Category: Legal Issues

Source: United States Attorneys General 7

BANGOR, Maine: A Bangor man pleaded guilty today in U.S. District Court in Bangor to theft of a firearm from a licensed firearms dealer.

According to court records, in July 2021, Jonathan Birtz, 39, stole a .380 caliber pistol from Main Street Pawn in Lincoln. Security footage showed Birtz reaching over the counter to take the pistol and then concealing it in a folded blanket he was carrying.

Birtz faces up to 10 years in prison followed by up to three years of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.

The Lincoln Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.

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Source: United States Attorneys General 7

SHREVEPORT, La. – Denell Linn Lee, 44, of Shreveport, Louisiana, was sentenced today on drug and firearms charges, United States Attorney Brandon B. Brown announced. United States District Judge Elizabeth E. Foote sentenced Lee to 115 months (8 years, 7 months) in prison, followed by 3 years of supervised release. Lee pleaded guilty on September 27, 2022, to possession of a firearm by a convicted felon and possession with intent to distribute methamphetamine.

According to information presented to the court, on the evening of February 27, 2020, agents with the Caddo-Shreveport Street Level Interdiction Unit and agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) stopped Lee for driving a car without a license plate. As agents approached the vehicle, they detected a strong odor of marijuana coming from inside the vehicle. Law enforcement officers lawfully searched the vehicle and found a small amount of marijuana on the driver’s side floorboard where Lee had been sitting. In addition, agents found a bag containing a .22 caliber revolver, a digital scale, and approximately 565 tablets of a substance containing methamphetamine. The combined weight of the tablets was over 100 grams.

Lee has a lengthy criminal history, including convictions for simple kidnapping, simple burglary, attempted possession of a firearm by a convicted felon, domestic abuse battery, and domestic abuse with strangulation. As a convicted felon, Lee is prohibited from possessing any firearm or ammunition.

The case was investigated by the ATF and Shreveport Police Department and prosecuted by Assistant U.S. Attorney Mike Shannon.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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Source: United States Attorneys General 7

SHREVEPORT, La. – United States Attorney Brandon B. Brown announced that Alexander D. Pennington, 35, of Las Vegas, Nevada, has been sentenced by United States District Judge S. Maurice Hicks, Jr. to 30 years in prison, followed by a lifetime of supervised release, on child pornography charges.  Pennington was also ordered to pay restitution in the amount of $10,000.

Pennington was charged in a superseding indictment in November 2021 with conspiracy to advertise the distribution of child pornography. He pleaded guilty to the charge on August 30, 2022.  According to information introduced in court, from on or about May 1, 2021 through July 7, 2021, Pennington was a sub-administrator of private chat groups on the Kik Messenger app and had his own username. These private chat groups were dedicated to the advertisement and distribution of child pornography. As a sub-administrator, Pennington enforced the rules of the private chat groups, one of which required members of the private chat groups to post child pornography or be removed from the groups.

On or about June 1, 2021, Pennington a.k.a. “grimka00” published an advertisement in the private chat group titled “Sneak & Peak” for the purpose of receiving and displaying child pornography. The advertisement consisted of a notice which stated, “Any babies?” along with an image of a nude female baby.

The case was investigated by the Department of Homeland Security Investigations and prosecuted by Assistant U.S. Attorney Jessica D. Cassidy.

This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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Source: United States Attorneys General 7

U.S. Attorney Ronald C. Gathe, Jr. announced that the Department of Justice’s Bureau of Justice Assistance has awarded $253,191 collectively to the Ascension Parish Sheriff’s Office, the East Baton Rouge Sheriff’s Office, and the Iberville Parish Sheriff’s Office.

The Ascension Parish Sheriff’s Office was awarded $28,412, the East Baton Rouge Parish Sheriff’s Office was awarded $210,193, and the Iberville Parish Sheriff’s Office was awarded $14,586.  These awards will be used to support a broad range of activities to prevent and control crime based on each agency’s state and local needs and conditions.

Source: United States Attorneys General 7

Louisville, KY – A federal grand jury in Louisville returned an indictment in October charging a New York man with conspiracy to commit mail fraud for his role in a “grandparent scam” that impacted senior victims around the country, including a Meade County individual who lost tens of thousands of dollars to the scam. “Grandparent scams,” also known as “person-in-need scams,” involve perpetrators making false claims to victims that their loved one is in jeopardy and in need of money that the perpetrator will use to assist the loved one.      

