MARTINSBURG, WEST VIRGINIA – Taylor Dawn Marlow, of Martinsburg, West Virginia, has admitted to a firearms charge, United States Attorney William Ihlenfeld announced.

Marlow, 29, pleaded guilty today to one count of “Aiding and Abetting False Statement During Purchase of Firearm.” Marlow admitted to working with another to illegally purchase a .380 caliber pistol from a licensed dealer in Berkeley County in May 2021.

Marlow faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, & Explosives investigated.

U.S. Magistrate Judge Robert W. Trumble presided.

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BOSTON – BioReference Health, LLC, formerly known as BioReference Laboratories, Inc., (BioReference) and OPKO Health, Inc. (OPKO) have agreed to pay $9.85 million to resolve alleged violations of the False Claims Act. The government alleges that BioReference rented office space from physicians and then paid those physician-landlords above-market rent so that the physicians would send their laboratory business to BioReference. BioReference, a subsidiary of OPKO, is headquartered in New Jersey and is one of the largest clinical laboratories in the United States.

Between January 2013 and March 2021, BioReference made lease payments to physicians and physician groups for the rental of office space for amounts that exceeded fair market value, in violation of the Physician Self‑Referral Law and the Anti-Kickback Statute.  The Physician Self‑Referral Law, commonly known as the Stark Law, prohibits a health care provider from billing for certain services referred by physicians with whom the provider has a financial relationship, unless that relationship satisfies one of the law’s statutory or regulatory exceptions. The Anti‑Kickback Statute prohibits offering or paying remuneration with the intent to induce the referral of items or services covered by Medicare, Medicaid, and other federally funded programs. Both the Stark Law and the Anti-Kickback Statute are intended to ensure that physicians’ medical judgments are not compromised by improper financial inducements.

As part of today’s settlement, BioReference admitted that it rented the office space from the specified physician practices for Patient Service Centers (PSCs) where patients could have their blood samples taken. In calculating payments under certain PSC lease arrangements, BioReference inaccurately measured the amount of space it would use exclusively and included a disproportionate share of common spaces. BioReference analyzed referrals from nearby health care providers—including physician-landlords—when deciding whether to open, maintain, or close PSCs. Following OPKO’s acquisition of BioReference, the companies conducted multiple internal audits that showed that the payments to the specified physician-lessors exceeded fair market value. BioReference did not report or return any overpayments to federal health care programs.

“Medical decisions by doctors should be based on what is best for each patient, not a doctor’s personal financial interest,” said United States Attorney Rachael S. Rollins. “When companies violate the federal health care laws that are meant to protect patients, health care costs for hard working people increase. We will continue to find fraud and use the False Claims Act to make companies that break the law pay back the taxpayers they defrauded as well as pay a financial price for their misconduct.”

“The integrity of federal health care programs depends on providers making decisions based on the interests of their patients,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice and its agency partners are committed to enforcing laws prohibiting illegal financial arrangements that may distort health care decision-making and drive up costs to federal health care programs and patients.”

In connection with the False Claims Act settlement, BioReference and OPKO have also entered into a five-year Corporate Integrity Agreement with the U.S. Department of Health and Human Services, Office of Inspector General, which provides for periodic reviews of BioReference’s processes, policies, and transactions for compliance with the Anti-Kickback Statute and the Stark Law by an Independent Review Organization. 

“This settlement is a warning to laboratories that think they can boost their profits by entering into improper financial arrangements with referring physicians,” said Special Agent in Charge Phillip M. Coyne of the U.S. Department of Health and Human Services, Office of Inspector General. “Working with our law enforcement partners, we will continue to crack down on such deals, which work to undermine impartial medical judgement, drive up health care costs, and corrode the public’s trust in the health care system.”

“Laboratories that scheme to enrich their businesses through health care fraud—such as by paying kickbacks—drive up health care costs for everyone,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “This settlement shows how seriously the FBI takes its responsibility to weed them out, and we’d also like to thank the whistleblower in this case for helping us ensure these entities are held accountable.”

“When health care companies pay unlawful remuneration to physicians and submit false claims for improper referrals, they undermine the integrity of TRICARE and place an unnecessary financial burden on the program,” stated Special Agent in Charge Patrick J. Hegarty of the Defense Criminal Investigative Service, the law enforcement arm of the Department of Defense Office of Inspector General.  “The settlement agreement announced today demonstrates our ongoing commitment to work with our law enforcement partners to investigate healthcare fraud and protect TRICARE, the healthcare system for military members and their dependents.”

The False Claims Act allegations being resolved were originally brought in a lawsuit filed by a whistleblower under the qui tam provisions of the False Claims Act. Under those provisions, a private party can file an action on behalf of the government and share in any recovery.  In connection with today’s settlement, the whistleblower will receive 17 percent of the recovery. 

Under the settlement, the defendants will also pay approximately $145,000 to the Commonwealth of Massachusetts and the State of Connecticut to resolve alleged violations of their respective state False Claims Acts. 

U.S. Attorney Rollins, HHS-OIG SAC Coyne, FBI SAC Bonavolonta and DCIS SAC Hegarty made the announcement today. Assistant U.S. Attorneys Alexandra Brazier and Charles B. Weinograd of Rollins’s Affirmative Civil Enforcement Unit, and Trial Attorney Douglas Rosenthal of the Justice Department’s Civil Division, Commercial Litigation Branch, handled the matter.

