Category: Security

Source: US FBI

            WASHINGTON — An Ohio man was arrested today for allegedly assaulting law enforcement and other offenses related to his alleged conduct during the Jan. 6, 2021, breach of the U.S. Capitol. His 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.

            Frederick Breitfelder, 60, of Harrison, Ohio, is charged in a criminal complaint filed in the District of Columbia with felony offenses of assaulting, resisting, or impeding certain officers and obstruction of law enforcement during a civil disorder. In addition to the felonies, Breitfelder is charged with several misdemeanor offenses, including entering and remaining; disorderly and disruptive conduct; and, engaging in physical violence in a restricted building or grounds.

            The FBI arrested Breitfelder on Jan. 16, 2025, in Cincinnati, and he will make his initial appearance in the Southern District of Ohio. 

            According to court documents, on Jan. 6, 2021, thousands of protesters gathered on the West Side of the U.S. Capitol building in Washington, D.C. Initially outside a restricted area marked by fencing and bike rack barricades, the crowd grew increasingly hostile, breaching the barriers and forcing their way forward. Video evidence shows a man, later identified as Breitfelder, allegedly pulling on a bike rack barricade, creating an opening in the restricted perimeter and allowing rioters to advance toward the Capitol.

            After breaching the outer barriers, protesters, including Breitfelder, encountered a second police line on the West Plaza. Officers from the United States Capitol Police (USCP) and Metropolitan Police Department (MPD) were stationed behind metal barricades at the top of a small flight of stairs. Rioters repeatedly tried to dismantle the barricades, assaulting and impeding officers in their efforts to breach the line. It is alleged that at approximately 2:02 p.m., body-worn camera footage captured Breitfelder at the front of the crowd, holding an axe handle above his head with both hands.

            By 2:04 p.m., body-worn camera footage recorded rioters attacking the police line, pushing and pulling officers and their equipment. During this confrontation, it is alleged that Breitfelder swung the axe handle twice at an MPD officer’s hand as the officer attempted to deploy pepper spray. The axe handle struck the metal barricade directly in front of the officer on both occasions. Officers struggled to maintain their position as rioters continued to assault them.

            At approximately 2:12 p.m., rioters surged up the stairs again, pulling officers down and prompting others to descend to retrieve their colleagues. During this chaos, video footage captured Breitfelder allegedly pushing an MPD officer. Despite repeated efforts by officers to hold the line, the rioters ultimately breached it at around 2:30 p.m., forcing police to retreat. Breitfelder was captured on video at the forefront of the crowd as they pushed through the line, overtaking the West Plaza.

            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 Southern District of Ohio.

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

            In the 48 months since Jan. 6, 2021, more than 1,583 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 600 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

CINCINNATI – Two former FirstEnergy executives have been indicted by a federal grand jury and charged with one count of participating in a racketeering (RICO) conspiracy.

Charles E. Jones, 69, of Akron, and Michael Dowling, 60, of Massillon, will be scheduled to appear in federal court in Cincinnati today. The indictment was returned on Jan. 15 and unsealed this morning.

It is alleged that Jones and Dowling participated in an enterprise (FirstEnergy Corp. and its subsidiaries) through a pattern of racketeering activity – including bribery, money laundering and obstruction – to increase the company’s stock price and enrich themselves. Although the defendants helped pursue the legal interests of FirstEnergy, Jones and Dowling also corrupted FirstEnergy by allegedly abusing their positions of trust and engaging in criminal activities in pursuit of personal and commercial gain.

Jones served in senior executive positions for FirstEnergy, including as President and CEO, from approximately 2015 until his employment was terminated in 2020. During that time, Jones made approximately $65 million in compensation. Approximately $60 million of his earnings came from performance-based pay tied, in part, to FirstEnergy stock prices. Dowling served as Senior Vice President at the time of his termination in 2020. Part of his pay was also tied to company financial performance and growth.

The 42-page indictment details the ways in which Jones and Dowling allegedly acted in support of the RICO conspiracy, including schemes to bribe former Ohio House Representative Larry Householder and former PUCO Chairman Samuel Randazzo.

