Category: Legal Issues

Source: United States Attorneys General 11

RAPID CITY – United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Pine Ridge, South Dakota, man convicted of Second-Degree Murder – Aiding and Abetting. The sentencing took place on August 11, 2023.

Lance Wahokiza Red Cloud, 28, was sentenced to 14 years in federal prison, followed by five years of supervised release, and ordered to pay $100 special assessment to the Federal Crime Victims Fund.

Red Cloud was indicted for Second Degree Murder – Aiding and Abetting by a federal grand jury in September of 2022. He pleaded guilty on May 26, 2023.

The charge related to Red Cloud and two other individuals beating Robert Lynn Jumping Eagle to death in November of 2021 in Pine Ridge, South Dakota.

This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.

This case was investigated by the FBI and the Oglala Sioux Tribe Department of Public Safety Criminal Investigation Division. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Red Cloud was immediately remanded to the custody of the U.S. Marshals Service.

Source: United States Attorneys General 11

PROVIDENCE – A Hopkinton man who previously admitted to a federal judge that he possessed and shared child pornography while he was awaiting trial in Rhode Island state court in two unrelated child pornography cases was sentenced today to six years in federal prison, announced United States attorney Zachary A. Cunha.

Christopher Leherissier, 34, admitted that in February 2021, he uploaded video files of child pornography involving prepubescent children via an account on the online messenger application Kik that he managed and that he used to store child pornography.

Members of the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force identified an IP address, email address, and a Kik screenname Leherissier untilized to upload images of child pornography. Task Force members identfied 160 images and 124 videos of child pornography stored on a mobile device and a hard drive seiezed from Leherisser at the time of his arrest; and 80 images and 101 videos of child pornography stored in two email accounts he controlled.

At the time of his arrest in this matter, Leherissier was on pre-trial on two different cases pending in Rhode Island state court involving charges of allegedly solicitating a minor and disseminating indecent matter to that minor in early 2020; and, in a separate matter dated from the fall of 2020, for allegedly being in possession of child pornography stored in a DropBox account as well as on his electronic devices.

Related to his most recent arrest, Leherisser pleaded guilty in federal court on November 15, 2022, to charges of distribution of child pornography and possession of child pornography. He was sentenced today by U.S. District Court Judge William E. Smith to seventy-two months of incarceration to be followed by ten years of federal supervised release. Additionally, Leherisser is ordered to pay a statutory mandated restitution in the amount of $3,000 to each of eight identified victims who appear in images and videos shared by Leherisser and who sought restitution.

The matter prosecuted in U.S. District Court was prosecuted by Assistant United States Attorney Dulce Donovan.

Homeland Security Investigations assisted the ICAC Task Force in the investigation of this matter.

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Source: United States Attorneys General 11

PROVIDENCE – A 39-year-old Burrillville man who falsely claimed on federal documents that he was not an unlawful user of controlled substances, including cocaine, when he purchased and possessed more than 200 firearms and tens of thousands of rounds of ammunition was sentenced today to more than five years in federal prison, announced United States Attorney Zachary A. Cunha.

In February 2022, when Burrillville Police responded to reports of shots fired at the home of Ronald Andruchuk, numerous gunshots could be heard – with some bullets passing overhead of responding officers. Andruchuk was found wearing a Commando-style multipurpose vest and was carrying four firearms and methamphetamine. After Andruchuk was taken into custody, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) agents and Burrillville Police executed a federal search warrant and seized 219 firearms strewn unsecured within Andruchuk’s home.  Among the items seized were an AR-style privately-made firearm; assorted firearm ammunition magazines and accessories; and approximately 25,390 rounds (1,555.8lbs) of assorted boxed and loose ammunition of various calibers.

Additionally, an ATF investigation determined that Andruchuk previously admitted to law enforcement that he was a user of controlled substances and that he had a substance abuse problem. Further investigation determined that when attempting to purchase firearms from federally licensed firearms dealers, Andruchuk falsely claimed on federal forms that he was not “an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.”

