Houston consulting company admits to H-1B visa fraud conspiracy

 HOUSTON – Cloudgen LLC has pleaded guilty to conspiracy to commit H-1B visa fraud, announced Acting U.S. Attorney Jennifer B. Lowery.

Cloudgen LLC is a consulting and strategic solutions company located on South Dairy Ashford Road in Houston. Through its corporate representative Jomon Chakkalakkal, Cloudgen pleaded guilty to conspiring to commit visa fraud from on or about March 2013 to December 2020. During the plea, the company admitted to recruiting multiple Information Technology workers from India and falsely procuring H-1B visas for them to enter and work in the United States.  A H-1B visa permits the temporary employment of non-immigrants to fill specialized jobs in the United States.

Specifically, in this “bench and switch” scheme, the company would file documents with the Departments of Labor (DOL) and Homeland Security (DHS) containing fraudulent statements about the availability of work at third-party national employers. Cloudgen would then submit forged contracts stating each third-party company had a job for the individual Indian national. Next, based on those false documents, Cloudgen would submit paperwork to get an H-1B worker’s visa for the Indian nationals. When granted, they would use that visa to allow the Indian nationals to enter the United States. 

However, because the jobs were fake, they were housed in different locations across the country while Cloudgen obtained other employment for them. Such action gave Cloudgen a competitive advantage by having a steady “bench” or supply of visa-ready workers to send to different employers based on market needs when the true process actually takes some time. Once workers had obtained new employment, the “switch” would occur when the new third-party company filed immigration paperwork for the foreign workers. 

Cloudgen would also extend their visas, based on the original false ones, to allow them to stay and continue working in the United States. Cloudgen took a percentage of the worker’s salary as their fees, earning approximately $493,516.28 in profits during the course of the conspiracy.   

Chief U.S. District Judge Lee H. Rosenthal will impose sentencing Sept. 16. At that time, the company could have to pay up to $500,000 or the greater of twice the gross gain or twice the gross loss as well as a maximum five years of probation.

The Department of State conducted the investigation with the assistance of DOL and DHS. Assistant U.S. Attorneys Richard W. Bennett and Jay Hileman are prosecuting the case. 

Secretary of Defense Lloyd J. Austin III Remarks for the Memorial Day Observance at Arlington National Cemetery (As Delivered)

 May 31, 2021

Secretary Of Defense Lloyd J. Austin III

---

Mr. President, Dr. Biden, Madam Vice President, Mr. Emhoff, General Milley, distinguished guests, service members, Gold Star family members, my fellow veterans, ladies and gentlemen: Thank you for joining us on this solemn day in this solemn place.

We come together to remember, to renew our sense of common purpose, and to reach out to those who have long mourned, and to those who newly grieve.

Mr. President, in thinking about joining you here today, I reflected on a meeting I held a few days ago with some of our Gold Star and surviving families.

One of them was Shannon Slutman, the wife of a Marine reservist. They have three children. Her husband Chris was killed by a suicide bomber on April 8, 2019, in Bagram, Afghanistan.

The first thing that she said in our meeting was, simply, “I’m going to try not to cry.” And she told us that, before her husband left on one of his deployments, she sat him down and said, “God forbid something happens to you, but if it does, where do you want me to bury you?” And he told her, “I don’t care—I just want to be near you.” And today, Staff Sergeant Chris Slutman rests here in Arlington, in Section 60—alongside so many of his brothers and sisters in arms who made the ultimate sacrifice in action in this longest of American wars.

Our Gold Star and surviving families wage a fight that goes on long after the funerals. And it is our sacred duty to do more to ease the burden that they shoulder, on Memorial Day and every day. Because for as long as America has sent our sons and daughters into harm’s way, those on the home front have also been on the front lines.

Mr. President, you know firsthand the pride of seeing a loved one put on our country’s uniform. You also know what it means to wait and worry while a son serves in a battle zone far away. And you know what it means to commit American troops to fight—and you understand the mixture of pride and stress and fear and love that all our military families live with.

As a former commander, I know these feelings myself.

For the loved ones of those who have fallen, let me simply say: We know the depth of your sacrifice. But we can never truly know the depth of your loss.

What we can do is honor the memory of those you lost—by caring for those who mourn them… by seeking to perfect our union and defend our democracy… and by striving to live our lives in ways that advance the ideals for which they gave their own.

It is indeed an honor to be here with all of you today.

Ladies and gentlemen, the President of the United States.

Talladega County Man Sentenced on Drug Charges

 BIRMINGHAM, Ala.  – A federal judge today sentenced a Talladega man on drug charges, announced United States Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Mickey French.

U.S. District Court Judge Corey L. Maze sentenced Anthony Lamon Frazier, 39, to 120 months in prison followed by five years ‘supervised release for possession with the intent to distribute more than 50 grams of methamphetamine. A jury convicted Frazier in December 2020. 

“Today’s sentence sends a message to those dealing methamphetamine in our communities – you will get caught and spend time in a federal prison,” U.S. Attorney Escalona said.  “I commend our law enforcement partners for their tireless work to eliminate methamphetamine distribution across the Northern District of Alabama.”  

“ATF’s partnerships focuses on the devastating impact of contraband and works with the entire community to deter poor choices and provide alternatives,” ATF SAC French said. 

In October 2019, Frazier delivered almost two pounds of methamphetamine to an individual and used his Talladega County government work truck to distribute the narcotics.

ATF investigated the case, along with the Talladega County Drug Task Force.  Assistant U.S. Attorneys Blake Milner and Allison Garnett prosecuted the case.

Lawrence County Man Convicted of Child Pornography Charges

 ASHLAND, Ky. – A Lawrence County, Ky. man was convicted Thursday, by a federal jury sitting in Ashland, of 11 counts of child pornography charges.  The counts included five counts of production, four counts of receipt, one count of distribution, and one count of possession of a matter containing visual depictions of a minor engaging in sexually explicit conduct.

The jury convicted Dale Allen Fraley, 49, after two hours of deliberations, following a   three-day trial.

According to the evidence at trial, Fraley used various online “personas” to induce, persuade, or coerce minors to engage in sexually explicit conduct, for the purpose of producing visual depictions of that conduct.  Fraley, acting through the online “personas,” would threaten minor females to engage in various sexual acts and to record that activity, or send the images to him “live” via Skype or other applications.  He also persuaded the minors to come to his home, sometimes at the behest of the online “personas,” to get “sexual experience” with Dale Fraley as the teacher.  Fraley would sometimes record the sexual activity between himself and the minors at his home, or record the minors masturbating or engaging in the lewd and lascivious exhibition of their genitalia.

Fraley was indicted in October of 2019, with a Superseding Indictment being returned in September of 2020.

Carlton S. Shier, IV., Acting United States Attorney for the Eastern District of Kentucky, James R. Brown, Special Agent in Charge, Federal Bureau of Investigation (FBI) Louisville Division; and Chief Brian Mullins, Eastern Kentucky University Police, jointly announced the jury’s verdict.

The investigation was conducted by the FBI, including a Task Force Officer employed by the Eastern Kentucky University Police Department.  The United States was represented in the case by Assistant U.S. Attorneys David Marye and Mary Melton.

Fraley will appear for sentencing before U.S. District Judge David Bunning, on October 18, 2021.  He faces a maximum of 30 years in prison for each count of production, 20 years for each count of receipt and distribution of child pornography, and ten years for possession of child pornography.  However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing the sentence.

Buffalo Man Pleads Guilty For His Role In Cocaine Conspiracy

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Louis Gilbert, 43, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000.

Assistant U.S. Attorneys Richard Antoine and Laura A. Higgins, who are handling the case, stated that between July 2019, and January 10, 2020, the defendant conspired with others to sell cocaine. On January 10, 2020, Gilbert and co-defendant Saan Thompson engaged in a text communication regarding a drug sale. Thereafter, investigators set up surveillance in the vicinity of 189 May Street and observed Thompson and Gilbert meet inside of the residence. Afterwards, Erie County Sheriff’s deputies conducted a traffic stop of the vehicle Gilbert was driving and he was found in possession of suspected cocaine.

