Tag Archive for: #usdeptofjustice

U.S. Department of Justice

Justice Department Settles Lawsuit Against Warren Co. Board of Education

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-Press Release, U.S. Department of Justice

The Department of Justice announced today that it has reached a settlement agreement with the Warren County, North Carolina, Board of Education (Warren County) that resolves a federal lawsuit brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA) on behalf of Dwayne Coffer, a Command Sergeant Major (CSM) in the Army Reserve.

In its complaint, the United States alleged that Warren County violated USERRA by eliminating Sergeant Major Coffer’s employment position while he was on active duty with the military and failed to re-employ him in a comparable position when he returned.

Under the terms of the settlement agreement, Warren County will reinstate Coffer to the position of Dean of Students at Warren County Middle School, and provide him with back pay and pension benefits. The reinstatement position is the one that Coffer held before his period of active duty with the Army.

“Command Sergeant Major Coffer was called upon to leave his civilian employment and serve our nation, and we are grateful for his service,” said Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division. “This settlement agreement with Warren County Resolves the USERRA claims brought by the United States and serves as a reminder that our service members, like CSM Coffer, deserve fair and lawful reemployment following their returns from active military duty.”

“Members of our Reserves, like Command Sergeant Dewayne Coffer, are often called away from their civilian jobs in order to provide the security our nation depends on,” said United States Attorney Robert J. Higdon of the Eastern District of North Carolina. “These citizen service members should never face losing their jobs or be forced to accept an inferior position when they answer that call. The Uniformed Services Employment and Reemployment Rights Act protects these brave men and women, and, as this lawsuit demonstrated, the Department of Justice is committed to enforcing it when it is violated.”

USERRA safeguards the rights of uniformed service members to return to their civilian employment following absences due to military service obligations and protect service members from discrimination on the basis of their military obligations. This case stems from a referral by the U.S. Department of Labor (DOL) following an investigation by the DOL’s Veterans’ Employment and Training Service (VETS).

After resolution failed, VETS referred the complaint to the Department of Justice’s Civil Rights Division. This lawsuit was handled by Deborah Birnbaum and Brian McEntire in the Employment Litigation Section of the Department of Justice’s Civil Rights Division and Assistant U.S. Attorney Michael G. James in the U.S. Attorney’s Office for the Eastern District of North Carolina.

The Justice Department gives high priority to the enforcement of service members’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at https://www.justice.gov/crt/employment-litigation-section and https://www.justice.gov/servicemembers, as well as on the Department of Labor’s website at https://www.dol.gov/agencies/vets/programs/userra.

U.S. Department of Justice

Henderson Man Sentenced to Six Years For Heroin & Gun Conviction

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-Press Release, U.S. Dept. of Justice

Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that United States District Judge James C. Dever, III, sentenced DOMINIQUE WILLIAMS, 31, of Henderson to 72 months’ imprisonment, followed by 5 years of supervised released.

On March 12, 2019, WILLIAMS pled guilty to possession with intent to distribute a quantity of heroin and possession of a firearm during a drug trafficking crime.

On March 17, 2018, the Norlina and Warrenton Police Departments conducted a joint-agency license check on U.S. Highway 1 South in Warrenton, NC. As a part of that license check, a car occupied by WILLIAMS was stopped and officers detected the odor of marijuana emanating from the vehicle. A search of WILLIAMS revealed 10 bindles of heroin in his pocket. A search of the car revealed a loaded 9mm handgun which had been reported stolen.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

This case is also part of the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.

The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Warrenton Police Department, and the Norlina Police Department.

Assistant United States Attorney Robert J. Dodson prosecuted the case for the government.

U.S. Department of Justice

US Attorney’s Office Partners With AARP & FBI on Elder Justice Initiative

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-Press Release, U.S. Department of Justice

The United States Attorney’s Office for the Eastern District of North Carolina partnered with the FBI and AARP to promote the Department of Justice’s Elder Justice Initiative by conducting outreach and educating older adults about the latest scams so they do not fall victim. Approximately 2,500 seniors in the Eastern District dialed-in to an interactive telephone town hall to learn about the latest financial scams affecting seniors.

