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Source: United States Department of Justice Criminal Division

Otilio Rodriguez Toledo and Alicia Aispuro Hernandez, husband and wife from Thermal, California, were sentenced today for conspiring to smuggle and distribute Mexican pesticides and veterinary drugs that are not approved for use in the United States. Toledo was sentenced to five months in prison followed by 24 months of supervised release. Hernandez was sentenced to time served followed by 18 months of supervised release. Both were ordered to jointly pay $2.19 million in forfeiture.

“This case reflects our commitment to defend our southern border against those who traffic in unlawful substances that jeopardize the health and safety of Americans,” said Acting Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division (ENRD). “The Justice Department will hold accountable those who violate our environmental and customs laws, and we will ensure that they do not profit from their crimes.”   

“Selling illegal pesticides and veterinary drugs endangers people, animals, and the environment,” said U.S. Attorney Adam Gordon for the Southern District of California. “Our office will continue to prosecute those individuals who disregard the dangerous consequences of their illegal smuggling.”

“Today’s sentencing sends a clear message that we will not tolerate the smuggling of unregistered pesticides. Defendants smuggled unregistered pesticides that are toxic to bees, and to humans,” said Deputy Assistant Administrator for Management Cecil Rodrigues of the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “Defendants deliberately put people at risk for their own profit and are now being held accountable for their egregious actions.”

“The FDA regulates animal drugs as part of its mission to protect the public health, which includes ensuring that prescription animal drugs are lawfully distributed and dispensed pursuant to a valid prescription,” said Acting Special Agent in Charge Wade Moon of the Food and Drug Administration (FDA) Office of Criminal Investigations, Kansas City Field Office. “We will continue to pursue and bring to justice those who distribute prescription animal drugs unlawfully.”

“There is a reason customs laws exist particularly when pesticides and chemicals are attempting to make their way into our country to potentially wreak havoc on our environment and potentially make people seriously ill,” said Special Agent in Charge Shawn Gibson for HSI San Diego. “Success of this investigation is directly attributed to the cooperation of multiple law enforcement agencies working together to ensure uncommon illegal substance don’t make their way into our nation causing irrecoverable damage.”

According to filings and evidence presented in court, since at least December 2018, Toledo and Hernandez had engaged in smuggling pesticides and veterinary drugs from Mexico into the United States and then distributing them in the United States. The pesticides involved were primarily Taktic and Bovitraz, which are not registered with the Environmental Protection Agency (EPA) for use in the United States. The smuggled veterinary drugs included Tetragent Aves, Metabolase, Terramicina, Cipio Vet, Baytril Max, Tylovet, Caterrol, Penicilina, and Tylosma, which are not approved by the FDA for use in the United States.

The smuggled pesticides and veterinary drugs were brought into the United States through the Calexico Port of Entry in Imperial County, California, and placed in storage units near the border. Smugglers would then send photographs of the products at the storage units as proof of delivery. These defendants would then pick up the products from the storage units and distribute them to others within the United States.

According to the EPA, the active ingredient in the pesticides Taktic and Bovitraz is amitraz, which is toxic to bees if released into hives, and then ultimately to humans when it ends up in honey, honeycomb, and beeswax. Misuse of amitraz-containing products in beehives can result in exposures that could cause neurological effects and possibly reproductive effects in humans from the consumption of contaminated honey. Signs of neurotoxicity from exposure to amitraz have been documented in multiple animal species and include central nervous system depression, decrease in pulse rate, and hypothermia.

The EPA, FDA, and HSI investigated the case.

Assistant Section Chief Stephen Da Ponte of ENRD’s Environmental Crimes Section and Assistant U.S. Attorney Sean Van Demark for the Southern District of California prosecuted the case. 

Source: United States Department of Justice Criminal Division

This week, the Justice Department announced that the U.S. District Court for the Eastern District of Virginia granted its motion to terminate a 1978 consent decree governing police and firefighter employment in Norfolk, Virginia.

The consent decree settled the Department’s lawsuit, filed the same year, that alleged the City’s Police and Fire Departments unlawfully discriminated against blacks and females in its employment practices, in violation of Title VII of the Civil Rights Act of 1964. The City did not oppose the Justice Department’s motion.

“Local communities must be able to choose firefighters and police officers based on skill and dedication to public safety – not to meet DEI quotas imposed by federal courts and the federal government,” said Attorney General Pamela Bondi. “Thanks to this Department of Justice, the City of Norfolk’s first responder hiring will finally be free from federal micromanagement for the first time in almost 50 years.”

