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Florida Telecommunications and Information Technology Worker Charged with Acting as Agent of PRC Government

Source: US FBI

An indictment was unsealed today charging Ping Li, 59, of Wesley Chapel, Florida, with conspiring to act as an agent of the People’s Republic of China (PRC) without notification to the Attorney General and with acting as an agent of the PRC without notification to the Attorney General. If convicted, Li faces a maximum penalty of 15 years in prison. 

According to the court documents, the PRC’s Ministry of State Security (MSS) is in charge of civilian intelligence collection for the PRC. The MSS often uses “cooperative contacts” located in countries outside of the PRC in furtherance of their intelligence goals, which include obtaining information concerning foreign corporate or industrial matters, foreign politicians or intelligence officers and information concerning PRC political dissidents residing in those countries. These cooperative contacts assist the MSS in a variety of ways, including by conducting research on topics of interest to the PRC that can be used to further the MSS’ mission.

The indictment alleges that Li was a U.S. citizen who immigrated to the United States from the PRC. At various times, Li worked for a major U.S. telecommunications company and an international information technology company.

From as early as 2012, Li allegedly served as a cooperative contact working at the direction of officers of the MSS to obtain information of interest to the PRC government. Li obtained a wide variety information at the request of the MSS, including information concerning Chinese dissidents and pro-democracy advocates, members of the Falun Gong religious movement, and U.S.-based non-governmental organizations, and to report that information to the MSS. Li also provided the MSS with information obtained from his employer. Li used a variety of anonymous online accounts for the purpose of communicating with the MSS, and traveled to the PRC to meet with the MSS.

For example, according to the indictment, in August 2012, an MSS officer requested that Li provide information about practitioners of Falun Gong and pro-democracy advocates in the United States. Falun Gong, also known as Falun Dafa, is a religious movement that originated in the PRC in the 1990s. Falun Gong is not one of the five religions formally recognized by the PRC government, and it has been banned since 1999. Its adherents both in China and abroad are of particular interest to the PRC government because of Falun Gong’s advocacy of ideas deemed subversive to the PRC government. Less than a week after receiving this request, Li sent the name and biographical information of an individual affiliated with Falun Gong residing in St. Petersburg, Florida.       

In March 2015, an MSS officer requested information from Li about branch offices that Li’s employer, a major U.S. telecommunications company, had opened in the PRC. Li responded with the requested information three weeks later.          

In March 2017, an MSS officer requested a training instruction plan from Li. In April 2017, Li responded indicating that he had uploaded materials to an online account that he shared with the MSS officer and asked the MSS officer to delete the materials after reading them.         

In May 2021, an MSS officer requested information from Li concerning hacking events targeting U.S. companies, including a widely publicized hacking of a major U.S. company by the Chinese government. Within four days, Li responded with the requested information.      

In March 2022, an MSS officer requested from Li information concerning Li’s new employer, an international information technology company, as well as materials relating to cybersecurity training. That same day, Li sent the requested information about his employer as well as materials relating to cybersecurity training.          

In June 2022, an MSS officer requested from Li information concerning an individual who, according to the officer, had resided in the PRC but fled to the United States, and the name and suspected residential address in the United States of that individual. That same day, Li responded with information about the owners of that residential address.

Assistant Attorney General Matthew G. Olsen of the National Security Division, Executive Assistant Director Robert Wells of the FBI’s National Security Branch and U.S. Attorney Roger B. Handberg for the Middle District of Florida made the announcement.

The FBI is investigating the case.

Assistant U.S. Attorneys Daniel J. Marcet and Karyna Valdes for the Middle District of Florida and Trial Attorney Scott Claffee of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

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

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Colorado Man Convicted of Attempting to Entice a Minor to Engage in Illegal Sexual Activity

Source: US FBI

Gabriel Estrada, 30, of Denver, Colorado, was convicted by a federal jury for attempting to entice a minor to engage in illegal sexual activity. The four-day trial was held before U.S. District Court Judge Alan B. Johnson.

