NewzIntel.com

Category: Intelligence

  • MIL-OSI Security: Two Sentenced for Possession with Intent to Distribute Methamphetamine

    Source: US FBI

    PHOENIX, Ariz. – Clarizza Augustusa Jackson, 32, of Sacaton, was sentenced last week by Senior United States District Judge David G. Campbell to four years of probation. On June 28, 2023, Thomas Kee Montoya, Jr., 39, of Pinon, was sentenced by Judge Campbell to 100 months in prison, followed by three years of supervised release. Both defendants pleaded guilty to Possession with Intent to Distribute Methamphetamine. 

    In June 2022, the defendants were stopped by Hopi Law Enforcement Services (HLES) officers on the Hopi Reservation. Montoya was driving and Jackson was the front seat passenger. HLES officers located a drug ledger and 306 grams of pure methamphetamine in the car.

    The Federal Bureau of Investigation – Phoenix, and Hopi Law Enforcement Services conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
     

    CASE NUMBER:           CR-22-08129-PCT-DGC
    RELEASE NUMBER:    2024-032_Montoya

    # # #

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

    MIL Security OSI –

  • MIL-OSI Security: FBI Cleveland Seeks Public’s Assistance to Identify Individuals in Connection with ATM and U-Haul Heist

    Source: US FBI

    [Cleveland, OH] The FBI Cleveland Division is seeking the public’s assistance to identify three unknown subjects associated with the theft of the PNC ATM located at 7101 Broadway Avenue, Cleveland, and the theft of a 15’ U-Haul truck, (identified with a “Boats and Pennsylvania” mural on its side) in connection with the incident on June 9, 2024, between 2:48 a.m. until approximately 4:00 a.m.

    The three unknown subjects are described as:

    UNKNOWN SUBJECT 1:

    • Driver of the U-Haul
    • White male
    • Heavy build
    • Approximately 5’8” tall
    • Jeans, short-sleeved black shirt, and white head covering.

    UNKNOWN SUBJECT 2:

    • Male
    • Heavy build
    • Approximately 5’10″ tall
    • Wearing a Cleveland Guardians baseball cap, face covering, and sweatshirt (face covered).

    UNKNOWN SUBJECT 3:

    • White Male
    • Dark hair and facial hair
    • Thin build
    • Approximately 5’10” tall
    • Black t-shirt with Martian emblem, red sweatpants (face exposed).

    At approximately 2:48 a.m., unknown subjects 2 & 3 approached the ATM with an ax and pulled the ATM from the bank using a chain attached to the U-Haul. The unknown subjects abandoned the ATM pulled from the PNC Bank in the drive-thru lane shortly thereafter.

    The unknown subjects returned at 3:54 a.m. where they successfully hooked and dragged the ATM away from the bank. The ATM was dragged behind the U-Haul (South) on East 71st Street to (West) on Fleet Ave., to (North) on East 65th Street to (West) on Heisley Avenue to an abandoned lot. The ATM was recovered from the woods at the Mound Elementary School with an undetermined amount of money missing.

    Anyone with information is asked to contact the FBI confidentially at 1-877-FBI-OHIO. PNC bank is offering a reward of $5000 for information leading to the identification, arrest, and/or conviction the unknown subjects.

    MIL Security OSI –

  • MIL-OSI Security: Former White Mountain Police Officer Indicted for Obstruction of Investigation

    Source: US FBI

    PHOENIX, Ariz. – Last week, a federal grand jury in Phoenix returned a two-count indictment against Joshua Ben Anderson, 49, of Whiteriver, for his actions in connection with the death of a woman on Thanksgiving Day, 2023.

    The grand jury charged Anderson, a former White Mountain Apache Tribal police officer, with one count of Engaging in Misleading Conduct to Hinder or Delay and one count of Corruptly Altering and Concealing Evidence.

    The indictment alleges that, at approximately 3:31 a.m. on November 23, 2023, Anderson was on-duty and was dispatched to conduct a welfare check of a body that had been observed on State Route 73, on White Mountain Apache Tribal lands. Anderson proceeded to the scene and discovered that the person was deceased. Anderson later acknowledged that only minutes before being dispatched to the scene, he had driven the same stretch of highway and felt a “bump” but continued southbound on SR 73 without stopping to investigate.

    Anderson actively took part in the police investigation into the pedestrian’s death. He spoke with paramedics, interviewed witnesses, briefed and directed officers, filled out an autopsy report, and notified the victim’s family of her death. The indictment alleges that Anderson did not inform his superiors or fellow officers about his likely involvement in the traffic fatality, but rather allowed the investigation to continue. It is further alleged that after returning to his home, Anderson removed the bumper from his patrol vehicle, which had been damaged in the accident, and concealed it. The next day, Anderson resigned from the police department.

    A conviction for each of the two alleged crimes carries a maximum penalty of 20 years in prison and a $250,000 fine.

    An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

    The Federal Bureau of Investigation and the White Mountain Apache Tribe Police Department conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
     

    CASE NUMBER:           CR-24-08027-PHX-SPL
    RELEASE NUMBER:    2024-036_Anderson

    # # #

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

    MIL Security OSI –

  • MIL-OSI Security: International Investigation Leads to Shutdown of Ransomware Group

    Source: US FBI

    “Radar/Dispossessor” servers and domains successfully dismantled

    On August 12, FBI Cleveland announced the disruption of “Radar/Dispossessor”—the criminal ransomware group led by the online moniker “Brain”—and the dismantling of three U.S. servers, three United Kingdom servers, 18 German servers, eight U.S.-based criminal domains, and one German-based criminal domain.

    Since its inception in August 2023, Radar/Dispossessor has quickly developed into an internationally impactful ransomware group, targeting and attacking small-to-mid-sized businesses and organizations from the production, development, education, healthcare, financial services, and transportation sectors. Originally focused on entities in the United States, the investigation discovered 43 companies as victims of the attacks, from countries including Argentina, Australia, Belgium, Brazil, Honduras, India, Canada, Croatia, Peru, Poland, the United Kingdom, the United Arab Emirates, and Germany. During its investigation, the FBI identified a multitude of websites associated with Brain and his team.

    Ransomware is a type of malicious software, or malware, that encrypts data on a computer making it unusable. A malicious cybercriminal holds the data hostage until the ransom is paid. If the ransom is not paid, the victim’s data remains unavailable. Cybercriminals may also pressure victims to pay the ransom by threatening to destroy the victim’s data or to release it to the public.

    Radar Ransomware follows the same dual-extortion model as other ransomware variants by exfiltrating victim data to hold for ransom in addition to encrypting victim’s systems. Simply, the ransomware identifies and attacks new victims and, re-victimizes current victims.

    Radar/Dispossessor identified vulnerable computer systems, weak passwords, and a lack of two-factor authentication to isolate and attack victim-companies. Once the criminals gained access to the systems, they obtained administrator rights and easily gained access to the files. The actual ransomware was then used for encryption. As a result, the companies could no longer access their own data. Once the company was attacked, if they did not contact the criminal actor, the group would then proactively contact others in the victim company, either through email or phone call. The emails also included links to video platforms on which the previously stolen files had been presented. This was always with the aim of increasing the blackmail pressure and increasing the willingness to pay.

    Finally, the compromise was announced by the attackers on a separate leak page and a countdown set until public release of the victim data if no ransom was paid.

    As ransomware can have many variants, such as this case, the total number of businesses and organizations affected is yet to be determined. The FBI encourages those with information about Brain or Radar Ransomware—or if their business or organization has been a target or victim of ransomware or currently paying a criminal actor—to contact its Internet Crime Complaint Center at ic3.gov or 1-800-CALL-FBI. Your identity can remain anonymous.

    The investigation and joint takedown were conducted in conjunction with the the U.K.’s National Crime Agency, Bamberg Public Prosecutor’s Office, Bavarian State Criminal Police Office (BLKA), and U.S. Attorney’s Office for the Northern District of Ohio.

    MIL Security OSI –

  • MIL-OSI Security: Ohio Man Sentenced to 16 Years in Prison for Possession and Distribution of Child Sexual Abuse Materials

    Source: US FBI

    AKRON, Ohio – David Walker, 39, of Akron, was sentenced to 16 years in prison by U.S. District Judge Bridget Meehan Brennan, after pleading guilty to receipt, possession and distribution of child sexual abuse materials (CSAM), also referred to as child pornography. Walker was also ordered to serve 15 years of supervised release after serving his prison sentence.

    Walker was an active participant on BitTorrent, an internet service that allows users to download content such as images and videos easily. It utilizes each user’s computer as a mini-server to facilitate computer-to-computer file sharing among users throughout the world. The technology allows thousands of people to download the same files without crashing the system which has made BitTorrent a commonly used protocol to share illegal files such as CSAM.

