Delta Air Lines Agrees to Pay $8.1M to Settle Alleged False Claims Act Violations Related to Payroll Support Program

Source: United States Department of Justice Criminal Division

Delta Air Lines Inc., headquartered in Atlanta, Georgia, has agreed to pay $8,100,000 to resolve allegations that it violated the False Claims Act by awarding compensation to certain corporate officers and employees that exceeded the compensation limits Delta agreed to as part of its participation in the Department of the Treasury’s Payroll Support Program (PSP).

The PSP was established by Congress in March 2020 under the Coronavirus Aid, Relief and Economic Security Act to provide payroll support to passenger and cargo air carriers and certain contractors for the continuation of payment of employee wages, salaries, and benefits. The program was administered by the Department of Treasury (Treasury), and participating air carriers were required to enter into written agreements with Treasury that imposed certain conditions in exchange for the receipt of PSP funds. Among other program requirements, PSP agreements included limitations on the amount of compensation that PSP participants could pay to certain corporate officers and employees earning annual compensation in excess of $425,000. 

Delta entered into PSP agreements with Treasury in 2020 and 2021, under which Delta agreed to the PSP compensation limits. The settlement resolves allegations that, between March 2020 and April 2023, Delta awarded compensation to some corporate officers and employees that exceeded the limits set by the PSP agreements. Delta allegedly violated the False Claims Act by inaccurately certifying compliance with PSP requirements in quarterly reports submitted to Treasury, as well as by not notifying Treasury of the breach once it was discovered by Delta, which would have given the government the right to demand the return of funds.

“The PSP was intended to provide critical assistance to the airline industry during the pandemic,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “The department is committed to holding accountable those who failed to abide by the terms and conditions governing their receipt and use of federal funds.” 

“When companies accept federal assistance, especially generous pandemic-relief funds like those at issue here, they owe a duty to the American people to respect the conditions placed on those funds,” said U.S. Attorney Theodore S. Hertzberg for the Northern District of Georgia. “We will continue to enforce all available laws to punish the misuse of taxpayers’ money.”

“Our criminal investigators have been at the center of this investigation as a core part of our responsibility to safeguard the integrity and efficiency of Treasury programs and operations, and we remain steadfast in our determination to hold recipients of public funds to the highest standards,” said Treasury Deputy Inspector General Loren Sciurba.

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by H. Remidez LLC. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. H Remidez LLC  v. Delta Air Lines Inc., No. 1-23-cv-01116 (N.D. Ga.). The whistleblower will receive $850,500 in connection with the 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 U.S. Attorney’s Office for the Northern District of Georgia, with assistance from the United States Department of the Treasury, Office of Inspector General.

The matter was handled by Trial Attorney James Nealon and Assistant U.S. Attorney Anthony DeCinque for the Northern District of Georgia.

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

Delta Airlines Agrees to Pay $8.1M to Settle Alleged False Claims Act Violations Related to Payroll Support Program

Source: United States Department of Justice Criminal Division

Delta Air Lines Inc., headquartered in Atlanta, Georgia, has agreed to pay $8,100,000 to resolve allegations that it violated the False Claims Act by awarding compensation to certain corporate officers and employees that exceeded the compensation limits Delta agreed to as part of its participation in the Department of the Treasury’s Payroll Support Program (PSP).

The PSP was established by Congress in March 2020 under the Coronavirus Aid, Relief and Economic Security Act to provide payroll support to passenger and cargo air carriers and certain contractors for the continuation of payment of employee wages, salaries, and benefits. The program was administered by the Department of Treasury (Treasury), and participating air carriers were required to enter into written agreements with Treasury that imposed certain conditions in exchange for the receipt of PSP funds. Among other program requirements, PSP agreements included limitations on the amount of compensation that PSP participants could pay to certain corporate officers and employees earning annual compensation in excess of $425,000. 

Delta entered into PSP agreements with Treasury in 2020 and 2021, under which Delta agreed to the PSP compensation limits. The settlement resolves allegations that, between March 2020 and April 2023, Delta awarded compensation to some corporate officers and employees that exceeded the limits set by the PSP agreements. Delta allegedly violated the False Claims Act by inaccurately certifying compliance with PSP requirements in quarterly reports submitted to Treasury, as well as by not notifying Treasury of the breach once it was discovered by Delta, which would have given the government the right to demand the return of funds.

“The PSP was intended to provide critical assistance to the airline industry during the pandemic,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “The department is committed to holding accountable those who failed to abide by the terms and conditions governing their receipt and use of federal funds.” 

“When companies accept federal assistance, especially generous pandemic-relief funds like those at issue here, they owe a duty to the American people to respect the conditions placed on those funds,” said U.S. Attorney Theodore S. Hertzberg for the Northern District of Georgia. “We will continue to enforce all available laws to punish the misuse of taxpayers’ money.”

“Our criminal investigators have been at the center of this investigation as a core part of our responsibility to safeguard the integrity and efficiency of Treasury programs and operations, and we remain steadfast in our determination to hold recipients of public funds to the highest standards,” said Treasury Deputy Inspector General Loren Sciurba.

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by H. Remidez LLC. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. H Remidez LLC  v. Delta Air Lines Inc., No. 1-23-cv-01116 (N.D. Ga.). The whistleblower will receive $850,500 in connection with the 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 U.S. Attorney’s Office for the Northern District of Georgia, with assistance from the United States Department of the Treasury, Office of Inspector General.

The matter was handled by Trial Attorney James Nealon and Assistant U.S. Attorney Anthony DeCinque for the Northern District of Georgia.

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

Eighth Former Correctional Officer Sentenced on Federal Civil Rights Charges in Connection with Death of Inmate at West Virginia Jail

Source: United States Department of Justice Criminal Division

A former correctional officer from the Southern Regional Jail in Beaver, West Virginia, was sentenced today for his role in an assault that resulted in the death of an inmate, identified by the initials Q.B., on March 1, 2022. Andrew Fleshman, 22, was sentenced to eight years and four months in prison.

According to his plea agreement, Fleshman responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. When Correctional Officer Fleshman arrived at the pod, Q.B. was on the floor as force was being used against him. The officers restrained and handcuffed Q.B. Officer Fleshman and other members of the conspiracy then escorted Q.B. to an interview room, where, aided and abetted by each other, they struck and injured Q.B. while he was restrained, handcuffed and posed no threat to anyone. Fleshman admitted that he and the members of the conspiracy struck and injured Q.B. to punish him for attempting to leave his assigned pod.

Fleshman pleaded guilty before Chief U.S. District Court Judge Frank W. Volk on Nov. 2, 2023. That same day, former correctional officer Steven Nicholas Wimmer also pleaded guilty to conspiring to use unreasonable force against Q.B. On May 8, Chief U.S. District Court Judge Frank W. Volk sentenced Wimmer to nine years in prison.

On Nov. 29, 2023, a federal grand jury indicted six other defendants in connection with the death of Q.B. In November 2024, Mark Holdren, Corey Snyder, and Johnathan Walters each pleaded guilty in connection with the use of unreasonable force against Q.B., resulting in his death. On July 9, U.S. District Court Judge Joseph R. Goodwin sentenced Holdren to 20 years in prison and Walters was sentenced to 21 years in prison. On July 10, Judge Goodwin sentenced Snyder to 19 years and seven months in prison.

In August 2024, Ashley Toney and Jacob Boothe each pleaded guilty to failing to intervene to protect Q.B. from the officers’ assault. On June 9, Judge Goodwin sentenced Toney to six and a half years in prison. On July 10, Judge Goodwin sentenced Boothe to three years in prison.