“Nearly half a century after it was entered, the Decree is no longer necessary or legally justifiable as a temporary measure to remedy employment discrimination that may have occurred long ago,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “The City fully complied with the decree in its hiring, recruitment, and other employment matters, and the federal government should release supervision and return control to local authorities.”

The full and fair enforcement of Title VII is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt/.

Source: United States Department of Justice Criminal Division

The United States announced today that it has taken into custody 26 fugitives from Mexico facing a range of federal and state criminal charges from around the country, including charges relating to drug-trafficking, hostage-taking, kidnapping, illegal use of firearms, human smuggling, money laundering, the murder of a sheriffs’ deputy, and other crimes. Among the fugitives taken into U.S. custody today are leaders and managers of dangerous drug cartels, such as those designated as Foreign Terrorist Organizations and Specially Designated Global Terrorists, including the Sinaloa Cartel, Cártel de Jalisco Nueva Generación (CJNG), and Cártel del Noreste (formerly Los Zetas). These fugitives are collectively alleged to have imported into the United States tonnage quantities of dangerous drugs, including cocaine, methamphetamine, fentanyl, and heroin.

“Today is the latest example of the Trump administration’s historic efforts to dismantle cartels and foreign terrorist organizations,” said Attorney General Pamela Bondi. “These 26 men have all played a role in bringing violence and drugs to American shores — under this Department of Justice, they will face severe consequences for their crimes against this country. We are grateful to Mexico’s National Security team for their collaboration in this matter.”  

Included in today’s transfer are the following fugitives:

• Abigael Gonzalez Valencia also known as “Cuini” – is one of the leaders of Los Cuinis, a major Mexican drug cartel responsible for trafficking multiple tons of cocaine from South America, through Mexico, into the United States.
• Kevin Gil Acosta and Martin Zazueta Perez – According to court documents, Gil Acosta and Zazueta Perez are leaders of the security apparatus for the Chapitos, a powerful faction of the Sinaloa Cartel that engages in prolific fentanyl trafficking. Both men have led sicarios armed with military-style weapons – such as AK-47s, M-16s, AR-15s, and grenade launchers – in attacks on Mexican government and military officials. Gil Acosta leads sicarios tasked with protecting fentanyl labs and distribution routes while Zazueta Perez provides personal security for a leader of the Chapitos.
• Abdul Karim Conteh, a national of Sierra Leone, allegedly led a human smuggling organization that smuggled thousands of migrants to the United States through Mexico. These smuggled migrants originated from countries around the world, including Iran, Afghanistan, Uzbekistan, Pakistan, Kazakhstan, Turkey, Somalia, Cameroon, Senegal, Mauritania, Ethiopia, Egypt, and others. The migrants paid smuggling fees, often tens of thousands of dollars. Conteh allegedly oversaw the migrants’ unlawful entry into the United States by various surreptitious and unlawful means, including the use of ladders and tunnels.
• Leobardo Garcia Corrales is believed to be an important figure in the Sinaloa Cartel who has trafficked kilogram quantities of fentanyl into the United States, sometimes in exchange for military-grade weapons such as AK-47s, grenades, and submachine guns. He claims to be close friends and associates with Joaquín Archivaldo Guzmán Loera, aka “El Chapo.”
• Luis Raul Castro Valenzuela also known as “Chacho,” a member of the Sinaloa Cartel, has been charged with kidnapping and holding hostage a U.S. citizen.
• Juan Carlos Felix Gastelum also known as “El Chavo Félix,” a major Sinaloa Cartel cell leader and son-in-law to former Sinaloa Cartel leader Ismael “El Mayo” Zambada, is alleged  to be a principal operator of the Sinaloa Cartel’s clandestine methamphetamine manufacturing laboratories located in the Sierra Madre Mountains of Sinaloa and Durango, Mexico involved in the manufacturing and distribution of large quantities of methamphetamine and cocaine from Mexico into the United States.
• Roberto Salazar is wanted in connection with the murder of Los Angeles County Sheriff’s Deputy Juan Escalante, who was killed in 2008 when he was leaving his home during the early morning hours.
• Pablo Edwin Huerta Nuno, also known as “Flaquito,” is a violent Tijuana Plaza boss who has operated with impunity during the last 15 years. Huerta-Nuno is alleged to have supplied thousands of kilograms of methamphetamine, fentanyl, and cocaine to distributors and cells located throughout San Diego and Los Angeles. And in return, millions of dollars in narcotics proceeds were delivered to him and his organization via shipments of bulk cash from San Diego into Tijuana.