Saan Thompson and another co-defendant Ronnie Charleston were previously convicted and are awaiting sentencing. Charges remain pending against co-defendant Antoine Gilbert. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation Safe Streets Task Force,  under the direction of Special Agent-in-Charge Stephen Belongia; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito.   

Sentencing is scheduled for September 14, 2021, before Judge Arcara.

Rapid City Man Indicted on Child Pornography Charges

 Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man was charged in federal district court with Receipt of Child Pornography and Possession of Child Pornography.  

Javier Clark Moreno, age 40, was indicted on May 20, 2021.  Clark appeared before U.S. Magistrate Judge Daneta Wollmann on May 24, 2021, and pleaded not guilty to the charges.  The maximum penalty upon conviction is a mandatory minimum of 5 up to 20 years in federal prison and/or a $250,000 fine, up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

Moreno was federally indicted following a Cybertip from the National Center of Missing and Exploited Children.  The charges relate to Moreno receiving and possessing child pornography between October 2020 and February 2021, at Rapid City.  The charges are merely an accusation and Moreno is presumed innocent until and unless proven guilty. 

The investigation is a joint effort between Homeland Security Investigations, the South Dakota Division of Criminal Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office.  Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.

Moreno was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set. 

Alexandria Jury Convicts Armed Robbery Defendant

ALEXANDRIA, La. – Larcentursa Mayweather a.k.a. “Cent” a.k.a “Lacenturia,” 49, of Winnfield, Louisiana, has been convicted on armed bank robbery charges, Acting United States Attorney Alexander C. Van Hook announced. United States District Judge Dee D. Drell presided over the four-day trial held in Alexandria.

Mayweather was charged on July 8, 2020 in a federal indictment with conspiracy to commit armed bank robbery, two counts of armed bank robbery, and one count of making a false bomb threat. Evidence introduced at trial showed that Mayweather conspired with two other co-defendants, Paul Nash, Jr. and Tabitha Lee Gray a.k.a. “Tabitha White” to rob two banks in the Western District of Louisiana in April 2019.

Mayweather helped plan the bank robberies and instructed Nash and Gray on how to carry out the robberies and what to do and he acted as the getaway driver. On April 2, 2019, Mayweather drove Nash and Gray to Campti, Louisiana and dropped them off at the City Bank and waited for them while they were inside committing the armed robbery. Nash and Gray left the bank with the stolen money and fled to the car where Mayweather was waiting, and they drove away. Prior to the bank robbery and in an effort to divert the attention of law enforcement officers while the robbery was being committed, Mayweather provided Nash with a cell phone and instructed him to make a false report to law enforcement conveying that there was a bomb threat on the Lakeview High School property in Campti.

The second armed robbery occurred on April 16, 2019 at the Bank of Montgomery in Castor, Louisiana. Again, Mayweather helped plan the robbery and instructed Nash and Gray on how to carry out the robbery. Instead of calling in a false report of a bomb threat, this time they committed an arson and set a house on fire to try and divert the attention of local law enforcement while the robbery was being committed. Nash and Gray entered the bank with firearms drawn and ordered the tellers to stay out of the way so they could take the money. After the money was stolen, Nash and Gray ran out of the bank intending to find Mayweather, who had promised he would be waiting to pick them up. Instead, once they exited the bank, Mayweather saw law enforcement officers in the area and instead of picking them up, he accelerated and left Nash and Gray to fend for themselves. Nash and Gray ran into a nearby wooded area and were later apprehended. Mayweather was seen leaving the area of the Bank of Montgomery and was stopped and arrested by law enforcement officers. Gray's purse and a receipt belonging to Nash were found in his vehicle. 

Testimony at trial revealed that a glove belonging to Mayweather was found in the parking lot and his DNA was on the glove. Further, Nash and Gray each wore gloves during the robberies which were provided by Mayweather from his place of employment at the time.

Nash and Gray each previously pleaded guilty in this case and agreed to testify about their involvement in the robberies. Nash is scheduled to be sentenced on June 18, 2021 at 11:00 a.m. Gray is scheduled to be sentenced on August 19, 2021 at 2:00 p.m.

Mayweather faces up to 5 years in prison on the conspiracy count, up to 25 years on the armed bank robbery counts, up to 10 years on the false bomb threat count, and up to a $250,000 fine. Sentencing is set for August 27, 2021 at 11:00 a.m.

The FBI, Louisiana State Police, Natchitoches Parish Sheriff’s Office, Bienville Parish Sheriff’s Office, Jackson Parish Sheriff’s Office, and Louisiana State Fire Marshal conducted the investigation. Assistant U.S. Attorneys Tennille Gilreath and Robert F. Moody prosecuted the case.

Twin Falls Man Sentenced to 30 Years in Federal Prison for Distribution and Possession of Child Pornography

 BOISE - Miles Patrick Barclay, 47, of Twin Falls, was sentenced in U.S. District Court to 360 months in federal prison for distribution and possession of child pornography, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. U.S. District Judge B. Lynn Winmill also ordered Barclay to serve 25 years of supervised release following his prison sentence. Barclay pleaded guilty to the charges on October 29, 2020.

According to court records, in June 2019, Barclay began communicating online with an undercover detective posing as a 14-year-old female. Barclay engaged in sexually explicit conversation with the 14-year-old and asked her to take explicit images of herself and send them to him. Barclay also sent the 14-year-old images and videos of child pornography.

A federal magistrate judge issued a search warrant for Barclay’s residence in Twin Falls. Members of the Idaho Internet Crimes Against Children (ICAC) Task Force executed the search warrant and seized two cellphones and two laptop computers from the residence. A forensic examination of the devices revealed hundreds of files of child pornography. Barclay admitted to communicating online with an underage female and to trading child pornography with other individuals through the internet.

At sentencing, Judge Winmill also ordered Barclay to pay restitution of $27,000 to victims in the images he possessed and to forfeit the electronic devices used in the commission of the offense. As a result of conviction, Barclay will be required to register as a sex offender.

This case was investigated by the Idaho ICAC Task Force and the Rupert Police Department with assistance from the U.S. Marshals Service, the United States Postal Inspection Service, the Twin Falls Police Department, and the Idaho Department of Correction Probation and Parole.

Fort Walton Beach Man Sentenced To Twenty Years In Federal Prison For Drug Trafficking And Firearms Charges

 PENSACOLA, FLORIDA – Cedric O. Valentine, 45, of Fort Walton Beach was sentenced yesterday to a 20-year mandatory minimum term in federal prison, following his conviction on multiple charges related to possession and distribution of methamphetamine, fentanyl, heroin and marijuana, as well as possession of firearms in furtherance of his drug trafficking. Jason R. Coody, Acting United States Attorney for the Northern District of Florida, announced the sentence.

Valentine’s sentence was the result of a federal jury returning a guilty verdict on February 25, 2021, finding Valentine guilty of possession with intent to distribute 500 grams or more of a mixture of methamphetamine; 40 grams or more of mixture of fentanyl; 100 grams or more of mixture of heroin; and marijuana; possession of a firearm in furtherance of a drug-trafficking crime; and possession of a firearm and ammunition by a convicted felon. The evidence introduced at trial included evidence seized during a search of Valentine’s residence on May 15, 2020, which included 335 grams of a mixture of fentanyl and heroin, 991 grams of methamphetamine, 792 grams of marijuana, 2 grams of cocaine, and 5 grams of hydrocodone. In addition, DEA agents and investigators with the Okaloosa County Sheriff’s Office seized $24,796 in cash, along with two loaded handguns, an AR-15 style rifle, and a loaded extended magazine for the AR-15 style rifle.

