PRESS RELEASE: Murrieta Superior Court Judge Denies Football Coach’s Petition for Restraining Order Against Parent of a Former Player

Murrieta Superior Court Judge Denies Football Coach’s Petition for Restraining Order Against Parent of a Former Player

Murrieta Superior Court Judge Denies Football Coach’s Petition for Restraining Order Against Parent of a Former Player

Vista Murrieta High School Defensive Backs Coach, who is also Head Coach and Commissioner of the Murrieta Broncos Junior All-American Football Team and the Frat Boyz Club 7 on 7 Football Team, claims to have feared for his life and sought protection.

Temecula, California Jun 5, 2023 – On May 10, 2023, Christopher Lee Mercadal filed California Judicial Form CH-109 – a Notice of Court Hearing (Civil Harassment Prevention), accompanied by Judicial Form CH-110 – Temporary Restraining Order (see photos), in a Murrieta Superior Court, seeking to have Tommy Sevilla, a former friend, former Murrieta Junior All-American Football Associate Chapter AD and Deputy Commissioner of the Murrieta Broncos, banned from all “Southern California Junior All-American Football” fields and schools in the Murrieta area where the Defendant’s children participate in youth sports (Mercadal v Sevilla Case #: CVSW2302721 ).

Later in the week, Petitioner Mercadal had the Riverside County Sheriff serve Defendant Sevilla at his home. The Sheriff’s Deputy was obligated by law to have Sevilla surrender any and all firearms that he had in his possession in lieu of the May 11th Superior Court Hearing. Sevilla had no weapons to surrender, and Sevilla would later testify to the Court that he has never owned a firearm, nor has he been in possession of one, and that Mercadal was making false statements about gun possession to deceive the Court into granting his baseless Petition, especially as firearms have never been mentioned in any of their conversations.

Mercadal’s Petition to the Court also claimed that Sevilla was a Central American “gang member” (Sevilla is Mexican and Puerto Rican) who owned, had possession of, or had access to guns and fellow gang members that Mercadal feared could harm him. Mercadal further testified to the Court that Sevilla labeled him as a “child abuser” and was upset that Sevilla made these allegations against him to Kyle Jackson – President of the Murrieta Broncos Junior All-American Football team, the principles within the Southern California Junior All-American Football organization, as well as Vista Murrieta High School administrators and to Head Coach – Coley Candaele; former Head Coach Pederson and their athletic director – Carl Galloway.

The feud between the former friends and colleagues within the Murrieta Junior All-American Youth Football Organization and Frat Boyz team organization started when Sevilla wrote an email to Coach Mercadal as a parent and friend, touching on matters of concern that directly affected his family and his son; namely that Sevilla’s son was loyal to Merc, had chosen to skip a TrialNet Study for Type 1 Diabetes at Standford University in order to accommodate Mercadal’s request for Sevilla’s son to play up in age group with the 12u Frat Boyz team in a tournament whereby they would play the elite OG Ducks team on Sevilla’s son’s birthday no less. When Sevilla’s son, a very skilled athlete, would receive zero playing time in that game, Sevilla’s son was dejected and both were obviously miffed at the fact that all of the coach’s son’s, many of whom are not at the skill level of Sevilla, played in the game. Sevilla, in his email to Merc, pointed out these things and told Merc that the rivalries were not between the players, but rather between the coaches who get the huge trophy afterward and whose sons get the MVP trophies while the rest of the players don’t so much as get a bottle of water, according to Sevilla’s email to Merc (see attached), written in a non-threatening and even pleasant manner, ending it with an invitation to smoke cigars and drink whiskey. Mercadal’s violent and disrespectful response to Sevilla about his son would set the tone for the future marked by retaliation. First, based upon information and belief, Mercadal would immediately lobby to have Sevilla removed from the MJAAF Board, which he was, but Sevilla, also the League’s Webmaster, would never learn of such a move until it was time to log in to the website from which he was now suddenly blocked from accessing. Following these events, Sevilla and his family would be harassed and threatened by a colleague of Mercadal’s – youth football coach, Reginald Kemp, known as “Coach Kemp”, who would threaten in text messages to harm Sevilla’s kids and his wife, repeatedly telling Sevilla that he knew where his kids slept and where he lived. When Sevilla reached out to MJAAF President – Kyle Jackson and Mercadal about their colleague and to intervene – they took no action and effectively refused to protect their player. What would follow would be the incident where his son, after Sevilla pulled him from the Murrieta organizations and placed him with Menifee Wildcats and Relentless Premier Athletes, the violent hits to his son and grandson in touch 7 on 7 football and tackle scrimmages; hence the paper trail of complaints that Mercadal would be upset by and take legal action against, claiming that he now feared for his life after the allegations of harming Sevilla’s son and grandson. Sevilla never responded to Mercadal’s response, which also degraded Sevilla’s son and told Sevilla to “kiss [his] ass” and to take his son to one of the many other organizations in the area. Sevilla’s son was a key player and defensive and special team starter on Mercadal’s 2021/2022 Micro Division Super Bowl Championship team and was starting quarterback for Mercadal’s Frat Boyz 10u team.