According to trial evidence, Estrada used a chat app to meet up with a 13-year-old persona for sexual intercourse. An undercover agent posed as a 13-year-old female, living in Laramie, Wyoming. Estrada messaged the 13-year-old persona asking if she would have sex with him. He went on to ask the 13-year-old persona if she had any friends that would like to join them in the sexual encounter and asked about her sexual experience. Estrada then drove the two hours from his home to Laramie after confirming the minor would engage in other sexual acts with him. Estrada arrived at the location, along with other physical evidence indicative of his intent to engage in sexual acts with the minor and an iPhone. The iPhone contained the text messages to the 13-year-old persona. Estrada testified that he made the decision to drive from his apartment in Denver to Laramie, even after the minor told him her age. Estrada said he did not believe she was actually 13.

Sentencing has been set for Jan. 13, 2025. Estrada faces 10 years to life imprisonment, up to a $250,000 fine, five years to life supervised release and a $100 special assessment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors in both cases.

This crime was investigated by the Laramie Police Department and Federal Bureau of Investigation and the case was prosecuted by Assistant U.S. Attorney Z. Seth Griswold.

Case No. CR-24-00033

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New Jersey Man Charged with Terrorism Offenses Relating to His Attempted Murder of Salman Rushdie

Source: US FBI

Note: View the indictment here. 

Hadi Matar, 26, of Fairview, New Jersey, was arraigned today in federal court in connection with attempting to provide material support to Hizballah, a designated foreign terrorist organization; engaging in an act of terrorism transcending national boundaries; and providing material support to terrorists. 

“We allege that in attempting to murder Salman Rushdie in New York in 2022, Hadi Matar committed an act of terrorism in the name of Hizballah, a designated terrorist organization aligned with the Iranian regime,” said Attorney General Merrick B. Garland. “The Justice Department will prosecute those who perpetrate violence in the name of terrorist groups and undermine the basic freedoms enshrined in our Constitution.”

“The defendant attempted to carry out a fatwa endorsed by Hizballah that called for the death of Salman Rushdie — a fatwa issued in 1989 by Iran’s Ayatollah Khomeini,” said FBI Director Christopher Wray. “Violence directed at Americans for exercising their First Amendment rights will never be tolerated. The FBI will work with our partners to pursue and hold accountable those who resort to violence.”

“This defendant put time and effort into traveling to the Western District of New York with the intent of taking the life of another,” said U.S. Attorney Trini E. Ross for the Western District of New York. “Only because of the brave efforts of those who were present that day, the defendant was prevented from completing his murderous intention. This indictment is a result of the collaborative efforts of our investigative partners in law enforcement, which is one step towards ensuring that the defendant be held accountable for his actions.”

According to the court documents and statements made by the government in court, between September 2020 and August 2022, Matar attempted to provide material support and resources to Hizballah. Matar did this by attempting to carry out a fatwa calling for the execution of Salman Rushdie, which Matar understood was endorsed by Hizballah.

The indictment further alleges that Matar attempted to kill and did in fact assault Rushdie. Matar was motivated, in part, by a 2006 speech given by Hizballah Secretary General Hassan Nasrallah, in which Nasrallah endorsed the fatwa calling for Rushdie’s death, which was originally issued in 1989.

If convicted, Matar faces a maximum penalty of life in prison. 

The FBI is investigating the case.

Assistant U.S. Attorneys Timothy C. Lynch and Charles M. Kruly for the Western District of New York and Trial Attorney Frank Russo of the Justice Department’s National Security Division’s Counterterrorism Section are prosecuting the case, with assistance from the U.S. Attorney’s Office for the District of New Jersey.

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

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Denver Man Sentenced in Connection with Five Bank Robberies

Source: US FBI

DENVER – The United States Attorney’s Office for the District of Colorado announces that Samuel Richard Ruthstrom, age 42, has been sentenced to 160 months in prison after pleading guilty to five counts of bank robbery.

