Category: Legal Issues

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Tennessee Man Sentenced to Prison on Eight Felony Charges for Actions During Jan. 6 Capitol Breach

Source: United States Department of Justice

            WASHINGTON – A Tennessee man was sentenced today on eight felony and two misdemeanor charges for 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.

            Joseph “Jose” Lino Padilla, 43, of Cleveland, Tennessee, was sentenced to 78 months in prison by U.S. District Judge John D. Bates in the District of Columbia. On May 3, Judge Bates found Padilla guilty, following a bench trial, on ten counts, among them two assaults on police officers, including one with a deadly or dangerous weapon, and obstruction of an official proceeding and related charges. In addition to the prison term, Judge Bates ordered Padilla to serve 24 months of supervised release and to pay restitution of $2,000.

            According to evidence presented in court, Padilla traveled to Washington, D.C., to attend a rally at the Ellipse on Jan. 6, 2021. After he left the rally, Padilla made his way toward the U.S. Capitol building, arriving at the West Plaza at about 1:20 p.m. Here, he approached a line of Metropolitan Police Department (MPD) officers who were standing behind a bike rack barricade. As he got closer, he berated the officers, calling them “traitors” and “oath breakers.”

            At one point, Padilla turned towards an officer and said that the officer was “following unconstitutional orders” and that the officer “had a duty to refuse unconstitutional orders.”

            Padilla, a former prison corrections officer, then repeatedly pushed against the bike racks, forced his way into the Tunnel, and threw a flagpole, striking an officer in the helmet. During the riot, Padilla messaged a family member, “I’ve been beaten. Sprayed and [tased]. Resting before I go in for more,” “Were pushing the door. Had to take a break,” and “It’s not a rally anymore it’s a revolution.” 

            In total, Padilla spent three hours on the West Front of the Capitol, breaking through police lines, rallying other rioters to join him, and relentlessly berating police.

            The day after the riot, Padilla posted on social media, “[T]he Declaration of Independence, one of our founding documents, specifically gave me the right to do what I did. ‘… it is the Right of the People to alter or to abolish it, and to institute new Government,’” and “Yeah, I’m proud of what I did yesterday. It’s guns next, that’s the only way.”

            Padilla was arrested in Tennessee on Feb. 23, 2021.

            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 Eastern District of Tennessee.

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

            In the 32 months since Jan. 6, 2021, more than 1,100 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 396 individuals charged with assaulting or impeding law enforcement, a felony. The investigations are ongoing.

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

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Indictment Charges Maryland Pair in Fentanyl Distribution Conspiracy

Source: United States Attorneys General 4

            WASHINGTON – An arraignment was held today for Edward Steven Monge, 22, of Beltsville, Maryland, on charges connected to his alleged role in a fentanyl distribution conspiracy. Monge and his co-conspirator, Jennifer Echeverria Flores, 26, of Silver Spring, Maryland, are named in an indictment charging them with conspiracy to distribute and possess with intent to distribute more than 400 grams of fentanyl. Echeverria Flores is further charged with unlawful distribution of 40 grams or more of fentanyl.

            According to the charging documents, on five different occasions between February 17, 2023 and July 19, 2023, Echeverria Flores — who allegedly used Monge as her source of supply — sold a total of approximately 4,500 pills containing fentanyl to undercover agents of the Drug Enforcement Administration (“DEA”) in Washington, D.C. and Maryland. The pills are blue, marked “M” on one side, and “30” on the other side. DEA laboratory testing has confirmed that the pills contain fentanyl.

            Echeverria Flores was arrested on July 31, 2023, and has been ordered held without bond pending trial. On August 3, 2023, law enforcement agents arrested Monge in Hyattsville, MD, pursuant to an outstanding arrest warrant for him from Fairfax County, VA. Upon a search of Monge, officers found approximately 1,102 pills on his person, which field tested positive for the presence of fentanyl. Monge was arrested on a federal arrest warrant on September 11, 2023.

