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.

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

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.

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.
 

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.

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.

U.S. Attorney Announces Law Enforcement Actions Directed at Fentanyl Trafficking in Santa Cruz County

Source: US FBI

SAN JOSE – The U.S. Attorney’s Office for the Northern District of California has filed a series of federal criminal complaints charging three defendants with possession with the intent to distribute fentanyl in Santa Cruz County, announced United States Attorney Ismail Ramsey and Drug Enforcement Administration (DEA) Special Agent in Charge Brian Clark. The complaints have been filed as part of a law enforcement operation focused on investigating and prosecuting fentanyl traffickers and illegal open-air fentanyl drug markets in the Santa Cruz area.

“The dramatic increase in the use of fentanyl in the last five years has destroyed countless lives in and around Santa Cruz County. We stand prepared to work with our federal and local law enforcement partners to address the damage being done to our communities,” said U.S. Attorney Ramsey. “We will seek to bring to justice the purveyors of this poison in our neighborhoods – if you are considering selling fentanyl in Santa Cruz, it is time to think again.”

“The dangerous shift from plant-based drugs to synthetic has created the deadliest drug threat facing our nation, fentanyl. This insidious drug has provided the fuel for 70% of the poisoning deaths last year and requires a multi-agency approach to save lives,” said DEA Special Agent in Charge Brian Clark. “DEA will do everything in our power to prevent those peddling poison in Santa Cruz from destroying more lives.”

“The impacts we’ve seen from fentanyl in our community have been devastating and unlike any drug I’ve seen in my 36 years in law enforcement,” said Santa Cruz County Sheriff Jim Hart. “The surge in overdose deaths has shattered families and left us facing an unprecedented public health crisis. By establishing our Fentanyl Task Force and forming these crucial partnerships with state and federal agencies, we are dedicated to holding those who distribute this poison accountable. This should serve as a message to those who are choosing to sell drugs in our community that we are not taking this lightly.”

According to the filed criminal complaints, the distribution of fentanyl has fueled a dramatic increase in overdose deaths over the last years. According to these documents, 133 people died of fentanyl-related overdoses in Santa Cruz County in 2023. The County’s population was approximately 261,547. By contrast, in 2019, Santa Cruz County experienced 5 fentanyl-related overdose deaths.

The defendants named in these complaints are Miguel Geronimo, 30, Jesus Nunez Martinez, 49, and Oscar Angel Alvarez, 28. A separate criminal complaint has been filed against each defendant.

According to the complaint filed against Geronimo, on May 1, 2024, shortly before noon, detectives from the Santa Cruz County Sheriff’s Office were patrolling the area of 115 Coral Street in Santa Cruz that is known to be a common drug-trafficking area. The detectives observed multiple persons entering and exiting a van, none spending more than a couple of minutes in the van. The deputies approached and allowed a drug-sniffing dog to circle the vehicle. The dog positively alerted to the van, indicating the presence of certain narcotics. In the van, the detectives encountered Geronimo, who was lying down in the back-passenger section of the van, and another person who was in the front passenger seat. Detectives searched the van and found approximately 86.6 grams of fentanyl, sales paraphernalia, and over $3,300 in cash. Geronimo is charged with possession with intent to distribute fentanyl.

According to the complaint filed against Martinez, on February 9, 2024, detectives with the Santa Cruz County Sheriff’s Office spotted Martinez driving with a suspended driver’s license and expired tags. The complaint alleges another deputy arrived with a drug-sniffing dog and allowed the dog to circle Martinez’s vehicle. After the dog alerted the deputies to the presence of drugs, deputies searched the car. The complaint details that the investigating deputies found various items, including a distributable amount of actual methamphetamine, sales paraphernalia, and over $750 in cash in the vehicle. Furthermore, more than a month later, on March 29, 2024, sheriff’s detectives conducted a traffic stop on Martinez for failing to stop at a stop sign. Another search of Martinez’s car resulted in the seizure of additional drugs, sales paraphernalia, and over $400 in cash. On this occasion, Martinez possessed a distributable amount of fentanyl and carfentanil, a fentanyl analogue and synthetic opioid that is approximately 100 times more potent than fentanyl. Martinez is charged with possession with intent to distribute fentanyl, carfentanil, and methamphetamine.