Below is a complete list of fugitives, as well as the districts in which they are charged and will appear in federal court in the coming days:

Fugitive	Arraignment Jurisdiction	Statutory Maximum
Enrique Arballo Talamantes	District of New Mexico	Up to life imprisonment
Benito Barrios Maldonado	District of Arizona	Up to life imprisonment
Luis Raul Castro Valenzuela	District of Delaware	Up to life imprisonment
Francisco Chavez	District of Colorado	Up to life imprisonment
Abdul Karim Conteh	Southern District of California	45 years’ imprisonment
Baldomero Fernandez Beltran	District of Arizona	Up to life imprisonment
Ismael Enrique Fernandez Vazquez	Eastern District of Texas	Up to life imprisonment
Leobardo Garcia Corrales	Southern District of New York	Up to life imprisonment
Abigael Gonzalez Valencia	District of Columbia	Up to life imprisonment
Jose Carlos Guzman Bernal	District of Alaska	Up to life imprisonment
Anton Petrov Kulkin	District of Massachusetts	Up to life imprisonment
Roberto Omar Lopez	Northern District of Georgia	Up to life imprisonment
Jose Francisco Mendoza Gomez	Eastern District of Virginia	Up to life imprisonment
Hernan Domingo Ojeda Lopez	District of Columbia	Up to life imprisonment
Daniel Perez Rojas	District of Columbia	Up to life imprisonment
Juan Carlos Sanchez Gaytan	Southern District of Texas	Up to life imprisonment
David Fernando Vasquez Bejarano	Eastern District of Virginia	Up to life imprisonment
Jose Antonio Vivanco Hernandez	Northern District of Illinois	Up to life imprisonment
Mauro Alberto Nunez Ojeda	District of Columbia	Up to life imprisonment
Juan Carlos Felix Gastelum	Southern District of California	Up to life imprisonment
Jesus Guzman Castro	Eastern District of New York and District of South Carolina	Up to life imprisonment
Pablo Edwin Huerta Nuno	Southern District of California	Up to life imprisonment
Servando Gomez Martinez	Southern District of New York	Up to life imprisonment
Kevin Gil Acosta	Southern District of New York	Up to life imprisonment
Roberto Salazar	CA: Los Angeles County	Up to life imprisonment
Martin Zazueta Perez	Southern District of New York	Up to life imprisonment

Attorney General Pamela Bondi thanked the law enforcement officers of the Drug Enforcement Administration, FBI, U.S. Marshal’s Service, and U.S. Immigration and Customs Enforcement Homeland Security Investigations, the Los Angeles County Sheriff’s Department, and the Los Angeles County Police Department for their valuable contributions to these investigations.

The Attorney General also thanked the Justice Department Criminal Division’s Narcotic and Dangerous Drug Section, as well as the U.S. Attorneys’ Offices for the District of Alaska, District of Arizona, Southern District of California,  District of Columbia, District of Colorado, Middle District of North Carolina, District of Delaware, Northern District of Georgia, Northern District of Illinois, District of Massachusetts, District of New Mexico, Eastern District of New York, Southern District of New York, District of South Carolina, Eastern District of Virginia, Northern District of Texas, Eastern District of Texas, Southern District of Texas, and Western District of Texas and Los Angeles County for handling the prosecutions of these cases. The Attorney General also thanked the Justice Department’s Office of International Affairs which provided critical assistance in securing the transfer of these fugitives to the United States to face justice.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice Criminal Division

Mufid Fawaz Alkhader, 29, of Schenectady, New York, was sentenced today to 10 years in prison for conspiring to illegally straw purchase a firearm, obstructing the free exercise of religious beliefs with a dangerous weapon, and brandishing a firearm in furtherance of a crime of violence.

On Dec. 7, 2023, Alkhader took an Uber from his home to Temple Israel, a synagogue in Albany. Upon arriving at the synagogue, at approximately 2:00 p.m., Alkhader walked up the walkway toward the front entrance, brandished the Kel-Tec shotgun, and then twice fired the shotgun into the air while shouting “Free Palestine!” Alkhader attempted to fire a third time, but the shotgun jammed. After the shotgun jammed, Alkhader attempted to tear an Israeli flag from a flagpole in front of Temple Israel. Albany Police Officers responded to the scene and arrested Alkhader outside of a nearby hospital. As a result of Alkhader’s actions, Temple Israel was forced to cancel a planned concert and candle lighting ceremony to celebrate Chanukah that evening, and its congregants were afraid to return to their place of worship.