According to the plea agreement, Ruthstrom robbed four banks and attempted to rob a fifth in Denver. In several of the robberies, Ruthstrom used notes threatening tellers with physical harm if they failed to comply with his demands. Ruthstrom, who was on state parole and living at an inpatient facility at the time of the robberies, stole a box truck to commit three of the crimes.

“Repeat offenders are a menace to our communities, and I strongly support sentences like this one that keep these criminals off our streets,” said Acting United States Attorney for the District of Colorado Matt Kirsch.

“Robbing banks is not a career – it’s a series of crimes that will net you serious federal prison time. That is what this defendant learned once the FBI Rocky Mountain Safe Streets Task Force tracked him down,” said FBI Denver Special Agent in Charge Mark Michalek. “The FBI will continue to work with partners like the Denver Police Department and Metro Denver CrimeStoppers to identify and apprehend violent criminals.”

“The Denver Police Department is proud to see justice served in the case of this repeat offender,” said Denver Police Chief Ron Thomas. “Partnerships between federal and local agencies are critical to stopping bank robberies and other violent crimes.”

The defendant was sentenced by Judge Nina Y. Wang. The case was investigated by the FBI Rocky Mountain Safe Streets Task Force, and the Denver Police Department.  Assistant United States Attorney Brian Dunn handled the prosecution.

Case Number: 1:24-mj-00025-KAS

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Michael D. Nordwall Named Executive Assistant Director of the Criminal, Cyber, Response, and Services Branch

Source: US FBI

Director Christopher Wray has named Michael D. Nordwall as the executive assistant director of the Criminal, Cyber, Response, and Services Branch at FBI Headquarters in Washington, D.C. Mr. Nordwall will oversee all criminal and cyber investigations worldwide, as well as international operations, critical incident responses, and assistance to victims.

Mr. Nordwall most recently served as the assistant director of the Criminal Investigative Division at Headquarters and brings more than 20 years of experience in the Bureau to this position.

Mr. Nordwall began his career with the FBI as a special agent in 2002 in the Phoenix Field Office, working counterterrorism, violent crime, crimes in Indian Country, and organized crime matters. In 2009, he was promoted to supervisory special agent in the Operations Unit of the Weapons of Mass Destruction Directorate at Headquarters. In 2011, he transferred to the Tampa Field Office in Florida to oversee an organized crime drug enforcement strike force.

In 2014, Mr. Nordwall was selected as an associate director in the Department of Justice’s Organized Crime Drug Enforcement Task Forces Executive Office. He served as the primary representative for federal law enforcement and oversaw an attorney general program to disrupt and dismantle the most significant criminal organizations.

Mr. Nordwall returned to the Tampa Field Office in 2016 to lead the Joint Terrorism Task Force. In 2018, he reported to the Denver Field Office as the assistant special agent in charge of the Criminal Branch and all Colorado resident agencies.

In 2019, Mr. Nordwall was promoted to chief of the Transnational Organized Crime Global Section in the Criminal Investigative Division at Headquarters, which manages investigations and intelligence collection against transnational criminal organizations. In 2021, he was promoted to special agent in charge of the Pittsburgh Field Office before returning to Headquarters in 2023 to serve as the assistant director of CID.

Mr. Nordwall earned a bachelor’s degree in chemical engineering from Auburn University in Alabama. Prior to joining the FBI, he worked in the petrochemical industry.

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Cortez Man Pleads Guilty to Making Threats Against Election Official

Source: US FBI

DENVER – The United States Attorney’s Office for the District of Colorado announces that Teak Ty Brockbank, 45, of Cortez, pleaded guilty today to one count of transmitting interstate threats.

According to the plea agreement, Brockbank made a series of online threats toward elections officials in Colorado and Arizona, a Colorado state judge, and federal law enforcement agents between September 2021 and July 2024. On September 22, 2021, for example, Brockbank posted on a social media account: “I live in Communist Colorado and this Crazed liberal [referring to Election Official-1] and many others in Communist Colorado needs to- No has to Hang she has to Hang by the neck till she is Dead Dead Dead. There will be accountability for these peoples actions in Communist Colorado and it won’t be judges and it won’t be weakmided cops that bring it!!! It will be Me it will be You it Will be every day people that understand that there life does not matter anymore with the future our country has laid out before it.”