On Jan. 27, a federal jury returned a guilty verdict at trial for the sixth indicted defendant, Chad Lester, a former Lieutenant at the Southern Regional Jail, finding him guilty on three obstruction of justice charges for his role in conspiring to cover up the death of Q.B. On May 15, Judge Goodwin sentenced Lester to 17 and a half years in prison.

Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division and Acting U.S. Attorney Lisa G. Johnston for the Southern District of West Virginia made the announcement.

The FBI Pittsburgh Field Office, Charleston Resident Agency, investigated the case.

Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division prosecuted the case in partnership with the U.S. Attorney’s Office for the Southern District of West Virginia.

Security News: Eighth Former Correctional Officer Sentenced on Federal Civil Rights Charges in Connection with Death of Inmate at West Virginia Jail

Source: United States Department of Justice

A former correctional officer from the Southern Regional Jail in Beaver, West Virginia, was sentenced today for his role in an assault that resulted in the death of an inmate, identified by the initials Q.B., on March 1, 2022. Andrew Fleshman, 22, was sentenced to eight years and four months in prison.

According to his plea agreement, Fleshman responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. When Correctional Officer Fleshman arrived at the pod, Q.B. was on the floor as force was being used against him. The officers restrained and handcuffed Q.B. Officer Fleshman and other members of the conspiracy then escorted Q.B. to an interview room, where, aided and abetted by each other, they struck and injured Q.B. while he was restrained, handcuffed and posed no threat to anyone. Fleshman admitted that he and the members of the conspiracy struck and injured Q.B. to punish him for attempting to leave his assigned pod.

Fleshman pleaded guilty before Chief U.S. District Court Judge Frank W. Volk on Nov. 2, 2023. That same day, former correctional officer Steven Nicholas Wimmer also pleaded guilty to conspiring to use unreasonable force against Q.B. On May 8, Chief U.S. District Court Judge Frank W. Volk sentenced Wimmer to nine years in prison.

On Nov. 29, 2023, a federal grand jury indicted six other defendants in connection with the death of Q.B. In November 2024, Mark Holdren, Corey Snyder, and Johnathan Walters each pleaded guilty in connection with the use of unreasonable force against Q.B., resulting in his death. On July 9, U.S. District Court Judge Joseph R. Goodwin sentenced Holdren to 20 years in prison and Walters was sentenced to 21 years in prison. On July 10, Judge Goodwin sentenced Snyder to 19 years and seven months in prison.

In August 2024, Ashley Toney and Jacob Boothe each pleaded guilty to failing to intervene to protect Q.B. from the officers’ assault. On June 9, Judge Goodwin sentenced Toney to six and a half years in prison. On July 10, Judge Goodwin sentenced Boothe to three years in prison.

On Jan. 27, a federal jury returned a guilty verdict at trial for the sixth indicted defendant, Chad Lester, a former Lieutenant at the Southern Regional Jail, finding him guilty on three obstruction of justice charges for his role in conspiring to cover up the death of Q.B. On May 15, Judge Goodwin sentenced Lester to 17 and a half years in prison.

Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division and Acting U.S. Attorney Lisa G. Johnston for the Southern District of West Virginia made the announcement.

The FBI Pittsburgh Field Office, Charleston Resident Agency, investigated the case.

Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division prosecuted the case in partnership with the U.S. Attorney’s Office for the Southern District of West Virginia.

California Man Pleads Guilty in Connection with $16M Hospice Fraud Scheme and Money Laundering Scheme

Source: United States Department of Justice Criminal Division

A California man pleaded guilty today in connection with his role in defrauding Medicare of nearly $16 million through sham hospice companies and laundering the fraudulent proceeds.

According to court documents, Juan Carlos Esparza, 33, of Valley Village, schemed with others, including co-defendants Petros Fichidzhyan and Karpis Srapyan, to bill Medicare for hospice services that were not medically necessary and never provided.  From July 2019 until January 2023, the defendant and his co-defendants operated four sham hospices, one of which, House of Angels Hospice, was owned by Esparza. The defendants controlled the other three hospices, even though the listed owners were foreign nationals. Fichidzhyan, Esparza, and Srapyan concealed the scheme by using foreign nationals’ personal identifying information to open bank accounts, submit information to Medicare, and sign property leases. They also controlled and used cell phones in the names of the foreign nationals in furtherance of the scheme. In total, Medicare paid the sham hospices nearly $16 million.

Fichidzhyan, Esparza, and Srapyan worked with others, including their co-defendants Susanna Harutyunyan and Mihran Panosyan, to launder the fraudulent proceeds. As part of the money laundering scheme, Esparza and his co-defendants maintained fraudulent identification documents and other documents associated with the sham hospices at the House of Angels office, and bank documents, checkbooks, and credit and debit cards in the names of purported foreign owners in a pair of residential properties. After defrauding Medicare, Esparza and his co-defendants moved the funds between various assets and accounts, including bank accounts in the names of shell companies, to conceal the scheme. Esparza spent $90,000 in fraudulent proceeds to purchase a vehicle.

Esparza pleaded guilty to health care fraud and transactional money laundering and is scheduled to be sentenced on Oct. 6. He faces a maximum penalty of 10 years in prison for healthcare fraud and a maximum penalty of 10 years in prison for transactional money laundering. A federal district court judge will determine his sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Co-defendant Petros Fichidzhyan previously pleaded guilty to health care fraud, aggravated identity theft, and money laundering. In May, Fichidzhyan was sentenced to 12 years in prison. Co-defendant Mihran Panosyan pleaded guilty to money laundering last month and is scheduled to be sentenced Sept. 8. Co-defendant Karpis Srapyan pleaded guilty to conspiracy to commit health care fraud and money laundering and is scheduled to be sentenced on Oct. 6. Co-defendant Susanna Harutyunyan pleaded guilty to money laundering and is scheduled to be sentenced on Nov. 17. Harutyunyan faces deportation.

The guilty plea today is the most recent conviction in the Justice Department’s ongoing effort to combat hospice fraud in the greater Los Angeles area. Last year, a doctor was convicted at trial for his role in a scheme to bill Medicare for hospice services patients did not need, and two other defendants were sentenced for their roles in a hospice fraud scheme.  

Acting Assistant Attorney General Matthew R. Galeotti of the Justice Department’s Criminal Division, Assistant Director in Charge Akil Davis of the FBI Los Angeles Field Office, and Deputy Inspector General for Investigations Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG) made the announcement.

The FBI and HHS-OIG are investigating the case.

Trial Attorneys Sarah E. Edwards, Allison L. McGuire, and Michael Bacharach of the Criminal Division’s Fraud Section are prosecuting the case, and Assistant U.S. Attorney Tara B. Vavere for the Central District of California is handling asset forfeiture.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,800 defendants who collectively have billed federal health care programs and private insurers more than $30 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.