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BioReference Health LLC, formerly known as BioReference Laboratories, Inc., (BioReference), and OPKO Health, Inc. (OPKO) have agreed to pay $9.85 million to resolve alleged violations of the False Claims Act arising from BioReference’s payment of above-market rents to physician landlords for office space in order to induce referrals from those physicians to BioReference. BioReference, a subsidiary of OPKO, is headquartered in New Jersey and is one of the largest clinical laboratories in the United States.

“The integrity of federal health care programs depends on providers making decisions based on the interests of their patients,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice and its agency partners are committed to enforcing laws prohibiting illegal financial arrangements that may distort health care decision-making and drive up costs to federal health care programs and patients.”

BioReference and OPKO have agreed to pay $9.85 million to resolve allegations that, between January 2013 and March 2021, BioReference made lease payments to physicians and physician groups for the rental of office space for amounts that exceeded fair market value, in violation of the Physician Self‑Referral Law and the Anti-Kickback Statute.  The Physician Self‑Referral Law, commonly known as the Stark Law, prohibits a health care provider from billing for certain services referred by physicians with whom the provider has a financial relationship, unless that relationship satisfies one of the law’s statutory or regulatory exceptions. The Anti‑Kickback Statute prohibits offering or paying remuneration to induce the referral of items or services covered by Medicare, Medicaid and certain other federally funded programs. Both the Stark Law and the Anti-Kickback Statute are intended to ensure that medical judgments are not compromised by improper financial inducements.

As part of today’s settlement, BioReference admitted that it rented the office space from the specified physician practices for Patient Service Centers (PSCs), where patients could have their blood samples taken. In calculating payments under certain PSC lease arrangements, BioReference inaccurately measured the amount of space BioReference would use exclusively and included a disproportionate share of common spaces.  BioReference analyzed referrals from nearby health care providers — including physician-lessors — when deciding whether to open, maintain or close PSCs. Following OPKO’s acquisition of BioReference, the companies conducted multiple internal audits that showed that the payments to the specified physician-lessors exceeded fair market value. BioReference did not report or return any overpayments to federal health care programs.

“Medical decisions by doctors should be based on what is best for each patient, not a doctor’s personal financial interest,” said U.S. Attorney Rachael S. Rollins for the District of Massachusetts. “When companies violate the federal health care laws that are meant to protect patients, health care costs for hard working people increase. We will continue to find fraud and use the False Claims Act to make companies that break the law pay back the taxpayers they defrauded as well as pay a financial price for their misconduct.”

In connection with the False Claims Act settlements, BioReference has also entered into a “Corporate Integrity Agreement” with the Department of Health and Human Services, Office of Inspector General (HHS-OIG). 

“This settlement is a warning to laboratories that think they can boost their profits by entering into improper financial arrangements with referring physicians,” said Special Agent in Charge Phillip M. Coyne of HHS-OIG. “Working with our law enforcement partners, we will continue to crack down on such deals, which work to undermine impartial medical judgement, drive up health care costs, and corrode the public’s trust in the health care system.”

“Laboratories that scheme to enrich their businesses through health care fraud — such as by paying kickbacks — drive up health care costs for everyone,” said Special Agent in Charge Joseph R. Bonavolonta of the FBI Boston Division. “This settlement shows how seriously the FBI takes its responsibility to weed them out, and we’d also like to thank the whistleblower in this case for helping us ensure these entities are held accountable.”

“When health care companies pay unlawful remuneration to physicians and submit false claims for improper referrals, they undermine the integrity of TRICARE and place an unnecessary financial burden on the program,” stated Special Agent in Charge Patrick J. Hegarty of the Defense Criminal Investigative Service, the law enforcement arm of the Department of Defense Office of Inspector General.  “The settlement agreement announced today demonstrates our ongoing commitment to work with our law enforcement partners to investigate health care fraud and protect TRICARE, the health care system for military members and their dependents.”

The settlement resolves allegations that were originally brought in a lawsuit filed by Jean Marie Crowley, a former employee at BioReference and OPKO, under the qui tam or whistleblower provisions of the False Claims Act. Under those provisions, a private party can file an action on behalf of the government and share in any recovery.  Ms. Crowley will receive approximately $1.7 million as her share of the recovery in this case.  The qui tam case is captioned United States ex rel. Crowley v. BioReference Laboratories, Inc. and OPKO Health, Inc., Civil Action No. 19-CV-10981-WGY (D. Mass.).  Under the settlement, defendants will also pay the Commonwealth of Massachusetts $141,041 and the State of Connecticut $5,001 to resolve alleged violations of their respective state False Claims Acts. 

The investigation was conducted by the Civil Division, Commercial Litigation Branch, Fraud Section, of the Department of Justice and the U.S. Attorney’s Office for the District of Massachusetts with assistance from HHS-OIG and Office of the General Counsel, the Department of Defense Office of Inspector General and the FBI. 

The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act.  Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The claims resolved by the settlement are allegations only, and there has been no determination of liability.

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            WASHINGTON — A federal grand jury returned an indictment charging Michael Thomas Pruden, 48, formerly of Maryland, with five counts of assault on federal land, one count of impersonating a federal officer, and a hate crimes sentencing enhancement alleging that Pruden assaulted four of the victims because of their perceived sexual orientation.

            Assistant Attorney General Kristen Clarke of the Department of Justice’s Civil Rights Division, U.S. Attorney Matthew M. Graves for the District of Columbia and Assistant Director in Charge Steven M. D’Antuono for the FBI Washington Field Office made the announcement.

