Philadelphia man sentenced for heroin and fentanyl distribution

by Press Release October 4, 2021

By: Press Release

MARTINSBURG, WEST VIRGINIA – Richard Gaines, of Philadelphia, Pennsylvania, was sentenced today to 151 months of incarceration for opioid distribution, Acting U.S. Attorney Randolph J. Bernard announced.

Gaines, age 46, pled guilty in July 2020 to one count of “Possession with Intent to Distribute Heroin and Fentanyl.” Gaines admitted to having heroin and fentanyl in June 2017 in Berkeley County. The night of his arrest, Gaines fled from police during a traffic stop in Martinsburg at a high rate of speed, hitting a tree. During the hearing today, it was mentioned that Gaines, who is not a drug user, was in Martinsburg for the sole reason of selling drugs. He is labeled as a career offender, with a previous violent crime conviction and another felony drug conviction.

These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally. 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 https://www.justice.gov/OCDETF.

Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, the West Virginia State Police, and the Martinsburg Police Department investigated.

Chief U.S. District Judge Gina M. Groh presided.

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Department of Justice Press Releases

Jefferson County man admits to drug charge

by Press Release October 4, 2021

By: Press Release

MARTINSBURG, WEST VIRGINIA –Shaquan Osullivan Kelly, of Ranson, West Virginia, has admitted to a drug charge, Acting United States Attorney Randolph J. Bernard announced.

Kelly, 25, pleaded guilty today to one count of “Distribution of Cocaine Base.” Kelly admitted to selling cocaine base, also known as “crack,” in August 2018 in Jefferson County.

Kelly faces up to 20 years of incarceration and 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 Lara Omps-Botteicher is prosecuting the case on behalf of the government. The FBI; U.S. Marshals Service; Homeland Security Investigations; the West Virginia Air National Guard; the Eastern Panhandle Drug Task Force, a HIDTA-funded initiative; the West Virginia State Police, the DEA Task Force Montgomery County, Maryland; and the Frederick, Maryland, HIDTA group investigated. The EPDTF consists of the West Virginia State Police, Berkeley County Sheriff’s Office, the Jefferson County Sheriff’s Office, Ranson Police Department, the Charles Town Police Department, and the Martinsburg Police Department.

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

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Department of Justice Press Releases

Illinois Man Pleads Guilty to Money Laundering for Role in Internet-Based Fraud Schemes

by Press Release October 4, 2021

By: Press Release

WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced that an Illinois man pleaded guilty Friday, October 1, 2021 to conspiring with others to launder, or attempting to launder, between $550,000 and $1,500,000 from internet-based fraud schemes. Chief Judge Colm F. Connolly accepted the plea.

According to court documents, Daniel Oluwatoki Kuye, 22, received funds from businesses and individuals victimized through internet-based fraud schemes, including business email compromises and romance fraud. Kuye’s co-conspirators defrauded businesses and individuals over the internet and then instructed those victims to send the fraudulently obtained money to Kuye or to an alias Kuye used to receive the illicit proceeds. Kuye personally used a portion of the fraud proceeds and distributed the remainder to other co-conspirators.

Kuye pleaded guilty to one count of conspiracy to commit money laundering and faces a maximum penalty of 20 years in prison when sentenced. Actual sentences for federal crimes are typically less than the maximum penalties. Chief Judge Connolly will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Weiss stated, “Mr. Kuye and his co-conspirators used online scams to steal money from American businesses and to cheat citizens out of their hard-earned savings. Mr. Kuye actively aided his co-conspirators by using aliases to receive fraudulently obtained proceeds and enriched himself in the process. My office will continue to prosecute those who participate in internet-based fraud schemes in any capacity.”

“Mr. Kuye admitted to laundering money obtained from various online fraudulent schemes which can be devastating to businesses and individuals who fall prey to them,” said Tomas J. Sobocinski, Special Agent in Charge of the FBI Baltimore Field Office. “He also knowingly engaged in criminal money laundering activities, serving as a Money Mule. Money Mules assist these type of fraud schemes by receiving money from victims and forwarding proceeds to other criminals or even foreign-based perpetrators. This prosecution sends a message to all who are engaged in money mule activity that they will be caught and prosecuted. We also remind the public if you believe you have been the victim of a scam, please report it to the FBI at IC3.gov.”

This case was investigated by FBI-Baltimore Division’s Wilmington Resident Office. This case is being prosecuted by Assistant U.S. Attorney Jesse S. Wenger and Trial Attorneys Mary K. Daly and Alejandra Arias of the Criminal Division’s Money Laundering and Asset Recovery Section.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 20-cr-57-CFC.

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Department of Justice Press Releases

San Antonio Man Sentenced to Federal Prison for Covid Hoax

by Press Release October 4, 2021

By: Press Release

SAN ANTONIO – A San Antonio man was sentenced today to 15 months in prison for perpetrating a hoax related to COVID-19 in April 2020.

According to court records, a federal jury found Christopher Charles Perez, aka Christopher Robbins, 40, guilty of two counts of 18 U.S.C. § 1038, which criminalizes false information and hoaxes related to biological weapons.

Evidence presented during trial revealed that Perez posted two threatening messages on Facebook in which he claimed to have paid someone who was infected with COVID-19 to lick items at grocery stores in the San Antonio area to scare people away from visiting the stores. On April 5, 2020, a screenshot of the initial posting was sent by an online tip to the Southwest Texas Fusion Center (SWTFC), which then contacted the FBI office in San Antonio for further investigation. The threat was false. Perez did not pay someone to intentionally spread coronavirus at grocery stores, according to investigators and Perez’s own admissions.

In addition to the sentence, Perez was ordered to pay a $1,000 fine.

“Trying to scare people with the threat of spreading dangerous diseases is no joking matter,” said U.S. Attorney Ashley C. Hoff. “This office takes seriously threats to harm the community and will prosecute them to the full extent of the law.”

“Those who would threaten to use COVID-19 as a weapon against others will be held accountable for their actions, even if the threat was a hoax,” said FBI San Antonio Division Special Agent in Charge Christopher Combs. “Perez’s actions were knowingly designed to spread fear and panic and today’s sentencing illustrates the seriousness of this crime. The FBI would like to thank our law enforcement partners for their help in this case.”

The FBI’s Joint Terrorism Task Force, along with Weapons of Mass Destruction personnel, conducted this investigation. Assistant U.S. Attorneys William R. Harris, Kelly Stephenson and Mark Roomberg prosecuted the case.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus

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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Department of Justice Press Releases

Former Operations Supervisor at Social Security Administration Sentenced to Over 5 Years for Wire Fraud and Identity Theft

by Press Release October 4, 2021

By: Press Release

NEW BERN, N.C. – A Saint Pauls, North Carolina woman, Stephanie Chavis, was sentenced today to 65 months in prison and three years of supervised release for wire fraud and aggravated identity theft. Chavis was also ordered to pay $760,966 in restitution to the Social Security Administration. On April 16, 2019, Chavis pled guilty to the charges.

