Category: Office of United States Attorneys

Source: Office of United States Attorneys

ROCHESTER, N.Y. — U.S. Attorney Trini E. Ross announced today that Brandon Hall, 23, of Rochester, NY, was charged by criminal complaint with possessing 15 or more unauthorized access devices. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that since August 2018, the FBI has been investigating an illicit online marketplace known as Genesis Market, whose operators compile stolen data, such as computer and mobile device identifiers, email addresses, usernames, and passwords, from malware-infected computers around the globe and package it for sale on the market. Purchases made through Genesis Market are conducted using virtual currency, such as bitcoin.

According to the complaint, between November 2019, and February 2021, Hall purchased 12 packages on Genesis Market that included approximately 1,100 stolen account credentials. The stolen credentials included accounts for Citi Bank, AT&T, Venmo, Twitter, Netflix, LinkedIn, Spotify, Hulu, Google, Paypal, Microsoft, Yahoo, Walmart, Target, and Amazon accounts. In May 2023, investigators executed a search warrant and seized Hall’s cell phone. An analysis of the phone recovered information regarding Hall’s activity on Genesis Market.

Hall will make an initial appearance before U.S. Magistrate Judge Mark W. Pedersen on February 7, 2024, at 2:15 p.m.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.     

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Source: Office of United States Attorneys

            WASHINGTON — Two men from Georgia have been arrested on felony and misdemeanor charges, including for assaulting law enforcement 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.

            Cepane Sarty, 38, of Marietta, Georgia, and Seth Sarty, 45, of Rockmart, Georgia, are charged in a criminal complaint filed in the District of Columbia with a felony offense of assaulting, resisting, or impeding certain officers.

            In addition to the felonies, both men are charged with misdemeanor offenses of 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, engaging in an act of physical violence in the grounds or any of the Capitol buildings; and parading, demonstrating, or picketing in a Capitol building.

            Court documents state that Cepane and Seth are brothers. The two were arrested on Monday, Feb. 5, 2024, by the FBI in Georgia.

            According to court documents, the Sarty brothers were present on the Capitol grounds and inside the Capitol building on Jan. 6, 2021. The two entered the Capitol building via the Senate Wing Door at approximately 2:21 p.m., less than 10 minutes after the initial breach in the area. The brothers then made their way to the Crypt and toward the Memorial Door, gathering with a group of rioters confronting a police line. By 2:32 p.m., the group of rioters, including the Sarty brothers, had broken through the police line and gained access to the House side of the building.

            The brothers then made their way to and entered the office suite of the Speaker of the House. The two then entered the Rotunda and soon exited after coming in contact with a chemical agent. The brothers briefly exited the Capitol via the Rotunda doors only to return and re-enter the building at 3:04 p.m. The defendants then made their way back into the Rotunda and encountered a police line of law enforcement officers from the Metropolitan Police Department and U.S. Capitol Police attempting to clear the area. The brothers then made their way to the front of the police line. Police then began a push to clear rioters from the Rotunda and were actively resisted and obstructed by the rioters, including Cepane and Seth.

            At about 3:09 p.m., the brothers stood at the front of the mob of rioters resisting police and began assaulting officers. Body-worn camera and Closed-circuit television (CCTV) footage capture the pair shoving officers and temporarily driving them back. Court documents say that for the next nineteen seconds, Seth and Cepane continued to fight with police, preventing the police from clearing the Rotunda of rioters. Police then deployed a chemical riot control agent in the direction of the defendants, causing the brothers to exit the Capitol through the Rotunda doors at 3:13 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 Georgia.

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

In the 37 months since Jan. 6, 2021, more than 1,313 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 469 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.

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: Office of United States Attorneys

CINCINNATI – A father and daughter have each been convicted of federal crimes related to financial fraud.

India Cook, 37, of Cincinnati, pleaded guilty in U.S. District Court today to four counts of making false statements on COVID-relief loan applications.

Rodney Cook, 56, of Cincinnati, pleaded guilty in August 2023 to two counts of making false statements on COVID-relief loan applications and Department of Housing and Urban Development (HUD) documents.

According to court documents, in 2020 and 2021, India Cook filed fraudulent applications for COVID-19 Economic Injury Disaster loans (EIDL) and Paycheck Protection Program (PPP) loans.

Specifically, she submitted applications that were false and contradicted each other for several different companies, including C&H Tax Service, ADMR Shoes, Tax Lab LLC and Care 4 U. India Cook ultimately received nearly $144,000 in fraudulent loans.

