U.S. Attorney’s Office Announces Election Day Program

Source: US FBI

CHARLOTTE, N.C. – United States Attorney Dena J. King announced today that Assistant United States Attorneys (AUSAs) Michael Savage in Charlotte, and Don Gast in Asheville, will lead the efforts of the Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election.

AUSAs Michael Savage and Don Gast have been appointed to serve as District Election Officers (DEOs) for the Western District of North Carolina, and in that capacity they are responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.

United States Attorney King said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election.  Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence.  The Department of Justice will always work tirelessly to protect the integrity of the election process.”

The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.

Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).  

U.S. Attorney King stated that, “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice.”

In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSAs/DEOs Savage and Gast will be on duty in this District while the polls are open. AUSA Savage can be reached by the public in Charlotte at 704-344-6222, and AUSA Gast can be reached in Asheville at 828-271-4661.

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 704-672-6100.        

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by complaint form at https://civilrights.justice.gov/ or by phone at 800-253-3931.

U.S. Attorney King said, “Ensuring free and fair elections depends in large part on the assistance of the American electorate. It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”

Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.

 

Gastonia Man is Indicted for Laundering Over $380,000 in Wire Fraud Scheme

Source: US FBI

CHARLOTTE, N.C. – A federal grand jury returned a criminal indictment this week, charging Matias Alexander Vinces Aguayo, 24, formerly of Gastonia, N.C., with conspiring with others to launder over $380,000 in illegal proceeds from a wire fraud scheme, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.

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

According to allegations in the indictment, during the scheme, Aguayo owned and operated Keys ‘N Go, a North Carolina company located in Gastonia, which maintained online payment processing accounts with Stripe and Square. In addition, the indictment further alleges that Aguayo owned and controlled personal and business bank accounts with a financial institution, including in the name of Keys ‘N Go, and a cryptocurrency exchange account at Binance.US.

According to allegations in the indictment, Aguayo’s co-conspirators used fraudulently obtained personally identifying information (PII) to open bank accounts online in order to receive promotional money and other fraudulently obtained funds, which was then deposited into the bank accounts. A co-conspirator of Aguayo then allegedly sent the bank account information to Aguayo, who used it to withdraw the money from the accounts via the Keys ‘N Go accounts at Stripe and Square. It is further alleged that, after receiving the Stripe and Square deposits into the Keys ‘N Go bank account at the financial institution, a co-conspirator provided Aguayo with directions to transfer the proceeds from the accounts Aguayo controlled to overseas bank accounts in Pakistan and to cryptocurrency addresses. In total, Aguayo allegedly transferred at least $240,000 to cryptocurrency addresses and via wire transfers. Aguayo earned compensation for his role in the scheme, including keeping a percentage of the money initially deposited into the accounts he controlled.  

The money laundering conspiracy charge carries a maximum sentence of 20 years in prison and a $500,000 fine or twice the value of the property involved in the transaction.

The charges against Aguayo are allegations and the defendant is innocent until proven guilty beyond a reasonable doubt in a court of law.

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

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

Sacramento County Man Pleads Guilty to Cyberstalking

Source: US FBI

SACRAMENTO, Calif. — Michael Jameson Chand, 32, of Sacramento County, pleaded guilty today to cyberstalking, U.S. Attorney Phillip A. Talbert announced.

According to court documents, Chand intentionally engaged in a course of conduct to harass or intimidate the victim, Jane Doe, and used a cellphone and the internet to do so. This course of conduct caused Jane Doe substantial emotional distress, in part, because Chand had previously committed crimes against her. In 2017, Chand was convicted in California for offenses that included eliciting child sexual exploitation material from Jane Doe, who was 15 years old at the time. Chand was sentenced to two years in jail for that conviction.