According to court documents and other information presented in court, Chavis was an Operations Supervisor at the Fayetteville offices of the Social Security Administration (SSA). SSA administers monetary aid to the public through federally funded programs, including the Supplemental Security Income program (SSI), which authorizes monthly payments to qualifying individuals who are 65 years or older, blind, or disabled, and who meet certain income and resource criteria.

In her capacity as an Operations Supervisor, Chavis had access to SSA beneficiary accounts and associated personal identifying information (PII). Between approximately August 2010 and April 2018, Chavis caused over $760,000 in SSI benefits to be electronically deposited into nine different bank accounts held in her name, and in the names of various family members, by making false and fraudulent representations to fellow SSA employees, including claims representatives and other supervisors. The investigation established that Chavis used her government-issued PIN number to query the accounts of approximately 62 program beneficiaries and used their PII to generate the fraudulent payment requests. The beneficiaries targeted by Chavis included incarcerated individuals who were not entitled to payments, individuals who had been suspended or terminated from the SSI program, and beneficiaries who were legitimately owed SSI funds.

To circumvent SSA policy requirements, Chavis provided the beneficiary PII and account information for deposit purposes to unsuspecting claims representatives and asked them to create approximately 100 fraudulent payment requests. After the requests were created, Chavis either approved them herself or asked other SSA employees to process the approvals. Thereafter, the stolen funds were deposited into the bank accounts under Chavis’s control.

“Ms. Chavis misused her official position and authority in the Social Security Administration to steal over $760,000 in taxpayer funds. I am gratified that a review by the SSA OIG audit office flagged this activity to OIG investigators as potential fraud,” said Gail S. Ennis, Inspector General for the Social Security Administration. “We will continue to identify and aggressively pursue any instances of employee fraud and hold wrongdoers to account. These efforts are critical to maintaining the public’s trust in Social Security. I want to thank the U.S. Attorney’s Office for its support of our investigation and efforts to bring it to a successful resolution.”

G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The case was investigated by Social Security Administration, Office of Inspector General, Atlanta Field Division, under the supervision of Special Agent in Charge Rodregas W. Owens. Former Special Assistant U.S. Attorney Tamika Moses and Assistant U.S. Attorney Adam F. Hulbig prosecuted the case for the government.

Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:18-cr-00407-FL-1.

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Department of Justice Press Releases

New York Woman Admits Entering Sham Marriage in Immigration Fraud Case

by Press Release October 4, 2021

By: Press Release

Leonard C Boyle, Acting United States Attorney for the District of Connecticut, today announced that on October 1, 2021, AUDREY BONET JOHNSON, 34, of Brooklyn, New York, pleaded guilty in New Haven federal court to conspiracy to commit immigration marriage fraud.

According to court documents and statements made in court, on March 1, 2012, Johnson, a U.S. citizen, and Shanon St. Aubyn Stephenson, a citizen of Jamaica, entered into a fraudulent marriage. Shortly thereafter, Johnson and Stephenson applied to the U.S. Citizenship and Immigration Service (“USCIS) for Stephenson to become a lawful permanent resident of the U.S., often called a “green card.” Following an interview with the USCIS in 2012, Stephenson was issued a temporary, two-year green card. In subsequent submissions and statements to the USCIS, Johnson and Stephenson claimed to be married and living together in Brooklyn, New York. In fact, Stephenson married Jodian Stephenson, also known as Jodian Gordon, in 2010, and lived with her, and not Johnson, in Bridgeport, Connecticut.

Johnson is scheduled to be sentenced by U.S. District Judge Michael P. Shea in Hartford on January 4, 2022, at which time she faces a maximum term of imprisonment of five years.

This investigation revealed that Jodian Stephenson, a citizen of Jamaica, operated Stephenson Immigration and Legal Services, LLC, in Bridgeport. Between 2011 and 2017, she conspired with others to arrange 28 sham marriages between U.S. citizens and non-citizens residing in the U.S. for the purpose of the non-citizens’ applying for and obtaining green cards. One of the sham marriages was between Johnson and Shanon Stephenson, and another was between Jodian Stephenson and a U.S. citizen. Jodian Stephenson typically found and introduced a U.S. citizen to be the non-citizen’s purported spouse and helped the couple obtain a marriage license. She also organized the marriage ceremony and celebration, coached the couple on how to make their marriage appear to be genuine despite their neither living together nor otherwise intending to remain actually married, and prepared and helped submit several immigration documents needed as part of the non-citizen’s green card application. Jodian Stephenson typically charged between $17,000 and $20,000 to complete this process for a non-citizen, and the citizen spouse received between $2,000 and $4,000 for his or her participation.

Jodian Stephenson and Shanon Stephenson each previously pleaded guilty to conspiracy to commit immigration marriage fraud. On August 26, 2021, Jodian Stephenson was sentenced to six months of imprisonment. Shanon Stephenson awaits sentencing.

A total of 10 individuals were charged as a result of this investigation, and all pleaded guilty. Removal proceedings have been or are being commenced against all individuals whose green card applications were found to have been based on sham marriages.

This investigation has been conducted by Homeland Security Investigations (HSI) and the U.S. Citizenship and Immigration Service’s Office of Fraud Detection and National Security. The case is being prosecuted by Assistant U.S. Attorney Henry K. Kopel.

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Department of Justice Press Releases

Florida Man Pleads Guilty to Assault on Law Enforcement During Jan. 6 Capitol Breach

by Press Release October 4, 2021

By: Press Release

A Florida man pleaded guilty today to assaulting law enforcement with dangerous weapons during the breach of the U.S. Capitol on Jan. 6, which disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes related to the presidential election.

According to court documents, Robert Scott Palmer, 54, of Largo, was among rioters outside the U.S. Capitol on the afternoon of Jan. 6. At approximately 4:53 p.m., he was standing near the archway leading from the lower west terrace to the interior of the Capitol. While there, he threw a wooden plank at U.S. Capitol Police (USCP) and Metropolitan Police Department (MPD) officers protecting the lower west terrace entrance. Approximately two minutes later, he was at the front line of rioters confronting the officers located within the lower west terrace archway. At this time, Palmer sprayed the contents of a fire extinguisher at the officers until it was empty. He then threw the fire extinguisher at the officers.