    According to court documents, Walker received and distributed nearly 400 video files known to contain CSAM and exploitation of children. A computer tablet with CSAM files was recovered during the execution of a federal search warrant of his residence. Files were described to include male and female children of various ages under 17 including infants and toddlers. According to the National Center for Missing and Exploited Children, some of the victims were identified on the video files found in Walker’s seized computer tablet.

    The investigation preceding the indictment was conducted by the FBI, the Hamilton County Sherriff’s Office, and the Brunswick Police Department.

    The case was prosecuted by Assistant U.S. Attorney Yasmine Makridis for the Northern District of Ohio.

    To report child sexual abuse, please visit cybertipline.org, or call 1-800-843-5678, 24 hours a day, 7 days a week.

    MIL Security OSI –

  • MIL-OSI Security: Tucson Man Arrested on Two Counts of Aiming a Laser Pointer at Aircraft

    Source: US FBI

    TUCSON, Ariz. – Charles William Preston II, 53, of Tucson, was arrested on March 6, 2024, after a federal grand jury returned a two-count indictment against him on November 1, 2023. Preston is charged with two counts of aiming a laser pointer at an aircraft. 

    The indictment alleges that on two separate occasions, Preston aimed the beam of a laser pointer at a fixed-wing aircraft operated by the Pima County Sheriff’s Department and in the flight path of the same aircraft.

    A conviction for aiming a laser pointer at an aircraft carries a maximum penalty of five years in prison, a $250,000 fine, and up to three years of supervised release.

    An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

    The Federal Bureau of Investigation and the Pima County Sheriff’s Department conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
     

    CASE NUMBER:           CR-23-01688-TUC-JAS
    RELEASE NUMBER:    2024-035_Preston

    # # #

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

    MIL Security OSI –

  • MIL-OSI Security: Ohio Man Sentenced to More Than Seven Years in Prison for Possession and Intent to Distribute Methamphetamine and Fentanyl

    Source: US FBI

    AKRON, Ohio – Dion Dejournett, 29, of Akron, was sentenced to 90 months in prison by U.S. District Judge Bridget Meehan Brennan, after pleading guilty to two counts of possession of controlled substances with intent to distribute fentanyl and methamphetamine, and one count of possession of firearms to further the crime of drug trafficking. Dejournett was ordered to serve five years of supervised release following release from prison and will also forfeit drug-related assets including four pistols, a semi-automatic rifle and more than $6,000.

    According to court documents, in June 2023, the Akron Police Department (APD) executed a search warrant at Dejournett’s apartment. Methamphetamine and fentanyl were recovered throughout the master bedroom, hidden in a closet, drawers, and under the bed, including fentanyl in plain sight on top of a dresser. Packaging materials, cutting agents, and a digital scale were also recovered. Numerous firearms, including several pistols and a semi-automatic rifle, were found at his residence and confiscated. APD later found additional fentanyl on Dejournett following his arrest. Laboratory testing confirmed that police seized a total of 116.39 grams of mixtures and substances containing fentanyl and 1,460.51 of mixtures and substances containing methamphetamine.

    The investigation preceding the indictment was conducted by the Akron Police Department and the FBI.

    The case was prosecuted by Assistant U.S. Attorney David Toepfer for the Northern District of Ohio.

    If you have information about the drug-related manufacture, distribution or trafficking of controlled substances, submit an anonymous tip at dea.gov/submit-tip.

    MIL Security OSI –

  • MIL-OSI Security: Ohio Man Sentenced to Prison for Assaulting Law Enforcement During January 6 Capitol Breach

    Source: US FBI

                WASHINGTON— An Ohio man was sentenced to prison today after he previously pleaded guilty to assaulting law enforcement during the Jan. 6, 2021, breach of the U.S. Capitol. 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.

                Matthew Honigford, 31, of Delphos, Ohio, was sentenced to 19 months in prison, 24 months of supervised release, and ordered to pay $2,000 in restitution by U.S. District Judge Tanya S. Chutkan. Honigford previously pleaded guilty to a felony offense of assaulting, resisting, or impeding certain officers on Feb. 21, 2024.

                According to court documents, Honigford traveled from his home in Ohio to attend the “Stop the Steal” rally on Jan. 6, 2021, in Washington, D.C., near the Washington Monument. After the rally, Honigford made his way to the Southwest Plaza of the U.S. Capitol building with a large group of rioters. At approximately 2:30 p.m., court documents say that Honigford was positioned at the front of the crowd of rioters that had breached a police line and gained access to a set of stairs on the Southwest Plaza. There, rioters overwhelmed police, causing the officers to retreat. The mob, with Honigford at the front, pursued.

                On the Southwest Plaza, body-worn camera footage shows Honigford holding a flagpole horizontally in front of his body with both hands. He is then seen pushing the flagpole into a Metropolitan Police Department (MPD) officer’s chest area, and a struggle ensued. Honigford then advanced with the crowd to the Upper West Terrace of the Capitol. The crowd then assembled on the steps in front of a police line that officers had formed with metal bike racks to act as a barrier against the crowd.

                Court documents say that from approximately 2:44 to 2:46 p.m., Honigford repeatedly touched or attempted to touch several MPD officers in the police line with his hands, stating he was praying for them. When officers asked Honigford to stop, Honigford responded, “How am I supposed to bless you guys?” Honigford continued to reach his hands out toward the officers until other rioters told him to stop, and he turned toward them to say, “I’m trying to f— pray, guys.”

                At about 2:46 p.m., Honigford grabbed a metal bike rack barricade and used his body to push it against the police line. An MPD officer pulled on Honigford’s jacket in an attempt to prevent him from pushing the barrier; however, Honigford leaned away and kicked the bike rack against the officer.

    The FBI arrested Honigford on Nov. 21, 2023, in Ohio.

                This case was 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 Ohio.

                This case was investigated by the FBI’s Cleveland and Washington Field Offices, which listed Honigford as BOLO (Be on the Lookout) #506 on its seeking information photos. The U.S. Capitol Police and the Metropolitan Police Department provided valuable assistance.

                In the 43 months since Jan. 6, 2021, more than 1,488 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including nearly 550 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.

    MIL Security OSI –

  • MIL-OSI Security: Two Drug Conspiracies Land Little Rock Man in Federal Prison for 18 Years

    Source: US FBI

          LITTLE ROCK—A Little Rock man’s involvement in two separate drug conspiracies will end with him spending 18 years in federal prison. Desmond Kelley, aka “Trell,” 28, was sentenced yesterday to 151 months in prison for his role in a conspiracy to distribute fentanyl, with that sentence to run consecutive to a 65-month sentence he recently received for being involved in a heroin distribution conspiracy. United States District Judge Brian S. Miller handed down the sentence.

          In May 2017, Kelley was named in a 33-defendant indictment that charged him with conspiracy to distribute heroin, distribution of heroin, and use of a telephone to facilitate a drug trafficking crime. In that case, Kelley worked with Aaron “Black” Clark to distribute heroin in Little Rock. In 2016 and 2017, Clark supplied Kelley with multiple ounces of heroin at a time, which Kelley then resold.

          The FBI arrested Kelley in that case on May 31, 2017, and Kelley was released on pretrial bond on January 30, 2018. At that point, the Drug Enforcement Administration (DEA) developed evidence that Kelley immediately went back to selling drugs, including both heroin and fentanyl, to a new group of people. This time, Kelley was at the top of the 17-defendant conspiracy and supplied significant amounts of fentanyl to multiple people who were also indicted.

          Kelley was then indicted for the second time and arrested by the DEA on October 15, 2019, and this time charged with conspiracy to distribute fentanyl. The next day, Kelley pleaded guilty conspiracy to distribute between 400-700 grams of heroin in the 2017 case. Kelley received a 65-month sentence from United States District Judge James M. Moody, Jr., on October 13, 2020. On February 1, 2021, Kelley pleaded guilty to conspiracy to distribute between 1.2 and 4 kilograms of fentanyl in the 2019 case.

          In addition to the prison sentence, which totals 216 months combined, Judge Miller sentenced Kelley to five years of supervised release. There is no parole in the federal prison system.

          The 2017 case was investigated by the FBI’s Met Rock Task Force, in coordination with the LRPD and NLRPD, and prosecuted by Assistant United States Attorney Benecia Moore. The 2019 case was investigated by the DEA, in coordination with the LRPD and NLRPD, and prosecuted by Assistant United States Attorney Chris Givens.

    # # #

    This news release, as well as additional information about the office of the

    United States Attorney for the Eastern District of Arkansas, is available online at

    https://www.justice.gov/edar

    Twitter:

    @EDARNEWS

    MIL Security OSI –

  • MIL-OSI Security: Adair County Resident Sentenced for Felony Assault

    Source: US FBI

    MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Cody Wayne Tye, age 34, of Watts, Oklahoma, was sentenced to time served plus three years supervised release for one count of Assault of a Spouse, Intimate Partner, and Dating Partner in Indian Country.

    The charge arose from an investigation by the Federal Bureau of Investigation, the Watts Police Department, and the Westville Police Department.