On Dec. 23, 2019, while on parole, Chand posted a public Facebook post under an alias, including Jane Doe’s full name, falsely claimed that she was dating a murderer, and asking, “please everybody help me get her into a mental hospital if you want her contact info let me know please.” Then, between June and October of 2020, he called her approximately 176 times and left 63 voicemail messages. Many of the voicemail messages contained insults and threats against Jane Doe and her family.

Additionally, Chand created multiple social media accounts, some under aliases, to contact and harass Jane Doe. Using such accounts, he made posts publicly naming Jane Doe, and saying things that were designed to harass and intimidate Jane Doe. For example, in a public Facebook post made on August 5, Chand listed Jane Doe’s full name, her city and state of birth, and included a photo from her social media account, and falsely stated that “she killed her ex [boyfriend].” He also falsely claimed that Jane Doe had planned to move in with and would expose her “baby” to a “rapist,” and wrote, “Please help me find a way to get the poor kid away from her.”

This case is the product of an investigation by the Federal Bureau of Investigation, the Sacramento Sheriff’s Office, and the Sacramento Valley Hi-Tech Task Force. Assistant U.S. Attorneys Adrian T. Kinsella and Christina McCall are prosecuting the case.

Chand is scheduled to be sentenced by U.S. District Judge John A. Mendez on Jan. 7, 2025. Chand faces a maximum statutory sentence of five years in prison and a fine of up to $250,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

Conspiracy and Fraud Charges Added Against Operator of Central California Bio-Lab and His Partner in Connection with Sale of Millions of Dollars in COVID-19 Test Kits

Source: US FBI

FRESNO, Calif. — The operator of a Reedley lab, who was indicted in November 2023, faces additional charges of conspiracy and wire fraud after a federal grand jury returned a 12-count superseding indictment today, U.S. Attorney Phillip A. Talbert announced.

Jia Bei Zhu, 62, a citizen of China, was previously indicted for distributing adulterated and misbranded COVID-19 test kits in violation of the federal Food, Drug, and Cosmetic Act and making false statements to authorities about his identity and involvement with the biolabs. The superseding indictment also charges Zhu’s romantic and business partner, Zhaoyan Wang, 38, a citizen of China, who operated the biolabs Universal Meditech Inc. (UMI) and Prestige Biotech Inc. (PBI) in Fresno and Reedley along with Zhu. UMI and PBI distributed COVID-19, pregnancy, and other types of test kits.

According to court documents, from August 2020 through March 2023, Zhu and Wang conspired to defraud buyers of UMI and PBI’s COVID-19 test kits. They imported hundreds of thousands of COVID-19 test kits from Ai De Ltd., which was a company in China that they controlled, and falsely represented to the buyers that the test kits were made in the United States. They illegally imported the COVID-19 test kits, which they were not approved to import, by falsely declaring them as pregnancy test kits, which they were approved to import.

Zhu and Wang also falsely represented to the buyers that UMI and PBI could make up to 100,000 COVID-19 test kits per week in the United States and that the test kits were made in connection with other labs that were certified by the Centers for Disease Control and Prevention. Finally, they falsely represented to the buyers that the test kits were approved by the Food and Drug Administration (FDA). Zhu and Wang made over $1.7 million through their fraud.

When buyers requested to inspect UMI and PBI’s facilities in Fresno and Reedley, Zhu and Wang denied them access and fabricated reasons for the denial. The fabricated reasons included that the facilities were undergoing construction and renovation, and that proprietary and confidential information and technology was inside. In reality, however, they did not want the buyers to know that UMI and PBI were obtaining the COVID-19 test kits from China.

Zhu is currently detained in custody pending his federal trial. His next status conference is scheduled for Sept. 11, 2024. Wang is not in custody.

This case is the product of an investigation by the Federal Bureau of Investigation and the FDA Office of Criminal Investigations. Assistant U.S. Attorneys Arelis Clemente, Joseph Barton, and Henry Carbajal III are prosecuting the case.

