Category: Law

Source: United States Attorneys General 4

            WASHINGTON – Two former leaders of the Proud Boys organization were sentenced today on multiple felony charges related to their roles in the breach of the U.S. Capitol on Jan. 6, 2021. Their actions disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes necessary to certify the 2020 presidential election.

            Ethan Nordean, 32, of Auburn, Washington, was sentenced to 18 years in prison and 36 months of supervised release.  

            Dominic Pezzola, 45, of Rochester, New York, was sentenced to 10 years in prison and 36 months of supervised release.

            On May 4, 2023, a jury found Nordean, Pezzola, and three other co-defendants guilty of multiple felonies, including obstruction of an official proceeding and conspiracy to prevent members of Congress or federal officers from discharging their duties before and during the breach of the U.S. Capitol on Jan. 6, 2021. Defendant Ethan Nordean was previously convicted of seditious conspiracy.

            According to court documents and evidence presented during the trial, the Proud Boys organization had played a significant and often violent role in prior Washington, D.C. rallies in November and December 2020. In the aftermath of that violent conduct, Nordean and other co-defendants served as members and leaders of a special chapter of the Proud Boys known as the “Ministry of Self-Defense.”

            Beginning after Dec. 19, 2020, Nordean, Pezzola, and other co-defendants conspired to prevent, hinder, and delay the certification of the Electoral College vote and to oppose by force the authority of the government of the United States.

            In the days leading to January 6, Nordean and other leaders of the Ministry of Self-Defense hand-selected co-defendant Dominic Pezzola and others known as “rally boys” to participate in the attack on the Capitol that day. This group established a chain of command, chose a time and place for their attack, and recruited others who would follow their top-down leadership and who were prepared to engage in physical violence if necessary.

            On January 6, Nordean, Pezzola, and others they led participated in every consequential breach at the Capitol. The defendants directed and mobilized a group of Proud Boys onto the Capitol grounds, leading to the dismantling of metal barricades, destruction of property, breaching of the Capitol building, and assaults on law enforcement.

            The group began their assault that day at 10 a.m. when Nordean and others marched nearly 200 individuals away from speeches at the Ellipse directly toward the Capitol. They arrived at the First Street gate at 12:50 p.m. Nordean, Pezzola, and other co-defendants led their recruits up the First Street walkway, breaching multiple barricades and tearing down fencing. 

            Nearly an hour later, when law enforcement appeared to have successfully controlled the crowd by pushing them back, the men again pushed forward. Nordean, Pezzola, and others gathered at the base of the concrete stairs that led to the doors and windows of the Capitol with many of their co-conspirators and other men they had led to the Capitol. The group again surged toward the Capitol and overwhelmed officers who had been battling the crowd for nearly an hour. Pezzola smashed open a window allowing the first rioters to enter the Capitol at 2:11 p.m.

            During the hearing, U.S. District Judge Timothy J. Kelly applied the enhancement for a federal crime of terrorism to the defendants convictions for destruction of government property.

            This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia, the Department of Justice National Security Division’s Counterterrorism Section, and the Department of Justice Criminal Division’s Organized Crime and Gang Section.

            This case was investigated by the FBI’s Washington Field Office. The charges in the investigation are the result of significant cooperation between agents and staff across numerous FBI Field Offices and law enforcement agencies.

            In the 31 months since Jan. 6, 2021, more than 1,106 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 350 individuals charged with assaulting or impeding law enforcement.

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

Source: United States Attorneys General 4

            WASHINGTON – Alexander Pakhtusov is charged in United States District Court for the District of Columbia in case number 19-cr-310.  Mr. Pakhtusov was a seller on both Slilpp and Paysell (now called Blackpass) using the moniker “Mrtikov.”  His overall involvement spanned from at least April 2016 through September 2019 and included listing for sale over 17 million economically valuable accounts of individuals held at various companies and banks.  He actually sold over 14,000 sets of login credentials.  The people who purchased those login credentials used those credentials to steal money from victim accounts.

            On September 17, 2019, Mr. Pakhtusov was indicted. He was subsequently extradited to the United States and, on March 12, 2021, Mr. Pakhtusov pled guilty to one count of access device fraud and three counts of aggravated identity theft. 

            A sentencing hearing is currently scheduled for September 13, 2023 at 10:00 a.m. EST, before U.S. District Court Judge Trevor N. McFadden. 

