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Former Federal Bureau of Prisons Corrections Officer Sentenced for Sexually Abusing Inmate in His Custody

Source: US FBI

BIRMINGHAM, Ala. – A former Federal Bureau of Prisons (FBOP) Corrections Officer, Robert D. Smith, 39, was sentenced today in federal court to 24 months in prison, followed by 15 years of supervised release, for sexually abusing an inmate while he was a corrections officer at the Federal Correctional Institution, in Aliceville, Alabama (FCI-Aliceville).

Smith previously pleaded guilty to sexually abusing a ward on Jan. 11.

“Robert Smith’s egregious acts have no place in the Federal Bureau of Prisons, and he has been held to account for abusing of his position of trust,” said Deputy Attorney General Lisa Monaco. “Today sentence marks the latest effort in the Justice Department’s ongoing efforts to root out sexual misconduct within the Federal Bureau of Prisons. The Department will continue our efforts to hold accountable employees who fail to uphold their oath to protect those in their care.”

“Beyond the view of the cameras and the eyes of potential witnesses, this defendant sexually abused and assaulted vulnerable women inmates and thought he would get away with his crimes,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This case should send an unequivocal message to officials working in correctional settings that we have zero tolerance for sexual assaults of women held inside jails and prisons. We encourage the survivors of these heinous crimes to report acts of official misconduct and violence to the FBI. The Justice Department will continue to aggressively prosecute those who violate the civil and constitutional rights of people detained in correctional facilities.”

“Corrections officers have the responsibility to ensure the safety and security of those incarcerated in our nation’s prisons,” said U.S. Attorney Prim F. Escalona for the Northern District of Alabama. “We will continue to work with our law enforcement partners to investigate and prosecute corrections officers who abuse inmates and violate positions of public trust.”

“Today’s sentencing holds Smith accountable for the serious crimes he committed,” said Justice Department Inspector General Michael E. Horowitz. “Smith sexually abused multiple inmates and he did so by taking them to areas of the prison without camera coverage. As the OIG has repeatedly found, the effective use of cameras by the FBOP is critical to preventing and deterring such criminal wrongdoing at its facilities.”

According to court documents and evidence presented at the sentencing hearing, Smith worked as a corrections officer at FCI-Aliceville, which is a low-security federal prison. As part of his duties, Smith was to ensure the safety and security of inmates housed at FCI-Aliceville and to uphold the U.S. Constitution.

While acting in his capacity as an officer, in or around February 2019, Smith knowingly engaged in a sexual act with a female inmate in official detention, who was under Smith’s custodial, supervisory or disciplinary authority. Smith committed this criminal act when he and his victim were in his office in the facilities department, which was away from cameras and other inmates and officers.

Smith also admitted to sexually abusing another inmate on a different occasion. Specifically, also while acting in his capacity as an officer, between on or about July 6, 2018, and Nov. 15, 2018, Smith knowingly engaged in a sexual act with a female inmate in official detention, who was under Smith’s custodial, supervisory or disciplinary authority. Smith committed this criminal act in the mechanical room, which Smith accessed with a key, and which was also away from cameras and other inmates and officers.

DOJ-OIG investigated the case.

Assistant U.S. Attorney Michael Royster for the Northern District of Alabama and Trial Attorney Anna Gotfryd of the Civil Rights Division’s Criminal Section prosecuted the case.

FBOP is committed to rooting out misconduct within its ranks and working with law enforcement partners to prosecute violations of federal law. The numerous FBOP employees working diligently to ensure justice for the victims of misconduct are critical to the department’s reform efforts.

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FBI Newark Searching for Fugitive in Stabbing Death

Source: US FBI

FBI Newark, Pennsylvania State Police Fugitive Unit, Stroud Regional Police Department, and the U.S. Marshals Service are asking for the public’s help finding Ricky ‘Angel’ Vargas (36), who was charged in federal court with unlawful flight to avoid prosecution after being indicted in Bergen County on first degree murder charges. FBI Newark is offering a reward of up to $15,000 for information leading to his arrest.

Detectives with the Bergen County Prosecutor’s Office say Vargas stabbed a man on February 4, 2024, at the JoJo’s Bar and Grill in Garfield, NJ. They say Vargas, a member of the Latin Kings gang, stabbed Richard Franceschi, who later died from his injuries.

Vargas’ last known residence was in East Stroudsburg, Pennsylvania. He also has connections to Chicago, Illinois, and Winter Park, Florida. He does not have a valid driver’s license and is known to use ride share apps and mass transit to get around. He is around 5’5, 200lbs, with numerous tattoos on his arms and hands. He typically has facial hair and wears glasses. 