According to the complaint filed against Alvarez, the defendant was found in possession of various controlled substances, including fentanyl, in the early morning of February 5, 2024. More specifically, the complaint describes how a sheriff’s deputy was patrolling the area of the 500 block of Water Street in Santa Cruz—an area known for drug trafficking, drug use, and other crime. At approximately 4:12AM, the deputy spotted Alvarez outside the main office of a motel, wearing two backpacks. The deputy approached Alvarez, who claimed he was trying to get a room, although the lobby of the hotel was empty, and Alvarez walked away from the hotel lobby and to the rear of the motel. A later search of Alvarez and the backpacks revealed more than 15 baggies of suspected drugs packaged for sales and more than $2,500 cash. After subsequent testing, the substances in Alvarez’s possession were found to include more than 150 grams of fentanyl, over 95 grams of methamphetamine, and more than 50 grams of cocaine. Additionally, according to the complaint, Alvarez was found with approximately 54.4 grams of p-Fluorofentanyl and 27.781 grams of methamphetamine HCL during a traffic stop on May 29, 2024. Alvarez has been charged with possession with intent to distribute fentanyl, methamphetamine, and cocaine, on February 5, 2024.

In sum, if convicted, the defendants face the following charges:

Defendant

Charges

Maximum Statutory Penalties

Miguel Geronimo

Possession with intent to distribute fentanyl

(21 U.S.C. 841(a)(1) and (b)(1)(C))

20 years of imprisonment; maximum lifetime of supervised release (minimum term of 3 years of supervised release); $1 million fine

Jesus Nunez Martinez

Possession with intent to distribute 5 grams or more of actual methamphetamine

(February 9, 2024)

(21 U.S.C. § 841(a)(1), (b)(1)(B))

40 years of imprisonment (mandatory minimum of 5 years of imprisonment);

maximum lifetime supervised release (mandatory minimum of 4 years of supervised release); $5 million fine

Possession with intent to distribute fentanyl and carfentanil

(March 29, 2024)

21 U.S.C. § 841(a)(1), (b)(1)(C)

20 years imprisonment; maximum lifetime of supervised release (minimum term of 3 years of supervised release); $1 million fine

Oscar Angel Alvarez

Possession with intent to distribute 40 grams or more of fentanyl

(21 U.S.C. § 841(a)(1), (b)(1)(B)(vi))

40 years of imprisonment (mandatory minimum of 5 years of imprisonment); maximum lifetime of supervised release (mandatory  minimum 4 years of supervised release); $5,000,000 fine

Possession with intent to distribute 5 grams or more of actual methamphetamine

(21 U.S.C. § 841(a)(1), (b)(1)(B)(viii))

40 years of imprisonment (mandatory minimum of 5 years of imprisonment); maximum lifetime of supervised release (mandatory  minimum 4 years of supervised release); $5,000,000 fine

Possession with intent to distribute cocaine

(21 U.S.C. § 841(a)(1), (b)(1)(C))

20 years of imprisonment; maximum lifetime of supervised release (mandatory minimum of 3 years of supervised release); $1,000,000 fine

A criminal complaint merely alleges a crime has been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The three criminal complaints were filed by the U.S. Attorney in partnership with the DEA and based on the invaluable work of the Santa Cruz County Sheriff’s Office. The complaints were unsealed in conjunction with proactive law enforcement action by the DEA, Santa Cruz County Sheriff’s Office, and other federal and local partners to address the growing use of fentanyl in Santa Cruz County. On July 11, 2024, federal and local law enforcement collaborated in a joint street enforcement operation focusing on the open-air fentanyl markets in the Santa Cruz area. This enforcement activity resulted in the seizure of fentanyl, a ghost gun, ammunition, and multiple arrests by state authorities of persons possessing drugs for sale.

Martinez made his initial federal court appearance to face the charges on July 15, 2024, before the Hon. Virginia K. DeMarchi, United States Magistrate Judge for the Northern District of California. Martinez was temporarily ordered detained, and a detention hearing in his case is set for July 19, 2024, at 1:00 p.m. at the United States District Court in San Jose. Neither Alvarez nor Geronimo have made their initial appearances on the above-listed federal charges.

Assistant U.S. Attorneys Johnny E. James, Jr., Jeffrey A. Backhus, and Sarah Griswold are prosecuting the cases with assistance from Elise Etter, Susan Kreider, and Lynette Dixon. These prosecutions are the result investigations by the Santa Cruz County Sheriff’s Office and the DEA, with operational assistance from the Federal Bureau of Investigation and the Santa Cruz Police Department. The U.S. Attorney’s Office thanks the Office of the Santa Cruz County District Attorney for its cooperation in bringing the federal prosecutions of these defendants.

