Federal Judge Sentences Lexington Man to 15 Years for Engaging in Sexual Contact with a Minor in Indian Country

Source: US FBI

ASHEVILLE, N.C. – Rogelio Vega Evans, 26, of Lexington, N.C. was sentenced today to 180 months in prison for engaging in sexual contact with a minor by force in Indian Country, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. Upon his release from prison, Evans will be subject to a lifetime of supervised release and must register as a sex offender.

Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation (FBI) in North Carolina, and Chief Carla Neadeau of the Cherokee Indian Police Department join U.S. Attorney King in making today’s announcement.

According to filed court documents and court proceedings, on or about June 18, 2022, Evans sexually abused a child under the age of 12. The minor victim is an enrolled member of the Eastern Band Cherokee Indians (EBCI), and the crime occurred in Indian country, within the Qualla Boundary of the Eastern Band of Cherokee Indians.

On December 18, 2023, Evans pleaded guilty to engaging in sexual contact with a minor under the age of 12 by force.

Evans remains in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility.

In making today’s announcement, U.S. Attorney King thanked the FBI and the Cherokee Indian Police Department for their investigation of the case, and the High Point Police Department for its assistance with Evans’s arrest.

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

Four Men Sentenced for Actions During January 6 Capitol Breach

Source: US FBI

          WASHINGTON – Four men from Kentucky, North Carolina, Texas, and Virginia were sentenced to various terms after they were convicted of multiple felony and misdemeanor charges related to their conduct during the Jan. 6, 2021, breach of the U.S. Capitol. Their 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.

          Sentenced on Sept. 19, 2024, by U.S. District Judge Jia M. Cobb are Stephen Chase Randolph, 34, of Harrodsburg Kentucky; James Tate Grant, 31, of Cary, North Carolina; Jason Benjamin Blythe, 28, of Fort Worth, Texas; and Paul Russell Johnson, 38, of Lanexa, Virginia.

          Randolph was sentenced to 8 years in prison, 36 months of supervised release, and ordered to pay $2,000 in restitution.

          Grant was sentenced to 36 months in prison, 36 months of supervised release, and ordered to pay $2,000 in restitution.

          Blythe was sentenced to 30 months in prison, 36 months of supervised release, and ordered to pay $2,000 in restitution.

          Johnson was sentenced to five years of probation, conditions of which include, intermittent confinement on the weekends for the first year, followed by two years of home and ordered to pay a $25,000 fine and $2,000 in restitution. 

          A fifth defendant, Ryan Samsel, 40, of Bristol, Pennsylvania, will be sentenced on February 4, 2025

          All five defendants were convicted of civil disorder. Ryan Samsel and Steven Chase Randolph were found guilty of assaulting Officer C.E. with a deadly or dangerous weapon and inflicting bodily injury (a metal crowd control barrier). James Tate Grant, Paul Russell Johnson, and Benjamin Blythe were found guilty of assaulting Officer D.C. with a deadly or dangerous weapon (a metal crowd control barrier). Randolph was convicted of an additional felony charge of assaulting, resisting, or impeding Officer D.C. Samsel was convicted of additional felony charges of civil disorder, assaulting, resisting, or impeding certain officers; and assaulting, resisting, or impeding certain officers using a dangerous weapon (a wooden plank).

          According to evidence presented during the trial, the group participated in the first breach of the restricted Capitol grounds on Jan. 6, 2021, and led the initial attack on United States Capitol Police (USCP) officers. Their attack paved the way for thousands of rioters to storm the Capitol grounds.

          At approximately 12:40 p.m., the five men joined with other rioters at the Peace Circle, across from the Capitol grounds. Here, the sidewalk at the edge of the Capitol grounds across the street from the Peace Circle was blocked by linked bike-rack barricades. A second set of bike rack barricades, with signs that read “Area Closed By Order of the United States Capitol Police Board” and reinforced with snow fencing and zip ties, barred the way up the Pennsylvania Walkway, a footpath that runs from the Capitol to the sidewalk across the street from the Peace Circle.

          At about 12:50 p.m., Samsel approached the first barricade, opened a section, entered the restricted grounds, and approached the Capitol via the Pennsylvania Walkway. This marked the first breach of the restricted perimeter. Grant followed closely behind Samsel and waived the crowd forward onto the restricted grounds. Defendants Johnson, Blythe, Randolph, and others in the crowd followed Grant and Samsel past the first barricade and walked toward the officers standing behind the second barricade. At around that same time, Johnson shouted a series of exclamations, including “Let’s go!” “We pay your bills!” and “You back the f— off!” over his megaphone.

          Samsel and Grant then began to forcibly push and pull on the second barricade while officers held it in place. Samsel stopped pushing long enough to remove his denim jacket, hand it to someone off-camera, and turn his red “Make America Great Again” hat around backward. Johnson handed off his megaphone and backpack to someone behind him in the crowd. Randolph began to forcibly push and pull on the fence directly across from USCP officers. Johnson, Grant and Samsel joined Randolph in lifting the linked metal bike rack barricade off the ground. Blythe moved forward and grabbed the barricade with the other four defendants, and the five drove the metal bike rack barricade into a line of USCP officers.

          As they drove the metal bike rack barricade at the police line, one officer was struck in the face. The force of the strike threw the officer backward and caused the officer to slam their head twice: first against a metal handrail, then against the stairs. The officer lost consciousness and suffered a concussion. Another officer was driven several feet backward by the metal bike rack barricade until the back of their body ran into the stairwell and handrail behind them.