If convicted, Zhu and Wang each face maximum statutory penalties of 20 years in prison for the conspiracy and wire fraud charges, and an additional three years in prison for the distribution of adulterated and misbranded medical device charges. Zhu also faces another five years in prison for the false statements charge. Any sentences, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations. Zhu and Wang are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Trader Arrested for Stealing Trade Secrets From Global Quantitative Trading Firm

Source: US FBI

Edward Y. Kim, the Acting United States Attorney for the Southern District of New York, and James E. Dennehy, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an Indictment charging CHEUK FUNG RICHARD HO with theft and attempted theft of trade secrets.  The charges in the Indictment arise from HO’s alleged scheme to steal trade secrets from his former employer (“Firm-1”), a global quantitative trading firm.  HO was arrested this morning in Los Angeles, California, and will be presented this afternoon before U.S. District Court for the Middle District of California, Magistrate Judge the Honorable Joel Richlin.

Acting U.S. Attorney Edward Kim said: “As alleged, Cheuk Fung Richard Ho abused the trust his former employer placed in him and stole trade secrets to use at his own quantitative trading firm.  Ho allegedly tried to cover his tracks by lying to his former employer repeatedly and asking his employees to delete evidence.  Thanks to the FBI, Ho is now in custody.”

FBI Assistant Director in Charge James E. Dennehy said: “Cheuk Fung Richard Ho allegedly stole and unlawfully shared private proprietary information to clandestinely develop his own firm in collaboration with his employer’s competitors.  The defendant allegedly abused his trusted position by breaching company confidentiality agreements to the detriment of his former firm.  The FBI will continue to apprehend any individual who attempts to garner success through manipulative and dishonest business strategies.”

As alleged in the Indictment:[1]

From approximately July 2019 to approximately August 2021, HO was a research developer and quantitative trader at Firm-1, a global, quantitative trading firm, which trades in equities and other securities on exchanges located in the U.S. and abroad.  Firm-1’s proprietary source code (“Firm-1’s Source Code”), the development of which took years and cost Firm-1 more than one billion dollars, has been the linchpin of Firm-1’s success in these markets.  During the period of HO’s employment at Firm-1, Firm-1 took substantial measures to protect the confidentiality of its Source Code.  Among other things, Firm-1 limited access to Firm-1’s Source Code to only those individuals, like HO, who needed access to it in connection with the duties of their employment.  Employees with access to Firm-1’s Source Code were required to enter into agreements with Firm-1 in which they acknowledged the importance of keeping Firm-1’s Source Code secret and promised to protect the confidentiality of that Source Code throughout their employment—and after their employment concluded.  Firm-1 also implemented numerous physical and network security protocols to prohibit unauthorized access to Firm-1’s Source Code.

In or about the spring of 2021, HO secretly started his own quantitative trading firm (“Firm-2”), which partnered with one of Firm-1’s competitors (“Firm-3”). While still employed at Firm-1, and while taking advantage of the nearly complete access to Firm-1’s Source Code afforded to him as a result of that employment, HO stole valuable trade secrets from Firm-1 (the “Stolen Trade Secrets”) for use in developing the source code for Firm-2 (“Firm-2’s Source Code”). The Stolen Trade Secrets included, among other things, some of the very building blocks of Firm-1’s Source Code, known as “Atoms,” as well as some of its predictive formulas, known as “Alphas.” By stealing these trade secrets, HO was able to quickly launch Firm-2 and begin trading successfully.

Aware that he had misappropriated Firm-1’s trade secrets—and knowing that this theft would injure Firm-1—HO repeatedly lied to Firm-1 about his plans after his employment with Firm-1 concluded.  For example, when Firm-1 asked HO about his post-Firm-1 employment plans, HO omitted any mention of the fact that he had started Firm-2 and he misrepresented his affiliation with Firm-3.  And once Firm-1 learned that HO had started Firm-2, HO sought to destroy evidence.  He directed his employees to delete their internal communications and further directed them to delete the source code history for Firm-2’s Source Code, a direction that HO’s employees did not follow.