Although no specific injury was tied to this conduct, based on the size and weight of the plank and fire extinguisher, and the speed and force with which Palmer threw them, the objects were capable of inflicting serious bodily injury.

Palmer was arrested in Florida on March 17, and is scheduled to be sentenced on Dec. 17 at 12:30 p.m. He faces a statutory maximum penalty of up to 20 years in prison and a $250,000 fine for assaulting, resisting, or impeding officers using a dangerous weapon. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Middle District of Florida.

The case is being investigated by the FBI’s Tampa and Washington Field Offices, with assistance from the U.S. Capitol Police and Washington, D.C. Metropolitan Police Department. The FBI’s Washington Field Office identified Palmer as #246 in its seeking information photos.

In the eight months since Jan. 6, more than 600 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including at least 185 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

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Department of Justice Press Releases

Wayne County Man Charged With Enticement Of A Minor

by Press Release October 4, 2021

By: Press Release

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 1, 2021, Michael Jacob Walczyk, age 41, of Beach Lake, Pennsylvania, was charged by a criminal information with enticement of a minor.

According to Acting United States Attorney Bruce D. Brandler, the information alleges that between July 10, 2019 and September 2020, Walczyk knowingly persuaded, induced, enticed, and coerced a victim under the age of 18 to engage in sexual activity for the purposes of producing child [censored]ography.

The case was investigated by the Federal Bureau of Investigation (FBI). Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

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

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.

The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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Department of Justice Press Releases

Felon Who Possessed Multiple Firearms Sentenced to Over Nine Years in Prison

by Press Release October 4, 2021

By: Press Release

A man who possessed five firearms as a felon was sentenced today to more than nine years in federal prison.

Demond Rollins, age 21, from Waterloo, Iowa, received the prison term after an April 19, 2021 guilty plea to being a felon in possession of a firearm.

Evidence in the case showed Rollins was in possession of a firearm as a passenger in a vehicle. When police initiated a traffic stop, the vehicle fled at a high rate of speed through Waterloo. Rollins tossed a firearm out of the car window and then ran from police when the vehicle stopped. Rollins has two prior state court convictions for being a felon in possession of firearms.

Rollins was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Rollins was sentenced to 110 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.

This case was brought as part of Project Safe Neighborhoods (PSN). PSN is 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.

Rollins is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case is being prosecuted by Assistant United States Attorneys Lisa C. Williams and Jacob Schunk and was investigated by a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation, and Bureau of Alcohol Tobacco and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.

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The case file number is 21-CR-2009.

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Department of Justice Press Releases

Charleston Man Sentenced to 10 Years in Federal Prison for Methamphetamine Distribution

by Press Release October 4, 2021

By: Press Release

CHARLESTON, W.Va. – Dante Williams, 24, of Charleston, was sentenced to 120 months in federal prison for distribution of 50 grams or more of methamphetamine.

According to court documents, Williams sold two ounces of methamphetamine to a confidential informant on January 14, 2021. Williams arranged to first meet the informant in the parking lot of the Family Dollar store on Charleston’s West Side, but then directed the informant to follow him to Swinburn Street where the transaction took place. Williams also admitted that he fronted the informant an additional two ounces of methamphetamine for which Williams would be paid later.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Charleston Police Department, the Metropolitan Drug Enforcement Network Team (MDENT), the U.S. Marshals Service and the West Virginia State Police.

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Monica Coleman handled the prosecution.

The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.

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-00032 (Williams, et al.).

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Department of Justice Press Releases

Point Pleasant Man Sentenced to 10 Years in Prison for Child Sex Trafficking Offense

by Press Release October 4, 2021

By: Press Release

CHARLESTON, W.Va. – A Point Pleasant man was sentenced today to 10 years in prison for attempted sex trafficking of a minor. Dale Randall McCarthy, Jr., 51, pleaded guilty to the offense in May 2021.

According to the plea agreement and statements made in court, McCarthy admitted that on August 8, 2020, he agreed with a man he met online to pay $100 to have sex with a 14-year-old girl that would be supplied by the other man. McCarthy met with the man at a motel in Dunbar and paid the man $40 up front for sex with the girl, with the remainder to be paid after the sexual activity. After paying the man $40, McCarthy was placed under arrest. McCarthy further admitted that he had previously used Craigslist to communicate with minors about meeting for sexual activity. In one such conversation, McCarthy admitted to requesting and receiving a sexually explicit image of a person who stated they were a minor.

Upon release from prison, McCarthy will be placed on federal supervised release for a period of 10 years and will be required to register as a sex offender.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the FBI Child Exploitation and Human Trafficking Task Force.

Senior United States District Judge John T. Copenhaver, Jr., imposed the sentence. Assistant United States Attorney Jennifer Rada Herrald handled the prosecution.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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Department of Justice Press Releases

Robber Who Donned Medical Masks During String of Heists that Targeted Pharmacies Sentenced to over Nine Years in Federal Prison

by Press Release October 4, 2021

By: Press Release

RIVERSIDE, California – A Riverside County man with a three-decade history of crimes was sentenced this afternoon to 110 months in federal prison for a month-long robbery spree of pharmacies in the Inland Empire while wearing medical masks.

David Anthony Battle, 50, of Moreno Valley, was sentenced by United States District Judge Jesus G. Bernal after pleading guilty on March 25 to six felony counts of interference with commerce by robbery (Hobbs Act robbery).

“In this case, [Battle] exploited a public health crisis by robbing essential businesses while concealing his face behind a medical mask,” prosecutors wrote in a sentencing memorandum filed with the court.

According to court documents, from July 6 through August 10, 2020, Battle robbed six pharmacies – Walgreens, CVS, and Rite Aid outlets – in Moreno Valley, Colton and San Bernardino. He also attempted to rob two other Moreno Valley pharmacies.

During each incident, Battle wore similar clothing – including medical masks covering his nose and mouth – and brandished what appeared to be a handgun, Battle admitted in court. He then demanded that money from the cash register be placed in a bag and handed over.

When he was arrested during an attempted robbery of a Moreno Valley Walgreens, Battle was carrying a black BB gun with labeled with “Glock” logos on the barrel and the grip, court documents state.

Battle netted $5,453 in illicit gains from the robberies, more than half of which came from a July 6 robbery of a Walgreens store in Moreno Valley.

Since 1989, Battle has sustained 46 felony convictions and has been sentenced to a total of 66 years of incarceration, “and his history shows that he has been incapable of rehabilitation,” according to the sentencing memo. Prosecutors noted that Battle previously has been found guilty of violent crimes, including a 1994 conviction for false imprisonment by violence while impersonating an officer – one of seven convictions where his conduct involved impersonating a police officer or fire official.