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

Environmental Crimes Bulletin – June 2025

Source: United States Department of Justice

View All Environmental Crimes Bulletins


In This Issue:


Cases by District/Circuit


District/Circuit Case Name Conduct/Statute(s)
7th Circuit Court of Appeals  United States v.  Clark Conspiracy; False Statement; Mail Fraud; Obstruction
District of Alaska United States v. Matanuska Diesel, LLC, et al. Emissions Tampering; Clean Air Act; Conspiracy
Central District of California United States v. Isidoro Chaparro Sanchez, et al. Cockfighting; Animal Welfare Act
Southern District of California United States v. Juandaniel Medina Exotic Bird Smuggling
United States v. Dumitru Cicai Pesticide Smuggling
United States v. Jose Manuel Valenzuela Refrigerant Smuggling; Failure to Present Tanks for Inspection
Middle District of Georgia United States v. Brandon Baker, et al. Dogfighting; Animal Welfare Act; Conspiracy
District of Idaho United States v. Jerrod R. Farr, et al. Big Game Outfitter; Lacey Act
Eastern District of Missouri United States v. All Out Diesel, et al. Emissions Tampering; Clean Air Act; Conspiracy
District of Montana United States v. Hollis G. Hale, et al. Sheep Hunting; Endangered Species Act; Lacey Act
District of New Jersey United States v. Angela Amponsa Unregistered Pesticide Sales; Federal Insecticide, Fungicide, and Rodenticide Act
Southern District of Ohio United States v. Katrina D. Favret, et al. Animal Crush Videos; PACT Act; Conspiracy
United States v. Fabcon Precast LLC Employee Death; Occupational Safety and Health Act
Eastern District of Pennsylvania United States v. Matthew Caroluzzi, et al. Emissions Tampering; Clean Air Act; Conspiracy
Western District of Pennsylvania United States v. Erie Coke Corporation, et al. Air Emissions; Clean Air Act; Conspiracy
District of South Carolina United States v. Shaylynn Kolwyck-Peterson Chimpanzee Sale; Lacey Act
United States v. Bhagavan “Doc” Antle, et al. Wildlife Trafficking; Conspiracy; Money Laundering
Southern District of Texas United States v. Jose Daniel Santiago-Mendoza, et al. Illegal Fishing; Lacey Act
Western District of Texas United States v. Paul Jacob Elliott Sommers Reptile Smuggling
District of Wyoming United States v. Mark Orchard, et al. Oily Waste Discharges; Depredation of Government Property

DECISIONS 


United States v.  Clark

  • Nos. 24-1320, 24-1321
  • 2025 WL 1635508 (7th Cir., June 10, 2025)

On June 10, 2025, the Seventh Circuit Court of Appeals issued an opinion affirming Derrick Clark’s conviction on all counts, affirming Shawn Mesner’s fraud conviction, and vacating Mesner’s conspiracy conviction.

Both defendants worked at Didion Milling (“Didion”). In May 2017, a corn mill operated by Didion exploded due to combustible dust, killing five workers and seriously injuring 14 others. Clark was convicted at trial of conspiracy, falsifying an environmental compliance certification, falsifying environmental compliance records, and obstructing an Occupational Safety and Health Administration (OSHA) investigation by providing false and misleading testimony. Mesner was convicted at trial of fraud and conspiracy, each relating to his role in falsifying records regarding the mill’s sanitation program.

The Seventh Circuit first held that the district court did not err in admitting another Didion employee’s inconsistent prior sworn statement. The court found that the statement was made under oath and that the trial judge did not need to review it line-by-line to assess its inconsistency with the witness’s in-court testimony. The court also rejected Clark’s sufficiency-of-the-evidence challenges to his convictions for making false entries in Didion’s Clean Air Act compliance certification (18 U.S.C. § 1519) and aiding and abetting the use of falsified baghouse logs, which were within the U.S. Environmental Protection Agency’s jurisdiction (18 U.S.C. § 1001(a)(3)).

Next, the court affirmed Clark’s conspiracy conviction (18 U.S.C § 371), holding that the jury instructions adequately informed the jury that the object of the conspiracy must be a federal offense and that the jury must be unanimous. The court emphasized that the special verdict form further alleviated any confusion. The court also held that Clark’s conviction for making false statements (18 U.S.C. § 1505) did not depend on the constitutionality of the underlying OSHA regulation, and thus it declined to weigh in on the regulation’s validity. Finally, in a footnote, the court dismissed Clark’s assertion of erroneous evidentiary rulings and cumulative error.

As for Mesner, the court first vacated Mesner’s conspiracy conviction because the government dismissed the substantive count underlying that conviction at the close of evidence and the district court never instructed the jury on it. The Seventh Circuit thus “decline[d] to uphold a conviction premised on a count that the government dismissed, and on which the court never instructed the jury.” But the court affirmed Mesner’s conviction for fraud conspiracy (18 U.S.C. §§ 1341, 1343, 1349), relying in part on the Supreme Court’s recent decision in Kousisis v. United States. The court held that the indictment “easily” satisfied the standard for sufficiency, properly identified money as the “object” of the conspiracy, and sufficiently alleged that Mesner and Didion misrepresented an essential element of the bargain to Didion’s customers.

The court also concluded that there was sufficient evidence for the jury to convict on this count, rejecting Mesner’s argument that Ciminelli v. United States foreclosed his conviction or that the government needed to introduce the contracts between Didion and its customers to prove materiality. The court concluded that a jury could reasonably find – based on witness testimony and documentary evidence – that the accuracy of Didion’s sanitation logbook was material to the bargain between Didion and its customers. 


Recently Charged


United States v. Matthew Caroluzzi, et al.

  • No. 2:25-CR-00239 (Eastern District of Pennsylvania)
  • ECS Senior Trial Attorney RJ Powers
  • Former ECS Attorney Ron Sarachan
  • AUSA Sarah Solow

On June 3, 2025, prosecutors charged Matthew Caroluzzi and his business, Matt’s Heavy Duty Mobile Diagnostics and Truck Repair & Heavy Towing (“Matt’s HD”) with conspiracy to violate the Clean Air Act (CAA) (18 U.S.C. § 371), and nine substantive CAA counts (18 U.S.C. § 371; 42 U.S.C. § 7413(c)(2)(C)).

Caroluzzi owns and operates Matt’s HD, located in Sellersville, Pennsylvania. The company conducts repairs on large semi-trucks and provides a 24/7 towing service. His customers also travelled from out-of-state locations, including New Jersey, Delaware, and Maryland

The defendants tampered with and rendered inaccurate monitoring devices and methods required to be maintained under the CAA, that is, on-board and diagnostic emission monitoring devices on diesel trucks. Caroluzzi removed physical emissions control components and altered vehicles’ on-board computers. With assistance from his mechanics, Caroluzzi conducted emissions “deletes” at the shop, on the road, and at other diesel repair shops. Over the course of the conspiracy, Caroluzzi charged customers between $1,000 and $3,000 for his services, and performed deletes on more than 700 diesel-powered trucks.

The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.

Related Press Release: Heavy Duty Truck Repair and Diagnostics Company and Its Owner Charged in Major Clean Air Act Investigation | DOT OIG


United States v. Juandaniel Medina

  • No. 25-mj-03169 (Southern District of California)
  • AUSA Evangeline Dech

On June 10, 2025, prosecutors charged Juandaniel Medina with smuggling endangered exotic birds (16 U.S.C. §§ 1538(c), 1540(b); 18 U.S.C. § 545). Medina is the third person in recent weeks authorities have detained for attempting to smuggle protected birds, including red-lored Amazon parrots. All seven birds in this case are alive and under quarantine.

On May 26, 2025, authorities detained Medina at the San Ysidro Port of Entry after discovering seven live Amazon parrots in a cardboard box on the passenger floorboard. Medina was the driver and registered owner of the vehicle. He admitted paying $700 cash for the parrots with the intention of breeding and/or reselling them in the United States. All Amazon parrot species are listed under the Convention on International Trade in Endangered Species.