*               *                *

HO, 36, of Los Aneles, California, is charged with one count of theft and attempted theft of trade secrets, which carries a maximum sentence of 10 years in prison.

The statutory maximum sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Mr. Kim praised the investigative work of the FBI.

This case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant U.S. Attorneys Rushmi Bhaskaran and Ni Qian are in charge of the prosecution.

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


[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

PAC Treasurer Pleads Guilty to Multi-Year Scheme to Defraud PAC Donors

Source: US FBI

Edward Y. Kim, the Acting United States Attorney for the Southern District of New York, announced that ROBERT PIARO, the treasurer of multiple political action committees (“PACs”), pled guilty today to committing telemarketing wire fraud in connection with his scheme to defraud donors to his PACs through false and misleading statements.  PIARO pled guilty before U.S. District Judge Arun Subramanian. 

Acting U.S. Attorney Edward Y. Kim said: “Robert Piaro deceived hundreds of thousands of donors through false statements and misrepresentations about how contributions to his PACs would be spent.  Piaro’s fraudulent actions not only undermined the trust of donors but also exploited their interest in supporting certain causes for his own personal gain.  Today’s plea highlights this Office’s dedication to holding accountable those who misuse political organizations to defraud and mislead the public.”

According to the allegations in the Indictment, court filings, and statements made in Court:

PACs are entities registered with the Federal Election Commission that may be tax-exempt and collect money to advocate on behalf of or against certain causes and political candidates. 

From at least in or about 2017 up to and including at least in or about December 2022, PIARO was the treasurer and operator of four PACs: Americans for the Cure of Breast Cancer, the Association for Emergency Responders & Firefighters, the US Veterans Assistance Foundation, and Standing By Veterans (the “PIARO PACs”).  PIARO raised millions of dollars from hundreds of thousands of donors nationwide through false statements and misrepresentations about how contributions to the PIARO PACs would be spent.  For example, at PIARO’s direction, the PIARO PACs misrepresented to donors that donations would be used to advance specific legislation, educate lawmakers, and conduct and fund research, when PIARO did not and did not intend to follow through on those representations.    

If you believe you are a victim of fraud perpetrated by PIARO, please contact USANYS.PACFraud@usdoj.gov or the Federal Bureau of Investigation (“FBI”) at 1-800-CALL-FBI or tips.fbi.gov, and find more information here: https://www.justice.gov/usao-sdny/united-states-v-robert-piaro.

*                *                *

PIARO, 74, of Fredonia, Wisconsin, pled guilty to one count of wire fraud in connection with telemarketing, which carries a maximum sentence of 25 years in prison.

The maximum potential sentence is prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  PIARO is scheduled to be sentenced by Judge Subramanian on April 14, 2025.

Mr. Williams praised the outstanding investigative work of the FBI.   

This case is being handled by the Office’s Public Corruption Unit.  Assistant U.S. Attorneys Rebecca T. Dell and Jane Kim are in charge of the prosecution.

Mount Vernon Police Sergeant Pleads Guilty to Depriving an Individual of His Constitutional Rights

Source: US FBI

During a Call for Assistance, Sgt. Mario Stewart Tased a Handcuffed, Restrained Individual Seven Times in Two Minutes

Edward Y. Kim, the Acting United States Attorney for the Southern District of New York, announced that MARIO STEWART, a Sergeant with the Mount Vernon Police Department (“MVPD”), pled guilty today to using excessive force against an individual (the “Victim”) while in Mount Vernon, New York, in violation of the Victim’s rights under the U.S. Constitution.  STEWART pled guilty today before U.S. Magistrate Judge Andrew E. Krause.