            The conspiracy charge carries a statutory minimum sentence of 10 years in prison and a statutory maximum sentence of life in prison. The distribution charge carries a statutory minimum sentence of five years in prison with a statutory maximum sentence of 40 years. The charges also carry potential financial penalties. The minimum and maximum statutory sentences for federal offenses are prescribed by Congress and provided here for informational purposes. The sentencing will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

            This case is being investigated by the DEA’s Washington Field Division and is being prosecuted by Special Assistant U.S. Attorneys Javier Urbina and Jordan Leiter of the Violence Reduction and Trafficking Offenses section of the U.S. Attorney’s Office for the District of Columbia.

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

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Idaho Woman Sentenced on Felony and Misdemeanor Charges for Actions During Jan. 6 Capitol Breach

Source: United States Attorneys General 4

            WASHINGTON – An Idaho woman was sentenced in the District of Columbia today on two felonies and four misdemeanors related to her actions during the Jan. 6, 2021, breach of the U.S. Capitol. Her 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 presidential election.

            Yvonne St Cyr, 55, of Boise, Idaho, was sentenced by U.S. District Judge John D. Bates to 30 months in prison, 36 months of supervised release, and ordered to pay $3,000 in restitution and fines. 

            St Cyr was found guilty by a jury on March 10, 2023, of the six charges filed against her, including two counts of obstructing and interfering with law enforcement during a civil disorder, both felonies. In addition to the felonies, St Cyr was convicted of several misdemeanor charges, including entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building, and parading, demonstrating or picketing in a Capitol building.

            According to the evidence presented at trial, St Cyr, a former Marine Corps drill instructor, traveled from Idaho to Washington, D.C., to attend a rally on Jan. 6, 2021. After leaving the rally, St Cyr went to the U.S. Capitol building, where she joined a crowd of rioters who occupied the Lower West Plaza. When she arrived at the Capitol, St Cyr forced her way to the front of the crowd and pushed her body against the police line barricades on the Lower West Plaza. Despite orders from police, St Cyr remained there for more than fifteen minutes, disobeying police commands to move.

            When the crowd ultimately overwhelmed the police officers in that area, St Cyr was one of the first rioters to break through the fence line. She then marched forward, eventually making her way into the Lower West Terrace Tunnel, where she witnessed vicious acts of violence against police officers. St Cyr entered the Tunnel twice and eventually climbed onto a ledge overlooking the crowd of rioters, which she filmed with her phone and shouted at the crowd, “We need fresh people” and “Push, push, push.”

            After leaving the Tunnel, St Cyr climbed through a broken window, entering a Senator’s hideaway room adjacent to the Tunnel. Once inside, St Cyr helped another rioter enter and made a livestreamed video of herself while occupying the room.

            This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by the U.S. Attorney’s Office for the District of Idaho.

            This case was investigated by the FBI Salt Lake City, Boise Resident Agency, and the FBI’s Washington Field Office. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department. 

            In the 32 months since Jan. 6, 2021, more than 1,100 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 396 individuals charged with assaulting or impeding law enforcement, a felony. 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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Dermatology Management Company to Pay $8.9 Million to Resolve Self-Reported False Claims Act Liability

Source: United States Attorneys General 11

A Texas entity that manages and operates dermatology practices, surgical centers, and pathology laboratories across the United States has agreed to pay the United States $8.9 million to resolve allegations, which were self-reported, of potential violations of the Physician Self-Referral Law (the Stark Law) and the Anti-Kickback Statute (AKS), announced U.S. Attorney for the Northern District of Texas Leigha Simonton.  The United States contends that these potential violations resulted in liability under the False Claims Act.

Per the terms of a civil settlement executed on September 12, 2023, Oliver Street Dermatology Management LLC will pay the government $8,892,079.72 – including $5,928,053.15 in restitution—within 10 days of the settlement. The settlement credits Oliver Street for its self-disclosure and collaboration with government investigators. The self-reported conduct was unknown to the United States at the time of the self-disclosure, and was specific as to the nature of the potentially problematic transactions, the personnel involved, and the potential financial impact on the Government.

