Category: Office of United States Attorneys

Source: Office of United States Attorneys

Earlier today, at the federal courthouse in Brooklyn, two indictments were unsealed charging six defendants with defrauding court-appointed criminal defense attorneys.  As alleged in the indictments, the defendants deposited stolen checks intended to reimburse the attorneys for their time and expenditures representing indigent defendants in federal court.  Three defendants also allegedly stole the identity of an attorney and opened bank accounts using the attorney’s stolen identity.  Five defendants are scheduled to be arraigned this afternoon before United States Magistrate Judge Taryn A. Merkl at the federal courthouse in Brooklyn.  One defendant is still at large.

Today’s indictments are the first charges brought in the government’s ongoing criminal investigation into the widespread theft and depositing of checks issued to participants in the federal criminal justice system.  The investigation has identified over $1 million in checks issued by the Department of the Treasury on behalf of the Administrative Office of the United States Courts that have been stolen and deposited into unauthorized accounts since 2021.  The intended recipients of these checks include court-appointed criminal defense attorneys, paralegals, investigators, translators, court reporters, and jurors.

Breon Peace, United States Attorney for the Eastern District of New York, Daniel Brubaker, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS) and Tammy Whitcomb Hull, Inspector General, United States Postal Service Office of Inspector General (USPS OIG) announced the charges.

Mr. Peace expressed his appreciation for the New York City Police Department and United States Marshals Service for their assistance in this case.

Overview

The stolen checks charged in the two indictments were intended to pay private attorneys who serve on the Criminal Justice Act (CJA) Panel in the Eastern and Southern Districts of New York.  When a criminal defendant cannot afford an attorney, the court often appoints a member of the CJA Panel to handle the representation.  The Department of the Treasury issues checks to the CJA attorney on behalf of the Administrative Office of the United States Courts, which is sent by mail to the CJA attorney’s address of record.  In particularly complex criminal cases, reimbursement checks can exceed $100,000.  When a reimbursement check is lost or stolen, issuance of a replacement check typically takes several months—a process that leaves the CJA attorneys uncompensated for a significant time as they await a new check.

United States v. Tyquan Robinson, Ada Tavarez, and Markel Washington

As alleged in the indictment and court documents, Ada Tavarez impersonated a CJA attorney and then opened bank accounts using that CJA attorney’s stolen identity.  In or about June 2023, Tavarez presented fraudulent identification documents to a bank teller with the CJA attorney’s personal data, including a driver’s license with Tavarez’s photograph along with the CJA attorney’s name and birthdate.  On the account opening paperwork, Tavarez listed a fraudulent email account containing the CJA attorney’s personal identifiers in the email account name.

After the bank opened the accounts in the name of the CJA attorney, Tavarez returned to the branch several days later.  She then attempted to deposit a stolen $125,386.81 check containing a forged signature for the CJA attorney.

The defendants Markel Washington and Tyquan Robinson facilitated this scheme with Tavarez.  Washington accessed the fraudulent bank accounts online.  When the bank placed a hold on the check, Washington made several calls to the bank asking that the funds be released.  Also, saved in Washington’s iCloud account were several versions of the same photograph of Tavarez printed on the fraudulent driver’s license with the CJA attorney’s name and personal data. 

Robinson contributed to this scheme by accessing the fraudulent email account that had been created using the CJA attorney’s personal identifiers and submitted to the bank at account opening.  Robinson also listed his telephone number as the fraudulent email account’s recovery telephone number.  In addition, a note in Robinson’s iCloud account contained the CJA attorney’s personal data.

The defendants have been charged with bank fraud and conspiracy to commit wire fraud and bank fraud.  Tavarez has also been charged with one count of aggravated identity theft.

United States v. Nicholas Barton, et al.

As alleged in the indictment and court documents, between at least November 2020 and October 2022, the defendants Nicholas Barton, Richard Reid and a third co-defendant participated in a scheme to cash checks issued to third parties into accounts over which the defendants had access and control.  One of the stolen checks they deposited was issued to a CJA attorney in the amount of $14,856.  After the CJA attorney’s stolen check was cashed in Reid’s bank account, all three defendants benefited from its proceeds, by withdrawing cash from ATMs, making purchases at stores and restaurants, transmitting payments among each other and to others through cash transfer mobile applications, and booking flight tickets.  Each defendant has been charged with conspiracy to commit wire fraud and bank fraud; wire fraud; and bank fraud.