Rodney Cook prepared and submitted an application for AMP Clothing LLC (his daughter’s company) to receive pandemic related funds. AMP Clothing was not operating and did not have any employees or revenue at the time. He ultimately received and fraudulently spent more than $205,000 in EIDL and PPP loans.

In a separate scheme, Cook purchased rental properties through a Department of Housing and Urban Development (HUD) program that was exclusively for owner-occupants who planned to live in the purchased property. Cook used “straw buyers” to purchase HUD properties in Cincinnati that he then rented out.

Rodney Cook was sentenced in January 2024 to pay full restitution, a $7,500 court fine and to serve three years of probation. India Cook will be sentenced at a later date.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Karen Wingerd, Acting Special Agent in Charge, Internal Revenue Service-Criminal Investigation (IRS-CI); the department of Housing and Urban Development-Office of Inspector General (HUD-OIG) and Cincinnati Police Chief Theresa A. Theetge announced the guilty plea entered today before U.S. District Judge Jeffery P. Hopkins. Assistant United States Attorney Timothy S. Mangan is representing the United States in this case.

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Source: Office of United States Attorneys

BOSTON – A Philadelphia woman has been sentenced to eight days in prison for conspiring to distribute kilos of fentanyl and heroin. The government recommended a sentence of 37 months in prison.

Elba Pena, 34, was sentenced on Feb. 1, 2024 by U.S. District Court Judge Allison D. Burroughs to time served (eight days) and three years of supervised release with one year to be served in home confinement. Pena pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute fentanyl and heroin. 

In November 2021, Pena traveled from Philadelphia to Methuen, Mass. to deliver two kilograms of heroin to a person she thought was a customer. Specifically, on Nov. 16, 2021, Pena met with an undercover officer posing as the purported customer at a commercial plaza in Methuen and delivered the heroin. Pena was immediately taken into custody. A subsequent search of Pena’s Philadelphia residence resulted in the recovery of nine kilograms of fentanyl. 

Acting United States Attorney Joshua S. Levy and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Assistant U.S. Attorney Samuel R. Feldman of the Narcotics & Money Laundering Unit prosecuted the case.

Source: Office of United States Attorneys

BOSTON – A Middleborough, Mass. man was sentenced to six days in prison for stealing and selling three firearms from FedEx packages he was responsible for delivering. The government recommended a sentence of 10 months in prison.

Frank P. O’Toole, 40, was sentenced on Feb. 2, 2024 by U.S. District Court Judge Angel Kelley to time served (six days) and three years of supervised release, during which period he must complete 250 hours of community service. On June 16, 2023, O’Toole pleaded guilty to two counts of possession or sale of a stolen firearm. 

O’Toole previously worked as a FedEx delivery truck driver at a facility in Middleborough. Between October 2021 and June 2022, O’Toole stole three packages sent from out-of-state which he was responsible for delivering, each containing a firearm – specifically, two rifles and a shotgun – intended for a Federal Firearms Licensee. O’Toole subsequently sold the three firearms to an undercover agent during two separate controlled purchases on Aug. 9, 2022 and Aug. 12, 2022.

Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives; and Middleborough Police Chief Joseph Perkins made the announcement today. Assistant U.S. Attorney Elianna J. Nuzum of the Major Crimes Unit prosecuted the case.

Source: Office of United States Attorneys

Driver Who Transported Alien in a Toolbox Also Found Responsible for Sexual Assault

TUCSON, Ariz. – Luis Carlos Ballesteros-Moreno, 43, of Hermosillo, Mexico, recently living in Tucson, was sentenced last week by United States District Judge John C. Hinderaker to 72 months in prison, followed by three years of supervised release. On September 20, 2023, Ballesteros-Moreno pleaded guilty to Transportation of Illegal Aliens for Profit Placing in Jeopardy the Life of Any Person.

On March 27, 2023, Ballesteros-Moreno was encountered by United States Border Patrol agents at the State Route 90 checkpoint. At the time, he appeared to be the only occupant of his vehicle, a Chevrolet Silverado pickup truck. Approximately an hour into the encounter, Ballesteros-Moreno informed agents that a female person was hidden inside a commercial-sized toolbox mounted in the truck bed. Upon opening the toolbox, agents discovered an 18-year-old female. She was determined to be an undocumented noncitizen that Ballesteros-Moreno was transporting for financial gain. The young woman reported to law enforcement that she had been sexually assaulted by Ballesteros-Moreno during the transportation.