            The indictment alleges that on five separate dates from 2018 to 2021, Pruden went after dark to Meridian Hill Park, a.k.a. Malcolm X Park, informally known in the Washington, D.C. community as a meeting place for men seeking consensual sex with other men, and assaulted five men with a chemical irritant. Before spraying the men, Pruden pretended to be a Park Police officer, shined a flashlight in the victims’ faces, and gave the victims police-style directives. The indictment alleges that Pruden assaulted four of the victims because of their actual or perceived sexual orientation. 

            Pruden was arrested today in Norfolk, Virginia. He faces a statutory maximum sentence of 10 years for each assault count and a three-year statutory maximum sentence for impersonating a federal officer. The hate crimes sentencing enhancement increases the range of the potential sentence for the assault counts.

            This case was investigated by the U.S. Park Police and the FBI Washington Field Office and is being prosecuted by Trial Attorney Rebekah J. Bailey of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Risa Berkower for the District of Columbia.

            If you believe that you were a victim of, or witnessed, a similar assault in Meridian Hill Park, please call the FBI tip line, 1-800-CALL-FBI (1-800-225-5324). 

            For more information and resources about the Justice Department’s work to combat hate crimes, visit www.justice.gov/hatecrimes.

            An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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            Prosecuting bias-related crimes is critical to keeping our community safe. When one member of a group in the community is the victim of a bias-related crime, all members carry with them a fear that they, too, may be targeted because of who they are. The U.S. Attorney’s Office for the District of Columbia (USAO-DC) is committed to enforcing both federal and local hate and bias-related crime laws.

            For more information:https://www.justice.gov/usao-dc/hatebias-related-crimes

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CHARLESTON, W.Va. – Shawn Lamont Lane, 33, of Charleston, was sentenced today to seven years in prison, to be followed by five years of supervised release, for distribution of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.

According to court documents and statements made in court, on March 5, 2021, Lane was a passenger in a vehicle encountered by law enforcement officers in the South Hills section of Charleston. The officers subsequently found approximately 11 grams of methamphetamine and 1 gram of fentanyl in Lane’s pocket. Lane admitted that he intended to distribute the drugs. Lane further admitted to possessing a Springfield Armory XD-M Elite 9mm pistol and more than 50 grams of methamphetamine also found in the vehicle. Lane admitted that in furtherance of his drug trafficking, he possessed this firearm along with two others later found in a residence where he was staying: a Norinco SKS, 7.62x39mm rifle and an Anderson Manufacturing AM-15, .300 Blackout caliber rifle.

Lane also admitted that on July 15, 2021, he sold 21 grams of methamphetamine to a confidential informant. The next day, July 16, 2021, Lane was stopped by law enforcement in a vehicle in which he was carrying another loaded handgun. Lane was again stopped by law enforcement, on July 20, 2021, and had over $2,300 in drug proceeds.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department.

United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Alex Hamner prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-227.

 

 

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WHEELING, WEST VIRGINIA – Franklin Keith Dotson, of New Martinsville, West Virginia, has admitted to a drug charge, United States Attorney William Ihlenfeld announced.

Dotson, 38, pleaded guilty today to one count of “Possession with Intent to Distribute Methamphetamine.” Dotson admitted to having methamphetamine in July 2021 in Marshall County.

Dotson faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Shawn M. Adkins is prosecuting the case on behalf of the government. The Marshall County Drug Task Force, a HIDTA-funded initiative; the Marshall County Sheriff’s Office, the Wetzel County Sheriff’s Office, and the Marshall County Prosecuting Attorney’s Office investigated.

U.S. Magistrate Judge James P. Mazzone presided.

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Marvin Javier Godoy-Mendoza, age 46, a citizen of Honduras, was charged by a federal grand jury on July 12, 2022, with illegal re-entry into the United States by a previously deported alien. 

According to United States Attorney Gerard M. Karam, the indictment alleges that Godoy-Mendoza was previously deported from the United States to Honduras in February 2013, and illegally reentered the United States again sometime thereafter.  Godoy-Mendoza was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.

This matter was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO) and is being prosecuted by Assistant United States Attorney Jenny P. Roberts.

Godoy-Mendoza faces a maximum penalty of 2 years of imprisonment, a term of supervised release following imprisonment, and a fine.  A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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SAVANNAH, GA:  A Georgia woman faces up to 20 years in prison after an indictment alleging she fraudulently obtained funds intended for COVID-19 small business assistance.

Gladys Harun, 43, of Byron, Ga., is charged with one count of Wire Fraud, said David H. Estes, U.S. Attorney for the Southern District of Georgia. The charge subjects Harun upon conviction to a statutory penalty of up to 20 years in prison along with substantial financial penalties and restitution, followed by up to three years of supervised release upon completion of any prison term.

There is no parole in the federal system.

“Congress appropriated nearly $650 billion to help small businesses struggling to survive during the pandemic,” said U.S. Attorney Estes. “That amount of money rang the dinner bell for those who would exploit the system to feed their greed, and with our law enforcement partners we are holding them accountable.”

As described in the indictment returned by a U.S. District Court Grand Jury and in court proceedings, Harun, who operates a tax preparation business with several locations, is accused of providing “false and altered supporting documentation” to obtain $299,913 in loan proceeds from a California lender through the Coronavirus Aid, Relief, and Economic Security Act’s Paycheck Protection Program.

Prior to the indictment, Harun was arrested on a criminal complaint and ordered detained by U.S. Magistrate Brian K. Epps.

Criminal indictments and complaints contain only charges; defendants are presumed innocent unless and until proven guilty.