Former Hospitality Executive Sentenced to More Than Five Years in Prison for Multiple Fraud Schemes

Source: US FBI

Defendant Geoffrey Palermo Bilked Owners of a Hilton Hotel Out of More Than $1.5 Million As Part of Kickback Scheme, Fraudulently Obtained SBA and PPP Loans for His Car Repair Shop Business, and Failed to Pay Over Taxes Withheld from Employee Paychecks

SAN FRANCISCO – Geoffrey Palermo, a former hospitality executive who went on to operate numerous auto repair shops in the Bay Area, was sentenced to 65 months in prison, following his conviction on wire fraud, failing to pay over taxes, and other charges, announced First Assistant United States Attorney Patrick Robbins, Federal Bureau of Investigation Special Agent in Charge Robert K. Tripp, and IRS Criminal Investigation Acting Special Agent in Charge Michael Mosley of the Oakland Field Office. The sentence was handed down by the Honorable James Donato, U.S. District Judge.

Palermo, 60, of Novato, Calif., pleaded guilty on March 11, 2024, to one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; two counts of honest services wire fraud, in violation of 18 U.S.C. §§ 1343 and 1346; one count of wire fraud, in violation of 18 U.S.C. § 1343; one count of making a false statement to a bank, in violation of 18 U.S.C. § 1014; and one count of willful failure to collect or pay over tax, in violation of 26 U.S.C. § 7202. He had been charged in a Second Superseding Indictment in October 2021 with these charges.

During the relevant time, 2008 through 2016, Palermo was working as the manager of the Hilton hotel located in downtown San Francisco. During this timeframe, Palermo had authority to enter into contracts, choose contractors, and otherwise manage construction and capital improvement projects at the hotel.

According to his plea agreement, Palermo admitted he devised a kickback scheme involving contractors to deprive the Hilton hotel’s owners of more than $1.8 million in kickbacks that went to Palermo. As part of the scheme, Palermo agreed with one contractor, Adan Roldan, 56, of Roseville, Calif., that Roldan would submit falsely inflated invoices for construction and renovation work at the hotel, that Palermo would approve the false invoices, and that Roldan and the second contractor would pay a kickback to Palermo associated with the falsely inflated invoices. From 2013 through 2016, as a result of this scheme, Palermo approved—and the hotel’s owners paid—over $6.4 million to A. Roldan Construction based on invoices submitted by Roldan’s construction company. In exchange, Roldan paid more than $1.6 million in kickbacks to Palermo. Additionally, in 2014 and 2015, Palermo approved—and the hotel’s owners paid—over $2 million to a second contractor based on falsely inflated invoices submitted by that contractor, and the contractor paid Palermo over $300,000 in kickbacks. In exchange for kickbacks, Palermo continued to hire Roldan and the second contractor to do work at the Hilton.

According to Palermo’s plea agreement, after leaving his job as a manager at the Hilton San Francisco in 2016, Palermo managed GMP Cars, LLC, a collision and auto repair business he owned and controlled. Beginning in approximately August 2019 and continuing through December 2019, Palermo devised and participated in a scheme to obtain approximately $5 million in Small Business Administration (SBA) loans for GMP Cars from a commercial lender by making false statements and omissions in loan applications. Specifically, when applying for SBA loans, GMP Cars failed to disclose that its business banking account was overdrawn by more than $700,000, presented false bank statements showing inflated cash balances, submitted an incomplete debt schedule, submitted false financial statements showing inflated revenue, and presented falsified documents relating to an acquisition.

Furthermore, according to the plea agreement, on April 3, 2020, Palermo caused GMP Cars to make false statements in its application for a Paycheck Protection Program (“PPP”) loan. Specifically, Palermo caused GMP Cars to falsely certify on its loan application that it had employees for whom it paid salaries and payroll taxes, and Palermo caused GMP Cars to submit a purported payroll summary showing that payroll taxes were being accrued and paid when in fact Palermo had caused GMP Cars to not pay payroll taxes.

