Category: Office of United States Attorneys

Source: Office of United States Attorneys

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

            Justin McAllister, 29, of Douglasville, 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, McAllister is charged with several misdemeanor offenses, including disorderly conduct in a Capitol building, entering and remaining in a restricted building or grounds, and parading, demonstrating, or picketing in a Capitol building. 

            McAllister was arrested on Jan. 28, 2024, by the FBI in LaGrange, Georgia, and made his initial appearance in the Northern District of Georgia.

            According to court documents, McAllister was identified in an open-source video posted to YouTube among a crowd of rioters who had gathered near a police line on the West Front of Capitol grounds on Jan. 6, 2021, as law enforcement officers attempted to prevent rioters from advancing towards the building. McAllister approached the police line holding a flagpole with a dark-colored flag that read “Jesus is My Savior” and “Trump is My President.” McAllister also carried with him a second flagpole. McAllister is then seen using both poles to repeatedly strike at Metropolitan Police Department (MPD) officers and made contact with the helmet of at least one officer holding the line. 

            Later, closed-circuit television footage showed McAllister entering the Capitol building through the Senate Parliamentarian Door at approximately 2:53 p.m. Surveillance footage and open-source video further depicted McAllister interacting with law enforcement while inside the Capitol. McAllister left the Capitol at approximately 3:02 p.m. via the North Door. 

            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 and Washington Field Offices, which identified McAllister as BOLO (Be on the Lookout) #429 on its seeking information photos. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 36 months since Jan. 6, 2021, more than 1,265 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 440 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

The Justice Department announced today that it filed a complaint and proposed consent decree in the U.S. District Court for the District of Maryland to resolve allegations that MedStar Health Inc., a leading health care provider in Maryland and the Washington, D.C., region, violated the Americans with Disabilities Act (ADA) by denying people with disabilities equal access to medical care by excluding their necessary support persons.

“For some people with disabilities, having a family member, aide or other support person by their side is critical to ensure they have the same access to health care as everyone else,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When health care providers impose visitor restrictions that do not appropriately account for the needs of people with disabilities, they may run afoul of the Americans with Disabilities Act. The Justice Department is committed to safeguarding the civil rights of people with disabilities, including ensuring equal access to medical care.”

“Patients are entitled to equal access to health care,” said U.S. Attorney Erek L. Barron for the District of Maryland. “We appreciate Medstar Health’s cooperation in this investigation and are pleased that Medstar Health has agreed to take comprehensive steps to ensure that patients with disabilities have the same opportunities to obtain medical care and services.” 

Some individuals with dementia, intellectual disabilities, autism spectrum disorder and other disabilities may require the assistance of a support person (such as a family member, companion or aide) to provide their medical history or understand medical directions when accessing medical care. The complaint alleges that MedStar Health failed on numerous occasions to modify its visitor restrictions so that people with certain disabilities which affected their ability to independently access medical care could be accompanied by their support persons. As a result, they were unable to receive equal care without the assistance of their support person. 

Under the proposed consent decree, which the court must approve, MedStar Health has agreed to pay a total of $440,000 to compensate multiple eligible affected individuals. MedStar Health will also revise its policies to ensure ADA compliance, train its workforce on the new policies and report to the department on any future exclusion of support persons, as defined in the decree. 

This matter was handled jointly by the department’s Civil Rights Division and the U.S. Attorney’s Office for the District of Maryland. Title III of the ADA requires private hospitals and other health care providers to provide individuals with disabilities with full and equal enjoyment of their goods and services.

For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov. If you believe you’ve been discriminated against, you may file a complaint online at www.civilrights.justice.gov/. Anyone in the District of Maryland may also report civil rights violations by emailing USAMD.Civilrightscomplaint@usdoj.gov.

Source: Office of United States Attorneys

A Mansfield, Texas man who used Snapchat to inappropriately communicate with 14-year-old boy was sentenced Friday to 210 months in federal prison, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.

Juan Aguilera Duran, 33, was charged via criminal complaint in May 2023 and was indicted in August 2023. He pleaded guilty in October 2023 to receipt of child pornography. He was sentenced Friday by U.S. District Judge Reed C. O’Connor, who also ordered the defendant to a lifetime of supervised release.