The Department of Justice’s Elder Justice Initiative aims to combat the financial exploitation of our senior citizens by expanding efforts to investigate and prosecute financial scams that target seniors, educate older adults on how to identify scams and avoid getting ripped off by scammers and promote greater coordination with law enforcement partners.

According to statistics collected by the FBI’s Internet Crime Complaint Center victims lost $2.71 billion dollars to fraud in 2018, and victims over the age of 60 lost $649,227,724.

Some examples of financial fraud targeting seniors discussed during the telephone town hall were:

• Affinity Fraud – in which the scammer pretends to have some connection to the senior or a basis for establishing trust, such as being a member of the same cultural, racial, ethnic, or religious community.

• Prize Scam – also known as “lottery scam” in which the scammer claims you won a prize or lottery money but you have to pay a “processing fee” or taxes before you can claim the prize.

• Grandparent Scam – where the scammer convinces seniors that their grandchild is in trouble and needs money to pay rent, bills, unexpected car repairs, or even money for bail.

• Tech Support Scam – in which seniors may be surfing the internet and a pop-up appears claiming the computer is infected with a virus and is designed to get access to your computer.

• Romance Scam – which scammers start an online romantic relationship and lull victims into believing they need funds for a visit to the U.S. or some other purpose.

Some tips shared with the participants on how to avoid falling victim to a financial scam were:

• Don’t share personal information with anyone you don’t know.

• Don’t pay a fee for a prize or lottery winning.

• Don’t click on pop-up ads or messages.

• Delete phishing emails and ignore harassing phone calls.

• Don’t send gift cards, checks, money orders, wire money, or give your bank account information to a stranger.

• Don’t fall for a high-pressure sales pitch or a lucrative business deal.

• If a scammer approaches you, take the time to talk to a friend or family member.

• Keep in mind that if you send money once, you’ll be a target for life.

• Remember, it’s not rude to say, “NO.”

• A good rule of thumb is, if it’s too good to be true, it’s likely a scam.

Robert J. Higdon, the United States Attorney for the Eastern District of North Carolina, notes “the elderly are some of the most vulnerable people in our society and we are committed to arming them with the proper knowledge to recognize the signs of financial fraud schemes so they will not become a victim. This is a priority of the Department of Justice and of the United States Attorney’s Office for the Eastern District of North Carolina.”

For more information about DOJ’s efforts to prevent and combat elder abuse, please visit the Elder Justice Website at https://www.justice.gov/elderjustice. Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877- FTC-HELP.

You can also contact the Victim Connect Hotline between 9 a.m. – 6 p.m., Monday through Friday, at 1- 855-4VICTIM (1-855-4842846), or contact the Elder Justice Coordinator at the U.S. Attorney’s Office for the Eastern District of North Carolina at (919) 856-4530.

U.S. Department of Justice

Deported Alien, Previously Found in Granville Co., Charged With Illegal Reentry

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-Press Release, U.S. Department of Justice 

Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Greenville has returned indictments charging JORGE ALBERTO NATIVI, age 29, of Guatemala, with illegal reentry of a deported alien.

Additionally, the grand jury returned an indictment charging SEBASTIAN CORONEL-LEON, age 29, of Mexico, with illegal reentry of a deported alien, false representation of social security number and document fraud.

If convicted of illegal reentry of a deported alien, NATIVI, previously deported and found in Granville County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.

CORONEL-LEON, previously deported twice and found in Wake County, if convicted, would face a maximum imprisonment term of 17 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.

The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.

The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.

U.S. Department of Justice

Williams Sentenced in Federal Court on Drug, Ammunition Charges

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-Press Release, U.S. Department of Justice

Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that United States District Judge James C. Dever, III, sentenced CHRISTOPHER WILLIAMS, 59, of Henderson to 57 months’ imprisonment, followed by 3 years of supervised released. Judge Dever also ordered that WILLIAMS’ one-third interest in his residence be forfeited to the federal government.

On March 11, 2019, WILLIAMS, pled guilty to two counts of distribution of cocaine base (crack), possession with intent to distribute cocaine base (crack), maintaining a dwelling for the purpose of distributing cocaine base (crack) and aiding and abetting, and being a felon in possession of ammunition.

In early 2018, WILLIAMS and others were identified by the Vance County Sheriff’s Office (VCSO) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) as trafficking in narcotics out of his residence located at 310 Yancey Lane in Henderson, North Carolina. A series of controlled purchases of narcotics were made from WILLIAMS at that residence by a confidential informant.