The charges in the indictments are merely allegations, and the defendants are presumed innocent unless and until proven guilty.

Assistant United States Attorney James R. Simmons is in charge of the prosecutions, with assistance from EDNY Special Agents Anthony Cunder and Rebecca Sidhu. 

The Defendants:

TYQUAN ROBINSON
Age:  29
East Orange, New Jersey

ADA TAVAREZ
Age:  58
Bronx, New York

MARKEL WASHINGTON
Age:  28
Bronx, New York

E.D.N.Y. Docket No. 24-CR-51 (AMD) (LB)

NICHOLAS BARTON
Age:  27
Brooklyn, New York

RICHARD REID
Age:  26
New York, New York

E.D.N.Y. Docket No. 24-CR-49 (NRM)(RML)

# # #

Source: Office of United States Attorneys

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Timothy Chischilly pleaded guilty in federal court to second degree murder. Chischilly, 53, of Mexican Springs, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.

Chischilly and his co-defendant, Stacey Yellowhorse, were indicted by a federal grand jury on Aug. 11, 2020. According to publicly available court documents, Chischilly and Yellowhorse, his then girlfriend, invited Jane Doe to sleep over at Chilschilly’s house within the exterior boundaries of the Navajo Nation on the night of Jan. 23, 2020. During the night, Chischilly and Yellowhorse killed Jane Doe by nailing her to the floor, hammering a nail into her head, and bludgeoning her to death. Afterwards, Chischilly and Yellowhorse burned Jane Doe’s body and spread the remains at different locations.

Chischilly confessed to the murder to his family days later.

At sentencing, Chischilly faces up to life in prison.

Yellowhorse remains in custody pending trial, which is currently scheduled for March 25, 2024.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and the Gallup Police Department.   Assistant U.S. Attorneys Kimberly Brawley and Tavo Hall are prosecuting the case.

# # #

 

24-62

Source: Office of United States Attorneys

BOSTON – A Haverhill man with multiple prior felony convictions, including manslaughter, pleaded guilty today in federal court in Boston to possessing a loaded firearm and drugs intended for distribution.

Ramon Silvelo-Miles, 34, pleaded guilty to one count of possession with intent to distribute cocaine and fentanyl, and one count of possession of a firearm in furtherance of a drug trafficking crime. U.S. District Court Judge Dennis F. Saylor IV, scheduled sentencing for May 9, 2024. Silvelo-Miles was charged by criminal complaint in January 2022.

In the early morning hours of Sept. 20, 2021, Silvelo-Miles was stopped by law enforcement for driving erratically on Route 24 in West Bridgewater. Field sobriety tests administered on-site indicated that Silvelo-Miles was too impaired to drive. A subsequent search of the defendant’s car uncovered over 200 grams of cocaine and 9 grams of fentanyl packaged in small, clear plastic bags in a small backpack inside the glove compartment. Hidden by the defendant next to the backpack in the glove compartment was a Raven Arms MP-25 .25 caliber pistol within a black sock. The gun was loaded with one bullet in the chamber and five bullets in the magazine. Silvelo-Miles is prohibited from possessing a firearm due to multiple prior felony convictions including a 2014 conviction for manslaughter. 

The charge of possession with intent to distribute cocaine and fentanyl provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. The charge of possession of a firearm in furtherance of a drug trafficking crime provides for a minimum mandatory sentence of five years in prison, up to life, which must be served consecutively with any other term of imprisonment imposed in the case, five years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Acting United States Attorney Joshua S. Levy and James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement. Assistant U.S. Attorney Fred Wyshak, III of the Organized Crime & Gang Unit is prosecuting the case.

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.

Source: Office of United States Attorneys

           WASHINGTON — A New York 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.