“Valentine is well known to law enforcement agencies in North Florida as a dangerous career criminal,” said Acting U.S. Attorney Coody. “Thanks to the outstanding investigative work of our partners at the DEA, ATF, and the Okaloosa County Sheriff’s Office, our skilled team of prosecutors and support staff proved this case beyond a reasonable doubt. This violent armed drug trafficker has been called to account for his criminal conduct, and the citizens of our District are now safer.”

“A collaborative effort between all of our law enforcement and prosecutorial partners shut down this distributor of extremely dangerous narcotics in Northern Florida.” said DEA’s Miami Field Division Acting Special Agent in Charge La Verne Hibbert. “We will continue to focus our collective resources against any individual that threatens the well-being and safety of our communities.”

“When you see the results of that search warrant, it’s clear this case is a prime illustration of the effectiveness of our local, state, and federal law enforcement partnerships to shut down major drug dealing operations that threaten not only our citizens’ health and safety, but their quality of life as well,” said Okaloosa County Sheriff Eric Aden.

Valentine’s 20-year mandatory minimum term in federal prison will be followed by 10 years of federal supervised release. 

This sentence was the result of an investigation conducted by the Drug Enforcement Administration, the Okaloosa County Sheriff’s Office, and the Bureau of Alcohol Tobacco, Firearms and Explosives. Assistant United States Attorney J. Ryan Love of the U.S. Attorney’s Office for the Northern District of Florida, prosecuted the case.

California Man Sentenced to 90 Months in Prison for Conspiring to Distribute over 30 Pounds of Crystal Methamphetamine and Five Kilos of Fentanyl into New Jersey

 CAMDEN, N.J. – A California man was sentenced today to 90 months in prison for shipping approximately 30 pounds of crystal methamphetamine and conspiring to send an additional five kilograms of fentanyl into New Jersey, Acting U.S. Attorney Rachael A. Honig announced.

Isabel Otanez-Sanchez, 27, of San Jacinto, California, previously pleaded guilty before U.S. District Judge Noel Hillman to an information charging him with one count of conspiracy to possess with intent to distribute 500 grams or more of methamphetamine and a quantity of fentanyl. Judge Hillman imposed the sentence today in Camden federal court.

According to documents filed in this case and statements made in court:

In September 2018, law enforcement officers received information that an individual known as “Pancho,” later identified as Otanez-Sanchez, was shipping large quantities of narcotics to New Jersey from California. On Jan. 28, 2019, Otanez-Sanchez agreed to send 30 pounds of methamphetamine to a law enforcement confidential source (the “CS”) in Atlantic City, New Jersey. Otanez-Sanchez and conspirator Jesus Zavala-Torres hid 28 packages of methamphetamine inside a salvaged vehicle that was shipped to New Jersey from California. Agents recovered the 28 packages, totaling approximately 30 pounds, from the car’s gas tank. On Feb. 12, 2019, the CS met with Otanez-Sanchez and Zavala-Torres in Riverside, California. Otanez-Sanchez and Zavala-Torres also agreed to sell an additional five kilograms of fentanyl that would be shipped to the CS in New Jersey in the same manner as the methamphetamine.  Following this meeting, Otanez-Sanchez and Zavala-Torres were arrested by law enforcement and the five kilograms of fentanyl they intended to ship to New Jersey were recovered.

In addition to the prison term, Judge Hillman sentenced Otanez-Sanchez to five years of supervised release. Zavala-Torres is scheduled to be sentenced June 2, 2021.

Acting U.S. Attorney Honig credited special agents of the Department of Homeland Security, Homeland Security Investigations (HSI), Cherry Hill, under the direction of Special Agent in Charge Jason J. Molina in Newark, with the investigation leading to the charges and today’s sentencing. She also thanked HSI in Riverside, California; the New Jersey State Police; the Hemet, California, Police Department; and the Atlantic City Task Force for their assistance.

The government is represented by Special Assistant U.S. Attorney Meriah Russell of the U.S. Attorney's Office Criminal Division in Camden.

Scott Township Man Charged with Possessing Meth

 PITTSBURGH– A suburban Pittsburgh resident has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotics laws, Acting United States Attorney Stephen R. Kaufman, announced today.

The one-count Indictment named James France, 58, formerly of Scott Township, Pennsylvania, as the sole defendant.

According to the Indictment, on or about June 29, 2016, the defendant possessed with intent to distribute and distributed 50 grams or more of methamphetamine.

The law provides for a maximum total sentence of not less than 10 years and up to life in prison, a fine of $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentences imposed would be based upon the seriousness of the offenses and the prior criminal histories, if any, of the defendants.

Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.

The Scott Township Police Department and the Drug Enforcement Administration conducted the investigation leading to the Indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

Resident Legal Advisor, Indonesia

 Criminal Division (CRM)

Office of Overseas Prosecutorial Development, Assistance and Training

Attorney

Jakarta

Indonesia

21-CRM-DET-042

About the Office: 

While this vacancy expires on June 28, 2021, the announcement may be closed at any time if a selection is made. This assignment is for a period of 14 months, beginning on or about December 2021, with the possibility of extension, contingent on the availability of funding. Appointment to this position will be through a reimbursable detail.

The mission of the Criminal Division's Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT) is to develop and administer technical and developmental assistance designed to enhance the capabilities of foreign justice sector institutions and their law enforcement personnel. This assistance is administered in order to enable those institutions and their personnel to more effectively combat terrorism, transnational organized crime, corruption, financial crimes, and other types of crime in a manner consistent with the rule of law. The assistance is also administered to enable those institutions and their personnel to more effectively cooperate regionally and with the United States in combating such crime. https://www.justice.gov/criminal-opdat.

Job Description: 

The Resident Legal Advisor (RLA) will represent the Department of Justice and OPDAT in the implementation of justice sector technical assistance activities in order to strengthen the bilateral relationship between the United States and Indonesia on criminal justice matters. This RLA position, co-funded by the State Department’s Bureau of International Narcotics and Law Enforcement and Bureau of Counterterrorism, will provide assistance on projects related to trafficking in persons and narcotics, in addition to counter-terrorism topics including: (1) prosecution of terrorism cases using the new counterterrorism law; (2) money laundering related to terrorism and the financing of terrorism; (3) court security; (4) asset forfeiture during terrorism investigations; and (5) mutual legal assistance in criminal terrorism cases. The RLA will work closely with local law enforcement and government officials, including prosecutors, judges, parliamentarians, and others to develop and carry out the justice sector assistance program.

Qualifications: 

Required: To qualify for this position, applicants must possess ALL of the requirements below:

1. A J.D. degree, duly licensed, and authorized to practice as an attorney under the laws of any State, territory of the United States, or the District of Columbia, and be an active member of the bar in good standing. 
2. Specific grade level requirements:

• GS-15:  At least four (4) years of post J.D. legal experience, to include four (4) years of prosecutorial experience in Article III courts or comparable state level courts.
• GS-14:  At least three (3) years of post J.D. legal experience, to include three (3) years of prosecutorial experience in Article III courts or comparable state level courts.

Applicants must have, or be able to obtain through their Component/Agency, and maintain a Top Secret security clearance.

Preferred: Applicants should have a thorough understanding and practical knowledge of the Department of Justice and other United States Government approaches and policies involving transnational crimes, security, and justice sector development issues, including training and institution-building. 

The successful applicant should also have:

• Ability to function effectively in an international, multi-cultural environment;
• Excellent interpersonal and management skills;
• Ability to communicate effectively orally and in writing;
• Extensive prosecution experience; and
• Experience in bar activities, teaching, designing course curricula, and/or work with international development projects.

Salary: 

Under a detail assignment, there is no change to the selectee’s base pay. If applicable, the selectee will also receive appropriate post and overseas salary differentials.

Travel: 

Travel to/from Indonesia and within the country will be required.

Application Process: 

While this vacancy announcement expires on June 28, 2021, the announcement may be closed at any time if a selection is made. The Application Package must be received by 11:59 PM, Eastern Time, on the closing date of this announcement.

All interested attorneys meeting these qualifications should submit a cover letter and resume to OPDATDetails.ASIA@usdoj.gov.