Thereafter, VCSO sought and obtained a search warrant for WILLIAMS’ residence. Upon the execution of that warrant, VCSO encountered WILLIAMS with crack cocaine and ammunition. At the time of the offense, WILLIAMS was a convicted felon and, therefore, was prohibited from possessing ammunition or firearms.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.

Since 2017, the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

This case is also part of the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violence crime rate, drug trafficking, and crimes against law enforcement.

For more information about this initiative please click https://www.justice.gov/usao-ednc/tbnc.

The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Vance County Sheriff’s Office.

Assistant United States Attorney Robert J. Dodson prosecuted the case for the government.

News releases are available on the U.S. Attorney’s webpage at https://www.justice.gov/usao-ednc.

U.S. Department of Justice

Henderson Residents Part of Large-Scale Money Laundering, Stolen Goods Case

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-Press Release, U.S. Department of Justice

Robert J. Higdon Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned a Superseding Indictment charging the following individuals with conspiracy to commit interstate transportation of stolen goods and money laundering:

• SALVADOR IBARRA ESCALANTE, age 43, of Mexico, also known as “Billy Escalante” • RUTH NAVA-ABARCA, age 29, of Mexico • FLORENTINO VALENCIA-TEPOZ, age 47 of Mexico • GREGORIO VAZQUEZ-CASTILLO, age 43, of Mexico, also known as “Jaime Castillo” • JUAN DE LA CRUZ-GONZALEZ, age 32, of Mexico • SAMUEL CRUZ, age 42, of Durham, North Carolina • MIGUEL GUTIERREZ, age 24, of Henderson, North Carolina • JAIME LABRA-TOVAR, age 23, of Henderson, North Carolina • OSCAR UGALDE-ESCALANTE, age 31, of Mexico • HASAN OZVATAN, age 40, of Turkey • EMILIO GOMEZ-GONZALEZ, age 36, of Mexico • JUAN MALDONADO-HERNANDEZ, age 28, of Mexico • GEORGE LUIS MORALES, age 21, of New York, New York • TORIBIO ESCALANTE-CAMPOS, age 59, of Mexico • ERIC EVO, age 24, of Richmond, Virginia • RYAN MERCADO-RODRIGUEZ, age 24, of Henderson, North Carolina • JUAN LOPEZ-POSADA, age 40, of El Salvador • RENE ESPINOZA-TORRES, age 45, of Mexico • KELVIN FE ARELLANO-VALENCIA, age 19, of Raleigh, North Carolina • DEMETRIO VALENCIA-FLORES, age 42, of Mexico • ALVARO MENDEZ-FLORES, age 38, of Mexico.

Moreover, GOMEZ-GONZALEZ was charged with failure to register with immigration officials. In addition, NAVA-ABARCA, VALENCIA-TEPOZ, ESCALANTE-CAMPOS, IBARRA-ESCALANTE, and VAZQUEZ-CASTILLO were charged with alien harboring. Furthermore, IBARRA-ESCALANTE, VALENCIA-TEPOZ, NAVA-ABARCA, and VAZQUEZ-CASTILLO were charged with immigration-related entrepreneurship fraud.

According to the Superseding Indictment, used cooking oil, historically viewed as a waste product, has become a valuable recycled commodity over the past decade. The majority of the recycled cooking oil sold is used for biofuel, fluctuating with market demand. It can also be used as a nutritional additive to animal feed and pet food, or in the production of many consumer and industrial products.

Legitimate businesses, known renderers, collect used cooking oil from restaurants in exchange of compensation and sell it to refineries so that it can be processed and recycled. The rendering industry estimates that there is an annual loss of approximately $45-75 million dollars from the theft of used cooking oil.

According to court records, the objective of the conspiracy was to profit from the illicit trade in large quantities of used cooking oil stolen in North Carolina, Virginia, and Tennessee, and transported to New Jersey for sale and distribution.

In particular, the Superseding Indictment alleges that members of the conspiracy repeatedly traveled to restaurants in North Carolina, Virginia, and Tennessee, in box trucks equipped with containers designed to store and transport liquids, pumps, hoses, and burglary tools, for the purpose of stealing large quantities of used cooking oil.