During the Court Hearing, Mercadal claimed that Sevilla never sought an investigation into the allegations but in Sevilla’s response to the Court, Sevilla produced letters to the Court in evidence; letters to Mercadal’s superiors and testified at length to the contrary stating that he wrote in complaint, adhering to the chain of command, by first requesting investigation by Kyle Jackson of the Murrieta Broncos (MJAAF), then Southern California Junior All American Football (SCJAAF), and only Vista Murrieta High School and District Officials after those organizations failed to respond to his written complaints and requests for investigation, informing Murrieta Valley School District Officials of a “rogue” coach whose coaching style and violent culture will expose them to liability issues and potential lawsuit from him as they, in effect, sanction and endorse his behavior by allowing him and his organizations to identify with the high school “Broncos” and utilize their facilities, warning them that other kids can fall victim in the future. According to Sevilla’s correspondence with Vista Murrieta and Murrieta Valley officials, he admonished them for choosing to remain deliberately indifferent and negligent. Sevilla has yet to receive the results of any investigation into the alleged intentional targeting of his son and grandson from Vista Murrieta High School, MJAAF, SCJAAF, or the Frat Boyz.

At the Hearing, Mercadal, after seeing the voluminous response filed by Sevilla, would return to Court, after the recess, with defaming written statements from Sevilla’s ex-assistant baseball coaches of several seasons (Sevilla was Head Coach): Destrian Vallejo and George Uhila, both of whom were brought into the aforementioned Murrieta youth football organizations by Sevilla but the Judge would cut Mercadal’s introduction of his alleged new exhibits short and admonish him about the burden he carries to prove his allegations, rather than defame the Defendant, as well as proper discovery to the Defendant, who was previously unaware of such written letters and was not previously served with them. The Murrieta Judge further informed Mercadal that Sevilla had a right to make such complaints to his “employers”, as Mercadal referred to them as being, and that Sevilla’s response to Mercadal’s alleged actions was understandable in light of the context of physical injury to his child and grandchild and that he saw no evidence of Sevilla ever having engaged in gang activity or having any recent criminal legal troubles. The Judge would however, ask Sevilla point blank if he challenged Mercadal to a fight and Sevilla admitted to the Court that his statement to Mercadal, which Mercadal produced in Court relative to challenging Mercadal to settle the matters like grown men, were true, but promised to the Court that he would not beat Mercadal up for allegedly harming his son and grandson and that the aforementioned organizations should’ve been responsible in sanctioning Mercadal.

Petitioner Mercadal’s Petition was DENIED in its fullness and the previous Temporary Restraining Order Pending Hearing was VACATED.

Sevilla adds that he was approached after the Hearing by others present in the hallway, including his young son, who overheard an adult couple ask Mercadal if he had “won” his Hearing after he exited the Courtroom and to which Mercadal reply confidently, “I’ll get him next time,” while doing the Crip Walk.

Statement from Defendant Sevilla:

“Chris Mercadal or Coach Merc as he is known is a legend in his own mind and can now also be known as one who has made many false and unprovable allegations to the Superior Court of California to cause further injury to my child, grandchild, and family. Here he is, a grown-ass man who is known within the youth football community for his lack of class, inciteful behavior, and starting shit while hiding behind his coaches and parents – teaching his players to yell out ‘SQUUUUAAAADDD’, (i.e. hit squad) along with him, his coaches and parents after scores, violent hits and simply to incite and taunt the opposing teams. He is like a little Chihuahua who is all bark and no bite. He says things like ‘come catch a fade’; squats down and throws up signs like a gang member during his photo ops but runs to the authorities and his superiors when somebody real and who doesn’t play around calls his bluff. Apparently, he thought that he could hurt me by – based upon information and belief – causing serious physical injury to my then 11-year-old son and 13-year-old grandson, most recently.

