South Carolina Man Pleads Guilty to Federal Charges in Connection with the Murder of New Mexico State Police Officer

Source: US FBI

ALBUQUERQUEJaremy Smith pleaded guilty today to multiple federal charges in a plea agreement that will result in a federal sentence of life without the possibility of parole.

According to court documents, it is alleged that on March 13, 2024, Smith forcibly abducted a woman from her home in South Carolina, transported her in a stolen vehicle, and fatally shot her with a handgun that he had stolen from her roommate prior to the crime. After committing the murder, Smith fled across state lines to evade prosecution, traveling through Georgia, Alabama, Mississippi, Louisiana, and Texas before entering New Mexico.

On March 15, 2024, in Quay County, New Mexico, Smith fatally shot New Mexico State Police Officer Justin Hare after Officer Hare stopped to assist him with a flat tire. Smith then stole Officer Hare’s police cruiser with the wounded officer inside, driving for several minutes before abandoning the vehicle and the critically injured Officer Hare on a remote road. Officer Hare succumbed to his injuries at a hospital later that morning.

Law enforcement immediately launched a coordinated effort across multiple jurisdictions to locate Smith, and his name and photograph were widely disseminated by media news outlets. Smith was apprehended in Albuquerque on March 17, 2024, by deputies from the Bernalillo County Sheriff’s Office after a gas station employee recognized Smith and contacted law enforcement.

“A life sentence for a life taken does not make our community whole. But the best way to honor Justin Hare’s life is to take care of each other,” said U.S. Attorney Alexander Uballez. “Today, I commit myself to the people of New Mexico. In the memory of a brave State Police officer whose final act was to help another. In honor of the hundreds of law enforcement officers who worked around the clock to protect this community and do justice for their fallen brother. And in the footsteps of the gas station clerks, everyday citizens, who bravely did the right thing in the face of clear and present danger. It is time for us all to join these strangers who did the right thing for people they never met.”

“All too often, first responders are called upon to sacrifice their lives to protect their communities. Smith’s actions have had a devastating, life-long impact on the victim’s families,” said Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office. “The FBI will continue to work with our partner agencies to use all available resources to make sure that violent and dangerous criminals are pursued to the fullest extent of the law.”

“Officer Hare’s sacrifice exemplifies the unwavering courage of law enforcement.,” said NM DPS Secretary Jason R. Bowie. “This plea underscores our commitment to justice through relentless collaboration across state lines.”

“Officer Justin Hare and Ms. Machado-Fore were tragically killed by Jaremy Smith. While nothing can undo this heartbreaking loss, today offers a measure of justice for their friends and family,” said Troy Weisler, Chief of the New Mexico State Police. “Thanks to the efforts of our law enforcement partners and the support of the community, Jaremy Smith will never again take a breath as a free man, and that is as it should be.”

Smith pled guilty to five counts, including carjacking resulting in death, using and carrying a firearm during a crime of violence, kidnapping resulting in death, being a prohibited person in possession of a firearm, and possession of a stolen firearm.

Smith will remain in custody pending sentencing, which has not yet been scheduled. At sentencing, Smith faces a mandatory life sentence without the possibility of parole.   As part of the plea agreement, Smith agreed that the appropriate sentence was lifetime incarceration without the possibility of parole.

The Department of Justice has previously determined that it will not seek the death penalty for Smith for the incidents that occurred in New Mexico.

U.S. Attorney Alexander M.M. Uballez for the District of New Mexico and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The FBI Albuquerque Field Office and New Mexico State Police investigated this case with assistance from the Tenth Judicial District Attorney’s Office and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorneys Paul Mysliwiec and Jack Burkhead are prosecuting the case.

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U.S. Attorney’s Office Secures 25-Year Sentence for Farmington Man in Fatal Shooting Case

Source: US FBI

ALBUQUERQUE – A Farmington man has been sentenced to 25 years in prison for the 2021 murder of one woman and the serious injury of another on the Navajo Nation.

According to court documents, on September 5, 2021, Hanson Tsosie, 34, an enrolled member of the Navajo Nation, used a 12-gauge shotgun to fire multiple rounds into a group of individuals gathered around a tree in the yard of a residence near Nenahnezad, New Mexico, killing one woman and seriously injuring another.

Neither woman posed any threat to Tsosie; they were simply innocent bystanders caught in the crossfire of his violent actions. After the shooting, Tsosie fled approximately 46.1 miles to dispose of the vehicle he had been driving.