            If you believe you were a victim of Mr. Pakhtusov’s fraud, please find more information here: https://www.justice.gov/usao-dc/united-states-v-alexander-pakhtusov.

Source: United States Attorneys General 4

            WASHINGTON – A North Carolina man was found guilty in the District of Columbia today of five felonies and three misdemeanors related to his actions during the Jan. 6, 2021, Capitol breach. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            David Joseph Gietzen, 30, of Sanford, North Carolina, was found guilty by a jury of one count of civil disorder and aiding and abetting; two counts of assaulting, resisting, or impeding certain officers; one count of assaulting, resisting, or impeding certain officers using a deadly or dangerous weapon; and one count of entering and remaining in a restricted building or grounds with a deadly or dangerous weapon. All felonies.

            The jury also found Gietzen guilty of three related misdemeanor offenses, including disorderly or disruptive conduct in a restricted building or grounds; engaging in physical violence in a restricted building or grounds; and act of physical violence in the Capitol grounds or buildings. Gietzen will be sentenced at a later date.

            According to the government’s evidence, Gietzen traveled to Washington, D.C., with his brother to attend a rally at the Ellipse on Jan. 6, 2021. Following the rally, Gietzen joined a mob of rioters illegally on the Capitol grounds. Gietzen appeared in multiple videos captured by body-worn cameras worn by Metropolitan Police Department (MPD) officers on the exterior West Plaza and Lower West Terrace area. Additional video of Gietzen was captured by Capitol CCTV cameras and videos obtained from others present at the Capitol that day.

            Evidence showed that Gietzen was seen in the area of the security barriers in front of the West Plaza area wearing a white helmet, goggles, , a green jacket, jeans, knee pads, and dark shoes. At about 2:13 p.m., he appeared to push with the crowd against the barriers and thrust his fist against shields held by U.S. Capitol Police (USCP)( officers.

            Gietzen then pushed an officer during a series of hand-to-hand confrontations between rioters, MPD, and Capitol Police Officers. Moments later, Gietzen appeared to grab an officer by the throat or face mask.

            At about 2:30 p.m., Gietzen – still wearing his distinctive helmet – was seen holding a long pole and thrusting it at a line of officers, ultimately striking a USCP officer with the pole in what Gietzen said was an effort to move the officer.

            Gietzen was also observed on U.S. Capitol CCTV outside the Lower West Terrace Tunnel at about 3:57 p.m., pushing with the crowd back and forth against the law enforcement officers who were securing the entrance doorway.

            Gietzen was arrested on May 11, 2022, by the FBI in Sanford, North Carolina.

            All charges carry potential financial penalties. The Court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

            The case was prosecuted by the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by U.S. Attorney’s Office for the Middle District of North Carolina.

            The case was investigated by the FBI’s Charlotte and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 31 months since Jan. 6, 2021, more than 1,106 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 350 individuals charged with assaulting or impeding law enforcement.

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

Source: United States Attorneys General 4

            WASHINGTON – Two former leaders of the Proud Boys organization were sentenced today for seditious conspiracy and other charges related to the breach of the U.S. Capitol on Jan. 6, 2021. Their actions disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes necessary to certify the 2020 presidential election.

            Joseph R. Biggs, 39, of Ormond Beach, Florida, was sentenced to 17 years in prison and 36 months of supervised release.

            Zachary Rehl, 37, of Philadelphia, Pennsylvania, was sentenced to 15 years in prison and 36 months of supervised release.

            A jury convicted Biggs and Rehl and three other co-defendants of multiple felonies, including seditious conspiracy and conspiracy to obstruct an official proceeding on May 4, 2023, for their actions before and during the breach of the U.S. Capitol on Jan. 6, 2021.

            According to court documents and evidence presented during the trial, the Proud Boys organization played a significant and often violent role in Washington, D.C. rallies in November and December 2020. In the aftermath of that violent conduct, Biggs and Rehl served as members of a special chapter of the Proud Boys known as the “Ministry of Self Defense.”

            Beginning after Dec. 19, 2020, Biggs and Rehl, all of whom were leaders or members of the Ministry of Self-Defense, conspired to prevent, hinder, and delay the certification of the Electoral College vote and to oppose by force the authority of the government of the United States.