What kind of man does that?

There are many labels to describe such a man, especially when it only happened when I wasn’t present as he knows better than to do that shit when I’m there! I had to hear about it from multiple parents, coaches, and team officials who – based upon information and belief – all believed that it was intentional and at the very least, unwarranted, classless, and illegal. To this very day and even in open Court, Merc has yet to deny the allegations and apologize to all affected but would rather double down and cause further damage with his many false allegations that he failed to prove in Court.

The dude is all about himself as a Coach and should fear every parent whose child is seriously injured by his team’s classless culture and disrespectful style of play. The best thing we ever did was take my son to the Menifee Wildcats and Relentless; those coaches and organizations have shown themselves to be the real deal and have valued my son’s play and leadership, with Coach Darris and Coach D being exceptionally involved and protective against Murrieta Broncos and Frat Boyz bullshit and gossip. Those dudes don’t play either.

For God’s sake, my grandson was clotheslined in a touch football game by Merc’s Frat Boyz team and he and his coaches, parents, and players celebrated the hit and a near riot ensued while he hid behind his coaches and parents as usual.

My son? Merc’s players – my son’s former teammates – called him a ‘traitor’ at JAAF Weight Certification, and he and his coaches were heard by our Menifee coaches and parents all telling their players to ‘get violent’ – according to their statements – before they took my quarterback son out at his knees well after the whistle.

Shame on Celeste Scallion, Vista Murrieta Principal and Coach Pederson, and Candaele and his staff, along with Kyle Jackson of MJAAF, for not taking the matter seriously and not even investigating and responding to me with the results of the investigation. To this very day, I have yet to receive a response from his superiors on my request for investigation, but rather, they have chosen to coddle the one alleged to have acted inappropriately and illegally. They share in Merc’s responsibility, and in Court, I will hold them accountable for their liability in these matters.

Any coach who coaches with or for him and any parent who allows their kid to play for such a guy needs a character check.

The awesome part about all of this and evidential of my son’s character is that he never once complained or raised these issues, however, it greatly affected him emotionally as we as parents could readily see. It was the principals within the organizations, video evidence, and other parents who confirmed Merc’s alleged behavior and that of his players when I wasn’t present and out on business or with my son for the California State Wrestling Championships. he’s a fiercely loyal kid who never complains and can sure as hell handle himself. My follow-up to all of this shameful behavior – as a coach myself for more than 41 years – is to protect other kids and to warn those in the authority of one who doesn’t belong in the coaching ranks or among kids. Hell, Merc has failed to acknowledge my son personally at the subsequent football games and especially in Court where he acted pridefully and arrogantly. At least my son sees now what that dude is all about.”

Sevilla’s son would suffer total pancreatic failure – Type 1 Diabetes – during this timeline of events and season. However, he continues to excel in sports (wrestling, boxing, basketball, baseball, and football) and set an example for others while Insulin-dependent.

The Court transcripts and case information may be accessed here: Media Information (ca.gov)

 

 

 

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Categories : Family , Legal , Lifestyle , Society , Sports
Tags : chris mercadal , vista murrieta football , coley candaele , kyle jackson , murrieta broncos , frat boyz , southern california junior all american football , murrieta junior all american football , coach merc , mercadal defensive backs coach

United States Department of Justice – ADA Complaint – Filed Against Menifee Girls Softball – USA Softball – ASA Softball

United States Department of Justice – ADA Complaint – Filed Against Menifee Girls Softball – USA Softball – ASA Softball

Menifee Girls Softball President – Jennifer Martinez and the MSG Board – Censor a MSG 8u Manager – Selectively Punish Him in Violation of Their Own Rules While Protecting Fellow Board Members Who Violated Code of Conduct – Appeal Met with Corruption

A United States Department of Justice ADA Complaint was filed against Menifee Girls Softball, ASA Softball and USA Softball, alleging willful discrimination and retaliation against 8 year old Type 1 Diabetic Menifee Girls Softball Player – Gracie Sevilla and her parents.