    On March 11, 2024, Tye pleaded guilty to the charge.  According to investigators, on September 18, 2022, Tye assaulted an individual at an apartment in Westville, Oklahoma.  During the attack, Tye wrapped both hands around the victim’s neck and shoved the victim against a wall, strangling the victim and causing bruising and abrasions.  The crime occurred in Adair County, within the boundaries of the Cherokee Nation Reservation, in the Eastern District of Oklahoma.

    The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing.

    Assistant U.S. Attorneys Rachel Geizura and Edith Singer represented the United States.

    MIL Security OSI –

  • MIL-OSI Security: Former DEA Supervisory Agent Sentenced to 135 Months in Prison for Accepting Bribes from Drug Kingpin

    Source: US FBI

          LITTLE ROCK—A former Drug Enforcement Administration (DEA) agent was sentenced today for accepting bribes from a drug trafficker. Nathan Koen, 45, now of Auburn, Illinois, was sentenced to 135 months in federal prison by United States District Judge Brian S. Miller.

          Koen was charged by a federal grand jury in November 2019 with one count of conspiracy to possess with intent to distribute and to distribute heroin, cocaine, and methamphetamine, and one count of bribery of a public official. In August 2021, he pleaded guilty to bribery in exchange for dismissal of the drug-related charge.

          During the sentencing hearing, which took place over two days and concluded today, Judge Miller found that Koen accepted bribes from a known, large-scale drug trafficker for the purpose of helping facilitate a drug conspiracy, and that the conspiracy involved at least 15 to 45 kilograms of methamphetamine. The drug trafficker testified during the hearing and explained that he believed Koen provided was providing sensitive, law-enforcement information, which helped the trafficker avoid detection by law enforcement and run his drug organization. The drug trafficker, who is in federal custody, stated that his organization was responsible for distributing kilogram quantities of methamphetamine cocaine, heroin, fentanyl, and marijuana.

          “This defendant’s actions are a disgrace to the thousands of dedicated law enforcement officers who work with integrity every day to protect and serve our communities,” stated United States Attorney Jonathan D. Ross. “His greed and deception have no place in law enforcement, and we are pleased to see this case come to its rightful conclusion.”

          In 2018, the FBI began investigating Koen, who had been working for DEA since 2002 and had transferred in 2016 to work as a Group Supervisor in the Little Rock DEA office from Jacksonville, Florida. FBI agents interviewed the drug trafficker who told law enforcement he had paid Koen cash for information and protection related to his drug-trafficking activities.

          The drug trafficker told FBI agents he had been in custody on federal drug charges in 2013-2014 when another inmate told him he should contact Koen and offer to work as an informant, which he did. After his case was resolved, the informant resumed distributing large amounts of heroin, methamphetamine, marijuana, and cocaine in Florida, California, Arkansas, and elsewhere, while making payments to Koen for protection. The informant paid approximately $31,500 to Koen before he began cooperating with the FBI.

          The informant began working with FBI, and he agreed to set up a controlled delivery of a bribe payment to Koen. Koen and the informant agreed to meet in Las Vegas on December 3, 2018. FBI agents equipped the informant with $9,000 cash and multiple audio recording devices. Koen and the informant met on the sidewalk across from the Bellagio hotel and walked together to the Paris Las Vegas hotel, where they went inside a bathroom away from casino cameras. Once inside, the informant placed the cash in Koen’s backpack, and they left the hotel, each going in different directions.

          Recordings of the encounter revealed that Koen asked the informant, “Did you make this worth it?” The informant responded, “Come on, man, you know I always make it worth it for you.” Koen responded, “I know.” Koen also advised the informant that he should get rid of all his phones and change his address because he expected a search warrant to be executed at his home soon. Koen was arrested when he returned to Arkansas later that day, and he admitted to accepting bribes from the informant.

          “By protecting a drug trafficking organization and accepting bribes from a drug kingpin, former Group Supervisor Nathan Koen deceived and betrayed his brothers and sisters in the DEA,” FBI Little Rock Special Agent in Charge James A. Dawson said. “His disgraceful and corrupt conduct only strengthens our resolve to continue attacking corruption at all levels. We’re grateful for the strong, ongoing partnerships we share with both the Drug Enforcement Administration and U.S. Attorney’s Office.”

          “Today’s sentencing reflects DEA’s commitment to hold accountable any DEA employee who abuses the trust of the American people by violating their oath as a federal law enforcement officer,” said DEA Administrator Anne Milgram. “Nathan Koen put himself ahead of the principles he swore to protect. I commend our federal law enforcement partners who investigated this case and the U.S. Attorneys who prosecuted it.”

          “Koen turned his back on his duty to protect the public. As a DEA Agent, Koen was tasked with investigating drug traffickers. Instead, he accepted a cash bribe and provided a known drug trafficker with sensitive law enforcement information. The Department of Justice Office of the Inspector General will continue to investigate those who engage in this kind of conduct,” said Cloey C. Pierce, Special Agent in Charge of the Department of Justice Office of the Inspector General Dallas Field Office.

          In addition to the term of imprisonment, Judge Miller also sentenced Koen to two years of supervised release following his term of imprisonment. The investigation was conducted by the FBI, and the case was prosecuted by Assistant United States Attorneys Benecia Moore and Chris Givens.

    # # #

    This news release, as well as additional information about the office of the

    United States Attorney for the Eastern District of Arkansas, is available online at

    https://www.justice.gov/edar

    Twitter:

    @EDARNEWS

    MIL Security OSI –

  • MIL-OSI Security: Fort Towson Resident Sentenced for Murder

    Source: US FBI

    MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Thomas Raymond Phillips, III, age 36, of Fort Towson, Oklahoma, was sentenced to a term of life in prison for First Degree Murder in Indian Country.  Phillips was also sentenced to 120 months in prison for one count of Use, Carry, Brandish, and Discharge of a Firearm During and In Relation to a Crime of Violence.  The sentences are set to be served consecutively.

    The charges arose from an investigation by the Choctaw County Sheriff’s Office, the Oklahoma Highway Patrol, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.

    On October 25, 2023, Phillips was found guilty of the charges by a federal jury at trial.   According to investigators, on the evening of December 19, 2020, Phillips fired multiple shots into a Fort Towson bar after being ejected by management for instigating a fight.  One bullet struck a patron, killing the victim at the scene.  The crime occurred in Choctaw County, within the boundaries of the Choctaw Nation Reservation, in the Eastern District of Oklahoma.

    “The defendant’s malicious and senseless acts stole a life, and the defendant will spend his remaining days in prison paying the price justice demands for his crimes,” said United States Attorney Christopher J. Wilson.  “I commend county, state, and federal law enforcement for their investigative work and the prosecuting attorneys for presenting the case and advocating for the victim.”

    The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing.  Phillips will remain in the custody of the U.S. Marshals Service pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.

    Assistant U.S. Attorneys Dean Burris and T. Cameron McEwen represented the United States.

    MIL Security OSI –

  • MIL-OSI Security: Two Drug Dealers Sentenced to Life in Prison for Murder of Federal Witness

    Source: US FBI

          LITTLE ROCK—Two drug dealers will spend the remainder of their lives in prison after conspiring to cause witness tampering resulting in death. Samuel “Big Hit” Sherman, 38, of Batesville, and Donald Bill Smith, 38, of Malvern, were both sentenced today to life in federal prison. There is no parole in the federal system. United States Chief District Judge D. P. Marshall, Jr., imposed the sentences.

          Smith and Sherman were indicted in September 2019 in connection with the death of Susan Cooper, who had bought methamphetamine from Sherman but had begun working as an informant for law enforcement. In May 2016, Sherman was arrested and charged with selling methamphetamine to Cooper. As his case progressed, Sherman was released and permitted to work as an informant himself.

          Though Sherman was supposed to be working as an informant, he had not provided enough information to help his case, and in September 2016, Sherman learned he was facing a significant federal prison sentence. Evidence at trial showed that upon learning this, Sherman called Smith, who was a methamphetamine dealer in the Malvern area. Smith had sold drugs to Rachael Cooper, who was Susan Cooper’s sister-in-law (they were married to brothers).

          Cellular tower data presented at trial showed that shortly thereafter, Smith drove from Malvern to Batesville, where Sherman lived, and stayed in Batesville for approximately 40 minutes before returning to Malvern. On the way back to Malvern, Smith called Rachael. Rachael had been communicating with Susan about making arrangements for Susan to trade some hydrocodone pills for methamphetamine. Susan did not know the trade was with Smith.

          That night, Rachael picked Susan up and drove her to meet Smith for the drug exchange. Rachael testified at trial that as they waited, she heard a gunshot followed by Susan crying out “I’m shot—get me out of here!” Rachael jumped in the driver’s seat and saw Smith shoot Susan several more times. Smith pulled Susan from the truck as Rachael sped away.