          After the five defendants pushed the metal bike rack barricade into the USCP officers, Randolph jumped over the barricade and grabbed an officer. By this point, the barricades were down, and the officers outmanned. The defendants and the rest of the rioters quickly overwhelmed the police line, and the USCP officers retreated backward toward the Capitol building. The rioters, including the five defendants, then walked to the Capitol building.

Each of the five men continued to fuel the riot on January 6th. Samsel assaulted other officers, Johnson incited the crowd over a megaphone, and Grant entered the Capitol building, while Blythe and Randolph climbed to the Upper West Terrace. The five remained at the Capitol for hours. Samsel’s additional assaultive and destructive conduct included grabbing the riot shield of a law enforcement officer while rioters were attempting to overtake police, tearing through the tarp in the scaffolding on the Capitol grounds, waving a flag in the officers’ faces, and taking a 2×4 plank of wood from the scaffolding and throwing it at a group of Metropolitan Police Department (MPD) officers as they struggled to maintain a police line.

          Defendant Grant climbed through one of the broken windows next to the Senate Wing door and into the Capitol building at approximately 2:50 p.m. He then stormed the halls with other rioters and was recorded with others inside Senator Merkley’s office. Blythe stayed on the Capitol grounds for hours. He climbed the media tower at the steps of the Capitol and joined others in resisting officers who were attempting to clear rioters.

          Johnson moved with rioters to the West Plaza. Using his megaphone, Johnson loudly and continuously shouted commands to the crowd, alerted them to what he perceived to be happening inside the building, and encouraged them to take action to stop the Congressional proceedings from taking place. Randolph also remained on Capitol grounds for hours, eventually climbing onto the Upper West Terrace, where he observed law enforcement engaged in a struggle with rioters inside and outside the inaugural archway, also known as the Tunnel.

          This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Eastern District of Pennsylvania, Eastern District of North Carolina, Eastern District of Virginia, Eastern District of Kentucky, and the Northern District of Texas.

          This case was investigated by the FBI field offices in Philadelphia, Charlotte, Norfolk, Louisville, Dallas, and Washington, D.C. Valuable assistance was provided by the United States Capitol Police and the Metropolitan Police Department. Samsel was identified as BOLO #51, Grant #50, Johnson #49, Randolph #168, and Blythe #52 on the FBI’s seeking information photos.

          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.

Twelve Defendants Sentenced for Violent Home Invasion Robberies to Steal Cryptocurrency

Source: US FBI

A Florida man was sentenced to 47 years in prison on Wednesday for his role in a scheme involving a series of home invasion robberies targeting cryptocurrency. Between Sept. 5 and Sept. 12, a total of 12 men have been sentenced for their role in the scheme.

According to court documents and evidence presented at the trial, Remy Ra St Felix, 25, of West Palm Beach, and his co-conspirators stole over $3.5 million from victims through SIM swapping and violent home invasions in which they held victims at gunpoint, assaulted them, and bound them with plastic cable ties. St Felix was convicted on June 25 by a federal jury in Greensboro, North Carolina, after a six-day trial. In addition to his sentence of incarceration, St Felix was sentenced to five years of supervised release and ordered to pay $524,153.39 in restitution.

According to court documents and evidence presented at trial, beginning in late 2020, St Felix’s co-conspirator, Jarod Gabriel Seemungal, 23, of West Palm Beach, and foreign co-conspirators stole cryptocurrency from victims’ accounts at exchanges. They obtained access to the accounts by gaining control of the victims’ phone numbers through SIM swapping. In 2022, Seemungal and his co-conspirators devised the home invasion scheme and recruited St Felix and others to assist with the invasions. St Felix later became the leader of the home invasion crew. In September 2022, St Felix and members of the crew committed violent home invasions in Delray Beach and Homestead, Florida. In Delray Beach, the victims were held at gunpoint in their home. In Homestead, a man and his family were held at gunpoint in their home, and then the man was abducted, held hostage, and beaten, before the man was found by law enforcement 120 miles from his home.

Later in 2022, St Felix and his crew targeted a Little Elm, Texas, man and made several trips to attempt the robbery. In December 2022, Seemungal and a Houston-based crew comprised of Deangelo Lee Contreras, 21, Tristian Rene Gamez, 21, Victor Gonzalez, 27, Jesus Salazar, 24, Cristian Valdez, 21, and Jesus Gerardo Valdez, Jr., 27, all of Houston, Texas, committed the home invasion. The Little Elm man and members of his family were held at gunpoint and restrained in their home for over three hours, during which time members of the crew tortured the man and his mother. The perpetrators stole approximately $150,000.00 in cash, two Rolex watches, and a valuable necklace and pendant.

In April 2023, St Felix and Elmer Ruben Castro, 23, of West Palm Beach, invaded the home of a wife and a husband in Durham, North Carolina. Prior to the invasion, St Felix’s co-conspirators obtained unauthorized access to the couple’s email account and conducted multiple days of surveillance on their home. During the invasion, the men violently assaulted the couple, threatened them with guns, and restrained them with plastic cable ties. They forced the man to provide access to his computer and cryptocurrency exchange account. Seemungal then remotely accessed the computer and stole over $150,000.00 worth of cryptocurrency. Conspirators laundered the funds through anonymity-enhanced cryptocurrencies, as well as “instant exchanges” and decentralized finance platforms that did not conduct know-your-customer checks.