Acting U.S. Attorney Edward Y. Kim said: “Mario Stewart betrayed his duty as a Sergeant with the Mount Vernon Police Department.  Stewart was called to the scene to aid a person in emotional distress.  But instead of rendering aid, he deployed his taser on the individual seven times in the span of roughly two minutes, while the individual was helpless, and while several other MVPD officers were on scene to assist.  This Office will fiercely protect constitutional rights and hold accountable those who abuse their authority to violate those rights.”

According to the allegations contained in the Indictment and statements made in court:

On or about March 26, 2019, STEWART was employed as a Sergeant with the Mount Vernon Police Department.  STEWART was assigned to the MVPD’s Emergency Services Unit, which is responsible for, among other things, responding to individuals who are experiencing mental health crises.  On that day, STEWART and six other MVPD officers received a call to assist the Victim in Mount Vernon, New York, as the Victim was experiencing a mental health crisis. 

At the scene, STEWART and the other MVPD officers restrained the Victim, handcuffing his hands behind his back and securing his legs in a restraint bag in preparation to transport the Victim for medical assistance.  When the MVPD officers were unable to pull the restraint bag over the Victim’s chest because the Victim was holding onto one of the bag’s straps, STEWART directed the Victim to release the strap.  While STEWART deployed his taser all seven times, the Victim remained laying on the ground, handcuffed with his hands behind his back and his legs secured in the restraint bag.  STEWART’s actions caused bodily injury to the Victim, including extreme pain.

*               *                *

STEWART, 46, of Brooklyn, New York, pled guilty to one count of deprivation of rights under color of law, which carries a maximum sentence of 10 years in prison.

The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Kim praised the outstanding investigative work of the Federal Bureau of Investigation, and thanked the Westchester County District Attorney’s Office and the Mount Vernon Police Department for their assistance with the investigation.

The prosecution is being handled by the Office’s Civil Rights Unit in the Criminal Division. Assistant U.S. Attorneys Sam Adelsberg and Jared Hoffman are in charge of the prosecution.

Campaign Treasurer for Candidate for Brooklyn Borough President Pleads Guilty to Scheme to Defraud New York City’s Campaign Finance Board

Source: US FBI

Defendant Used Straw Donors and Submitted Forged Documents in Attempt to Steal $400,000 in Matching Funds From New York City

Earlier today, in federal court in Brooklyn, Erlene King pleaded guilty to wire fraud in connection with her attempt to steal funds from New York City’s Campaign Finance Board (CFB).  Today’s proceeding was held before United States District Judge Carol Bagley Amon.  When sentenced, King faces up to 20 years in prison.

Breon Peace, United States Attorney for the Eastern District of New York and James E. Dennehy, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.

“Instead of playing by the rules New York City established for free and fair elections, the defendant attempted to use the city’s matching funds program to give the campaign an unfair advantage,” stated United States Attorney Peace.  “My Office and our law enforcement partners are focused on rooting out corruption in our electoral system to ensure that all candidates are operating on a level playing field.”

Mr. Peace expressed his appreciation to the CFB for its cooperation and assistance during the investigation. 

“Erlene King deprived New York City residents of a fair election by attempting to manipulate hundreds of thousands of dollars in donor contributions to unlawfully favor her candidate,” stated FBI Assistant Director in Charge Dennehy.  “King abused her position as a campaign treasurer and attempted to profit from exploiting a system designed to represent the voices of the city.  The FBI remains steadfast in its mission to eliminate any source of corruption polluting our city’s democratic processes.”

CFB Overview

The CFB oversees and administers a publicly funded campaign finance system in connection with municipal elections in New York City.  This includes a “matching funds program” that provides eligible candidates with public funds based on the number and amount of certain donor contributions. According to the CFB, the program “empowers New Yorkers in every neighborhood to make their voices heard in city elections.”  In addition, the CFB maintains that “by encouraging candidates to raise small-dollar contributions from average New Yorkers, the program increases engagement between voters and those who seek to represent them.”