“The Department of Justice stands firmly against antisemitism and all hate crimes,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “We are committed to protecting everyone in our communities and upholding the freedom of religion as enshrined in the First Amendment of the Constitution.”

“This shooting, outside of a synagogue on the eve of a Channukah celebration, was unfortunately emblematic of the anti-Semitic violence, rhetoric and practices that have swept this country over the last few years,” Acting U.S. Attorney John A. Sarcone III for the Northern District of New York. “This year, the Justice Department has emphatically said – through its words and actions – no more. My office, with our law enforcement partners, will do everything within our powers to make sure everyone in the Northern District of New York can exercise their right to practice their religion without fear of violence and hatred.”

“Mr. Alkhader’s violent actions were fueled by hatred for individuals simply because of their faith. That hatred caused tremendous terror within the Temple Israel community – and the Jewish community as a whole – as they were preparing for the first night of Channukah,” said Special Agent in Charge Craig L. Tremaroli of the FBI Albany Field Office. “We hope this sentence can play an important part in the community’s continued healing process, but can also serve as a notice that violence, especially borne from hate, will not be tolerated by the FBI. We will continue to work tirelessly with our law enforcement partners to thoroughly investigate these hateful incidents and bring justice to the victims, so no one has to live in fear.”

“This sentencing reflects our commitment to stopping those who unlawfully obtain firearms to cause fear and chaos in our communities,” said Special Agent in Charge Bryan Miller of the ATF New York Field Division. “When individuals conspire to bypass gun laws and use firearms to intimidate others, they will be held accountable. This case highlights the importance of our ongoing work to disrupt illegal firearm activity before it turns deadly. I’m grateful for the partnership between ATF NY Albany Field Office, FBI Albany, the Albany Police Department, the New York State Police and U.S. Attorney’s Office Northern District of NY — a united front in keeping our communities safe.”

“The sentencing in this case sends a clear message that violence and crimes of hate targeting any community, including those of our Jewish community, will not be tolerated,” said Albany Police Chief Brendan Cox. “The Albany Police Department remains committed to protecting all communities and to hold those accountable who seek to spread fear and hate.”

As part of his prior guilty plea, Alkhader admitted that, between Nov. 1 and Nov. 6, 2023, he and Andrew Miller agreed that Miller would purchase a shotgun for Alkhader by lying to a firearms dealer and falsely representing that Miller was the purchaser of the gun. On Nov. 5, 2023, Alkhader and Miller drove to a federal firearms dealer in Albany and illegally purchased a Kel-Tec KS7 12-gauge pump-action shotgun.

U.S. District Judge Anne M. Nardacci for the Northern District of New York also imposed a five-year term of supervised release to begin after Alkhader is released from prison.

Andrew Miller previously pleaded guilty and was sentenced to 14 months of in prison for his role in the straw purchase of the shotgun.

The FBI’s Albany Field Office, in conjunction with the ATF and the Albany Police Department, investigated the case.

Assistant U.S. Attorneys Richard Belliss and Alexander Wentworth-Ping for the Northern District of New York, Trial Attorney Trevor Kempner of the Department of Justice’s Civil Rights Division, and Trial Attorney Jennifer Levy of the Department of Justice’s National Security Division prosecuted the case. Additionally, Assistant U.S. Attorneys Michael Perry and Michael Gadarian for the Northern District of New York provided counsel in the investigation and prosecution of this case.

Source: United States Department of Justice Criminal Division

The Justice Department announced today the successful completion of an agreement between Suffolk County, New York, Police Department (SCPD) and the Department of Justice. Entered into in 2014, the agreement called for SCPD to improve bias-free policing, increase community engagement, and develop additional policies and training, among other things. With support from the Justice Department, as set forth in a report issued today, SCPD has now achieved sustained substantial compliance with all of the agreement’s terms.

“Suffolk County Police Department’s commitment to protecting the public in a constitutionally compliant way is commendable,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “This Department of Justice is committed to collaborating with law enforcement to make American communities safer.”

“The Suffolk County Police Department is to be commended for taking the steps necessary to achieve the objectives of the 2014 agreement with the Department of Justice and our Office,” said U.S. Attorney Joseph Nocella Jr. for the Eastern District of New York.  “Policing in Suffolk County has been enhanced and become more responsive to community needs.  The partnership between our Office and the SCPD has strengthened the safety of all residents of the County.”