In July 2023, St Felix traveled from Florida to Long Island, New York, to commit a home invasion of a family of five. Before St Felix could do so, however, he was arrested. At the time of his arrest, St Felix was in possession of two firearms and plastic cable ties.

Throughout the conspiracy, the conspirators communicated via an encrypted messaging application to plan their crimes. They identified targets and discussed how to gain entry to homes, the tools required to carry out the crimes, the technical aspects of cryptocurrency, and the patterns of life of their targets.

They also circulated pictures of their targets and their targets’ homes. In addition to the home invasions described above, conspirators used the encrypted messaging application to plan additional home invasion robberies in Fort Lauderdale, Florida; Orlando, Florida; and Georgia. Seemungal and the foreign co-conspirators financed the purchase of rental cars, hotel rooms, and firearms by co-conspirators Haisel Daily, 22, of West Palm Beach, and Ruben Matias Nicolopulos Silva, 22, of Lake Worth, Florida, to use during the robberies.

Seemungal was also sentenced yesterday to 20 years in prison followed by five years of supervised release and ordered to pay $4,038,479.39 in restitution. Seemungal pleaded guilty on December 19, 2023, for his role in the scheme to steal cryptocurrency by hacking victims’ cryptocurrency accounts as well as the home invasion and robbery scheme.

On Feb. 6, Castro pleaded guilty to conspiracy to commit kidnapping and kidnapping. He is scheduled to be sentenced on Oct. 1.

On May 29 and 30, nine of St Felix’s and Seemungal’s co-conspirators pleaded guilty to conspiracy to commit kidnapping, and were sentenced as follows:

  • Jose Alfredo Avila, 27, of West Palm Beach, was sentenced on Sept. 11, to 20 years in prison, followed by four years of supervised release and ordered to pay $365,100.00 in restitution.
  • Contreras was sentenced on Sept. 5, to 15 years in prison, followed by five years of supervised release and ordered to pay $355,800.00 in restitution.
  • Daily was sentenced on Sept. 5, to 25 years in prison, followed by four years of supervised release and ordered to pay $524,153.39 in restitution.
  • Gonzalez was sentenced on Sept. 6, to 12 years in prison, followed by three years of supervised release and ordered to pay $355,800.00 in restitution.
  • Nathan Noel Quintana, 24, of Royal Palm Beach, Florida, was sentenced on Sept. 6, to 16 years in prison, followed by four years of supervised release and ordered to pay $365,100.00 in restitution.
  • Silva was sentenced on Sept. 5, to 12 years in prison, followed by five years of supervised release and ordered to pay $524,153.39 in restitution.
  • Cristian Valdez was sentenced on Sept. 6, to 12 years in prison, followed by four years of supervised release and ordered to pay $355,800.00 in restitution.
  • Jesus Valdez was sentenced on Sept. 6, to 12 years in prison, followed by four years of supervised release and ordered to pay $355,800.00 in restitution.
  • Jesus Manuel Santiago, III, 23, of West Palm Beach, is scheduled to be sentenced on Oct. 1.

Also, on May 29 and 30, Salazar and Gamez pleaded guilty to conspiracy to interfere with commerce through robbery. Salazar was sentenced on Sept. 5, to five years in prison, followed by four years of supervised release and ordered to pay $355,800.00 in restitution. Gamez was sentenced on Sept. 11, to eight years in prison, followed by three years of supervised release and ordered to pay $355,800.00 in restitution.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina; and Special Agent in Charge Robert M. DeWitt of the FBI Charlotte Field Office made the announcement.

The FBI Charlotte Field Office investigated the case, with valuable assistance from the Durham Police Department and the FBI New York, Miami, Houston, Mobile, and Newark Field Offices.

The National Cryptocurrency Enforcement Team (NCET) of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) is partnered with the U.S. Attorney’s Office for the Middle District of North Carolina in prosecuting the case. CCIPS/NCET Trial Attorney and Assistant U.S. Attorney Eric Iverson for the Middle District of North Carolina and CCIPS Trial Attorney Brian Mund are prosecuting the case. The U.S. Attorneys’ Offices for the Southern District of Florida, Southern District of Texas, and Eastern District of Texas provided valuable assistance.

NCET was established to combat the growing illicit use of cryptocurrencies and digital assets. Within CCIPS, NCET conducts and supports investigations into individuals and entities that enable the use of digital assets to commit and facilitate a variety of crimes, with a particular focus on virtual currency exchanges, obfuscation services, and infrastructure providers. NCET also sets strategic priorities regarding digital asset technologies, identifies areas for increased investigative and prosecutorial focus, and leads the department’s efforts to collaborate with domestic and foreign government agencies as well as the private sector to aggressively investigate and prosecute crimes involving cryptocurrency and digital assets.

###

North Carolina Man Found Guilty of Assaulting Law Enforcement and Other Charges During January 6 Capitol Breach

Source: US FBI

          WASHINGTON— A North Carolina man was found guilty of assaulting law enforcement and other felony and misdemeanor offenses related to his conduct 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.

          A federal jury in the District of Columbia found Brett Alan Rotella, also known as Brett Ostrander, 35, of Kannapolis, North Carolina, guilty on Sept. 11, 2024, of three felony offenses, including obstruction of law enforcement during a civil disorder, and two counts of assaulting, resisting, or impeding certain officers. In addition to the felonies, Rotella was convicted of three misdemeanor offenses of entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, and impeding passage through the Capitol grounds or buildings.