“Although he gained thousands of dollars through his robberies, the traumatic impact of [Battle]’s crimes is much more consequential than his selfish monetary gains,” according to the sentencing memo. “Indeed, though it is impossible to quantify the true psychological and mental harms caused by [his] crimes – the medical expenses for just two of the victims has already reached $29,000. That amount reflects a fraction of the harm the victims have suffered.”

The FBI, the Riverside County Sheriff’s Department, the San Bernardino Police Department, and the Colton Police Department investigated this matter.

Assistant United States Attorney Peter H. Dahlquist of the Riverside Branch Office prosecuted this case.

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Department of Justice Press Releases

Former Director of Operations at Stockton Biofuel Company Sentenced to 18 Months in Prison for Illegally Dumping Industrial Wastewater

by Press Release October 4, 2021

By: Press Release

SACRAMENTO, Calif. — Christopher Young, 45, of El Dorado Hills, was sentenced today by U.S. District Judge Kimberly J. Mueller to 18 months in prison and a $50,000 fine for tampering with monitoring equipment, unlawful discharge of industrial wastewater, and conspiracy, Acting U.S. Attorney Phillip A. Talbert announced.

Young was Director of Operations for Community Fuels from 2010 to 2016. Community Fuels is registered in San Joaquin County by American Biodiesel Inc. and manufactured biodiesel fuel on property leased from the Port of Stockton

According to court documents, Young participated in a scheme to discharge hundreds of thousands of gallons of polluted wastewater by various unlawful means, including the discharge of wastewater directly into Stockton’s sewer system after tampering with pH sensors and discharge flow monitors to hide evidence of the dumping. Young also directed others to cause a discharge on various dates using improvised hidden hoses and pipes that ultimately connected to the city’s sewer system.

The City of Stockton issued wastewater permits to American Biodiesel that allowed the limited discharge of wastewater into the sewer system under specific standards—a limitation on the total volume discharged per month, an allowable range of pH readings, and a restriction on the concentration of methanol. American Biodiesel had previously represented to the City of Stockton that unpermitted wastewater would be transported offsite to an appropriate facility for treatment. Young’s actions circumvented these restrictions through equipment tampering and unauthorized dumping.

In one instance in 2016, the City of Stockton conducted a surprise inspection and found plant personnel engaged in a procedure that misreported the pH level data and the flow rate of wastewater being discharged into the Stockton sewer system. The City issued an immediate cease and desist order. Young then met with the city inspectors and told them that the discharge was an accident and employees had been disciplined for the act. But later, Young sent an email instructing an employee to restart the wastewater dumping into the sewer because inspectors were unlikely to appear after hours.

“Violating the environmental laws of the United States can carry criminal consequences, potentially including time in prison,” said Acting U.S. Attorney Talbert. “Protecting the environment for our community and future generations is critical, and those who violate our environmental laws will be held accountable.”

“Our nation’s environmental laws are designed to protect our communities, natural resources, and critical infrastructure from hazardous pollutants,” said Special Agent in Charge Scot Adair of EPA’s criminal investigation program in California. “The sentencing outcomes in this case demonstrate that companies and individuals that intentionally violate those laws will be held responsible for their crimes.”

On July 8, 2019, Judge Mueller sentenced American Biodiesel for violations of the Clean Water Act when it allowed the discharge of industrial wastewater into the City of Stockton sewer system. American Biodiesel admitted to tampering with monitoring devices and methods designed to detect such violations, and admitted that employees tampered with pH recordings and flow meters for the purpose of underreporting acid and pollutant levels and volumes that would have exceeded the figures allowed under the city’s regulations.

This case was the product of an investigation by the EPA’s Criminal Investigation Division, the San Joaquin County District Attorney’s Office, the City of Stockton Municipal Utilities Department, the San Joaquin County Environmental Health Department, the Port of Stockton, and the California Department of Toxic Substances Control. Assistant U.S. Attorneys Philip A. Scarborough and Paul Hemesath prosecuted the case.

https://www.justice.gov/disaster-fraud/video/psa-national-center-disaster-fraud

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Department of Justice Press Releases

Fresno Man Sentenced to 6.5 Years in Prison for Dealing Fentanyl Pills and Illegally Possessing Firearm

by Press Release October 4, 2021

By: Press Release

FRESNO, Calif. — Morgan Wency Ventura Sanchez, 24, of Fresno, was sentenced today to six years and six months in prison for possessing hundreds of fentanyl pills with intent to distribute them and illegally possessing a firearm in furtherance of the offense, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, in August 2020 federal and local law enforcement officers were investigating Ventura Sanchez for dealing fentanyl pills. On Aug. 24, 2020, officers searched Ventura Sanchez’s car, person, and residence and found hundreds of fentanyl pills, as well as other controlled substances, including heroin, cocaine, and marijuana. Officers also found a loaded firearm close to Ventura Sanchez’s drug stash. Ventura Sanchez was arrested and pleaded guilty to federal drug and gun charges.

This case was the product of an investigation by the Fentanyl Overdose Resolution Team, a multi‑agency team composed of Homeland Security Investigations, the Drug Enforcement Administration, and the Fresno Police Department. Assistant U.S. Attorney Justin J. Gilio prosecuted the case.

This case is part of Operation Synthetic Opioid Surge (S.O.S.) a program designed to reduce the supply of deadly synthetic opioids in high impact areas as well as identifying wholesale distribution networks and international and domestic suppliers. In July 2018, the Justice Department announced the creation of S.O.S., which is being implemented in the Eastern District of California and nine other federal districts.

This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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.

https://www.justice.gov/disaster-fraud/video/psa-national-center-disaster-fraud

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Department of Justice Press Releases

Pierre Man Sentenced for Conspiracy to Distribute Meth

by Press Release October 4, 2021

By: Press Release

Acting United States Attorney Dennis R. Holmes announced that a Pierre, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on October 4, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Daniel James Boe, age 36, was sentenced to 37 months in federal prison, followed by 3 years of supervised release, $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.

Boe was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on December 8. 2020. He pled guilty on July 15, 2021.

Beginning in January of 2017, Boe was involved in a conspiracy to distribute methamphetamine in and around the Pierre area and central South Dakota. Boe was involved with the distribution of 200-350 grams of methamphetamine.

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan Dilges prosecuted the case.

Boe was immediately turned over to the custody of the U.S. Marshals Service.