SCPD implemented language assistance policies and deployed resources to ensure that people with Limited English Proficiency have meaningful access to police services. It improved reporting and supervision throughout the department. It also improved policies, training, and tracking to better handle hate crimes and misconduct complaints.

Please click here to read the Cover Letter and Final Suffolk Report

Source: United States Department of Justice Criminal Division

BWI North America Inc., BWI Indiana Inc., and BWI Chassis Dynamics (NA) Inc. (together, the BWI Entities), have agreed to pay $21,660,983 to resolve allegations that they violated the False Claims Act by submitting false claims to obtain Paycheck Protection Program (PPP) loans for which they were not eligible.

Congress created the PPP in March 2020 to provide emergency financial assistance to Americans suffering from the economic effects of the COVID-19 pandemic. Under the PPP, eligible businesses could receive forgivable loans guaranteed by the Small Business Administration (SBA). Regulations provide various eligibility requirements for the PPP, including limitations on the number of individuals the borrower and its affiliated entities employed and exclusions for certain types of businesses, like those that are owned by government entities. In their loan applications, borrowers were required to certify that they were eligible for the PPP and that the information they provided was accurate.

The BWI Entities are part of a large multinational corporation that supplies automotive brake and suspension systems worldwide. At the time they applied for and received their PPP loans, the BWI Entities were each majority-owned and controlled by government enterprises of the People’s Republic of China, including the State-Owned Assets Supervision and Administration Commission of Beijing.

In applying for their PPP loans, the BWI Entities certified that they were eligible for the PPP The United States alleges that the BWI Entities were not eligible for their PPP loans because they were affiliated with other companies in China, Europe, and elsewhere, and together with their affiliates across the globe, the BWI Entities employed more individuals than permitted by SBA’s size standard for their industry. The United States also contends that the BWI Entities were not eligible because they were ultimately owned by a government entity.

The BWI Entities cooperated with the United States’ investigation by identifying individuals involved in or responsible for the conduct and disclosing facts and documents gathered during their own investigation. As a result, the BWI Entities received credit under the Department’s guidelines for taking disclosure, cooperation and remediation into account in False Claims Act cases.

“The United States Attorney’s Office takes seriously its obligation to combat fraud and protect American taxpayers,” said Acting U.S. Attorney Richard G. Frohling for the Eastern District of Wisconsin. “This settlement demonstrates that businesses and individuals who abuse government programs like the Paycheck Protection Program will be held accountable.”

“The SBA is committed to rooting out every dollar of PPP fraud,” said SBA General Counsel Wendell Davis. “Alongside the Department of Justice Civil Fraud Section, US Attorney’s Office in the Eastern District of Wisconsin, and our other law enforcement partners, the agency will aggressively pursue bad actors to hold them accountable and recover pandemic relief funds improperly obtained from the program.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act, which permit private parties to file an action on behalf of the United States and receive a portion of any recovery.  The lawsuit was filed by GNGH2 Inc., which will receive $2,166,098.30 in connection with this settlement.

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the United States Attorney’s Office for the Eastern District of Wisconsin, with assistance from the SBA’s Office of General Counsel and Office of the Inspector General.

Trial Attorney Lindsey Roberts of the Civil Division and Assistant U.S. Attorney Michael Carter for the Eastern District of Wisconsin handled the matter.

The claims resolved by the settlement are allegations only. There has been no determination of liability.

Source: United States Department of Justice Criminal Division

An indictment was unsealed today in U.S. District Court charging Jimmy Cherizier, also known as Barbecue, 48, of Port-au-Prince, Haiti, and Bazile Richardson, also known as Fredo, Fred Lion, Leo Danger, and Lepe Blode, 48, a naturalized U.S. citizen, with leading a conspiracy to transfer funds from the United States to Cherizier to fund his gang activities in Haiti in violation of the U.S sanctions imposed on Cherizier. Cherizier is a fugitive believed to be Haiti. Richardson was arrested on July 23 in Pasadena, Texas, and is expected to make his initial court appearance today in the District of Columbia.

Concurrent with the indictment, the U.S. Department of State’s Transnational Organized Crime Rewards Program is offering a reward of up to $5 million for information leading to the arrest or conviction of Cherizier. If you have information, please contact the FBI at 1-800-CALL-FBI or online at www.tips.fbi.gov. Information may also be provided to HSI at 1-866-DHS-2-ICE or online at www.ice.gov/webform/ice-tip-form.

