Category: MIL-OSI

Source: United States Department of Justice Criminal Division

A Virginia nurse was sentenced today to over 87 months in prison and ten years of supervised release for distributing child sexual abuse material (CSAM) on an end-to-end encrypted messaging application. He was also ordered to pay a $20,000 fine.

“The defendant, who occupied a position of trust as a nurse practitioner, used an end-to-end encrypted messaging application to disseminate images depicting the abuse of young children and bragged about the effectiveness of the measures that he used to evade law enforcement detection,” said Acting Assistant Attorney General Matthew R. Galeotti of the Justice Department’s Criminal Division. “He thought that he could use technology to hide his crimes, but he was wrong. His sentence today should serve as a warning – to those that would harm vulnerable children, we will identify you, prosecute you, and bring you to justice.”

According to court documents, Lucas Fussell, 43, formerly of Onley, Virginia, used the Session messaging application to send and receive numerous videos and images depicting the rape and sexual exploitation of prepubescent boys with another individual. Fussell, who worked as a nurse practitioner, also discussed several of his male patients, including children, in these communications, and boasted about the sophisticated technological measures he took to evade detection by law enforcement. The FBI came into possession of the other individual’s cellphone. In June 2024, Fussell sent an undercover officer nine videos depicting the sexual exploitation of prepubescent boys. Fussell was then arrested in July 2024 and has been detained since. In December 2024, Fussell pleaded guilty to the indicted charges without a plea agreement.

Trial Attorney James E. Burke IV of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Assistant U.S. Attorney Caroline Burrell, and Assistant U.S. Attorney Paul Courtney for the District of Columbia prosecuted the case. CEOS’ High Technology Investigative Unit (HTIU) provided substantial assistance in investigating the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the 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, visit www.justice.gov/psc.

Source: United States Department of Justice Criminal Division

The U.S. Trustee Program (USTP) recently obtained a judgment denying a bankruptcy discharge of more than $12.5 million to a Texas man who concealed assets and lied in his bankruptcy case to evade his creditors, including investors in his cryptocurrency Ponzi scheme.

On Aug. 1, the Bankruptcy Court for the Southern District of Texas entered a default judgment against chapter 7 debtor Nathan Fuller. Fuller owned Privvy Investments LLC, a cryptocurrency investment company that he used to divert investor funds. Fuller spent a portion of the money on luxury goods, gambling trips, and a nearly $1 million home for his ex-wife, who was involved in the business and with whom Fuller still resided.

“Fraudsters seeking to whitewash their schemes will not find sanctuary in bankruptcy,” said U.S. Trustee Kevin Epstein of Region 7, which includes the Southern District of Texas. “The USTP remains vigilant for cases filed by dishonest debtors, who threaten the integrity of the bankruptcy system.”

Fuller filed for bankruptcy in October 2024 after a receiver was appointed to take possession of his assets in a lawsuit brought by investors in Texas state court. Following an investigation, the USTP’s Houston office filed a complaint objecting to Fuller’s discharge alleging that Fuller had concealed extensive assets, failed to keep records, and made multiple false oaths regarding his bankruptcy case and a separate bankruptcy filing for Privvy.

After being held in civil contempt for failing to comply with court orders, Fuller admitted that he had operated Privvy as a Ponzi scheme and fabricated documentation to advance the scheme. Fuller also admitted that he gave false testimony and falsified bankruptcy documents to hinder the chapter 7 trustee appointed to administer his and Privvy’s bankruptcy cases.

Following those admissions, Fuller failed to respond to the USTP’s complaint, leading to a default judgment in the USTP’s favor. As a result, Fuller remains personally liable for his debts – including more than $12.5 million in unsecured debts listed in his bankruptcy schedules – and creditors may continue collections on claims against him.

The USTP’s mission is to promote the integrity and efficiency of the bankruptcy system for the benefit of all stakeholders — debtors, creditors and the public. The USTP consists of 21 regions with 88 field offices nationwide and an Executive Office in Washington, D.C. Learn more about the USTP at www.justice.gov/ust. 