            In the days leading to January 6th, Biggs, Rehl, and co-defendants Henry “Enrique” Tarrio and Ethan Nordean hand-selected co-defendant Dominic Pezzola and others known as “rally boys” to participate in the attack on the Capitol that day. This group established a chain of command, chose a time and place for their attack, and intentionally recruited others who would follow their top-down leadership and who were prepared to engage in physical violence if necessary.

            On January 6th, the group and the men they recruited and led participated in every consequential breach at the Capitol on January 6th. The group began their assault that day at 10:00 a.m. when Biggs, Rehl, and others marched an assembled group of nearly 200 individuals away from speeches at the Ellipse and directly toward the Capitol. They arrived at the First Street gate at 12:50 p.m., and Biggs led the crowd in chants of “Whose Capitol? Our Capitol!” and “Whose house? Our house!” Within minutes, Biggs, Rehl, and others led their recruits up the first street walkway, breaching multiple barricades and tearing down fencing. Biggs then declared, “we’ve gone through every barricade thus far.”

            At about 1:30 p.m., when law enforcement appeared to have successfully controlled the crowd by pushing them back, the men again pushed forward with Biggs and other co-defendants leading the charge. Biggs and other co-defendants then gathered at the base of the concrete stairs that led to the doors and windows of the Capitol. The group again surged toward the Capitol and overwhelmed officers who had been battling the crowd for nearly an hour. Rehl sprayed an officer in the face. One co-defendant, Dominic Pezzola, smashed open a window, allowing the first rioters to enter the Capitol at 2:11 p.m., and Biggs entered close behind him with some of his men.

            During the attack, Biggs posed with other Proud Boys on the west lawn of the Capitol for a celebratory video in which Biggs stated that “January 6 will be a day in infamy.” Rehl made social media posts calling January 6 a “historical day,” and told his mother that he was “so f**** proud” of the Proud Boys’ “raid of the capitol.”

            Later, Biggs and Rehl made statements regarding their attack on the Capitol. On January 7th, Rehl told members of the Ministry of Self-Defense that he was “proud as f*** what we accomplished. Likewise, Biggs recorded a podcast-style interview in which he called January 6 a “warning shot” to the government that showed them “how weak they truly are” after being “b****-slapped . . . on their own home turf.” Biggs explained that “January 7th was warning shot to the government –look, we started this country this way and we’ll f*****’ save it this way.”

            During the hearing, U.S. District Judge Timothy J. Kelly found that Biggs and Rehl conduct applied the enhancement for a federal crime of terrorism to the defendant’s final sentence.

            This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia, the Department of Justice National Security Division’s Counterterrorism Section, and the Department of Justice Criminal Division’s Organized Crime and Gang Section.

            This case was investigated by the FBI’s Washington Field Office. The charges in the investigation are the result of significant cooperation between agents and staff across numerous FBI Field Offices and law enforcement agencies.

            In the 31 months since Jan. 6, 2021, more than 1,106 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 350 individuals charged with assaulting or impeding law enforcement.

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

Source: United States Attorneys General 4

            WASHINGTON -Two men from Pennsylvania and Virginia have been arrested on felony and misdemeanor charges related to their actions during the breach of the U.S. Capitol on Jan. 6, 2021. Their actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Peter Willey, 37, of Roanoke, Virginia, and Ethan Mauck, 31, of Troutville, Pennsylvania, are charged in a criminal complaint filed in the District of Columbia with a felony offense of obstruction of law enforcement during civil disorder. In addition to the felony, Willey and Mauck are charged with misdemeanor offenses of entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, and disorderly conduct in a Capitol building or grounds.

            Willey and Mauck were arrested today in Roanoke, Virginia, and will make their initial appearance in the Western District of Virginia.

            According to court documents, on Jan. 6, 2021, Willey and Mauck attended the “Stop the Steal” Rally on the National Mall and afterward marched through Washington, D.C., toward the U.S. Capitol building. In open-source video and photographs, Willey and Mauck are seen entering the restricted grounds of the Capitol and advancing toward bike rack barricades and the police line on the Lower West Plaza. Here, a violent struggle ensued between the rioters and law enforcement, and law enforcement officials deployed pepper spray to disperse the crowd as they attempted to re-establish a police line and barricade. Mauck is seen in an open-source video in distress as he rubs his eyes, consistent with having been struck by pepper spray.

            At the Lower West Plaza, as seen on open-source footage, the mob of rioters violently confronted the officers standing guard in the police line. The bike racks became displaced, and a struggle ensued. During the struggle, Mauck picked up a downed police bike rack and shoved it toward an officer dressed in riot gear.

