Source: United States Department of Justice Criminal Division

A former senior executive of a Michigan asphalt paving company was sentenced today to six months in prison and a $20,000 fine for his role in a conspiracy to rig bids for asphalt paving services contracts in Michigan.

Timothy Baugher, former president of Pontiac-based Asphalt Specialists LLC (ASI), pleaded guilty to conspiring with F. Allied Construction Company Inc. (Allied), and employees from those companies to rig bids in each other’s favor on Jan. 8. According to court documents, the co-conspirators coordinated each other’s bid prices so that the agreed-upon losing company would submit intentionally non-competitive bids. These bids gave customers the false impression of competition when, in fact, the co-conspirators already had decided among themselves who would win the contracts. Baugher participated in the conspiracy from July 2017 through May 2021.

Baugher’s former employer, ASI, and another former ASI executive also pleaded guilty for their participation in the conspiracy with Allied in January 2024. Allied and two of its executives previously pleaded guilty in August 2023 for their participation in the conspiracy. On Aug. 15, 2024, ASI was sentenced to pay a fine of $6,500,000.

“There is nothing impressive, just, or indeed lawful about rigging bids with your competitors to ‘win’ a contract,” said Acting Deputy Assistant Attorney General Omeed A. Assefi of the Justice Department’s Antitrust Division. “As the court itself noted, white-collar criminals mistakenly expect better treatment than blue-collar criminals. The Antitrust Division and its law enforcement partners will enforce the law against all individuals who seek to cheat and deprive the public of the benefits of competition.”

Baugher is one of seven individuals that have been charged as part of an ongoing federal antitrust investigation into bid rigging and other anticompetitive conduct in the asphalt paving services industry. Three companies also have been charged as part of the investigation, which, to date, has resulted in over $8.1 million in criminal fines.

The Antitrust Division’s Chicago Office is prosecuting the case, which was investigated with the assistance of the Offices of Inspectors General for the U.S. Department of Transportation and U.S. Postal Service.

Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.

Source: United States Department of Justice Criminal Division

Yesterday, a district court judge convicted a Virginia man, who worked for the Department of Commerce, of possessing and receiving child sexual abuse material (CSAM).

According to court documents and evidence presented at trial, Rafferty Daniel Kelly, 40, of Alexandria, worked for the U.S. Patent and Trademark Office. In March 2022, a federal CSAM investigation involving an internet-based peer-to-peer file sharing service, a program used by the defendant to obtain CSAM, led federal agents to execute a search warrant at Kelly’s home, where they seized multiple devices. A review of those devices revealed that, over a period of at least two years, Kelly had downloaded and stored over 50,000 images of CSAM and child erotica, including images of infants and prepubescent children. Kelly also possessed a handbook on how to groom children.

At the end of the bench trial yesterday, the Honorable Michael S. Nachmanoff found Kelly guilty of one count of receipt of child pornography and one count of possession of child pornography. The defendant is scheduled to be sentenced on July 24 and faces a mandatory minimum penalty of five years in prison and a maximum penalty of 40 years in prison. Judge Nachmanoff will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Matthew R. Galeotti, Head of the Justice Department’s Criminal Division, United States Attorney Erik S. Siebert for the Eastern District of Virginia, and Special Agent in Charge Sean Ryan of the FBI Washington Field Office’s Criminal and Cyber Division made the announcement.

Trial Attorney Nadia Prinz of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Vanessa Strobbe for the Eastern District of Virginia are prosecuting the case.

This case was investigated by the FBI Washington Field Office’s Child Exploitation and Human Trafficking Task Force. The task force is composed of FBI agents, along with other federal agents and detectives from northern Virginia and the District of Columbia. The task force is charged with investigating and bringing federal charges against individuals engaged in the exploitation of children and those engaged in human trafficking.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, visit www.justice.gov/psc.

Source: United States Department of Justice Criminal Division

Former Federal Aviation Administration (FAA) contractor Abouzar Rahmati, 42, a naturalized U.S. citizen and resident of Great Falls, Virginia, pleaded guilty today to conspiring to act and acting as an agent of the Iranian government in the United States without prior notification to the Attorney General.

According to court documents, from at least December 2017 through June 2024, Rahmati worked with Iranian government officials and intelligence operatives to act on their behalf in the United States, including by meeting with Iranian intelligence officers in Iran, communicating with Iranian intelligence officers and government officials using a cover story to hide his conduct, obtaining employment with an FAA contractor with access to sensitive non-public information about the U.S. aviation sector, and obtaining open-source and non-public materials about the U.S. solar energy industry and providing it to Iranian intelligence officers.

In August 2017, Rahmati offered his services to the Iranian government through a senior Iranian government official who previously worked in Iran’s Ministry of Intelligence and Security and with whom Rahmati had previously attended university. Four months later, in December 2017, Rahmati traveled to Iran, where he met with Iranian intelligence operatives and government officials and agreed to obtain information about the U.S. solar energy industry, to provide that information to Iranian officials, and to conduct future communications under a cover story based on purported discussions about research with fellow academics.

Upon returning to the United States in early 2018, Rahmati obtained various private and open-source materials related to the U.S. solar energy industry and provided them to an official from the office of Iran’s Vice President for Science and Technology in response to tasking from Iranian government officials.

In response to tasking from Iranian officials, and in furtherance of his role as an agent of the Government of Iran, Rahmati exploited his employment as an FAA contractor, working for U.S. COMPANY 1, by downloading at least 172 GB of U.S. COMPANY 1 files, which included sensitive access-controlled FAA documents related to the National Aerospace System (NAS), NAS Airport Surveillance Radar systems, and radio frequency data. Rahmati stored those files on removable media, which he took to Iran, where he provided sensitive documents to the Government of Iran in April 2022.

Also in April 2022, in response to tasking from Iranian government officials, Rahmati sent additional information relating to solar energy, solar panels, the FAA, U.S. airports, and U.S. air traffic control towers to his brother, who lived in Iran, so that he would provide those files to Iranian intelligence on Rahmati’s behalf.

Sentencing is scheduled for Aug. 26. Rahmati faces a maximum statutory penalty of 10 years in prison for acting as an agent of a foreign government without prior notification to the Attorney General, and up to five years in prison for conspiracy. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Sue Bai, head of the Justice Department’s National Security Division, U.S. Attorney Edward R. Martin Jr. for the District of Columbia, and Assistant Director Roman Rozhavsky of the FBI’s Counterintelligence Division made the announcement.

The FBI’s Washington Field Office is investigating the case, with significant assistance from the FAA’s Office of Counterintelligence and Technical Operations.

Assistant U.S. Attorneys Christopher Tortorice and Kimberly Paschall for the District of Columbia and Trial Attorneys Beau Barnes and Alexander Wharton of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case, with significant assistance from the U.S. Attorney’s Office for the Eastern District of Virginia.