          For a year and a half, Susan Cooper’s body had not been found. In July 2018, Smith was charged in state court with the murder, and after his arrest, a witness came forward to disclose Smith had demanded he help bury the body. This witness took federal agents to the location of Cooper’s body.

          In September 2021, a jury trial resulted in both Smith and Sherman being convicted of conspiracy to cause witness tampering resulting in death. Smith was also convicted of witness tampering resulting in death, conspiracy to possess with intent to distribute and to distribute methamphetamine, and aiding and abetting the use of a firearm during and in relation to a drug trafficking crime. Smith, in addition to his life sentence, was ordered to serve a 50 year consecutive sentence.

          The case was investigated by the FBI, the Drug Enforcement Agency, and the Hot Springs County Sheriff’s Office. The case was prosecuted by Assistant United States Attorneys Anne Gardner and Bart Dickinson.

    # # #

    This news release, as well as additional information about the office of the

    United States Attorney for the Eastern District of Arkansas, is available online at

    https://www.justice.gov/edar

    Twitter:

    @EDARNEWS

    MIL Security OSI –

  • MIL-OSI Security: Pryor Man Sentenced to Life After Jury Convicts Him of Aggravated and Abusive Child Sexual Abuse

    Source: US FBI

    TULSA, Okla. – Previously convicted by a jury in July, Adam Joseph King, was sentenced today for Aggravated Sexual Abuse of a Minor Under 12 in Indian Country and Abusive Sexual Contact with a Minor Under 12 in Indian Country.

    U.S. District Judge John D. Russell sentenced King, 36, to life imprisonment on both counts.

    “King took advantage of a child entrusted in his care and continues to show no remorse for his actions,” said U.S. Attorney Clint Johnson. “The only way to stop someone like King and protect the community is by giving him a lengthy prison sentence.”

    “The victim in the case was just eight years old when King began abusing her. Despite the trauma she endured, she found the courage to tell her story in court, and as a result this dangerous predator will now live behind bars where he can never harm another child,” said FBI Oklahoma City Special Agent in Charge Doug Goodwater. “Her resilience is a powerful reminder of why we do this work – to protect the most vulnerable members of our community and hold violent offenders accountable for their crimes.”

    Evidence presented to the jury showed that King repeatedly sexually abused his girlfriend’s child from age eight through eleven years old. King exploited the child that was in his care and warned the victim not to tell.

    The child victim testified about the sexual abuse she received and eventually reported the abuse to a school counselor. Experts further testified that the evidence collected from King’s bedroom matched the DNA of the child victim.

    The investigation showed that King and his girlfriend, the victim’s mother, denied any wrongdoing by King. Once the investigation began, the minor victim and sibling were removed from the home and placed in the custody of their grandparents, where they have remained.

    The minor victim is a tribal citizen. King will remain in custody pending transfer to the U.S. Bureau of Prisons.

    The FBI, the Catoosa Police Department, and the Oklahoma State Bureau of Investigations investigated the case. Assistant U.S. Attorneys Valeria Luster and Matthew Cyran prosecuted the case.

    If you want to make a report of child sexual exploitation, you can use the National Center for Missing and Exploited Children (NCMEC) CyberTipline.

    This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page. 

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  • MIL-OSI Security: January Federal Grand Jury 2024-B Indictments Announced

    Source: US FBI

    United States Attorney Clint Johnson today announced the results of the January Federal Grand Jury 2024-B Indictments.

    The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.

    Bradley Andrew Friend. Coercion and Enticement of a Minor; Production of Child Pornography; Receipt and Distribution of Child Pornography; Possession of Child Pornography. Friend, 40, of Oologah, is charged with enticing and persuading a minor child to engage in sexual activity. He is further charged with producing, possessing, receiving, and distributing materials that depict the sexual abuse of children. The Homeland Security Investigations is the investigative agency. Assistant U.S. Attorney Stacey P. Todd is prosecuting the case. 25-CR-013

    Gary Syd Goldberg. Possession of Child Pornography. Goldberg, 76, of Mannford, is charged with possessing visual images and videos depicting the sexual abuse of children under 12 years old. The Oklahoma State Bureau of Investigation and the Mannford Police Department are the investigative agencies. Assistant U.S. Attorney Mallory Richard is prosecuting the case. 24-CR-253

    Shawn Ray Murnan. Bank Fraud (Counts 1 through 4); False Statements (Counts 5 through 8); Unlawful Monetary Transactions (Counts 9 through 14). Murnan, 56, of Windemere, Florida, is charged with fraudulently submitting 14 applications on behalf of his various businesses seeking more than $2.7 million in CARES Act Funds. Of those applications, Murnan received more than $1.6 million in PPP and EIDL loans. After receiving CARES Act funds, Murnan requested loan forgiveness. More than $1.3 million was forgiven. Two of the PPP loans were funded by a bank located within the NDOK. Each application submitted by Murnan contained false representations and inaccurate accounting regarding employees’ wages, including that he owned no other businesses. The FRB-CFPB Office of the Inspector General, the SBA Office of the Inspector General, and TIGTA are the investigative agencies. Assistant U.S. Attorneys David D. Whipple and Cheryl Baber are prosecuting the case. 25-CR-014

    Xavion Eugene Paggett. Attempted Bank Robbery; Felon in Possession of a Firearm and Ammunition. Paggett, 24, of Broken Arrow, is charged with using a firearm to rob a bank in Nov. 2024. He is further charged with possessing a firearm and ammunition, knowing he was previously convicted of felonies. The FBI and the Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Shakema M. Onias is prosecuting the case. 25-CR-012

    Anthony Clay Russell. First Degree Murder in Indian Country; Carrying, Using, Brandishing, and Discharging a Firearm During and in Relation to a Crime of Violence; Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country (superseding). Russell, 32, of Tulsa and a member of the Osage Nation, is charged with maliciously killing Tasha Shepard on Oct. 22, 2024. He is further charged with discharging a firearm during a crime of violence and intentionally assaulting a second victim with a dangerous weapon. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorneys Adam D. McConney and John Brasher are prosecuting the case. 24-CR-365

    Marcos Javier Suazo-Otero; Marcos Javier Suazo-Mancilla. Drug Conspiracy (Count 1); Possession of Methamphetamine with Intent to Distribute (Counts 2 and 3); Possession of Cocaine with Intent to Distribute (Count 4); Maintaining a Drug-Involved Premises (Counts 5 and 6); Unlawful Reentry of a Removed Alien (Count 7); Possession of Firearms in Furtherance of a Drug Trafficking Crime (Count 8); Alien Unlawfully in the United States in Possession of Firearms (Count 9) (superseding). Suazo-Otero, 46, and Suazo-Mancilla, 23, both Mexican nationals, are charged with conspiring to distribute methamphetamine from Jan. 2024 through Nov. 2024. They are further charged with maintaining a residence for drug distribution. Suazo-Otero knowingly possessed methamphetamine with intent to distribute and is additionally charged with unlawfully reentering the United States after having been previously removed in Aug. 2018. Lastly, Suazo-Mancilla knowingly possessed cocaine with intent to distribute, possessed firearms while drug trafficking, and knowingly did so while being an alien illegally in the United States. The Drug Enforcement Administration, the Tulsa Police Department, and the Tulsa County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney David A. Nasar is prosecuting the case. 24-CR-397

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  • MIL-OSI Security: Schertz Man Sentenced to 14 Years in Prison for Transporting a Minor for Criminal Sexual Activity

    Source: US FBI

    SAN ANTONIO – Yesterday, a Schertz man was sentenced to 168 months in prison for transporting a minor to engage in criminal sexual activity.

    According to court documents, in early January 2020, Kraig David Van Winkle, 36, used a social media application to start chatting with a minor in Arkansas.  Shortly thereafter, the conversation became sexual in nature. On January 9, 2020, Van Winkle arranged to meet with and ultimately brought the minor back to Texas with the intent to engage in sexual activity.  During the trip back to Texas, Van Winkle made the minor throw the minor’s cell phone in a drainage ditch.  He also handcuffed, bound the child with rope and placed tape across the child’s mouth when he left the victim alone in his residence.

    On October 5, 2021, Van Winkle pleaded guilty to one count of transportation of a minor with intent to engage in criminal sexual activity.  Van Winkle has remained in federal custody since his arrest on January 13, 2020.

    “I am thankful for the FBI and Springdale Police Department’s tireless efforts in locating the victim in this case,” said U.S. Attorney Ashley C. Hoff.  “Our office will continue to hold child predators accountable and to deliver justice for survivors.”

    “This sentencing sends a strong message to those who would commit these types of heinous crimes, they will face justice and be held accountable for their actions,” said FBI San Antonio Division Special Agent in Charge Oliver E. Rich Jr.

    The FBI, with valuable assistance from the FBI Little Rock Field Office and the Springdale, AR Police Department, investigated the case.

    Assistant U.S. Attorney Tracy Thompson prosecuted the case.