“Cherizier and a U.S. associate sought to raise funds in the United States to bankroll Cherizier’s violent criminal enterprise, which is driving a security crisis in Haiti,” said Assistant Attorney General for National Security John A. Eisenberg. “The National Security Division does not tolerate criminal gang fundraising in the United States, and will continue to pursue those who enable Haiti’s violence and instability.”

“There’s a good reason that there’s a $5 million reward for information leading to Cherizier’s arrest. He’s a gang leader responsible for heinous human rights abuses, including violence against American citizens in Haiti,” said U.S. Attorney Jeanine Ferris Pirro for the District of Columbia. “The U.S. government sanctioned Cherizier in 2020 because he was responsible for an ongoing campaign of violence, including the 2018 La Saline massacre, in which 71 people were killed, more than 400 houses were destroyed, and at least seven women raped by armed gangs. The U.S. Attorney’s office is committed to apprehending Cherizier and bringing him to justice, along with individuals like defendant Richardson, who has sent money and other support to Cherizier from the United States in violation of U.S. sanctions. Our office is committed to keeping Americans safe anywhere in the world, and the gang violence that has ravaged Haiti must end.”

“The FBI is committed to confronting foreign terrorist organizations wherever they operate, and Jimmy ‘Barbecue’ Cherizier’s gang is no exception,” said Acting Assistant Director Darren Cox of the FBI Criminal Investigative Division. “Through intelligence, partnerships, and the full weight of federal law, we are dismantling FTOs and rooting out those who threaten the safety of our communities.”

“The unsealing of this indictment marks the results of a lengthy investigation into Jimmy Cherizier’s criminal activities,” said Acting Immigration and Customs Enforcement (ICE) Director Todd M. Lyons. “His actions to fund the oppression and slaughter of Haitians, including firearm procurement and trafficking networks, fundraising activities, movement and usage of U.S. dollars, and violations of sanctions, are unconscionable — but today marks a step towards accountability.”

“The Department of State is offering a reward of up to $5 million for information leading to the arrest and/or conviction of Jimmy Cherizier, the leader of Foreign Terrorist Organization Viv Ansanm,” said Senior Bureau Official Chris Landberg of the Department of State’s Bureau of International Narcotics and Law Enforcement Affairs. “The State Department will continue to apply its tools, including rewards programs, to combat the scourge of transnational organized crime and its violence — especially to stop the worst of the worst criminal ringleaders threatening the people of our hemisphere.”

According to court documents, Cherizier is a former officer in the Haitian National Police and the leader of a gang known as the Revolutionary Forces of the G9 Family and Allies who helped to forge a gang alliance called Viv Ansanm that united Haiti’s many criminal gangs to oppose the legitimate government of Haiti. On Dec. 10, 2020, the Office of Foreign Assets Control (OFAC) of the U.S. Treasury Department sanctioned Cherizier and designated him as a Specially Designated National (SDN) for his role in serious human rights abuses in Haiti. As a result of the SDN designation, U.S. persons are generally prohibited from engaging in transactions with or for the benefit of Cherizier absent approval from OFAC in the form of a license.

As alleged in the indictment, since Cherizier’s SDN designation in December 2020, Cherizier and Richardson have together led a wide-ranging conspiracy with individuals in the United States, Haiti, and elsewhere to raise funds for Cherizier’s gang activities in violation of the sanctions imposed on Cherizier.

In particular, Cherizier and Richardson directly solicited money transfers from members of the Haitian diaspora located in the United States. After sending funds to intermediaries in Haiti for Cherizier’s benefit, the U.S. and Haitian co-conspirators would send Cherizier images of receipts from the money transfers. Cherizier used these funds principally to pay salaries to the members of his gang and to acquire firearms from illicit firearms dealers in Haiti.

The FBI Miami Field Office and HSI Washington Field Office are investigating the case, with substantial assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration. Providing valuable support are the FBI Houston, Boston, and Charlotte Field Offices and the HSI Miami Field Office.

Assistant U.S. Attorney Thomas N. Saunders for the District of Columbia and Trial Attorney Beau Barnes of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case, with valuable assistance from former Assistant U.S. Attorney Kimberly Paschall, Assistant U.S. Attorney Karen Seifert, and former Trial Attorney Benjamin Koenigsfeld. Significant support was provided by the U.S. Attorney’s Office for the Southern District of Florida, the U.S. Attorney’s Office for the Southern District of Texas, the U.S. Attorney’s Office for the Eastern District of North Carolina, and the Department of State and U.S. Embassy in Port-au-Prince.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.