Category: Security

Source: US FBI

            WASHINGTON— A New York man was sentenced to prison today after he previously pleaded guilty to assaulting law enforcement during the Jan. 6, 2021, breach of the U.S. Capitol. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            James Weeks, 55, of Sodus, New York, was sentenced to 27 months in prison, 36 months of supervised release, and ordered to pay $2,774.00 in restitution and a $5,000 fine by U.S. District Judge Beryl A. Howell. Weeks previously pleaded guilty to a to single felony offense of assaulting, resisting, or impeding certain officers on June 27, 2024.

            According to court documents, at approximately 3:02 p.m. on Jan. 6, 2021, Weeks was seen on video footage entering the Lower West Terrace Tunnel. The Tunnel was created by the construction of a stage for the upcoming Presidential Inauguration and was the site of some of the most violent attacks against law enforcement that day. After entering the Tunnel, Weeks made his way through a crowd of rioters and toward the police line.

            After reaching the police line, and as the crowd of rioters continued to violently fight the police, Weeks reached his arm through the broken pane of glass of one of the gold doors inside the Tunnel behind which the police line was located as if to grab a nearby Metropolitan Police Department (MPD) officer. As he attempted to grab the officer, Weeks yelled, “Shove it up your a—! You fat f—! I’m gonna shove that up your a—!” and “We’re gonna f— you up!”

            Seconds later, Weeks moved around the doors so that he was directly in front of the police. Other rioters in the crowd called out, “Get that door open!” and, in response, Weeks pushed the door open, allowing more rioters access to the police line in the Tunnel. After opening the door, court documents say that Weeks struck an MPD officer using his hands and body. Shortly after, another rioter sprayed Weeks with a chemical irritant, causing him to exit the Tunnel.

            After leaving the Tunnel, Weeks approached the Northwest Courtyard on the Upper West Terrace outside the Capitol building. There, Weeks joined a crowd of rioters gathering outside a set of windows in that area. As other rioters climbed up on the windowsill, kicked, punched, or otherwise struck the panes of glass and/or boards covering the windowpanes, Weeks cheered them on. Weeks then approached the window himself, waved a black can of OC spray through one of the broken panes of glass, and banged it several times against the edges of the window. He then struck the window several times with a wooden stick in conjunction with other rioters, causing the window to break.

            The FBI arrested Weeks on Feb. 1, 2024, in Albany, New York.

            The U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section are prosecuting this case. The U.S. Attorney’s Office for the Western District of New York provided valuable assistance.

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

            In the 44 months since Jan. 6, 2021, more than 1,504 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 560 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Source: US FBI

Brandon Hall of Rochester, New York, pleaded guilty to possessing 15 or more unauthorized access devices with intent to defraud.

Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that David A. Johnston, 55, of Allegany, NY, and Kayla R. Kio, 26, of Olean, NY, were arrested and charged by criminal complaint with conspiracy to produce child pornography, which carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on March 2, 2024, the New York State were called to Wal-Mart in Olean, for a report of a domestic dispute. Kio reported that she was being stalked and harassed by her ex-boyfriend, Johnston. The two worked together at Wal-Mart. Kio stated that in February 2024, while she was in the process of breaking up with Johnston, he requested that she produce and send to him sexually explicit videos of a 5-year-old child. Troopers seized Kio’s cell phone and recovered multiple videos and images of child pornography.

On March 13, 2024, the NYSP executed a search warrant at Johnston’s Allegany residence, during which they seized four cell phones and a tablet. Investigators recovered videos of child pornography and sexually explicit communications exchanged between Kio and Johnston. Johnston was charged with Possessing a Sexual Performance of a Child and Endangering the Welfare of a Child, while Kio was charged with Promoting a Sexual Performance by a Child and Endangering the Welfare of a Child. In 2007, Johnston was convicted of Indecent Assault and Corruption of Minors in McKean, PA, County Court.

Johnston and Kio made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. Kio was released on conditions. Johnston is being held pending a detention hearing on September 17, 2024, at 2:30 p.m.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the New York State Police, under the direction of Major Stanley Edwards, and the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb.

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.

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Source: US FBI

BUFFALO, N.Y. — U.S. Attorney Trini E. Ross announced today that Nina M. Williams, 56, of Baltimore, Maryland, pleaded guilty before Senior U.S. District Judge William, M. Skretny to wire fraud, which carries a maximum penalty of 20 years in prison and a $250,000 fine.  

According to court documents, Williams transmitted two fraudulent Paycheck Protection Program (PPP) loan applications on behalf of Nimiche Inc. and Nimiche Interiors Inc., a Maryland-based business, along with fraudulent supporting documentation, to a federally insured bank in Buffalo, NY, and a mortgage lending business, which  participated as lenders in the PPP loan program. In May 2020, Williams electronically submitted a PPP loan application to the bank for $97,500, and in April 2021, she electronically submitted a PPP loan application to the mortgage lending business for $432,960.