Smuggled birds that are not subject to quarantine can prove dangerous as they may carry and spread Avian influenza (bird flu) and other diseases. Bird flu is highly contagious and can cause flu-like symptoms, respiratory illness, pneumonia, and death in humans and other birds, including those housed on poultry farms.

The U.S. Fish and Wildlife Service Office of Law Enforcement and Homeland Security Investigations conducted the investigation. 

Photo of parrot found in box in defendant’s vehicle following his arrest, from press release.

Related Press Release: Southern District of California | Exotic Bird Smuggler Busted at the Border | United States Department of Justice


United States v. Katrina D. Favret, et al.

  • No. 2:25-CR-00071 (Southern District of Ohio)
  • ECS Senior Trial Attorney Adam Cullman
  • ECS Trial Attorney Mark Romley
  • AUSA Nicole Pakiz
  • ECS Paralegal Gabriella Leaming

On June 11, 2025, a court unsealed an indictment charging two individuals for their involvement with online groups dedicated to creating and distributing videos depicting acts of extreme violence and sexual abuse against monkeys.

The indictment states that Katrina D. Favret and Robert M. Craig conspired with previously charged defendant Ronald P. Bedra to create and distribute so-called “animal crush videos” (18 U.S.C. § 371). Favret is also charged with creating and with distributing animal crush videos (18 U.S.C. §§ 48(a)(2), 48(a)(3)).

According to court documents, the defendants conspired with others to create and distribute videos depicting acts of sadistic violence against juvenile and adult monkeys. The conspirators used encrypted chat applications to direct money to individuals in Indonesia willing to commit the requested acts of torture on camera.

Eleven other individuals were charged with similar violations in an indictment unsealed in May (United States v. Ernest Chavez, et al.).

The Federal Bureau of Investigation and the U.S. Fish and Wildlife Service Office of Law Enforcement conducted the investigation.

Related Press Release: Office of Public Affairs | Grand Jury Indicts 11 More Individuals for Involvement with Online Groups Dedicated to Monkey Torture and Mutilation | United States Department of Justice


Guilty Pleas


United States v. Mark Orchard, et al.

  • No. 2:23-CR-00166 (District of Wyoming)
  • AUSA Kerry Jacobson
  • SAUSA Richard Baird

On June 9, 2025, Mark Orchard pleaded guilty to Depredation of Government Property (18 U.S.C. § 1361). Co-defendant Darwin Crawford entered a similar plea on May 30, 2025. Crawford and Orchard are scheduled for sentencing on August 18 and 22, 2025, respectively.

Contractors Crawford and Orchard worked as field operation managers who oversaw  field operations for an energy company. A Bureau of Land Management (BLM) Wyoming State Chief Ranger received information that contractors were dumping waste on well pads leased from the BLM. The waste had been generated from oil-water separators and maintenance operations performed on produced water storage tanks. Well pads are areas approved by the BLM for the drilling of gas or oil wells pursuant to approved plans and conditions.

The defendants instructed other crew members to “dig a hole and dump stuff from the junk tank” into the pit, and to backfill the hole. The affected area is known as the East Echo Springs Saltwater disposal facility (Echo Springs), located in Carbon County, Wyoming. Echo Springs was only permitted for the disposal of produced water, a byproduct of oil and gas extraction, through injection deep into the ground. The site was not permitted for burying solid oil waste. Approximately 10 barrels of this oil waste material was buried at the direction of the defendants.

Soil samples taken by investigators of this buried material showed levels of total petroleum hydrocarbons at 15,200 ppm, 16,100 ppm, and 11,000 ppm. In comparison, an uncontaminated soil sample at the site measured a total petroleum hydrocarbon level of 18 ppm.

Orchard and Crawford admitted they signed off on daily work tickets and invoices for this and other work they directed.

The Bureau of Land Management and the U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.


United States v. Jose Daniel Santiago-Mendoza, et al.

  • No. 1:25-CR-00305 (Southern District of Texas)
  • AUSA William Hagen

On June 9, 2025, Jose Daniel Santiago-Mendoza pleaded guilty to violating the Lacey Act for unlawfully transporting fish taken from the Gulf of America. Co-defendants Jesus David Luna-Martinez and Jesus Roberto Morales-Amador previously pleaded guilty to the same charge (16 U.S.C. § 3372(a)(1)). Miguel Angel Ramirez-Vidal is scheduled for trial to begin on July 14, 2025.

On April 17, 2025, the defendants attempted to transport and export roughly 315 kilograms of red snapper illegally taken from U.S. waters to sell in Mexico. Authorities observed the crew’s panga-style fishing vessel in the Gulf of America, seven miles north of the U.S.-Mexico maritime boundary line and 21 miles east of South Padre Island. The defendants’ fishing vessel was unmarked and unregistered. It was not flying the flag of any nation and operating without running lights. The defendants were using more than four thousand yards of heavy nylon fishing line and 1,200 fishing hooks. None of the crew members possessed a permit to fish in U.S. waters nor did any hold a quota for red snapper.

Homeland Security Investigations, the U.S. Coast Guard, Customs and Border Protection Air and Marine Operations, National Oceanic and Atmospheric Administration, Texas Parks and Wildlife, and the South Padre Island Police Department conducted the joint investigation.

Illegally taken Red Snapper and Gear.

Related Press Release: Southern District of Texas | Mexican commercial fishermen plead guilty to illegal red snapper harvesting | United States Department of Justice


United States v. Angela Amponsa

  • No. 2:25-mj-01106 (District of New Jersey)
  • ECS Senior Trial Attorney RJ Powers
  • RCEC Jason Garelick

On June 10, 2025, Angela Amponsa pleaded guilty to violating the Federal Insecticide, Fungicide, and Rodenticide Act  (7 U.S.C. §§ 136j(a)(l)(A),136l(b)(l)(B)).  Sentencing is scheduled for October 14, 2025.

Amponsa owned the New Jersey African Caribbean Market in Hamilton, New Jersey. On two separate occasions, she knowingly sold the pesticides Sniper DDVP and Spri Gone to an undercover Environmental Protection Agency (EPA) agent. These products are not EPA-registered.

Authorities executed a federal search warrant at the market and seized approximately 1,100 bottles of unregistered pesticides.  When questioned by authorities, Amponsa admitted that she sold unregistered pesticides knowing they were illegal in the U.S. 

The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation. 


United States v. Shaylynn Kolwyck-Peterson

  • No. 4:25-CR-00699 (District of South Carolina)
  • ECS Senior Trial Attorney Patrick Duggan

On June 10, 2025, Shaylynn Kolwyck-Peterson pleaded guilty to a one-count information charging her with a felony Lacey Act false labeling violation (16 U.S.C. §§ 3372 (d)(2), 3373(d)(3)(A)). The charge stems from her sale of a chimpanzee to Doc Antle in South Carolina. Sentencing has not been scheduled.

Sunshine Zoological Preserve, LLC, is a private for-profit roadside zoo in North Florida owned and managed by the Kolwyck family. Sunshine Zoological is believed to be the only facility in the U.S. breeding chimpanzees for private/non-scientific purposes.

Shaylynn Kolwyck drove a newborn chimpanzee to Doc Antle in South Carolina, where Antle paid her $200,000. She then called Antle to offer another juvenile chimpanzee, and Antle paid her an additional $200,000 in cash for it.

The U.S. Fish and Wildlife Service obtained paperwork for both sales, which falsely listed the sales as non-commercial intrastate “transfers” from Sunshine Zoological in Florida to Antle’s South Carolina facility.