          Aaron Donald Sauer, 43, of Syracuse, New York, is charged in a criminal complaint filed in the District of Columbia with felony offenses of civil disorder, knowingly entering or remaining in any restricted building or grounds with a deadly or dangerous weapon, disorderly conduct in any restricted building or grounds with a deadly or dangerous weapon, and assaulting, resisting, or impeding certain officers.

          In addition to the felonies, Sauer is charged with several misdemeanor offenses, including destruction of government property, knowingly engaging in act of physical violence in any restricted building or grounds. disorderly conduct on Capitol grounds, act of physical violence on Capitol grounds, parading, demonstrating, or picketing in a Capitol building.

          Sauer was arrested today by the FBI in Syracuse and will make his initial appearance in the Northern District of New York.

          According to court documents, Sauer, a Central New York Proud Boys Chapter member, traveled to Washington, D.C., on Jan. 6, 2021, to attend a rally at the Ellipse. Sauer was identified in open-source video footage marching with other members of the Proud Boys toward the U.S. Capitol building. He was later identified as present among a crowd of rioters amassed on the Lower West Terrace. Sauer wore a BulletSafe bulletproof vest, Kevlar gloves, and a balaclava, among other items.

          Court documents say that at approximately 2:31 pm, while on the Lower West Terrace, Sauer sprayed a chemical agent, consistent with the pepper spray, toward a line of police officers. Sauer was also identified in open-source media kicking, pushing, and damaging portions of a fixed black metal fence on the Lower West Terrace. After destroying a portion of the fixed black metal fence, Sauer can be seen in video footage moving and stacking bike rack barricades.

          Following the day’s events, Sauer wrote of his exploits, “We were the front line for storming the cap. Fought through five police blockades. Took some.”

          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 New York.

          This case is being investigated by the FBI’s Albany 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

            WASHINGTON – Keenan Smith, 42, of Washington, D.C., pleaded guilty today to one count of second-degree cruelty to children and one count of felony strangulation for an assault on a child which took place in Washington, D.C., on November 17, 2023, announced U.S. Attorney Matthew Graves.

            U.S. Superior Court Judge Lynn Leibovitz set a sentencing date of April 5, 2024. Smith faces a sentence of up to five years for felony strangulation and up to 10 years for second-degree child cruelty to children. The prison term will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

            According to the government’s evidence, on November 17, 2023, Smith grabbed the child by his throat, using both of his hands, and slammed the child to the floor, causing the child to hit the back of his head.  The defendant strangled the child by squeezing the child’s throat with both of his hands, restricting the normal circulation of blood, and breathing of the child.  Smith strangled the child until he lost hearing and vision and blacked out. 

            Smith fled the scene and was arrested the next month pursuant to an arrest warrant.  He has been in custody since January 23, 2024, where he will remain until sentencing.

            This case is being investigated by the Metropolitan Police Department.

            The case is being prosecuted by Assistant U.S. Attorney Molly K. Smith of the Domestic Violence Unit of the U.S. Attorney’s Office for the District of Columbia.

Source: Office of United States Attorneys

CHARLOTTE, N.C. – Johnnie Franklin Sullivan, Sr., 73, of Mooresville, N.C., appeared before U.S. Magistrate Judge Susan C. Rodriguez today and pleaded guilty to workers’ compensation fraud for a job-connected injury, announced Dena J. King, U.S. Attorney for the Western of North Carolina.

Jeff Krafels, Special Agent in Charge of the United States Postal Service, Office of the Inspector General (USPS OIG) for the Mid-Atlantic Area Field Office (MAAFO), which oversees Charlotte, joins U.S. Attorney King in making today’s announcement.

According to filed court documents and today’s plea hearing, Sullivan, Sr. was employed by the U.S. Postal Service as a mail processing clerk in Charlotte. In May 2005, Sullivan, Sr. sustained an injury at work. Later that year, Sullivan, Sr. began to receive workers’ compensation benefits administered by the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP) for employees covered by the Federal Employees’ Compensation Act (FECA). In order to receive and maintain FECA benefits, Sullivan, Sr. was required to submit periodic reports regarding his physical condition and his inability to perform a Postal Service job.