          U.S. District Judge Randolph D. Moss will sentence Rotella on Dec. 13, 2024.

          According to court documents and evidence presented during the trial, on Jan. 6, 2021, at approximately 2:24 p.m., Rotella was identified among a crowd of rioters amassed on the West Plaza of the U.S. Capitol building in Washington, D.C., wearing distinctive clothing that included a red skull cap, a black sleeveless puffy vest over a red sleeveless shirt, and white or gray long shorts. He carried a long pole with at least two flags affixed to it at various points during the day.

           According to police body-worn camera footage, just minutes after his arrival at the West Font, Rotella approached a police barricade and forcibly pushed it toward a Metropolitan Police Department officer, while shouting inflammatory remarks.

          At approximately 2:33 p.m., as the police line on the West Plaza became overwhelmed and was forced to retreat, Rotella was observed taking charge of a group of rioters, directing their movements by periodically signaling with his hand to “hold” and leading them up the southwest stairs toward the Capitol.

          Video footage from the Lower West Terrace showed that at approximately 2:40 p.m., Rotella followed retreating officers into the Lower West Terrace Tunnel, the site of some of the most violent attacks against law enforcement that day. Inside the Tunnel, as officers attempted to hold back the rioters, Rotella continued his advance, even after pepper balls containing chemical irritant were fired at him.

          Evidence during the trial showed that the mob, including Rotella, breached the Capitol entrance at the Tunnel by smashing the glass pane of one of the locked doors and forcing the doors open. CCTV and body-worn camera footage depicted Rotella entering the Tunnel and joining others in a concerted effort to physically assault police officers inside. Inside the Tunnel, Rotella pushed against police shields and attempted to leverage his body to push through the police line and into the building.

          Rotella left the Tunnel at approximately 2:55 p.m., but remained in the vicinity for approximately ninety more minutes, joining a large crowd that repeatedly surged against the police line.. Further video evidence depicted Rotella counting down and leading a coordinated push by the mob against the officers.

          Rotella was later observed grabbing a large orange ladder and handing it toward the front of the crowd in an apparent attempt to use it against the officers. Video footage showed Rotella pushing the ladder into the Tunnel and pushing against other rioters near him in an effort to collectively breach the police line.

          The FBI arrested Rotella on Aug. 29, 2023, in Mooresville, North Carolina.

          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 Western District of North Carolina and the U.S. Attorney’s Office for the Middle District of North Carolina.

          This case is being investigated by the FBI’s Charlotte and Washington Field Offices, which identified Rotella as BOLO (Be on the Lookout) #82 on its seeking information photos. 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.

New York Cyberstalker is Sentenced to 15 Years in Prison

Source: US FBI

CHARLOTTE, N.C. – Russell J. Martini, 47, of Bay Shore, New York, was sentenced today to 180 months in prison followed by three years of supervised release for cyberstalking a female victim and related offenses, announced Dena J. King, 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 join U.S. Attorney King in making today’s announcement.

According to court documents and court proceedings, in April and May of 2022, Martini sent repeated harassing and threatening communications to an individual identified in court documents as “Jane Doe.” Jane Doe knew Martini and had obtained a protection order in New York that prohibited the defendant from contacting her. In April 2022, Jane Doe moved from New York to Charlotte. Soon thereafter, Martini began a cyberstalking campaign against Jane Doe, and used texts, emails, and social media platforms to send Jane Doe and members of her family harassing messages and threats of death and bodily injury. Martini also created a public social media account in Jane Doe’s name and used a compromising photo of the victim as a profile picture. Court documents show that Martini threatened to publish sexual photos and videos of Jane Doe online and on popular social media websites if Jane Doe did not respond to his communications.

According to filed court documents, in May 2022, Martini sent Jane Doe emails in which he threatened to kill her, “cave her face in,” “leave her in a pool of blood,” and kill her animals.  Then, Martini traveled to Charlotte and attempted to kidnap Jane Doe. Martini waited at Jane Doe’s apartment complex and attacked her as she walked up the stairs to her apartment. Martini then attempted to drag the victim to his car, but a bystander intervened, and Martini fled. After the attack, Martini sent Jane Doe an email asking her if she was “ready for round two” and threatened to kill her.

Court records show that Martini was convicted of stalking another female victim in 2018. In support of Martini’s 15-year sentence, U.S. District Judge Robert J. Conrad, Jr. cited Martini’s lengthy criminal history involving similar behavior, his inability to comply with previous terms of probation, and the need to protect the public from Martini.

On September 28, 2023, Martini pleaded guilty to cyberstalking, stalking, and communicating interstate threats.

In making today’s announcement, U.S. Attorney King thanked the FBI and CMPD for their investigation of this case.

Assistant United States Attorney Kimlani Ford of the U.S. Attorney’s Office in Charlotte is prosecuted the case.              

Member of Cypress Gangsta Crips Gang Charged with 2015 Murder

Source: US FBI

Earlier today, a two-count indictment was unsealed in federal court in Brooklyn charging Jason Soto, also known as “Twin,” a member of the Cypress Gangsta Crips (CGC), a subgroup of the Eight Trey Crips based in the Cypress Hills Houses of East New York, Brooklyn, with the February 2015 murder of Shakim Rivera, the leader of the CGC.   The defendant was arrested this morning and will be arraigned before United States Magistrate Judge Sanket J. Bulsara.