U.S. Attorney Michael A. Bennett of the Western District of Kentucky and U.S. Postal Inspector in Charge Lesley Allison of the Pittsburg Division made the announcement.

According to court documents, Juan Carlos Arcena Cabrera, 28, of Yonkers, New York, conspired with others to trick seniors into sending cash payments under the false pretense that a grandchild or loved one had been in a car accident or was facing legal trouble. Scam callers would reach out to victims repeatedly, claiming more money was needed to cover additional emergency expenses. As part of this conspiracy, Cabrera posed as the grandson of a Kentucky victim and attempted to pick up a parcel full of cash that the victim had shipped from Kentucky to a FedEx store in New York.

Cabrera was arraigned yesterday in U.S. District Court. If convicted, he faces a maximum sentence of 20 years in prison. There is no parole in the federal system. A federal district court judge will determine any sentence after considering the United States Sentencing Guidelines and other statutory factors.

The United States Postal Inspection Service is investigating the case with assistance from the Internal Revenue Service Criminal Investigation, the Department of Homeland Security Investigations, the United States Secret Service, and the New York Police Department.

Assistant U.S. Attorney Corinne E. Keel is prosecuting the case.

This case was investigated and prosecuted as part of the National Elder Justice Task Force and the Kentucky Elder Justice Task Force. The Department of Justice’s mission of its Elder Justice Initiative is to support and coordinate the Department’s enforcement and programmatic efforts to combat elder abuse, neglect and financial fraud and scams that target our nation’s older adults. In response to the growing need and targeting areas of greatest concern, the Department of Justice initially stood up 10 task forces made up of 11 federal districts to combat a variety of elder abuse, including elder financial exploitation. Kentucky’s federal districts make up two of the 11 districts under the Initiative. Kentucky’s task force is comprised of investigators, prosecutors, and others at the local, state, and federal level with a common objective of protecting seniors across Kentucky.

In October, the Department announced that as part of its continuing efforts to protect older adults and bring perpetrators of fraud schemes to justice it is expanding the Transnational Elder Fraud Strike Force, adding 14 new U.S. Attorney’s Offices. Expansion of the Strike Force will help to coordinate the Department’s ongoing efforts to combat largest and most harmful fraud schemes that target or disproportionately impact older adults.  

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

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Source: United States Attorneys General 7

ASHLAND, Ky. – An Ashland man, Thomas Bentley, 38, was sentenced on Friday to 108 months in federal prison, by U.S. District Judge David Bunning, for possession with intent to distribute 40 grams of more of fentanyl and being a felon in possession of a firearm.           

According to his plea agreement, on March 18, 2022, law enforcement responded to trespassing call from a store in Cannonsburg, Ky., and when they arrived at the scene, they found Bentley, in his car in the parking lot.  Bentley was found with 53.8 grams of a heroin and fentanyl mixture, drug paraphernalia, $2,826 in cash, and a loaded firearm.  Bentley admitted that he had previously been convicted of a felony and was prohibited from possessing a firearm.

Bentley had been convicted of possession of heroin, in February 2021.  Bentley pleaded guilty to the current charge in August 2022.

 Under federal law, Bentley must serve 85 percent of his prison sentence.  He will be under the supervision of the U.S. Probation Office for four years after his release from prison. 

Carlton S. Shier IV, United States Attorney for the Eastern District of Kentucky; J. Todd Scott, Special Agent in Charge, DEA, Louisville Field Division; and Sheriff Bobby Jack Woods, Boyd County Sherriff’s Office, jointly announced the sentence. 

The investigation was conducted by the DEA and Boyd County Sherriff’s Office.  The United States was represented by Assistant U.S. Attorney Emily Greenfield.

This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities.  It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts.  In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

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Source: United States Attorneys General 7

Bryan Ross, 26, from Ellsworth, Iowa, plead guilty November 4, 2022, in federal court to Producing and Distributing Child Pornography.

In a plea agreement, Ross admitted that between July 2019, and February 2022, he knowingly harassed and coerced minors online via Facebook and Snapchat to take sexually explicit photos and videos of themselves to send to him. Ross further admitted that he received and attempted to receive visual depictions of minors engaged in sexually explicit conduct and distributed them to others online. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set for a later date after a presentence report is prepared.  Ross was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Ross faces a mandatory sentence of 15 years imprisonment with the maximum of not more than 30 years’ imprisonment without the possibility of parole, a fine of not more than $250,000, a mandatory special assessment of $100 and a term of supervised release of 5 years to life.