The case is being investigated by the Small Business Administration Office of Inspector General, the U.S. Secret Service, and IRS Criminal Investigations, and prosecuted for the United States by the U.S. Attorney’s Office for the Southern District of Georgia.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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FLORENCE, SOUTH CAROLINA —Brodus Bernard Gregg, 68, of Conway, South Carolina, was convicted following a two-day jury trial in federal court for participating in an interstate cocaine trafficking conspiracy that operated for several years in the Pee Dee.

“Brodus Gregg and his co-conspirators brought large quantities of cocaine from other states into South Carolina, and a jury has now held him accountable for his conduct,” said U.S. Attorney Corey F. Ellis. “We are grateful to the Drug Enforcement Administration and the Aiken County Sheriff’s Office for their work in disrupting and dismantling this criminal enterprise.  Alongside our federal, state, and local partners, we will continue to prioritize the prosecution of those who profit off the lethal drugs they pedal into our communities.”

“The mission of DEA is unwavering–we relentlessly pursue drug traffickers who distribute dangerous drugs like cocaine in our communities,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “These drugs cause immeasurable damage. DEA and its law enforcement partners are committed to protecting and serving these communities.”

“We are so appreciative of the partnerships that we have with State and Federal agencies which resulted in a conviction for this case.  We are grateful to the deputies who initiated this investigation and for their exceptional work,” said Aiken County Sheriff Michael Hunt.  “We will continue to do what we can to stop the distribution of illegal narcotics by working with our law enforcement partners and our community.” 

Evidence presented by the Government at trial established that beginning around 2015, several drug dealers in the Conway and Myrtle Beach area began paying Gregg between $1,000 and $1,500 to pick up kilogram-quantities of cocaine and heroin from sources of supply in Bridgeport, Connecticut, and Atlanta, Georgia, and drive the drugs back to South Carolina, where they were broken down for further distribution. 

The existence of the conspiracy came to light during a court-authorized wiretap conducted by the Drug Enforcement Administration during the summer of 2020, which intercepted communications from three target telephones that were in contact with dozens of drug dealers in the Pee Dee.  Further investigation into the inner workings of the criminal enterprise led agents to piece together that Gregg had previously been caught during a traffic stop carrying ½ kilogram of cocaine from Atlanta to Conway while on a drug resupply run for the organization. 

The evidence showed that on October 9, 2019, at 8:19 p.m., two deputies from the Aiken County Sheriff’s Office Interdiction Unit stopped Gregg on the shoulder of Interstate 20 near Aiken based on a window tint violation.  The dash and body cameras from the stop showed that upon entering the Gregg’s identifying information into a car-mounted computer, deputies learned that he had an outstanding warrant for an unrelated crime from Georgetown County.  Deputies also walked a drug detection canine around Gregg’s vehicle during the stop, and the canine indicated a positive alert for narcotics. 

When deputies attempted to detain Gregg to search his vehicle, he ran and tried to reenter his vehicle to flee.  A roadside struggle ensued for more than five minutes as dozens of passenger vehicles and commercial trucks zoomed past them at highway speeds less than five feet away.  During this scuffle, the video captured Gregg telling the deputies that they will “have to kill him” to detain him.  

After Gregg was detained, the deputies searched his vehicle and located 500.9 grams of cocaine.  After being checked out by EMS roadside, Gregg admitted that he was delivering the cocaine from an individual in Atlanta to another individual in Conway.  In the months that followed, he also admitted his role in the drug trafficking conspiracy to DEA agents.

At trial, Gregg testified that he did not know what he was transporting, and that he thought on an earlier occasion he had transported beauty supplies for a co-conspirator’s wife’s beauty salon.  He stated that he fought the deputies because he felt intimidated during the traffic stop and accused agents of lying about the statements he gave during his interviews.  Several other members of the conspiracy who had previously pled guilty testified as witnesses.  They each said that Gregg knew that he was transporting cocaine, and that he had been doing so for them for several years.  They said the ½ kilogram of cocaine Gregg was transporting was worth approximately $25,000. 

The jury quickly returned a verdict of guilty.

United States District Judge Sherri A. Lydon presided over the trial and will sentence Gregg after receiving and reviewing a pre-sentence report that will be prepared by the United States Probation Office.  Gregg faces a penalty of 5 to 40 years in federal prison and a fine of $1,000,000.  He also faces at least four years of court-ordered supervision after prison.

The case was investigated by the U.S. Drug Enforcement Administration and the Aiken County Sheriff’s Office.  Assistant United States Attorneys Everett McMillian, Lead Task Force Attorney for the Organized Crime and Drug Enforcement Task Force (OCDETF), and Katie Stoughton, who serves as the Chief of the Office’s Appellate Division, prosecuted the case.  OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

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FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Hugo Vigil Villagomez, 42, of Oakdale, and Serafin Villagomez Vigil, 27, of Riverbank, charging them with possessing and conspiring to possess with intent to distribute 500 grams or more of methamphetamine, U.S. Attorney Phillip A. Talbert announced.

According to court documents, on June 30, 2022, Villagomez and his nephew Vigil attempted to sell 440 pounds of methamphetamine to an undercover law enforcement officer. On the day of the deal, Villagomez and Vigil arrived at a parking lot in Salida, where they met with the undercover officer. They had brought with them several suitcases stuffed full of hundreds of pounds of methamphetamine. When the pair unzipped the suitcases, law enforcement personnel moved in and arrested them.

This case is the product of an investigation by the Drug Enforcement Administration and the Stanislaus County Sheriff’s Department Special Investigations Unit. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.