Breon Peace, United States Attorney for the Eastern District of New York, James E. Dennehy, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI) and Jessica S. Tisch, Commissioner, New York City Police Department (NYPD), announced the arrest and indictment.

“This indictment makes clear that my Office and our law enforcement partners are relentless in our pursuit of violent gang members who have committed murders and harmed communities like the Cypress Hills Houses for far too long,” stated United States Attorney Peace.  “We are reducing gang and gun-related violence and saving lives through a coordinated effort to target the most violent offenders, like this defendant.”

“Jason Soto, a Crips gang member, allegedly appointed himself as judge, jury, and executioner to murder his own leader as twisted justice for the death of a fellow member. Soto’s alleged actions contributed to the infestation of gang violence plaguing a Brooklyn housing complex and endangered the lives of thousands of its residents. With the assistance of our law enforcement partners, the FBI will continue to apprehend any gang member wreaking havoc in our communities,” stated FBI Assistant Director in Charge Dennehy.

“The residents of the Cypress Hills Houses, along with all New Yorkers in every neighborhood, deserve to live their lives without fear,” stated NYPD Commissioner Tisch.  “The NYPD and our law enforcement partners are dedicated to systematically dismantling the gangs and crews responsible for crime and violence in New York City. I commend the collaborative efforts of our NYPD investigators, the FBI, and the U.S. Attorney’s Office for the Eastern District of New York in identifying and holding accountable those who terrorize our communities.”

As detailed in the indictment and other court documents, since at least February of 2015, Soto was a member of the CGC, which operated in the Cypress Hills Houses and elsewhere.  CGC members committed acts of violence to promote the gang, enforce the rules of the gang, keep rivals in fear of CGC and earn money for the gang through firearm and narcotics trafficking and robberies.

The investigation revealed a deadly gang turf war fought in the Cypress Hill Houses—in the midst of residential buildings, stores and a playground—between gangs that have aligned themselves by where their members live within the housing complex.  The Bloods gang associated with the “Frontside” section of Cypress feuded with the CGC members of the “Backside” and “Teamside” sections of Cypress.  An internal war broke out in 2015 within the CGC when high-ranking member Demetrius Graham, also known as “Duke,” was murdered on February 19, 2015. Believing that CGC leader Shakim Rivera was responsible for Graham’s murder, members of CGC planned retaliation.

On February 19, 2015, Soto traveled from Pennsylvania to Brooklyn to carry out Rivera’s murder.  On February 22, 2015, Soto lured Rivera to the vicinity of 9011 Bayview Place in the Canarsie neighborhood of Brooklyn.  As alleged, Soto and another member of the CGC shot and killed Rivera, the leader of CGC, in retaliation for Graham’s murder.

The indictment is the result of a long-term investigation initiated by the FBI, the NYPD and the Office in 2015 in response to gang-related violence in and around the Cypress Hills Houses.  The investigation has resulted in charges against over 20 defendants for drug trafficking, illegal weapons possession, robbery and murder.

If convicted, the defendant faces a mandatory sentence of life in prison, or possibly the death penalty.

The charges announced today are allegations, and the defendant is presumed innocent unless and until proven guilty.

The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States  Attorneys Emily J. Dean and Andy Palacio are in charge of the prosecution, with the assistance of Paralegal Specialist Theodore Rader.

The Defendant:

JASON SOTO
Age:  36
Queens, New York

E.D.N.Y. Docket No. 24-CR-511 (RER)

Former Executive of Airline and Co-Conspirator Sentenced in a Money Laundering Conspiracy

Source: US FBI

Edward Y. Kim, the Acting United States Attorney for the Southern District of New York, announced that SHUKHRATJON MIRSAIDOV and SHUKHRAT ABDULLAEV were sentenced to one year and a day and 24 months in prison, respectively, for their roles in operating a money laundering scheme from June 2019 to February 2022, using the U.S. bank account of an international airline (“Airline-1”) with a hub at John F. Kennedy International Airport in New York, where MIRSAIDOV was the lead U.S.-based executive.  U.S. District Judge Loretta A. Preska imposed MIRSAIDOV’s sentence today and ABDULLAEV’s sentence on September 4, 2024, following the defendants’ guilty pleas to conspiracy to commit money laundering. 

Acting U.S. Attorney Edward Y. Kim said: “For years Shukhratjon Mirsaidov and Shukrat Abdullaev engaged in a scheme to launder healthcare fraud proceeds through the accounts of an international airline in order to conceal the illicit nature of these funds.  Laundering schemes that use real businesses to conceal crime proceeds are often particularly difficult for law enforcement to detect.  This case demonstrates that this Office will continue to root out money laundering, no matter how sophisticated, wherever it occurs and that those responsible will be held to full account.”  

According to allegations in the Indictment, the criminal Complaint, public filings, and statements made in court: 

In the course of the money laundering conspiracy, MIRSAIDOV and ABDULLAEV used a U.S. company bank account for Airline-1 (the “Airline-1 Bank Account”) to operate a check-cashing scheme and to launder hundreds of thousands of dollars of healthcare fraud proceeds.  As a senior executive, MIRSAIDOV was one of two signatories for the Airline-1 Bank Account.  Between approximately June 2019 and August 2021, MIRSAIDOV deposited into the Airline-1’s Bank Account over 100 checks drawn from accounts controlled by seven shell companies that were used to launder the proceeds of healthcare fraud.  For example, the shell companies had received insurance payments for medical services purportedly provided by a doctor, but the doctor did not, in fact, provide such services.  The shell companies were primarily funded by payments from medical clinics, physicians, and medical diagnostic testing companies and had no relation whatsoever to the airline industry. 