During sentencing, evidence was presented substantiating the sexual assault. The judge found that Ballesteros-Moreno created a substantial risk of death or serious bodily injury via the method of transporting the young woman in the exterior toolbox, and that he sexually assaulted and involuntarily detained her during the transportation.

Customs and Border Protection’s United States Border Patrol, Tucson Sector, and the Cochise County Sheriff’s Department conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:            23-CR-00542-TUC-JCH  
RELEASE NUMBER:    2024-114_Ballesteros-Moreno

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.

Source: Office of United States Attorneys

CAPE GIRARDEAU – The U.S. Attorney’s Office announced that Tony Ray Waites, 47, of Piedmont, Missouri, was sentenced Tuesday by U.S. District Judge Stephen N. Limbaugh, Jr. to 30 years in federal prison for the offense of production of child pornography.

According to court documents, the investigation began in March 2022 when a then 11-year-old boy reported that he had been sexually abused by Waites on multiple occasions. The young boy further reported that he believed Waites recorded the abuse. The Wayne County Sheriff’s Office immediately obtained a search warrant for Waites’ residence.  When officers explained the nature of the investigation, Waites quickly grabbed a knife and cut himself in the throat. He was immediately rushed to the hospital for medical treatment, where his condition stabilized. Meanwhile, officers seized various electronic devices inside Waites’ residence. During an examination of the devices, officers discovered several videos depicting Waites engaging in sexual activity with the 11-year-old boy. The examination further revealed that Waites made sexually explicit recordings of nine additional young boys from the area. At his guilty plea hearing last November, Waites admitted that he produced the video recordings depicting the ten young boys engaging in sexually explicit conduct.

After serving the 30-year sentence, Waites will be placed on supervised release for the rest of his life. Waites will also be required to register as a sex offender.

This case was investigated by the Wayne County Sheriff’s Office and the Federal Bureau of Investigation. Assistant United States Attorney Jack Koester handled the prosecution for the government.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Department of Justice Criminal Division’s Child Exploitation and Obscenity Section, 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Source: Office of United States Attorneys

DEL RIO, Texas – A Fort Worth woman was sentenced in a federal court in Del Rio to 292 months in prison for her role in a conspiracy to import methamphetamine into the U.S.

According to court documents, Sally Renae Smith, 54, conspired with others to import 3.422 kilograms of methamphetamine which had a purity of 100%. Smith exchanged text messages with a co-conspirator trafficking methamphetamine into the U.S. from Mexico, instructing her to drive to her motel room in Del Rio once she made it through the point of entry.

Smith was arrested on September 8, 2020, and has remained in federal custody since her arrest. She pleaded guilty on July 21, 2021. Smith’s three co-conspirators also pleaded guilty and remain in federal custody awaiting sentencing.

“This prison sentence of more than two decades is indicative of how serious we are in dismantling these drug trafficking organizations,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Thank you to our partners at Homeland Security Investigations for their work in the investigation of this case. Importing illicit drugs into this country has severe consequences, which, alongside our law enforcement partners, we will enforce.”

“HSI will continue to aggressively pursue narcotics traffickers,” said Special Agent in Charge Craig Larrabee for the HSI San Antonio Division. “Our work is not done, and our resolve in attacking the drug trade is as strong as ever. HSI will continue to investigate, arrest and prosecute those involved in narcotics trafficking to keep our communities safe.”

HSI investigated the case.

Assistant U.S. Attorney Rex Beasley prosecuted the case.

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Source: Office of United States Attorneys

GREENSBORO –A Greensboro man pleaded guilty today to multiple firearms charges including one count of unlawfully dealing in firearms, one count of possession of a machinegun, and one count of trafficking in firearms, announced Sandra J. Hairston, United States Attorney for the Middle District of North Carolina.

According to court documents, in 2023, MAHMOUD MAZEN ABU-DAMES, 24, was trafficking privately made firearms (PMFs) and machinegun conversion devices (MCDs) online using Telegram, an internet based, online messaging application. ABU-DAMES advertised the sale of 3-D printed drop-in auto sears, which are devices designed and intended to convert semi-automatic rifles into fully automatic machineguns, as well as Glock conversion devices, commonly referred to as “switches,” which are used to convert Glock pistols into fully automatic machineguns. In August of 2023, an undercover agent (UC) began communicating with ABU-DAMES through Telegram about purchasing drop-in auto sears and Glock conversion devices. ABU-DAMES agreed to sell the UC four to five drop-in auto sears and one Glock conversion device. When ABU-DAMES learned the UC lived in the Greensboro area, he insisted on leaving the package on Palmetto Trail, a walking trail located off Old Battleground Road in Greensboro. ABU-DAMES also included four dosage units of Xanax and asked the UC to find a market for them.

