Ohio man pleads guilty to federal drug crime

Source: United States Attorneys General

Headline: Ohio man pleads guilty to federal drug crime

HUNTINGTON, W.Va. – An Ohio man who sold crack to an informant in September 2016 pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Stephen Somon, 44, of Ironton, entered his guilty plea to aiding and abetting the distribution of crack. U.S. Attorney Stuart commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

“If you sell your poison in Huntington, you’re making a big mistake, and it will cost you dearly,” said U.S. Attorney Stuart. “We’re taking back the streets of Huntington and the only hospitality we are offering drug dealers is a long stay in a prison cell, and that cell doesn’t come with turn down service or a chocolate on the pillow.”

On September 13, 2016, law enforcement used a confidential informant to arrange a drug deal for crack in the area of the Little Caesar’s on 1st Street in Huntington. Somon admitted that he arrived and gave the informant crack in exchange for $850. As part of the plea agreement, Somon also admitted that he allowed others to reside at his residence for the purpose of distributing crack. 

Somon faces up to 20 years in federal prison when he is sentenced on May 29, 2018.

Assistant United States Attorneys Joseph F. Adams and Stephanie S. Taylor are handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.

This prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.

Operator Of Bitcoin Investment Platform Charged With Perjury And Obstruction Of Justice

Source: United States Attorneys General

Headline: Operator Of Bitcoin Investment Platform Charged With Perjury And Obstruction Of Justice

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced that JON E. MONTROLL, a/k/a “Ukyo” was taken into federal custody today for giving false sworn testimony and false documentation to the staff of the New York Regional Office of the Securities Exchange Commission (“SEC”).  The defendant is expected to be presented this afternoon in U.S. District Court for the Northern District of Texas, before U.S. Magistrate Judge Jeffrey L. Cureton.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “SEC investigations rely on learning the full and accurate facts concerning financial markets and products.  As alleged, the defendant repeatedly lied during sworn testimony and misled SEC staff to avoid taking personal responsibility for the loss of thousands of his customers’ bitcoins.  These charges signify that we will use the full force of the federal criminal law to protect the integrity of the SEC’s investigative process.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said:  “As alleged, Montroll committed a serious crime when he lied to the SEC during sworn testimony.  In an attempt to cover up the results of a hack that exploited weaknesses in the programming code of his company, he allegedly went to great lengths to prove the balance of bitcoins available to BitFunder users in the WeExchange Wallet was sufficient to cover the money owed to investors.  It’s said that honesty is always the best policy – this is yet another case in which this virtue holds true.”

According to the allegations in the Complaint filed today in Manhattan federal court:[1]

JON E. MONTROLL operated two online bitcoin services: WeExchange Australia, Pty. Ltd. (“WeExchange”) and BitFunder.com (“BitFunder”).  WeExchange functioned as a bitcoin depository and currency exchange service.  BitFunder facilitated the purchase and trading of virtual shares of business entities that listed their virtual shares on the BitFunder platform.

During the summer of 2013, one or more individuals (the “Hackers”) exploited a weakness in the BitFunder programming code to cause BitFunder to credit the Hackers with profits they did not, in fact, earn (the “Exploit”).  As a result, the Hackers were able to wrongfully withdraw from WeExchange approximately 6,000 bitcoins, with the majority of those coins being wrongfully withdrawn between July 28, 2013, and July 31, 2013.  In today’s value, the wrongfully withdrawn bitcoin were worth more than $60 million.  As a result of the Exploit, BitFunder and WeExchange lacked the bitcoins necessary to cover what MONTROLL owed to users.

In November 2013, MONTROLL provided sworn testimony to the SEC’s New York Regional Office in connection with their investigation into the Exploit and BitFunder’s activities. In that testimony, MONTROLL denied that the Exploit had been successful, testifying that, “When [the Hackers] went to withdraw, the system stopped them because the amount was obviously causing issues with the system.”  MONTROLL later added that the software issue “was corrected immediately, whenever the system started having the problems, and I caught on to what was happening I’d say within a few hours.”