MIRSAIDOV obtained the checks from the shell companies from ABDULLAEV, who was not an employee of Airline-1 and who obtained the checks from the perpetrators of the healthcare fraud scheme.  MIRSAIDOV and ABDULLAEV collected cash generated from Airline-1 ticket sales and fees, and instead of depositing that cash into Airline-1’s bank account, used the cash to illegally cash the shell company checks.  ABDULLAEV gave the cash generated from the airline ticket sales and fees to the perpetrators controlling the shell companies.

MIRSAIDOV and ABDULLAEV not only used the Airline-1 Bank Account to launder healthcare fraud proceeds from the shell companies, but also used the Airline-1 Bank Account to launder funds represented to be fraud proceeds in a series of sting transactions.  Between approximately June 2021 and February 2022, law enforcement, with the assistance of a confidential source (“CS-1”), conducted a series of sting money laundering transactions involving MIRSAIDOV, ABDULLAEV, and the Airline-1 Bank Account.  CS-1 asked ABDULLAEV to cash checks and transmit funds abroad and agreed to pay ABDULLAEV a four percent fee to do so.  ABDULLAEV told CS-1 a portion of the fee went to MIRSAIDOV.  During the transactions, CS-1 represented to ABDULLAEV that the funds were healthcare fraud proceeds.  Overall, CS-1 provided ABDULLAEV with 14 checks totaling $210,000 issued from a covert law enforcement account held in the name of a fictitious company.  MIRSAIDOV, working with ABDULLAEV, deposited 12 of the checks totaling $190,000 into the Airline-1 Bank Account.  CS-1 received cash from ABDULLAEV in exchange for the checks, and in one instance, ABDULLAEV coordinated the delivery of U.S. currency to an individual abroad in exchange for some of the checks.  During the course of these sting transactions, in a recorded conversation with CS-1, MIRSAIDOV admitted, in sum and substance, that he received many checks from ABDULLAEV and that MIRSAIDOV gave ABDULLAEV cash in exchange for the checks.  CS-1 informed MIRSAIDOV, in sum and substance, that the checks from CS-1 came from a medical company and that the company disguised the check payments in its financial reporting by claiming the check deposits were for business class flight tickets.  MIRSAIDOV nevertheless expressed a willingness to work directly with CS-1 to conduct check cashing using the Airline-1 Bank Account.       

Participants in the underlying healthcare fraud scheme who laundered their crime proceeds with the assistance of MIRSAIDOV and ABDULLAEV using the Airline-1 Bank Account have been charged by this Office in U.S. v. Tariverdi, et al, No. 24 Cr. 599 (JPO).

*                *                *

In addition to the prison sentence, MIRSAIDOV, 46, of Fort Lee, New Jersey, was ordered to pay forfeiture in the amount of $674,171.  ABDULLAEV, 39, of Brooklyn, New York, was sentenced to three years of supervised release and was ordered to pay forfeiture in the amount of $704,171.   

Mr. Kim praised the outstanding work of the Federal Bureau of Investigation. 

The case is being handled by the Office’s Illicit Finance and Money Laundering Unit.  Assistant U.S. Attorneys Cecilia Vogel, Christopher Brumwell, and Vladislav Vainberg are in charge of the prosecution.

New York City Resident Pleads Guilty to Operating Secret Police Station of the Chinese Government in Lower Manhattan

Source: US FBI

Defendant Admitted That He Conspired to Act as an Illegal Agent of the Chinese Government

BROOKLYN, NY – Today in federal court in Brooklyn, Manhattan resident Chen Jinping pleaded guilty to conspiring to act as an agent of the government of the People’s Republic of China (PRC), in connection with opening and operating an undeclared overseas police station in lower Manhattan for the PRC’s Ministry of Public Security (MPS).  Today’s proceeding was held before United States District Judge Nina R. Morrison. When sentenced, the defendant faces up to five years in prison.

Breon Peace, United States Attorney for the Eastern District of New York; Matthew G. Olsen, Assistant Attorney General of the Justice Department’s National Security Division; and James E. Dennehy, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.

“A priority of my Office has been to counteract the malign activities of foreign governments that violate our nation’s sovereignty by targeting local diaspora communities in the United States,” stated United States Attorney Peace.  “Today, a participant in a transnational repression scheme who worked to establish a secret police station in the middle of New York City on behalf of the national police force of the People’s Republic of China has pleaded guilty to conspiracy to act as an illegal agent.  We will continue our efforts to protect the rights of vulnerable persons who come to this country to escape the repressive activities of authoritarian regimes.”

“Today’s guilty plea holds the defendant accountable for his brazen efforts to operate an undeclared overseas police station on behalf of the PRC’s national police force — a clear affront to American sovereignty and danger to our community that will not be tolerated,” stated Assistant Attorney General Olsen.  “The Department of Justice will continue to pursue anyone who attempts to aid the PRC’s efforts to extend their repressive reach into the United States.”

“Today, Chen Jinping admitted to his role in audaciously establishing an undeclared police station in the heart of New York City and attempting to conceal the effort when approached by FBI New York,” stated FBI Assistant Director in Charge Dennehy. “This illegal police station was not opened in the interest of public safety, but to further the nefarious and repressive aims of the PRC in direct violation of American sovereignty. The FBI is unwavering in our duty to protect both the freedoms enshrined in the Constitution and the security of our nation from oppressive hostile governments.”