Vargas is considered armed and dangerous. Anyone with information regarding his whereabouts is asked to call the FBI at 1-800-CALL-FBI, the FBI Newark Field Office at 973-792-3000, or submit a tip online at tips.fbi.gov. They could receive a reward of up to $15,000 for information leading to his arrest.

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Alabama Man Convicted of Assaulting Law Enforcement and Other Charges During January 6 Capitol Breach

Source: US FBI

            WASHINGTON – An Alabama man was convicted on May 10, 2024, of multiple felony and misdemeanor offenses, including assaulting law enforcement 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.

            Bryan Shawn Smith, 37, of Huntsville, Alabama, was found guilty of civil disorder and assaulting, resisting, or impeding certain officers, both felony offenses, following a bench trial before U.S. District Judge Randolph D. Moss.

            In addition to the felonies, Judge Moss found Smith guilty of four misdemeanor offenses, including entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, engaging in physical violence in a restricted building or grounds, and act of physical violence in the Capitol grounds or buildings.

            Judge Moss will sentence Smith on Aug. 20, 2024.

            According to court documents and evidence presented during the trial, Smith was present on the Lower West Terrace of the Capitol building on Jan. 6, 2021, and was captured on police body-worn camera footage at approximately 2:10 p.m. confronting officers at a security barricade in this area. As rioters breached the security barricades on the Lower West Terrace, a group of officers fell back behind a door underneath the inaugural stage scaffolding. About 45 seconds later, the door was opened, and Smith held the door open and refused an officer’s command to step away from the doorway to allow the officer to close it.

            Evidence at trial showed that Smith later made his way to the Lower West Terrace Tunnel, the site of some of the most violent attacks against law enforcement on January 6th. As he entered the Tunnel, Smith carried a stun gun. At approximately 2:53 p.m., Capitol building surveillance footage captured Smith spark the stun gun and pass it to another rioter in the Tunnel. Within approximately one minute, the stun gun was passed from the rioter who received it from Smith to another rioter and then to yet another rioter.

            Court documents say that Smith then exited the Tunnel quickly after passing off the stun gun and pumped his fist in an apparent effort to inspire others in the large crowd to press into the Tunnel and continue the riot. A rioter who later received the stun gun, Vitali Gossjankowski, later exited the Tunnel and used the stun gun in at least one attempt to assault an officer who was already under assault by other rioters.

            Smith entered the Tunnel a third time at approximately 3:16 p.m. and made his way to the front of the mob in the Tunnel. Inside the Tunnel, Smith joined a group of rioters violently pushing against the police line in an attempt to breach the Capitol. Here, Smith witnessed rioters physically assault police and helped push other rioters into the police line.

            The FBI arrested Smith on Dec. 4, 2022, in Huntsville.

            The U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section prosecuted this case. The U.S. Attorney’s Office for the Northern District of Alabama provided valuable assistance.

            The FBI’s Birmingham and Washington Field Offices investigated this case. The United States Capitol Police and the Metropolitan Police Department provided valuable assistance.

            In the 40 months since Jan. 6, 2021, more than 1,424 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 500 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.

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New Jersey Man Admits to Concealing Material Support and Resources to ISIS

Source: US FBI

Kyse S. Abushanab, 27, of Budd Lake, New Jersey, pleaded guilty today to a one-count information charging him with concealing material support and resources to a designated foreign terrorist organization.

According to court documents, between in or around March 2021 and in or around January 2022, Abushanab compiled resources, including information pertaining to the manufacture and use of weapons of mass destruction, with the aim of providing members of the Islamic State of Iraq and Syria (ISIS or the Islamic State), a designated foreign terrorist organization, and its supporters with a repository of information and resources to help carry out ISIS’s mission. This material included, among other things, videos and documents showing step-by-step instructions on how to make suicide belts or vests, detonators and timers, improvised bombs, and other explosives and incendiary devices. In an effort to evade detection by law enforcement, Abushanab took steps to conceal his efforts to assist ISIS by, among other things, using encrypted applications, untraceable email accounts, and a secured cloud storage space to gather and store information on how to make a variety of weapons of mass destruction.

The charge of concealment of provision of material support carries a maximum penalty of 10 years in prison and a fine of up to $250,000. Sentencing is scheduled for Sept. 24.

Sue Bai, head of the Justice Department’s National Security Division; Acting U.S. Attorney Vikas Khanna for the District of New Jersey; Assistant Director David J. Scott of the FBI’s Counterterrorism Division; and Acting Special Agent in Charge Terence G. Reilly of the FBI Newark Field Office made the announcement.

The FBI is investigating the case, with valuable assistance provided by the Morris County Sheriff’s Office.

Assistant U.S. Attorney Sammi Malek for the District of New Jersey and Trial Attorney Ryan White of the National Security Division’s Counterterrorism Section are prosecuting the case.