MONTROLL also produced to the SEC a screenshot purportedly documenting, among other things, the total number of bitcoins available to BitFunder users in the WeExchange Wallet as of October 13, 2013 (the “Balance Statement”).  The Balance Statement reflected “6,679.78 BTC” on hand as of that date.  In discussing the Balance Statement in his sworn testimony, MONTROLL explained that it represented “the collective pool of funds held for users on BitFunder. The collective pool of BTC held for users on BitFunder – users who transfer bitcoins to BitFunder, this is the total amount that’s being held by BitFunder of those users.”

Contemporaneous digital evidence, including chat logs and transaction data, revealed that the Balance Statement was a misleading fabrication.  Three days into the Exploit, MONTROLL had participated in an internet relay chat with another person (“Person-1”) in which he sought help in tracking down “Stolen coins.”  When that did not work, MONTROLL transferred some of his own bitcoin holdings into WeExchange to conceal the losses.  The Exploit, however, continued.  By the time of the Balance Statement, WeExchange actually held thousands of bitcoins less than MONTROLL had asserted through the false Balance Statement.

When confronted with that evidence during subsequent testimony, MONTROLL lied to SEC staff again.  While MONTROLL admitted that the Balance Statement was the product of his manual intervention in the WeExchange system, he claimed to have discovered the success of the Exploit only after the SEC had asked him about it during his first day of testimony and to have no knowledge of the chat with Person-1.

*                      *                      *

MONTROLL, 37, of Saginaw, Texas, is charged with two counts of perjury and one count of obstruction of justice. The perjury counts each carry a maximum penalty of five years in prison.  The obstruction of justice count carries a maximum penalty of 20 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Berman praised the outstanding work of the FBI.  He also thanked the SEC, which has filed civil charges against MONTROLL in a separate action.

The prosecution of this case is being overseen by the Office’s Securities and Commodities Fraud Task Force.  Assistant U.S. Attorney Andrew Thomas is in charge of the case.

The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation. 

Bronx Man Pleads Guilty In Manhattan Federal Court To Attempting To Provide Material Support To ISIS And Passport Fraud In Furtherance Of Terrorism

Source: United States Attorneys General

Headline: Bronx Man Pleads Guilty In Manhattan Federal Court To Attempting To Provide Material Support To ISIS And Passport Fraud In Furtherance Of Terrorism

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Edward C. O’Callaghan, Acting Assistant Attorney General for National Security, announced that SAJMIR ALIMEHMETI, a/k/a “Abdul Qawii,” pled guilty to attempting to provide material support to the Islamic State of Iraq and al-Sham (“ISIS”), and to committing passport fraud in order to facilitate an act of international terrorism.  ALIMEHMETI pled guilty today to a Superseding Indictment in Manhattan federal court before U.S. District Judge Paul A. Engelmayer.   

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As he admitted in court today, Sajmir Alimehmeti took steps to travel overseas to support ISIS’s terror campaign.  He also bought military-type weapons and assisted another to get travel documents, equipment, and encryption technology to fight with ISIS in Syria.  Thanks to the FBI-NYPD Joint Terrorism Task Force, Alimehmeti now awaits sentencing for his admitted crimes in support of a terrorist organization.”

According to the allegations in the Superseding Indictment and the Complaint filed in this case, statements made during the plea proceeding, and other documents filed in the public record:

In October 2014, ALIMEHMETI attempted to enter the United Kingdom but was denied entry after U.K. authorities found camouflage clothing and nunchucks in his luggage.  About two months later, in December 2014, ALIMEHMETI was again denied entry into the United Kingdom, this time after U.K. authorities found that his cellphone contained images of ISIS flags.  Further forensic examination of the contents of the cellphone and ALIMEHMETI’s laptop computer showed numerous indicia of ALIMEHMETI’s support for ISIS, including a photograph of ALIMEHMETI with an ISIS flag in the background, images of ISIS fighters in the Middle East, a photograph of ALIMEHMETI making a gesture of support for ISIS, various files relating to jihad and martyrdom, and electronic communications in which ALIMEHMETI assisted another ISIS supporter in efforts to travel to Syria to join ISIS by providing contact information for an ISIS affiliate who could facilitate the travel.