“Our dedicated federal prosecutors are committed to taking child predators like this defendant off the street,” said U.S. Attorney Simonton.  “We thank the Secret Service and Mansfield Police Department for their tireless efforts in investigating cases like this to keep the kids in our communities safe.”

“The Secret Service is committed to using our forensic and investigative capabilities to help catch criminals who prey on the most vulnerable among us,” said Christina Foley, Acting Special Agent in Charge of the U.S. Secret Service’s Dallas Field Office. “We are proud of the coordinated effort with our partners from the Mansfield Police Department and U.S. Attorney’s Office to ensure that justice was served.”

“The Mansfield Police Department values partnerships,” said Mansfield Chief of Police Tracy Aaron. “This case is a testament to the great work that occurs when agencies collaborate and work together for the common good to fight evil in our community. This particular unit is established to protect our most valuable and vulnerable, our kids. Job well done from the start to the finish.” 

According to court documents, on August 13, 2022, the Mansfield Police Department was dispatched to a residence in Mansfield, Texas to meet with a 14-year-old boy who received sexually explicit messages, images and videos via Snapchat from Mr. Duran. Search and arrest warrants were obtained that later resulted in Duran pleading Guilty to receiving Child Pornography.

Mr. Duran later pled guilty to receiving images of child pornography on his computer.

The Mansfield Police Department, Tarrant Co. District Attorney’s Office Digital Forensics and Technical Services, and Secret Service conducted the investigation. Assistant U.S. Attorney Brandie Wade prosecuted the case.

Source: Office of United States Attorneys

FORT WAYNE  – On January 25, 2024, Donald E. James, age 65, of Fort Wayne, Indiana, was sentenced by United States District Court Chief Judge Holly A. Brady after pleading guilty to bankruptcy fraud, announced United States Attorney Clifford D. Johnson.

James was sentenced to 24 months of probation.

According to documents in the case, on or about October 9, 2018, James lied in relation to his bankruptcy case filed in the United States Bankruptcy Court for the Northern District of Indiana. James falsely stated on the Voluntary Petition of Individuals Filing for Bankruptcy, that he had not  filed for bankruptcy within the last 8 years and falsely stated that he had received a briefing from an approved credit counseling agency within 180 days before the filing of the petition, both which were not true.    

This case was investigated by the Internal Revenue Service, Criminal Investigation Division with assistance from the Northern Indiana Bankruptcy Fraud Working Group coordinated by Region 10 U.S. Trustee Nancy J. Gargula. The case was prosecuted by Assistant United States Attorney Stacey Speith.

The United States Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws.  Region 10 is headquartered in Indianapolis with additional office in South Bend, IN and Peoria, IL.

Source: Office of United States Attorneys

Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendants Francisco Herrera Salas, age 43, from Barrigada, Guam and Joseph Mesa Babauta, age 48, from Agat, Guam, were sentenced each to serve 108 months in federal prison.  They were convicted of Attempted Possession with Intent to Deliver Methamphetamine Hydrochloride, in violation of 21 U.S.C. § 841(a)(1).  The Court also ordered both defendants to serve 3 years of supervised release following imprisonment and to pay a mandatory $100 special assessment fee.  In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits. 

In December 2020, federal agents intercepted three priority mail packages containing methamphetamine, one of which was addressed to “Frankie Salas.”  The Salas package contained 1,781 grams of methamphetamine, which was replaced with a sham substance.  During a controlled delivery, Salas claimed the package and drove to a location in Agat.  Agents were alerted that the package had been opened.  They also saw Babauta driving a vehicle away from the scene.  Agents then stopped the vehicle and found the sham substance from the Salas package on the front seat.  Soon after, agents stopped Salas in the same vehicle he used to pick up the package from the post office.  Both Babauta and Salas had clue spray on their hands and clothing, indicating they had opened the Salas package or handled the contents.

“The Postal Inspection Service continues to interdict drug trafficking in our mail system,” stated United States Attorney Anderson.  “We will aggressively prosecute those associated with this illicit activity.  As this case demonstrates, a conviction under federal law can result in substantial penalties.”