Gracie Sevilla, age 8, is a Type 1 Diabetic Athlete who suffered total pancreatic failure at age 4 and is Insulin dependent, requiring multiple daily injections of Insulin to metabolize the carbohydrates she eats in her meals and snacks throughout the day; in a healthy individual, this is the job of the functioning Pancreas. Gracie also wears a Dexcom Continuous Glucose Monitoring System; a small device with a filament that inserts below the skin and continuously tests the interstitial fluid for accurate Glucose levels, then brings the reading back to her parents’ mobile device every 5 minutes. The Dexcom alerts both high and low Glucose levels for immediate treatment decisions.

Gracie has endured Blood Glucose Levels as high as 600 + and as low as 24. Both exceedingly high or low levels, such as these, can result in Diabetic Coma or Ketoacidosis, both of which can be fatal in a short matter of time.

Gracie’s father, Tommy Sevilla, was Manager of Menifee Girls Softball (MSG https://www.menifeegirlssoftball.com) 8u 3-0 Florida Gators team and was one of 5 different Managers that were ejected by overzealous umpires on one day and weekend; Sevilla pointed out an illegal Coach Pitching motion that allowed for the opposing player to easily hit the ball and score runs, in violation of MSG Rules but was rebuffed by the Umpire – who arrived to the game in a foul mood 25 minutes after it had started. According to MSG rules, a Manager who is ejected during a game, must also serve an additional game suspension and must immediately leave the premises – not owned by MSG – and cannot be physically present for the next game. However, in retaliation for his free speech and non-threatening comments about overzealous umpires on the MSG Coaches Social Media Thread, Coach Sevilla was censored, as Board Member at Large, Alysa Mugica, her husband and others; including MSG Board Vice-President, David Miller – openly disparaged him on the thread, both before and after he was censored, and while Board President, Jennifer Martinez did nothing but allow the open disparagement; thus violating MSG’s Social Media Policy and Code of Conduct; they were not punished in any form but within minutes of censoring Sevilla on the thread, a vote was taken by the MSG Board to remove him as Manager of the team and thus also nullifying the requirement for him to have to serve the additional game suspension as Manager.

Coach Sevilla appealed their game loss officially, on the grounds that the opposing team won the game due to runs scored with an illegal soft toss underhand pitching motion by the opposing coach that was recorded on video, as well as the game not being a “regulation game” since the game started almost 20 minutes late on account of the Umpire showing up late and the game having to be started by a Board Member acting as an Umpire. However, the MSG Board would attempt to delay and suppress the Appeal by first demanding a $35 fee to hear the Appeal then fail to provide a method or mode of payment for the Appeal when Coach Sevilla was diligent in trying to pay the fee then, not showing up to the designated meeting place (practice field) to pick up Coach Sevilla’s payment. Official witnesses and evidence provided by Sevilla for his Appeal was not considered, in violation of League Appeals Policy and without notice and unbeknownst to Coach Sevilla, the Appeal was heard illegitimately, falsely and corruptly; claiming video evidence not supplied by Coach Sevilla – with no witness testimony and Sevilla not present or being invited to attend; the Board would lie and falsely claim that the opposing Coach pitched in a League approved pitching motion and essentially that the game started on time, despite abundant evidence to the contrary.

Gracie Sevilla subsequently, was not allowed to play in the next game because despite being warned of a potential ADA violation (Americans with Disabilities Act Title II Regulations; Part 35 – non-Discrimination on the Basis of Disabilities, et. al….), because her mother, Melodie Sevilla couldn’t attend the game and her father, who is trained to be able to manage her Diabetes, was banned from the game now as her parent, due to the unprofessionalism, spite and retaliation from MSG Board President, Jennifer Martinez and fellow Board Members: David Miller, Vice-President, Steven Cordova, Coaches Agent, Rachelle Wade, Player Agent, Lindsey Duffy, Treasurer, Ashley Vidal, Secretary, Kyle Titterness, UIC and others. Ultimately, Board President, Jennifer Martinez refused to make a reasonable accommodation for Gracie to play in the game and scoffed at the requirement of law and remained deliberately indifferent to Gracie’s qualifying disability, bent on punishing her father as a parent. Jennifer Martinez would threaten to call law enforcement if Gracie’s father, the censored Coach were to show up but backed off that threat when she was appraised of the fact that she had no authority to do so on private property not owned by but only used buy the league; Marion Ashley Park is a public facility. However, Martinez would then threaten to punish the entire Gators’ team of 8 year old girls with a “forfeit” if their Coach – Sevilla – were to be at the game to watch the team and his daughter play and also be there to treat her Diabetes so that she could play in the game.