The Federal Bureau of Investigation and the U.S. Fish and Wildlife Service Office of Law Enforcement conducted the investigation.


United States v. Paul Jacob Elliott Sommers

  • No. 3:24-CR-01659 (Western District of Texas)
  • ECS Senior Trial Attorney Gary Donner
  • ECS Trial Attorney Leigh Rendé
  • ECS Law Clerk Amanda Backer

On June 10, 2025, Paul Jacob Elliott Sommers pleaded guilty to smuggling wildlife into the United States (18 U.S.C. § 545).

As part of an investigation into illegal wildlife trafficking from Mexico into the U.S., authorities uncovered Mexico-based reptile suppliers who trafficked wildlife to U.S. based-customers. Over a period of four years, Sommers purchased wildlife from Mexico and coordinated with others to capture and transport the animals across the El Paso border. Sommers then sold the animals to customers in the U.S.

The U.S. Fish and Wildlife Service Office of Law Enforcement conducted the investigation.


United States v. Dumitru Cicai

  • No. 3:25-CR-02276 (Southern District of California)
  • AUSA Emily Allen

On June 10, 2025, Dumitru Cicai pleaded guilty to smuggling (18 U.S.C. § 545). Sentencing is scheduled for August 28, 2025.

On March 31, 2025, Cicai was caught smuggling 24 one-liter bottles of Taktic pesticide into the United States. As he drove into the United States at the San Ysidro Port of Entry, Cicai told the Customs and Border Patrol (CBP) primary inspection officer that he had nothing to declare. Upon inspecting the vehicle, the primary officer discovered multiple pieces of natural wood branches in the vehicle’s trunk and large bottles concealed in black bags.

When questioned by the secondary CBP officer, Cicai said he only had wood to declare, nothing else. Upon closer inspection, officers found 24 bottles of pesticide labeled “Taktic.”

Taktic contains the active ingredient amitraz at an emulsifiable concentration of 12.5 percent. Under U.S. Environmental Protection Agency regulations, amitraz in this form is a cancelled and unregistered pesticide in the United States.

The U.S. Environmental Protection Agency Criminal Investigation Division and Homeland Security Investigations conducted the investigation. 


United States v. Isidoro Chaparro Sanchez, et al.

  • No. 5:24-CR-00209 (Central District of California)
  • AUSA Corey Burleson
  • AUSA Dennis Mitchell

On June 16, 2025, Cirilo Esquivel Alcantar pleaded guilty to operating cockfighting events in San Bernardino County and sponsoring and exhibiting roosters in an animal fighting venture (7 U.S.C. § 2156(a)(1)). Alcantar, the fifth and final defendant to plead guilty in this case, is scheduled for sentencing on October 6, 2025.

Between May 2023 and July 2024, Alcantar, along with Luis Octavio Angulo, Sergio Jimenez Maldonado, Eva Anilu Pastor Uriostegui, and Isidoro Chaparro Sanchez organized and facilitated cockfighting events in Muscoy, California. The defendants held events on Sundays during the cockfighting “season.” Individuals brought roosters to fight, often drawing more than 100 spectators to each event.

Attendees paid $20 to park at a different location nearly one mile away from the event location. They were then shuttled to the cockfighting location, where they paid another fee – usually $40 – to enter the arena where the fights took place. Attendees could also place bets on the cockfights and participate in a raffle.

Cockfighters paid a fee to enter their roosters into fights ($1,000 for four roosters) with several fights scheduled for the day. Before the fights, a sharp blade, known as a “gaff,” was often attached to each rooster’s leg. At times, the fights ended in the death of one or both roosters.

Sanchez, Angulo, Uriostegui, and Maldanado pleaded guilty to conspiracy (18 U.S.C. § 371). They are respectively scheduled for sentencing on August 18th, August 25th, September 9th, and October 6, 2025.

The Federal Bureau of Investigation conducted the investigation. 


United States v. Erie Coke Corporation, et al.

  • No. 1:22-CR-00023 (Western District of Pennsylvania)
  • AUSA Nicole Vasquez Schmitt
  • AUSA Michael L. Ivory

On June 17, 2025, Erie Coke Corporation (ECC) pleaded guilty to conspiracy and to a Clean Air Act Title V (CAA) violation for knowingly emitting unburned or raw coke oven gas, a hazardous air pollutant, in violation of its permit (18 U.S.C. § 371; 42 U.S.C. § 7413(c)(1)). Sentencing is scheduled for October 7, 2025.

ECC owned a coke manufacturing plant in Erie, Pennsylvania. The facility was located along Lake Erie, adjacent to the inlet to Presque Isle Bay. A number of private residences, public facilities, and several schools were nearby.

Turning coal into coke generates a variety of pollutants, including volatile gases such as benzene, toluene, and xylene, as well as particulate matter. The facility operated under a CAA Title V permit issued by the U.S. Environmental Protection Agency. This permit prohibited the company from emitting coke oven gas into the outdoor air without burning the gas first. The company also used a Continuous Opacity Monitor (COM) to measure its opacity levels, another way to monitor particulate matter emissions. Authorities required ECC to install the COM as part of a state enforcement action. The company previously violated its Title V permit and state air pollution laws, including exceeding opacity levels from the coke oven battery stack. As a result, ECC implemented additional remedial measures to reduce emissions to resolve an EPA civil enforcement action.

However, ECC and employees continued to violate the CAA by, among other things, removing caps on heating flues atop the coke oven batteries to allow combustion gases to vent directly into the air and bypassing the plant’s environmental monitoring system. ECC then submitted emissions monitoring data to regulators each quarter that underrepresented the number of emissions.

The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.

Related Press Release: Western District of Pennsylvania | Erie Coke Corporation Pleads Guilty to Air Emissions Violations | United States Department of Justice


United States v. Jerrod R. Farr, et al.

  • No. 4:24-CR-00061 (District of Idaho)
  • AUSA Justin Paskett

On June 23, 2025, Jerrod Farr pleaded guilty to violating the Lacey Act (16 U.S.C. §§ 3372(a)(1), 3373(d)(2)). Sentencing is scheduled for September 15, 2025. Co-defendant Michael T. Scott remains charged in a six- count indictment with violating the Lacey Act, providing false or fictitious information to a Forest Service officer, and conducting work activity without a special-use authorization (16 U.S.C. §§ 551, 3372(a)(1), 3373(d)(2)).

Farr owned and operated White Cloud Outfitters (WCO), a commercial outfitting and guiding business. Farr sold and facilitated Rocky Mountain Big Horn Sheep hunts in an area of the Salmon-Challis National Forest that is closed to commercial guiding. Working as a licensed guide for WCO, Scott illegally guided those hunts.

The U.S. Fish and Wildlife Service Office of Law Enforcement, the U.S. Forest Service, and the Idaho Department of Fish and Game conducted the investigation.


United States v. Matanuska Diesel, LLC, et al.

  • No. 3:23-CR-00109 (District of Alaska)
  • AUSA Jennifer Ivers
  • RCEC Karla Perrin

On June 30, 2025, Matanuska Diesel, LLC, and company owner Mackenzie Spurlock pleaded guilty to violating the Clean Air Act for removing air pollution control equipment and tampering with federally mandated monitoring devices on diesel vehicles (42 U.S.C. § 7413(c)(2)(C)).