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Essex County Armed Career Criminal Charged with Weapons Possession and Trafficking Fentanyl, Heroin, and Methamphetamine

Source: US FBI

NEWARK, N.J. – An Essex County man was charged today with (i) being a felon in possession of a firearm, (ii) possession with intent to distribute fentanyl, heroin, and methamphetamine, and (iii) possessing a firearm in furtherance of a drug trafficking crime, Acting U.S. Attorney Vikas Khanna announced.

Michael Weaver, 38, of Irvington, New Jersey was charged today by superseding indictment with the above-referenced charges, and his arraignment will be scheduled before U.S. District Judge Claire C. Cecchi in Newark federal court.

As a result of Weaver’s significant and violent criminal history, which includes numerous convictions in Essex County for robbery, aggravated assault, unlawful weapons possession, and drug trafficking, he was charged under the Armed Career Criminal Act.  That charge carries a mandatory minimum penalty of 15 years in prison.  In total, as a result of all the charges in the Superseding Indictment, Weaver faces a total mandatory minimum sentence of 20 years in prison and a maximum sentence of imprisonment of life in prison.  Each offense carries a maximum fine of $250,000.  

Acting U.S. Attorney Khanna credited special agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Terence G. Reilly, the Essex County Prosecutor’s Office, under the direction of Prosecutor Theodore N. Stephens II and Chief Mitchell G. McGuire, and the Newark Police Department, under the direction of Director Emanuel Miranda, with the investigation.

The government is represented by Assistant U.S. Attorney Joseph Stern of the Opioid Abuse Prevention and Enforcement Unit in Newark.

The charges and allegations contained in the Superseding Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
 

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Reno Man Sentenced to Prison for Assaulting Three Minors on Reservation

Source: US FBI

RENO – A Reno man was sentenced Monday by United States District Judge Anne R. Traum to five years in prison to be followed by three years of supervised release for assaulting three teenagers, leaving one seriously injured, on the Reno-Sparks Indian Colony reservation.

According to court documents, on September 2, 2023, Roy Ramirez, 25, pistol-whipped a teenager in the face, pistol-whipped a second teenager in the head, and pointed the firearm at a third teenager. The second teenager was a 13-year-old child who suffered multiple life-threatening injuries. Ramirez was on state parole at the time of the assault.

Ramirez pleaded guilty to one count of Assault with a Dangerous Weapon Within Indian Country and one count of Assault Resulting in Serious Bodily Injury Within Indian Country.

United States Attorney Jason M. Frierson for the District of Nevada and Special Agent in Charge Spencer L. Evans for the FBI made the announcement.

The FBI, Nevada Parole and Probation, and the Reno-Sparks Indian Colony Tribal Police investigated the case. Assistant United States Attorney Penelope Brady prosecuted the case.

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FBI Las Vegas Election Command Post

Source: US FBI

In keeping with our standard Election Day protocol, FBI Las Vegas has stood up an Election Command Post in preparation for the election on November 5. The command post is staffed 24 hours a day to provide a centralized location for assessing election-related threats in our area of responsibility. The FBI has a duty to plan for a host of potential scenarios related to election fraud, voter suppression, foreign malign influence, malicious cyber activity against election infrastructure, and threats to election workers. We are committed to protecting the American public’s right to a fair and safe election.

For decades, the FBI has served as the primary agency responsible for investigating allegations of federal election crimes, including campaign finance violations, ballot/voter fraud, and civil rights violations. In close partnership with the Department of Justice (DOJ), the FBI established the Election Threats Task Force to identify and address reported threats targeting election workers.

The FBI takes our responsibility very seriously and works closely with our federal, state, and local partners to identify and stop any potential threats to public safety. We gather and analyze intelligence to determine whether individuals might be motivated to take violent action for any reason, including due to concerns about the election.

It is vital the FBI, our law enforcement partners, and the public work together to protect our communities as Americans exercise their right to vote. We encourage the public to remain vigilant and immediately report any suspicious activity to law enforcement. The FBI takes all threats of violence seriously, including threats targeting those who do the critical work of administering free and fair elections throughout the U.S.

The Justice Department has long recognized that the states—not the federal government—are responsible for administering elections, determining the validity of votes, and tabulating the results, with challenges handled by the appropriate election administrators, officials, legislatures, and courts. The Department’s role is limited to investigating and prosecuting violations of federal election laws and deterring criminal conduct.

FBI Las Vegas encourages citizens to report allegations of election fraud and other election abuses. You can reach the FBI at tips.fbi.gov or 1-800-CALL-FBI (1-800-225-5324).

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Las Vegas Man Indicted for Cyberstalking Via Social Media

Source: US FBI

LAS VEGAS – A Las Vegas resident made his initial appearance Tuesday for allegedly sending thousands of messages, including threatening messages, via Instagram to two employees of the University of Texas at Austin.