Gracie’s mother, Melodie Sevilla, would reach out to Martinez then the USA Softball Board of Directors; including but not limited to: State Commissioner, Christina Drumm, President, Mike Schuck, who never responded to calls and emails and when she reached out to Rhonda Shirey, the Eastern District Commissioner, she was again met with deliberate indifference as Shirey promised to intervene and get back to Mrs. Sevilla by days end, she never did and ignored all follow up urgent phone calls and voicemails left and emails sent to her by Mrs. Sevilla.

Menifee Girls Softball Board President, would openly scoff at the issue, make no effort to provide a reasonable accommodation in accordance with Federal Law, focus on Coach Sevilla now being punished as a Parent, while no longer a Manager of a Team, and ultimately causing tremendous undue stress and trauma upon Gracie and her family, as well as the team itself, who now lost their Manager, faced forfeit scenarios and a season ruined by Menifee Girls Softball Board of Directors politics.

Gracie Sevilla was deprived of the opportunity to play in the game in question and subsequently, several additional games due to this controversy and the deliberate indifference and attitude toward her disability by the MSG board of Directors, ASA Softball and USA Softball, who refuse to intervene and honor the American with Disabilities Act.

On June 8, 2021, a Complaint was filed with the Department of Justice alleging that Jennifer Martinez, et al, the MSG Board, USA softball and ASA Softball, have willfully discriminated and retaliated against 8u girls softball player – Gracie Sevilla and her family.

Gracie Sevilla is a Folkstyle Youth Wrestling Champion for Team So. Cal of Temecula, winning her first two tournaments in Bakersfield, California and Phoenix, Arizona, even being awarded the “Most Outstanding Wrestler Award” as an athlete new to the sport of competitive wrestling. Gracie also excels in Gymnastics, Basketball, Soccer; she was the quarterback on her fathers Friday Night Lights Football team;  and is a Pitcher on her Menifee 8u Girls Softball team, recording 8 strikeouts against 9 batters faced in her first ever game as Pitcher.

Central Texas Lawyer Guilty of Swindling Colombian Drug Trafficking Clients

Department of Justice
U.S. Attorney’s Office
Eastern District of Texas

FOR IMMEDIATE RELEASE

Tuesday, October 29, 2019

Central Texas Lawyer Guilty of Swindling Colombian Drug Trafficking Clients

SHERMAN, Texas – A Central Texas criminal defense lawyer was found guilty of federal violations related to an international fraud scheme involving his Colombian cocaine trafficking clients, announced U.S. Attorney Joseph D. Brown and FBI Special Agent in Charge Matthew J. DeSarno of the Dallas Field Office today.

James Morris Balagia, 62, of Manor, Texas was found guilty by a jury of five federal charges today following a two week trial before U.S. District Judge Amos Mazzant.

According to information presented in court, Balagia, also known as Jamie Balagia, also known as The DWI Dude,
DUI Dude Van

had a law practice with offices in San Antonio and Manor specializing in defending clients charged with violations such as driving while intoxicated and drug possession. In 2014, Balagia conspired with Florida private investigator, Chuck Morgan, and Colombian attorney, Bibiana Correa Perrea to swindle Colombian drug traffickers under the guise of bribing officials in the United Sates. During meetings in Colombia and in Collin County, Texas, the group represented that in exchange for inflated “attorney fees,” they were in contact with government officials in the United States who would accept bribes resulting in either the dismissal of their criminal charges or significant reductions in their U.S. federal prison sentences. In reality, there were no bribes or government officials.

The Office of Foreign Assets and Control (OFAC) had previously designated Balagia’s Colombian clients as “Specially Designated Narcotics Traffickers.” These individuals were considered some of the biggest drug traffickers in the world. As such, they were on an OFAC list, essentially freezing their assets and prohibiting U.S. persons from engaging in any financial transactions or dealings with them unless they had received an OFAC license. In order to comply with federal requirements under the “Kingpin Act,” Balagia was advised to obtain an OFAC license on multiple occasions but failed to do so.