“By repeatedly violating federal law to acquire an arsenal of firearms – firearms that he stored and used in a way that is the antithesis of responsible gun ownership, Ronald Andruchuk put his family, his neighbors, and our communities at risk,” said U.S. Attorney Cunha.  “Today’s sentence should make crystal clear that we and our law enforcement partners intend to vigorously enforce federal gun laws to keep our communities safe.”

“Individuals who illegally use controlled substances are prohibited from possessing firearms,” said James M Ferguson Special Agent in Charge of the ATF Boston Field Division “ATF will continue to work with our law enforcement partners to ensure these offenders do not have the opportunity to illegally possess firearms. In this case, we were able to recover 219 guns and thousands of rounds of ammunition from Ronald Andruchuk”

“Ronald Andruchuk’s child-like infatuation with weapons, recklessness and illegal drug use posed an extreme threat to the lives and safety of his neighbors, his family and the Burrillville Police, added Burrillville Police Chief Colonel Stephen J. Lynch. “The Burrillville Police is appreciative of the collaborative work with ATF, its Task Force members, and the US Attorney’s Office in bringing Andruchuk to justice.”

According to court documents, during a routine review of multiple sales reports of firearms, ATF learned that between July and November of 2021, Andruchuk had purchased 169 firearms. Agents began to investigate further to ensure that Andruchuk was not involved in illegal firearms-trafficking activities. During that review, agents learned that Andruchuk had previous contact with the Cranston Police Department, during which he admitted to being a medical marijuana user. During a later contact with Cranston Police, Andruchuk was arrested on controlled substance offenses and admitted to having a substance abuse problem.

Further investigation by ATF determined that, in December 2021, two firearms, drugs, and other items were located in the drop ceiling of a bathroom inside a Millbury, MA, retail store shortly after Andruchuk vacated the restroom. Both firearms were traced to Andruchuk as the purchaser. He did not have a license to carry a firearm in Massachusetts.

Andruchuk pleaded guilty on January 18, 2023, to two charges of making a false statement of material fact during a firearm purchase and possession of a firearm by an unlawful user of a controlled substance. At sentencing today, U.S. District Court Judge Mary S. McElroy sentenced Andruchuk to sixty-three months in federal prison to be followed by three years of federal supervised release, and to pay a $10,000 fine.

At the request of the U.S. Attorney’s Office, the court ordered the 219 firearms and more than 25,000 rounds of ammunition seized from the defendant to be forfeited to the Government to be destroyed.

The case is being prosecuted by Assistant United Sates Attorney Ronald R. Gendron.

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 11

PITTSBURGH – Troy Rivetti, First Assistant to former United States Attorney to Cindy K. Chung, has been named Acting United States Attorney for the Western District of Pennsylvania effective today.

In this position, Mr. Rivetti leads a staff of nearly 120 employees representing the United States in courts throughout Pennsylvania’s western 25 counties, including staffed offices in Pittsburgh, Erie, and Johnstown.

Mr. Rivetti’s career in the Department of Justice has spanned more than 25 years. Most recently he served as First Assistant U.S. Attorney beginning in November 2021. Prior to that appointment, Mr. Rivetti held a series of leadership positions in the U.S. Attorney’s Office, including serving as the Chief of the Criminal Division from 2019 to 2021. Mr. Rivetti joined the U.S. Attorney’s Office in 1997. Throughout his career as a federal prosecutor, Mr. Rivetti’s primary area of concentration has involved the investigation and prosecution of violent crime, including large-scale drug trafficking organizations and firearms offenses.

Mr. Rivetti obtained his Bachelor of Arts degree from Dickinson College and his Juris Doctor from Georgetown University. Following graduation from law school, Mr. Rivetti was employed for five years as a litigation associate at a large Pittsburgh law firm. He then served as a law clerk for two years for the Honorable D. Brooks Smith.

Source: United States Attorneys General 11

PITTSBURGH – A former resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 25 years’ incarceration and lifetime supervised release on his conviction for four counts related to the sexual exploitation of minors, United States Attorney Cindy K. Chung announced today.