Additionally, members of the conspiracy transported the stolen used cooking oil in the box trucks to a warehouse in Durham, North Carolina, for consolidation and storage. Thereafter, a tanker trailer was used to transport the consolidated stolen used cooking oil to Virginia and elsewhere.

“Used cooking oil has become a sought-after commodity by biodiesel companies, and restaurants use the sale of this oil as another source of revenue,” said John Eisert, Acting Special Agent in Charge of Homeland Security Investigations in Charlotte, North Carolina. “This team of co-conspirators had an elaborate scheme to steal thousands of gallons of cooking oil for their own profit in violation of several U.S. laws.”

If convicted of conspiracy to commit interstate transportation of stolen goods and money laundering, IBARRA-ESCALANTE, NAVA-ABARCA, VALENCIA-TEPOZ, VAZQUEZ-CASTILLO, DE LA CRUZ-GONZALEZ, CRUZ, GUTIERREZ, LABRA-TOVAR, UGALDE-ESCALANTE, OZVATAN, GOMEZ-GONZALEZ, MALDONADO-HERNANDEZ, MORALES, ESCALANTE- CAMPOS, EVO, MERCADO-RODRIGUEZ, LOPEZ-POSADA, ESPINOZA-TORRES, ARELLANO-VALENCIA, VALENCIA-FLORES, and MENDEZ-FLORES, face each a maximum of twenty five years in prison, a $500,000 fine, and a term of supervised release.

Furthermore, GOMEZ-GONZALEZ faces an additional maximum term of six months in prison for failing to register as an alien, and a $1,000 fine. In addition, NAVA-ABARCA, VALENCIA-TEPOZ, ESCALANTE-CAMPOS, IBARRA-ESCALANTE, and VAZQUEZ-CASTILLO each face an additional maximum of five years in prison for alien harboring, a $250,000 fine, and a term of supervised release. Moreover, IBARRA-ESCALANTE, VALENCIA-TEPOZ, NAVA-ABARCA, and VAZQUEZ-CASTILLO each face an additional maximum of five years in prison for immigration-related entrepreneurship fraud, a $250,000 fine, and a term of supervised release.

The following defendants are currently fugitives from justice: • JUAN DE LA CRUZ-GONZALEZ • RENE ESPINOZA-TORRES • EMILIO GOMEZ-GONZALEZ • JUAN MALDONADO-HERNANDEZ • RUTH NAVA-ABARCA • HASAN OZVATAN.

If you have any information on the whereabouts of these individuals please contact the Homeland Security Investigations Tip-Line at 1-866-DHS-2-ICE or 1-866-347-2423. Any information that you provide will remain confidential.

The charges and allegations contained in the Superseding Indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law. This case is being investigated by Homeland Security Investigations.

U.S. Department of Justice

Michael East Confirmed as US Marshal for NC’s Eastern District

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-Press Release, U.S. Department of Justice

Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina comments on the confirmation of Michael East to serve as United States Marshal for the Eastern District of North Carolina:

“Today the United States Senate has confirmed President Trump’s nomination of Michael East to serve as United States Marshal for the Eastern District of North Carolina. I can think of no one better to take up this important position.

Mike East served the people of this State as an agent of the North Carolina State Bureau of Investigation for 28 years. There he worked as a member of the Child Fatality Task Force Prevention Team, the Crisis Negotiation Team and as Special Agent in Charge of the Financial Crimes Unit. He led investigations focused on public corruption, violent crime, drug crimes, economic crimes and many others.

More recently he has served in my office as our first Forensic Investigator in the Organized Crime Drug Enforcement Task Force where he has focused on the financial side of drug trafficking investigations. He has, likewise, played a key investigative role in our ability to prosecute heroin and opioid overdose death cases. Mike has also provided critical training and assistance to law enforcement all across the State of North Carolina, around the United States and overseas.

Mike is well-suited to lead the men and women of the United States Marshals Service here in the Eastern District. The Marshals Service provides critical investigation services in a range of cases, secures our courthouses and other federal facilities, supports federal and state prosecutions through warrant enforcement, and plays a key role in the seizure, forfeiture and disposal of property used by defendants to facilitate their criminal activity or property which is the proceeds of that activity.