As alleged in court filings and facts presented at the plea proceeding, Chen Jinping and co-defendant Lu Jianwang conspired to act as illegal agents of the PRC government and also obstructed justice by destroying evidence of their communications with an MPS official (the MPS Official).  While acting under the direction and control of the MPS Official, the defendants worked together to establish the first known overseas police station in the United States on behalf of the Fuzhou branch of the MPS.  The police station—which closed in the fall of 2022—occupied an entire floor in an office building in Manhattan’s Chinatown.  Chen and Lu  helped open and operate the clandestine police station.  None of the participants in the scheme informed the U.S. government that they were helping the PRC government open and operate an undeclared MPS police station on U.S. soil.

In October 2022, the FBI conducted a judicially authorized search of the illegal police station.  In connection with the search, FBI agents interviewed both defendants and seized their phones.  In reviewing the contents of these phones, FBI agents observed that communications between the defendants, on the one hand, and the MPS Official, on the other, appeared to have been deleted.

Lu Jianwang has pleaded not guilty to the charges and is awaiting trial.

The government’s case is being handled by the Office’s National Security and Cybercrime Section.  Assistant United States  Attorneys Alexander A. Solomon and Antoinette N. Rangel are in charge of the prosecution, with assistance from Trial Attorney Scott A. Claffee of the National Security Division’s Counterintelligence and Export Control Section.

The FBI has created a website for victims to report efforts by foreign governments to stalk, intimidate, or assault people in the United States.  If you believe that you are or have been a victim of transnational repression, please visit https://www.fbi.gov/investigate/counterintelligence/transnational-repression.

The Defendant:

CHEN JINPING
Age: 60
Manhattan, New York

E.D.N.Y. Docket No. 23-CR-316 (NRM)

‘Incognito’ Market Owner Pleads Guilty for Operating One of the Largest Illegal Narcotics Marketplaces on the Internet

Source: US FBI

Rui-Siang Lin Used the Identity of “Pharoah” to Operate Incognito Market, Which Sold More Than $100 Million of Illegal Narcotics to Customers Around the World

Edward Y. Kim, the Acting United States Attorney for the Southern District of New York, announced today that RUI-SIANG LIN, a/k/a “Ruisiang Lin,” a/k/a “林睿庠,” a/k/a “Pharoah,” a/k/a “faro,” pled guilty to narcotics conspiracy, money laundering, and conspiracy to sell adulterated and misbranded medication in connection with LIN’s operation and ownership of “Incognito Market,” an online dark web narcotics marketplace that enabled its users to buy and sell illegal narcotics anonymously around the world. LIN pled guilty today before U.S. District Judge Colleen McMahon and is scheduled to be sentenced on March 27, 2025.

Acting U.S. Attorney Edward Y. Kim said: “Rui-Siang Lin led a prolific online narcotics bazaar that sold more than $100 million of narcotics around the world.  While Lin profited millions of dollars from his sophisticated scheme, the community suffered.  Lin and his “Incognito Market” exacerbated the opioid and fentanyl crisis and put the community in danger.  Lin now faces a lengthy term in prison.”

According to the allegations contained in the Indictment, Complaint, and statements made in public filings and in public court proceedings:

Incognito Market was an online narcotics bazaar that existed on the dark web.  Incognito Market formed in October 2020.  Since that time, and through its closing in March 2024, Incognito Market sold more than $100 million of narcotics — including hundreds of kilograms of cocaine and methamphetamines.  Incognito Market was available globally to anyone with internet access and could be accessed using the Tor web browser on the “dark web” or “darknet.”  LIN operated the Incognito market under the online pseudonym “Pharoah” or “faro.”  As “Pharoah” — the leader of Incognito market — LIN supervised all of its operations, including its employees, vendors, and customers, and had ultimate decision-making authority over every aspect of the multimillion-dollar operation.

Incognito Market was designed to foster seamless narcotics transactions across the internet and across the world and incorporated many features of legitimate e-commerce sites such as branding, advertising, and customer service.  Upon visiting the site, users were met by a splash page and graphic interface, which is pictured below:

After logging in with a unique username and password, users were able to search thousands of listings for narcotics of their choice.  Incognito Market sold illegal narcotics and misbranded prescription medication, including heroin, cocaine, LSD, MDMA, oxycodone, methamphetamines, ketamine, and alprazolam. An example of listings on Incognito market is below:

Listings included offerings of prescription medication that was advertised as being authentic but was not.  For example, in November 2023, an undercover law enforcement agent received several tablets that purported to be oxycodone, which were purchased on Incognito Market.  Testing on those tablets revealed that they were not authentic oxycodone at all and were, in fact, fentanyl pills.

Each listing on Incognito Market was sold by a particular vendor.  To become an Incognito Market vendor, each vendor was required to register with the site and pay an admission fee.  In exchange for listing and selling narcotics as a vendor on Incognito Market, each vendor paid 5% of the purchase price of every narcotic sold to Incognito Market. That revenue funded Incognito Market’s operations, including paying “employee” salaries and for computer servers.  LIN collected millions of dollars of profits from Incognito.  To facilitate these financial transactions, Incognito Market had its own “bank,” which allowed its users to deposit cryptocurrency on the site into their own “bank accounts.” After a narcotics transaction was completed, cryptocurrency from the buyer’s “bank account” was transferred to the seller’s “bank account,” less the 5% fee that Incognito collected.  The bank enabled buyers and sellers to stay anonymous from each other.  The bank’s graphic interface is pictured below:

On March 12, 2020, before Incognito Market launched, LIN emailed himself a rough diagram of a darknet marketplace.  That diagram, which is pictured below, contains features consistent with the operation of Incognito Market.