According to the indictment, between 2017 and March 2020, FirstEnergy paid more than $59 million to 501(c)(4) entity Generation Now, which Jones and Dowling knew was operated for the benefit of and controlled by Householder. The bribe money helped Householder gain the position of Speaker of the House and pass and uphold House Bill 6, a billion-dollar nuclear plant bailout to benefit FirstEnergy.

It is alleged Jones and Dowling used a different 501(c)(4) entity, Energy Pass-Through, to fund with FirstEnergy money and direct payments to Generation Now and other entities they believed were associated with public officials for FirstEnergy’s and the officials’ benefit. Dowling allegedly referred to the 501(c)(4) as a “political tool.”

The indictment also alleges that Jones and Dowling pushed for FirstEnergy-approved appointments to the state public utilities board, including Randazzo as PUCO Chairman. In January 2019, FirstEnergy allegedly paid Randazzo’s companies more than $4.3 million for Randazzo providing favorable official actions for FirstEnergy through PUCO proceedings.

The indictment alleges that Jones referred to Householder as his “expensive friend,” and thanked Randazzo after PUCO, under Randazzo’s leadership, took action in 2019 that Jones attributed to raising FirstEnergy’s stock price.

After the passage of House Bill 6, Dowling wrote, “Huge bet and we played it all right on the budget and HB 6 – so we can go back for more!”

“I stated following the jury conviction of Householder and Borges that this office would continue to work tirelessly to hold more people accountable for their actions to harm Ohioans, and we have,” said U.S. Attorney Kenneth L. Parker. “This indictment is yet another step in the direction of that accountability.”

“This alleged $60 million racketeering conspiracy defrauded Ohioans to enrich the defendants,” stated FBI Cincinnati Special Agent in Charge Elena Iatarola. “The FBI will continue to pursue political corruption and corporate fraud to protect taxpayers and hold white-collar criminals responsible for their actions.”

The RICO conspiracy as charged in this case is punishable by up to 20 years in prison.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio; and Elena Iatarola, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; announced the charges. Deputy Criminal Chief Emily N. Glatfelter and Assistant United States Attorney Matthew C. Singer are representing the United States in this case.

An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.

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Source: US FBI

COLUMBUS, Ohio – A former Columbus police officer was sentenced in U.S. District Court today to 65 months in prison for conspiring with another police officer to traffic more than eight kilograms of fentanyl and for conspiring with a confidential informant to traffic 40 kilograms of cocaine.

John J. Kotchkoski, 36, of Marengo, Ohio, conspired to distribute and to possess with the intent to distribute 400 grams or more of fentanyl.

“Failing to uphold his oath to serve the residents of this great community, Kotchkoski forever stained his badge, not the badge of all the incredible men and women of the Columbus Division of Police.  He should be held accountable for his misdeeds.  This sentence of more than five years in prison for conspiring to distribute this poison in our community should send a message to every member of law enforcement that any such failure to uphold our oath to the community will not be tolerated,” said U.S. Attorney Kenneth L. Parker.

According to court documents, from at least June 2021 through his September 2021 arrest, while assigned to investigate drug crimes, Kotchkoski conspired with a fellow Columbus police officer and with a confidential informant to illegally traffic drugs.

Kotchkoski provided the confidential informant approximately 40 kilograms of cocaine to be sold and then kept most of the proceeds.

The defendant conspired with the other officer to receive a portion of the drug proceeds made from selling kilogram quantities of fentanyl. For example, on at least three occasions, the coconspirator distributed fentanyl to another individual and accepted $32,500 for approximately one of the kilograms of fentanyl. Kotchkoski received a portion of these drug proceeds.

In late August 2021, Kotchkoski expected to receive an additional portion of drug proceeds for more than eight kilograms of fentanyl being provided by his coconspirator but was arrested before he was able to do so.

Kotchkoski pleaded guilty to a bill of information in April 2022.

As part of his conviction, Kotchkoski will forfeit a Cadillac Escalade, a Chevrolet Corvette, more than 20 firearms and a money judgment totaling half a million dollars.

Coconspirator Marco R. Merino was sentenced in February 2023 to nine years in prison.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Elena Iatarola, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Columbus Police Chief Elaine Bryant; Ohio Attorney General Dave Yost and the Ohio Bureau of Criminal Investigation, and the FBI’s Public Corruption Task Force, announced the sentence imposed by U.S. District Court Judge Edmund A. Sargus, Jr. Assistant United States Attorney Peter K. Glenn-Applegate and Elizabeth A. Geraghty are representing the United States in this case.