Mike East will be an outstanding United States Marshal. President Trump has made an outstanding choice and I look forward to working side-by-side with Marshal East and the Marshals Service he will now lead.”

News releases are available on the U. S. Attorney’s webpage at https://justice.gov/usao-ednc. Follow us on Twitter @USAO_EDNC.

U.S. Department of Justice

One of Three Aliens Indicted on Illegal Reentry Charges Found in Granville Co.

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-Press Release, U.S. Department of Justice

Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging JOSE JESUS CAMACHO-JARAMILLO, age 29, of Mexico, AGUSTIN NUNEZ-LEONARDO, age 20, of Mexico, and LORENZO OROCIO-CRUZ, age 35, of Mexico, with Illegal Reentry of a Deported Alien.

If convicted of illegal reentry of a deported alien, CAMACHO-JARAMILLO, who was previously convicted of Unlawful Entry, deported twice, and then found in Johnston County; NUNEZ-LEONARDO, who was previously convicted of Unlawful Entry, deported three times, and then found in Wake County; and OROCIO-CRUZ, who was previously convicted of Unlawful Entry, deported twice, and then found in Granville County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.

The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.

The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.

News releases are available on the U. S. Attorney’s web page at www.usdoj.gov/usao/nce. Follow us on Twitter @USAO_ENDC.

U.S. Department of Justice

Hicks Convicted of Narcotics & Firearm Charges

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-Press Release, U.S. Dept. of Justice

United States Attorney Robert J. Higdon, Jr. announced that KACEY HICKS, 34, of Henderson, North Carolina was convicted in federal court following a 2-day trial before Chief United States District Judge Terrance W. Boyle. The jury heard evidence that HICKS kept a residence in the Flint Hill neighborhood of Henderson. After receiving a complaint regarding drug activity at that residence, law enforcement conducted an investigation which led to a search warrant of the premises, where HICKS was found hiding under a bed in close physical proximity to a firearm.

Officers seized distributable quantities of cocaine and marijuana, ammunition, two additional firearms, drug paraphernalia, and US currency during the course of their search. The jury found HICKS guilty of possession with intent to distribute cocaine and marijuana; felon in possession of a firearm and ammunition; and maintaining a dwelling for drug distribution.

HICKS faces a maximum sentence of 20 years imprisonment followed by no less than 3 years of supervised release on the drug counts, and a maximum sentence 2 of 10 years imprisonment followed by no more than 3 years of supervised release on the firearm count.

This case was brought using the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.

Investigation of this case was conducted by the Henderson Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorneys Thomas Crosby and Laura Howard handled the prosecution of this case for the government.

U.S. Department of Justice

DEA Prescription Drug Take Back Day Declared Big Success

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-Press Release, U.S. Dept. of Justice

United States Attorney Robert J. Higdon, Jr. announces the results of the DEA April 27, 2019, 17th National Prescription Drug Take Back Day. Nationwide, DEA, along with their law enforcement partners collected nearly 469 tons of potentially dangerous expired, unused, and unwanted prescription drugs. In the Eastern District of North Carolina, approximately 7,229.92 pounds were collected and 8,968 pounds were collected statewide.

“Across the country and here in the Eastern District of North Carolina, we are facing a real and dangerous threat from opioids and other prescription drugs,” said United States Attorney Higdon. “We have unprecedented levels of addiction, frightening numbers of overdoses, and an alarming number of deaths because of the over-prescription and improper use of these drugs. This requires each of us to work to solve it. By properly disposing of prescription medication we do not need, we can reduce the risk that these drugs will fall into the wrong hands.”

Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. According to the Centers for Disease Control and Prevention, 91 Americans die each day from an opioid overdose. Some painkiller abusers move on to heroin: Four out of five new heroin users started with painkillers.

Flushing medications down the toilet or throwing them in the trash pose potential safety and health hazards. This initiative addresses the public safety and public health issues that surround medications languishing in home cabinets, becoming highly susceptible to diversion, misuse, and abuse.

DEA’s next National Prescription Drug Take Back Day is October 26, 2019.

For complete results of the recently concluded Spring Take Back Day visit www.DEATakeBack.com. If you missed the Take Back Day click here https://apps2.deadiversion.usdoj.gov/pubdispsearch/spring/main?execution=e1s1 to locate an authorized collector in your area.