Williams falsely claimed that Nimiche Inc. and Nimiche Interiors Inc. had between four and 25 employees and average monthly payrolls of, respectively, $39,000 to $173,185. Williams falsely stated that the loan funds would be used to retain workers and maintain payroll or other proscribed uses under the PPP loan rules. This resulted in the bank issuing $97,500 into Nimiche Inc.’s business account controlled by Williams. However, the funds were not used for business-related expenses. Instead, Williams used some of the funds towards the purchase of real property in Maryland. In addition, the mortgage lending business issued loan proceeds totaling $432,960, into Nimiche Inc.’s business account controlled Williams. Once again, the funds were not used for business-related expenses.

During the May 2020, through May 2021 time period, Williams worked with others to submit at least five additional fraudulent PPP and Economic Injury Disaster Loan (EIDL) loan applications to the mortgage lending business and another bank. In total, based on the materially false and fraudulent representations contained in the application materials, Williams intended to fraudulently obtain a total of approximately $2.6 million in PPP and EIDL funds, and in fact fraudulently obtained approximately $1.5 million in PPP and EIDL funds.

The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, New York Field Office, Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the U.S. Postal Inspection Service Boston Division, under the direction of Inspector in Charge Ketty Larco-Ward, and the Social Security Administration Office of Inspector General, under the direction of Acting Special Agent-in-Charge Corwin Rattler. The case was prosecuted by Assistant U.S. Attorney Charles M. Kruly and Trial Attorney Jennifer Bilinkas of the Criminal Division’s Fraud Section.

Sentencing is scheduled for December 18, 2024, before Judge Skretny.

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Source: US FBI

Burlington, Vermont – On October 23, 2024, the U.S. Attorney’s Office for the District of Vermont honored a number of individuals from a variety of law enforcement agencies at the U.S. Attorney’s Office’s Law Enforcement Awards Ceremony. Individual investigators and officers from federal, state, and local agencies were nominated by U.S. Attorney’s Office staff in a variety of categories for their outstanding work supporting the mission of this office and promoting public safety. The specific categories and individuals recognized today are as follows:

Investigative Achievement Award: This award criteria are established for those individuals, both sworn and non-sworn who have significantly contributed to the mission of the U.S. Attorney’s Office.  

• Special Agent Samuel Brown, Bureau of Alcohol, Tobacco, Firearms and Explosives – nominated for United States v. Carl Martin.
• Special Agent Brian Wood, Bureau of Alcohol, Tobacco, Firearms and Explosives – nominated for United States v. Carl Martin.
• Special Agent Nicholas Call, Food and Drug Administration-Office of Criminal Investigations – nominated for United States v. Paul Bateman, Samir Doshi, and Rebecca Buckley.
• Resident Agent in Charge Derek Roy, Food and Drug Administration-Office of Criminal Investigations – nominated for United States v. Paul Bateman, Samir Doshi, and Rebecca Buckley.
• Special Agent Jason Tilley, Food and Drug Administration-Office of Criminal Investigations – nominated for United States v. Paul Bateman, Samir Doshi, and Rebecca Buckley.
• Financial Investigator Joel Garland, Food and Drug Administration-Office of Criminal Investigations – nominated for United States v. Paul Bateman, Samir Doshi, and Rebecca Buckley.
• Special Agent Erin Nelligan, Homeland Security Investigations – nominated for United States v. Michael Burton.
• Special Agent Colin Simons, Federal Bureau of Investigation – nominated for United States v. Eric Colson, Gage Colson, and Antonio Vergara.
• Detective Sergeant Karl Gardner, Vermont State Police – nominated for United States v. Eric Colson, Gage Colson, and Antonio Vergara.
• Detective Trooper Steven Fauteux, Vermont State Police – nominated for United States v. Eric Colson, Gage Colson, and Antonio Vergara.
• Detective Sergeant Aaron Lefebvre, St. Albans Police Department, former Detective with the Vermont Drug Task Force and the Newport Police Department – nominated for United States v. Eric Colson, Gage Colson, and Antonio Vergara.

Outstanding Collaborative Investigation Award: This category is limited to those who have demonstrated outstanding efforts to overcome significant challenges in collaboration with multiple agencies in order to meet the mission of the U.S. Attorney’s Office.

• Special Agent Brian Wood, Bureau of Alcohol, Tobacco, Firearms and Explosives
• Special Agent Samuel Brown, Bureau of Alcohol, Tobacco, Firearms and Explosives
• Detective Sergeant Philip Tremblay, Burlington Police Department
• Drug Enforcement Administration Task Force Officer Durwin Ellerman, Burlington Police Department
• Sergeant Chase Vivori, Burlington Police Department
• Special Agent Erin Nelligan, Homeland Security Investigations
  • All nominated for outstanding collaborative investigation in United States v. Ronald Harris, et al.