Between July 2020 and June 2022, Matanuska Diesel and Spurlock removed air pollution control equipment and tampered with federally mandated monitoring devices on diesel vehicles. The process of removing emissions control systems and reprogramming a vehicle’s onboard diagnostic system is known as “deleting” and “tuning.” These unlawful modifications result in a significant increase in pollutants emitted by the vehicle. The defendants tampered with approximately nine trucks, charging between $1,200 and $5,000 per vehicle for those services.

The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.


Sentencings


United States v. Brandon Baker, et al.

  • No. 1:24-CR-00005 (Middle District of Georgia)
  • ECS Senior Trial Attorney Ethan Eddy
  • ECS Trial Attorney Leigh Rende
  • AUSA Leah McEwen
  • ECS Law Clerk Amanda Backer

On June 4 and 5, 2025, a court sentenced Brandon Baker and Marvin Pulley, III. Baker will serve 20 months’ incarceration followed by two years of supervised release. Baker also will pay $13,307 in restitution. Pulley will serve 30 months’ incarceration and three years of supervised release. Pulley will pay $33,887 in restitution. They were the final defendants involved in this large-scale dog fighting event.

On April 24, 2022, the defendants held a dog fight in Donalsonville, Georgia, that authorities disrupted while in progress. The defendants brought 24 pit bull-type dogs to fight in a series of matches over that weekend.

The participants used their cars to store dogs who had fought, as well as those awaiting their turn in the fighting pit. Dogs found in cars bore recent injuries and scars. Additional dogs were kept on chains on the property. Law enforcement rescued 27 dogs, including a badly injured dog that later died from its injuries.

On May 13 and 14, 2025, the court imposed sentences ranging from probation to 100 months of incarceration on 11 co-defendants. All were ordered to pay restitution to the U.S. Marshall’s Service for the costs of caring for the seized animals.

The U.S. Department of Agriculture Office of the Inspector General and the Seminole County, Georgia, Sheriff’s Office conducted the investigation, with assistance from the Bay County, Florida, Sheriff’s Office.


United States v. All Out Diesel, et al.

  • No. 4:24-CR-00626 (Eastern District of Missouri)
  • AUSA Dianna Edwards

On June 6, 2025, a court sentenced All Out Diesel, LLC, and company owner Joseph Easter, to pay a $100,000 fine.  The company is jointly liable for the fine and will complete a three-year term of probation, while Easter will complete a five-year term of probation. Both pleaded guilty to violating the Clean Air Act (CAA) for illegally tampering with a federally mandated monitoring device (42 U.S.C. § 7413(c)(2)(C)).

Truck owners who have removed (or “deleted”) their vehicle’s factory-installed emission control devices need devices that carry electronic files/software coding (”tunes”) designed to override the vehicle’s original computer programming. All Out Diesel custom altered tunes and sold them throughout the United States. The defendants’ tunes enabled deleted trucks to operate without emission control devices.

The defendants knowingly falsified, tampered with, and rendered inaccurate at least 75 monitoring devices that were required to be maintained under the CAA.

The United States Environmental Protection Agency Criminal Investigation Division conducted the investigation.


United States v. Fabcon Precast LLC

  • No. 2:25-CR-00020 (Southern District of Ohio)
  • ECS Senior Trial Attorney Adam Cullman

On June 9, 2025, a court sentenced Fabcon Precast LLC (“Fabcon”) to pay a $500,000 fine, complete a two-year term of probation and enact a Safety Compliance Plan. Fabcon pleaded guilty to willfully violating the Occupational Safety and Health Act (OSHA) causing the death of an employee (29 U.S.C. § 666(e)).

Fabcon operates several facilities in the United States, including one in Grove City, Ohio, that manufactures precast concrete panels. At Fabcon, employees known as batch operators were responsible for the operation and cleaning of the facility’s only concrete mixer. Concrete was discharged from the bottom of the mixer through a pneumatic door. By design, the mixer had an exhaust valve that released the pneumatic energy powering the discharge door, rendering it inoperable.

On the day of the incident, batch operator Zachary Ledbetter was on duty when the discharge door failed to close after releasing a batch of concrete. Some months before the incident, the handle that operated the exhaust valve broke off and was not replaced. Because the valve was broken, Ledbetter could not perform the proper procedure to make the door safe to work around. When he attempted to free the door it closed on his head, trapping him. Ledbetter was transported to a hospital where he died five days later.

The U.S. Department of Labor Office of Inspector General conducted the investigation.

Related Press Release: Office of Public Affairs | Ohio Company Sentenced for Violating OSHA Rule Leading to Worker’s Death | United States Department of Justice


United States v. Jose Manuel Valenzuela

  • No. 3:24-CR-01037 (Southern District of California)
  • ECS Assistant Chief Stephen Da Ponte
  • AUSA Laura Sambataro

On June 10, 2025, a court sentenced Jose Manuel Valenzuela to complete a three-year term of probation and pay $7,399 in restitution. Valenzuela pleaded guilty to intentionally failing to present refrigerant tanks for inspection (19 U.S.C. §§ 1433, 1436).

On April 22, 2024, Valenzuela, an HVAC technician, attempted to enter the United States from Mexico without declaring four 24-pound tanks of 404A refrigerant (hydrofluorocarbon refrigerants) that were in his vehicle.

Customs and Border Protection, Homeland Security Investigations, and the U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.


United States v. Bhagavan “Doc” Antle, et al.

  • No. 4:22-CR-00580 (District of South Carolina)
  • ECS Senior Trial Attorney Patrick Duggan
  • AUSA Derek A. Shoemake
  • AUSA Amy Bower
  • ECS Paralegal Jillian Grubb

On June 10, 2025, a court sentenced Andrew Sawyer to complete a two-year term of probation to include 240 days of home confinement. Sawyer will also forfeit a chimpanzee to the Center for Great Apes, located in Wauchula, Florida. Jason Clay was sentenced to serve four months incarceration, followed by 120 days of home confinement and one year of supervised release. Clay will pay a $4,000 fine into the Lacey Act Reward Fund. On July 8, 2025, Bhagavan “Doc” Antle was sentenced to 12 months in prison and ordered to pay a $55,000 fine, serve three years of supervised release, and forfeit three chimpanzees and more than $197,000.

Antle owned and operated The Institute for Greatly Endangered and Rare Species (T.I.G.E.R.S.), also known as the Myrtle Beach Safari. The Myrtle Beach Safari is a 50-acre tropical wildlife preserve in Myrtle Beach. Sawyer worked with Antle, and Clay owned and operated the Franklin Drive Thru Safari, a for-profit corporation that also housed captive exotic species and sold tours.

Antle and Clay illegally trafficked in wildlife (including lemurs, cheetahs, and a chimpanzee) and falsified records in violation of the Endangered Species Act and the Lacey Act. Additionally, Antle and Sawyer laundered more than $500,000 in cash derived from an operation to smuggle illegal immigrants across the Mexican border into the United States. Antle further planned to conceal the cash he received by inflating tourist numbers at the Myrtle Beach Safari. All three pleaded guilty to conspiracy (18 U.S.C. § 371).

The Federal Bureau of Investigation and the U.S. Fish and Wildlife Service Office of Law Enforcement conducted the investigation.


United States v. Hollis G. Hale, et al.