The United States Postal Inspection Services, Drug Enforcement Administration Los Angeles Field Division – Guam Office, and Guam Customs & Quarantine Agency investigated this matter. 

This case was prosecuted by Stephen F. Leon Guerrero and Benjamin K. Petersburg, Assistant United States Attorneys in the District of Guam.

Source: Office of United States Attorneys

Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Melvin John Salas Naputi, age 51, from Guam, was sentenced to 30 years imprisonment.  Naputi was charged and convicted of Attempted Possession with Intent to Deliver Fifty or More Grams of Methamphetamine Hydrochloride, in violation of 21 U.S.C. § 841(a)(1) and Felon in Possession of a Firearm and Ammunition, in violation of 18 U.S.C. §922(g)(1).  The Court also ordered 10 years of supervised release following imprisonment and a mandatory $200 special assessment fee.  In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits. 

On August 8, 2018, U.S. Marshals executed a federal arrest warrant for Naputi at a hotel room in Tumon, Guam.  A female accompanied Naputi at the room.  She was present as officers conducted a safety sweep, during which drug paraphernalia was found in plain sight.  The female admitted that there were illegal drugs and a firearm in the hotel room and consented to a more thorough search.  Law enforcement found 15 grams of methamphetamine in an ice bucket, 4.59 grams of methamphetamine in a pouch, cocaine, drug packaging material, drug paraphernalia, firearms, and ammunition as well as $7,405 in drug proceeds.  

On April 4, 2021, U.S. Postal Inspection Services (USPIS) intercepted a package addressed to “Tina Lay,” which contained 926 grams of methamphetamine with a purity level of 100%.  USPIS replaced the drugs with a sham substance and coordinated with task force officers for the delivery of the package to the addressed recipient.  The package was delivered to a mailbox and then picked up by a male riding a motorcycle.  It was tracked to a residence located in Mangilao, Guam.  Task force officers entered the home once package was opened.  Naputi climbed out of a window and ran away leaving behind his backpack, cell phones, the package, and the vehicle.  His backpack was found to contain $24,075 in cash, plastic baggies, three scales, calibration weights, and 821 grams of methamphetamine.  Two plastic bags on the front seat of the vehicle contained $71,000 in cash.

Naputi was arrested in July 2023.  He was found in possession of 3,442 grams of methamphetamine (roughly 7 ½ pounds) and $219,144 in cash, amounting to the illegal proceeds of drug distribution.  Law enforcement also seized vehicles, electronics, jewelry, and other miscellaneous items.

“Naputi was a serious threat to public safety in Guam,” stated United States Attorney Anderson.  “The outstanding work of our federal partners and Guam agencies brought this defendant to justice.  We will continue to focus federal resources to combat drug trafficking and firearm violations in an effort to protect our communities.”

“Organized trafficking of methamphetamine and other illegal drugs contributes to the unacceptable level of violence in Guam and the Northern Mariana Islands. Those who persist in engaging in dangerous criminal conduct despite determined efforts to dissuade them will be held accountable,” said Homeland Security Investigations Special Agent in Charge John F. Tobon. “Dismantling drug trafficking organizations and taking guns out of the hands criminals, is a critical part of our fight to reduce violent crime in our communities.”

“Following the issuance of a warrant of arrest, a comprehensive law enforcement effort was undertaken to locate and capture this fugitive.  During the fugitive investigation, credible information surfaced concerning this fugitive’s continuing criminal activity,” said Deputy U.S. Marshal, Pedro Patrick Cortez. “The United States Marshals Service is committed to capturing fugitives, disabling their criminal activity and keeping our community safe.” 

“Melvin Naputi was a fugitive for years and a drug dealer known for violence for years, if not decades,” said Resident Agent in Charge Kenneth L. Bowman. “It’s good that he will be off the streets of Guam for a long time.”

“Drugs and firearms make a very deadly combination to the safety of our communities,” said ATF Seattle Field Division Special Agent in Charge Jonathan E. Blais. “ATF will not stop in our mission of investigating those involved in actions such as these.  This sentence sends a strong message to Mr. Salas that this behavior will not be tolerated.”