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Source: US FBI

COLUMBUS, Ohio – A former Nationwide Children’s Hospital employee who treated child burn victims was sentenced in U.S. District Court today to 210 months in prison for downloading, exchanging and receiving child pornography. 

Ryan Ramos, 38, of Columbus, pleaded guilty in May 2024 to one count of distributing and receiving child pornography and one count of possessing child pornography.

Ramos possessed a large quantity of child sexual abuse material, including more than 42,000 images and approximately 8,500 videos. As part of this case, more than 700 victims have been identified.

Ramos worked at Nationwide Children’s Hospital from 2018 until 2020 and then at The Ohio State University Wexner Medical Center in the ICU in burn trauma until 2023.

According to court documents, a 2020 FBI investigation in their Brooklyn-Queens office led agents to discover Ramos’s participation in a Signal app group dedicated to the exchange of child pornography.

Ramos shared hundreds of images and videos of child sexual abuse, including abuse of young boys and infants, to the chat group.

Further investigation into Ramos revealed that, in 2018, he had paid a sexual offender in New York City and received child pornography created by the offender in exchange for his payment. Ramos sent more than $500 via PayPal to the child exploiter.

Ramos’s iPhone contained more than 346,000 Signal, Telegram and other online chat messages, in most of which Ramos was distributing, seeking, receiving or discussing child pornography.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio, and Elena Iatarola, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the sentence imposed today by U.S. District Judge Sarah D. Morrison. Assistant United States Attorney Emily Czerniejewski is representing the United States in this case.

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Source: US FBI

COLUMBUS, Ohio – John Castillo, 32, of Grove City, was sentenced in U.S. District Court here today to 46 months in prison for possessing with intent to distribute five kilograms or more of cocaine. 

According to court documents, Castillo was previously a Columbus police officer assigned to investigate drug crimes. In February 2021, he conspired with another officer to steal and sell approximately 10 kilograms of cocaine. Castillo and the other officer took approximately 10 kilograms of cocaine from a house on North Everett Avenue and did not turn it into evidence. They planted two additional kilograms of cocaine for law enforcement discovery later that day at the house. The 10 kilograms of cocaine were stored in the other officer’s basement before they were given to another individual to sell.

Castillo was arrested in February 2024 and pleaded guilty in June 2024.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio; and Elena Iatarola, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the sentence imposed today by U.S. District Judge Edmund A. Sargus Jr.

Assistant United States Attorneys Peter K. Glenn-Applegate and Elizabeth A. Geraghty are representing the United States in this case.

The case was investigated by the FBI’s Southern Ohio Public Corruption Task Force, which includes special agents and officers from the FBI, Ohio Attorney General’s Bureau of Criminal Investigation, the Ohio Auditor of State’s Office and the Columbus Division of Police.

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Source: US FBI

ASHEVILLE, N.C. – Ernest D. Pheasant, Sr., 47, an enrolled member of the Eastern Band of Cherokee Indians (EBCI), was sentenced to life in prison today for the 2013 murder of Marie Walkingstick Pheasant, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.

“For over a decade, Marie’s family has endured the pain of losing their loved one without justice. Today, that changed,” said U.S. Attorney Ferguson. “Ernest Pheasant will pay for his heinous crime by spending the rest of his life behind bars. While nothing can undo the family’s loss, I hope this sentence brings them a measure of justice. My Office remains committed to pursuing cases involving missing or murdered indigenous persons no matter how much time has passed.”

“While nothing can undo the pain caused by this tragic crime, we hope that this sentence helps to provide closure to the family and friends of Marie Walkingstick Pheasant,” said Marcelino Toersbijns, Chief of the Bureau of Indian Affairs Missing and Murdered Unit (MMU). “This case is emblematic of the Missing and Murdered Indigenous Persons Crisis impacting tribal communities across the country and highlights the importance of the MMU’s mission of analyzing and solving missing, murdered and human trafficking cases involving American Indians and Alaska Natives.”