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Department of Justice Press Releases

Port Angeles, Washington, man sentenced to home confinement, probation for assaulting helicopter crew with high-powered laser

by Press Release October 4, 2021

By: Press Release

Tacoma – A 36-year-old Port Angeles, Washington, man pleaded guilty and was sentenced this morning to probation and home confinement in connection with a September 26, 2016, laser pointer strike on a U.S. Coast Guard helicopter, announced Acting U.S. Attorney Tessa M. Gorman. Randall Muck pleaded guilty to misdemeanor assault on a federal officer. U.S. District Judge Benjamin H. Settle told Muck, “What you did was extremely reckless, even if you didn’t intend to strike the helicopter.” Judge Settle ordered Muck to be on 90 days home confinement with electronic monitoring as part of his one-year period of probation.

Muck was indicted in May 2019, charged with aiming a laser pointer at an aircraft and making false statements to government agents. In pleading guilty to assault on a federal agent, Muck admitted that on the evening of September 26, 2016, he pointed a high-powered laser beam at a Coast Guard helicopter. According to reports of the incident, the MH-65 Dolphin helicopter was descending when it was hit by a laser that originated near Fourth and Hill Streets in Port Angeles. Laser light can cause temporary loss of vision and force an air crew to abort its mission. In this incident, no one suffered permanent damage, but the crew had to return to base and be assessed medically before returning to duty. In the sentencing memo, prosecutors noted that because the helicopter crew was grounded for a time, the region was without a local emergency response helicopter crew.

Sentencing documents reveal Muck was identified as a suspect, when coworkers reported he had been bragging about the incident at work. Later when Muck learned of the criminal investigation, he made statements that co-workers should not report his involvement to law enforcement, or he would retaliate. Muck is no longer employed by that company.

The case was investigated by U.S. Coast Guard Investigative Service and the FBI. The case was prosecuted by Assistant United States Attorneys Grady Leupold and Erika Evans.

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Department of Justice Press Releases

Indian River County Armed Drug Trafficker Sentenced to Federal Prison Term

by Press Release October 4, 2021

By: Press Release

Miami, Florida – Today, a South Florida federal district judge sentenced a Vero Beach drug dealer who drove around town with fentanyl, a loaded semi-automatic firearm, and tens of thousands of dollars in cash to 106 months in federal prison.

On February 23, 2020, law enforcement officers arrested 34-year-old Burnell Heiges Emlet, III, after finding him slumped over the steering wheel of a car that was sitting at a stop light. With him inside car, Emlet had a loaded semi-automatic firearm with a large capacity magazine, as well as 76 prepacked baggies of fentanyl. Emlet was charged with state crimes and released on bond. Officers arrested Emlet again on May 22, 2020, following a traffic stop. This time, Emlet had 1,700 prepackaged baggies of fentanyl and more than $55,000 in cash with him inside the car. After this arrest, Emlet’s state bond was revoked.

In 2021, a federal grand jury in the Southern District of Florida charged Emlet with federal gun and drug trafficking crimes relating to the February 2020 arrest. A federal magistrate judge ordered him detained pre-trial, without bond. On July 15, 2021, Emlet pled guilty in federal district court to possessing with intent to distribute fentanyl and possessing a firearm in furtherance of a drug trafficking crime. U.S. District Judge Donald M. Middlebrooks imposed today’s sentence.

Juan Antonio Gonzalez, Acting U.S. Attorney for the Southern District of Florida; La Verne J. Hibbert; Acting Special Agent in Charge, Drug Enforcement Administration, Miami Field Division; and David E. Currey, Chief of Police, Vero Beach Police Department, announced the sentence.

DEA Miami and Vero Beach PD investigated this case. Assistant U.S. Attorney Michael D. Porter prosecuted it.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 21-cr-14012.

###

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Department of Justice Press Releases

Thibodaux Man Sentenced to 24 Months in Prison for Violations 0f the Federal Gun Control Act

by Press Release October 4, 2021

By: Press Release

NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced that DONOVAN DIRON JOHNSON (“JOHNSON”), age 27, of Thibodaux, Louisiana was sentenced to imprisonment on September 29, 2021 in federal court before U.S. District Court Judge Jay C. Zainey for being a person convicted of a misdemeanor crime of domestic violence found in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(9).

According to court documents, on February 1, 2017, JOHNSON was found in possession of a Glock Model 22, .40 caliber pistol with an extended magazine.

Judge Zainey sentenced JOHNSON to 24 months imprisonment, 3 years of supervised release, and a $100 mandatory special assessment fee.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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.

The U.S. Attorney’s Office praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Thibodaux Police Department.

The prosecution of the case was handled by Assistant U.S. Attorney Kathryn McHugh.

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Department of Justice Press Releases

Kansas Man Sentenced to Three Years in Prison for Engaging in $900,000 Foreign Currency Ponzi Scheme

by Press Release October 4, 2021

By: Press Release

NEWARK, N.J. – A Kansas man who executed an elaborate foreign currency Ponzi scheme that took in more than $900,000 from investors was sentenced today to 36 months in prison, Acting U.S. Attorney Rachael Honig announced.

Thomas Lanzana, 54, of Wichita, Kansas, previously pleaded guilty before U.S. District Judge John Michael Vazquez to Count One of an indictment charging him with wire fraud. Judge Vazquez imposed the sentence today in Newark federal court.

According to documents filed in this case and statements made in court:

Lanzana fraudulently solicited approximately $900,000 from at least 20 customers to invest in what he claimed were highly successful, algorithm-based trading pools in foreign currency derivatives (“forex”) and other financial instruments.

To maintain the victims’ trust, Lanzana sent false account statements to his customers, posted false monthly account statements to his companies’ websites showing balances and trading activity for forex trading accounts that did not exist, and generated and sent false tax documents to customers reporting earnings that did not exist.

Lanzana misappropriated hundreds of thousands of dollars in investor funds, using some to repay earlier investors in the manner of a Ponzi scheme, and to pay for his personal expenses, including purchases on Amazon.com, payments to a luxury car dealer and a jewelry retailer, and golf expenses.

In addition to the prison term, Judge Vazquez sentenced Lanzana to three years of supervised release.

Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr., and special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark, with the investigation leading to today’s sentencing. She also thanked the U.S. Commodity Futures Trading Commission’s Division of Enforcement for its assistance.

The government is represented by Assistant U.S. Attorney Anthony P. Torntore of the U.S. Attorney’s Office’s Cybercrime Unit.

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Murphy administration targets businesses who ask job applicants about their criminal history

by Press Release October 4, 2021

By: Press Release

TRENTON – Acting Attorney General Andrew J. Bruck and Commissioner of the Department of Labor and Workforce Development Robert Asaro-Angelo announced today that fifteen companies have agreed to stop including language about applicants’ criminal history in their job advertisements and/or make other changes to their hiring practices, following an enforcement sweep under New Jersey’s Opportunity to Compete Act or “ban the box” law.