Source: United States Department of Justice Criminal Division

The Justice Department announced that the U.S. District Court of Guam ruled in favor of the United States in its lawsuit against the Government of Guam and the Guam Retirement Fund (Guam) to protect servicemembers’ civilian employment pension benefits while they serve in the military.

When Guam civilian employees such as teachers and firefighters are called for active military service, the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) entitles them to receive certain civilian employment benefits, including pension benefits, during their time of military service. In its complaint, the United States alleges that Guam unlawfully considered military leave a break in service and refused to award servicemembers retirement service credit while they were on military leave. Guam also refused to contribute employer contributions, and to accept employee contributions, while servicemembers were on military leave.

“USERRA provides civilian employees with valuable employment benefits while they serve in the military,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “Employers cannot deny our military servicemembers these benefits while they sacrifice their time and careers and serve their country.”

On Sept. 4, the district court ruled in favor of the United States on its motion for summary judgment, holding that treating the leave as a break in service violates the servicemembers’ rights under USERRA. The court also held that the servicemembers were entitled to receive employer contributions, and to make employee contributions, in the same amounts and manner as employees not on military leave.

USERRA protects the rights of uniformed servicemembers to reemployment in their civilian employment following absences due to military service obligations, provides that servicemembers shall not be discriminated against because of their military obligations, and ensures that servicemembers receive certain civilian employment benefits, including pension benefits, during their time of military service. The Justice Department prioritizes the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s website www.justice.gov/servicemembers as well as on the Department of Labor’s website at www.dol.gov/vets/programs/userra.

Source: United States Department of Justice Criminal Division

Today, the U.S. Department of Justice and the U.S. Attorney for the Middle District of Florida filed a civil denaturalization complaint in the U.S. District Court in Orlando, Florida, against a native of Argentina who illegally procured his U.S. citizenship by gaining permanent resident status through the Cuban Refugee Adjustment Act based on a false claim that he was born in Cuba.

“The Justice Department is committed to preserving the integrity of United States citizenship and will aggressively pursue the denaturalization of fraudsters who lie to gain immigration benefits,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “Civil denaturalization is an important tool in ensuring that only qualified individuals with good moral character earn U.S. citizenship. The civil complaint charges that Moio Bartolini exploited our immigration system and unlawfully secured the ultimate immigration benefit of naturalization. The filing of this case sends a clear message: if you do not tell the truth to immigration officials and break our immigration laws, we will prosecute you and denaturalize you.”

In 2013, Fernando Adrian Moio Bartolini, 50, a native of Argentina and resident of Windermere, Florida, was convicted in the Southern District of Florida of committing passport fraud. During criminal proceedings, he admitted that after he entered the United States on a visitor’s visa, purchased a fraudulent Cuban birth certificate, obtained a fraudulent Cuban passport, and applied for permanent resident status in the United States under the Cuban Adjustment Act, claiming that he was a native and citizen of Cuba.

After Bartolini illegally procured naturalization, he fraudulently obtained a U.S. passport, falsely stating on his passport application that he was born in Cuba. His fraud was uncovered when Moio Bartolini attempted to enter the United States at the Miami International Airport aboard a flight from Medellín, Colombia, and a U.S. Customs and Border Protection officer recognized his Argentinian accent. Moio Bartolini was arrested and charged with false statement in the application for and use of a passport. When he pleaded guilty, he admitted that he was born in Argentina and that he used the fraudulent Cuban documents to adjust status to permanent resident and, ultimately, to naturalize as a U.S. citizen.

The civil denaturalization complaint charges Moio Bartolini with illegal procurement of naturalization because he did not lawfully adjust to permanent resident status and because he provided false testimony in his naturalization interview. The complaint also charges that Moio Bartolini procured U.S. citizenship through concealment of a material fact or willful misrepresentation. The Immigration and Nationality Act requires the U.S. District Court to revoke Moio Bartolini’s naturalization if it finds him liable on any of the charges.

The case was investigated by U.S. Immigration and Customs Enforcement of the Department of Homeland Security and will be litigated by the Affirmative Litigation Unit of the Civil Division’s Office of Immigration Litigation, General Litigation and Appeals Section.

The claims in the complaint are allegations only, and there has been no determination of liability.