Applicants should familiarize themselves and comply with the relevant rules of professional conduct regarding any possible conflicts of interest in connection with their applications. In particular, please notify this Office if you currently represent clients or adjudicate matters in which this Office is involved and/or you have a family member who is representing clients or adjudicating matters in which this Office is involved so that we can evaluate any potential conflict of interest or disqualification issue that may need to be addressed under those circumstances.

Application Deadline: 

Monday, June 28, 2021

Relocation Expenses: 

Relocation expenses are authorized. This is an accompanied position.

Number of Positions: 

1

Updated May 28, 2021

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Department Policies

Equal Employment Opportunity:  The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer.  Except where otherwise provided by law, there will be no discrimination because of color, race, religion, national origin, political affiliation, marital status, disability (physical or mental), age, sex, gender identity, sexual orientation, protected genetic information, pregnancy, status as a parent, or any other nonmerit-based factor.  The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice. For more information, please review our full EEO Statement.

Reasonable Accommodations:  This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency.  Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

Outreach and Recruitment for Qualified Applicants with Disabilities:  The Department encourages qualified applicants with disabilities, including individuals with targeted/severe disabilities to apply in response to posted vacancy announcements.  Qualified applicants with targeted/severe disabilities may be eligible for direct hire, non-competitive appointment under Schedule A (5 C.F.R. § 213.3102(u)) hiring authority.  Individuals with disabilities are encouraged to contact one of the Department’s Disability Points of Contact (DPOC) to express an interest in being considered for a position. See list of DPOCs.   

Suitability and Citizenship:  It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment.  Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Congress generally prohibits agencies from employing non-citizens within the United States, except for a few narrow exceptions as set forth in the annual Appropriations Act (see, https://www.usajobs.gov/Help/working-in-government/non-citizens/). Pursuant to DOJ component policies, only U.S. citizens are eligible for employment with the Executive Office for Immigration Review, U.S. Trustee’s Offices, and the Federal Bureau of Investigation. Unless otherwise indicated in a particular job advertisement, qualifying non-U.S. citizens meeting immigration and appropriations law criteria may apply for employment with other DOJ organizations. However, please be advised that the appointment of non-U.S. citizens is extremely rare; such appointments would be possible only if necessary to accomplish the Department's mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis. All DOJ employees are subject to a residency requirement. Candidates must have lived in the United States for at least three of the past five years. The three-year period is cumulative, not necessarily consecutive. Federal or military employees, or dependents of federal or military employees serving overseas, are excepted from this requirement. This is a Department security requirement which is waived only for extreme circumstances and handled on a case-by-case basis.

Veterans:  There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his  or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).

 

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This and other vacancy announcements can be found under Attorney Vacancies and Volunteer Legal Internships. The Department of Justice cannot control further dissemination and/or posting of information contained in this vacancy announcement. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information.

Jury Convicts Halfmoon Man of Firearm and Threats Charges in First NDNY Criminal Trial Since Pandemic Began

 Romano McCain Illegally Possessed a Handgun and Ammunition, and Threatened to Kill Two Men and a Baby

ALBANY, NEW YORK – Following a four-day trial, a jury today found Romano McCain, age 48, of Halfmoon, New York, guilty of possession of a firearm and ammunition by a prohibited person and two counts of interstate transmission of threats to injure another person.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Chief David Keevern of the North Greenbush Police Department. 

This case marked the first federal criminal trial in the United States District Court for the Northern District of New York since the COVID-19 pandemic began to take hold in New York, and elsewhere, in mid-March 2020. 

The evidence at trial established that in January 2020, McCain and a man had a dispute over the man’s failure to pay $65 for a motorcycle vest.  In demanding payment on January 10, 2020, McCain sent the man Facebook messages threatening, “Bro..just have my money....i play with guns..no fighting....and i always have one on me...you on that bs....pay me pay money,” followed by, “i will blow your [expletive] head off.” 

Later in the month, McCain had a falling out with another man over money McCain owed the man.  On January 31, 2020, McCain sent the second man a Facebook message threatening, “I will kill your dauther..bro..i dont know me....we at the strip in morning..be there...me and my girl...with the heat..see you there.”  The man had an infant daughter at the time and “heat” was slang for a gun.

The evidence showed that “the Strip” is an area on River Road in North Greenbush, New York, where motorsport enthusiasts rode ATVs, dirt bikes, and motorcycles.  On February 23, 2020, McCain went to the Strip with his girlfriend, was in a fistfight, and then retrieved a rifle from his girlfriend’s truck, which he fired in the direction of a crowd of people; no one was injured in the shooting. 

Five days later, in the early-morning hours of February 28, 2020, the ATF and other law enforcement agencies executed a search warrant at McCain’s girlfriend’s house in Latham, New York, where McCain had spent the previous night.  In searching a box chest at the foot of the bed in the bedroom, agents discovered a loaded .38 special caliber revolver.  A box of ammunition for the revolver was discovered under a couch in the living room.  In a number of text messages, McCain threatened the use of firearms and referenced his possession of firearms with his girlfriend, including after the shooting on February 23, when he texted: “We got alot [sic] of guns.”  At the time he possessed the revolver and ammunition, McCain was subject to a domestic violence restraining order issued by the Albany City Court in June 2019.

At sentencing scheduled for September 28, 2021, before U.S. District Judge Mae A. D’Agostino, McCain faces up to 10 years in prison on the firearm and ammunition conviction; up to 5 years in prison on each of the threat convictions; a fine of up to $250,000; and a term of post-release supervision of up to 3 years. 

This case was investigated by the ATF, North Greenbush Police Department, and Colonie Police Department, and is being prosecuted by Assistant U.S. Attorneys Cyrus P.W. Rieck and Rachel Williams. 

Jury Convicts Guatemalan National for Assaulting U.S. Border Patrol Agent Near Sanderson

 DEL RIO – A federal jury in Del Rio yesterday convicted 24-year-old Ludwin Artemio Santizo-Escobedo, a Guatemalan national, of assaulting a U.S. Border Patrol agent near Sanderson in 2019.

Evidence presented during the two-day trial revealed that during a traffic stop on State Highway 349 between Dryden and Sanderson on October 22, 2019, a U.S. Border Patrol agent discovered and attempted to arrest the defendant for illegally entering the country.  The defendant refused to be arrested and a fight ensued.  During the altercation, the defendant got the agent’s baton and repeatedly struck him in the body and head and once of his right eye.  The agent shot the defendant once in the left forearm and once in the left shoulder to subdue and arrest the defendant.

“This case illustrates the dangers the brave men and women of the United States Border Patrol face day in and day out while protecting our country,” said U.S. Attorney Ashley C. Hoff.  “Violent assaults on federal law enforcement cannot and will not be tolerated.”

“Every day Border Patrol Agents honorably serve our nation by securing the border. Too frequently, they endure physical assaults for carrying out their sworn duties,” said FBI Special Agent in Charge Christopher Combs, San Antonio Division. “Thanks to the exemplary work of the U.S. Attorney’s Office and FBI agents assigned to the Del Rio Resident Agency Office (RA) and El Paso FBI/Midland RA, Santizo-Escobedo will be held accountable for his violent assault.”

Santizo-Escobedo, who remains in custody, faces up to 20 years in federal prison.  Sentencing is scheduled for February 10, 2022, before U.S. District Judge Alia Moses in Del Rio.

The FBI conducted this investigation.  Assistant U.S. Attorneys John Kennedy and John Cooper prosecuted this case.

Detroit Man Pleads Guilty to Federal Drug Crime

 CHARLESTON, W.Va. – A Detroit, Michigan man pleaded guilty today to a federal drug crime. 

According to court documents and statements made in court, on November 11, 2017 Calvin Allen, 44, sold oxycodone to a person who was working with law enforcement as a confidential informant. The drug sale occurred in Allen’s vehicle in the parking lot of Tractor Supply in Oak Hill, Fayette County. 