The case was investigated by Department of Homeland Security and is being prosecuted by Assistant United States Attorney Kraig R. Hamit.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-3016. 

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Source: United States Attorneys General 11

PROVIDENCE – A Providence man who acted as a supplier of fentanyl to a mid-level drug trafficker was sentenced today to nearly six-and-a-half years in federal prison, announced United States Attorney Zachary A. Cunha.

Keven Restrepo, 32, formerly of Kissimmee, FL, was arrested in September 2021, as the result of a wide-ranging FBI Safe Streets Gang Task Force and Providence Police Department drug trafficking investigation in Rhode Island that resulted in the arrest of sixteen individuals.

According to court documents and information presented to the court, Restrepo set up multiple deliveries of fentanyl to a Providence man, and instructed him on how to “cut,” or increase the weight of fentanyl he was selling to him to increase its volume and provide a greater profit. On at least two occasions Restrepo set-up deliveries that totaled 70 grams of fentanyl.

According to court documents, with judicial approval, law enforcement monitored and recorded telephone conversations in which Restrepo boasted of supplying significant quantities of drugs to others in the past; detailed how to “cut” and increase the volume of drugs; and discussed obtaining a firearm.

At the time of his arrest on federal drug trafficking charges, Restrepo was on bail and awaiting sentencing in Rhode Island state court, having been convicted of multiple firearm and assault charges in a case in which an individual was shot in a gang-related incident and suffered serious injuries.

In the matter charged in federal District Court, Restrepo pleaded guilty on December 12, 2022, to a charge of conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl. He was sentenced today by U.S. District Court Judge Mary S. McElroy to seventy-seven months in federal prison to be followed by four years of federal supervised release.

The case was prosecuted by Assistant U.S. Attorney Stacey A. Erickson.

The Rhode Island FBI Safe Streets Gang Task Force consists of agents and law enforcement officers from the FBI, United States Marshals Service, Central Falls Police Department, Cranston Police Department, Pawtucket Police Department, Providence Police Department, West Warwick Police Department, Woonsocket Police Department, and Rhode Island State Police.

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Source: United States Attorneys General 11

PROVIDENCE –Elmhurst Rehabilitation & Healthcare Center (“Elmhurst”) has entered into an agreement with the United States Attorney’s Office for the District of Rhode Island, resolving allegations that Elmhurst failed to furnish sign language interpreting services during interactions with a resident who is deaf, announced United States Attorney Zachary A. Cunha.

Under the settlement agreement, Elmhurst will adopt new ADA policies and practices, train its staff on those policies, will report any future complaints, and agrees to cooperate with the U.S. Attorney’s Office to ensure ongoing compliance with the terms of the settlement agreement. Elmhurst will also pay a settlement of $30,000 to the complainant and a $5,000 civil penalty.

 “When deaf Rhode Islanders seek medical care, they shouldn’t have to worry whether a lack of legally required interpreter services will keep them from communicating effectively with their healthcare providers,” remarked U.S. Attorney Cunha. “Today’s settlement ensures that those services will be provided, as the law requires, for all patients.”

Elmhurst is a private medical practice that provides skilled nursing services, post-acute medical services, and rehabilitation programs in Providence. Title III of the ADA prohibits discrimination against people with disabilities in places of public accommodations, such as medical centers. The ADA requires places of public accommodation to provide the necessary auxiliary aids and services to ensure that communication is effective. Such aids and services can include American Sign Language interpreters for individuals who are deaf or hard of hearing and must be paid for by the place of public accommodation.

The matter was litigated by Assistant U.S. Attorney Amy R. Romero.

The Department of Justice has a number of publications available to assist entities in complying with the ADA, including Effective Communication and a Business Brief on Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings. For more information on the ADA and to access these publications, visit www.ada.gov or call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD).

Any member of the public who wishes to file a complaint alleging that a place of public accommodation or public entity in Rhode Island is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at  (401) 709-5000 or by email at USARI.CivilRightsComplaint@.gov.

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Source: United States Attorneys General 7

BANGOR, Maine: A New York man pleaded guilty today in U.S. District Court in Bangor to being a felon in possession of a firearm.

According to court records, Camby Wilson, 22, knowingly possessed a firearm during a March 2022 traffic stop in Augusta. The firearm was loaded with four rounds of ammunition. A 2019 conviction in New York precludes Wilson from possessing a firearm.

Wilson faces up to 10 years in prison and a $250,000 fine. He also faces up to three years of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Augusta Police Department investigated the case. 

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