According to filed documents and information presented in court, on December 29, 2013, the body of Marie Walkingstick Pheasant was discovered inside a burned-out vehicle parked near Big Cove Road within the Qualla Boundary in the Western District of North Carolina. Investigators determined that the vehicle had been intentionally set on fire. An autopsy revealed that Marie died from stab wounds to the neck and abdomen. DNA retrieved from a baseball cap found near the vehicle was linked to the defendant, who was Marie’s estranged husband.

On April 7, 2022, following a review of unsolved homicides in the region, the Bureau of Indian Affairs’ Missing and Murdered Unit opened a full interagency investigation into the case. During the investigation, law enforcement determined that Pheasant killed Marie at their home, then transferred her body to the car, drove it to Big Cove Road, and set it on fire. On August 16, 2024, Pheasant pleaded guilty to first degree murder for killing Marie willfully, deliberately, maliciously, and with premeditation.

The MMU began as the Cold Case task force, part of Operation Lady Justice, a multi-agency effort established by President Trump’s administration in 2019 to enhance the operation of the criminal justice system and address the staggering number of missing and murdered American Indian and Alaska Natives in tribal communities.

Today’s sentence is the result of the joint investigation conducted by the MMU, the FBI in North Carolina, the North Carolina State Bureau of Investigation, the North Carolina State Highway Patrol, the Cherokee Indian Police Department, and the EBCI Office of the Tribal Prosecutor.

Assistant U.S. Attorney Alex M. Scott of the U.S. Attorney’s Office in Asheville prosecuted the case.

Operation Not Forgotten

On Tuesday, the Justice Department announced a surge in FBI resources across the country to address unresolved violent crimes in Indian Country, including crimes relating to missing and murdered indigenous persons. As part of Operation Not Forgotten, 60 FBI personnel will be sent to Field Offices to support investigations of Indian Country violent crimes. The FBI will be assisted by the Bureau of Indian Affairs Missing and Murdered Unit and will use the latest forensic evidence processing tools to solve cases and hold perpetrators accountable. U.S. Attorney’s Offices will aggressively prosecute case referrals.

“Crime rates in American Indian and Alaska Native communities are unacceptably high. By surging FBI resources and collaborating closely with US Attorneys and Tribal law enforcement to prosecute cases, the Department of Justice will help deliver the accountability that these communities deserve,” said Attorney General Pam Bondi.

“The FBI will manhunt violent criminals on all lands – and Operation Not Forgotten ensures a surge in resources to locate violent offenders on tribal lands and find those who have gone missing,” said FBI Director Kash Patel.

“Violent crime continues to disproportionately impact communities in Indian Country,” said U.S. Attorney Ferguson. “Dedicating additional resources to reduce violent criminal activity in Tribal communities and solve cases of missing or murdered indigenous persons sends a clear message: No victim will be forgotten, and no crime will go unpunished.”

Scott Davis, Senior Advisor to the Secretary of Interior, exercising the delegated authority of the Assistant Secretary for Indian Affairs, said, “We appreciate the partnership of the Department of Justice and the FBI in addressing these crimes. This announcement reinforces our commitment to Indian Country and our dedication to collaborating with federal, state, and tribal agencies to ensure justice for American Indian and Alaska Native victims while holding offenders accountable.”

Indian Country faces persistent levels of crime and victimization.  At the beginning of Fiscal Year 2025, FBI’s Indian Country program had approximately 4,300 open investigations, including over 900 death investigations, 1,000 child abuse investigations, and more than 500 domestic violence and adult sexual abuse investigations.

Operation Not Forgotten renews efforts begun during President Trump’s first term under E.O. 13898, Establishing the Task Force on Missing and Murdered American Indians and Alaska Natives.  This is the third deployment under Operation Not Forgotten, which has provided investigative support to over 500 cases in the past two years. Combined, these operations resulted in the recovery of 10 child victims, 52 arrests, and 25 indictments or judicial complaints.

Operation Not Forgotten also expands upon the resources deployed in recent years to address cases of missing and murdered indigenous people.  The effort will be supported by the Department’s MMIP Regional Outreach Program, which places attorneys and coordinators in U.S. Attorneys’ Offices across the United States to help prevent and respond to cases of missing or murdered indigenous people.

Source: US FBI

CHARLOTTE, N.C. – Olumide Olorunfunmi, 39, a Nigerian national, appeared in federal court in Charlotte today and pleaded guilty to money laundering conspiracy for laundering millions in criminal proceeds linked to romance scams and business email compromise schemes, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.  According to documents filed with the court and today’s plea hearing, the scheme caused more than 125 victims to transfer over $4.5 million of proceeds stemming from illegal activities.

Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation in North Carolina, joins U.S. Attorney Ferguson in making today’s announcement.

Two of Olorunfunmi’s co-conspirators, both Nigerian nationals, have also pleaded guilty to federal charges and are awaiting sentencing. Specifically, Samson Amos, 53, pleaded guilty to conspiracy to operate an unlicensed money transmitting business. Emmanuel Unuigbe, 42, pleaded guilty to money laundering conspiracy and conspiracy to operate an unlicensed money transmitting business.

As Olorunfunmi admitted in court today, from 2020 through 2023, Olorunfunmi conspired with Amos, Unuigbe, and others to launder the criminal proceeds of various illegal activities, including romance scams that typically targeted elderly victims, and business email compromise schemes (BECs). Court records show that the victims of the schemes were directed to transfer funds into domestic and international bank accounts controlled by Olorunfunmi and his co-conspirators. Upon receiving the fraud proceeds, Olorunfunmi and his co-conspirators transferred the funds to other bank accounts, in the U.S. and overseas.

Olorunfunmi, Amos and Unuigbe profited by keeping a portion of the criminal proceeds obtained through the schemes. They also profited by agreeing to “pay” for the domestic deposits received by others by transferring Nigerian Naira from accounts the co-conspirators controlled in Nigeria to other accounts in Nigeria, based upon a “black market” exchange rate for United States Dollars to Naira.

The charge of money laundering conspiracy carries a maximum sentence of 20 years in prison. A sentencing date has not been set.

In making today’s announcement, U.S. Attorney Ferguson thanked the FBI for the investigation of the case.

Assistant U.S. Attorney Daniel Ryan with the U.S. Attorney’s Office in Charlotte is in charge of the prosecution.

Business Email Compromise Schemes

BEC schemes, also referred to as “cyber-enabled financial fraud,” are sophisticated scams that often target individuals, employees, or businesses involved in financial transactions or that regularly perform wire transfer payments. Fraudsters are usually part of larger criminal networks

operating in the United States and abroad. There are many variations of BEC schemes. Generally, the schemes involve perpetrators gaining unauthorized access to legitimate email accounts or creating email accounts that closely resemble those of individuals or employees associated with the targeted businesses or involved in business transactions with the victim businesses. The scammers then use the compromised or fake email accounts to send false wiring instructions to the targeted businesses or individuals, to dupe the victims into sending money to bank accounts controlled by perpetrators of the scheme. Generally, the money is quickly transferred to other accounts in the United States or overseas. More information on BEC schemes can be found here.

Romance Scams

In romance scams, fraudsters use a fake online identity to gain a victim’s affection and trust. The fraudsters then use the illusion of a romantic or close relationship to manipulate and/or steal from the victim. The fraudsters want to establish a relationship as quickly as possible, endear themselves to the victim, and gain trust. Fraudsters may propose marriage and make plans to meet in person, but that will never happen. Eventually, they will ask for money. The fraudsters who carry out romance scams are experts at what they do and will seem genuine, caring, and believable, and are present on most dating and social media sites. They also claim to be in the building or construction industry and/or are engaged in projects outside the U.S. That makes it easier to avoid meeting in person and more plausible when they ask for money for a medical emergency or unexpected legal fees. More information on romance scams can be found here.

If you have been the victim of an online scam or know someone who has been victimized, it is important to report it to law enforcement. Please visit ic3.gov, the FBI’s Internet Crime Complaint Center (IC3), to file a complaint. 

Source: US FBI

CHARLOTTE, N.C. – Jermond Santa Lowery, Jr., 29, of Charlotte, was sentenced in federal court today to seven years in prison for brandishing an AR-15 rifle during the robbery of a Waffle House, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.

Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department (CMPD), join U.S. Attorney Ferguson in making the announcement.

According to information in filed documents and court proceedings, on October 31, 2023, Lowery entered a Waffle House in Charlotte, where he brandished an AR-15 rifle. As the employees began to flee through the back door, Lowery shouted at the employees to get back and open the cash register, threatening to kill them. Court documents show that Lowery removed the cash register from the restaurant and fled the scene. CMPD officers arrested Lowery the next day.