Allen pleaded guilty to possession with intent to distribute oxycodone and faces up to 20 years in prison when sentenced on August 23, 2021.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Central West Virginia Drug Task Force.  

United States District Judge Joseph R. Goodwin presided over the hearing.  Assistant United States Attorney Alex Hamner is handling the prosecution.

Convicted Sex Offender Sentenced to 262 Months for Distributing Child Pornography

 MADISON, WIS. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, announced that Thomas E. Kerl, 39, Redgranite, Wisconsin, was sentenced today by U.S. District Judge William M. Conley to 262 months for distributing child pornography.  This term of imprisonment is to be followed by 25 years of supervised release.  Kerl pleaded guilty to this offense on February 25, 2021.

Starting in approximately 2018, Kerl began using multiple platforms to trade what Judge Conley called “extremely graphic images.”  The defendant also engaged in disturbing chats about sexually assaulting children and admitted that if he had access to children, he would assault them.

Prior to this case, Kerl was convicted of repeatedly sexually assaulting two young children in Columbia County Circuit Court in 2001.  Based on his prior convictions and the conduct in this case, Judge Conley found Kerl to be a danger to the community and said a long sentence was necessary to protect the public.

The charge against Kerl was the result of an investigation conducted by the Wisconsin Department of Justice Division of Criminal Investigation with assistance from the Columbia County Sheriff’s Office.  The prosecution of the case has been handled by Assistant U.S. Attorney Elizabeth Altman. 

ATTORNEY (TERM APPOINTMENT, NOT-TO-EXCEED 09/30/2022)

 USAO Northern District of New York

Criminal Division

Attorney

TERM APPOINTMENT, NOT-TO-EXCEED 09/30/2022

100 South Clinton Street, Federal Building, Room 900

Syracuse, NY 13261

United States

21-NYN-11130530-AUSA

About the Office: 

The United States Attorney’s Office for the Northern District of New York (NDNY) is seeking an Assistant United States Attorney (AUSA) to work in the Criminal Division of our Syracuse, New York office for a term not-to-exceed September 30, 2022.

NDNY serves an area comprised of 32 counties in upstate New York.  AUSAs are staffed in offices in Albany, Binghamton, Plattsburgh, and Syracuse (headquarters office), and appear before federal judges there and in Utica.  Approximately 50 attorneys and 50 support personnel work in NDNY, along with several subject-matter specialist contract personnel.

Syracuse is situated in the heart of Central New York, a region that contains both urban and rural areas, numerous colleges and universities, and a population of just under 1.2 million.  “The Salt City” offers abundant nearby outdoor recreational opportunities and is within a four‑hour drive of New York City, Philadelphia, and Toronto.

Find additional information about the office at https://www.justice.gov/usao-ndny

 

Job Description: 

This position is in NDNY's Criminal Division which is responsible for prosecuting federal crimes, including offenses involving drug trafficking and smuggling; child exploitation; gang activity and violence; illegal immigration; national and border security; and fraudulent and/or corrupt conduct in government, health care, banking, securities and corporate activity, federal procurement, bankruptcies, and federal taxation.

The selected AUSA will work with law enforcement agencies to investigate such crimes, research and brief legal issues, and represent the United States before grand juries and in hearings, trials, and appeals.

Day-to-day responsibilities may include working with law enforcement agencies and others to investigate such matters, researching legal issues, drafting motions or motion responses, drafting search warrants, appearing before grand juries, and other litigation related duties.

Responsibilities will increase and assignments will become more complex, as training and experience progress.

Qualifications: 

Required:

• Applicant must possess a Juris Doctor (J.D.) degree, be an active member of the bar of any U.S. jurisdiction, and have at least 1 year of post-J.D. legal or other relevant experience.
• Applicant must hold United States citizenship.

Preferred:

The ideal candidate will:

• Have at least 3 years of post-J.D. litigation experience that provided significant opportunity to develop strong legal writing, oral advocacy, and courtroom skills;
• Demonstrate facility with federal criminal practice;
• Be comfortable with all aspects of electronic discovery and litigation;
• Possess impeccable integrity; and
• Be self‑motivated, justice‑oriented, organized, and courteous. 

The applicant must meet all qualification requirements upon the closing date of this announcement.

NDNY places a high value on diversity of experiences and perspectives and encourages applications from all qualified individuals from all ethnic and racial backgrounds, veterans, LGBT individuals, and persons with disabilities.

This is a TERM position not-to-exceed September 30, 2022. This position may be extended or made permanent without further competition. The filing, continuation, or extension of this position is subject to the availability of funds.

Security Requirements:

Initial appointment is conditioned upon a satisfactory pre-employment adjudication. This includes fingerprint, credit and tax checks, and drug testing. In addition, continued employment is subject to a favorable adjudication of a background investigation.

Residency Requirements:

AUSAs generally must reside in the district to which he or she is appointed or within 25 miles thereof.  See 28 U.S.C. §545 for district-specific information.

Benefits:

The Department of Justice offers a comprehensive benefits package that includes, in part, paid vacation; sick leave; holidays; life insurance; health benefits; and participation in the Federal Employees Retirement System. An overview of the benefits currently offered to Federal employees may be found at https://help.usajobs.gov/index.php/Pay_and_Benefits. Eligibility for benefits depends on the type of position and length of appointment held. 

Salary: 

Pay for AUSAs is administratively determined, in part, on the number of years of professional attorney experience. The range of basic pay is $64,649 to $169,096 which includes a locality pay supplement in the Syracuse, NY area of 15.95% where authorized.

Travel: 

Employment will require occasional travel to court at one of the designated District sites, namely Albany, Auburn, Binghamton, Malone, Plattsburgh, Syracuse, Utica, and Watertown. Other occasional travel within and/or outside the District may be required.

Application Process: 

To apply, applications must be submitted online through USAJOBS, which may be accessed via the following link: https://www.usajobs.gov/GetJob/ViewDetails/602943300

Please reference the "Required Documents" section of the USAJOBS vacancy for information regarding the specific documents and the format in which they must be submitted to complete your application.  

Evaluation Process:

Once your complete application package is received, it will be reviewed to ensure you meet all job requirements. An attorney interview panel will then review all qualified applicants and make recommendations for invitations to interview. You will be notified if selected for an interview. Our hiring process typically involves two rounds of panel-style interviews.   

If you have questions regarding this process, you may contact Maria Farrell, Human Resources Officer, at 315-448-0963 or maria.farrell@usdoj.gov.

Applicants should familiarize themselves and comply with the relevant rules of professional conduct regarding any possible conflicts of interest in connection with their applications. In particular, please notify this Office if you currently represent clients or adjudicate matters in which this Office is involved and/or you have a family member who is representing clients or adjudicating matters in which this Office is involved so that we can evaluate any potential conflict of interest or disqualification issue that may need to be addressed under those circumstances.

Application Deadline: 

Thursday, June 17, 2021

Relocation Expenses: 

Relocation expenses will not be authorized.

Number of Positions: 

One (1). As needed, additional positions may be filled using this announcement.

Updated May 27, 2021

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Department Policies

Equal Employment Opportunity:  The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer.  Except where otherwise provided by law, there will be no discrimination because of color, race, religion, national origin, political affiliation, marital status, disability (physical or mental), age, sex, gender identity, sexual orientation, protected genetic information, pregnancy, status as a parent, or any other nonmerit-based factor.  The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice. For more information, please review our full EEO Statement.

Reasonable Accommodations:  This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency.  Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

Outreach and Recruitment for Qualified Applicants with Disabilities:  The Department encourages qualified applicants with disabilities, including individuals with targeted/severe disabilities to apply in response to posted vacancy announcements.  Qualified applicants with targeted/severe disabilities may be eligible for direct hire, non-competitive appointment under Schedule A (5 C.F.R. § 213.3102(u)) hiring authority.  Individuals with disabilities are encouraged to contact one of the Department’s Disability Points of Contact (DPOC) to express an interest in being considered for a position. See list of DPOCs.   