In the plea agreement, Brockbank also admitted that, during that time, he used that account, as well as another social media account to post messages threatening Colorado and Arizona election officials. Brockbank admitted to other threats as well. On August 4, 2022, for example, Brockbank posted a message referring to separate election officials in Arizona and Colorado and then stated: “Once those people start getting put to death then the rest will melt like snowflakes and turn on each other. . . . This is the only way. So those of us that have the stomach for what has to be done should prepare our minds for what we all [a]re going to do!!!!!! It is time.”

Brockbank also posted a message threatening a Colorado state judge on Oct. 2, 2021: “I could pick up my rifle and I could go put a bullet in this Mans head and send him to explain himself to our Creator right now. I would be Justified!!! Not only justified but obligated by those in my family who fought and died for the freedom in this country. . . . What can I do other than kill this man my self?”

Finally, Brockbank allegedly threatened federal law enforcement on July 20, 2022, posting: “ATF CIA FBI show up to my house I am shooting them peace’s of shit first No Warning!! Then I will call the sheriff!!! With everything that these piece of shit agencies have done I am completely justified to just start dropping them as soon as they step on my property! justified.”

United States District Judge S. Kato Crews presided over the change of plea hearing. The FBI Denver Field Office investigated the case. Trial Attorney Jonathan E. Jacobson of the Criminal Division’s Public Integrity Section and Assistant United States Attorney Cyrus Y. Chung for the District of Colorado handled the prosecution.

Sentencing will be held on February 3, 2025.

This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers — whether elected, appointed, or volunteer — are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. A year after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the Task Force has begun.

Under the leadership of Deputy Attorney General Monaco, the Task Force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Computer Crime and Intellectual Property Section of the Criminal Division, the Civil Rights Division, the National Security Division, and the FBI, as well as key interagency partners, such as the Department of Homeland Security and the U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.

To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found here: www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.

Case Number: 24-cr-00291-SKC

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U.S. Attorney’s Office Announces District Election Officer for General Election in Wyoming

Source: US FBI

Acting U.S. Attorney Eric Heimann announced today that Executive Assistant United States Attorney (EAUSA) Stephanie Sprecher will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election.  Executive AUSA Stephanie Sprecher has been appointed to serve as the District Election Officer (DEO) for the District of Wyoming, and in that capacity is 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.

Acting U.S. Attorney Heimann 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).   

Acting U.S. Attorney Heimann 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, EAUSA/DEO Sprecher will be on duty in this District. She can be reached by the public at the following telephone number (307) 261-5434.”

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 1-800-CALLFBI.

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.

Acting U.S. Attorney Heimann 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.

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Antioch Police Officer Convicted by Federal Jury of Conspiracy and Wire Fraud

Source: US FBI

Morteza Amiri Is Last Of Six East Bay Officers Convicted Of Conspiring to Defraud Their Police Departments By Obtaining Payments And Raises For University Degrees They Paid A Third Party To Complete

OAKLAND – A federal jury convicted police officer Morteza Amiri of wire fraud and conspiracy to commit wire fraud in a scheme to obtain pay raises from the City of Antioch Police Department for a university degree he paid someone else to obtain in his name, announced United States Attorney Ismail J. Ramsey and FBI San Francisco Special Agent in Charge Robert K. Tripp.  The felony verdicts follow a four-day trial before United States Senior District Judge Jeffrey S. White.  Amiri is the sixth officer to be convicted in the conspiracy to commit wire fraud, along with Patrick Berhan, Amanda Theodosy a/k/a Nash, Samantha Peterson, Ernesto Mejia-Orozco, and Brauli Rodriguez Jalapa.