According to the settlement agreement, from January 2013 to July 2018, Oliver Street – doing business as U.S. Dermatology Partners (USDP) — acquired numerous dermatology practices across the United States.

In September 2021, the company voluntarily self-disclosed to the Department of Justice that it had discovered credible evidence suggesting that former senior managers had offered (or agreed) to increase the purchase price of 11 acquired dermatology practices in exchange for an agreement by the provider at the practice to refer services to USDP-affiliated entities following the acquisition.  Claims for certain of those referred services were later submitted to Medicare for payment.

The United States contends that this conduct violated the AKS and the Stark Law, and resulted in the submission of false claims for payment to Medicare.  The AKS prohibits offering or paying remuneration to induce the referral of items or services covered by Medicare and other federally funded healthcare programs.  The Stark Law prohibits healthcare entities from billing for certain services referred by physicians with whom the entity has a financial relationship, unless that relationship satisfies one of the law’s statutory or regulatory exceptions.  Both the AKS and the Stark Law are intended to ensure that medical judgments are not compromised by improper financial inducements.

“Decisions about where medical specimens are analyzed should be made with the best interests of patients, not providers, in mind,” said U.S. Attorney Leigha Simonton. “We applaud this company for self-reporting its potential violations and cooperating with government investigators, allowing us to reach a swift settlement.”

This resolution is the result of a coordinated effort between the U.S. Attorney’s Office for the Northern District of Texas and the U.S. Department of Health & Human Services’ Office of Inspector General.  This matter was handled by Civil Chief Kenneth Coffin.

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

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For more information, please contact NDTX Public Affairs Officer Erin Dooley at 214-659-8707 or erin.dooley@usdoj.gov.

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Oregon Man Arrested for Assaulting Law Enforcement During Jan. 6 Capitol Breach

Source: United States Attorneys General 4

            WASHINGTON — An Oregon man has been arrested on felony and misdemeanor charges, including assaulting law enforcement, 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.

            Ryan Wilson, 40, of Athena, Oregon, is charged in a criminal complaint filed in the District of Columbia with felony offenses of obstruction of law enforcement during civil disorder and assaulting, resisting, or impeding certain officers using a dangerous weapon. Wilson is also charged with several misdemeanors, including knowingly entering or remaining in any restricted building or grounds without lawful authority, disorderly and disruptive conduct in a restricted building or grounds, engaging in physical violence in a restricted building or grounds, disorderly conduct in a Capitol building or grounds, and act of physical violence in the Capitol grounds or buildings.

            Wilson was arrested today in Portland, Oregon, and will make his initial appearance in the District of Oregon.

            According to court documents, Wilson was identified among the crowd of rioters in the Lower West Terrace Tunnel on Jan. 6, 2021. Wilson wore a distinctive plaid button-down shirt and, at times, a black balaclava. Wilson was captured on Capitol building surveillance footage outside the tunnel entrance, standing next to his father, Duke Wilson, at approximately 2:56 p.m.

            Court documents say that Wilson and his father made their way into the Tunnel toward the police line and, at about 2:58 p.m., Wilson threw a water bottle at the police. By approximately 3:00 p.m., Wilson was standing directly in front of the police line, separated only by shields that the police officers were using to defend themselves. At that time, a rioter behind Wilson began to thrust a pipe toward the police. Wilson then grabbed the pipe and rammed it toward the police repeatedly and forcefully. Wilson then took steps to re-position himself and used the pipe to thrust near the heads and faces of the officers.

            The police then deployed OC spray, which hit Wilson. He then threw the pipe toward the police line, turned around, and exited the Tunnel.

            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 District of Oregon.