If convicted, the defendants each face a mandatory minimum prison sentence of 10 years in prison and a maximum sentence of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

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FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Robert Anthony Mendoza Jr., 23, of Pico Rivera, charging him with assaulting a federal officer resulting in bodily injury and assaulting a federal officer with physical contact, U.S. Attorney Phillip A. Talbert announced.

According to court documents, on July 3, 2022, during the busy Fourth of July holiday weekend in Yosemite National Park, law enforcement rangers responded to a report of a fight in the campground known as Housekeeping Camp. The rangers saw Robert Mendoza Jr. and his father, Robert Mendoza Sr., fighting. As the rangers tried to arrest him, Mendoza Jr. refused to comply, and a violent confrontation ensued. Mendoza Jr. struck one ranger numerous times, resulting in pain, swelling, and bruising to the ranger’s head, jaw and neck. After Mendoza Jr. was finally subdued and placed in a patrol car for transport, he became violent again and slipped out of his restraints. When the rangers stopped to secure him, he began fighting with them and headbutted a second ranger.

This case is the product of an investigation by the Yosemite National Park Service law enforcement officers. Assistant U.S. Attorney Laurel J. Montoya is prosecuting the case.

If convicted, Mendoza Jr. faces a maximum statutory penalty of 20 years in prison and a $250,000 fine for assault on a federal officer resulting in bodily injury and up to eight years in prison and a $250,000 fine for assault on a federal officer with physical contact. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

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GALVESTON, Texas – A 47-year-old Bay City woman has been ordered to federal prison after admitting defrauding a company of nearly half a million dollars, announced U.S. Attorney Jennifer B. Lowery.

Kimberly Knebel Janise pleaded guilty April 5.

Today, U.S. District Judge Jeffery V. Brown sentenced her to 27 months in federal prison to be immediately followed by three years of supervised release. In assessing the term of punishment, the court imposed one month for every two months she stole.

The court also considered victim impact statements, one which described the profound effect of Janise’s embezzlement on the family-owned business and its employees. Janise was further ordered to pay $450,648.04 in restitution to the victims.

Janice worked as an accountant for McAda Drilling Fluids Inc. located in Bay City. In that role, Janice was responsible for paying bills, posting deposits and accounting. 

In August 2018, while reviewing business accounts, the company’s president noticed withdrawals linked to Janice’s credit card. The investigation revealed that Janise conducted 67 wire transactions from the company’s business account to pay off her credit card bill totaling almost half a million dollars.

Janise regularly withdrew between $4,000 to $12,000. However, in one particular month, she took $22,000. She continued to steal money to pay for travel and dining, while the company struggled with financial hardships. In fact, the president had not collected a paycheck for two years in an effort to retain employees.

Janise was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.

FBI – Texas City conducted the investigation. Assistant U.S. Attorney Zahra Jivani Fenelon prosecuted the case.

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          LOS ANGELES – A Nicaraguan national illegally residing in the United States has been sentenced to 135 months in federal prison for a two-week crime spree in which he robbed five United States Postal Service (USPS) employees – and fired a handgun so close to one victim that it caused him to suffer a ruptured eardrum, the Justice Department announced today.

          Elvyn Antonio Rodriguez, 22, a.k.a. Elvyn Meneses Rodriguez, a transient who has lived in various locations in the San Fernando Valley, was sentenced late Wednesday afternoon by United States District Judge Dolly M. Gee, who also ordered him to pay $2,825 in restitution to the USPS and two mail carriers.

          Rodriguez pleaded guilty on March 15 to three counts of robbery of mail and property of the United States and one count of aggravated identity theft.

          From April 30 until May 14, 2021, Rodriguez robbed five USPS employees in Encino, North Hills, Van Nuys and West Los Angeles, pointing a firearm at them and stealing their personal belongings, including their cell phones, credit cards and the keys to their USPS trucks. Rodriguez then used the victims’ credit cards at retailers, where he purchased various items including clothing, BB guns, a watch, a glass pipe, and gasoline.

          In the fifth robbery on May 14, 2021, Rodriguez, carrying a semi-automatic firearm, approached a USPS mail carrier in West Los Angeles and demanded his wallet. When the victim refused, Rodriguez cocked his firearm. Rodriguez and the victim then struggled over the firearm. During the struggle, Rodriguez fired the weapon in close proximity to the victim’s head, leaving gunshot residue on the victim’s shoulder. Rodriguez then stole mail from the victim and fled in a stolen Chevrolet Malibu along with an accomplice. A .40-caliber casing was recovered at the robbery’s location.

          As a result of the gun discharge, the victim was transported to a hospital and was treated for a ruptured ear drum.

          Rodriguez, who has been in federal custody since May 2021, caused USPS a loss of at least $1,805, one victim a loss of $60 and another victim a loss of $960.

          “While [Rodriguez] enriched himself at the expense of his victims, they remained traumatized and forever impacted by [his] actions,” prosecutors argued in a sentencing memorandum.

          The United States Postal Inspection Service and the Los Angeles Police Department investigated this matter.

          Special Assistant United States Attorney Kyle W. Kahan of the General Crimes Section prosecuted this case.

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McALLEN, Texas – A 60-year-old San Antonio resident has been ordered to federal prison after admitting to conspiring to import 18 kilograms of meth, announced U.S. Attorney Jennifer B. Lowery.

Douglas Wayne Tatum pleaded guilty Feb. 1.

Today, U.S. District Judge Micaela Alvarez ordered Tatum to serve a 188-month sentence to be immediately followed by three years of supervised release. In handing down the sentence, Judge Alvarez noted Tatum was more than average participant and had recruited the driver who imported the meth.