Suitability and Citizenship:  It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment.  Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Congress generally prohibits agencies from employing non-citizens within the United States, except for a few narrow exceptions as set forth in the annual Appropriations Act (see, https://www.usajobs.gov/Help/working-in-government/non-citizens/). Pursuant to DOJ component policies, only U.S. citizens are eligible for employment with the Executive Office for Immigration Review, U.S. Trustee’s Offices, and the Federal Bureau of Investigation. Unless otherwise indicated in a particular job advertisement, qualifying non-U.S. citizens meeting immigration and appropriations law criteria may apply for employment with other DOJ organizations. However, please be advised that the appointment of non-U.S. citizens is extremely rare; such appointments would be possible only if necessary to accomplish the Department's mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis. All DOJ employees are subject to a residency requirement. Candidates must have lived in the United States for at least three of the past five years. The three-year period is cumulative, not necessarily consecutive. Federal or military employees, or dependents of federal or military employees serving overseas, are excepted from this requirement. This is a Department security requirement which is waived only for extreme circumstances and handled on a case-by-case basis.

Veterans:  There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his  or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).

 

*         *         *

 

This and other vacancy announcements can be found under Attorney Vacancies and Volunteer Legal Internships. The Department of Justice cannot control further dissemination and/or posting of information contained in this vacancy announcement. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information.

Bank Julius Baer Admits Laundering Over $36 Million in Bribes in FIFA Case

 Swiss Bank Agrees to Pay More than $79 Million in Penalties in Deferred Prosecution Agreement

BROOKLYN, NY – Bank Julius Baer & Co. Ltd. (“BJB” or “the Bank”), a Swiss bank with international operations, admitted today in federal court in Brooklyn that it conspired to launder over $36 million in bribes through the United States to soccer officials with the Fédération Internationale de Football Association (FIFA) and other soccer federations.  These bribes were in furtherance of a scheme in which sports marketing companies bribed soccer officials in exchange for broadcasting rights to soccer matches.  The proceeding was held before United States District Judge Pamela K. Chen.

The Bank has entered into a three-year deferred prosecution agreement with the government in connection with a criminal information filed today in the Eastern District of New York charging the Bank with conspiring to commit money laundering.  As part of this agreement, the Bank has agreed to pay more than $79 million in penalties (including a fine of $43,320,000 and forfeiture of $36,368,400) to resolve the investigation into its involvement in a money laundering conspiracy that fueled this international soccer bribery scheme. 

Jorge Luis Arzuaga, a former BJB relationship manager who worked in the Bank’s Montevideo, Uruguay and Zurich, Switzerland offices, pleaded guilty in June 2017 for his role in this conspiracy and was sentenced by Judge Chen to three years’ probation in November 2020.

Mark J. Lesko, Acting United States Attorney for the Eastern District of New York, Nicholas L. McQuaid, Acting Assistant Attorney General of the Justice Department’s Criminal Division, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Ryan L. Korner, Special Agent-in-Charge, Internal Revenue Service Criminal Investigation, Los Angeles Field Office (IRS CI), announced the agreement.

“BJB and its employees facilitated bribes and its compliance department turned a blind eye to glaring red flags of money laundering,” stated Acting U.S. Attorney Lesko. “This Office will hold accountable those corporations or individuals that use the American banking system for corrupt ends. As today’s resolution makes clear, financial institutions that become complicit in their clients’ efforts to launder illicit funds face significant penalties.”

“Today’s resolution sends a strong message to all banks and other financial institutions that if they knowingly misuse our financial system to hide their clients’ criminal proceeds or to promote a corrupt scheme, they will be held to account,” stated Acting Assistant Attorney General McQuaid. “From the time of the first FIFA-related indictment, the Department has promised to hold accountable the financial institutions involved in this global criminal scheme. We are delivering on that promise.”

"Bank Julius Baer pursued the profit it could make laundering corrupt funds derived from a criminal scheme run by powerful FIFA officials,” stated FBI Assistant Director-in-Charge Sweeney.  “Their behavior has earned them the equivalent of a red card, and the money the bank now owes the U.S. government is more than double what it admits to laundering. The FBI operates globally with our international partners, and our message to those who may be looking to profit from similar schemes is simple – the penalties for this type of play are steep. Stay within the rules.”                 

“Bank Julius Baer aided corrupt FIFA officials in laundering over $36 million. Banking officials that are a conduit for criminal activity undermine their own profession and the health of our financial system,” stated IRS CI Special Agent-in-Charge Korner. “The Bank's admissions show that IRS Criminal Investigation will relentlessly pursue corruption across borders, including financial institutions that facilitate or conceal criminal activity. This should put other banks on notice that aiding in corruption will cost you millions.”  

According to admissions in the statement of facts, from approximately February 2013 to May 2015, BJB, through Arzuaga, conspired with sports marketing executives—including Alejandro Burzaco, the controlling executive of Torneos y Competencias, S.A. (Torneos), a sports media and marketing company headquartered in Argentina—and others, to launder through the United States at least $36,368,400 in bribes paid to soccer officials in exchange for broadcasting rights to soccer matches.  BJB conspired to execute these illegal transactions through accounts at the Bank to conceal the true nature of the payments and promote the fraud.  Burzaco pleaded guilty in November 2015 to racketeering conspiracy and other offenses in connection with his involvement in paying bribes to soccer officials.

For example, Burzaco and co-conspirators agreed to pay approximately $30 million to the senior vice president of FIFA, who was also the president of the Asociación del Fútbol Argentina, for his support in the award of regional broadcasting rights to the 2018, 2022, 2026 and 2030 editions of the World Cup.  As part of the money laundering conspiracy, BJB, through Arzuaga, transferred approximately $25 million of this money into a sub-account at the Bank and held it there for this senior FIFA official.

Torneos and its co-conspirators also agreed to pay tens of millions of dollars in bribes to several officials of the Confederación Sudamericana de Fútbol (CONMEBOL)—all of whom were also FIFA officials—for the rights to the Copa América tournament (including the 2015, 2019, and 2023 editions of the tournament,  and the 2016 Copa América Centenario, a commemorative centennial edition of the tournament played at stadiums across the United States).  The officials who were to receive bribes included, among others: Eugenio Figueredo, a member of FIFA’s executive committee and former president of both CONMEBOL and the Asociación Uruguaya de Fútbol, the Uruguayan soccer federation; Marco Polo Del Nero, another member of FIFA’s executive committee and a former president of the Confederação Brasileira de Futebol (“CBF”), the Brazilian soccer federation; and José Maria Marin, a member of multiple FIFA standing committees, and another former president of the CBF.

Burzaco and Torneos also paid bribes through BJB to numerous CONMEBOL officials in furtherance of a scheme to obtain the broadcasting rights to the Copa Libertadores tournament.  In addition to the aforementioned soccer officials, bribes were also paid to, among others: Juan Ángel Napout, who served as a FIFA Vice President, a member of FIFA’s Executive Committee, and president of CONMEBOL, and Romer Osuna, a member of the FIFA audit and compliance committee and former treasurer of CONMEBOL.

At the time of the conduct, BJB’s Anti-Money Laundering (“AML”) controls failed to detect or prevent money laundering transactions related to the soccer bribery schemes.  Had Arzuaga’s supervisors or compliance personnel meaningfully reviewed Arzuaga’s due diligence on Torneos and his responses to transaction alerts, they would have known there were multiple, significant red flags, including facially false contracts, payments to third parties at the direction of a FIFA official, and services purportedly rendered by shell corporations—all of which would have alerted the Bank to the bribery, money laundering, or other illegal activity. 

According to BJB’s admissions, the Bank knew that Arzuaga’s clients’ accounts were associated with international soccer, which was generally understood to involve high corruption risks.  Nevertheless, a BJB executive directed the opening of these accounts be fast-tracked in the hope that these clients would provide lucrative business. 