As part of the scheme, Balagia provided Colombian co-conspirators with his personal bank account number and routing number. Evidence at trial showed multiple deposits over several months into the account in amounts intended to avoid federal cash transaction reporting requirements. The cash deposits were made at bank counters across the United States by anonymous individuals with daily deposits totaling just under the $10,000 reporting threshold. Additionally, at least four bulk cash payments were made to Balagia in amounts ranging from approximately $70,000 to $120,000. Balagia admitted to driving from his San Antonio office to a mall parking lot in Katy, Texas, where he was given a shopping bag filled with bundles of cash from either an unknown individual, or an individual who identified himself only as “Coco.” In an attempt to conceal these payments, Balagia failed to report the payments as required by federal law.

Balagia was indicted by a federal grand jury on Dec. 15, 2016. Bibiana Correa Perea pleaded guilty and was sentenced to 84 months in federal prison on June 29, 2018. Chuck Morgan pleaded guilty and was sentenced to 72 months in federal prison on Mar. 8, 2018.

Balagia was found guilty of conspiracy to commit money laundering; obstruction of justice, violation of the Kingpin Act; conspiracy to commit wire fraud; and conspiracy to obstruct justice.

“This defendant-and his group-were running a scam on drug dealers – some of the biggest drug dealers in the world,” said U.S. Attorney Joe Brown. “Fortunately for him, these drug dealers chose to turn him into the FBI rather than handle it any other way. It is important for the American justice system that we prosecute those who represent that the justice system is for sale. The Colombians, and criminals in every other country that we deal with, need to understand things don’t work that way in the United States. When we have lawyers representing that officials can be bought, we take that very seriously.”

“The defendant used his position as an attorney to not only steal from drug lords, but also to sell out the U.S. justice system in order to line his own pockets,” said FBI Special Agent in Charge Matthew J. DeSarno of the Dallas Field Office. “The FBI prioritizes all cases of public corruption and we will continue to hold these officials accountable for using their positions to benefit financially.”

This case is the result of an extensive joint investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.

Under the federal sentencing guidelines, Balagia faces up to 30 years in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

This case was investigated by the Federal Bureau of Investigation’s Dallas Field Office – Frisco Resident Agency and prosecuted by Assistant U.S. Attorneys Heather H. Rattan and Jay Combs.

Three Port Everglades Employees and Business Owner Sentenced to Prison for Fraud Scheme

Department of Justice
U.S. Attorney’s Office
Southern District of Florida

FOR IMMEDIATE RELEASE

Tuesday, October 29, 2019

Three Port Everglades Employees and Business Owner Sentenced to Prison for Fraud Scheme

U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida and Special Agent in Charge George L. Piro of the FBI’s Miami Field Office announced that Port Everglades employees, William Woessner, 68, of Margate, Florida, David Moore, 43, of Pompano Beach, Florida, and Rajindra Lallharry, 60, of Coral Springs, Florida, and business owner Bryan Zascavage, 57, of Pompano, Florida, were sentenced to prison today for their involvement in a fraud scheme. The defendants had each previously pled guilty to participating in a conspiracy to commit fraud concerning programs receiving federal funds.

According to the court record, including the factual statements in support of the defendants’ guilty pleas, Woessner, Moore, and Lallharry were issued purchase cards or P-cards, which were to be used to buy business related goods and services for Port Everglades. Instead, they utilized the P-cards to engage in schemes to illegally profit from the use of the cards. Zascavage operated a business, Z & Z, Inc., that provided goods and services to the Port. Woessner and Zascavage engaged in a scheme wherein Woessner would direct Zascavage to purchase certain goods. Woessner would pay for the goods using his Port Everglades P-card, but the goods were not sent to Port Everglades. Instead, Woessner utilized the goods at his plumbing company. In addition, Moore and Zascavage engaged in a scheme wherein Zascavage would receive payments for goods ordered by Moore utilizing his Port Everglades P-card. None of the goods would be sent to the Port. Instead, Zascavage and Moore would split the illegally obtained funds. Further, John McGahee and Zascavage engaged in a scheme wherein Zascavage would receive payments for services ordered by McGahee utilizing his Port Everglades P-card. The services ordered by McGahee would not be performed by Zascavage or his company. Zascavage and McGahee would split the illegally obtained funds.

Lallharry’s family owned five separate companies. Lallharry would utilize his P-card to make direct payments to each of the family-owned companies for goods to allegedly be utilized by the Port. The goods were not delivered to the Port. The illegally obtained funds were utilized by Lallharry and his family to pay personal expenses, including approximately $101,790.85 to pay monthly expenses due the Chapter 13 trustee overseeing Lallharry’s bankruptcy.