Candidates running for the Office of the Brooklyn Borough President in the 2021 election cycle were eligible to participate in the CFB’s matching funds program if they met certain criteria.  Among other things, to be eligible to receive public funds, candidates were required to meet a two-part fundraising threshold. Specifically, a candidate had to collect a minimum number of donations and raise a minimum amount of money from New York City residents before the CFB paid any matching funds.

For candidates who ran for the Office of the Brooklyn Borough President during the 2021 election cycle, candidates received up to $8 in matching funds for each $1 of eligible contributions, up to $175 per contributor.  If a candidate received an eligible contribution of $175, then that candidate could collect up to $1,400 in matching funds.  In total, the matching funds program provided up to $1,457,777 in public matching funds to a candidate for the Office of the Brooklyn Borough President.  Because campaigns for Brooklyn Borough President during the 2021 election cycle needed to raise at least $50,000 in eligible contributions to receive any matching funds, any candidate who was eligible to receive matching funds necessarily received at least $400,000 in matching funds from the CFB.

The Scheme

King served as the campaign treasurer for a candidate who ran in a primary for the Office of the Brooklyn Borough President during the 2021 election cycle (Candidate #1).  King admitted that she obtained fraudulent donations for the purpose of inducing the CFB to provide matching funds to Candidate #1’s campaign. A number of those contributions, which were obtained at King’s direction, were fraudulent nominee contributions made in the names of individuals who either did not personally fund the contributions or were later reimbursed for their contributions (i.e., straw donors).  For example, King used CashApp to send money to intermediaries and instructed them to distribute the money to fund contributions from straw donors to Candidate #1.  Other fraudulent contributions were made in the names of individuals whose identities were stolen and who had not personally contributed to Candidate #1. The CFB ultimately determined that the campaign submitted fictitious records and did not pay any public matching funds to the campaign.

The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States  Attorneys Philip Pilmar and Eric Silverberg are in charge of the prosecution, with the assistance of Paralegal Specialist Rachel Friedman.

The Defendant:

ERLENE KING
Age: 71
Brooklyn, NY
E.D.N.Y. Docket No. 24-CR-374 (CBA)

California Man Sentenced for Assaulting Law Enforcement with a Dangerous Weapon During January 6 Capitol Breach

Source: US FBI

            WASHINGTON— A California man was sentenced to prison today after previously pleading guilty to assaulting law enforcement with a dangerous weapon during the Jan. 6, 2021, breach of the U.S. Capitol. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            David Dempsey, 37, of Santa Ana, California, was sentenced to 240 months in prison, 36 months of supervised release, and ordered to pay $2,000 in restitution by U.S. District Judge Royce C. Lamberth. Dempsey previously pleaded guilty to two felony counts of assaulting, resisting, or impeding certain officers with a deadly or dangerous weapon on Jan. 4, 2024.

            According to court documents, Dempsey traveled to Washington, D.C., with others from his home in California and, on the morning of Jan. 6, 2021, attended the “Stop the Steal” rally at the Ellipse. Dempsey was later interviewed standing near a wooden structure representing a hanging gallows, which was fitted with a noose and sign stating, “This is Art.” Dempsey wore a black helmet, vest, sunglasses, and an American flag gaiter covering his neck, mouth, and nose.

            During the interview, Dempsey was asked what he thought of this “work of art” (the gallows), to which he replied, in part: This isn’t just art. This is necessary” and “Them worthless f— s—holes like f— Jerry Nadler, f— Pelosi, uh Clapper, Comey, f— all those pieces of garbage, you know, Obama, all these dudes, Clinton f— all these pieces of s—. That’s what they need. They don’t need a jail cell. They need to hang from these m—f— while everybody videotapes it and f— spreads it on YouTube, B—Tube or whatever f— social media there is.”