            This case is being investigated by the FBI’s Portland and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 32 months since Jan. 6, 2021, more than 1,100 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 396 individuals charged with assaulting or impeding law enforcement, a felony. 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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Repeat Child Predator Sentenced to More Than 10 Years in Prison

Source: United States Attorneys General 4

            WASHINGTON – Michael Otis-Currie, 27, of Adelanto, California, was sentenced today in U.S. District Court to 121 months in prison and 10 years of supervised release for accessing and viewing child pornography, announced U.S. Attorney Matthew M. Graves, FBI Special Agent in Charge Wayne A. Jacobs, of the Washington Field Office’s Criminal and Cyber Division, and Acting Chief Pamela Smith, of the Metropolitan Police Department (MPD).

            Otis-Currie pleaded guilty on September 11, 2022. According to court documents, on October 1, 2020, an undercover law enforcement officer (“UC”) entered the “you.ngshare” KIK group, a group that was designed for members to discuss the sexual abuse of children, and to  trade child pornography. The UC continued to monitor activity in the group over the next several days. Between October 1, 2020 and November 17, 2020, approximately 400 users joined the “you.ngshare” group. On October 18, 2020, a user later identified as the defendant posted a link to the group that contained approximately 2,250 image and video files depicting the sexual abuse of children. Many of these videos depicted the rape and physical torture of several young children. The folder shared by the defendant also contained a subfolder entitled “Incest,” which contained approximately 250 additional videos and images depicting child erotica and child pornography.

            Otis-Currie was previously convicted in California in 2019 of possession or control of child pornography and was on supervised probation when he committed the instant offense. A law enforcement search of the defendant’s phone revealed additional saved video and image files depicting the sexual abuse of children. The defendant admitted that he was a member of different online groups in which child pornography was discussed and shared.

            This case was brought as part of the Department of Justice’s Project Safe Childhood initiative and investigated by the FBI’s Child Exploitation Task Force, which includes members of the FBI’s Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney’s Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

            This investigation also received valuable assistance from Los Angeles Field Office – Victorville Resident Agency. It was prosecuted by Assistant U.S. Attorney Janani Iyengar and Assistant U.S. Attorney Rachel Forman, of the Child Exploitation and Human Trafficking Section of the U.S. Attorney’s Office for the District of Columbia.

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Justice Department Announces First Criminal Resolution Involving the Illicit Sale and Transport of Iranian Oil in Violation of U.S. Sanctions

Source: United States Department of Justice

            WASHINGTON – The Justice Department announced today the successful disruption of a multimillion-dollar shipment of crude oil by the Islamic Revolutionary Guard Corps (IRGC), a designated foreign terrorist organization, that was bound for another country. This is the first-ever criminal resolution involving a company that violated sanctions by facilitating the illicit sale and transport of Iranian oil and comes in concert with a successful seizure of over 980,000 barrels of contraband crude oil.

            According to court documents, on April 19, 2023, Suez Rajan Limited pleaded guilty to conspiring to violate the International Emergency Economic Powers Act (IEEPA). On that same date, the company was sentenced by U.S. District Court Judge Carl J. Nichols for the District of Columbia to three years of corporate probation and a fine of almost $2.5 million. In addition, pursuant to a deferred prosecution agreement (DPA) and a seizure warrant issued by the U.S. District Court for the District of Columbia, Empire Navigation, the operating company of the vessel carrying the contraband cargo, agreed to cooperate and transport the Iranian oil to the United States – an operation which has now concluded. Empire Navigation incurred the significant expenses associated with the vessel’s voyage to the United States.

            The contraband cargo is now the subject of a civil forfeiture action in the U.S. District Court for the District of Columbia. The United States’ forfeiture complaint alleges that the oil aboard the vessel is subject to forfeiture based on U.S. terrorism and money laundering statutes. The complaint alleges a scheme involving multiple entities affiliated with Iran’s IRGC and the IRGC-Qods Force (IRGC-QF) to covertly sell and transport Iranian oil to a customer abroad. Participants in the scheme attempted to disguise the origin of the oil using ship-to-ship transfers, false automatic identification system reporting, falsified documents, and other means. The complaint further alleges that the charterer of the vessel used the U.S. financial system to facilitate the transportation of Iranian oil.