*                *                *

RUI-SIANG LIN, 23, of Taiwan, pled guilty to one count of narcotics conspiracy, which carries a mandatory minimum sentence of 10 years in prison and a maximum potential sentence of life in prison; one count of money laundering, which carries a maximum potential sentence of 20 years in prison; and one count of conspiracy to sell adulterated and misbranded medication, which carries a maximum potential sentence of five years in prison.

The statutory minimum and maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Mr. Kim praised the investigative work of the Federal Bureau of Investigation, Homeland Security Investigations, the Drug Enforcement Administration, the U.S. Food and Drug Administration Office of Criminal Investigations, and the New York City Police Department.  

This effort is part of an Organized Crime Drug Enforcement Task Forces (“OCDETF”) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the U.S. using a prosecutor-led, intelligence-drive, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant U.S. Attorneys Ryan B. Finkel and Nicholas Chiuchiolo are in charge of the prosecution.

Bronx Tax Preparer Pleads Guilty to Filing Tens of Thousands of False Tax Returns Causing $145 Million in Fraudulent Tax Loss

Source: US FBI

Rafael Alvarez Perpetrated and Oversaw One of the Largest Ever Tax Frauds by a Return Preparer

Edward Y. Kim, the Acting United States Attorney for the Southern District of New York, announced today the guilty plea of RAFAEL ALVAREZ, a/k/a “the Magician,” to a two-count Superseding Information charging ALVAREZ with one count of conspiracy to defraud the U.S. and steal government funds and one count of aiding and assisting in the preparation of a false and fraudulent U.S. individual income tax return.  The charges arise from ALVAREZ’s orchestration of a decade-long, $145 million tax fraud scheme to file tens of thousands of federal individual income tax returns that included false information designed to fraudulently reduce the individuals’ tax burden.  As part of today’s guilty plea, Alvarez agreed to pay the Internal Revenue Service (“IRS”) $145 million in restitution and forfeit over $11.84 million in fraudulent proceeds he received from his criminal conduct.  ALVAREZ pled guilty today before U.S. District Judge J. Paul Oetken.

Acting U.S. Attorney Edward Y. Kim said: “Rafael Alvarez became known as ‘the Magician’ by his customers for his supposed ability to make their tax burden disappear.  But, as today’s guilty plea shows, there was no magic to what Alvarez was doing – he was committing a serious federal crime by falsifying tens of thousands of tax returns and, in the process, depriving the IRS of $145 million in tax revenue.  Today’s guilty plea, in one of the largest ever tax frauds by a return preparer, should serve as an important reminder to tax professionals that this Office will vigorously investigate and prosecute tax offenses.”

As alleged in the Indictment and Superseding Information and statements made in public filings and court proceedings:

From at least in or about 2010, up to and including in or about 2020, ALVAREZ was the CEO, owner, and manager of ATAX New York, LLC, also doing business as ATAX New York-Marble Hill, ATAX Marble Hill, ATAX Marble Hill NY, and ATAX Corporation (together, “ATAX”).  ATAX was a high-volume tax preparation company located in the Bronx, New York, which prepared approximately 90,000 federal income tax returns for its customers during this period.  ALVAREZ both prepared tax returns for ATAX customers and recruited, supervised, and directed other ATAX personnel who in turn prepared tax returns for customers.  During this period, ALVAREZ oversaw a sweeping fraudulent scheme, whereby he and his employees submitted false information to the IRS in ATAX customers’ tax returns. This false information, which included, among other things, bogus itemized tax deductions, made-up capital losses, phony business expenses, and fraudulent tax credits, served to fraudulently reduce the customers’ tax liability and increase the customers’ tax refunds from the IRS.

In total, ALVAREZ oversaw ATAX’s fraudulent submission of tax returns on behalf of customers that deprived the IRS of $145 million in tax revenue.  ALVAREZ was so consistent at falsifying ATAX customer tax returns that he became known to ATAX’s customers as “the Magician.”  Additionally, ALVAREZ agreed as part of his plea agreement that he was a leader of the scheme and attempted to obstruct or impede the administration of justice with respect to the investigation of the tax fraud scheme when he and an ATAX employee made false statements to an IRS Revenue Agent.  ALVAREZ’s operation of ATAX helped the company generate approximately $12 million in fraudulent proceeds over the duration of the fraud.

*                *                *

ALVAREZ, 61, of Cortland Manor, New York, pled guilty to one count of conspiracy to defraud the U.S. and steal government funds, which carries a maximum sentence of five years in prison, and one count of aiding and assisting in the preparation of a false and fraudulent U.S. individual income tax return, which carries a maximum sentence of three years in prison.  ALVAREZ is scheduled to be sentenced by Judge Oetken on April 11, 2025.   

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Kim praised the outstanding investigative work of the IRS, Criminal Investigation, the Federal Bureau of Investigation, and the Treasury Inspector General for Tax Administration in this case.

This case is being handled by the Office’s Illicit Finance and Money Laundering Unit.  Assistant U.S. Attorney David R. Felton is in charge of the prosecution.