“We expect integrity and honesty from every police officer, every day, in the police departments across this country,” said U.S. Attorney Ismail Ramsey. “Amiri failed to uphold these basic responsibilities, and a federal jury has convicted him of defrauding his employer, the Antioch Police Department.  He, along with the other officers he conspired with, now face the consequences of violating the rule of law that they swore to uphold.”

“Amiri engaged in a calculated conspiracy to defraud his police department of taxpayer funds. His actions were a violation of the law and a grave betrayal of public trust,” said FBI Special Agent in Charge Robert Tripp. “Amiri and his co-conspirators’ deception has no place in law enforcement. With this conviction, he now faces the consequences of his actions.”

Amiri, 33, was employed as a Police Officer with the Antioch Police Department.  At trial, the evidence presented showed that the City of Antioch and City of Pittsburg’s Police Departments offered reimbursements toward higher education tuition and expenses, along with pay raises and other financial incentives upon completion of a degree.  However, instead of completing higher education coursework on their own, Amiri and his co-conspirators hired someone to complete entire courses on their behalf at an online university to secure a bachelor’s degree in Criminal Justice.  Amiri and his co-conspirators then represented they had taken those courses and earned the degrees from the university when requesting reimbursements and financial incentives from their police department employers, the City of Antioch and the City of Pittsburg.  They were in turn paid additional financial incentives, calculated as percentages of their salaries, while they remained employed by their police departments.

In a span of two years, the conspiracy included numerous other officers and former officers, including Berhan (Pittsburg PD), Amiri (Antioch PD), Theodosy a/k/a Nash (Pittsburg PD), Peterson (Antioch PD), Mejia-Orozco (Pittsburg PD), and Rodriguez Jalapa (formerly Pittsburg PD).

The evidence at trial showed that Amiri texted the person who took his classes for him, writing among other things: “can i hire you [ ] to do my … classes? ill pay you per class”; “don’t tell a soul about me hiring you for this. we can’t afford it getting leaked and me losing my job”; “if i submit my request for the degree on time by the end [ ] of the month i can coordinate my raise in a timely manner”; and “I’m gonna rush order my degree to get my pay raise jump started.”

On the basis of courses taken by this person, Amiri “earned” a bachelor’s degree in Criminal Justice.  Amiri applied for and thereafter received financial incentives from the City of Antioch for having completed university courses and earning a bachelor’s degree.

The jury convicted Amiri of one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and one count of wire fraud, in violation of 18 U.S.C. § 1343.

U.S. Senior District Judge Jeffrey S. White scheduled Amiri’s sentencing for November 12, 2024.  Each of the two counts of conviction carries a maximum sentence of 20 years in prison.  The Court may also order a fine, restitution, and supervision upon release from prison as part of any sentence.  However, any sentence will be imposed by the Court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

A federal grand jury in San Francisco returned multiple indictments on August 16, 2023, that collectively charged ten current and former officers and employees from the Antioch and Pittsburg police departments with federal crimes.  Amiri is the last officer to be convicted in the conspiracy to commit wire fraud case.

Amiri is scheduled for trial in another related case in February 2025.

Here is the status of the cases:

Case Number

Statute(s)

Defendant

(Bold: multiple case numbers)

Status

23-cr-00264

18 U.S.C. §§ 1349 (Conspiracy to Commit Wire Fraud; 1343 (Wire Fraud)

Patrick Berhan

Pleaded guilty 3/26/24, sentencing set for 9/3/24

Morteza Amiri

Convicted at trial 8/8/24, sentencing set for 11/12/24

Amanda Theodosy a/k/a Nash

Pleaded guilty 7/30/24, sentencing set for 11/5/24

Samantha Peterson

Pleaded guilty 1/9/24, sentenced 4/23/24

Ernesto Mejia-Orozco

Pleaded guilty 6/11/24, sentencing set for 9/17/24

Brauli Rodriguez Jalapa

Pleaded guilty 6/25/24, sentencing set for 10/22/24

23-cr-00267

18 U.S.C. §§ 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations); 1512(c)(2) (Obstruction of Official Proceedings); 242 (Deprivation of Rights Under Color of Law)