Upon his release from prison, Tsosie will be subject to five years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorneys Mark A. Probasco and Matthew J. McGinley is prosecuting the case.

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Bergen County Woman Charged with Destroying Cell Phone to Obstruct Federal Investigations Into Her Husband and Herself

Source: US FBI

NEWARK, N.J. – A Bergen County, New Jersey, woman was charged with destruction of records in a federal investigation, U.S. Attorney Philip R. Sellinger announced today.

Jennifer Iturralde Pina, 43, of Franklin Lakes, New Jersey, is charged by complaint with one count of destruction of records. Iturralde appeared today before U.S. Magistrate Judge André M. Espinosa in Newark federal court and was released on $200,000 bond.

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

On Oct. 16, 2023, Iturralde’s husband, Cesar Humberto Pina, aka “Flipping NJ,” also of Franklin Lakes, was charged in the District of New Jersey with wire fraud in connection with a real estate investment fraud scheme. After Pina’s release on bond, Iturralde learned that the government received evidence from a witness related to Pina’s case. Shortly thereafter, Iturralde asked a friend to tell the witness to stop assisting the Government.

In early March 2024, the government obtained search warrants for two of Iturralde’s phones – which the government believed Iturralde used in connection with the real estate fraud scheme and the attempt to discourage the witness from assisting the government – and one phone belonging to the friend. On March 3, 2024, Iturralde tried, unsuccessfully, to hide one of her phones at the friend’s home. On March 5, 2024, the friend’s family member called to tell Iturralde that law enforcement had just seized the friend’s phone. Shortly thereafter, as law enforcement knocked on Iturralde’s door to execute the warrant to seize her phones, Iturralde destroyed one of the phones.

The destruction of records charge carries a maximum sentence of 20 years in prison and a fine of up to $250,000 or twice the gross gain or loss from the offense.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Acting Special Agent in Charge Nelson I. Delgado in Newark; special agents of the IRS–Criminal Investigation, under the direction of Special Agent in Charge Jenifer L. Piovesan; postal inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge in Christopher A. Nielsen; and special agents of the U.S. Attorney’s Office for the District of New Jersey, under the direction of Special Agent in Charge Thomas Mahoney, with the investigation.

The government is represented by Assistant U.S. Attorney Mark Pesce, Carolyn Silane, and Aaron Webman of the Economic Crimes Unit in Newark.

The charge and accusations against both Iturralde and Pina are merely allegations, and the defendants are presumed innocent unless and until proven guilty.

Father and Son Owners of Florida Marketing and Medical Device Companies Charged with $28 Million Health Care Fraud and Kickback Scheme

Source: US FBI

NEWARK, N.J. – Two Florida men were arraigned today on charges relating to their roles in a multimillion-dollar durable medical equipment (DME) and prescription drug health care fraud and kickback scheme, Attorney for the United States Vikas Khanna announced.

Nicholas A. Alberino, 61, of Boca Raton, Florida, and his son, Nicholas P. Alberino, 34, of Parkland, Florida, are each charged in a seven-count indictment with conspiracy to commit health care fraud and wire fraud, wire fraud, conspiracy to violate the federal Anti-Kickback Statute, and four counts of violating the Anti-Kickback Statute. The defendants were each arraigned today before U.S. District Judge Esther Salas in Newark federal court, and each pleaded not guilty.

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

From February 2018 to April 2019, the Alberinos operated five Florida companies, each of which generated medically unnecessary prescriptions for certain expensive medications as well as DME such as orthotic braces through a telemarketing and telemedicine scheme. The Alberinos specifically sought to identify and target Medicare beneficiaries. Call centers contacted the beneficiaries by telephone and pressured them to accept the expensive medications and DME. The Alberinos then transmitted the beneficiaries’ personal information, as well as pre-written doctor’s orders and prescriptions, to RediDoc LLC, a purported telemedicine company.  The Alberinos pre-selected prescription medications and DME for beneficiaries based on the potential for high reimbursement payments from insurance payers such as Medicare, and not based on the beneficiaries’ medical needs.

