Tag Archive for: #usdeptofjustice

U.S. Department of Justice

Oxford Man Sentenced to 60 Months for Illegal Possession of Firearm

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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 Chief United States District Judge Terrence W. Boyle sentenced MAURICE SHAWAYNE HARRIS, a/k/a “Gator”, 38, of Oxford to 60 months’ imprisonment, followed by 3 years of supervised released.

On January 2, 2019, HARRIS pled guilty to possession of a firearm and ammunition by a convicted felon.

In January 2018, the Oxford Police Department attempted to make a traffic stop of a vehicle occupied by HARRIS, to investigate a report of shots fired in the area. HARRIS jumped and ran from the vehicle. Inside of that vehicle officers recovered a box of .38 caliber ammunition. Officers traced HARRIS’s flight path and recovered a Taurus model .38 caliber revolver. HARRIS was later arrested by the Oxford Police Department.

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 Oxford Police Department and the North Carolina State Highway Patrol.

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

Justice Dept. Files Lawsuit Against Warren Co. Board of Education

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

The Department of Justice announced that it filed a complaint today in federal court against the Warren County, North Carolina, Board of Education (Warren County), to protect rights guaranteed to an Army Reservist, Command Sergeant Major Dwayne Coffer (CSM Coffer), by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The announcement was made by Assistant Attorney General Eric Dreiband of the Civil Rights Division and U.S. Attorney Robert J. Higdon, Jr. of the Eastern District of North Carolina.

CSM Coffer’s job as Dean of Students at Warren County Middle School was eliminated while he was on active duty. According to the lawsuit, Warren County violated USERRA by demoting him to Physical Education Teacher at Northside Elementary School instead of reemploying him in a job that is comparable to Dean of Students.

“The freedoms we enjoy as Americans are dependent on the selfless duties performed by members of our Armed Forces,” said Dreiband. “When our Country calls servicemembers to duty, its laws, enforced by the Department of Justice, protect their civilian jobs.”

Higdon explained, “The Uniformed Services Employment and Reemployment Rights Act protects the brave men and women who serve our Country, and the Department of Justice is committed to enforcing USERRA when it is violated. Members of the Army Reserve, like Sergeant Major Dwayne Coffer, are often called away from their civilian jobs in order to provide the security upon which our nation depends. They should not have to fear losing their jobs when they answer that call.”

The Complaint seeks to reinstate CSM Coffer into a proper reemployment position and recover CSM Coffer’s lost wages and other benefits and other remedies. In 2012, the United States Department of Justice sued Warren County when it failed to renew the employment contract of CSM Coffer following a different period of military service.

USERRA protects the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations and provides that servicemembers shall not be discriminated against because of their military obligations. 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  www.justice.gov/servicemembers as well as on the Department of Labor’s (DOL) website at www.dol.gov/vets/programs/userra.

This case stems from a referral by the U.S. Department of Labor, at CMS Coffer’s request, after an investigation by the DOL’s Veterans’ Employment and Training Service. The case is being handled by Deborah Birnbaum in the Employment Litigation Section of the Department of Justice’s Civil Rights Division and Assistant U.S. Attorney Mike James in the U.S. Attorney’s Office for the Eastern District of North Carolina.

U.S. Department of Justice

Louisburg Woman Sentenced to Three Years for Felon in Possession Charge

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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 LINDSEY NICOLE UNDERHILL, 28, of Louisburg to 36 months’ imprisonment, followed by 3 years of supervised released.

On October 18, 2018, UNDERHILL was named in an Indictment that charged her with Possession of Firearms by a Felon. On January 7, 2019, UNDERHILL pled guilty to that charge.

On May 30, 2018, UNDERHILL, a convicted felon, traveled to Arrow Pawn and Jewelry located in Raleigh, North Carolina, and pawned three firearms: a Mossberg 12 gauge shotgun; a Hi-Point 9mm handgun; and a North American Arms .22 caliber revolver.

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 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.

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

Assistant United States Attorney Daniel W. Smith prosecuted the case for the government.

U.S. Department of Justice

Eastern N.C. Attorney’s Office Collects Over $13 Million in Civil/Criminal Actions

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

Robert J. Higdon, Jr., United States criminal defense Attorney for the Eastern District of North Carolina, announced today that his office collected over $13.5 million in criminal and civil actions in fiscal year 2018. Of this amount, $8,410,643.89 was collected in criminal actions and $5,113,040.40 was collected in civil actions. Additionally, over $4.6 million was collected in asset forfeitures.

The Eastern District of North Carolina also collaborated with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $13,983.13. Of this amount, $5,733.13 was collected in criminal actions and $8,250 was collected in civil actions.