            The complaint further alleges that the oil constitutes the property of, or provided a “source of influence” over, the IRGC and the IRGC-QF, both of which have been designated by the United States as foreign terrorist organizations, and that the oil facilitated money laundering. The documents allege that profits from oil sales support the IRGC’s full range of malign activities, including the proliferation of weapons of mass destruction and their means of delivery, support for terrorism, and both domestic and international human rights abuses.

            Funds successfully forfeited with a connection to a state sponsor of terrorism may in whole or in part be directed to the U.S. Victims of State Sponsored Terrorism Fund.

            HSI Washington D.C. and FBI’s Minneapolis Field Office are investigating the cases. Assistant U.S Attorneys Stuart D. Allen and Rajbir S. Datta for the District of Columbia prosecuted the criminal case and they, along with Assistant U.S. Attorney Brian Hudak, are litigating the civil forfeiture case. On both actions, they received assistance from Paralegal Specialists Brian Rickers and Legal Assistant Jessica McCormick. Former Assistant U.S. Attorney Michael Grady participated in prior phases of the investigation. The Counterintelligence and Export Control Section of the National Security Division is also prosecuting and litigating these matters. The Money Laundering and Asset Recovery Section of the Criminal Division provided significant assistance in this matter. The Department thanks United Against Nuclear Iran for its valuable assistance.

            A civil forfeiture complaint is merely an allegation. The burden to prove forfeitability in a civil forfeiture proceeding is upon the government.

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Two District Men Charged for September 6, 2023, Murder in Southwest Apartment Building

Source: United States Department of Justice

            WASHINGTON – Keshawn Lavender, 22, and Deandre Sams, 27, both of Washington, D.C., were presented in Superior Court yesterday on first degree felony murder while armed charges stemming from the homicide of 32-year-old Matthew Miller on September 6, 2023, in the Wharf neighborhood, in Southwest, Washington, D.C., announced U.S. Attorney Matthew M. Graves. 

            Lavender and Sams were arraigned before Magistrate Judge Judith Pipe on the charges in Courtroom C-10, D.C. Superior Court, where both entered pleas of not guilty. The court heard arguments and found probable cause to believe that the defendants committed first degree felony murder while armed. The court held the defendants without bond pending a preliminary hearing to be held on September 27, 2023, before Judge Anthony Epstein. 

            An arrest on a complaint is merely a formally charged allegation that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.

            In announcing the charge, U.S. Attorney Graves commended the work of those investigating the case from the Metropolitan Police Department (MPD) and the U.S. Attorney’s Office.

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Georgia Man Arrested for Assaulting Law Enforcement During Jan. 6 Capitol Breach

Source: United States Department of Justice

            WASHINGTON — A Georgia man has been arrested on felony and misdemeanor charges, including assaulting law enforcement, 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.

            Michael Bradley, 49, of Forsyth, Georgia, is charged in a criminal complaint filed in the District of Columbia with felony offenses of civil disorder and assaulting, resisting, or impeding certain officers. In addition to the felonies, Bradley is charged with several misdemeanor offenses, including knowingly entering or remaining in any restricted building or grounds without lawful authority; disorderly and disruptive conduct in a restricted building or grounds; engaging in physical violence in a restricted building or grounds; disorderly conduct in a Capitol building; and act of physical violence in the Capitol grounds or buildings.

            Bradley was arrested on Thursday, Sept. 7, 2023, in Forsyth, and made his initial appearance today in the Middle District of Georgia before Magistrate Judge Charles H. Weigle.

            According to court documents, between 4:00 p.m. and 4:30 p.m. on Jan. 6, 2021, an individual, later identified as Bradley, wearing a camouflage baseball cap, camouflage quilted jacket, and a pair of blue jeans, with a baton in a holster on his right hip, walked towards the U.S. Capitol and moved to the Lower West Terrace Tunnel, where law enforcement officers were amassed.