At the time of his plea, Tatum admitted that on Sept. 30, 2019, he directed Kandy Martinez to drive into Mexico and smuggle a vehicle loaded with bundles of meth into the United States. He said he would be waiting for her when she returned and would pay her $4,000.

He admitted he drove Martinez from San Antonio to Rio Grande Valley. She then drove into Mexico and exchanged her car for the vehicle loaded with meth.

Martinez attempted to drive the vehicle into the United States at the Donna Port of Entry. At inspection, a search of the vehicle revealed 18 bundles of meth weighing 18 kilograms hidden within the rear panel of the vehicle and in the spare tire.

Martinez, 52, San Antonio,  previously pleaded guilty and received a 42-month term of imprisonment followed by three years of supervised release.

Tatum will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney M. Alexis Garcia prosecuted the case.

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Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that LUIS SALAMAN, also known as “J,” “Lou Benz,” “Louie Benz” and “Benz,” 20, of East Haven, pleaded guilty today via videoconference before U.S. Magistrate Judge Thomas O. Farrish in Hartford to possessing a firearm in furtherance of a drug trafficking crime.

According to court documents and statements made in court, on September 22, 2020, New Haven Police officers arrested Salaman on an outstanding state arrest warrant after he entered a store on the corner of Ferry Street and Sanford Street in New Haven.  At the time of his arrest, Salaman possessed a loaded Sig Sauer 1911 .45 caliber firearm with an obliterated serial number, and heroin and marijuana that he intended to distribute.

Salaman has been detained since his federal arrest on October 2, 2020.

Salaman is scheduled to be sentenced by U.S. District Judge Jeffrey A. Meyer on October 17, 2022, at which time he faces a mandatory term of imprisonment of five years and a maximum term of imprisonment of life.

This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Haven Police Department.  The case is being prosecuted by Assistant U.S. Attorneys Konstantin Lantsman and Natasha Freismuth.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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PORTLAND, Ore.—A Lauderdale Lakes, Florida man was sentenced to federal prison today for his leadership role in a bank fraud and identity theft scheme targeting female victims in the Portland Metropolitan Area.

Delvin Mills, 30, was sentenced to 55 months in federal prison and three years’ supervised release. Mills was also ordered to pay $98,733 in restitution.

According to court documents, Mills was a member of the Felony Lane Gang, an interstate criminal organization based in Florida that traveled to locations throughout the U.S. to commit vehicle break-in and fraud sprees. The organization targeted female victims who would leave their purses, wallets, and valuables in parked cars. After victims exited their vehicles—often to drop off children, run errands, or visit a gym—Felony Lane Gang members would break into the vehicles to steal targeted items. After the theft, the gang members quickly deployed associates to conduct fraudulent bank or merchant transactions using their victims’ stolen identification, checks, and credit or debit cards.

In the fall of 2019, Mills led a group of individuals who traveled to Portland to target local victims. Once Mills and his accomplices stole items from a vehicle, they checked to see if one of several female co-conspirators resembled the victim. If one of their female co-conspirators could impersonate the victim, they would attempt to cash fraudulent checks written in the impersonated victim’s name. The co-conspirators would cash checks at various local banks, using the outer-most lane of each bank’s drive-up teller window to avoid detection.

Investigators identified 32 vehicle thefts and 22 instances of bank fraud committed during Mills’ most recent known Oregon crime spree. In total, this spree resulted in a financial loss of more than $98,000. After Mills left Portland, he and a co-conspirator—Damian Fletcher, 27, of Fort Lauderdale, Florida—travelled to Denver, Colorado where they continued breaking into cars and stealing identities.

On June 6, 2020, a federal grand jury in Portland returned a 14-count superseding indictment charging Mills, Fletcher, and four co-defendants with conspiring to commit bank fraud, bank fraud, and aggravated identity theft. On February 24, 2021, Mills pleaded guilty to conspiring to commit bank fraud and aggravated identity theft.

After Mills pleaded guilty and was released on supervision conditions pending sentencing, he was arrested in Nevada for again breaking into cars. One month after his Nevada arrest, he was arrested in Southern Illinois for perpetrating a scheme similar to the one he had operated in Oregon. Mills’ arrest in Illinois led to a second federal conviction for which he will be sentenced on July 20, 2022.

On January 7, 2021, Fletcher pleaded guilty to conspiring to commit bank fraud and aggravated identity theft. On May 3, 2021, he was sentenced to three years in federal prison and three years’ supervised release.

Co-defendants Megan Spurlock, 28, of Washington State; Linda Marie Lupo, 53, of Deerfield, Florida; and Justin Curry, 29, of Fort Lauderdale, have all pleaded guilty and were sentenced for their roles in the scheme.

U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.

This case was investigated by Homeland Security Investigations with assistance from the West Linn Police Department, Tualatin Police Department, and Clark County Sheriff’s Office. It was prosecuted by Seth D. Uram and Quinn P. Harrington, Assistant U.S. Attorneys for the District of Oregon. 

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            CONCORD – Dawson Boston, 23, of Rochester, pleaded guilty in federal court to one count of conspiracy to distribute and to possess with intent to distribute fentanyl, and two counts of distribution of fentanyl, United States Attorney Jane E. Young announced today.

            According to court documents and statements made in court, in February 2019, the FBI learned that Boston was selling fentanyl in the Rochester area.  Between April 9, 2019 and July 29, 2019, the FBI used informants to make six controlled purchases from Boston, resulting in the purchase of a total of approximately 489 grams of fentanyl.           

            Boston is scheduled to be sentenced on November 7, 2022.