“The FBI remains committed to working with our law enforcement partners to remove dangerous criminals who destroy and harm lives in our neighborhoods in Guam,” said FBI Special Agent in Charge Steven Merrill.  “Justice was served today as Naputi was sentenced for distribution of methamphetamine and being a felon in possession of firearms.”

“Postal inspectors are committed to keeping dangerous weapons and controlled substances like methamphetamine out of the mail and off the street in Guam and across the United States, ” said San Francisco Division Inspector-in-Charge Rafael Nuñez. “I would like to thank our law enforcement partners at the Guam Customs and Quarantine Agency, the Guam Police Department, and the federal government for sharing this responsibility with us.”

This case was a joint investigation conducted by United States Marshals Service, Homeland Security Investigations (HSI), Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration Los Angeles Field Division – Guam Office, Department of Homeland Security, United States Postal Inspection Services, Federal Bureau of Investigation, and the Guam Police Department.

The case was prosecuted by Rosetta L. San Nicolas, Assistant United States Attorney in the District of Guam.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

Source: Office of United States Attorneys

PORTLAND, Ore.—A local man is facing federal charges today after authorities intercepted an international parcel he had ordered containing MDMA and quantities of at least 16 different drugs and 42 firearms were found in and seized from his Gresham, Oregon home.

Riley James Hinds, 38, has been charged by criminal complaint with possessing with intent to distribute a controlled substance and possessing a firearm in furtherance of a drug trafficking crime.

According to court documents, on January 9, 2024, U.S. Customs and Border Protection (CBP) officers at Los Angeles International Airport seized an inbound package from the Netherlands containing approximately 2.5 pounds of MDMA. The package, addressed to “James Settler,” an alias used by Hinds to open a mailing box at a UPS Store in Gresham, was handed over to special agents from Homeland Security Investigations (HSI) in Portland for further investigation.

On January 26, 2024, investigators arrested Hinds and executed a federal search warrant on his residence. Investigators located and seized quantities of at least 16 different narcotics in Hinds’ residence including MDMA, Adderall, counterfeit Oxycodone, cocaine, ketamine, marijuana, psilocybin, ayahuasca, LSD, opium, morphine, DMT, mescaline, peyote, GHB, 5-MeO-DMT, and a mixture of unidentified pills. They also located and seized various drug processing tools and packaging materials, 42 firearms, four firearm suppressors, two unfinished ghost guns, and six sets of body armor.

Hinds made his first appearance in federal court today before a U.S. Magistrate Judge and was ordered detained pending further court proceedings.

This case was investigated by HSI, the U.S. Postal Inspection Service (USPIS), the Portland Police Bureau Narcotics and Organized Crime Unit (PPB-NOC), and the Oregon-Idaho High Intensity Drug Trafficking Area (HIDTA) Interdiction Task Force (HIT) with assistance from CBP. It is being prosecuted by Scott M. Kerin, Assistant U.S. Attorney for the District of Oregon.

A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.

Source: Office of United States Attorneys

CHARLOTTE, N.C. – Glynn Paul Hubbard, Jr., 46, of Charlotte, pleaded guilty today to wire fraud and money laundering charges for obtaining more than $1.2 million in fraudulent COVID-19 relief funds for himself and his customers, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.

Donald “Trey” Eakins, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division (IRS-CI), Charlotte Field Office, joins U.S. Attorney King in making today’s announcement.

According to filed plea documents, from March 31, 2020, to August 1, 2020, Hubbard, Jr. submitted fraudulent Paycheck Protection Program (PPP) and Economic Injury Relief Disaster Loan (EIDL) Program loan applications to the U.S. Small Business Administration (SBA) and SBA-approved lenders, seeking to obtain relief funds for himself and for other businesses, which Hubbard, Jr. referred to as “customers.” To obtain the relief funds for himself and his customers, Hubbard, Jr. falsified the loan applications and supporting documentation by including false financial information, fake employment data, and fraudulent tax returns. Of the $1.2 million in relief funds disbursed as a result of the scheme, Hubbard, Jr. received more than $570,000 for himself, and over $660,000 was disbursed to his customers.