Lallharry was sentenced by U.S. District Judge William P. Dimitrouleas to 21 months in prison, to be followed by 3 years of supervised release, and was ordered to pay $206,297.74 in restitution (Case No. 19cr60205). After his sentencing, Lallharry was remanded to the custody of the U.S. Marshals Service to begin serving his sentence of imprisonment. Woessner was sentenced by U.S. District Judge Roy K. Altman to 21 months in prison, to be followed by 3 years of supervised release, and was ordered to pay $153,685.88 in restitution (Case No. 19cr60202). Zascavage was sentenced by U.S. District Judge Ursula M. Ungaro to 12 months and 1 day in prison, to be followed by 3 years of supervised release, and was ordered to pay $205,706.90 in restitution (Case No. 19cr60203). Moore was sentenced by Judge Ungaro to 3 months in prison, to be followed by 3 years of supervised release, and was ordered to pay $34,768.86 in restitution (Case No. 19cr60206).

McGahee is scheduled to be sentenced on Nov. 18, 2019 (Case No. 19cr60204).

U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI in connection with this matter. She also thanked the Broward County Sheriff’s Office – Public Corruption Unit, Office of the Broward County Auditors, and Port Everglades Department – Port Director’s Office for their assistance with the investigation. The case was prosecuted by Assistant U.S. Attorney Jeffrey N. Kaplan.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on https://pacer.flsd.uscourts.gov

Former Administrator of Texarkana Assisted Living Facility Guilty of Federal Violations

FOR IMMEDIATE RELEASE

Tuesday, October 29, 2019

Former Administrator of Texarkana Assisted Living Facility Guilty of Federal Violations

TEXARKANA, Texas – A 43-year-old Little Rock, AR man has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Antonio Otero pleaded guilty to an Information charging him with equity skimming today before U.S. Magistrate Judge Barry A. Bryant.

According to information presented in court, from before 2011 until October 2015, Otero was the administrator of the Magnolia Alzheimer’s Assisted Living facility in Texarkana, Texas, and was instrumental in the founding and operation of the facility. In order to secure millions of dollars in necessary funding, Otero obtained a loan that was insured by the U.S. Department of Housing and Urban Development (HUD.) The HUD insured loan provided a favorable interest rate and did not require the owners of the Magnolia to take personal responsibility for the loan in the event of a default. Instead, HUD would suffer the financial loss in the event that the Magnolia defaulted on the loan. As a condition of this federal benefit, Otero and the owners of the Magnolia agreed to be bound by a regulatory agreement with HUD that prohibited them from removing equity from the Magnolia unless the loan was being paid and the Magnolia had surplus cash.

Instead of paying the HUD insured loan, Otero engaged in a scheme to skim equity from the Magnolia. For example, Otero took money from the Magnolia to pay for $3,952 of camera equipment, a $3,247 watch, $2,520 in landscaping for his personal residence, a $27,408 personal mortgage payment, a $12,750 down payment on a personal vehicle, and $1,540 tickets to a Dallas Cowboys football game. Additionally, he took money from the Magnolia and gave it to other individuals, including $13,000 for cosmetic surgery, $5,500 for a loan repayment, and $30,000 in equity distributions. In total, Otero took personal responsibility for causing a loss to the United States in the amount of $2 million. As part of his plea agreement, he has agreed to pay restitution in that amount to the United States.

Under federal statutes, Otero faces up to five years in federal prison at sentencing and restitution to the parties involved. The maximum penalty prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

This case is being investigated by the Fort Worth Office of the U.S. Department of Housing and Urban Development’s Office of Inspector General and prosecuted by Assistant U.S. Attorney Jonathan R. Hornok.

Chicago Man Pleads Guilty to Meth Trafficking, Faces 15 Years in Prison

Department of Justice
U.S. Attorney’s Office
Western District of Missouri

FOR IMMEDIATE RELEASE

Tuesday, October 29, 2019

Chicago Man Pleads Guilty to Meth Trafficking, Faces 15 Years in Prison

‘I Should Have Stayed in the Bushes’ He Tells Officers

KANSAS CITY, Mo. – A Chicago, Illinois, man who was arrested while driving through northern Missouri pleaded guilty in federal court today to possessing nearly a kilogram of methamphetamine to distribute.

Kevin M. Phyfiher, 29, pleaded guilty before U.S. District Judge Greg Kays to one count of possessing methamphetamine with the intent to distribute.