            This matter was investigated by the Federal Bureau of Investigation, the Dover Police Department and the New Hampshire State Police.  The case is being prosecuted by Assistant U.S. Attorney Anna Dronzek.

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WASHINGTON -The United States and Mexico announced a resolution to a dispute at a Panasonic auto parts plant in Mexico on Thursday, with workers receiving an above-inflation pay rise after the firm rejected an agreement with a union that lacked lawful bargaining authority.

The agreement involved the Panasonic Automotive Systems facility in the northern border city of Reynosa, Mexico, “where workers were previously denied their freedom of association and collective bargaining rights,” the U.S. Trade Representative said (USTR) said in a statement.

Workers are set to get a 9.5% salary increase under a contract negotiated by a recently elected independent union, coming as Mexican annual inflation is running at a 21-year high of nearly 8.0%.

The agreement marks the second time that a case scrutinized under the two-year-old United States-Mexico-Canada Agreement (USMCA), has helped workers achieve salary increases after bringing in an independent union of their choice.

Workers at General Motors in the central Mexican city of Silao scored an 8.5% raise in a negotiation between the company and their new union earlier this year.

In addition to scrapping a bargaining agreement with a union that lacked authority, the Panasonic plant agreed to remove the union, reimburse workers for union dues deducted from paychecks, and recognize an independent union, SNITIS, USTR said. Panasonic also hired back 19 workers who had been dismissed after what they said was a reprisal for backing SNITIS.

“We are pleased with the fact that USTR has terminated the proceeding under the rapid-response labor mechanism of the USMCA, and that the United States and Mexico are in agreement that there is no ongoing denial of our employees’ rights,” Panasonic North America said in emailed comments.

Panasonic said it fully supports its employees’ rights of freedom of association and collective bargaining.

Mexico’s Labor Ministry said all of the issues raised in the investigation had been resolved, and that it would monitor the plant to ensure the re-hired workers could freely support the union of their choice.

U.S. Trade Representative Katherine Tai in May asked the Mexican government to review the matter under the USMCA’s Rapid Response Labor Mechanism.

“Today’s announcement is yet another example of the Biden-Harris Administration’s commitment to defending the rights of workers, including those that live beyond our borders,” Tai said in the statement.

The incident marked the third U.S. labor complaint under a new trade deal that aims to improve workplace conditions in Mexico.

(Reporting by Doina Chiacu in Washington, Daina Beth Solomon in Mexico City; Editing by Leslie Adler, Nick Zieminski and Diane Craft)

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By Patricia Zengerle

WASHINGTON – The U.S. House of Representatives on Thursday approved legislation that would create a new hurdle for President Joe Biden’s plan to sell F-16 fighter jets to Turkey.

The House approved the measure, offered by Democratic Representatives Frank Pallone and Chris Pappas, as an amendment to the annual National Defense Authorization Act, by 244 to 179.

It is the latest effort by members of Congress to exert control over the sale of the Lockheed Martin aircraft to NATO ally Turkey.

The amendment would bar the United States to sell or transfer the jets to Turkey unless the administration certifies that doing so is essential to U.S. national security and included a description of concrete steps taken to ensure they are not used for repeated unauthorized overflights of Greece.

Senator Bob Menendez, chairman of the Senate Foreign Relations Committee, who reviews major international weapons deal, has said previously he opposed the sale.

However, it is several steps from becoming law. Once the House passes its version of the NDAA – expected later on Thursday – the Senate must approve its version. Then lawmakers must reach a compromise version of the legislation, which authorizes more than $800 billion in defense spending, before voting again later this year.

Many U.S. lawmakers soured on Ankara after its 2019 acquisition of a Russian-made missile defense system, triggering U.S. sanctions as well as Turkey’s removal from the F-35 fighter jet program.

Turkish President Tayyip Erdogan’s increasingly authoritarian grip on power and eroding freedoms for journalists, advocates and rights defenders have also prompted many in Washington to argue against a weapons sale to Turkey.

(Reporting by Patricia Zengerle, additional reporting by Humeyra Pamuk; Editing by Marguerita Choy)

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By Pete Schroeder and Elizabeth Dilts Marshall

WASHINGTON -Bank of America has been fined $225 million by a pair of U.S. banking regulators over what they called a “botched” handling of jobless benefits during the pandemic.

The Office of the Comptroller of the Currency (OCC) and the Consumer Financial Protection Bureau (CFPB) said the bank had a faulty fraud detection program that improperly froze the prepaid card accounts of thousands of people seeking jobless benefits in 2020 and 2021.

In addition to the fine, the regulators ordered the bank to pay redress to harmed consumers, which the CFPB estimated would amount to hundreds of millions of dollars more.

As jobless claims surged during the pandemic, the CFPB said the bank, which administered prepaid jobless benefit debit cards on behalf of 12 states, implemented an automatic fraud filter, which resulted in thousands of cardholders having their accounts improperly frozen.

Worsening matters, regulators said the bank made it difficult for people to unfreeze their cards, insufficiently staffing their call centers and requiring people to spend hours on hold to try and address the matter.

“Taxpayers relied on banks to distribute needed funds to families and small businesses to rescue the economy from collapse when the pandemic hit,” said CFPB Director Rohit Chopra. “Bank of America failed to live up to its legal obligations. And when it got overwhelmed, instead of stepping up, it stepped back.”

The bank did not admit nor deny the findings. In a statement, a bank spokesperson said states were responsible for reviewing and approving unemployment applications, and the penalties arose “despite the government’s own acknowledgement that the unemployment program expansion during the pandemic created unprecedented criminal activity.”