Court documents show that, on multiple occasions, Sullivan, Sr. made false statements and material misrepresentations regarding his physical abilities and medical restrictions. Among the false claims Sullivan, Sr. made was that he was unable to sit for long periods of time, that he could only drive short distances, that he needed to use a cane when he walked, and that he was unable to travel or engage in hobbies and other recreational activities due to his medical condition. As a result of the false statements, over the years Sullivan, Sr. received payments totaling more than $103,261.

According to court records, during the time that Sullivan, Sr. made these false claims, he was posting on social media photos of his many long-distance trips and physically rigorous activities. For example, Sullivan, Sr. posted photos of himself traveling to places in Europe and the United States; walking long distances over different types of terrain; ziplining in Niagara Falls, New York; using surf boards and boogie boards during beach vacations; and participating in shag dancing events.

“For years, Sullivan, Sr. lied about his pain and suffering caused by an on-the-job injury to bilk the federal workers’ compensation program out of thousands of dollars, and used the funds to pay for recreational activities,” said U.S. Attorney King. “When individuals defraud an important program meant to protect injured federal workers, my Office will make sure they are held accountable for their actions.”

“Most postal employees who collect workers’ compensation benefits have legitimate claims. A small percentage, however, abuse the system and cost the Postal Service millions of dollars in fraudulent claims and enforcement costs. Therefore, USPS OIG Special Agents will continue to relentlessly pursue those identified as fraudulently collecting workers’ compensation funds from the Postal Service,” said USPS OIG Special Agent in Charge Krafels.

Sullivan, Sr. pleaded guilty to making a false report in connection with federal compensation benefits and theft of government funds. He was released on bond after the court hearing. A sentencing date has not been set.

The USPS OIG investigated the case. Assistant U.S. Attorney Kenneth M. Smith of the U.S. Attorney’s Office in Charlotte is in charge of the prosecution.

 

Source: Office of United States Attorneys

SPARTANBURG, S.C. — William Michael Hall, of Union, was sentenced to 20 years in federal prison after pleading guilty to conspiracy to distribute fentanyl and methamphetamine. Hall had been released from federal prison in April of 2020, following a 10-year sentence for a previous federal drug offense, and was still on federal supervised release at the time of the incident.

Evidence presented to the court showed that in early 2021, agents with the Drug Enforcement Administration learned that Hall was receiving large shipments of drugs through the mail. Additionally, agents seized telephone messages between Hall and a drug distributor in Ohio showing that Hall had been supplying the distributor with large quantities of fentanyl and other drugs since at least August of 2020. Finally, on July 29, 2021, deputies with the Spartanburg County Sheriff’s Office intercepted a courier Hall had recruited to transport drugs from Atlanta. A search of the courier’s vehicle revealed approximately one kilogram of fentanyl and five kilograms of methamphetamine. Deputies also determined that Hall was traveling in tandem with the courier in a nearby vehicle.   

United States District Judge Donald C. Coggins sentenced Hall to 210 months imprisonment, to be followed by a five-year term of court-ordered supervision. Furthermore, because Hall was on federal supervised release at the time of his offense, the court sentenced him to serve an additional 30 months in prison consecutive to the sentence imposed, bringing his total sentence to 20 years. There is no parole in the federal system.  

This case was investigated by the Drug Enforcement Administration, the United States Postal Inspection Service, and the Spartanburg County Sheriff’s Office. Assistant U.S. Attorney Chris Schoen is prosecuting the case.

###

Source: Office of United States Attorneys

Rochester, N.Y.-U.S. Attorney Trini E. Ross announced today that Eugene R. Criss, Jr., 55, of Elmira, NY, who was convicted of possession of child pornography by an individual with a prior sex offense conviction, was sentenced to serve 120 months in prison  by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that in July 2013, Criss was convicted of Criminal Sex Act – 1st Degree – Victim Less Than 11 Years Old. On April 5, 2023, Criss possessed a cellphone, a thumb drive, a tablet, and a laptop, which contained over 1,000 images and videos of child pornography, some of which depicted prepubescent children engaged in sexually explicit conduct and violence or the sexual abuse of an infant or toddler.