As outlined in the agreement, the Department reached this resolution with BJB based on a number of factors, including BJB’s failure to voluntarily disclose the conduct to the Department; the nature and seriousness of the conduct, including that the bank played an essential role in this scheme for over two years; and the bank’s prior criminal history.  BJB did not receive any cooperation credit because it made misleading representations about relevant facts in the case, which had the effect of hindering the Department’s investigation, and it did not come forward with all evidence pertaining to the involvement of senior management.  However, the Bank received some credit for its significant efforts to remediate its compliance program.  Accordingly, the total criminal penalty reflects a five percent reduction off the bottom of the applicable U.S. sentencing guidelines fine range.   

The agreement announced today is part of an investigation led by the U.S. Attorney’s Office for the Eastern District of New York, the FBI’s New York Field Office and the IRS-CI’s Los Angeles Field Office.  Assistant U.S. Attorneys Lauren Howard Elbert, Samuel P. Nitze and Brian D. Morris of the U.S. Attorney’s Office and Trial Attorney Christian J. Nauvel of the Bank Integrity Unit in the Criminal Division’s Money Laundering and Asset Recovery Section (MLARS) prosecuted the case.  Assistant United States Attorney Michael P. Grady of the U.S. Attorney’s Office for the District of Columbia (former MLARS attorney), the Criminal Division’s Office of International Affairs, the Swiss Federal Office of Justice, and the Swiss Office of the Attorney General provided significant assistance in this matter.

The Defendant:

BANK JULIUS BAER & CO. LTD.
Zurich, Switzerland

E.D.N.Y. Docket No. 21-CR-273 (PKC)

Former Pediatric Nurse Practitioner Pleads Guilty to Distribution of Child Pornography

 COLUMBUS, Ga. – A Preston, Georgia resident and former pediatric nurse practitioner (NP) has pleaded guilty to distribution of child pornography in a case involving thousands of images and videos of child pornography.

William Clinton Storey, 41, of Preston, Georgia, pleaded guilty to one count distribution of child pornography before U.S. District Judge Clay Land today. Storey faces a mandatory minimum sentence of five years up to a maximum sentence of 20 years in prison, a maximum fine of $250,000 and a term of supervised release of at least five years up to a lifetime of supervision. Storey will also be required to register as a sex offender upon his release from federal prison under the Sex Offender Registration Act. Storey’s sentencing is scheduled for August 17. There is no parole in the federal system.

“William Storey will spend a significant period of time in prison for his role in distributing large amounts of the most depraved depictions of child sexual abuse online—a criminal act made even more disturbing knowing he was a pediatric nurse practitioner at the time of his crimes,” said Acting U.S. Attorney Peter D. Leary. “GBI and FBI agents are to be commended for their urgent and precise investigation into Storey’s activities as a child predator, removing him from his role working with children and helping us obtain justice.”

“Children portrayed in child pornography images are victimized every time those images are distributed or viewed, and this case is exceptionally disturbing because the suspect was a nurse and a family pediatric practitioner,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI will use every resource available, including the partnerships with our federal, state and local law enforcement agencies, to uncover child pornography and those who create, distribute and possess it.”

“The GBI will continue to work tirelessly to protect innocent victims of online exploitation. In this instance the offender was a healthcare provider. We are grateful for the relationships we maintain with our federal partner agencies to bring these predators to justice,” said Vic Reynolds, GBI Director.

According to court documents, the multimedia messaging app Snapchat detected that user clint31824 had uploaded five files of suspected child pornography while using their platform on November 21, 2019. GBI investigated the cybertip and traced the IP used by user clint31824 to the defendant, William Storey. At the time, Storey was employed as a certified family nurse practitioner. Agents executed search warrants at Storey’s home and business on February 18, 2020, seizing seven devices belonging to Storey. A forensic examination of the electronic media seized during the search warrant discovered approximately 6,000 videos and 24,000 images of suspected child pornography. The files contained depictions of babies, small toddlers, minors engaged in bondage, and male and female prepubescent children being sexually abused by adult males.

The case was investigated by the GBI and FBI with assistance from the Webster County Sheriff’s Office.

Assistant U.S. Attorney Crawford Seals is prosecuting the case.

Visalia Woman Convicted of Smuggling Illegal Pesticides

SAN DIEGO – Selene Barraza of Visalia, California, was convicted by a federal jury yesterday of smuggling illegal pesticides into the United States from Mexico.

The jury found that Barraza smuggled 25 containers of pesticides and fertilizer concealed under the seats of her vehicle into the United States at the San Ysidro Port of Entry on February 26, 2020. The pesticides included 12 bottles of Metaldane and six bottles of Furadan. The active ingredient of Metaldane is methamidophos, and the active ingredient of Furdan is carbofuran. Both methamidophos and carbofuran are cancelled pesticides, which may not be legally imported, sold, distributed or applied in the United States.

According to trial testimony, Barraza purchased the pesticides at a store in Tijuana, where she was told that it was illegal to cross them into the United States but that if the pesticides were discovered, they would simply be seized.  The amount of Metaldane alone purchased by Barraza would have lasted 100 to 200 years if applied to her property, according to the directions on the label.  Barraza told agents she intended to use the pesticides and resell them. Barraza is scheduled to be sentenced before U.S. District Judge Dana M. Sabraw on August 20, 2021.

“These chemicals are banned in the United States because they are toxic and dangerous,” said Acting U.S. Attorney Randy Grossman. “This verdict is an important reminder that there are serious consequences for those who attempt to smuggle illegal pesticides into the U.S. with no regard for public safety.” Grossman praised Assistant U.S. Attorney Melanie Pierson, Department of Justice Trial Attorney Stephen Da Ponte and agents with Homeland Security Investigations and the U.S. Environmental Protection Agency, Criminal Investigation Division for their excellent work to protect the public.

“The jury’s verdict sends a clear message to individuals that knowingly put people at risk” said Scot Adair, the Special Agent in Charge of EPA’s criminal enforcement program in California. “With our partner agencies, EPA’s job is to protect the American people from highly toxic pesticides like the ones illegally smuggled into this country by the defendant.”

“The jury’s verdict confirms the seriousness of preventing these toxic chemicals from polluting the environment and putting people’s health at risk,” said Cardell T. Morant, Special Agent in Charge of Homeland Security Investigations (HSI).  “HSI and our partners at Environmental Protection Agency – Criminal Investigation Division, U.S. Customs and Border Protection, and the U.S. Attorney’s Office are committed to working together to stop these deadly pesticides from entering the United States.”

This case was prosecuted by Assistant U.S. Attorney Melanie Pierson and DOJ Trial Attorney Stephen DaPonte.

DEFENDANT                                              

Case Number 20cr1442-DMS

Selene Barraza                                                Age: 34                                   Visalia, CA

SUMMARY OF CHARGES

Smuggling – Title 18, U.S.C., Section 545

Maximum penalty: 20 years of imprisonment and $250,000 fine

AGENCIES

Homeland Security Investigations

U.S. Environmental Protection Agency, Criminal Investigation Division

New York Man Admits Attempting to Entice Minor to Have Sex

 CAMDEN, N.J. – A New York man today admitted attempting to entice a minor and traveling from New York to New Jersey to meet an individual, whom he believed was a 13-year-old girl, to engage in sexual activity, Acting U.S Attorney Rachael A. Honig announced.  

Eduardo Silva, 43, of Bronx, New York, pleaded guilty via videoconference before U.S. District Judge Rene Marie Bumb to an information charging him with one count of coercion and enticement of a minor and one count traveling with the intent to engage in illicit sexual conduct with a minor.

According to documents filed in this case and statements made in court:

On Sept. 5, 2020, Silva, while using an online social media application, sent a message to an individual he believed was an underage girl, but who was in fact an undercover federal agent. Silva asked whether the minor was “into older guys” and over the next several days sent a series of explicit online communications and text messages, discussing his intent to travel to meet the minor and engage in sexual activity with her. On Sept. 23, 2020, Silva was arrested when he traveled from the Bronx to a motel in Bordentown, New Jersey, intending to meet a 13-year-old girl for sex.  