Timothy Manly Williams

Pending

23-cr-00268

21 U.S.C. §§ 846 (Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids), 841(a)(1), and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids)

Daniel Harris

Status set for 8/13/24

21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) (Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids);

18 U.S.C. § 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations)

Devon Wenger

23-cr-00269

18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law); § 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations)

Morteza Amiri

Trial set for 2/18/25

18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)

Eric Rombough

18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)

Devon Wenger

24-cr-00157

21 U.S.C. §§ 841(a)(1) and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids)

Patrick Berhan

Pleaded guilty 3/26/24, sentencing set for 9/3/24

This prosecution is the result of an investigation by the FBI and the Office of the Contra Costa County District Attorney.
 

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East Bay Man Faces Federal Charges for Firebombing a University Police Vehicle

Source: US FBI

Defendant Placed Molotov Cocktails Underneath a UC Berkeley Police Car and Lit Them on Fire

OAKLAND – A federal grand jury has returned an indictment charging an East Bay man with firebombing a University of California Police Department (UCPD) patrol car, announced U.S. Attorney Ismail J. Ramsey for the Northern District of California and FBI San Francisco Special Agent in Charge Robert K. Tripp.

According to the indictment, on June 1, 2024, Casey Robert Goonan, 34, of Oakland and Pleasant Hill, went to the campus of the University of California, Berkeley. He was carrying a reusable shopping bag that contained six explosive devices commonly known as “Molotov cocktails.”

Goonan then kicked the shopping bag underneath the fuel tank of a marked UCPD patrol vehicle and ignited the Molotov cocktails, as depicted below:

The patrol vehicle caught on fire, as depicted below:

In part due to the rapid response of UCPD officers, the patrol vehicle did not explode. It did, however, suffer significant damage to its rear seats, fuel port, and trunk, and was deemed a total loss.

Goonan stands charged with one count of Maliciously Damaging or Destroying Property Belonging to an Institution Receiving Federal Financial Assistance by Means of Fire or an Explosive, in violation of 18 U.S.C. § 844(f)(1); one count of Maliciously Damaging or Destroying Property Used in or Affecting Interstate Commerce by Means of Fire or an Explosive, in violation of 18 U.S.C. § 844(i); and one count of Possession of an Unregistered Firearm, in violation of 26 U.S.C. § 5861(d).

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Goonan faces a maximum sentence of 20 years in prison and a minimum sentence of five years in prison as to each count of Maliciously Damaging or Destroying Property by Means of Fire or an Explosive, and a maximum sentence of 10 years in prison as to the Possession of an Unregistered Firearm count. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Goonan was arraigned on the Indictment this morning before Chief United States Magistrate Judge Donna M. Ryu. He pleaded not guilty to the charges. Judge Ryu previously ordered Goonan detained pending trial, and he remains in federal custody.

Goonan’s next court appearance is scheduled for September 17, 2024, before Senior United States District Judge Jeffrey S. White in Oakland.

The National Security and Cyber Section of the U.S. Attorney’s Office for the Northern District of California is prosecuting the case. The prosecution is the result of an investigation by the FBI; the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); the California Office of the State Fire Marshal (CalFire); and the University of California Police Department.

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Former Federal Correctional Officer Faces Additional Charges Involving Sexual Abuse of Inmates and a Federal Civil Rights Violation

Source: US FBI

OAKLAND – A federal grand jury issued a superseding indictment yesterday charging former correctional officer Darrell Wayne Smith with 15 counts of sexual abuse, including a civil rights violation, against five female victims who were inmates under his custody and control at Federal Correctional Institution, Dublin (FCI Dublin).

“As alleged, Officer Daryl Smith engaged in appalling criminal acts when he sexually abused those in his care and custody,” said Deputy Attorney General Lisa Monaco. “This superseding indictment is the latest product of the Department’s ongoing work to seek justice for victims of sexual assault at FCI Dublin. We remain steadfast in our commitment to root out sexual assault within the BOP and hold to account those who so egregiously violate their duty.”