RediDoc, in turn, sent the information and documents the Alberinos provided to doctors.  The doctors then typically signed the prescriptions despite not having any contact with the patients or conducting a bona fide assessment of the patients’ medical needs from which the doctors could have deemed that it was medically necessary to order the DME or medications.  Once the doctors signed the prescriptions, the Alberinos directed RediDoc to steer them to third parties with which the Alberinos had illicit kickback and bribe arrangements. DME suppliers and pharmacies ultimately fulfilled these fraudulent orders and submitted claims for reimbursement to health care benefit programs, including Medicare. The Alberinos also fulfilled fraudulent orders using DME supply companies that they owned and controlled.

The Alberinos paid over $6 million in kickbacks and bribes to RediDoc in exchange for the fraudulent orders and received over $27 million in kickbacks and bribes from third parties in return for fraudulent orders. The Alberinos also received over $1.7 million from Medicare for fraudulent claims that they submitted directly to Medicare through DME supply companies they owned and controlled. Medicare ultimately paid at least $27 million to DME suppliers and pharmacies based on the fraudulent orders that originated with the Alberinos.

The health care fraud and wire fraud conspiracy count and wire fraud count each carry a maximum potential penalty of 20 years in prison. The charge of conspiracy to violate the Anti-Kickback Statute carries a maximum potential penalty of five years in prison. The four counts of violating the Anti-Kickback Statute are each punishable by 10 years in prison. Each of the seven counts in the indictment is also punishable by a fine of $250,000, or twice the gain or loss from the offense, whichever is greatest.

Attorney for the United States Khanna credited special agents of the U.S. Department of Health and Human Services Office of Inspector General, under the direction of Special Agent in Charge Naomi Gruchacz, the U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office, under the direction of Special Agent in Charge Patrick J. Hegarty, and the FBI, under the direction of Acting Special Agent in Charge Nelson I. Delgado in Newark, with the investigation.

The government is represented by Assistant U.S. Attorneys Katherine M. Romano and Garrett J. Schuman of the Health Care Fraud Unit in Newark.

The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Father and Son From New Jersey Arrested for Actions During January 6 Capitol Breach

Source: US FBI

        WASHINGTON — Two men from New Jersey have been arrested on various felony and misdemeanor charges stemming from 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.

        Richard Andrews, 72, of Brick, New Jersey, is charged in a criminal complaint filed in the District of Columbia with a felony offense of assaulting, resisting, or impeding certain officers and obstruction of law enforcement during a civil disorder. In addition to the felonies, Richard Andrews is charged with misdemeanor offenses of knowingly entering or remaining in any restricted building or grounds without lawful authority, disorderly and disruptive conduct in a restricted building or grounds and disorderly conduct in a capitol building.

        Also charged is Keith Andrews, 49, of Howell, New Jersey. Keith Andrews is charged with misdemeanor offenses of knowingly entering or remaining in any restricted building or grounds without lawful authority, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in any of the Capitol buildings.

        The FBI arrested the two men on Oct. 29, 2024, in New Jersey, and they will make their initial appearance in the District of New Jersey.

        According to court documents, on Jan. 6, 2021, Richard and Keith Andrews attended the “Stop the Steal” rally at the Ellipse in Washington, D.C., before proceeding to the restricted Capitol grounds. Richard Andrews wore a black zip-up jacket, blue tee, and gray knit skull cap, while Keith Andrews was dressed in a dark gray hoodie, black tee with white lettering, jeans, dark sneakers, and a camouflage “Trump 2020” hat. Keith also carried a camouflage backpack.

        Upon arriving at the Capitol, the two men ascended the north scaffolding to reach the Upper West Terrace. At approximately 2:49 p.m., it is alleged that Keith Andrews entered the Capitol through a window near the Senate Wing Door as Capitol Police struggled to hold back the crowd. Keith then momentarily exited, encouraging others to enter, and reentered minutes later. While inside, Keith stayed in the Senate Wing hallway for ten minutes, encouraging additional rioters to come in before leaving the building himself temporarily.

        Keith Andrews then reentered the Capitol at about 3:01 p.m., making his way to the Crypt while using his phone. He allegedly remained inside for approximately twelve minutes before exiting at 3:13 p.m. Shortly after, police efforts to secure the Senate Wing intensified, including by closing the shutters on the window Keith had used to enter the building.

        Later, at about 3:16 p.m., it is alleged that Richard Andrews threw a chair through the closed shutters, reopening them and striking an officer in the process.

        Minutes later, Keith allegedly reentered the Capitol a third time, engaging in a brief dispute with officers trying to clear the building before exiting by 3:20 p.m. Later that afternoon, as officers tried to remove rioters from the Upper West Terrace, Richard Andrews shoved a police officer on the head. In response, officers deployed a chemical agent, causing Richard to retreat into the crowd.

