Man Sentenced for Robbery and Intimidation of a Witness by Attempted Murder

Source: US FBI

GREENSBORO – A New York man was sentenced yesterday in Greensboro, North Carolina, to 35 years in prison after pleading to robbery, firearm, and intimidation charges related to an attempted murder stemming from conduct in the Middle District of North Carolina and the Southern District of New York, announced United States Attorney Sandra J. Hairston of the Middle District of North Carolina (MDNC).   

RYAN LEWIS LITTLE, age 40, of New York, was sentenced to a 420-month term of imprisonment and 5 years supervised release by the Honorable William L. Osteen, Jr., United States District Judge in the United States District Court for the MDNC. In addition to prison time, LITTLE was ordered to pay restitution in the amount of $56,970.75.

LITTLE pleaded guilty on May 10, 2024, to interference with commerce by robbery, in violation of 18 U.S.C. § 1951(a), and retaliating against a witness by attempted murder, in violation of 18 U.S.C. § 1513(a)(1)(B), for conduct occurring in the MDNC. On June 20, 2024, he pleaded guilty to a separate charge for interference with commerce by robbery, in violation of 18 U.S.C. § 1951(a), and possession of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c), for incidents occurring in the Southern District of New York.

According to court records, on April 8, 2022, at approximately 7:00 PM, Greensboro Police Department (GPD) officers responded to a report of attempted armed robbery at the Chemistry Nightclub Food Truck located in the parking lot of 2901 Spring Garden Street, Greensboro, NC.  The food truck employee reported that an armed man attempted to rob the food truck at gunpoint. Footage from the food truck’s surveillance cameras showed a man (later identified as LITTLE) walking up the steps of the food truck, pulling out a silver handgun, pointing it at the food truck employee and asking, “Where is the money?” The employee told LITTLE that there was no money. LITTLE then pushed the victim and ran from the food truck.

The Chemistry Nightclub Food Truck attempted robbery was one in a series of robberies that law enforcement officers had been investigating since March 2022. A witness, Victim-1, spoke with law enforcement as part of the ongoing investigation. In retaliation for speaking with the officers, on the morning of April 12, 2022, LITTLE shot Victim-1 in the face. He then fled North Carolina.

On April 20, 2022, at approximately 10:30 pm, New York Police Department (NYPD) officers arrived at the scene of a reported robbery at a restaurant. An employee stated that a man entered the restaurant, brandished a silver firearm partially concealed beneath a newspaper, and took approximately $1,500 from the cash register. The employee followed the suspect to a nearby park. While canvassing the area, officers saw LITTLE emerge from the bushes and attempt to flee the area. Officers chased him and he was apprehended moments later with approximately $1,100 cash on him. Officers traced the path LITTLE had fled and recovered a loaded silver pistol.  After his arrest, a witness approached the NYPD officers and told them that shortly after robbing the restaurant LITTLE attempted to carjack him.

The case was investigated by the Greensboro Police Department, Federal Bureau of Investigation, Bureau of Alcohol Tobacco, and Firearms, and New York Police Department. The case was prosecuted by MDNC Assistant United States Attorneys Nicole DuPré and Lindsey Freeman, SDNY Assistant United States Attorney Jonathan Bodansky, and former MDNC Assistant United States Attorney Tanner Kroeger.   

Last Two Defendants Sentenced to Prison for Large Methamphetamine Distribution Conspiracy

Source: US FBI

LAS VEGAS – The last two of seven defendants charged in a drug trafficking conspiracy have been sentenced for their roles in distributing large quantities of methamphetamine from California and Mexico to Nevada.

Ivan Salazar, a four-time convicted felon, aka “Evil,” (40) and Domingo Montes, a three-time convicted felon, aka “JR,” (36) were sentenced Tuesday by U.S. District Judge Kent J. Dawson to 140 months and 100 months in prison, respectively.