After returning to the United States, ALIMEHMETI continued to support ISIS.  Among other things, ALIMEHMETI displayed an ISIS flag in his apartment in the Bronx and, in the course of recorded meetings with undercover law enforcement employees, ALIMEHMETI played multiple pro-ISIS propaganda videos on his computer and cellphone, including videos of ISIS fighters decapitating prisoners, and also indicated that he was interested in radicalizing other individuals in the Bronx area.  ALIMEHMETI also made repeated purchases of combat knives and other military-type equipment, including masks, handcuffs, a pocket chainsaw, a wire pocket saw, and a rucksack designed for tactical combat, which he stockpiled at his apartment in the Bronx.

In October 2015, ALIMEHMETI applied for a U.S. passport, falsely claiming in the application that his previous passport had been lost.  ALIMEHMETI later told an undercover law enforcement employee that his prior passport – which ALIMEHMETI showed to the undercover law enforcement officer – had not been lost and, instead, that he was applying for a new passport because he believed the rejection stamps in his existing passport resulting from his attempted entries into the United Kingdom would make it difficult to travel.  ALIMEHMETI further conveyed to undercover law enforcement personnel that he was seeking the new passport, without rejection stamps, to facilitate his travel overseas to join and fight for ISIS.

In May 2016, ALIMEHMETI attempted to assist an individual who was purportedly traveling from New York to Syria to train and fight with ISIS but who was actually an undercover law enforcement employee (the “UC”).  On May 17, 2016, ALIMEHMETI met with the UC in Manhattan.  The UC had purportedly arrived in New York earlier that day on a bus and was en route to John F. Kennedy International Airport (“JFK Airport”) to take an overseas flight later that night. 

ALIMEHMETI agreed to help the UC with several tasks prior to the UC’s purported travel.  ALIMEHMETI assisted the UC by locating stores so the UC could purchase supplies to use while traveling to, and fighting with, ISIS, including a cellphone, boots, a compass, a bag, and a flashlight, among other items.  ALIMEHMETI also gave the UC advice on which items to purchase and on the use of different kinds of encrypted communications services, including the service that ALIMEHMETI stated was currently being used by fellow ISIS supporters, whom ALIMEHMETI referred to as “the brothers.”  ALIMEHMETI also downloaded three encrypted communications applications on the UC’s newly purchased cellphone for use by the UC.   

Further, ALIMEHMETI assisted the UC in traveling from Manhattan to a hotel in Queens, so the UC could purportedly meet with an individual who was preparing travel documents that the UC would use to travel to Syria to join ISIS.  ALIMEHMETI gave the UC a piece of paper with his name and contact information, so the UC could provide that information to the purported document facilitator.  ALIMEHETI explained that he also wanted to travel to Syria and join ISIS, stating “I’m ready to . . . go with you man . . . you know I would.  I’m done with this place.”  After leaving the hotel in Queens, ALIMEHETI brought the UC to JFK Airport, via public transportation, so the UC could begin the purported journey to ISIS.  Within days of seeking to facilitate the UC’s travel to join ISIS, ALIMEHMETI indicated during a call to his brother in Albania that that he had learned of a new way to obtain a passport for his own travel (referring to the UC’s purported document facilitator), and that a “friend of mine” (referring to the UC) had “just [done] it two days ago.”

Following ALIMEHMETI’s arrest on the charges in this case in May 2016, the FBI executed a search of ALIMEHMETI’s Bronx apartment pursuant to a judicially authorized search warrant.  The FBI’s search of ALIMEHMETI’s apartment resulted in the seizure of, among other evidence, the following: (i) a laptop computer and a cellphone belonging to ALIMEHMETI that contain an array of materials further demonstrating his allegiance to ISIS and terrorist ideology, including images of the ISIS flag, photographs of ALIMEHMETI with an ISIS flag and making gestures supportive of ISIS, images of ISIS fighters overseas, and propaganda videos promoting and glorifying ISIS, including videos depicting ISIS fighters engaging in combat and beheading prisoners; (ii) a collection of combat knives and other military-type equipment that ALIMEHMETI had purchased and stored at his apartment, as discussed above; and (iii) an ISIS flag that was displayed on a wall in the apartment.