    This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

    ###

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  • MIL-OSI Security: Beaverton Man Sentenced to Federal Prison for Role in Fatal Fentanyl Overdose

    Source: US FBI

    PORTLAND, Ore.—A Beaverton, Oregon man was sentenced to federal prison today for distributing fentanyl that caused the fatal overdose of a local man.

    Billy Ray Trueblood II, 33, was sentenced to 41 months in federal prison and four years’ supervised release.

    According to court documents, in early March 2019, investigators from the Westside Interagency Narcotics Team (WIN) responded to a fatal overdose of a local man in his early thirties who was found unresponsive by his roommates. An autopsy by the Oregon State Crime Lab later confirmed the man died of an acute fentanyl overdose.

    Further investigation revealed that the victim became addicted to opioids after using prescription pain killers in college to deal with athletic injuries. Investigators also learned the victim had been purchasing drugs from Trueblood since college and had recently exchanged text messages with him to arrange the purchase of “blues,” a term used to describe counterfeit Oxycodone pills manufactured with fentanyl.

    In the days following the victim’s fatal overdose, investigators attempted to locate Trueblood, but were unable to do so until one investigator spotted him on television at a Portland Trailblazers basketball game. After another investigator confirmed the man spotted was indeed Trueblood, the investigators relayed the information to police officers at the game who located and arrested him. During his arrest, Trueblood was found in possession of a large amount of cash and several types of pills including some that resembled those found in the deceased victim’s bedroom.

    On November 10, 2020, a federal grand jury in Portland returned a three-count indictment charging Trueblood with distributing fentanyl, distributing fentanyl resulting in death, and possessing with intent to distribute fentanyl.

    On May 30, 2023, Trueblood pleaded guilty to distributing fentanyl.

    This case was investigated by WIN and the FBI. It was prosecuted by Lewis S. Burkhart, Assistant U.S. Attorney for the District of Oregon.

    WIN is a Washington County, Oregon-based multi-jurisdictional narcotics task force supported by the Oregon-Idaho High Intensity Drug Trafficking Area (HIDTA) program that includes members from the Washington County Sheriff’s Office, Beaverton and Hillsboro Police Departments, Oregon National Guard Counter Drug Program, FBI, U.S. Drug Enforcement Administration (DEA), and Homeland Security Investigations (HSI).

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  • MIL-OSI Security: Searcy Man Sentenced to 30 Years in Prison for Producing Child Pornography

    Source: US FBI

          LITTLE ROCK—A Searcy man who sexually abused numerous young boys for years was sentenced yesterday afternoon for production of child pornography. United States District Court Judge Billy Roy Wilson sentenced John Ronald Ord, 51, to 30 years in federal prison. This 30-year sentence is the maximum allowed by law.

          In 2019, Searcy Police Department began investigating Ord after a teenager reported he had been sexually abused by Ord for several years, beginning in 2012. Their investigation revealed that the defendant had been preying on teenage boys as far back as 1999 by exploiting their weaknesses, such as hunger, lack of a stable environment, or financial needs. Ord would then provide the boys with drugs and alcohol before sexually abusing them. At least 19 of Ord’s victims have been identified.

          Law enforcement obtained a search warrant for Ord’s phone and saw a conversation on a dating app called Grindr. In the app, Ord had a conversation in December 2018 with a 14-year-old boy in which Ord asked the boy to send him a photograph of his penis. This conduct led to the production of child pornography charge in December 2019. Ord was detained at that time and pleaded guilty in December 2021.

          Five of Ord’s victims were present at the sentencing hearing and testified about their abuse at the hands of Ord. In addition to the prison term, Ord was sentenced to a lifetime of supervised release following his imprisonment. The investigation was conducted by the Searcy Police Department, the FBI, and the United States Secret Service. The case was prosecuted by Assistant United States Attorneys Kristin Bryant and John Ray White.

    # # #

    This news release, as well as additional information about the office of the

    United States Attorney for the Eastern District of Arkansas, is available online at

    https://www.justice.gov/edar

    Twitter:

    @EDARNEWS

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  • MIL-OSI Security: FBI Little Rock Presents National Safe Online Surfing Award to LISA Academy West Elementary in Little Rock

    Source: US FBI

    LITTLE ROCK, AR—Today, LISA Academy West Elementary in Little Rock, Arkansas, was presented with the FBI Safe Online Surfing (FBI-SOS) Internet Challenge’s national award. Under the guidance of computer teacher Vickie Carroll, LISA Academy students scored a composite score of 95.33 percent to win the March 2022 award in the Starfish category. For the month of March 2022, a record-breaking 173,011 students from 2,086 schools across all 50 states and fpur U.S. territories participated in the FBI-SOS Internet Challenge.

    “The impressive accomplishment achieved by the students and teachers at LISA Academy West Elementary reflects highly upon Little Rock and the entire state of Arkansas,” said FBI Little Rock Special Agent in Charge James A. Dawson. “We hope Arkansas students and teachers continue to educate themselves through our SOS program about online safety.”

    “Educating students about staying safe online is extremely important to us at LISA Academy West Elementary,” said Vickie Carroll. “Our students completed several online courses on Internet safety to educate themselves and prepare for the FBI-SOS competition. They were thrilled to learn they placed first in the competition and were even more excited about meeting real-life FBI agents!”

    FBI-SOS is a free initiative designed to educate third through eighth-grade students about cyber safety. All public, private, and home schools are eligible to participate in this entertaining and educational web-based program which can be accessed year-round. The website features six grade-specific “islands” for students to visit. Each island includes games, videos, and interactive features which address the protection of personal information, password strength, cell phone safety, social networking, and online gaming safety. The videos also include real-life stories of kids who have encountered cyberbullies and online predators.

    Each month of the academic year, schools compete for the national award in one of three categories determined by the number of students participating from each school: Starfish (5-50 participants); Stingray (51-100); and Shark (100+). Kids and adults of all ages can explore the site, play the games, watch the videos, and learn about cyber safety. However, the competitive exam can only be taken by third to eighth-grade students whose classes have been registered by their teachers.

    The FBI-SOS Internet Challenge was developed with the assistance of the National Center for Missing and Exploited Children with input from teachers and schools throughout America. Visit the FBI-SOS website at sos.fbi.gov for more information or contact the FBI Little Rock Office Community Outreach Specialist at (501) 221-9100.

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  • MIL-OSI Security: U.S. Attorney’s Office Joins in Recognizing Missing and Murdered Indigenous Persons Awareness Day and Announces Appointment of Regional MMIP Coordinator

    Source: US FBI

    PORTLAND, Ore.—The U.S. Attorney’s Office for the District of Oregon joins its partners across the federal government, as well as people throughout American Indian and Alaska Native communities, in recognizing May 5, 2024, as National Missing and Murdered Indigenous Persons (MMIP) Awareness Day.

    The office also announced today the appointment of an MMIP Regional Coordinator based in the District of Oregon. Cedar Wilkie Gillette, who since June 2020 has served as the District of Oregon MMIP Coordinator, will now serve as regional coordinator for the Northwest Region under the Justice Department’s MMIP Regional Outreach Program. The Northwest Region includes the states of California, Hawaii, Idaho, Montana, Oregon, and Washington.

    Ms. Wilkie Gillette will work alongside Ms. Bree R. Black Horse who was appointed in February 2024 in the Eastern District of Washington to serve as the MMIP Assistant U.S. Attorney for the Northwest Region.

    “We are delighted that Cedar Wilkie Gillette will serve as northwest regional coordinator for the Justice Department’s MMIP Regional Outreach Program. This program is a critical next step in the department’s ongoing effort to address this crisis, which has affected tribes and communities across our region and country. Cedar is abundantly qualified for this position and we are eager for her to expand the great work she has done here in Oregon throughout the Northwest Region,” said Natalie Wight, U.S. Attorney for the District of Oregon.

    “There is still so much more to do in the face of persistently high levels of violence that Tribal communities have endured for generations, and that women and girls, particularly, have endured,” said Attorney General Merrick B. Garland. “In carrying out our work, we seek to honor those who are still missing, those who were stolen from their communities, and their loved ones who are left with unimaginable pain. Tribal communities deserve safety, and they deserve justice. This day challenges all of us at the Justice Department to double down on our efforts, and to be true partners with Tribal communities as we seek to end this crisis.”

    Launched in July 2023, the MMIP Regional Outreach Program permanently places 10 attorneys and coordinators in five designated regions across the United States to aid in the prevention and response to missing or murdered indigenous people. This support includes assisting in the investigation of unresolved MMIP cases and related crimes, and promoting communication, coordination, and collaboration among federal, tribal, local, and state law enforcement and non-governmental partners on MMIP issues. 