According to court documents, in 2019, law enforcement began investigating co-conspirator Luis Arellano and other members of the Pomona Sur Lokotes (PSL) drug trafficking organization. In 2020, Salazar and Montes conspired with others to distribute 946 grams and 204 grams of methamphetamine, respectively, in Las Vegas. Salazar and Montes obtained the methamphetamine from Arellano, the leader of the drug trafficking organization.

Salazar and Montes each pleaded guilty in November 2022 to conspiracy to distribute a controlled substance.

The other members of the drug trafficking conspiracy were sentenced earlier. Luis Arellano, aka “Lewis Arellano” and “Laughter,” (31) pleaded guilty and was sentenced to 168 months in prison; Jacqueline Martinez (31) pleaded guilty and was sentenced to 78 months in prison; Amelio Che Medina (45) pleaded guilty and was sentenced to 97 months in prison; Anna Barrios (34) pleaded guilty and was sentenced to 90 months in prison; and Victor Manuel Rodriguez, aka “Smokey” (39) pleaded guilty and was sentenced to 100 months in prison.

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’s Safe Streets Gang Task Force and Las Vegas Metropolitan Police Department investigated the case. Assistant U.S. Attorney Kimberly Sokolich prosecuted the case.

This case was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

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Urine Drug Testing Laboratory and Owner Agree to Resolve False Claims Act Allegations

Source: US FBI

CHARLOTTE, N.C. – U.S. Attorney Dena J. King announced today that LabXperior Corporation (LabXperior) and owner Tina Ball (Ball) have paid $235,000 to resolve allegations that they violated the Federal False Claims Act and North Carolina False Claims Act by knowingly billing North Carolina Medicaid (Medicaid) for urine drug tests that were medically unnecessary and resulted from violations of the Anti-Kickback Statute.

The United States and State of North Carolina alleged that from September 28, 2016, through December 20, 2017, LabXperior submitted claims to Medicaid for urine drug tests that were false. The claims were false because they were the result of an illegal kickback arrangement between LabXperior and BPolloni Consulting, LLC (BPolloni), an entity that referred urine drug tests to LabXperior. Under the arrangement, LabXperior paid BPolloni a percentage of the revenue or profit from the Medicaid reimbursement for each urine drug test that BPolloni arranged for another entity, Do It 4 the Hood Corporation (D4H), to send to LabXperior. The Chief Executive Officer of BPolloni and other individuals who operated D4H previously pleaded guilty to conspiracy to commit health care fraud and Anti-Kickback Statute violations arising from D4H’s illegal kickback arrangements with urine drug testing laboratories.

In addition to being tainted by illegal kickbacks, the United States and State of North Carolina alleged that claims for drug tests that LabXperior submitted to Medicaid were false because the tests were medically unnecessary. Specifically, the orders for the tests were not patient-specific and did not reflect a qualified medical provider’s determination of the patient’s need for the testing.

The civil settlement and resolution of claims obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office and the FBI in Charlotte, with assistance from the Medicaid Investigations Division of the North Carolina Attorney General’s Office, the Office of Inspector General of the United States Department of Health and Human Services, and the Internal Revenue Service Criminal Investigations.

The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud.  One of the most powerful tools in this effort is the False Claims Act.

Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

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

Source: US FBI

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

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

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

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

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

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

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

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

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

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

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

 

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

Source: US FBI

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

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

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

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

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

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

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

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

Sacramento County Man Pleads Guilty to Cyberstalking

Source: US FBI

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

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

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

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

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

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

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

Source: US FBI

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

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

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

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

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

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

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

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

Trader Arrested for Stealing Trade Secrets From Global Quantitative Trading Firm

Source: US FBI

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

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

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

As alleged in the Indictment:[1]

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

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

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

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

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

Mr. Kim praised the investigative work of the FBI.

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

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


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

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

Source: US FBI

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

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

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

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

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

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

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

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

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

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

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

Source: US FBI

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

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

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

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

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

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

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

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

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

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