Also as part of his plea agreement, Palermo admitted that as the owner and manager of GMP Cars he had a duty to collect, account for, and pay over employee federal income tax, Social Security tax, and Medicare tax. Palermo admitted that in 2018 he caused GMP Cars to withhold federal income tax, Social Security tax, and Medicare tax totaling more than $1 million. Palermo willfully caused GMP Cars to fail to pay over to the IRS more than $1 million in federal taxes withheld from employee paychecks owed to the IRS for 2018.

A federal grand jury issued a second superseding indictment against Palermo and Roldan on October 5, 2021. Palermo and Roldan were charged with one count of wire fraud conspiracy, in violation of 18 U.S.C. § 1349. Palermo was charged with two counts of wire fraud and honest services wire fraud, in violation of 18 U.S.C. §§ 1343 and 1346; one count of wire fraud, in violation of 18 U.S.C. § 1343; one count of making a false statement to a bank, in violation of 18 U.S.C § 1014; and four counts of failure to collect or pay over taxes due and owed, in violation of 26 U.S.C § 7202. At Palermo’s sentencing, the three outstanding tax counts were dismissed pursuant to the plea agreement between Palermo and the United States, and the related case, United States v. Palermo, Case No. 21-cr-187 JD, was also dismissed.

Palermo has been detained since June 27, 2023.

In addition to the 65-month sentence, Judge Donato ordered Palermo to serve three years of supervised release, which will begin after he leaves prison. Judge Donato scheduled a hearing for August 19, 2024, to determine issues regarding restitution and forfeiture.

On March 11, 2024, Roland pleaded guilty to one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349. His sentencing hearing is scheduled for August 12, 2024.

Assistant U.S. Attorneys Christiaan Highsmith and Noah Stern are prosecuting the case with the assistance of Aarian Beti. The prosecution is the result of an investigation by the FBI and IRS-CI.

Husband and Wife Sentenced for $65 Million TRICARE Fraud

Source: US FBI

NEWS RELEASE SUMMARY – January 25, 2024

SAN DIEGO – Jimmy and Ashley Collins, a married couple living in Birchwood, Tennessee, were sentenced in federal court today for orchestrating a health care fraud scheme that bilked TRICARE – the health care program that covers United States service members – out of more than $65 million.

Jimmy Collins received a 10-year prison sentence and was immediately taken into custody; Ashley Collins was sentenced to 18 months home confinement. The couple was ordered to pay $65,679,512.71 in restitution to Defense Health Agency and TRICARE.

The couple pleaded guilty in July 2023, admitting they worked with others to recruit sham TRICARE beneficiaries, mainly Marines from southern California who agreed to receive expensive, compounded medications in return for a kickback of approximately $300. Doctors and a nurse practitioner at Choice MD, a Tennessee medical clinic owned and operated by the Collinses, then wrote prescriptions for the sham TRICARE beneficiaries, despite never examining the patients.

Choice MD sent the prescriptions to The Medicine Shoppe, a small pharmacy in Bountiful, Utah, which filled the prescriptions and later received reimbursement from TRICARE.  At the peak of the conspiracy, The Medicine Shoppe billed TRICARE over $10,000 (and at times upwards of $20,000) per fraudulent compounded prescription. 

Between December 2014 and May 9, 2015 – the day TRICARE stopped reimbursing for compounded medications – the conspirators wrote thousands of fraudulent prescriptions amounting to $65,679,512 in fraudulent reimbursements.

The owners of The Medicine Shoppe then paid kickbacks to the Collinses based on a percentage of the TRICARE reimbursement. Between approximately February and July 2015, these kickback payments to the Collinses totaled at least $45.7 million dollars. The Collinses, in turn, kicked back a small percentage of that money (approximately 10 percent) to recruiters working as part of their network, including defendants Josh Morgan, Kyle Adams, and Daniel Castro.

Authorities seized numerous items and properties purchased by the Collinses and others with the proceeds of the fraud: an 82-foot yacht; multiple luxury vehicles, including two Aston Martins; a multimillion-dollar investment annuity; gold and silver bars; dozens of pieces of farm equipment and tractor-trailer trucks; and three pieces of Tennessee real estate.

The Collinses are the latest members of the conspiracy to be sentenced. The doctors who prescribed the compounded creams, and the corporate owner of the pharmacy that filled these prescriptions, were previously sentenced for their roles in the conspiracy to commit healthcare fraud. The patient recruiters and the nurse practitioner who facilitated the conspiracy await sentencing.