        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 District of New Jersey.

        This case is being investigated by the FBI’s Newark and Washington Field Offices. Richard Andrews was identified as BOLO (Be on the Lookout) # 446 on the FBI’s seeking information images. Valuable assistance was provided by the United States 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.

Essex County Man Indicted for Gunpoint Pharmacy Robbery

Source: US FBI

NEWARK, N.J. – An Essex County, New Jersey, man was arraigned today on charges related to his role in a December 2023 gunpoint robbery of a pharmacy in Livingston, New Jersey, U.S. Attorney Philip R. Sellinger announced.

Nariq Petes, 26, of Newark, was charged on Oct. 11, 2024, in a three-count indictment with conspiracy to commit Hobbs Act robbery, Hobbs Act robbery, and brandishing a firearm during and in relation to a crime of violence. He was arraigned today before U.S. District Judge William J. Martini in Newark federal court, entered a plea of not guilty and was detained,

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

On Dec. 30, 2023, Petes and a conspirator drove together to a pharmacy and entered the pharmacy wearing black masks. Once inside the pharmacy, Petes brandished a handgun and demanded prescription drugs. Petes and his conspirator took at least six bottles of prescription medication.

The conspiracy to commit Hobbs Act robbery and Hobbs Act robbery counts each carry a statutory maximum penalty of 20 years in prison and a $250,000 fine, or twice the gain or loss from the offense. The count of using, carrying, and brandishing a firearm during a crime of violence carries a mandatory minimum sentence of seven years in prison and a maximum potential penalty of life in prison. The sentence on this charge must be consecutive to any other sentence imposed.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Acting Special Agent in Charge Nelson I. Delgado, and members of the Livingston Police Department, under the direction of Police Chief Gary Marshuetz, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney Sam Thypin-Bermeo of the OCDETF/Narcotics Unit in Newark.

The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Ocean County Man Sentenced to Two Years in Prison for Money Laundering

Source: US FBI

NEWARK, N.J. – An Ocean County, New Jersey, man was sentenced today to 24 months in prison for illegally laundering the proceeds of a wire fraud scheme, U.S. Attorney Philip R. Sellinger announced. 

Eli Schamovic, 43, of Lakewood, New Jersey, previously pleaded guilty before U.S. District Judge Kevin McNulty to an information charging him with money laundering. U.S. District Judge Susan D. Wigenton imposed the sentence today in Newark federal court.

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

Schamovic made or caused others to make numerous fraudulent financial transactions through at least two entities that Schamovic formed and established as merchants that used multiple credit card processing companies. These transactions resulted in more than $1 million in losses to a multinational financial services corporation that specialized in payment cards. Schamovic laundered portions of the proceeds of this scheme, including through an approximately $500,000 wire transfer from a bank account under his control.

In addition to the prison term, Judge Wigenton sentenced Schamovic to three years of supervised release and ordered restitution of $1.68 million.

U.S. Attorney Sellinger credited postal inspectors with the U.S. Postal Inspection Service in Newark, under the direction of Inspector in Charge Christopher A. Nielsen, Philadelphia Division; special agents of the FBI, under the direction of Acting Special Agent in Charge Nelson I. Delgado in Newark, and special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Jenifer L. Piovesan Newark, with the investigation leading to the sentencing.

The government is represented by Assistant U.S. Attorney Andrew Kogan of the U.S. Attorney’s Office Cybercrime Unit in Newark. 

Reno Man Sentenced to 10 Years in Prison for Dealing Large Amount of Methamphetamine

Source: US FBI

RENO, Nev. – A Reno man was sentenced yesterday by United States District Chief Judge Miranda M. Du to 10 years in prison followed by five years of supervised release for distributing a large amount of methamphetamine.

James Raymond Ellis, 53, also known as “Jimbo,” pleaded guilty in December 2022 to possession with intent to distribute a controlled substance.

According to court documents and statements made in court, between May and June 2021, Ellis sold over 4 pounds of methamphetamine and 5 firearms, including an AR-15, to confidential informants. On August 20, 2021, law enforcement seized approximately 12 pounds of methamphetamine from Ellis’ residence. The Northern Nevada Safe Streets Task Force arrested him that day in Reno. When Ellis was taken into custody, he had a 9mm pistol in his vehicle. Ellis has a prior felony conviction in Nevada for possession of a chemical with intent to manufacture a controlled substance, and he is prohibited by law from possessing firearms.