According to allegations contained in the indictment, beginning on or about June 6, 2024 to September 16, 2024, Brian Patrick Solomon, 38, sent direct messages threatening to injure two high level employees of the school. In May and June of 2024, Solomon requested a total of $450 via CashApp from a victim. A records check of Solomon revealed that on July 26, 2023, he was arrested in Austin for burglary of vehicle and criminal mischief; and on February 27, 2024,

Solomon was arrested in Nevada for stalking. As a result, a protection order was entered against Solomon. In July 2024, one victim attended the ESPYs and was scheduled for a speaking engagement. Solomon communicated to the victim that he had purchased a ticket for the event. While the event revoked his ticket due to safety concerns, the victim paid out of pocket to hire security.

On September 16, 2024, the FBI arrested Solomon. After he was advised of his Miranda rights, Solomon admitted that he used multiple Instagram accounts to send a few thousand direct messages to the victim and that he had become angry with her. Additionally, Solomon admitted he had requested money from the victim to travel to the victim, and he had previously traveled via airplane to Austin.

A jury trial has been scheduled for December 17, 2024, before United States District Judge Jennifer A. Dorsey. Solomon is charged with one count of interstate communications with threat to injure and one count of cyberstalking. If convicted, he faces the maximum statutory penalty of five years in prison.

United States Attorney Jason M. Frierson for the District of Nevada and Special Agent in Charge Spencer L. Evans for the FBI Las Vegas Division made the announcement.

This case was investigated by the FBI with assistance from the University of Texas Police Department. Assistant United States Attorney Courtney Strange is 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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Former Las Vegas City Councilwoman Convicted in Charity Fraud Scheme

Source: US FBI

A federal jury in the District of Nevada convicted a former Las Vegas city councilwoman and gubernatorial candidate yesterday on one count of conspiracy to commit wire fraud and six counts of wire fraud for executing a scheme to defraud charitable donors by falsely claiming she was raising money to memorialize police officers who lost their lives in the line of duty.

According to court documents and evidence presented at trial, Michele Fiore, 54, of Pahrump, Nevada, while serving as a Las Vegas city councilwoman, solicited donors for money to build statues honoring two Las Vegas police officers who had been killed in the line of duty. The evidence at trial demonstrated that Fiore promised donors that “100% of the contributions” would be used towards the construction of memorials for the fallen officers. However, Fiore did not use any of the more than $70,000 in charitable donations she raised for the memorials. Instead, Fiore spent the money donated by the victims on a variety of personal and political expenses, including political fundraising bills, personal rent payments, and payments to family members.

Fiore is scheduled to be sentenced on Jan. 6, 2025, and faces a maximum penalty of twenty years in prison on each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division, and Special Agent in Charge Spencer L. Evans of the FBI Las Vegas Field Office made the announcement.

The FBI Las Vegas Field Office investigated the case.

Trial Attorneys Dahoud Askar and Alexander Gottfried and paralegal specialist Heather DePremio of the Criminal Division’s Public Integrity Section are prosecuting the case. The U.S. Attorney’s Office for the District of Nevada provided substantial assistance.

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Las Vegas Doctor Sentenced to Over Two Years in Prison for Unlawful Distribution of Opioid Medications

Source: US FBI

LAS VEGAS — A Las Vegas doctor was sentenced today by United States District Judge Cristina D. Silva to 27 months in prison to be followed by three years of supervised release, and a fine of $75,000 for unlawfully distributing opioid pain medications without a medically legitimate purpose.

“By prescribing medically unnecessary prescription medications in exchange for cash payments, the defendant put vulnerable patients at risk,” said Special Agent in Charge Spencer L. Evans for the FBI Las Vegas Division. “The FBI will continue to work with our federal, state, and local partners to find and investigate practitioners in the medical community who target and victimize vulnerable populations.”

According to court documents, Dr. William Alvear (69) unlawfully distributed Hydrocodone without a legitimate medical purpose and outside the usual course of professional practice. Instead, he prescribed opioids when a patient offered to pay him cash. In addition, Alvear unlawfully distributed and dispensed Alprazolam, common brand name Xanax. 

Alprazolam is a Schedule IV controlled substance that also has the potential for abuse and can lead to psychological or physical dependence. Hydrocodone, a Schedule II controlled substance, has a high potential for abuse and can lead to severe psychological or physical dependence.

In November 2023, following a six-day jury trial, Alvear was found guilty of three-counts of distributing a controlled substance – Schedule II and five-counts of distributing or dispensing a controlled substance – Schedule IV.

United States Attorney Jason M. Frierson for the District of Nevada and Special Agent in Charge Evans made the announcement.

The FBI investigated the case. Assistant United States Attorneys for the District of Nevada prosecuted the case.

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