The Opportunity to Compete Act reduces obstacles to employment for people with criminal records by, among other things, barring covered employers from making inquiries regarding a candidate’s criminal history during the initial employment application process and prohibiting them from stating in job advertisements that candidates will not be considered if they have criminal records.

The actions being announced today are part of the largest-ever enforcement sweep under the Opportunity to Compete Act and reflect the Murphy Administration’s commitment to eradicating racial disparities that have been allowed to exist for too long. People of color make up less than half the state’s population but more than three-quarters of its prison population. Because of such racial disparities in the criminal justice system, restrictions on job opportunities for those with criminal histories can fall disproportionately on people of color.

“Here in New Jersey, we believe that a criminal record shouldn’t be a permanent barrier to employment, and that once you’ve paid your debt to society, you’re entitled to a fair shake when looking for work,” said Acting Attorney General Bruck. “With the enforcement sweep we’re announcing today, we’re sending a clear message to employers that they need to comply with the law, so that people with criminal records can reintegrate into the community, join the workforce, and provide for themselves and their families.”

“Once a person has completed their sentence and has returned to their community, it is incumbent upon us to remove barriers to employment, and to provide job training and career support,” added Commissioner Asaro-Angelo. “Research has shown that a steady job is a strong deterrent to recidivism, and without meaningful work, individuals with prior justice system involvement often recidivate.”

The Opportunity to Compete Act is designed to aid persons with criminal histories to reintegrate into the community, become productive members of the workforce, and provide for their families and themselves.

The law generally prohibits employers from requiring that a job applicant complete any form during the initial application process that asks about their criminal record. It also prohibits an employer from making any oral or written inquiry regarding an applicant’s criminal record during the initial employment application process, which ends when the employer has conducted a first interview.

In addition, the law bars employers from soliciting applicants for jobs through advertising that says the employer will not consider anyone who has a criminal record, with certain exceptions (e.g., where the employment sought or being considered is for a position where a criminal background check is required by law).

Three of the fifteen companies reaching agreements with the State entered into Assurances of Voluntary Compliance after the Department of Labor and Workforce Development found them to have violated the Opportunity to Compete Act and issued them Notices of Violation. All were found to have violated the law’s ban on the use of language in employment advertising that explicitly states that the employer will not consider an applicant who has been arrested or convicted of one or more crimes or offenses.

The companies entering into Assurances of Voluntary Compliance are:

Under the agreements with the three companies, they must immediately cease any employment advertising that excludes applicants with criminal backgrounds, adopt written policies that are fully compliant with the OTCA, and pay penalties.

Each of the three companies was initially assessed a $1,000 penalty, which was reduced to $250 in light of their good faith cooperation with the investigation and pledges of future compliance. In each case, the unlawful advertising posted by the three employers will be considered a “first violation” and taken into account in setting penalties should any future violations occur.

In addition to the three companies entering into Assurances of Voluntary Compliance after being found in violation of the law, a dozen more companies have agreed to change their job advertising practices without any finding of wrongdoing by them.

Ten of the twelve employers have agreed to eliminate language concerning applicants’ criminal history from their job advertisements going forward, and two have agreed to include explicit explanations of applicable background check requirements. Additionally, one of the twelve companies has agreed to modify their online job application form in use.

These changes to the companies’ job advertisements are designed to reduce the likelihood that individuals with criminal histories will be deterred from applying for employment.

Director of the Division of Wage and Hour Enforcement David Biglin handled this matter for the Department of Labor and Workforce Development. Assistant Attorney General Mayur P. Saxena, Section Chief Peter A. Basso, and Deputy Attorneys General Mary E. Kenah and John-Paul Proctor of the Affirmative Civil Rights and Labor Enforcement Section in the Division of Law’s Affirmative Civil Enforcement Practice Group represented the Department of Labor and Workforce Development in this matter.

October 4, 2021 0 comments

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Five Essex County Gas Stations Agree to Pirce Gouging Settlement

by Press Release October 4, 2021

By: Press Release

NEWARK – Acting Attorney General Andrew J. Bruck today announced that the Division of Consumer Affairs has reached a settlement agreement for more than $138,000 involving five Essex County gas stations that were found to be overcharging consumers, including by selling regular fuel as premium.

The agreement resolves the investigation led by the Division’s Office of Weights and Measures and Office of Consumer Protection into violations of multiple New Jersey consumer protection laws and regulations following unannounced fuel quality inspections at several gas stations.

In addition to making a monetary payment, K.P. Fuel Corp., BK Fuel, Inc., DS Fuel Corp., Millennium Fuel, Inc., and Harb and Parm, Inc. d/b/a Power Services Center, and their owner Sukhdev Singh of Belleville, have agreed to display the accurate price of any motor fuel they offer or sell and not to misrepresent one grade of fuel as another.

“New Jersey drivers should be able to fill their gas tanks without getting taken for a ride,” said Acting Attorney General Bruck. “Gas stations are on notice that we won’t stand for them cheating their customers.” The sale of regular gas as premium not only causes consumers to overpay but also threatens damage to their vehicles.

The majority of cars on the road today run on regular gas, but some vehicles require premium, which contains higher levels of octane and typically costs about 50 cents more per gallon. Regular gasoline in a vehicle designed to use premium can self-ignite. This can lead to a persistent knocking sound in the engine and, in severe cases, can cause significant engine damage such as broken connecting rods, melted pistons, or other damaged components.

“Whether consumers choose regular or premium gasoline for their vehicles, we want them to know that our office is committed to ensure that they get what they pay for at the pump,” said Acting Director of Consumer Affairs Sean P. Neafsey. “I applaud the Office of Weights and Measures for their diligent fuel quality inspections and everyone responsible for implementing greater accountability.”

The Division conducted its inspections between July 31, 2019 and September 25, 2020.

Its investigation concerned violations of the Consumer Fraud Act; the Weights and Measures Act; the Motor Fuels Act; the Regulations Governing the Retail Sale of Motor Fuels; and the Scales, Instruments and Devices Regulations.

The respondent gas stations are:

Under the terms of the Consent Order, the respondents also agreed to maintain weighing and measuring devices in proper operating condition at the gas stations, to exhibit all required documentation for inspection and examination, and to comply with all state and federal laws and regulations.

The total settlement of over $138,000 includes $114,200 in civil penalties and $24,319 in investigative costs and attorneys’ fees. Under the terms of the Order, $27,519 in civil penalties are suspended and will be automatically vacated after one year if the respondents comply with the terms of the Order. Deputy Attorney General Jeffrey Koziar of the Consumer Fraud Prosecution Section within the Division of Law’s Affirmative Civil Enforcement Practice Group represented the State in the matter. Supervisor James Wilton from the Office of Weights and Measures and Investigator Roger Hines of the Office of Consumer Protection within the Division of Consumer Affairs conducted the investigation. Inspector Bryan Thomson from the Office of Weights and Measures was responsible for identifying the octane deficiencies and gathering documentation for the investigation.