United States Attorney Jason M. Frierson for the District of Nevada and Special Agent in Charge Spencer L. Evans for the FBI made the announcement.

This case was investigated by the Northern Nevada Safe Streets Task Force, which is comprised of members from the FBI, Reno Police Department, Nevada State Police, Nevada Gaming Control Board, Douglas County Sheriff’s Office, Carson City Sheriff’s Office, and the Nevada Department of Corrections. Assistant U.S. Attorney Andolyn Johnson prosecuted the case.

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

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Las Vegas Man Sentenced to More Than 11 Years in Prison for Bank Robbery Spree

Source: US FBI

LAS VEGAS – A Las Vegas man was sentenced yesterday by U.S. District Judge Jennifer A. Dorsey to 135 months in prison followed by three years of supervised release for committing a spree of bank robberies on the same day.

Jasmine Bernard Austion (35) pleaded guilty in January 2023 to three counts of bank robbery.

According to court documents, on October 26, 2021, Austion entered a bank in North Las Vegas and passed a note to the teller. The note read “$20,000 all money robbery got gun now.” Bank employees told Austion they were calling 911 and he fled the bank. He then ran across the street and entered a second bank. He pushed an elderly customer away from a teller window and demanded money from the teller. The teller refused and Austion fled from the bank. A short time later, Austion entered a third bank and passed a note to a teller. The note read “I will harm people all money all drawers.” After the teller refused to give Austion money, he banged a fire extinguisher against the barrier in an attempt to break into the teller area. Las Vegas Metropolitan Police Department SWAT responded and arrested Austion.

United States Attorney Jason M. Frierson for the District of Nevada and Special Agent in Charge Spencer L. Evans for the FBI made the announcement.

The FBI, the Las Vegas Metropolitan Police Department, and the North Las Vegas Police Department investigated the case. Assistant United States Attorney Bianca Pucci prosecuted the case.

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Nevada Man Sentenced for Assaulting Officers During January 6 Capitol Breach

Source: US FBI

Defendant Threw Objects at Officers, Using Makeshift Weapons, And Damaged Exterior Window

            WASHINGTON — A Nevada man was sentenced today for assaulting law enforcement officers with a dangerous weapon during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes related to the presidential election.

            Josiah Kenyon, 35, of Winnemucca, Nevada, was sentenced to 72 months in prison, 36 months of supervised release, and was ordered to pay $43,315.25 in restitution. Kenyon pleaded guilty to two felonies – assaulting a law enforcement officer with a dangerous weapon and assaulting a law enforcement officer with a dangerous weapon resulting in bodily injury – on September 14, 2022, before U.S. District Court Judge Carl J. Nichols, in the District of Columbia.

            According to court documents, Kenyon was illegally in the Capitol Building from approximately 2:53 p.m. until 3:18 p.m., near a Senate Wing door and the Crypt. Kenyon was wearing a “Jack Skellington” costume, based on a character from the movie, “The Nightmare Before Christmas.” While outside the Capitol Building, he and others damaged an exterior window, causing more than $40,000 in damage. Kenyon first attempted to break the window with a closed fist, and then used a flagpole to hit the window.

            Between approximately 4:54 p.m. and 5:04 p.m., Kenyon was outside in the Lower West Terrace area. While there, he used a variety of objects to assault officers in the tunnel leading into the Capitol. He threw a large plastic pylon towards officers, striking one officer’s riot shield. He also struck officers with what appeared to be a table leg. He hit one officer in the leg, causing the officer to fall to the ground; the officer suffered pain and swelling to his right ankle. He then hit another officer in the head, with the table leg momentarily lodged between that officer’s helmet and face shield.

            Kenyon was arrested on Dec. 1, 2021, in Reno, Nevada.

            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 District of Nevada.

            The case was investigated by the FBI Las Vegas Field Office – Reno Resident Agency, and the FBI’s Washington Field Office, which identified Kenyon as #94 in its seeking information photos. Valuable assistance was provided by the FBI Los Angeles Field Office – West Covina Resident Agency, the Washoe County Sheriff’s Office, Reno, Nevada, the Metropolitan Police Department, the Metro Transit Police Department, and the U.S. Capitol Police.

            In the 27 months since Jan. 6, 2021, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 320 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

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