*                      *                      *

ALIMEHMETI, 24, of the Bronx, pled guilty to one count of attempting to provide material support or resources to a designated foreign terrorist organization, namely, ISIS, which carries a maximum sentence of 20 years in prison, and one count of making a false statement in an application for a U.S. passport with the intent to induce the issuance of a passport to facilitate an act of international terrorism, namely, traveling abroad to join, train with, and fight for ISIS, which carries a maximum sentence of 25 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.  Sentencing is scheduled for June 7, 2018, before Judge Engelmayer.   

Mr. Berman and Mr. O’Callaghan praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the NYPD, and the NYPD’s Intelligence Division.  Mr. Berman also thanked the Counterterrorism Section of the Department of Justice’s National Security Division, the Department of Justice’s Office of International Affairs, the Albania State Police, and the Metropolitan Police Service’s Counter Terrorism Command of London, United Kingdom.

This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit.  Assistant U.S. Attorneys Emil J. Bove III, George D. Turner, and Brendan F. Quigley are in charge of the prosecution, with assistance from Trial Attorneys Joseph Attias and Kiersten Korczynski of the National Security Division’s Counterterrorism Section.          

South Carolina Man Sentenced To 20 Years For Attempting To Engage Minors In Sexual Activity

Source: United States Attorneys General

Headline: South Carolina Man Sentenced To 20 Years For Attempting To Engage Minors In Sexual Activity

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. yesterday sentenced Joshua Alan Dunlap (38, South Carolina) to 20 years in federal prison for attempting to entice a minor to engage in sexual activity and traveling to engage in sexual conduct with a minor. The court also ordered him to forfeit an iPhone, which had been used in furtherance of the commission of the offense.

Dunlap pleaded guilty on November 20, 2017. 

According to court documents, from July 25 to July 30, 2017, Dunlap communicated with federal and state undercover agents in an attempt to set up meetings with two fictitious minors – ages 11 and 14. He expressed his intent to teach the 11-year-old about bondage, domination, submission, sadistic, and masochist conduct by having sex with her and treating her as his pet and toy. He also said that he wanted to take the girl to his “play dungeon.” Dunlap said that he intended to provide rudimentary sexual education, involving masturbation and oral sex, to the 14-year-old girl. Dunlap was in St. Johns County when he arrived at the home of the older “child.”

During the execution of a search warrant at Dunlap’s home following his arrest, agents found a room consistent with Dunlap’s description of his “play dungeon.” Suitcases containing whips, sex toys, masks, condoms, and personalized dog collars with tags that read “Joshua’s Pet” and “Joshua’s Toy,” were found inside the room, along with a 4-poster bed with chains and eyebolts on the corners.

This case was investigated by the Federal Bureau of Investigation and the St. Johns County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Pharmacy Tech Sentenced to Five Years in Prison for Tampering with Opioids for IV Fluid

Source: United States Attorneys General

Headline: Pharmacy Tech Sentenced to Five Years in Prison for Tampering with Opioids for IV Fluid

BIRMINGHAM – A federal judge today sentenced a former lead technician at a central Alabama pharmacy to five years in prison for tampering with vials of opioid painkillers used in the compounding of intravenous fluid bags intended for terminally ill patients in debilitating pain.

U.S. Attorney Jay E. Town, Drug Enforcement Administration Assistant Special Agent in Charge Bret Hamilton and Food and Drug Administration, Office of Criminal Investigations, Acting Special Agent in Charge Peter Kuehl announced the sentence.