On September 26, 2024, Lowery pleaded guilty to brandishing a firearm in furtherance of a crime of violence. He remains in federal custody pending placement by the Federal Bureau of Prisons.

The investigation was handled by the FBI and CMPD.

The U.S. Attorney’s Office in Charlotte prosecuted the case. 

Source: US FBI

CHARLOTTE, N.C. – Kristin Turney, 54, of Catawba, South Carolina, was sentenced today to 51 months in prison followed by one year of supervised release for embezzling more than $1.7 million from her employer, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. Turney was also ordered to pay restitution in the amount of $1,754,204.13.

Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation (FBI) in North Carolina, joins U.S. Attorney Ferguson in making today’s announcement.

“Turney was a trusted employee that pilfered money from an unsuspecting employer,” said U.S. Attorney Ferguson. “Her conduct was not a lapse in judgement; it was a prolonged and deliberate pattern of deceptive behavior that nearly destroyed a small business. Today’s sentence is a reminder that embezzlement is not a shortcut to riches, but a path to federal prison.”

According to court documents, from 2016 to 2023, Turney executed a scheme to defraud her employer, a small, family-owned business, by embezzling more than $1.7 million. Turney was in charge of the company’s financial matters, including bank accounts, payroll, accounts payables and receivables, and tax filings. During the scheme, Turney misused her access and control over the company’s bank accounts and books and records to write herself company checks, which she then deposited into bank accounts she controlled. Turney made over 1,000 unauthorized bank deposits to herself totaling over $1.7 million. Court documents show that Turney covered up the fraud by making false accounting entries in the company’s books and records. She also provided fraudulent information to the company’s tax return preparer and lied to the company’s owner and employees. As a result of Turney’s embezzlement scheme, the company continues to be impacted by the defendant’s theft.

On November 8, 2024, Turney pleaded guilty to wire fraud. She will be ordered to report the Federal Bureau of Prisons upon designation of a federal facility.

The case was investigated by the FBI.

Assistant U.S. Attorney Caryn Finley of the U.S. Attorney’s Office in Charlotte prosecuted the case. 

Source: US FBI

RALEIGH, N.C. – Richard Wargo, a former Sergeant at Pender Correctional Institution, pled guilty today to committing perjury before a federal grand jury in a civil rights investigation. Wargo, 37, faces up to 60 months in prison when sentenced later this year.

According to court documents and other information presented in court, the Federal Bureau of Investigation (FBI) began an investigation in 2022 into Pender Correctional Institution (PCI), in Burgaw, after receiving multiple allegations of officers using excessive force against inmates in the prior year.  During one incident, which occurred on November 17, 2021, PCI officers removed an inmate from a dorm room due to apparent intoxication and took him to a separate shipping and receiving building with no surveillance cameras.  The inmate was handcuffed and struck with a baton multiple times, resulting in lacerations on his legs and scarring.   

Wargo was working the night shift when the November 17, 2021, incident occurred and was tasked with preparing the incident report regarding the use of force.  In his report, Wargo omitted that he was present during or involved in the use of force. It was the prison’s policy that no one involved in the incident should prepare the incident report.

The FBI interviewed Wargo in August 2023.  When asked about the November 17, 2021, incident, Wargo described being the investigating officer but said he otherwise was in no way involved and was not even present for the use of force.  He appeared before a federal grand jury on August 22, 2023, and while under oath, gave the same account.  However, grand jury testimony from other officers and witnesses established that Wargo was present in the shipping and receiving building during the assault. Two officers testified that Wargo participated in the assault, striking the inmate with a baton, while another officer testified that he saw Wargo standing over the inmate.     

Wargo agreed to a second, audio recorded interview on February 26, 2024.  He again denied being present for or participating in the November 17, 2021, use of force incident.  But when confronted with evidence to the contrary, Wargo admitted that he had entered the shipping and receiving building during an ongoing use of force incident.  He further admitted that he had drawn his baton and witnessed other officers strike the inmate with batons.

Daniel P. Bubar, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after U.S. District Judge Terrence W. Boyle accepted the plea. The Federal Bureau of Investigation investigated the case.  Assistant U.S. Attorney Jake D. Pugh is prosecuting the case.

Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:24-cr-0043-BO.

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