Senior United States District Judge Joy Flowers Conti imposed the sentence on Wayne Edward McNutt, age 58.

According to information presented to the court, from Feb. 25, 2021 until July 26, 2021, McNutt communicated with an individual whom he believed had a child available for sexual activity. In reality, McNutt was communicating with law enforcement agents acting in an undercover capacity to investigate the online sexual exploitation of children. During the communications, McNutt made plans to meet the purported child for sex and solicited advice from the child’s purported guardian about how to make the child trust him and feel comfortable during McNutt’s intended sexual abuse of the child. On two occasions, McNutt sent to the undercover agent images and a video depicting child sexual abuse. Ultimately, McNutt sent money for the purported child and the child’s guardian to travel from another state to Pittsburgh, where McNutt had booked a hotel room for all of them. McNutt was arrested by law enforcement on July 26, 2021, when he arrived to meet the purported child at the hotel that he had reserved. McNutt also possessed a cell phone that contained additional videos of minors, including prepubescent minors, engaging in sexually explicit conduct.

At the time of his arrest, McNutt was on Pennsylvania state probation for a 2012 conviction for the aggravated indecent assault of a child. In imposing sentence, Judge Conti stated that lifetime supervised release was necessary to protect the community from McNutt’s very serious and repetitive criminal conduct.

Assistant United States Attorney Heidi M. Grogan prosecuted this case on behalf of the government.

United States Attorney Chung commended the Federal Bureau of Investigation, the FBI Pittsburgh Child Exploitation and Human Trafficking Task Force, the FBI Albany Mid-State Child Exploitation Task Force, and the FBI Albany Child Exploitation and Human Trafficking Task Force for conducting the investigation that led to the prosecution of McNutt.

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.justice.gov/psc.

Source: United States Attorneys General 11

PITTSBURGH, PA – A resident of Chisago City, Minnesota,, formerly of Western Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of embezzlement and fraud in violation of federal labor laws, United States Attorney Cindy K. Chung announced today.

The two-count Indictment named Donald W. Byers, age 48, as the sole defendant.

According to the Indictment, Byers, who is the former Treasurer for Division 287 of the Brotherhood of Locomotive Engineers and Trainmen (BLET) which is located in Ashville, Pennsylvania, embezzled over $45,000 from union funds, and created fraudulent records to conceal his embezzlement.

The law provides for a maximum total sentence of not more than five years in prison, a fine of $10,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Robert S. Cessar is prosecuting this case on behalf of the government.

The U.S. Department of Labor, Office of Labor-Management Standards conducted the investigation leading to the Indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

Source: United States Attorneys General 11

A Dallas man who allegedly dealt Glock switches via Instagram has been charged with firearm crimes, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.

Jeremiah Dwyen Ashley, 22, was indicted on two counts of possession of an unregistered firearm on December 28.

“Switches transform regular pistols into weapons of war, only suitable for use by soldiers on the battlefield,” said U.S. Attorney Leigha Simonton. “We cannot and will not allow switches to proliferate on the streets of north Texas.”

“Nothing keeps me up at night more than the thought of a machinegun in the wrong hands. If not promptly investigated and arrested, Mr. Ashley would have continued to put these tools of violence on our streets.  Citizens of North Texas need to know that ATF and all our law enforcement partners are doing everything we can to prevent machinegun conversion devices from being used and sold unlawfully. These are not toys or souvenirs; these are terrifying,” stated ATF Dallas Field Division Special Agent in Charge Jeffrey C. Boshek II.

According to court documents, after spotting an advertisement for Glock switches – devices that convert ordinary semiautomatic pistols into fully automatic machineguns – on Instagram, law enforcement reached out to the owner of the account to arrange an undercover purchase.

On May 24, an undercover officer met an unidentified male, later identified as Mr. Ashley, at a gas station in Garland and purchased three Glock switches for $1,200. When the officer asked how the devices worked, Mr. Ashley allegedly showed him how to install a switch on a pistol.