Consumers who believe they have been cheated or scammed by a business, or suspect any other form of consumer abuse, can file an online complaint with the Division of Consumer Affairs by visiting its website or by calling 1-800-242-5846 to receive a complaint form by mail.

***

The mission of the Division of Consumer Affairs, within the Department of Law and Public Safety, is to protect the public from fraud, deceit, misrepresentation and professional misconduct in the sale of goods and services in New Jersey through education, advocacy, regulation and enforcement. The Division pursues its mission through its 51 professional and occupational boards that oversee 720,000 licensees in the state, its Regulated Business section that oversees 60,000 NJ registered businesses, as well as through its Office of Consumer Protection, Bureau of Securities, Charities Registration section, Office of Weights and Measures, and Legalized Games of Chance section.

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AG Investigating After Suspect Died in Paterson Police Custody

by Press Release October 4, 2021

By: Press Release

Paterson, N.J. – The Attorney General’s Office is investigating the death of a man who was the subject of a police response yesterday in Paterson, N.J. The identity of the decedent is not being released at this time.

At approximately 5:26 p.m. yesterday, Oct. 2, the Paterson Police Department received multiple 911 calls from the 600 block of Madison Avenue Paterson, N.J., regarding a man walking on the roofs and attempting to break into homes. Officers of the Paterson Police Department and medical personnel responded to the area of 620 Madison Ave. and encountered a man who appeared injured at the exterior rear of the residence. Two officers of the Paterson Police Department attempted to aid the injured man. The man was agitated and officers briefly handcuffed him to permit them to secure him and get him onto a stretcher. Medical and police personnel placed the man on the stretcher and he was taken to St. Joseph’s University Medical Center, where he was pronounced deceased at 6:22 p.m.

This investigation is being conducted pursuant to Attorney General Directive 2019-4, which implements the statutory requirement that the Attorney General’s Office conduct the investigation of any death that occurs during an encounter with a law enforcement officer acting in the officer’s official capacity or while the decedent is in custody, and which establishes clear standards and procedures for conducting such investigations.

The investigation is ongoing and no further information is being released at this time.

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Division of Highway Traffic Safety’s “Design Your Own Destiny” Art Contest to Raise Awareness of Distracted Driving

by Press Release October 4, 2021

By: Press Release

NEW JERSEY – Acting Attorney General Andrew J. Bruck and the Division of Highway Traffic Safety (“HTS”) today announced a statewide art contest for adults and teens to promote its ongoing “Take Control of Your Destiny” distracted driving public awareness campaign. Winners will have their art displayed on HTS’s social media channels as part of the campaign.

The “Design Your Own Destiny” contest, which begins today, invites New Jersey residents ages 15 and up to create their own version of the colorful steering wheels showcased in the innovative “Take Control of Your Destiny” campaign that launched in April 2021. The wheels, which depict life milestones like graduation, marriage, and pursuing creative and professional interests, are accompanied by the tagline “You Have Places to Go. Don’t Drive Distracted.”

Since its launch, the campaign’s message has reached millions through print, digital, and radio advertisements.

“The Take Control of Your Destiny campaign has been hugely successful and we’re excited to invite the public to become part of it,” said Acting Attorney General Bruck. “The contest is a creative way to raise awareness of districted driving and engage drivers of all ages in the efforts to prevent fatalities on New Jersey roadways.”

The Department of Education is promoting the campaign in high schools throughout the state to help raise awareness among new and soon-to-be drivers of the dangers of distracted driving.

According to New Jersey State Police statistics, distracted driving was to blame for more than a quarter of the fatal crashes that occurred in New Jersey from 2015 through 2019, claiming the lives of 730 drivers, passengers, pedestrians, and bicyclists. During that same five-year period, more than half of all crashes in the state– both fatal and non-fatal – involved a distracted driver.

“The contest, like the campaign, is aimed at inspiring drivers to stay focused on what lies ahead – literally and figuratively – every time they get behind the wheel,” said Eric Heitmann, Director of the Division of Highway Traffic Safety. “Designing their own wheels will help drivers of all ages take stock of what matters most to them and encourage them to avoid risky behaviors– like driving distracted – that can bring a sudden and tragic end to those hopes and dreams.”

HTS will provide contestants with a steering wheel template (downloadable from the contest webpage) to design using crayons, paint, colored pencils, computer generated software, or any other medium they choose.

Deadline for contest submissions is December 1, 2021. There will be two winning steering wheel designs chosen from the following age groups:

Winners will be announced in January 2022, and the winning wheels will be posted on the HTS’s Facebook, Twitter, and Instagram social media pages, along with the corresponding winner’s name and hometown.

For more information, including a complete list of contest rules and information on how to submit entries, go to www.njsaferoads.com and click on the Design Your Own Destiny contest link.

October 4, 2021 0 comments

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Leader of New Jersey criminal burglary ring indicted

by Press Release October 4, 2021

By: Press Release

TRENTON – Acting Attorney General Andrew J. Bruck today announced the indictment of a man who is charged with leading a criminal ring responsible for numerous residential burglaries across much of New Jersey.

The Division of Criminal Justice Specialized Crimes Bureau obtained a state grand jury indictment yesterday, Sept. 29, charging Keith Perry, 38, of Teaneck, N.J., with the following offenses:

Perry was arrested in April 2021 in a far-reaching investigation in which numerous law enforcement agencies collaborated to investigate 84 burglaries committed from October 2020 through March 2021 in nine counties in New Jersey—Morris, Bergen, Essex, Somerset, Hunterdon, Union, Passaic, Monmouth, and Middlesex—as well as lower New York State. Two ring members who were charged with Perry in April—Porsche Brown, 29, of Lodi, N.J., and Kay Brown, 23, of Paterson, N.J. (no relation to each other)—pleaded guilty on July 13 to third-degree burglary and are awaiting sentencing.

As detailed in the statement of probable cause in the criminal complaints filed in April, the burglaries involved a similar modus operandi and it is suspected that the same burglary ring was involved in each. The perpetrators forced entry through a doorway, usually in the afternoon or early evening, and stole cash, jewelry, and other valuables from the master bedroom and/or other areas of the residence. Well over half a million dollars in cash, jewelry, and other valuables were stolen in total in the 84 burglaries.