            Later, Dempsey walked with others toward the U.S. Capitol building and made his way to the Lower West Terrace Tunnel, the site of some of the most violent attacks against law enforcement on January 6th. Here, Dempsey joined the crowd, pushing into a line of police officers defending the Tunnel. At about 3:36 p.m., Dempsey climbed atop other rioters’ shoulders, arms, and backs to get to the front line.  Upon reaching the front, Dempsey threw a short pole-like object into the Tunnel, striking a police officer. Dempsey shouted, “F— you b—ass cops.”  Dempsey then grabbed onto a police riot shield and continued to yell insults at police.

            At approximately 3:57 p.m., Dempsey attempted to throw a flagpole at officers in the Tunnel, but his throw was inadvertently blocked by a police riot shield held by another rioter. He then grabbed onto an officer’s baton and attempted to pull it away. At about 3:59 p.m., Dempsey, using the Tunnel’s wooden frame as support, kicked the shields of law enforcement officers four times.

            At about 4:01 p.m., Dempsey took a long pole from the crowd and swung it at officers in the Tunnel, striking their shields. He then used his foot to push away a crowd member attempting to take the pole away from him. Court documents say that a short while later, at about 4:07 p.m., Dempsey sprayed two separate bursts of pepper spray into the line of officers.

            For the next several minutes, Dempsey continued his assault on officers in the Tunnel including by throwing water bottles at police, spraying pepper spray at officers, swinging a metal crutch, which struck police; swinging an aluminum people, which also struck police; throwing a folded-up metal pole; and swinging and throwing a long wooden pole, which struck police.

            At about 4:42 p.m., Dempsey retreated from the crowd to rinse pepper spray from his eyes and face. He then returned to the front line and swung a flagpole at the line of officers, striking an officer’s riot shield. Finally, at 5:03 p.m., Dempsey threw two objects at officers in the Tunnel.            

            The FBI arrested Dempsey on Aug. 26, 2021, in California.

            This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Central District of California.

            This case was investigated by the FBI’s Los Angeles and Washington Field Offices, which identified Dempsey BOLO #399 in its seeking information photos. Valuable assistance was provided by the United States Capitol Police and the Metropolitan Police Department.

            In the 43 months since Jan. 6, 2021, more than 1,488 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including nearly 550 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

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

Ex-Law Enforcement and Former Military Officers Charged in Alleged Sham Raid to Extort O.C. Man at Behest of Chinese National

Source: US FBI

LOS ANGELES – Four ex-law enforcement and military officers are scheduled to be arraigned today on a four-count superseding indictment that alleges they acted as a sham law enforcement team that entered an Irvine man’s home and threatened him and his family with violence and deportation unless he turned over nearly $37 million and signed away his rights in a business – worth tens of millions of dollars – that he shared with a wealthy Chinese national who secretly financed the bogus raid.

The superseding indictment filed on August 1, charges the following defendants with one count of conspiracy to commit extortion, one count of attempted extortion, one count of conspiracy against rights, and one count of deprivation of rights under color of law:

  • Steven Arthur Lankford, 68, of Canyon Country, a retired Los Angeles County Sheriff’s Department (LASD) deputy who stopped working for LASD in 2020 and owns a Santa Clarita-based process service company;
  • Glen Louis Cozart, 63, of Upland, a former LASD deputy who owns and operates a San Bernardino County-based private investigation and security services company;
  • Max Samuel Bennett Turbett, 39, of Australia, a United Kingdom citizen and former member of the British military who owns an Australia-based private investigation and asset recovery business; and
  • Matthew Phillip Hart, 41, of Australia, an Australian citizen and former member of the Australian military who owns an Australia-based risk management services business.

The defendants are scheduled to be arraigned this afternoon in United States District Court in downtown Los Angeles.

“It is critical that we hold public officials, including law enforcement officers, to the same standards as the rest of us,” said United States Attorney Martin Estrada. “It is unacceptable and a serious civil rights violation for a sworn police officer to take the law into his own hands and abuse the authority of the Los Angeles County Sheriff’s Department.”