After confirming Mr. Ashley’s identity, the officer reached out to the Instagram account to arrange a second undercover purchase. In response, the officer received a screenshot of UPS tracking information. UPS security personnel told law enforcement that the package, which was addressed to another individual, was a part of a three-parcel shipment that originated from a company in Taiwan.

Law enforcement seized all three packages from a UPS distribution center on June 10. Inside the packages, they found 30 Glock switches, all surrounded by metal screws, likely included to obscure the packages’ contents. An undercover agent, posing as a package delivery person, delivered the packages to Mr. Ashley on June 14. After giving him a few moments to open the packages, law enforcement executed a search warrant on his apartment.

During the search, Mr. Ashley allegedly admitted that he knew the packages contained Glock switches and confirmed that he understood the purpose of a switch. He claimed that someone else ordered the packages but said they were intended for him. He allegedly admitted that he was known around the neighborhood for selling switches on Instagram.

Glock switches are classified as machineguns under federal law. Unlike semiautomatic firearms, machineguns – weapons that can fire more than one round, without manual reloading, by single function of the trigger – are generally unlawful for non-licensed civilians under the National Firearms Act.

An indictment is merely an allegation of wrongdoing, not evidence. Like all defendants, Mr. Ashley is presumed innocent until proven guilty in a court of law.

If convicted, he faces up to 20 years in federal prison, 10 years per count.

The Bureau of Alcohol, Tobacco, Firearms & Explosives’ Dallas Field Office and the Garland Police Department conducted the investigation with the assistance of the Texas Department of Public Safety. Assistant U.S. Attorney Blake Ellison is prosecuting the case.

Source: United States Attorneys General 11

PITTSBURGH – After deliberating for approximately 90 minutes, a federal jury yesterday found Omari Patton guilty of five counts related to attempting to provide to a federal inmate or obtain as a federal inmate a Schedule I synthetic cannabinoid controlled substance in federal prisons, United States Attorney Cindy K. Chung announced today.

Omari Patton, 44, formerly of Pittsburgh, Pennsylvania, was tried before United States District Judge William S. Stickman, IV in Pittsburgh, Pennsylvania.

The evidence presented at trial established that in September and October 2018, Patton, who was incarcerated at the Fort Dix, New Jersey, federal prison, directed his son, Dashawn Burley, who resided in Monroeville, Pennsylvania, to mail three envelopes to Patton at the Fort Dix prison and two envelopes to another federal inmate at the Ray Brook, New York, federal prison. All five of these envelopes, at Patton’s direction, were disguised by Burley to appear as if they were “legal” mail sent by a fake attorney. However, each envelope contained paper that had been saturated with a Schedule I synthetic cannabinoid controlled substance, commonly referred to as “K2 paper” or “deuce,” potent synthetic drugs, which law enforcement officers testified disrupts prison life and threatens the health and safety of inmates and staff members.

Mr. Burley, who was also charged for his involvement in the offenses, pled guilty prior to opening statements on Tuesday, Feb. 6, 2023, to two counts of attempting to provide to a federal inmate a Schedule I synthetic cannabinoid controlled substance in federal prisons.

Judge Stickman scheduled sentencing for Patton on June 15, 2023. The law provides for a maximum total sentence of up to 50 years in prison and a fine of up to $1,250,000. Under States Sentencing Guidelines, the actual sentence imposed is based on the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Judge Stickman also scheduled sentencing for Burley on June 8, 2023. The law provides for a maximum total sentence of up to 20 years in prison and a fine of up to $500,000. Under States Sentencing Guidelines, the actual sentence imposed is based on the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Pending sentencing, the court ordered that Patton would remain detained and the court continued Burley’s bond.

Assistant United States Attorneys Craig W. Haller and Rebecca L. Silinski are prosecuting this case on behalf of the United States.