“Access to medical care is not a benefit for the service member, it’s a benefit to the rest of America to have a healthy and well cared for military force,” said U.S. Attorney Tara McGrath. “Today, defendants who defrauded millions of tax dollars intended for the care of our nation’s service members were held accountable for their crimes. Yachts and Aston Martins are a fantasy now, and prison is the reality.”

“Today’s sentencing demonstrates the commitment of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), and our law enforcement partners, to aggressively pursue illegal actions that pilfer taxpayer funds and degrade our military healthcare system,” said Acting Special Agent-in-Charge Gregory Shilling, DCIS Southwest Field Office.  “DCIS will continue to diligently investigate these schemes in order to protect our service members and their families.”

“TRICARE fraud is not a victimless crime; it is theft of taxpayer dollars that would be directly used in support of the health and readiness of our warfighters,” said Special Agent-in-Charge Greg Gross of the NCIS Economic Crimes Field Office, “Today’s sentencing demonstrates NCIS’ and our law enforcement partners’ dedication to ensure the integrity of our government programs for the sake of the U.S. military and taxpaying public.”

DEFENDANTS                                 Case Number: 18-CR-0432-JLS

Jimmy Collins                                     Age: 59                       Birchwood, TN

Ashley Collins                                    Age: 37                       Birchwood, TN

SUMMARY OF CHARGES

Jimmy Collins:

Receipt of Illegal Remuneration, in violation of 42 U.S.C. §1320(a)-7b(b)(1)(A)

Maximum penalty: Ten years in prison and $100,000 fine or double loss amount, whichever is greater

An order of restitution requiring defendant to repay at least $65,679,512.71 to DHA/TRICARE

Ashley Collins:

Conspiracy, in violation of 18 U.S.C. § 371

Maximum penalty: Five years in prison and $250,000 fine or double loss amount, whichever is greater

An order of restitution requiring defendant to repay at least $65,679,512.71 to DHA/TRICARE

INVESTIGATING AGENCIES

Defense Criminal Investigative Service

Naval Criminal Investigative Service

IRS Criminal Investigation Division, Gulfport, MS

Federal Bureau of Investigation – Jackson, MS Field Office

Alleged Drug Trafficker Wilder Emilio Sanchez Farfan Extradited From Colombia

Source: US FBI

NEWS RELEASE SUMMARY – January 26, 2024

SAN DIEGO – Wilder Emilio Sanchez Farfan, aka Gato, an Ecuadorian national and alleged drug trafficker, made his first appearance in federal court today following his extradition to the United States from Colombia yesterday.

At the hearing, Sanchez Farfan entered a not guilty plea. U.S. Magistrate Judge Barbara L. Major ordered him detained pending trial. The next hearing is scheduled for March 4, 2024, at 1:30 p.m. before U.S. District Judge Gonzalo P. Curiel.

On October 30, 2019, a federal grand jury in the Southern District of California returned an indictment charging Sanchez Farfan with participating in a transnational conspiracy to traffic substantial quantities of cocaine from Colombia, through Ecuador, and into the United States. Sanchez Farfan’s organization is alleged to have been a major source of supply for the Sinaloa Cartel and the New Generation Jalisco Cartel in Mexico.

Sanchez Farfan was apprehended by Colombian authorities at the request of the United States in February 2023 while traveling in Colombia.

“We thank Colombian and Ecuadorian law enforcement authorities for their significant assistance,” said U.S. Attorney Tara K. McGrath.

The Justice Department’s Office of International Affairs and the Narcotic and Dangerous Drug Section’s Judicial Attaché’s office at the U.S. Embassy in Bogota provided critical assistance in securing the arrest and extradition of Sanchez Farfan.

This case is being prosecuted by Assistant U.S. Attorneys Kyle Martin and Ashley Goff.

DEFENDANT                                               Case 19cr1610-GPC                        

Wilder Emilio Sanchez Farfan                       Age: 43                                   Ecuador

SUMMARY OF CHARGES

International Conspiracy to Distribute Controlled Substances– Title 18, U.S.C., Section 959, 960, and 963

Maximum penalty: Life in prison with a mandatory minimum of ten years in prison

INVESTIGATING AGENCIES

Drug Enforcement Administration

Federal Bureau of Investigation

Internal Revenue Service, Criminal Investigations

U.S. Marshals Service

*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.