According to court records, Hubbard, Jr. promoted the fraudulent scheme through personal referrals and in social media posts where he advertised that he was a PPP loan/EIDL consultant. Hubbard, Jr. received improper loan preparer fees for his consulting services totaling more than $150,000. To avoid detection, Hubbard, Jr. required customers to pay his fees in cash, via cashier’s checks, or wire transfers.

Following the plea hearing, Hubbard, Jr. was released on bond. The wire fraud charge carries a maximum prison sentence of 20 years. The maximum statutory penalty for the money laundering offense is 10 years in prison. A sentencing date has not been set.

In making today’s announcement, U.S. Attorney King thanked IRS-CI for their investigative work in the case.

Assistant U.S. Attorneys Caryn Finley and Cassye Cole with the U.S. Attorney’s Office in Charlotte are in charge of the prosecution.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with U.S. Attorneys’ Offices and agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866‑720‑5721 or via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

 

Source: Office of United States Attorneys

SANTA ANA, California – A Riverside County man was sentenced today to 144 months in federal prison for the armed robbery of a convenience store in Orange County – his tenth such robbery committed during a two-day crime spree in late 2022.

George Arizon, 28, of Corona, was sentenced by United States District Judge Cormac J. Carney, who also ordered him to pay $3,658 in restitution.

Arizon pleaded guilty in August 2023 to one count of interference with commerce by robbery (Hobbs Act) and one count of brandishing a firearm in furtherance of a crime of violence.

On November 8, 2022, Arizon robbed a 7-Eleven store in Westminster. During the robbery, he brandished a semi-automatic handgun and used it to threaten a store employee. In fear for his safety, the employee handed Arizon $80 in cash and two packs of cigarettes. This was the tenth robbery Arizon committed during a two-day spree.

In his plea agreement, Arizon admitted to committing nine other armed robberies of businesses – eight restaurants and one hair salon – in Santa Ana, Garden Grove, and Westminster over a span of two days. In each of those robberies, Arizon brandished a firearm to threaten and intimidate the businesses’ employees.

Police officers responding to calls about the Westminster robberies later recovered and retained a black sweatshirt, black hat, and mask that Arizon wore during the crimes, according to court documents. Officers also recovered the black semi-automatic handgun, with a gold-colored barrel, which had been discarded nearby. Security camera footage showed Arizon wearing this apparel, court documents state.

Arizon stole a total of $3,658 during his crime spree.

“[Arizon] repeatedly pointed a ghost gun at victims to force them to hand over the stores’ money,” prosecutors argued in a sentencing memorandum. “When investigators arrested him and searched his house, they found another firearm, ammunition, high-capacity magazines, spent shell casings, and drugs.”

The Bureau of Alcohol, Tobacco, Firearms and Explosives’ Orange County Violent Crime Task Force investigated this matter, and received assistance from the Santa Ana Police Department, the Garden Grove Police Department, and the Westminster Police Department.

Assistant United States Attorney Jena A. MacCabe of the Violent and Organized Crime Section prosecuted this case.

Source: Office of United States Attorneys

            WASHINGTON – Roberto McBean, 30, a Maryland resident, has been arrested on felony charges after robbing the same business in Georgetown multiple times while using a firearm. McBean is charged in an indictment, filed in the District of Columbia, with four felony counts of violating the Hobbs Act, which prohibits individuals from actual or attempted robbery which affects interstate commerce.

            As detailed in the indictment, from November 23, 2023 to January 8, 2024, McBean robbed the Glover Park Market located at 2411 37^th Street NW. During this timeframe, McBean robbed the market of over $1000, often using a handgun and ordering the store employee to give him the money from the register.

            Agents with the FBI’s Washington Field Office arrested McBean on Friday, January 26, 2024, following his indictment. He made his initial appearance in the District of Columbia on Monday, January 29, 2024, before the Honorable Judge G. Michael Harvey. A detention hearing is currently set for Thursday, February 1, 2024.

            This case is being prosecuted by Special Assistant United States Attorney Ryan Lipes and Assistant United States Attorney Omeed A. Assefi of the U.S. Attorney’s Office for the District of Columbia. This case is being investigated by the Metropolitan Police Department and the FBI.