    The regional outreach program program prioritizes MMIP cases consistent with the Deputy Attorney General’s July 2022 directive to U.S. Attorney’s Offices promoting public safety in Indian Country and fulfills the Justice Department’s promise to dedicate new personnel to MMIP consistent with Executive Order 14053, Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People, and the department’s Federal Law Enforcement Strategy to Prevent and respond to Violence Against American Indians and Alaska Natives, Including to Address Missing or Murdered Indigenous Persons issued in July 2022. 

    The Department’s work to respond to the MMIP crisis is a whole-of-department effort. In March, the Departments of Justice and the Interior released their joint response to the Not Invisible Act Commission’s recommendations on how to combat the missing or murdered indigenous peoples and human trafficking crisis.

    Over the past year, the Department awarded $268 million in grants to help enhance Tribal justice systems and strengthen law enforcement responses. These awards have also gone toward improving the handling of child abuse cases, combating domestic and sexual violence, supporting Tribal youth programs, and strengthening victim services in Tribal communities.

    For additional information about the Department of Justice’s efforts to address the MMIP crisis, please visit the Missing or Murdered Indigenous Persons section of the Tribal Safety and Justice website. Click here for more information about reporting or identifying missing persons.

    In early 2022, the District of Oregon established an MMIP Working Group to increase multi-agency communication and collaboration in support of and response to Oregon-connected MMIP cases. The working group includes representatives from each of the nine federally recognized Tribes in Oregon, the FBI, Bureau of Indian Affairs, U.S. Department of Interior Regional Solicitor’s Office, U.S. Marshals Service, Oregon Department of Justice, Oregon State Medical Examiner’s Office, and Oregon State Police.

    Prior to joining the U.S. Attorney’s Office in 2020, Ms. Wilkie Gillette served as a law fellow for Earthjustice, a nonprofit environmental law organization. She has a juris doctorate from the Vermont Law School and a bachelor’s degree in applied social justice and human rights activism from the University of Minnesota. Ms. Wilkie Gillette is an enrolled member of the Mandan, Hidatsa, and Arikara Nation and a direct descendant of the Turtle Mountain Band of Chippewa. She has conducted extensive research on indigenous human rights and environmental justice issues.

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  • MIL-OSI Security: Hot Springs Man Sentenced to 27 Months for Pandemic Funds Fraud

    Source: US FBI

                Hot Springs, Arkansas – David Clay Fowlkes, United States Attorney for the Western District of Arkansas, announced that on May 26, 2022, James Heritage, 39 of Hot Springs, Arkansas, was sentenced to 27 months in prison and ordered to pay $469,082.73 in restitution after pleading guilty to two counts relating to fraud committed against the United States Small Business Administration’s Paycheck Protection Program (PPP) and numerous state unemployment benefits administrators.

    According to plea documents in the case, Heritage applied for and received a PPP loan for $183,937.32, using falsified employee and payroll data.  In addition, Heritage applied for and received Pandemic Unemployment Assistance, a supplemental form of unemployment benefits, from thirty different states, by falsely representing to those states’ benefits administrators that he was eligible for the benefits.

    Both the Paycheck Protection Program and Pandemic Unemployment Assistance program are parts of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a federal law passed in March 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic.

    The case was investigated by the Department of Labor Office of the Investigator General, the Federal Bureau of Investigations, the United States Postal Inspection Service, and the Small Business Administration Office of the Inspector General. Assistant United States Attorney Hunter Bridges prosecuted the case for the United States.

    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 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 https://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: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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  • MIL-OSI Security: Tigard Repeat Offender Sentenced to Federal Prison for Transporting a Victim Across State Lines for Illegal Sexual Activity and Laundering Proceeds Through a Bottled Water Company

    Source: US FBI

    PORTLAND, Ore.—A Tigard, Oregon man with a lengthy criminal history was sentenced to federal prison today for transporting an adult victim across state lines for illegal sexual activity and laundering the proceeds through a Portland-based bottled water company.

    Johnell Lee Cleveland, 42, was sentenced to 108 months in federal prison and seven years’ supervised release. He was also ordered to pay $32,115 in restitution to the Oregon Department of Employment. The sum of restitution Cleveland must pay to his adult victim will be determined at a later date.

    “In the summer of 2020, Johnell Cleveland received a rare early release from federal prison he could have used as an opportunity to chart a new path away from criminality. Unfortunately, he did the exact opposite, diving headfirst into a remarkable series of crimes,” said Steven T. Mygrant, Chief of the Narcotics and Criminal Enterprises Unit of the United States Attorney’s Office for the District of Oregon. “We thank the FBI, IRS, and PPB for their efforts in holding Cleveland accountable and securing this nine-year prison sentence.” 

    “Johnell Cleveland has demonstrated a flagrant disregard for the law,” said Douglas A. Olson, Special Agent in Charge of the FBI Portland Field Office. “Even after serving a prison term, Cleveland continued his chronic criminal behavior with money laundering, wire fraud, and transporting an adult victim for illegal sexual activity. The FBI, along with our partners, is dedicated to maintaining the safety of our communities, and with Cleveland behind bars, our community is more secure.”

    “30 days is long enough to form positive habits; it is also more than long enough to return to bad ones, as Mr. Cleveland unfortunately chose to do,” said Special Agent in Charge Adam Jobes, IRS Criminal Investigation (CI), Seattle Field Office. “Given a second chance, Mr. Cleveland did not choose to better himself. Instead, he proceeded to cause immense harm to the people and to the communities around him. This sentencing shows that CI, along with our partners in law enforcement, will bring justice to repeat offenders as many times as needed, as Mr. Cleveland is finding out today.”

    According to court documents, in July 2019, Cleveland was sentenced to 57 months in federal prison for distributing cyclopropyl fentanyl, possessing a machine gun and money laundering. In the summer of 2020, nineteen months before his original projected release date, Cleveland sought and was granted a compassionate release from prison based on health risks associated with the COVID-19 pandemic.

    Less than 30 days following his release from prison, Cleveland and an associate submitted a fraudulent insurance policy application for nine pieces of jewelry previously seized by law enforcement. Approximately four months after Cleveland and his associate were issued an insurance policy worth more than $100,000, his associate submitted a false burglary report to the Las Vegas Police Department claiming her Mercedes-Benz sedan and various personal property, including the nine pieces of insured jewelry, had been stolen. Seeking reimbursement, Cleveland quickly notified his insurance company of the purported jewelry theft.

    While his insurance fraud scheme was ongoing, in October 2020, Cleveland devised a separate scheme to fraudulently obtain COVID relief program funds. On October 14, 2020, he applied for Pandemic Unemployment Assistance (PUA) benefits for a five-month period beginning in April 2020, claiming he was unemployed because of the COVID-19 pandemic. In reality, Cleveland was unemployed during this time because he was in federal prison. Despite his false claims, Cleveland’s application was approved, and he began receiving PUA benefits.

    Investigators later learned that during this same time period, Cleveland transported for illegal sexual activity an adult woman he had, in August 2020, commenced a romantic relationship with. Cleveland told the woman that he needed money to get his business ventures off the ground and fund their future together. Over time, Cleveland became less friendly and more menacing toward the woman, demanding she travel frequently and engage in more commercial sex. Meanwhile, Cleveland kept all the money the woman earned and threatened her with various punishments he claimed to have used on other women, including locking her in a dog cage.

    To conceal and disguise the nature of his victim’s proceeds, Cleveland used the money to pay business expenses for the bottled water company, including costs for bottling and manufacturing, rental of corporate office space in Portland, merchandising, and a monthly retainer with a modeling agency.

    On November 3, 2021, Cleveland was arrested without incident in Portland. The same day, investigators seized Cleveland’s vehicle. A subsequent search of the vehicle resulted in the discovery of a secret compartment in the driver-side door that concealed a loaded handgun.

    On October 19, 2021, a federal grand jury in Portland returned an indictment charging Cleveland and his insurance fraud associate with conspiring to commit and committing wire fraud. Later, in on March 10, 2022, Cleveland was indicted a second time for sex trafficking by force, fraud, and coercion; illegally possessing a firearm as a convicted felon; and money laundering. 

    On February 4, 2024, Cleveland pleaded guilty to both counts of his fraud indictment and a three-count superseding criminal information charging him with transportation for illegal sexual activity, illegally possessing a firearm as a convicted felon, and money laundering.

    This case was investigated by the FBI, IRS CI, and the Portland Police Bureau Human Trafficking Unit. It was prosecuted by Peter Sax and Nicole Bockelman, Assistant U.S. Attorneys for the District of Oregon.

    If you or someone you know is in danger, please call 911. If you are a human trafficking victim or have information about a potential human trafficking situation, please call the National Human Trafficking Resource Center at 1-888-373-7888 or by texting 233733. Calls and texts are answered 24 hours a day, seven days a week.

    Human trafficking is a serious federal crime where individuals are compelled by force, fraud, or coercion to engage in commercial sex, labor, or domestic servitude against their will. Traffickers exploit and endanger some of the most vulnerable members of our society and cause unimaginable harm. In February 2022, Attorney General Merrick B. Garland launched a new national strategy to combat human trafficking that aims to prevent all forms of trafficking, prosecute trafficking cases, and support trafficking victims and survivors.