“Federal prison guards must treat prisoners humanely,” said U.S. Attorney Ismail Ramsey. “Victimizing inmates sexually and denying them basic civil rights must end. Today’s superseding indictment demonstrates my office’s commitment to uncover such misconduct and prosecute officers who allegedly perpetrate such abuse.”

“Today’s superseding indictment includes three new allegations of sexual assault by Smith, a Correctional Officer at FCI Dublin. The 15 charges against Smith allege he sexually abused multiple inmates over several years, including brazen and violent acts. The Department of Justice Office of the Inspector General is committed to aggressively investigating allegations of abuse at FCI Dublin and across the Federal Bureau of Prisons,” said Inspector General Michael E. Horowitz.

“The defendant’s alleged actions are some of the most disturbing charges we’ve seen for a former federal corrections officer,” said Executive Assistant Director Michael D. Nordwall of the FBI’s Criminal, Cyber, Response, and Services Branch. “Sexual abuse scars everyone who survives it but can be particularly traumatizing when it’s perpetrated by someone in a position of trust or authority. The FBI is steadfast in our commitment to defending the civil rights of everyone and investigating anyone who allegedly violates this fundamental protection.”

“These allegations of sexual abuse are deeply troubling,” said FBI San Francisco Special Agent in Charge Robert K. Tripp. “We are committed to enforcing civil rights statutes and holding accountable those who abuse their positions.”

The initial federal indictment against Darrell Wayne Smith, 55, now residing in Florida, was filed April 13, 2023, and charged him with engaging in illegal sexual acts with three female inmates while he was employed at FCI Dublin as a correctional officer. The initial indictment charged 12 counts that alleged 12 acts occurring between May 2019 and May 2021 in which Smith engaged in separate sexual conduct with each of the three inmate victims.

The superseding indictment issued yesterday, which supplants the initial indictment, identifies two additional victims and charges 15 counts against Smith. It charges all 12 counts of sexual abuse that were charged in the initial indictment and adds two new counts of sexual abuse, each involving one of the two additional victims. Each additional victim is described as being an inmate at FCI Dublin who suffered abusive sexual conduct by Smith while under his custodial and disciplinary control. Smith’s charged sexual conduct is now alleged to have begun as early as August 2016.

The superseding indictment also charges a third new count that alleges a federal civil rights violation by Smith. The civil rights violation arises from aggravated sexual abuse that Smith is alleged to have perpetrated against one of the female inmates.

Each alleged victim is identified in the superseding indictment by initials only and is alleged to have been in official detention and under Smith’s custodial, supervisory, and disciplinary authority at the time of the charged conduct. Each count in the superseding indictment corresponds with one encounter during which Smith allegedly engaged in unlawful sexual acts or contact with one of the victims, except for the newly charged civil rights violation which is based upon alleged aggravated sexual abuse also charged in another count.

Smith is now charged with six counts of sexual abuse of a ward, seven counts of abusive sexual contact, one count of aggravated sexual abuse, and one count of deprivation of rights under color of law.

The charges presented in the superseding indictment are merely allegations and the defendant is presumed innocent unless proven guilty in a court of law.

Smith’s arraignment on the superseding indictment has not yet been set. However, Smith is currently set to begin jury trial on March 17, 2025, in front of U.S. District Judge Yvonne Gonzalez Rogers for the Northern District of California.

If convicted, he faces a maximum penalty of life in prison for each count of aggravated sexual abuse and deprivation of rights under color of law. Additionally, Smith faces a statutory maximum penalty of 15 years in prison for each count of sexual abuse of a ward and a maximum penalty of two years in prison for each count of abusive sexual contact. In addition, as part of any sentence the court will order a term of supervised release and may order a fine of up to $250,000 for each count, restitution and additional assessments. A federal district court judge will determine a sentence only after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant U.S. Attorneys Molly Priedeman and Andrew Paulson for the Northern District of California are prosecuting the case, with the assistance of Kay Konopaske. The prosecution is the result of an investigation by the FBI and DOJ-OIG.