“The defendants in this case allegedly believed they could carry out vigilante justice by using official police powers to enter the home of vulnerable victims and extorting them out of millions of dollars,” said Akil Davis, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “The FBI will not tolerate civil rights violations by anyone who takes the law into their own hands for personal gain or otherwise.”

According to the superseding indictment, the Irvine businessman – identified as “Victim 1” – had an ongoing business dispute with an unindicted co-conspirator – the wealthy Chinese national – regarding their respective ownership interests in Jiangsu Sinorgchem Technology Co. Ltd., a China-based rubber chemical manufacturer. Their dispute led to at least three lawsuits in China and one in Atlanta. In October 2013, the Chinese national alleged in a civil court filing that China had issued a “red notice” for Victim 1, which Victim 1 understood was linked to his business dispute with the unindicted co-conspirator.

In December 2018, the unindicted co-conspirator allegedly contacted Turbett to help locate and recover assets from Victim 1. She said that the long and costly litigation had not been “the smart way” to handle her dispute with Victim 1 and asked Turbett to find a different “solution to finish the problem.” She promised Turbett that if he helped her, “we can both retire.”

In June 2019, Turbett and the unindicted co-conspirator drafted purported settlement agreements calling for Victim 1 to transfer assets – including approximately $36,972,386 in cash as well as lucrative shares in Jiangsu Sinorgchem – to the unindicted co-conspirator.

Turbett allegedly hired Cozart to locate Victim 1 and assemble a team to obtain Victim 1’s signature on the settlement agreements. Cozart, in turn, hired Lankford, then an LASD deputy, who searched Victim 1’s name and date of birth in the National Crime Information Center database using his Justice Data Interface Controller terminal at LASD, in violation of LASD policy that law enforcement databases only be used for law enforcement purposes and not for personal use.

Turbett and Hart flew from Australia to Los Angeles, where they met with Cozart and Lankford to discuss plans for the sham raid. 

On June 17, 2019, Lankford – in violation of LASD policy – drove an unmarked LASD vehicle to Victim 1’s home with Cozart, Hart and Turbett, the superseding indictment alleges. Lankford and Cozart then approached Victim 1 outside his home. Lankford allegedly identified himself as a police officer and showed his badge, while Cozart falsely identified himself as an “Immigration” officer.

Under the guise of a legitimate law enforcement operation, the defendants allegedly entered the home, where they forced Victim 1, his wife, and their two children into one room, took their phones, and prevented them from leaving for hours. Victim 1 was slammed against a wall and choked, the superseding indictment states. Defendants allegedly also threatened to deport Victim 1 and his wife and permanently separate them from their 4-year-old son unless Victim 1 complied with their demands. 

Fearing for his and his family’s safety, the superseding indictment alleges that Victim 1 ultimately signed the documents, thereby relinquishing his multimillion-dollar interest in Jiangsu Sinorgchem.

Although Lankford told Victim 1 that he would be arrested and deported if he reported the incident to police, Victim 1 immediately contacted the Irvine Police Department (IPD) after defendants left his home. Lankford thereafter spoke with an IPD officer and falsely claimed that he had been at Victim 1’s home for a legitimate law enforcement purpose, that Victim 1 consented to all parties being in his home, and that no force was used.

By November 2019, all the defendants had been paid for their efforts. The unindicted co-conspirator paid Turbett’s company approximately $419,813 for services rendered and emailed Turbett to thank him for a “very good job,” the superseding indictment alleges.

An indictment is merely an allegation, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

If convicted, the defendants would face a statutory maximum sentence of 20 years in federal prison for each extortion-related count and up to 10 years in federal prison for each deprivation of rights-related count.  

The FBI is investigating this matter. The Los Angeles County Sheriff’s Department and Irvine Police Department provided substantial assistance.

Assistant United States Attorney Cassie D. Palmer of the Public Corruption and Civil Rights Section is prosecuting this case.