            On the Lower West Plaza, at approximately 1:40 p.m., Willey and other rioters began to move a large sign on wheels with a metal frame towards the police line and barricade, using it as a battering ram against the law enforcement officers attempting to hold the line. As the large sign passed over Willey’s head, Willey placed his hands on the billboard’s frame and pushed it toward the police line. As the officers gained control of the large metal sign, Willey is seen blocking his face with his arms and running away from an officer who deployed pepper spray at the rioters, including Willey.

            At about 2:50 p.m., Willey and Mauck are seen entering the Lower West Terrace tunnel, where rioters struggled and fought with police for several hours on January 6th. Closed-circuit television (CCTV) footage inside the tunnel depicted rioters, including Mauck and Willey, actively pushing against the police line in unison, known as a “heave-ho.” At approximately 2:55 p.m., Willey grabbed ahold of two police shields from another rioter and passed it forward, further into the tunnel, and toward the rioters near the police line. At approximately 2:58 p.m., Mauck, standing at the mouth of the tunnel, gained control of a large, black speaker and handed it off to the rioters in the tunnel. Ultimately, that speaker was thrown at the police line by other rioters.

            Both Willey and Mauck exited the tunnel at approximately 3:04 p.m. Both men are later seen in the crowd outside the tunnel shortly after this incident, watching as other rioters forcibly dragged the two law enforcement officers into the mob.

            This 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 Western District of Virginia.

            This case is being investigated by the FBI’s Washington Field Office, which identified Willey as BOLO (Be on the Lookout) #84 on its seeking information photos. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 31 months since Jan. 6, 2021, more than 1,106 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 350 individuals charged with assaulting or impeding law enforcement.

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

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

Source: United States Attorneys General 4

           WASHINGTON – An Arkansas man has been arrested on felony and misdemeanor charges related to his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

           Nathan Earl Hughes, 34, of Fayetteville, Arkansas, is charged in a criminal complaint filed in the District of Columbia with a felony offense of civil disorder. In addition to the felony, Hughes is charged with misdemeanor offenses of entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, and impeding passage through the Capitol grounds or buildings.

           Hughes was arrested on Aug. 30, 2023, in Fayetteville, Arkansas, and made his initial appearance today in the Western District of Arkansas.

           According to court documents, video footage obtained from law enforcement depicting the events at the Capitol on Jan. 6, 2021, shows an individual, later identified as Hughes, as present in the vicinity of the Lower West Terrace tunnel for at least one hour. Hughes wore a black/dark blue and camouflage print hat with a frayed brim, distinctive black Mechanix gloves, a gray hooded sweatshirt, and a black “Infowars” branded shirt with an image of a space shuttle and the words ‘Space Force Est. 2020” written on it.

           Court documents say that, at various points, Hughes pushed against the police line in the tunnel and helped other rioters physically fight police in an attempt to breach the line and enter the U.S. Capitol building. At approximately 3:15 p.m., Hughes was at the mouth of the tunnel and signaled the crowd of rioters, “C’mon! C’mon!” while waving his hand in the direction of the tunnel. After signaling to the crowd, Hughes entered the tunnel and charged toward the police line.

           Inside the tunnel, Hughes continued to signal others to enter and confront the police line. Hughes then stood shoulder-to-shoulder with others and began to rock back and forth in a synchronized movement with the crowd. At about 3:18 p.m., Hughes assisted the mob with forcefully removing police riot shields and passing them out of the tunnel. Hughes also personally attempted to forcefully pull away police shields and pass them out of the tunnel back to the other rioters.

           At approximately 3:19 p.m., as Hughes was being forced out of the tunnel by police, he was observed using his elbow to strike in the direction of police. After he was pushed out of the tunnel, Hughes remained in the vicinity of the tunnel for at least 90 minutes, encouraging other rioters to “Pull them out!” Earlier in the day, Hughes had witnessed the mob forcibly pulling police officers from the tunnel and into the crowd.

           This 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 Western District of Arkansas.

           This case is being investigated by the FBI’s Little Rock and Washington Field Offices, with valuable assistance provided by the U.S. Capitol Police and the Metropolitan Police Department.

           In the 31 months since Jan. 6, 2021, more than 1,106 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 350 individuals charged with assaulting or impeding law enforcement. 

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

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