Perry is charged specifically in connection with 17 burglaries that occurred in Morris, Bergen, Essex, Somerset, Hunterdon, and Union Counties. In connection with the charge of burglary with a weapon, it is alleged that, during a burglary in Englewood on Dec. 23, 2020, the homeowner confronted Perry, who made a motion inside his sweatshirt as though he had a gun and said, “I’ll shoot you.”

The multi-agency investigation was led by the Division of Criminal Justice, New Jersey State Police, Verona Police Department, New Milford Police Department, and Teaneck Police Department, assisted by the Essex County Prosecutor’s Office, Somerset County Prosecutor’s Office, and the 40 additional municipal police departments listed below.

“Thanks to the collaborative work of dozens of law enforcement agencies, we stopped this prolific burglary ring and its alleged leader,” said Acting Attorney General Bruck. “Day in and day out, law enforcement in New Jersey demonstrates the power of working together cooperatively to solve crimes and keep our residents safe.”

“I commend all of the law enforcement agencies that partnered to stop this brazen burglary ring, which forced entry into homes in the afternoon and early evening, potentially putting residents in danger,” said Director Lyndsay V. Ruotolo of the Division of Criminal Justice. “Instead of local police investigating each burglary in isolation, we had more than 40 law enforcement agencies sharing intelligence and working as a team to eliminate this threat.”

“Every agency involved with this investigation understood that it was paramount that we identify and apprehend the members of this ring, because their willingness to commit these crimes while homeowners were present demonstrated that they were prepared to engage in confrontation, which could easily have escalated into violence,” said Colonel Patrick J. Callahan, Superintendent of the New Jersey State Police. “This investigation is an example of how the New Jersey law enforcement community can quickly band together and coordinate across multiple jurisdictions to dismantle a dangerous burglary ring.”

“This case highlighted the exceptional partnership shared among law enforcement agencies in New Jersey,” said Chief Christopher Kiernan of the Verona Police Department. “I must applaud Verona Detective TJ Conroy and Detective Lieutenant Timothy Banta who stayed with this case from the day of the Verona burglary in early December 2020, researching an enormous number of cases throughout the state, identifying similarities to Verona’s burglary, and breaking many leads. Their efforts and the teamwork of all of the participating agencies ultimately led to the arrests of individuals responsible for numerous burglaries throughout the state.”

The indictment is posted online at: Perry Indictment

Perry was arrested on April 30, 2021 in North Carolina by the U.S. Marshals Service Fugitive Task Force on a warrant obtained by the Division of Criminal Justice. He was extradited to New Jersey and is being detained pending trial in the Morris County Correctional Facility.

Deputy Attorney General Matthew Lafargue is prosecuting the case for the Division of Criminal Justice (DCJ) Specialized Crimes Bureau, under the supervision of Deputy Bureau Chief Jacqueline Smith, Bureau Chief Erik Daab, and DCJ Deputy Director Annmarie Taggart. Detectives Scott Caponi and Sang Han investigated for the Division of Criminal Justice, under the supervision of Deputy Chief of Detectives Robert Stemmer and Chief of Detectives Weldon Powell. DCJ Detective Shawn Gorlin, who is a member of the U.S. Marshals Service Fugitive Task Force, led the fugitive investigation.

Detective Sgt. Brian Kearns, Investigator Erica Benedetti, and Investigator Jessica Butt investigated for the New Jersey State Police.

Detective Thomas J Conroy III was lead detective on the case for the Verona Police Department, under the supervision of Lt. Tim Banta.

The investigation by the New Milford Police Department Detective Bureau was supervised and conducted by Lt. Kevin VanSanders, Detective Sgt. Nelson Perez, Detective Derek Mattessich, Detective Brian Carlino, and Officer Adam Conboy.

Detective Gabriel Santiago was lead detective for the Teaneck Detective Bureau.

Acting Attorney General Bruck thanked the U.S. Marshals Service Fugitive Task Force and all of the participating law enforcement agencies for their invaluable assistance.

In addition to the law enforcement agencies listed above, the following police departments participated in the collaborative investigation: Bedminster Police Department, Berkeley Heights Police Department, Bernardsville Police Department, Boonton Police Department, Bridgewater Police Department, Cedar Grove Police Department, Clarkstown (N.Y.) Police Department, Clinton Township Police Department, Englewood Police Department, Fairview Police Department, Glen Rock Police Department, Hackensack Police Department, Haledon Police Department, Harrington Park Police Department, Holmdel Police Department, Little Falls Police Department, Livingston Police Department, Madison Police Department, Manalapan Police Department, Marlboro Police Department, Milburn Police Department, Monroe Police Department, Montclair Police Department, Montville Police Department, North Caldwell Police Department, North Haledon Police Department, Northvale Police Department, Paramus Police Department, Parsippany-Troy Hills Police Department, Pearl River (N.Y.) Police Department, Randolph Police Department, Tenafly Police Department, Totowa Police Department, Warren Township Police Department, Washington Township Police Department (Bergen County), Watchung Police Department, Wayne Police Department, West Orange Police Department, Woodcliff Lake Police Department, and Wyckoff Police Department.

First-degree charges carry a sentence of 10 to 20 years in state prison and a fine of up to $200,000. Second-degree charges carry a sentence of five to 10 years in prison and a fine of up to $150,000, while third-degree charges carry a sentence of three to five years in prison and a fine of up to $15,000.

October 4, 2021 0 comments

New Jersey News Ocean County News Police Blotter

Two seniors found dead in targeted murder at the Jersey Shore

by Charlie Dwyer October 4, 2021

By: Charlie Dwyer

SURF CITY, NJ – Two people have been found dead at a home in Surf City and the Ocean County Prosecutor’s Office says it’s now investigating the suspicious incident. The Prosecutor’s Office did not give any further details on the incident.

Shore News Network has learned the victims are John Enders, 87, of Surf City and Francoise Pitoy, 75, of Manchester, and that police are now saying the attack was targeted.

The Ocean County Prosecutor’s Office Reported:

Ocean County Prosecutor Bradley D. Billhimer and Surf City Police Chief John N. Casella, Jr., announced that on October 3, 2021, Officers of the Surf City Police Department discovered two deceased individuals at a residence on North 7th Avenue

The deaths are currently being investigated by the Ocean County Prosecutor’s Office Major Crime Unit, Surf City Police Department, and Ocean County Sheriff’s Office Crime Scene Investigation Unit. “At this point in time, these deaths are considered to be suspicious. More information will be released as it becomes available,” Prosecutor Billhimer stated.

This is an active and ongoing investigation. Anyone in possession of information concerning this investigation is urged to contact Detective Lindsay Woodfield of the Ocean County Prosecutor’s Office at 732-929-2027, extension 3989, or Sgt. Victor Rice of the Surf City Police Department at 609-494-8121

October 4, 2021 0 comments

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