• Special Agent Paul Altenburg, Homeland Security Investigations
• Special Agent Anders Ostrum, Internal Revenue Service-Criminal Investigation
• Criminal Analyst Nancy Woods, Homeland Security Investigations
• Resident in Charge Alex Zuchman, Homeland Security Investigations
• Special Agent Michael DeFiore, U.S. Army Criminal Investigation Division, former Detective Corporal with the Vermont Drug Task Force and the South Burlington Police Department
• Detective Sergeant Dustin Robinson, Vermont State Police
• Detective Sergeant Philip Tremblay, Burlington Police Department
• Special Agent Aaron Dince, Homeland Security Investigations
• Special Agent Colin Simons, Federal Bureau of Investigation
• Postal Inspector Jonathan Dunham, U.S. Postal Inspection Service
• Special Agent Brandon Hope, Drug Enforcement Administration
  • All nominated as their agency representatives for outstanding collaborative investigation for United States v. Dajuan Williams, et al.

Award recipients gathered today at the U.S. Attorney’s Office, joined by colleagues and family. Each recipient received an engraved award commemorating their outstanding efforts. U.S. Attorney Kerest stated: “This is one of the best days of the year when we have the chance to recognize law enforcement officers like today’s awardees in the presence of their families. Today’s awardees make the work of the U.S. Attorney’s Office possible, and they do that work with the necessary support of their family and loved ones. We applaud their tireless work and the daily sacrifices they all make.”

Source: US FBI

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on October 29, 2024, Eddie Melendez (a/k/a “Bart”), 31, of Feeding Hills, Massachusetts, was sentenced by Chief United States District Judge Christina Reiss to a term of 68 months’ imprisonment to be followed by a 3-year term of supervised release. Eddie Melendez previously pleaded guilty to conspiring with numerous other individuals to distribute fentanyl and cocaine base in and around Rutland, Vermont.

According to court records, Melendez was the leader of a drug distribution organization that had been transporting hundreds of grams of cocaine base and thousands of bags of heroin/fentanyl from Massachusetts to the Rutland, Vermont area on a regular basis since at least late 2019 or early 2020 until January 2024. During the course of the conspiracy, Melendez and his associates used Rutland area hotels and at least five private residences as locations to sell illegal drugs. More than a dozen associates of Melendez were involved in distributing controlled substances for his drug trafficking organization or hosting its operations within their residences, and Melendez stipulated that he coordinated the drug activities of the organization. Investigators completed fourteen controlled purchases into Melendez’s drug trafficking organization between August 2023 and January 2024.

United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Vermont State Police’s Drug Task Force, Homeland Security Investigations, Rutland City Police Department, the Federal Bureau of Investigation, and the Ludlow Police Department.

The case was prosecuted by Assistant U.S. Attorneys Jason Turner and Jonathan Ophardt. Melendez was represented by John-Claude Charbonneau, Esq.

Source: US FBI

Rutland, Vermont – The United States Attorney’s Office announced that Jennifer LaBonte, 45, of Essex Junction, Vermont pleaded guilty today in United States District Court in Rutland to a charge of wire fraud. U.S. District Judge Mary K. Lanthier released LaBonte on conditions pending sentencing, which is scheduled for March 4, 2025.

On October 2, 2024, the United States Attorney filed an information charging LaBonte with a single count of wire fraud. That is the charge to which she pleaded guilty. According to the information, between 2001 and January 2024, LaBonte was employed by automobile dealerships located in Burlington. From about 2012 until her termination, LaBonte served as office manager for the dealerships, a position that gave her oversight over all accounting matters. LaBonte had check-signing authority.

The information charges that, beginning no later than 2013, LaBonte began embezzling from the dealerships. For the most part, LaBonte stole cash receipts that had been paid by dealership customers, but she also issued checks to herself for non-business-related purposes. LaBonte tried to cover up her thefts by manipulating and falsifying entries about individual transactions in the dealerships’ computerized accounting systems. An officer at the dealerships uncovered the fraud in January 2024, and LaBonte was immediately fired. The total loss resulting from her embezzlement is about $191,000. In court, the parties announced that LaBonte has provided the dealerships with a check that repaid them in full for the stolen funds.

LaBonte faces up to 20 years of imprisonment and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater. The actual sentence, however, would be determined by the District Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.

This case was investigated by the Federal Bureau of Investigation.

LaBonte is represented by Brooks McArthur, Esq. The prosecutor is Assistant U.S. Attorney Gregory Waples.