The Drug Enforcement Administration, the Internal Revenue Service, the federal Bureau of Prisons, and the Pennsylvania Office of Attorney General led the multi-agency investigation that also included the United States Postal Inspection Service, the Beaver County District Attorney’s Office, the Department of Homeland Security/Homeland Security Investigations, the Pittsburgh Police Department, the United States Marshals Service, the Pennsylvania State Police, the Munhall Police Department, the Robinson Township Police Department, the McKees Rocks Police Department, the Stowe Township Police Department, the Etna Police Department, and the Erie County District Attorney’s Office.

This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Source: United States Attorneys General 11

A violent drug dealer was sentenced today to 50 years in federal prison, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.

A jury convicted Gilbert Joseph Carrasco, 44, of conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, and possession of a firearm by a convicted felon after just seven minutes of deliberation in August 2022. He was sentenced Tuesday by U.S. District Judge Matthew J. Kacsmaryk, who noted that the defendant’s violent past – including multiple physical assaults with his fists, a screwdriver, and even a brick – warranted the sentence.

According to evidence presented at trial, undercover agents arranged to purchase methamphetamine from 25-year-old Catrina Palmer on April 28, 2020. Mr. Carrasco drove Ms. Palmer to the undercover buy. Agents located a trap in the dashboard of his truck that contained methamphetamine. Investigation later revealed that Mr. Carrasco was Ms. Palmer’s methamphetamine supplier.

In an interview, Mr. Carrasco admitted to receiving and distributing methamphetamine. He also admitted to being a convicted felon and knowingly possession a .22 bolt action rifle he said he obtained on the “streets.”

Ms. Palmer pled guilty in April 2021 to possession with intent to distribute methamphetamine and was sentenced to five years in federal prison.

The Amarillo Police Department, the Drug Enforcement Administration’s Dallas Field Division, and the Bureau of Alcohol, Tobacco, Firearms & Explosives’ Dallas Field Division conducted the investigation. Assistant U.S. Attorneys Matt Tusing and Joshua Frausto prosecuted the case with the help of Assistant U.S. Attorney Anna Marie Bell.

Source: United States Attorneys General 11

A romance scammer with ties to a Nigerian organized crime syndicate was sentenced today to more than three years in federal prison, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.

Frederick Orji, a 38-year-old naturalized U.S. citizen born in Nigeria, was charged alongside 10 co-conspirators in a large-scale operation led by the FBI in in September 2021. He pleaded guilty in June 2022 to conspiracy to commit wire fraud and was sentenced Monday to 37 months in federal prison by Chief U.S. District Judge David Godbey, who also ordered him to pay $418,030 in restitution to his victims.

According to court documents, Mr. Orji and his co-defendants preyed on elderly victims, many of whom were widowed or divorced. They assumed fake names and trolled dating sites like Match.com and Bumbledate.com, searching for targets.

Once they had ingratiated themselves with their victims, they concocted sob-stories about why they needed money – i.e., taxes to release an inheritance, essential overseas travel, crippling debt, etc. – and then siphoned money from victim’s accounts, tens of thousands of dollars at a time.

In plea papers, Mr. Orji admitted that once he and his conspirators had depleted the victims’ accounts of all the funds they were willing and able to send, often emptying their entire savings, the defendants stopped  communicating with the victims.  

His brother, co-defendant Emanuel Orji, pleaded guilty to conspiracy to commit wire fraud in September 2022 and is set to be sentenced on Jan. 9, 2023.  Five additional defendants are awaiting trial, which is set for March 20, 2023. They are presumed innocent until proven guilty in court.

The Federal Bureau of Investigation’s Dallas Field Office, Homeland Security Investigations’ Dallas Field Office, and IRS – Criminal Investigation led the investigation with assistance from the Department of Labor Office of Inspector General, U.S. Citizenship & Immigration Services, and the U.S. Department of State’s Diplomatic Security Service (DSS). Assistant U.S. Attorneys Mary Walters and Jenna Rudoff are prosecuting the case.

The FBI estimates that more than 20,000 people lost more than $600 million in romance scams in 2020 alone. For tips on how to protect yourselves and your loved ones, visit the Federal Trade Commission’s romance scam webpage. To report a suspected romance fraud, file a report via the FBI’s Internet Crime Complaint Center at www.ic3.gov.