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  • MIL-OSI Security: Hartford Man Sentenced to 30 Years for Sexual Exploitation of a Child

    Source: US FBI

                Montgomery, Alabama – On Tuesday, June 7, 2022, Steven Anthony Jackson, a 21-year-old from Hartford, Alabama, was sentenced to 360 months in prison for sexual exploitation of a child, announced United States Attorney Sandra J. Stewart. Following his 30-year prison sentence, Jackson will be on supervised release for the remainder of his life and will be required to register as a sex offender. There is no parole in the federal system.

                According to his plea agreement and other federal court documents, Jackson specifically admitted that, in 2019, he enticed a 12-year-old girl to send nude photos to him via computer or smartphone. Jackson pleaded guilty to the charge on April 18, 2022.

                This case was investigated by FBI offices in Mobile, Alabama; Little Rock, Arkansas; and Columbus, Ohio, along with the Alabama Law Enforcement Agency, the Geneva County, Alabama Sheriff’s Office; and the Knox County, Ohio Sheriff’s Office. Assistant United States Attorney J. Patrick Lamb prosecuted the case.

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  • MIL-OSI Security: FBI Warns Public to Beware of Scammers Impersonating FBI Agents and Other Government Officials

    Source: US FBI

    PORTLAND, OR—The FBI Portland Division has seen an increase in reports of scammers falsely representing themselves as FBI agents, or a representative of another government agency, and sending couriers to pick up cash or gold payments.

    Be advised, federal agencies do not call or e-mail individuals threatening arrest or demanding money. Scammers often spoof caller ID information, and these phone calls are fraudulent even if they appear to be coming from an agency’s legitimate phone number. Recipients should hang up immediately and report the call.

    There are many versions of the government impersonation scam, and they all exploit intimidation tactics. Typically, scammers will use an urgent and aggressive tone, refusing to speak to or leave a message with anyone other than their targeted victim; and will urge victims not to tell anyone else, including family, friends, or financial institutions, about what is occurring.

    Payment is demanded in various forms, in this new version of the scam, victims are asked to withdraw money as either cash or gold and give that to a courier who arrives at their home. Other tactics include prepaid cards, wire transfers, and cash, sent by mail or inserted into cryptocurrency ATMs. Victims are asked to read prepaid card numbers over the phone or text a picture of the card.

    According to the Internet Crime Complaint Center (IC3), 14,190 people reported being victims of government impersonation scams in 2023, with losses totaling more than $394 million dollars. Here in the Portland Division, which includes all of Oregon, financial losses exceeded $1.7 million dollars in 2023.

    The scammers typically target older adults. In 2023, almost half the complainants reported to be over 60 (40%), and experienced 58% of the losses (almost $770 million) nationally. Complainants over the age of 60 lost more to these scams than all other age groups combined, and reportedly remortgaged/foreclosed homes, emptied retirement accounts, and borrowed from family and friends to cover losses in these scams. Some incidents have resulted in suicide because of shame or loss of sustainable income.

    The FBI will never:

    • Call or e-mail private citizens to demand payment or threaten arrest. You will also not be asked to wire a “settlement” to avoid arrest.
    • Ask you to use large sums of your own money to help catch a criminal.
    • Ask you for wire transfers or gift cards.
    • Call you about “frozen” Social Security numbers or to coordinate inheritances.

    Scams impersonating the FBI and other government agencies are a persistent problem and can also occur via e-mail. Common hallmarks of a scam e-mail include misspellings, missing words, and incorrect grammar. Fraudulent e-mails may give the appearance of legitimacy by using pictures of the FBI Director and/or the FBI seal and letterhead.

    Members of the public seeking to confirm that they have been contacted by an actual FBI employee are encouraged to call the FBI Portland Division at 503-224-4181 and ask to be connected directly.

    If you think you are a victim of this, or any other online scam please file a report with your local law enforcement agency and the FBI’s Internet Crime Complaint Center (IC3) at ic3.gov.

    More information about government impersonation schemes and other online fraud schemes can be found at https://www.fbi.gov/scams-and-safety/common-fraud-schemes.

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  • MIL-OSI Security: Jury Finds Doctor Guilty in $10 Million TRICARE Scheme

    Source: US FBI

          LITTLE ROCK—An Alexander doctor has been convicted for his involvement in a multi-million-dollar kickback conspiracy at the conclusion of a week-long trial. A federal jury found Joe David “Jay” May, 41, guilty on all 22 counts for which he was indicted.

          The jury returned their verdict Thursday evening after deliberating for about three hours. United States District Judge Kristine Baker presided over the trial, and Judge Baker will sentence May at a later date. 

          “Dr. May used his signature as a rubber stamp to help his friends rake in millions of dollars in kickbacks from fraudulent prescriptions,” said Jonathan D. Ross, United States Attorney for the Eastern District of Arkansas. “His crimes are a reprehensible abuse of his Hippocratic oath and his medical license. Our office and our federal law enforcement partners at the FBI and Department of Health and Human Services Office of Inspector General (HHS-OIG) are resolved to continue to bring to justice all other health care professionals who defraud our nation’s healthcare systems.”

          A grand jury returned an indictment against May in January 2020. The indictment alleged that May signed off on illegitimate prescriptions for pain cream in order to trigger a payout from TRICARE, the nation’s insurance for veterans.  A pharmacy promoter paid recruiters to find TRICARE beneficiaries, regardless of whether they needed the drugs, and then paid others to get medical professionals, including Jay May, to rubber stamp prescriptions for TRICARE beneficiaries.

          TRICARE paid over $12 million for compounded drugs prescribed through this scheme. Evidence at trial indicated that May wrote 226 prescriptions over the course of ten months, for which TRICARE paid $4.63 million. All but one of those prescriptions were supplied by drug sales representatives, Glenn Hudson and Derek Clifton, both of whom have pleaded guilty in the scheme, and directed to prescribers, May and a nurse practitioner named Donna Crowder, who has also pleaded guilty. May accepted cash bribes totaling nearly $15,000 and signed off on the prescriptions without consulting patients and without determining whether or not the prescription was needed.

          One recruiter hosted a meeting at Fisher Armory in North Little Rock. At that meeting, he signed people up for the drugs and offered to pay them $1,000. Thirteen of those patients were routed to Dr. May, who signed each prescription, and this group alone cost TRICARE $370,000. The conspirators learned that reimbursements from TRICARE might fall in May 2015, so April was the last opportunity to profit from the program. In the last ten days of April 2015, May signed 59 prescriptions, for which TRICARE paid $1.4M. During a single 9-week period at the height of the scheme, May deposited $9,925 cash; an FBI forensic accountant testified this was more cash than he deposited in 2014 and 2016 combined.

          “TRICARE is dedicated to serving our veterans, military members, and their families,” said FBI Little Rock Special Agent in Charge James Dawson. “Dr. May displayed a lack of integrity by defrauding millions from our nation’s military insurer and lying to our Agents in an effort to conceal his crimes. The FBI is committed to working alongside our partners at the U.S. Attorney’s Office to protect our service members and their loved ones from corrupt medical professionals like Dr. May.”

          “Dr. May engaged in a kickback scheme that undermined federal health care programs,” said Special Agent in Charge Miranda L. Bennett of the U.S. Department of Health and Human Services Office of Inspector General. “This verdict is a testament to strong law enforcement partnerships committed to holding physicians accountable for providing quality care to beneficiaries of these programs,” said HHS-OIG Special Agent in Charge Miranda Bennett.

          The statutory penalties for May’s convictions are: wire fraud, mail fraud, and falsifying records, not more than 20 years imprisonment; violation of the anti-kickback statute, not more than 10 years imprisonment; and conspiracy and making false statements, not more than five years imprisonment. In addition to any sentence imposed, May will also serve an added four years for convictions on two counts of aggravated identity theft. All offenses of conviction include a potential penalty of not more than a $250,000 fine and not more than three years of supervised release.

          The investigation was conducted by the FBI and HHS-OIG. The case was prosecuted by Assistant United States Attorneys Alexander Morgan and Stephanie Mazzanti.           

    # # #

    This news release, as well as additional information about the office of the

    United States Attorney for the Eastern District of Arkansas, is available online at

    https://www.justice.gov/edar

    Twitter:

    @EDARNEWS

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  • MIL-OSI Security: Arkansas Man Sentenced to 50 Years in Federal Prison for Sexual Exploitation of a Minor

    Source: US FBI

    FAYETTEVILLE – A Tontitown man was sentenced today to 600 months in prison without the possibility of parole on two counts of Sexual Exploitation of a Minor via Production of Child Pornography. The Honorable Judge Timothy L. Brooks presided over the sentencing hearing in the U.S. District Court in Fayetteville.