U.S. District Judge R. David Proctor sentenced JOHNATHON WILLIAM CLICK , 30, of Bessemer, on one-count of tampering with consumer products in reckless disregard for the risk that another person would be placed in danger of death or bodily injury, and under circumstances manifesting extreme indifference to that risk. Click pleaded guilty to the charge in November.

“Jonathan Click knew he was inflicting untold pain and suffering on terminally ill cancer patients, yet for two years he diluted their medication and took the opioid drugs for himself,” U.S. Attorney Town said. “Mr. Click is going to prison for his crime, and he will be joined shortly by those like him.”  

“Patients deserve to have confidence that they are receiving the proper treatment from those entrusted with providing their medical care,” said FDA Acting Special Agent in Charge Kuehl. “That’s why we must hold medical personnel accountable when they take advantage of their unique position and tamper with drugs needed by their patients, especially when such tampering causes additional pain and suffering for those who are terminally-ill.”

“DEA is committed to investigating and bringing to justice those who divert prescription drugs. Opiate abuse is a major problem across the nation, with over four million Americans addicted to prescription drugs,” DEA Assistant Special Agent in Charge Hamilton said. “The sentencing of this pharmacy technician should send a clear message to those within the medical profession. DEA will continue to work with our federal, state and local law enforcement and regulatory partners to prosecute you to the fullest extent of the law.”

Click worked at Birmingham-based ContinuumRx of Central Alabama, which primarily distributes IV bags containing morphine and hydromorphone for palliative care of patients in hospice or homecare. The majority of CRX’s patients were terminally ill with cancer and suffering breakthrough pain. Click, as the lead pharmacy technician, prepared the vast majority of CRX’s IV bags, which helped safeguard his scheme, according to court documents.

Between December 2014 and September 2016, when CRX ended Click’s employment, he removed morphine sulfate and hydromorphone hydrochloride from vials intended for use in mixing IV bags. He diluted the vials to hide his theft, knowing that patients in excruciating pain would receive the diluted pain medication, according to the government’s sentencing memorandum. The document states that Click stole the medication so he could feed his opioid addiction.

“The nature and circumstances of this offense shock the conscience,” the government said in its sentencing memorandum. Click’s victims “were painfully dying – because the defendant tampered with their medicine for his own gratification. In their final days on earth, the defendant denied them the comfort of pain remediation they so desperately needed. The defendant knew what he was doing each time he tampered with those vials of medicine.”

According to the sentencing memorandum and Click’s plea agreement, he surreptitiously removed vials of morphine and hydromorphone from CRX’s locked inventory, withdrew drugs from the vials with a syringe and replaced the withdrawn amount with saline or sterile water. Click then would return the adulterated and diluted vials to the inventory, undetected, and later use the vials to compound IV bags that were distributed and administered to homecare and hospice patients. CRX’s primary customers are Alacare Home Health & Hospice, New Beacon Hospice, Lakeview Homecare & Hospice, Comfort Care Hospice and Kindred Hospice.

DEA, FDA and the Alabama Board of Pharmacy investigated the case, which Assistant U.S. Attorney Mohammad Khatib prosecuted.

Roanoke Man Sentenced on Child Pornography Charges

Source: United States Attorneys General

Headline: Roanoke Man Sentenced on Child Pornography Charges

Roanoke, VIRGINIA – United States Attorney Rick A. Mountcastle announced today the sentencing of a Roanoke man who downloaded photographs and images of child pornography.

Richard B. Morgan, 68, was sentenced today in U.S. District Court in Roanoke to 72 months in prison and 10 years of supervised release. In addition, the defendant was ordered to pay a $5,000 fine and a $100 special assessment. Morgan previously pleaded guilty to one count of receipt of child pornography.

According to evidence presented at previous hearings, an investigator with the Southern Virginia Internet Crimes Against Children (ICAC) Task Force successfully downloaded images of child pornography from the defendant via peer-to-peer, file-sharing software often used by those who trade in child pornography.  During the execution of a search warrant at Morgan’s apartment, he admitted that he downloaded child pornography. Law enforcement found 1,849 images and 4,406 videos containing child pornography during a forensic examination of Morgan’s computer and an external hard drive.