In addition to the fines, the bank now faces a pair of consent orders from the OCC and CFPB, which directs the bank to overhaul its policies and address shortcomings. Such consent orders can linger with banks for years, and subjects a firm to heightened regulatory scrutiny as it works to prove it has addressed underlying problems.

As part of the orders, the bank is directed to establish a remediation plan to identify harmed consumers and determine how much they should be repaid.

(Reporting by Pete Schroeder; editing by Jonathan Oatis and Aurora Ellis)

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By Nate Raymond

(Reuters) -Texas sued the federal government on Thursday over new guidance from the Biden administration directing hospitals to provide emergency abortions regardless of state bans on the procedure that came into effect in the wake of the U.S. Supreme Court’s reversal of its landmark 1973 Roe v. Wade decision.

Republican Texas Attorney General Ken Paxton in the lawsuit argued the U.S. Department of Health and Human Services was trying to “use federal law to transform every emergency room in the country into a walk-in abortion clinic.”

The lawsuit focused on guidance issued on Monday advising that a federal law protecting patients’ access to emergency treatment requires performing abortions when doctors believe a pregnant woman’s life or health is threatened.

The guidance came after President Joe Biden, a Democrat, signed an executive order on Friday seeking to ease access to services to terminate pregnancies after the Supreme Court on June 24 overturned the Roe v. Wade ruling recognizing a nationwide right of women to obtain abortions.

Abortion services ceased in Texas after the state’s highest court on July 2, at Paxton’s urging, cleared the way for a nearly century-old abortion ban to take effect.

HHS said the guidance from its U.S. Centers for Medicare & Medicaid Services agency did not constitute new policy but merely reminded doctors of their obligations under the Emergency Medical Treatment and Active Labor Act.

But in the lawsuit filed in Lubbock, the Republican-led state of Texas argued that federal law has never authorized the federal government to compel doctors and hospitals to perform abortions and that the guidance was unlawful.

White House press secretary Karine Jean-Pierre in a statement called it “unthinkable that this public official would sue to block women from receiving life-saving care in emergency rooms, a right protected under U.S. law.”

About half the states are expected to move to restrict or ban abortions. Thirteen states, including Texas, had so-called “trigger” laws on the books designed to snap into effect if Roe v. Wade was overturned.

(Reporting by Katharine Jackson and Tim Ahmann; Editing by Chris Gallagher, Rosalba O’Brien and Diane Craft)

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LIMA – Peruvian Finance Minister Oscar Graham said on Thursday that he still expects the country’s economy to grow 3.6% in 2022, reiterating an earlier forecast despite growing concerns about the potential for a worldwide economic slowdown.

“With the information we have from the first four months, we still maintain the 3.6% forecast, however this is a (figure) that is under constant review,” Graham said in a conference with the foreign press.

Graham said the figure could be revised in August, when Peru usually updates its multi-annual economic forecasts.

Peru is one of Latin America’s most sable economies and the world’s No. 2 copper producer. While copper prices have fallen in recent weeks, Graham said they are still within expected parameters.

Anglo American has recently opened its large Quellaveco copper mine, which Graham expects will contribute 0.4 percentage points to Peru’s gross domestic product this year and 1.0 percent in 2023.

(Reporting by Marco Aquino; Writing by Marcelo Rochabrun; Editing by Sandra Maler)

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ATLANTIC CITY, NJ – Police arrested a 16-year-old male who gave chase to officers through an alleyway after responding to a 911 call regarding an armed suspect pointing a gun at another person.

“At 9:46 PM, police communications received information regarding a group of three males confronting a passerby in the 2900 block of Milano Terrace,” the Atlantic City Police Department reported. “One male from the group pulled a handgun from a backpack he was carrying and pointed it at the victim. The parties ultimately separated and continued their separate ways without further incident. A description of the three males was broadcasted to patrol units.”

ABout 10 minutes later, Atlantic City police officers Ivaylo Ivanov and Salvatore Marciante observed three males matching the description of the suspects in the first block of South Bellevue Avenue.

“Upon approaching the males, they began to run from the officers eastbound through an alleyway towards Florida Avenue.” police reported. “Officer Ivanov drove his patrol vehicle around to the first block of South Florida Avenue, where Officer Marciante exited the vehicle and stopped two of the three males. Officer Ivanov also exited his vehicle and pursued the third male down the alley leading back to Bellevue Avenue.”
The male, a 16-year-old juvenile, was ultimately apprehended by Officer Ivanov and taken into custody without further incident. Officers located the backpack the juvenile was carrying a short distance away. Inside the backpack, officers located a handgun. The recovered handgun was found to be loaded with hollow point ammunition. Officers also determined the handgun was a “Ghost Gun”, a firearm that lacks a serial number, rendering the weapon difficult to trace.

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LINDEN, NJ – At least two teens were injured during a fight Wednesday night at Martin Luther King Memorial Park in Linden. According to police, an 18-year-old man and a 16-year-old male juvenile were both transported to Trinitas Regional Medical Center for non-life-threatening injuries after a fight escalated into a shooting at around 8:20 pm.

The Linden Police Department said officers responded to the area and observed a large group of juveniles running from the scene.

“One of the parties involved, a 16-year-old juvenile, was transported to Trinitas Regional Medical Center with non-life-threatening injuries,” police said. “Moments later, Officers learned that a second party involved in the incident had self-transported to Trinitas Regional Medical Center. The victim, an 18-year-old man from Roselle, was treated for a non-life-threatening gunshot wound.”

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