After the first transaction, ABU-DAMES offered to sell the UC two AR-15 pistol variants, along with two drop-in auto sears to convert them to fully automatic machineguns. He also offered to sell the UC another Glock conversion device or “switch.” ABU-DAMES described both firearms as “ghost guns” and noted that they did not have serial numbers. When the UC met with ABU-DAMES to conduct the second transaction, the UC saw that one of the firearms still had a serial number on it. The UC informed ABU-DAMES that he planned to traffic the firearm to Mexico and ABU-DAMES requested that the UC obliterate the serial number before doing so to ensure it would not be traced back to him. During this transaction, the UC was accompanied by a confidential informant (CI) who was a convicted felon. When the UC asked ABU-DAMES if it was legal for the CI to possess a firearm, ABU-DAMES told the UC it was not legal for the CI to have a firearm as a convicted felon but suggested that it would be better for the CI to carry the PMF rather than the serialized firearm since it had no identifiable markings. A few weeks later, one final transaction was conducted. In that transaction ABU-DAMES demonstrated how to install a Glock conversion device.

On October 2, 2023, agents with the Bureau of Alcohol Tobacco, Firearms, and Explosives executed a search warrant at ABU-DAMES’ residence. Agents recovered three 3-D printers, numerous firearms, dozens of MCDs, and two unmarked plastic bags containing green and blue tablets, identical to the suspected Xanax that ABU-DAMES previously included during his transactions with the UC.

Sentencing is scheduled to take place on July 26, 2024, at 11:00 a.m. in Winston-Salem, North Carolina, courtroom #4, before United States District Judge Loretta C. Biggs. At sentencing, ABU-DAMES faces a maximum sentence of fifteen years in prison, a period of supervised release of at least three years, fines, and other monetary penalties.

This case was prosecuted under the new criminal provisions of the Bipartisan Safer Communities Act, which Congress enacted and the President signed in June 2022. The Act is the first federal statute specifically designed to target the unlawful trafficking and straw-purchasing of firearms.

The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Greensboro Police Department, and the Federal Bureau of Investigation in New Jersey and is being prosecuted by Assistant United States Attorney Nicole R. DuPré.

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Source: Office of United States Attorneys

           MONTGOMERY, ALABAMA – Today, Acting United States Attorney Jonathan S. Ross announced the sentencing of a Sandersville, Georgia woman for aiding and assisting in the filing of false tax returns. On February 2, 2024, a federal judge sentenced 44-year-old April Michelle Nesbitt to 33 months in prison. Federal inmates are not eligible for parole.

           According to her plea agreement and other court records, from 2015 to 2021, Nesbitt worked at Superior Tax Group in Montgomery, Alabama. There, Nesbitt filed federal income tax returns for clients. In her plea agreement, Nesbitt admitted that, on at least two occasions, she included false information on a client’s return. Doing so caused the taxpayer to receive greater refunds than he or she was entitled to receive. Specifically, Nesbitt included expenses on a client’s 2018 and 2020 tax returns related to a childcare business that did not exist. In addition to the prison sentence, the judge also ordered that Nesbitt pay restitution in the amount of $46,669 to the IRS.

           “Tax fraud is a major problem costing the American taxpayer millions each year,” said Acting United States Attorney Ross. “I encourage all taxpayers to review their returns and confirm that they recognize the information. If a tax preparer refuses to let you examine your tax return before it is filed, or if you review your tax return and see a business that is not yours or expenses you do not recognize, ask for clarification or seek a second opinion from a different return preparer.”

           “April Nesbitt used her position as a tax preparer to steal from the American people,” said Demetrius Hardeman, Acting Special Agent in Charge, IRS Criminal Investigation, Atlanta Field Office. “Tax preparers contemplating filing fraudulent tax returns should look at her sentencing as an example of what to expect after IRS Criminal Investigation special agents and our law enforcement partners discover their crimes.”

           For additional guidance, see the IRS fact sheet on their website at https://www.irs.gov/pub/irs-news/fs-08-10.pdf.

           IRS-Criminal Investigation investigated this case, which Assistant United States Attorney Megan A. Kirkpatrick prosecuted.