The investigation of the case was conducted by the Southern Virginia Internet Crimes Against Children Task Force, the Bedford County Sheriff’s Office and U.S. Customs Enforcement, Department of Homeland Security. Assistant United States Attorney Charlene R. Day is prosecuting the case for the United States.

United States Attorney J. Douglas Overbey Announces Management and Supervisory Staff Changes

Source: United States Attorneys General

Headline: United States Attorney J. Douglas Overbey Announces Management and Supervisory Staff Changes

KNOXVILLE, Tenn. – J. Douglas Overbey, U.S. Attorney for the Eastern District of Tennessee, today announced changes in some of the management and supervisory personnel for the district.  

“The decision to implement the changes outlined below was made with due and thoughtful consideration,” said U.S. Attorney Overbey.  “All of these individuals are well qualified for the position for which they have been chosen.  Also, as they all currently serve in supervisory positions, the transition to their new roles should be seamless and keep the district moving forward in support of the priorities and initiatives of the Department of Justice,” added Overbey. 

Charles E. Atchley, Jr. will now serve as the First Assistant U.S. Attorney for the district. Atchley most recently served as Deputy Chief of the Criminal Division and supervisor of the National Security Unit.  He joined the office in 2001 as an Assistant U.S. Attorney (AUSA).  Prior to this, Atchley was an Assistant Attorney General in the Fourth Judicial District of Tennessee. His memberships include the Tennessee Bar Association; State Bar of Georgia; Alabama State Bar; Knoxville Bar Association; Hamilton Burnett Inns of Court; Sevier County Bar Association; and serves on the Board of Directors of the East Tennessee Historical Society and Zoo Knoxville.  After graduating from the University of Tennessee, he received a law degree from the Cumberland School of Law at Samford University.          

Nancy Stallard Harr will now serve as Senior Litigation Counsel (SLC). Harr, a native of Bristol, Virginia, joined the U.S. Attorney’s office as an AUSA in 1995.  Since that time, she has served as supervisor of the Greeneville branch office and First AUSA. Upon the retirement of the presidentially appointed U.S. Attorney in 2015, she became the Acting U.S. Attorney.  In October 2016, she was appointed by the court as U.S. Attorney for the district and served in that role until November 2017. Prior to joining the office, Harr was a prosecutor with the Second Judicial District Attorney’s office in Blountville.  She received her law degree from the University of Tennessee College of Law.

Francis M. (Trey) Hamilton III, has been chosen to serve as a Deputy Chief of the Criminal Division, supervising fraud and white collar crime prosecutions.  Hamilton joined the office in 2002 as an AUSA.  Since that time, he has served as SLC and the Criminal Division’s Coordinator for Health Care Fraud, Financial Institution Fraud, and Asset Forfeiture matters.  Prior to joining the U.S. Attorney’s Office, Hamilton was a law clerk to the Honorable Jerome Turner, U.S. District Judge for the Western District of Tennessee, and worked as an associate attorney for two national law firms.  He received his law degree from Washington & Lee University School of Law, where he graduated summa cum laude, was elected to the Order of the Coif, and served as a member of the Washington & Lee Law Review.  His undergraduate degree is from Rhodes College, where he graduated magna cum laude and was elected to Phi Beta Kappa.  Hamilton is licensed in Tennessee, Georgia, and the District of Columbia.

Caryn L. Hebets has been chosen to serve as a Deputy Chief of the Criminal Division supervising violent crime and drug prosecutions.  Hebets, a native of Dearborn, Michigan, joined the office as an AUSA in October 2005.  She most recently served as the lead Organized Crime and Drug Enforcement Task Force (OCDETF) Attorney for the district. Prior to joining the U.S Attorney’s office, Hebets was an Assistant Prosecuting Attorney for Berrien County, Michigan, and also worked with the FBI. She received her law degree from Wayne State University after receiving an undergraduate degree from the University of Michigan.  She is a member of the Michigan bar.