The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.

# # # #

Source: Office of United States Attorneys

GREENVILLE, S.C. — Michael Earl Mashburn, 49, of Travelers Rest, was sentenced to more than seven years in federal prison after pleading guilty to being a felon in possession of a firearm.

Evidence presented to the court showed that in the early morning hours of July 2, 2022, the Greenville County Sheriff’s Office was called to investigate reports of a suspicious person at a residence in Travelers Rest. Greenville County deputies responded and found Mashburn sleeping in his car in the homeowner’s driveway. Mashburn woke up and told the deputies he did not know how he arrived at that location. As Mashburn stepped out of the vehicle, deputies observed the handle of a gun protruding from his pocket. Deputies recovered a loaded .38 caliber handgun as well as small amounts of methamphetamine and fentanyl, and placed Mashburn under arrest. At the time of his arrest, Mashburn had previously been convicted of multiple felony offenses, including possession with intent to distribute methamphetamine, pointing-and-presenting a firearm, possession of a firearm by a person convicted of a violent crime, failure to stop for blue lights and multiple instances of burglary, larceny, possession of a stolen vehicle, and possession of various drugs.

United States District Judge Henry M. Herlong sentenced Mashburn to 92 months imprisonment, to be followed by a three-year term of court-ordered supervision.  There is no parole in the federal system.

This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case was investigated by the Bureau of Alcohol Tobacco Firearms and Explosives and the Greenville County Sheriff’s Office. Assistant U.S. Attorney Chris Schoen is prosecuting the case.

###

Source: Office of United States Attorneys

          WASHINGTON – A Wisconsin man was sentenced to prison on Tuesday, Feb. 6, 2024, 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.

          Riley Kasper, 25, of Pulaski, Wisconsin, was sentenced to 37 months in prison by U.S. District Court Judge Royce C. Lamberth for assaulting law enforcement officers during a civil disorder, a felony. Judge Lamberth also ordered Kasper to serve 24 months of supervised release and to pay restitution of $2,000.

          Kasper’s actions were documented by body-worn cameras from the Metropolitan Police Department, open-source video, and Kasper’s own postings, in which he boasted about his exploits and his assault on multiple officers. Kasper pleaded guilty in the District of Columbia on Sept. 15, 2023, to assaulting, resisting, or impeding certain officers or employees.

          According to court documents, on Jan. 6, 2021, starting at 1:50 p.m., Kasper sprayed an aerosol canister of bear spray toward law enforcement officers who were attempting to secure the Capitol building and grounds. That day, Kasper also communicated on social media with another individual, declaring, among other things:

          “I pepper-sprayed 3 cops so bad they got undressed and went home, gently brazed [sic] many others several times. I basically organized my own little militia and we f—-ing took over Congress.” He also wrote, “I mean the rest of the crowd gave support, but as you can see in that video it was my group that busted the first gate and kept chasing the cops down and pushing them back into the capital [sic].”

          The next day, Kasper communicated with another individual on social media, stating, “You charge that line and start spraying they start running for cover like you’re coming at them with an ak” and “there is definitely something satisfying about pepper spraying cops in riot gear and watching them run from you like a b— even though they have face masks, billy clubs and full fucking body armor.”         

          Kasper also wrote a message gloating: “As the day went on there were cops that started taking our advice and leaving, idk if they quit cause they wanted to make it home alive or if their commander let them. But yeah, one dude got pulled into the crowd and slammed on the ground on his back and his club, pepper spray, cuffs, radio everything got ripped from his belt, somehow I took out my baton and got right down in his face and screamed just go back home then stood up offered him a hand to get up and give him his radio back cause I had that lol and he turned and walked away and as far as I know left. I’m pretty sure dude thought he was gonna die that day lol.”

          Kasper was arrested on March 16, 2023, in Ashland, Wisconsin.

          After his arrest, Kasper was also recorded in a conversation from jail. In the conversation, Kasper described the image of himself holding the can of bear spray against officers as making him look “like a f—in badass.”

          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 Western District of Wisconsin and the U.S. Attorney’s Office for the Central District of California.

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

          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.