The count of coercion and enticement of a minor carries a statutory mandatory minimum sentence of 10 years in prison and a maximum of life in prison; the count of travel with the intent to engage in illicit sexual conduct with a minor carries a maximum sentence of 30 years in prison. The charges also each carry a maximum fine of $250,000 per count. Silva will be required to register as a sex offender. Sentencing is scheduled for Oct. 1, 2021.

Acting U.S. Attorney Honig credited special agents of the Department of Homeland Security, Homeland Security Investigations, Cherry Hill Office, under the direction of Special Agent in Charge Jason J. Molina, with the investigation leading to today’s guilty plea. She also thanked the Burlington County Prosecutor’s Office, under the direction of Prosecutor Scott A. Coffina, and the Bordentown Township Police Department, under the direction of Chief of Police Brian Pesce, for their assistance in the investigation.

The government is represented by Assistant U.S. Attorney Ray Mateo of the U.S. Attorney’s Office, Opioid Abuse Prevention and Enforcement Unit in Newark.

New Orleans Man Sentenced for Bank Robbery

 NEW ORLEANS, LOUISIANA – ISIAH HOLMES, age 48, a resident of New Orleans, was sentenced by the Honorable Barry Ashe, announced U.S. Attorney Duane A. Evans. HOLMES was sentenced to 41 months imprisonment, 3 years of supervised release, and a $100 special assessment. The defendant was also ordered to pay $774 in restitution.

According to court documents, on or about December 23, 2019, HOLMES entered the Capital One located at 4121 Canal St. in New Orleans. He handed the teller a note that claimed HOLMES was armed and demanded money. HOLMES obtained approximately $774 and left the bank.

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. The prosecution of this case is being handled by Assistant U. S. Attorney G. Dall Kammer, Chief of the General Crimes Unit.

Contracting Company Owner Pleads Guilty to Federal Offense and Another Business Partner Charged for Roles in Bribery Scheme

 Defendants Prosecuted as Part of The Guardians Project, a Federal Law Enforcement Initiative to Combat Corruption, Fraud, and Abuse in South Dakota

Acting United States Attorney Dennis R. Holmes announced that a former contracting company owner pleaded guilty for his role in a bribery scheme.  Kevin Michael Trio, age 58, of Maple Plain, Minnesota, entered his plea of guilty to Making a Materially False Statement to two federal agents with the Department of Justice.  U.S. District Judge Charles B. Kornmann presided over the hearing, and his sentencing hearing will be held on August 2, 2021, in the federal courthouse in Aberdeen, South Dakota.

In a separate hearing, another former owner made his appearance in federal court for his role in the same bribery scheme.  Michael Nathan Cebulla, age 44, of Buffalo, Minnesota, made his initial appearance on charges of Conspiracy to Commit Bribery Concerning Programs Receiving Federal Funds and of Making a Materially False Statement.  He made his appearance on May 20, 2021, before U.S. Magistrate Judge Mark A. Moreno and entered a plea of not guilty.  The charges are merely accusations, and Cebulla is presumed innocent until and unless proven guilty.  He was released pending trial.

Each offense carries the following maximum penalties:  five years of imprisonment; a $250,000 fine; or both fine and imprisonment; 3 years of supervised release following release from custody; $100 special assessment; restitution.

According to court documents, the Dakota Nations Development Corporation (“DNDC”) was an agency of the Sisseton-Wahpeton Oyate Sioux Tribe, a tribal government that received federal assistance in excess of $10,000 during the one-year period between October 1, 2017, and September 30, 2018.  At that time, Daniel Thomas White served as the Director of the DNDC.  White’s duties included, among other things, overseeing housing and construction projects of the DNDC.

DNDC established an entity called the SWO Elderly Village Limited Partnership.  The purpose of the entity was to obtain tax credit financing to build an elderly village complex on tribal land.  On April 22, 2016, SWO’s tribal council passed a resolution authorizing DNDC to pursue low-income housing tax credits for the elderly village complex.  The tribe also committed nearly $3,000,000 to the project.

Cebulla, Trio, and John German formed a business on December 15, 2016, called Tatanka Contracting.  On October 27, 2017, DNDC contracted with Tatanka Contracting to do the earthwork associated with the elderly village project.  The contract was for a guaranteed price of $1,070,740, although a change order increased the total of the contract to $1,129,679.

To secure the dirt work contract, German bribed White and White accepted the bribe.  Specifically, in November 2017, German corruptly gave, offered, and agreed to give money to Daniel Thomas White, intending to influence and reward White, who was an agent of the DNDC, in connection with a transaction and series of transactions of the DNDC involving $5,000 or more.

White and German pleaded guilty to their roles in the bribery scheme last year.  White will be sentenced by Judge Kornmann on September 27, 2021, and German was sentenced in October 2020 to 84 months in federal custody.

The investigation is being conducted by the U.S. Attorney’s Office and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.      

The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities.  The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities.  Led by the U.S. Attorney’s Office, the participating agencies include:  Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.

For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400.  To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.

Rhode Island Man Sentenced To 10 Months’ Imprisonment For Automobile Warranty Fraud Scheme

 SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on May 26, 2021, Herman Cabral, age 62, of Cranston, Rhode Island, was sentenced to 10 months’ imprisonment and three years of supervised release by United States District Court Judge Malachy E. Mannion for a wire fraud conspiracy offense.

According to Acting United States Attorney Bruce D. Brandler, Cabral was convicted of processing false invoices for nonexistent automobile repairs through his Providence, Rhode Island automobile repair shop, A Plus Collision Center.  Cabral pleaded guilty on July 23, 2019, to causing between $150,000 and $250,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company. Judge Mannion also ordered Cabral to pay restitution of $211,644.03 to the victim of his crime.

Three of Cabral’s coconspirators were convicted and are awaiting sentencing:

1. Brian Larry, age 59, of Clark’s Summit, Pennsylvania, was convicted on May 10, 2021, following a jury trial, of mail fraud, wire fraud, aggravated identity theft, and false statement offenses.  Larry was convicted of defrauding his former employer, the Wilkes-Barre based automobile warranty company, from approximately January 2014 through October 2018.  Larry also was convicted of stealing the personal information of warranty policy owners and providing it to his coconspirators, who created false invoices for nonexistent automobile repair work supposedly performed at various garages in Rhode Island, Massachusetts, and Pennsylvania, including by forging the policy owners’ signatures on the paperwork.  The false and forged documentation was then sent to the warranty company, where Larry approved payment of the invoices.  During the course of the scheme, Larry and his coconspirators obtained approximately $400,000 paid out by the warranty company pursuant to the false invoices, including thousands of dollars in repair work for Larry’s personal vehicle that he charged to other policy owners.  The evidence at trial showed that Larry then falsified internal warranty company documents in an attempt to conceal his crimes.
2. Matthew Gershkoff, age 64, of North Providence, Rhode Island, pleaded guilty to conspiring to commit wire fraud, and to aggravated identity theft, and is awaiting sentencing.  Gershkoff was convicted of preparing false invoices for nonexistent automobile repairs at multiple automobile repair shops located in Rhode Island and in Massachusetts, and for forging policy owners’ signatures.  Gershkoff pleaded guilty on May 18, 2020, to causing between $250,000 and $550,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and has agreed to repay restitution.
3. Jason Pannone, age 39, of North Providence, Rhode Island, pleaded guilty to conspiring to commit wire fraud and mail fraud, and to aggravated identity theft, and is awaiting sentencing.  Pannone was convicted of processing false invoices for nonexistent automobile repairs through his Providence, Rhode Island automobile detailing shop, Platinum Auto Services, and through a North Attleboro, Massachusetts automobile repair shop, Ultra Auto Services.  Pannone pleaded guilty on March 23, 2021, to causing between $150,000 and $250,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and he has agreed to repay over $128,000 in restitution.

The case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorneys Phillip J. Caraballo and Jeffrey St John prosecuted the case.