In addition to announcing the changes above, U.S. Attorney Overbey announced that the following individuals would remain in their current management and supervisory roles in the district:

David Jennings will remain in his current position as the Chief of the Criminal Division. Jennings joined the office as an AUSA in 1994.   Prior to becoming Criminal Chief, he was an AUSA in asset forfeiture, violent crime and OCDETF.  In 2008, he became supervisor of the violent crime and OCDETF prosecutions, and eventually added general crimes to this list. Prior to joining the U.S. Attorney’s office, he spent four years on active duty in the Army JAG Corps and worked as an Assistant District Attorney in the Knox County District Attorney’s Office.  Jennings has a law degree from the University of Tennessee College of Law and an undergraduate degree from the University of Tennessee.

Loretta Harber will remain as Chief of the Civil Division.  Harber, a native of Brooklyn, New York and raised in Lexington, Kentucky, began with the office as an AUSA in 1987.  She received her undergraduate and law degrees from the University of Tennessee.

Robert C. McConkey, III will continue to serve as Deputy Chief of the Civil Division.  McConkey has been an AUSA with the office since 2010.  Prior to joining the U.S. Attorney’s office, he worked as an associate in private practice handling commercial and general civil litigation and served as a Deputy Law Director for Knox County, Tennessee.   He received his law degree from the Cumberland School of Law at Samford University after receiving an undergraduate degree from East Tennessee State University.

The Greeneville branch office will continue to be supervised by Branch Chief Donald Wayne Taylor.  Before joining the office as an AUSA in 2007, Taylor served as the Chief Assistant Commonwealth’s Attorney in Floyd County, Kentucky.  He also has experience as an associate in a private law firm.  He received a law degree from Widener University School of Law in Wilmington, Delaware, after receiving an undergraduate degree from Penn State University.

Finally, the Chattanooga branch office will continue under the supervision of Branch Chief Steven Neff.  Neff joined the office as an AUSA in 2000.  Prior to joining the U.S Attorney’s office, he served on active duty for five years in the U.S. Army as a JAG Corps lawyer.  In addition to his duties as an AUSA, he also served overseas on detail from the DOJ as the Resident Legal Advisor at the U.S. Embassy in Tbilisi, Republic of Georgia.   He has a law degree from Mercer University Law School in Georgia, and an undergraduate degree from Davidson College.

The U.S. Attorney’s office for the Eastern District of Tennessee represents the interests of the United States both criminal and civil, in federal court.  The eastern district is the largest federal district in Tennessee, with a population of over 2.6 million, encompassing 41 of the 95 counties, and spanning 420 miles. In addition to the headquarters office in Knoxville, there are branch offices in Chattanooga and Greeneville. U.S. Attorney Overbey, who was sworn in as the presidentially appointed, senate confirmed U.S. Attorney in November 2017, serves as the top-ranking federal law enforcement official in the district.    

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Justice Department Announces Plans to Advance Forensic Science

Source: United States Department of Justice

Headline: Justice Department Announces Plans to Advance Forensic Science


FOR IMMEDIATE RELEASE

Wednesday, February 21, 2018

Deputy Attorney General Rod J. Rosenstein announced new Department of Justice policies to advance forensic science at the American Academy of Forensic Sciences 70th Annual Scientific Meeting in Seattle, Washington today. The new guidance implements additional quality assurance measures based on science-informed practices, enhances forensic capacity and efficiency, and increases coordination and collaboration between the Department and state, local, and federal partners.

“President Trump ordered the Department of Justice to reduce crime, and Attorney General Jeff Sessions has made it the Department’s top priority to achieve that goal,” said Deputy Attorney General Rod Rosenstein. “Forensic science, used appropriately, will help us accomplish our mission. The policies that I am announcing today will advance the Justice Department’s commitment to reliable science that helps us to find and report the truth.”