Overall, the Justice Department collected nearly $15 billion in civil and criminal actions in the fiscal year ending on September 30, 2018. The $14,839,821,650 in Fiscal Year 2018 collections is nearly seven times the appropriated $2.13 billion ($2,136,750,000) budget for the 94 U.S. Attorneys’ offices, reported this site of a top attorney firm.

“The men and women of the U.S. Attorneys’ offices across the country work diligently, day in and day out, to see that the citizens of our nation receive justice. The money that we are able to recover for victims and this country as a whole is a direct result of their hard work,” Director James A. Crowell, IV, Executive Office for U.S. Attorneys.

In the past fiscal year, the Eastern District of North Carolina has returned millions of dollars to crime victims. For example, in United States v. Justin Lawrence Daniel, over $2.3 million was recovered for victims of the defendant’s criminal conduct. In United States v. Mittesh Das, $750,000 was recovered for victim restitution and paid at the time of sentencing.

The District has also recovered significant taxpayer money lost to fraud or other misconduct, collected civil fines imposed for violations of federal law, and collected civil debts owed to various federal agencies. For example, in United States v. Physicians Pharmacy Alliance, $1.7 million was recovered for the Health and Human Services’ Center for Medicare & Medicaid Services and for the North Carolina Medicaid Program. The United States has recovered an initial payment of $750,000 from Rouseco, Inc, toward a $5.8 million judgment in United States v. Rouseco, Inc.

“We will use every available tool to aggressively collect victim restitution and criminal fines, and recover a lot more taxpayer dollars that are either lost to fraud or otherwise owed to government agencies,” said Mr. Higdon. “Asset forfeiture also serves important law enforcement interests, and we will continue to aggressively forfeit the proceeds of crime and the assets used to facilitate it. We are proud of the men and women in our office who dedicate themselves each and every day to ensuring justice through their collection efforts. They are to be congratulated for their tremendously successful efforts.”

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.

Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.

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

U.S. Department of Justice

Henderson Man Sentenced for Receipt of Firearm While Under Indictment

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

United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge James C. Dever, III sentenced TYQUEL ALSTON, 19, of Henderson, North Carolina to 54 months imprisonment, followed by 3 years of supervised release.

ALSTON was named in an Indictment filed on May 16, 2018, charging him with receipt of a firearm while under indictment. On August 7, 2018, ALSTON pled guilty to that charge.

On May 9, 2018, ALSTON was pulled over leaving a known drug area by law enforcement officers with the Henderson Police Department. ALSTON was driving erratically and at a high rate of speed when law enforcement initiated the traffic stop. Officers could smell marijuana in his car and subsequently searched the car. Under the passenger seat officers found a Leinad Inc., Model M-11, 9mm pistol with an extended magazine. The magazine was loaded with 16 rounds. ALSTON is a prohibited possessor of firearms because he was under Indictment for Trafficking in Heroin, Larceny of a Motor Vehicle, Possession of a Stolen Vehicle and Possession of a Handgun by a Minor. Those charges were then pending in the Vance County Superior Court.

The Court granted the Government’s request for an upward departure in the defendant’s sentence because ALSTON was likewise under indictment for his participation in a drive-by shooting that occurred on May 25, 2017. During that shooting, an unintended victim, a pregnant 17-year-old female, was shot in the leg when one of the bullets went into her home that was located across the street from the shooting location. ALSTON previously threatened his girlfriend with firearms in March and May 2018. On both occasions his girlfriend reported to police that ALSTON pointed a firearm at her and threatened to kill her during a domestic dispute. The indictment related to this shooting was pending in Vance County Superior Court at the time he possessed the weapon that was the subject of the federal charges.

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.

That effort has been implemented through 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 Henderson Police Department as well as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case was prosecuted by Assistant United States Attorney Charity Wilson.

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

U.S. Department of Justice

Five Aliens Indicted on Illegal Reentry Charges; One Found in Franklin Co.

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-Press Release, U.S. Dept. 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 BRAYAN ALEXANDER FUNEZ-ESPINOZA, age 28, of Mexico, ROMERO FLORES-AGUILAR, age 30, of Mexico, JESUS GARCIA HERNANDEZ, age 43, of Mexico, RODOLFO ROA-SAUCEDO, age 35, of Mexico, and JUAN ZARAGOZA-ZARAGOZA, age 36, of Mexico, with Illegal Reentry of a Deported Alien.

If convicted of illegal reentry of a deported alien, FUNEZ-ESPINOZA, previously deported twice and found in Wake County, FLORES-AGUILAR, previously deported twice and found in Johnston County, GARCIA-HERNANDEZ, previously deported three times and found in Franklin County, ROA-SAUCEDO, previously deported twice and found in Pitt County, and ZARAGOZA-ZARAGOZA, previously deported four times and found in Beaufort 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

Jamil Lewis, of Henderson, Sentenced for Possession of Firearm by Felon

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-Press Release, U.S. Department of Justice

The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that United States District Judge Louise W. Flanagan sentenced JAMIL HASSAN LEWIS, 37, of Henderson to 63 months’ imprisonment, followed by 3 years of supervised release.