  • Nos. 4:25-CR-00018, 4:24-CR-00006 (District of Montana)
  • ECS Senior Trial Attorney Patrick Duggan
  • ECS Trial Attorney Sarah Brown
  • AUSA Jeff Starnes

On June 11, 2025, a court sentenced Hollis G. Hale to pay a $35,000 fine, complete a four-year term of probation, and perform 100 hours of community service. Hale pleaded guilty to violating the Lacey Act and the Endangered Species Act (16 U.S.C. §§ 1538(a)(1)(G), 3372(d)(2), 3373(d)(3)(B)). Hale conspired with Jack Schubarth to create giant hybrid sheep for captive hunting. Schubarth smuggled Marco Polo argali sheep parts from Kyrgyzstan into the United States. This protected species of sheep, native to high elevations in the Pamir region of Central Asia, is considered the largest in the world.

Hale facilitated the purchase and interstate transport of twelve hybrid Marco Polo Argali sheep from Schubarth and falsely identified 43 species of sheep on a Certificate of Veterinary Inspection. Hale falsified these documents, knowing these sheep are prohibited in Montana. Schubarth was sentenced in September 2024 to six months’ incarceration, followed by three years’ supervised release.

The U.S. Fish and Wildlife Service Office of Law Enforcement and the Montana Department of Fish, Wildlife, and Parks conducted the investigation.


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Defense Contractor Berg Co. Agrees to Pay $3.3M to Resolve Allegations of Causing Fraudulent Bids

Source: United States Department of Justice Criminal Division

Berg Companies Inc. (Berg) has agreed to pay $3.3 million to resolve allegations that it violated the False Claims Act by submitting, or causing the submission of, false claims under prime vendor contracts with the Defense Logistics Agency (DLA), which the Department of Defense (DoD) uses to purchase goods and services.

Berg, based in Spokane, Washington, manufactures rigid wall shelters and sells them to the federal government, including through various prime vendor programs. In September 2019, Berg was acquired by Hunter Defense Technologies, Inc., which is a defense contractor that is based in Solon, Ohio.

Berg was a vendor to Noble Sales Co. Inc. doing business as Noble Supply & Logistics (Noble), which is a Boston-based prime contractor to DLA for Maintenance, Repair & Operations (MRO) contracts for the European Command. Under the MRO contracts, the DoD can place orders for goods and services through Noble. Noble is then required to solicit bids from two independently competing vendors for transactions below $25,000 and from three independently competing vendors for transactions at or above $25,000. According to DLA, MRO contracts are “a partnership aimed at achieving infrastructure savings, inventory cost reductions and favorable product pricing through leveraged buying.”

Pursuant to the settlement agreement, Berg admitted that, from 2019 to 2021, Berg coordinated with Noble and two other Noble vendors to submit inflated quotes for Berg-made rigid wall shelters so that the other vendors would win the awards at inflated prices. In the first scheme, Berg admitted that it coordinated and submitted inflated quotes on two solicitations for the sale of 10 Berg-made rigid wall shelters that Noble awarded to a New Mexico-based vendor. In the second scheme, Berg admitted that it coordinated and submitted inflated quotes on 26 solicitations for the purchase of 29 Berg-made rigid wall shelters that Noble awarded to a Florida-based vendor. As a result of these schemes, the United States contends that the requirements were not competed as required by the prime vendor contract and the military customers were overcharged for the Berg-made rigid wall shelters.

“Bid rigging of this type inhibits competition on the products and on prices, thereby creating the risk that the government is purchasing inferior products at exorbitant prices,” said Assistant Attorney General Brett Shumate of the Justice Department’s Civil Division. “This settlement reinforces the Department’s commitment in using the FCA to pursue anti-competitive fraud.”

“As evidenced in this settlement agreement, these contractors manipulated and undermined the fair and open bidding process designed to save our military and taxpayers money,” said U.S. Attorney Leah B. Foley for the District of Massachusetts. “We commend Berg for cooperating with the government to resolve this matter and taking responsibility for this conduct. As this settlement demonstrates, not only will my Office continue to use the False Claims Act to help root out fraud, waste and abuse involving taxpayer funds, but it will reward those that accept responsibility and cooperate with the government.”

“Collusion in government contracting erodes public trust, distorts fair competition, and drives up costs for taxpayers and service members,” said U.S. Attorney Ryan Ellison for the District of New Mexico. “Such conduct undermines the integrity of the procurement process and betrays the public’s expectation that government funds will be used responsibly. This resolution demonstrates our unwavering commitment to protecting taxpayer dollars, ensuring a level playing field for all businesses, and holding accountable those who seek to profit by manipulating federal contracting. We will continue to work closely with our law enforcement partners to defend the integrity of government procurement and safeguard the interests of the American people.”

“Today’s settlement announcement demonstrates the commitment of the Defense Criminal Investigative Service (DCIS), along with our law enforcement partners, to aggressively pursue those who undermine the integrity of the DoD contracting process,” said Acting Special Agent in Charge Chad Gosch of the Department of Defense Office of Inspector General, DCIS Southwest Field Office. “DCIS will use all available resources to hold accountable those who betray the trust of the American taxpayer by corrupting the DoD procurement system for personal gain.”

“GSA OIG will continue to work with its investigative partners to hold government contractors accountable for concealing relevant information that may affect the award or performance of government contracts,” said Special Agent in Charge Joseph Dattoria of the U.S. General Services Administration, Office of Inspector General, Northeast Division.

Berg cooperated with the government in this matter. As part of the settlement, Berg acknowledged and accepted responsibility for the facts that form the basis of this settlement.

This settlement resolves claims brought against Berg under the qui tam or whistleblower provisions of the FCA, which permit private parties to sue on behalf of the government when they believe that a defendant has submitted false claims for government funds and to receive a share of the recovery. The settlement in this case provides for the whistleblowers, Mark G. Davis and Andrew G. Gunn, to receive a $561,000 share of the recovery. Davis is a U.S. Army veteran and former salesperson for one of the sub-vendors involved in the conspiracy allegation. Gunn is the managing director of a United Kingdom company that manufacturers storage equipment for United States military customers and sold its equipment through this prime vendor’s MRO contracts. The remainder of the matter remains under seal.

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 Offices for the District of New Mexico and District of Massachusetts, with assistance from the Defense Criminal Investigative Services, the Army Criminal Investigation Division, the Air Force Office of Special Investigations, and the General Services Administration Office of Inspector General.

The matter was handled by Trial Attorney Samson Asiyanbi of the Justice Department’s Civil Division, Assistant U.S. Attorney Sean Cunniff of the District of New Mexico, and Assistant U.S. Attorneys Lindsey Ross and Brian LaMacchia of the District of Massachusetts.

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

Defense News in Brief: SecAF, CSAF visit Whiteman AFB following Operation Midnight Hammer

Source: United States Airforce

Department of the Air Force leaders commended top performers within the 509th and 131st Bomb Wings during a visit to Whiteman AFB.

Secretary of the Air Force Troy Meink and Air Force Chief of Staff Gen. David Allvin visited Whiteman Air Force Base on July 10 to commend Airmen on the success of Operation Midnight Hammer.

U.S. Air Force Col. Joshua Wiitala, 509th Bomb Wing commander, right, greets Secretary of the Air Force Troy Meink at Whiteman Air Force Base, Missouri, July 10, 2025.
Secretary of the Air Force Troy Meink is greeted by Col. Joshua Wiitala, 509th Bomb Wing commander, at Whiteman Air Force Base, Mo., July 10, 2025. Department of the Air Force leaders visited Whiteman AFB to commend members following Operation Midnight Hammer, the largest B-2 Spirit operational strike in U.S. history. (U.S. Air Force photo by Senior Airman Joseph Garcia)

The June 21 operation saw seven B-2 Spirit deliver an overnight strike on three Iranian nuclear facilities, the largest B-2 operational strike in U.S. history. In a timeline of just weeks, members of the 509th and 131st Bomb Wings turned strategic planning of an unprecedented operation into global execution.