Announcements today include:

  • Release of Department of Justice approved Uniform Language for Testimony and Reports for use by Department forensic examiners to provide testimonial consistency and quality assurance;
  • Initiation of Department-wide testimony monitoring practices to ensure testimonial consistency and accountability by Department forensic examiners;
  • To increase transparency, Department forensic laboratories supporting criminal investigations and prosecutions will begin publicly posting current quality management system documents and summaries of internal validation studies online;
  • Leading federal efforts to advance forensic science, the Department announced the re-chartering of the Council of Federal Forensic Laboratory Directors, which will begin meeting again this May.  All executive branch agencies with forensic laboratories and digital analysis entities are invited and encouraged to join.

View full remarks here.

View the “Department of Justice Proposed Uniform Language for Testimony and Reports for the Forensic Latent Print Discipline” here.

View the “Department of Justice Testimony Monitoring Framework” here.

View the Memo here.

Component(s): 

Press Release Number: 

Updated February 21, 2018

Galax Residents Sentenced to Prison on Drug and Gun Charges

Source: United States Attorneys General

Headline: Galax Residents Sentenced to Prison on Drug and Gun Charges

Abingdon, VIRGINIA – United States Attorney Rick A. Mountcastle announced today the sentencing of two Galax, Virginia men who were previously convicted of distributing methamphetamine and possessing a firearm in furtherance of their drug distribution activities.

Henry Aguliar, 25, and Pablo Hernandez, 28, were each sentenced last week in U.S. District Court in Abingdon to 130 months in prison. Both defendants previously pleaded guilty to one count of conspiracy to distribute 50 grams or more of methamphetamine and one count of possession of a firearm in furtherance of a drug trafficking crime.

According to evidence presented at previous hearings, Aguilar and Hernandez were both targeted by the Twin County Drug Task Force based upon information that they were distributing methamphetamine in the Galax area.  A controlled purchase of methamphetamine was made from Aguilar, who was arrested and found to be in possession of methamphetamine, drug distribution paraphernalia, and a loaded .357 magnum revolver.  Aguilar was interviewed and admitted that he and Hernandez had been receiving 1 pound of methamphetamine a week from a source in North Carolina, which was then being distributed in the Galax area.  A search warrant executed at Hernandez’s residence uncovered methamphetamine, drug ledgers, and two loaded handguns.  Hernandez also admitted to receiving methamphetamine from a source in North Carolina. He further admitted that Aguilar was one of multiple individuals who sold methamphetamine for him in the area.

The investigation of the case was conducted by the Twin County Drug Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant United States Attorney Zachary Lee prosecuted the case for the United States.

Niagara County Man Sentenced On Child Pornography And Cyberstalking Charges

Source: United States Attorneys General

Headline: Niagara County Man Sentenced On Child Pornography And Cyberstalking Charges

CONTACT:  Barbara Burns
PHONE:         (716) 843-5817
FAX #:            (716) 551-3051

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Timothy Laubacker, 26, of Lockport, NY, who was convicted of enticement of a minor to engage in sexual activity and cyberstalking, was sentenced to 180 months in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Mary C. Baumgarten, who handled the case, stated that in September 2015, a female victim reported to the Niagara County Sheriff’s Department that she received unsolicited communications from an individual on Facebook. The individual threatened to distribute and post images that the female victim sent to her then-boyfriend when she was about 14 years-old. 

During the investigation, it was determined that Laubacker was the individual who had contacted the female victim on Facebook. The investigation further determined that the co-defendant Travis Guerriera, who had possession of the images that the victim had previously shared with her former boyfriend, had provided such images to Laubacker. 

In June 2015, Laubacker attempted to entice a second victim, a minor, via Facebook to produce images of child pornography. When the minor victim refused to comply, Laubacker threatened to distribute child pornography images that he had previously obtained from the victim. Laubacker’s threats continued until November 2015.  

Laubacker made initial contact with the minor victim during his former employment as a behavioral health aide at a mental health facility. Laubaker was terminated from that employment in late December 2015 for inappropriate communications with another minor female.

Co-defendant Travis Guerriera was convicted of possession of child pornography and cyberstalking and faces a maximum penalty of 10 years when sentenced on March 14, 2018.

Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons, and the Niagara County Sheriff’s Department, under the direction of James Voutour.