LEWIS was charged in a one-count indictment filed on May 2, 2018. On July 25, 2018, LEWIS pleaded guilty to being a felon in possession of a firearm.

On September 12, 2017, officers with the Selective Enforcement Unit of the Raleigh Police Department were attempting to locate LEWIS due to outstanding warrants for multiple sex offenses. During their search, officers went to an address in which they believed LEWIS was located. Officers knocked on the door and LEWIS answered and was placed under arrest. A protective sweep of the home recovered a loaded .25 caliber handgun in plain view. During subsequent questioning, LEWIS confessed to having the firearm.

This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

That effort has been implemented through 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 Raleigh Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney Daniel William Smith prosecuted the case on behalf of the United States.

News releases are available on the U.S. Attorney’s webpage located at www.usdoj.gov/usao/nce. Follow us on Twitter @USAO_EDNC

Oxford Police Dept

Oxford Man Sentenced on Firearms Charge

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

The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, United States District Judge Malcolm J. Howard sentenced JAMAAL RAY CURTIS, 36, of Oxford to 188 months’ imprisonment, followed by 5 years of supervised release. CURTIS pled guilty to one count of possession of a firearm by a convicted felon on January 11, 2018.

In 2016, investigators with the Oxford Police Department (OPD) received information that CURTIS was selling narcotics from his residence in Oxford. CURTIS was on post-release supervision arising from state charges, so on December 13, 2016, members of the North Carolina Department of Probation and Parole Services conducted a compliance check at CURTIS’s residence. Finding that CURTIS was not home, OPD learned that he was at the Oxford residence of his child’s mother.

When investigators responded to that residence and knocked on the door, they spotted CURTIS attempting to leave through a side door. Officers entered the residence and found CURTIS attempting to hide in a back bedroom. After CURTIS admitted that he had a firearm in a nearby coat, officers found and seized a .25 caliber pistol from a coat pocket. On CURTIS’s person, officers found over an ounce of cocaine and $3,000.

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.

The investigation of this case was conducted by the Oxford Police Department, the North Carolina Department of Public Safety, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).

News releases are available on the U.S. Attorney’s webpage located at www.usdoj.gov/usao/nce. Follow us on Twitter @USAO_EDNC

U.S. Department of Justice

2018 Eastern District Election Officer Appointed

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-Press Release, U.S. Department of Justice

United States Attorney Robert J. Higdon, Jr. announced today that Assistant United States Attorney (AUSA) Robin Pendergraft, Chief of the Criminal Division will lead the efforts of the U.S. Attorney’s Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general elections. AUSA Pendergraft has been appointed to serve as the District Election Officer (DEO) for the Eastern District of North Carolina, and in that capacity is responsible for overseeing the District’s handling of any complaints of election fraud or voting rights abuses in consultation with Justice Department Headquarters in Washington.

“Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud,” said United Staes Attorney Higdon. “The Department of Justice is dedicated to protecting the integrity of the election process.”

The Department of Justice has an important role in deterring election fraud and discrimination at the polls and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.

Federal law protects against such crimes as 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 acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.

The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise may exercise it if they choose, and that those who seek to corrupt the voting process are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Higdon stated that AUSA/DEO Pendergraft will be on duty in this District while the polls are open. She can be reached by the public at the following telephone number: 919-856-4530.

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 Raleigh FBI field office can be reached by the public at 919-380-4500.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to voting.section@usdoj.gov or by complaint form at https://www.justice.gov/crt/complaint/votintake/index.php.

United States Attorney Higdon said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”

News releases are available on the U.S. Attorney’s webpage at www.usdoj.gov/usao/nce. Follow us on twitter @USAO_EDNC.

U.S. Department of Justice

Warrenton Man Indicted for Drug Distribution & Firearm Charges

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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 a Federal grand jury in Raleigh has returned a three-count indictment charging ROBERT FULTON BACON, a/k/a “Face,” age 32, of Warrenton, North Carolina, with one count of possessing a firearm and ammunition as a convicted felon and two counts of possessing with the intent to distribute cocaine and crack cocaine.

If convicted of these charges, BACON would face maximum penalties of 20 years’ imprisonment, and at least 3 years or up to life of supervised release following any term of imprisonment.

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

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. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting 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.

The case is being investigated by the Warren County Sheriff’s Office. Assistant United States Attorney Robert J. Dodson is prosecuting the case for the government.

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