            As Bradley walked with other protesters to the U.S. Capitol, he passed fencing and barricades that showed that the Capitol grounds were restricted. Bradley then ascended the building’s steps to the Lower West Terrace. Bradley made his way to the mouth of the Tunnel and watched as others in the crowd assaulted a Metropolitan Police Department (MPD) officer.

            Court documents say that Bradley approached the Tunnel two times over a two-minute period with the intent of assaulting officers with his baton. At about 4:27 p.m., Bradley raised his baton and approached officers in the Tunnel in an apparent threat to strike them. However, he was sprayed with a chemical agent, which appeared to have caused him to temporarily retreat.

            Again, at approximately 4:28 p.m., CCTV and third-party video captured Bradley as he returned to the mouth of the Tunnel. This time, he swung at the officers with his baton in an apparent attempt to hit them. After swinging at the officers at least two times, Bradley moved to the side of the Tunnel.

            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 Middle District of Georgia.

            This case is being investigated by the FBI’s Atlanta and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 32 months since Jan. 6, 2021, more than 1,146 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 398 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.

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Indiana Man Arrested on Felony and Misdemeanor Charges Related to Actions During Jan. 6 Capitol Breach

Source: United States Department of Justice

            WASHINGTON — An Indiana 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.

            Gregory Mijares, 41, of Crown Point, Indiana, is charged in a criminal complaint filed in the District of Columbia with a felony offense of civil disorder. Mijares is also charged with misdemeanor offenses of entering or remaining in a restricted building or grounds and disorderly and disruptive conduct in any restricted building or grounds.

            Mijares was arrested today in Crown Point, Indiana, and made his initial appearance in the Northern District of Indiana.

            According to court documents, Mijares traveled to Washington, D.C., to protest the election and attend a rally held that day in support of the former President on Jan. 6, 2021. Following the rally, Mijares began walking with the crowd toward the U.S. Capitol and entered the grounds, wearing a gas mask. Mijares eventually made his way to the Lower West Terrace as he pursued retreating police officers. As officers attempted to fall back into the Lower West Terrace Tunnel, Mijares stood in their path and raised a flag over his head. Officers then attempted to remove Mijares from their path, and a physical altercation ensued between officers and Mijares.

            Capitol CCTV shows that Mijares was one of the first rioters to pursue police into the Tunnel, entering the archway at approximately 2:41 p.m. Body-worn camera footage and open-source video show Mijares as he approached a set of glass doors that police previously locked behind them as they moved further into the Tunnel. Moments later, rioters smashed one of the panes of glass in the doors. Mijares then held up his middle finger at officers before pulling open the now-broken door for others to push forward. Mijares then approached a second set of Tunnel doors just behind the first and pulled one open for his fellow rioters. Officers attempted to push Mijares back using a riot shield, and he responded by taking a step back and slamming his body into the shield.

            Other rioters then swarmed Mijares at the police line and began physically fighting officers as Mijares continued pushing against the riot shield. At some point, an officer struck Mijares with a baton while he was facing the shield wall. Mijares attempted to block the baton by raising his arms up in front of his head, eventually grabbing the baton.

            Mijares remained at the front of the line, pushing against police, until approximately 2:45 p.m. At approximately 2:52 p.m., Mijares exited the Tunnel only to reenter at about 3:11 p.m. Mijares then joined other rioters in a coordinated pushing “heave ho” effort against the police line for approximately several minutes.

            Between about 3:12 p.m. and 3:13 p.m., Mijares assisted other rioters in coordinating the passing of riot shields that had been taken from the police. Mijares then pushed further toward the front of the mob and engaged in another “heave ho” effort against the police line. After participating in this “heave ho,” Mijares made his way back to the Tunnel entranceway, where he exited at approximately 3:19 p.m.

            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 Northern District of Indiana.

            This case is being investigated by the FBI’s Indianapolis and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 32 months since Jan. 6, 2021, more than 1,146 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 398 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.