“The success of this mission demonstrates the precision and potency of a combat-ready Air Force and strategic innovation,” Meink said. “The warfighting capability of the Total Force Airmen here and the B-2 Spirit was tested with the world watching, and Team Whiteman performed flawlessly.”

The complex operation incorporated decoy bombers that flew west over the Pacific Ocean. This deceptive tactic was known ahead of time by only a select few mission planners at Whiteman AFB and key leaders at the Pentagon and U.S. Central Command headquarters. The seven aircraft that executed the mission deployed a total of 14 GBU-57 Massive Ordnance Penetrators, which was the first operational use of the “bunker buster” bombs.

Secretary of the Air Force Troy Meink coins an Airman at Whiteman Air Force Base, Missouri, July 10, 2025.
Secretary of the Air Force Troy Meink coins an Airman at Whiteman Air Force Base, Mo., July 10, 2025. Department of the Air Force leaders visited Whiteman AFB to commend members following Operation Midnight Hammer, the largest B-2 Spirit operational strike in U.S. history. (U.S. Air Force photo by Senior Airman Joseph Garcia)

Secretary of the Air Force Troy Meink and Air Force Chief of Staff Gen. David Allvin meet with members of the 509th and 131st Bomb Wing leadership team at Whiteman Air Force Base, Missouri, July 10, 2025.
Secretary of the Air Force Troy Meink and Air Force Chief of Staff Gen. David Allvin meet with members of the 509th and 131st Bomb Wing leadership team at Whiteman Air Force Base, Missouri, July 10, 2025. Department of the Air Force leaders commended top performers within the 509th and 131st Bomb Wings during the base visit. (U.S. Air Force photo by Senior Airman Joseph Garcia)

U.S. Air Force Chief of Staff Gen. David Allvin shakes hands with an Airman at Whiteman Air Force Base, Missouri, July 10, 2025.
Air Force Chief of Staff Gen. David Allvin shakes hands with an Airman at Whiteman Air Force Base, Mo., July 10, 2025. Allvin serves as the senior uniformed Air Force officer responsible for the organization, training and equipping of active-duty, Guard, Reserve and civilian forces serving in the U.S. and overseas. (U.S. Air Force photo by Senior Airman Joseph Garcia)

During their visit, the senior leaders thanked the members at Whiteman AFB who contributed to the operation and coined those who exemplified excellence throughout all stages of the mission.

“The U.S. Air Force’s ability to project airpower globally with minimal notice is unmatched,” Allvin said. “Our advantage stems from Airmen who are mission-focused and able to adapt to a rapidly evolving strategic landscape. The Airmen here have set the standard for operational precision and execution.”

U.S. Air Force Chief of Staff Gen. David Allvin speaks with Airmen at Whiteman Air Force Base, Missouri, July 10, 2025.
Air Force Chief of Staff Gen. David Allvin speaks with Airmen at Whiteman Air Force Base, Mo., July 10, 2025. Allvin serves as the senior uniformed Air Force officer responsible for the organization, training and equipping of active-duty, Guard, Reserve and civilian forces serving in the United States and overseas. (U.S. Air Force photo by Senior Airman Joseph Garcia)

The pressure of the high-stakes mission was not only felt by the B-2 pilots and operation’s planners. Given a deadline of nearly one week, Airmen assigned to the 509th Maintenance Group were tasked with building and loading the GBU-57 MOPs, refueling the aircraft, and performing preflight inspections ensuring the bombers could carry out their lengthy flights and deploy the weapons.

“I could not be prouder of the men and women of Team Whiteman,” said Col. Joshua Wiitala, 509th Bomb Wing commander. “Operation Midnight Hammer showed the world that we are ready to deliver precision global strike when called upon. We are humbled by the recognition the team is receiving from our nation’s leaders for their perseverance and dedication to our one-of-a-kind mission.”

Being the only installation in the world to operate a stealth bomber makes Whiteman AFB an integral component to U.S. Strategic Command’s mission of deterring strategic attack. As showcased by Operation Midnight Hammer, the B-2 is not only a visible shield, but an invisible sword, ready to deliver lethality – anytime, anywhere.

Defense News in Brief: Sea Breeze 25-2 Concludes Showcasing Unified Mine Warfare Capabilities off UK Coast

Source: United States Navy

PORTLAND PORT, England – Exercise Sea Breeze 25-2 officially concluded following two weeks of multinational mine countermeasure operations in the waters off the United Kingdom’s southern coast July 11, 2025.

Ships assigned to the Sea Breeze 2025-2 Mine Countermeasures (MCM) Task Group sail in formation. Sea Breeze is an annual maritime exercise aimed at building collective capability and agility to restore security and stability in the dynamic Black Sea.
Ships assigned to the Sea Breeze 2025-2 Mine Countermeasures (MCM) Task Group sail in formation. Sea Breeze is an annual maritime exercise aimed at building collective capability and agility to restore security and stability in the dynamic Black Sea. Sea Breeze 2025-2 is focused on mine countermeasure, explosive ordnance disposal, dive operations, and unmanned underwater vehicles. (U.S. Navy Courtesy Photo)

 

Exercise Sea Breeze 25-2 officially concluded following two weeks of multinational mine countermeasure operations in the waters off the United Kingdom’s southern coast July 11, 2025. Naval forces from 14 nations, including NATO allies and partners, demonstrated coordination and enhanced interoperability in a dynamic maritime environment.

From June 30 to July 11, participating forces from Bulgaria, Denmark, Estonia, France, Georgia, Greece, Latvia, Poland, Spain, Sweden, Türkiye, the United Kingdom, and the United States conducted joint mine hunting operations, dive and salvage missions, explosive ordnance disposal, and the deployment of cutting-edge robotic and autonomous systems (RAS).

The culminating demonstration showcased a unified application of these capabilities, reinforcing the collective strength and cohesion of participating nations in high-intensity, multi-domain scenarios.

“The U.S. Navy’s mission is to keep the seas open. Mines restrict that. Our MCM force is small, so we rely heavily on partners and allies. These exercises ensure we can interoperate and conduct mine countermeasure operations together,” said Capt. William Williams, the commodore of Mine Countermeasures Group 6.

At the center of the exercise was a fully integrated, combined headquarters that executed advanced staff planning, targeting operations, and command-and-control across a coalition force. The inclusion of RAS, electronic warfare integration, and real-time situational awareness significantly expanded the participating nations’ capacity to operate across domains.

This year, Exercise Sea Breeze 2025 occurred in two iterations, Sea Breeze 25-1 and 25-2. The first iteration, Sea Breeze 25-1, was hosted by the Romanian Armed Forces at Smardan Range, Romania, June 1-20, 2025.

Since 1997, Exercise Sea Breeze has brought together Black Sea nations, NATO Allies and partners together to train and operate with NATO members in the pursuit of building increased capabilities. Exercise Sea Breeze 2025 is an annual multinational maritime exercise, involving sea, land, and air components co-hosted by the United States and Ukraine to enhance interoperability and capability among participating forces.

Commander, U.S. 6th Fleet, headquartered in Naples, Italy, conducts the full spectrum of joint and naval operations, often in concert with allies, international partners, and other U.S. government departments and agencies to advance U.S. national interests, security, and stability in Europe and Africa.