Source: US FBI

            WASHINGTON — Two brothers from New York were arrested today for allegedly assaulting law enforcement with a weapon and other charges related to their alleged conduct during the Jan. 6, 2021, breach of the U.S. Capitol. Their alleged actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Reynold Robert Voisine, 47, of Nicholville, New York, and Roger Alyre Voisine, Jr., 48, of Canton, New York, are each charged in a criminal complaint filed in the District of Columbia with felony offenses of civil disorder; assaulting, resisting, or impeding certain officers with a deadly or dangerous weapon; entering and remaining in a restricted building or grounds with a deadly or dangerous weapon; disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon; and engaging in physical violence in a restricted building or grounds with a deadly or dangerous weapon.

            In addition to the felonies, the two brothers are also charged with misdemeanor offenses of disorderly conduct in a Capitol building, impeding passage through the Capitol grounds or buildings, and act of physical violence in the Capitol grounds or buildings.

            The FBI arrested the two men today in Plattsburgh, New York, and they will make their initial appearance in the Northern District of New York.

            According to court documents, on Jan. 6, 2021, the Voisine brothers, Roger and Reynold, attended former President Trump’s rally in Washington, D.C., before marching toward the Capitol building and eventually arriving on the West Front of the Capitol grounds. Roger Voisine, distinguishable by a GoPro mounted on a stick, a tripod tucked in his jacket, and a camouflage-patterned backpack, donned a paintball mask as he approached the Lower West Plaza. Reynold Voisine, also present in the area, was seen wearing a paintball mask on his head during the riot.

            By the afternoon, the situation on Capitol grounds had escalated, and it is alleged that both brothers played active roles in the day’s violence. At approximately 3:20 p.m., Reynold Voisine was seen among the crowd as rioters viciously assaulted an officer, dragging the officer from the Lower West Terrace Tunnel and into a mob of rioters. As the attacks continued throughout the day, Reynold remained in the vicinity, using a handheld radio to communicate while the mob assaulted officers inside the Tunnel. The Tunnel was the site of some of the most violent attacks against law enforcement that day.

            By 4:25 p.m., Reynold Voisine made his way to the mouth of the Tunnel, where rioters were launching a variety of weapons at the police, including a crutch, a hockey stick, a baton, and multiple poles. It is alleged that Reynold participated in these attacks against officers, first by throwing a crutch at the officers and then by hurling a blue pole that struck police officers. After throwing the pole, he threw the crutch again, which ricocheted off another rioter and hit the officers. Later, Reynold used a stolen riot shield to ram into the police line.

            Around the same time, it is alleged that Roger Voisine was also engaged in direct assaults on police. Court documents say that Roger threw a length of pipe at the officers, pushed into their shields alongside other rioters, and attempted to drag one officer into the crowd. It is further alleged that Roger continued his violent actions by throwing a black rod at the police, hitting one officer’s shield, and later throwing three shoes at various officers. At one point, Roger picked up a wooden table leg with protruding nails, swung it twice at officers, and then aggressively threw it at another officer.

            In addition to these physical assaults, Roger allegedly used a spotlight to shine directly into the eyes of police officers, further hindering their ability to defend themselves against the mob. Throughout the chaos, Roger remained at the front lines of the mob, holding his GoPro in a manner that suggested he was documenting the event.

            This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Northern District of New York.

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

            In the 45 months since Jan. 6, 2021, more than 1,532 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 571 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

            A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: US FBI

Burlington, Vermont – United States Attorney Nikolas P. Kerest announced today that Assistant United States Attorney (AUSA) Jason Turner will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election. AUSA Turner has been appointed to serve as the District Election Officer (DEO) for the U.S. Attorney’s Office for the District of Vermont, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.

United States Attorney Kerest said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election. Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process.”

The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.

Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).

United States Attorney Kerest stated that: “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Turner will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: 802-651-8246.

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 1-800-CALL-FBI.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by complaint form at https://civilrights.justice.gov/ or by phone at 800-253-3931.

United States Attorney Kerest said, “Ensuring free and fair elections depends in large part on the assistance of the American electorate. It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”

Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.

Source: US FBI

ALBUQUERQUE – A Pojoaque man has been charged with aggravated sexual abuse of a minor.

According to the indictment, between December 21, 2021, and February 23, 2022, Alexander John Duran, 30, an enrolled member of Pojoaque Pueblo, allegedly engaged in and attempted to engage in sexual acts with a child under the age of 12.

Duran will remain in custody pending trial, which has not been set. If convicted, Duran faces no less than 30 years and up to life imprisonment.

Acting U.S. Attorney Holland S. Kastrin and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.

The Albuquerque-Santa Fe Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case. Assistant U.S. Attorney Mark A. Probasco is prosecuting the case as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Justice.gov/PSC.