    According to court documents, in July 2021 Agents with the Federal Bureau of Investigations received a lead regarding the exchange of child sexual abuse material between an individual in Florida with a user located in Tontitown, Arkansas. The investigation led the FBI to Joshua Paul Brown, 32.

    A residential search warrant was obtained and executed at Brown’s residence. Subsequent forensic examination of the electronics taken from Brown’s residence revealed Brown had produced multiple videos of child sexual abuse material with a minor. 

    Brown was indicted by a Grand Jury in the Western District of Arkansas in November 2021 and entered a plea of guilty in February 2022.

    U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.

    The FBI, Benton County Sheriff’s Office and Tontitown Police Department investigated the case.

    Assistant U.S. Attorney Carly Marshall prosecuted the case.

    This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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  • MIL-OSI Security: Butte County Man Indicted for Child Enticement

    Source: US FBI

    SACRAMENTO, Calif. — A federal grand jury returned an indictment today against Kevin Leslie Gipson, 58, of Oroville, charging him with attempted coercion and enticement of a minor to engage in sexual activity, U.S. Attorney Phillip A. Talbert announced.

    According to court documents, Gipson attempted to persuade, coerce, and entice a minor to engage in oral copulation and to commit lewd and lascivious acts on a child under 14 years old.

    This case is the product of an investigation by the Sacramento Sheriff’s Office, the Sacramento Valley Hi-Tech Crimes Task Force/Internet Crimes Against Children Task Force and the Federal Bureau of Investigation. Assistant U.S. Attorney Jessica Delaney is prosecuting the case.

    If convicted, Gipson faces a maximum statutory penalty of life in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

    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 the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.

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  • MIL-OSI Security: FBI Cleveland Seeking Candidates to Fill Two Mission Critical Positions for Its Downtown Cleveland Location

    Source: US FBI

    CLEVELAND, OH—FBI Cleveland announced it is seeking candidates to fill two positions during a mission-critical hiring campaign for its downtown Cleveland field office:

    Data Analyst

    This on-site role is well suited for the candidate with coding, mathematics, statistics, data analysis, and data visualization experience. Candidates must have the following education or combination of education and work experience, including a bachelor’s degree from a U.S.-accredited college or university in:

    • Computer Science
    • Engineering
    • Information Science
    • Information Systems Management
    • Mathematics
    • Operations Research
    • Statistics – Technology Management

    or, a combination of education and experience, to include 24 course hours in one or more of the fields above. Starting at $44k – range to $123,584

    Digital Operations Specialist

    This role is ideal for the technical expert who will serve on our investigative teams and specialize in criminals’ use of technology. The incumbent will be skilled in computer science and familiarity with different operating systems, physical computer components and architectures, virtual machines, and scripting. Additionally, have knowledge of networking and routing protocols, network securities methodologies, and operations of various communications media, and knowledge of common computer and network methods of infection, and attack methods and techniques.

    Candidates must have a combination of education and work experience, including a bachelor’s degree from a U.S.-accredited college in a related discipline. Starting at $55k – range to $90k.

    The FBI offers a full suite of benefits, including annual leave, 11 federal holidays, sick leave starting at 13 days, Military and Parental leave, wellness hours, and free on-site parking. For a complete listing of benefits and FBI employment eligibility requirements, visit FBIjobs.gov.

    Interested candidates for these positions can send their resumes directly to the hiring manager at Applicants.cv@fbi.gov with the name of the position in the subject line. No phone calls, please.

    The FBI is the nation’s premier law enforcement agency with a worldwide presence and 56 field offices across the United States and serves to uphold the U.S. Constitution and protect the American Public. FBI Cleveland covers the 40 northern-most counties of the state encompassing close to 6 million people and is home to over 300 Special Agents and professional staff among its downtown Cleveland headquarters and eight resident agencies.

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  • MIL-OSI Security: Brazilian Man Charged with Making Extortionate Threats to Publicize Stolen Data Obtained by Unlawful Computer Intrusion

    Source: US FBI

    Newark, N.J. – A citizen and resident of Brazil was charged with making extortionate threats to publicize data stolen from the Brazilian subsidiary of a New Jersey company, U.S. Attorney Philip R. Sellinger announced.

    Junior Barros De Oliveira, 29, of Curitiba, Brazil was charged with four counts of extortionate threats involving information obtained from protected computers in violation of Title 18, United States Code, Section 1030(a)(7)(B) and four counts of threatening communications in violation of Title 18, United States Code, Section 875(d) in an indictment unsealed today in Newark federal court.

    According to the Indictment:

    In March 2020, De Oliveira gained unauthorized access and exceeded authorized access to the computer systems of Victim 1-Brazil, the Brazilian subsidiary of a New Jersey company.  Exploiting this access, De Oliveira obtained confidential customer information relating to approximately 300,000 customers of Victim 1-Brazil.  In September 2020, De Oliveira began contacting U.S. representatives of Victim 1, including its CEO, in an attempt to extort money from Victim 1-Brazil.  De Oliveira demanded over approximately $3,000,000 in Bitcoin in exchange for keeping the stolen data confidential and not publicizing it.

    Each of the four counts of making extortionate threats in relation to information obtained from protected computers carry a maximum prison term of 5 years, and a maximum fine of $250,000 or twice the value of any gain or loss, whichever is greater.  Each of the four counts of threatening communications carry a maximum prison term of 2 years, and a maximum fine of $250,000 or twice the value of any gain or loss, whichever is greater.

    U.S. Attorney Sellinger credited special agents of the Federal Bureau of Investigation (“FBI”)’s Newark Field Office, under the direction of Acting Special Agent in Charge Nelson I. Delgado.

    The government is represented by Assistant U.S. Attorney David E. Malagold of the Cybercrime Unit in Newark.

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

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  • MIL-OSI Security: Chief Science Officer of Publicly Traded Health Care Company Charged for Insider Trading Scheme Utilizing 10b5-1 Trading Plans

    Source: US FBI

    Second Indictment Stemming from Fraud Section’s Data-Driven Initiative to Identify 10b5-1 Trading Plan Abuses

    Note: View a copy of the indictment here.

    An indictment was unsealed today charging a former U.S. citizen with engaging in an insider trading scheme involving the stock of Humanigen Inc., a publicly traded biopharmaceutical company. Dale Chappell, 54, who was formerly the chief scientific officer and member of the Board of Directors of Humanigen, was arrested on Dec. 20 in Switzerland based on the U.S. criminal charges. The United States will seek Chappell’s extradition to stand trial in the District of New Jersey.

    According to court documents, between June and August of 2021, Chappell avoided more than $38 million in losses by selling millions of shares of Humanigen stock while in possession of material nonpublic information about Humanigen’s application to the Food and Drug Administration (FDA) for approval of a drug to treat COVID-19 called Lenzilumab. Chappell — who sold the Humanigen shares through funds that he controlled — is alleged to have engaged in an insider trading scheme in which he fraudulently used Rule 10b5-1 trading plans to trade Humanigen stock.

    The indictment alleges that, in March 2021, Humanigen announced that it planned to seek emergency use authorization (EUA) for Lenzilumab. However, between April and May 2021, FDA staff allegedly informed Humanigen that Humanigen was unlikely to meet the criteria for issuance of an EUA. As alleged, knowing that this information was not disclosed publicly by Humanigen, Chappell sold the funds’ Humanigen stock, and later also implemented Rule 10b5-1 plans to trade more Humanigen stock holdings. After Humanigen publicly announced that the FDA had declined EUA approval for Lenzilumab, Humanigen’s stock price declined approximately 50%.

    Chappell is charged with one count of engaging in a securities fraud scheme and four counts of securities fraud for insider trading. If convicted, he faces a maximum penalty of 25 years in prison on the securities fraud scheme charge and 20 years in prison on each of the insider trading charges. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    The case is part of a data-driven initiative led by the Criminal Division’s Fraud Section to identify executive abuses of 10b5-1 trading plans. Chappell’s alleged trading was identified by the Fraud Section through its data-analytics tools. A Rule 10b5-1 trading plan, which allows a corporate insider of a publicly traded company to set up a plan for selling company stock, can offer an executive a defense to insider-trading charges. However, the defense is unavailable if the executive is in possession of material nonpublic information at the time he or she enters into the 10b5-1 trading plan. Additionally, a plan does not protect an executive if the trading plan was not entered into in good faith or was entered into as part of an effort or scheme to evade the prohibitions of Rule 10b5‑1.

    Principal Deputy Assistant Attorney General Brent Wible, head of the Justice Department’s Criminal Division; U.S. Attorney Philip R. Sellinger for the District of New Jersey; and Assistant Director Chad Yarbrough of the FBI’s Criminal Investigative Division made the announcement.

    The FBI is investigating the case. The Justice Department’s Office of International Affairs is handling the request for Chappell’s extradition.

    Trial Attorneys David Austin and Matthew Reilly of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Katherine Romano for the District of New Jersey are prosecuting the case.

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

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