A Missouri State Highway Patrol trooper stopped the Dodge Caravan Phyfiher was driving on Interstate 29 in Andrew County, Missouri, on May 8, 2017. In addition to Phyfiher, co-defendant Donta Mosley, 27, of Chicago, was in the cargo area of the van, and there were two female passengers. Phyfiher was not identified as a lawful driver of the vehicle, which had been rented by his cousin (who was not present).

Officers directed Phyfiher and the passengers to get out of the van while they deployed a police support canine. Mosley, who had a handgun in his waistband, was arrested. The others were instructed to get on the ground during the search. Phyfiher then fled, running into the underbrush, and law enforcement officers were unable to find him. During a later search of the vehicle, officers found two plastic baggies that contained a total of 907 grams of methamphetamine.

The next day, a vehicle was reported as stolen from Jesse’s Last Stop Gas Station in Andrew County. At about 6:19 a.m., a state trooper saw Phyfiher driving the stolen vehicle on 36 Highway. The trooper attempted to stop the vehicle and the vehicle attempted to evade the officer. After several miles of pursuit at high rates of speed, the stolen vehicle was stopped by spike strips that were deployed in the road by other law enforcement officers. Phyfiher, who surrendered and was arrested, told officers, “I should have stayed in the bushes.”

According to today’s plea agreement, investigators discovered several live stream video recordings taken by Phyfiher in the days before his arrest. The videos show Phyfiher on a road trip to Las Vegas and California. In one of the videos, Phyfiher and Mosley are holding large stacks of money. In another video, Phyfiher refers to getting some “Cali dope.”

Mosley was sentenced on Jan. 30, 2019, to five years and four months in federal prison without parole after pleading guilty to being a felon in possession of a firearm.

Under the terms of today’s plea agreement, Phyfiher is subject to a sentence of 15 years in federal prison without parole. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Trey Alford. It was investigated by the Drug Enforcement Administration and the Missouri State Highway Patrol.

department of justice news

Justice Department Settles with T-Mobile and Sprint in Their Proposed Merger by Requiring a Package of Divestitures to Dish

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Friday, July 26, 2019

Justice Department Settles with T-Mobile and Sprint in Their Proposed Merger by Requiring a Package of Divestitures to Dish

Divestiture Will Enable DISH’s Entry as a Fourth Nationwide Facilities-Based Wireless Competitor and Expedite Deployment of High-Quality 5G for American Consumers

The Department of Justice announced today that it and the Attorneys General for five states reached a settlement with T-Mobile and Sprint regarding their proposed merger.  The settlement requires a substantial divestiture package in order to enable a viable facilities-based competitor to enter the market.  Further, the settlement will facilitate the expeditious deployment of multiple high-quality 5G networks for the benefit of American consumers and entrepreneurs.

The Department’s Antitrust Division, along with the offices of five state Attorneys General (Plaintiff States), filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to block the proposed transaction.  At the same time, the Department and the Plaintiff States filed a proposed settlement that, if approved by the court, would resolve the Department’s and the Plaintiff States’ competitive concerns. The participating state Attorneys General offices represent Nebraska, Kansas, Ohio, Oklahoma, and South Dakota.

Under the terms of the proposed settlement, T-Mobile and Sprint must divest Sprint’s prepaid business, including Boost Mobile, Virgin Mobile, and Sprint prepaid, to Dish Network Corp., a Colorado-based satellite television provider.  The proposed settlement also provides for the divestiture of certain spectrum assets to Dish.  Additionally, T-Mobile and Sprint must make available to Dish at least 20,000 cell sites and hundreds of retail locations.  T-Mobile must also provide Dish with robust access to the T-Mobile network for a period of seven years while Dish builds out its own 5G network.

“With this merger and accompanying divestiture, we are expanding output significantly by ensuring that large amounts of currently unused or underused spectrum are made available to American consumers in the form of high quality 5G networks,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division.  “Today’s settlement will provide Dish with the assets and transitional services required to become a facilities-based mobile network operator that can provide a full range of mobile wireless services nationwide.  I want to thank our state partners for joining us in this settlement.”  Delrahim added, “In crafting this remedy, we are also mindful of the significant commitments T-Mobile, Sprint, and Dish have made to the Federal Communications Commission.”

The Department and the Plaintiff States said that, without the divestiture, the proposed acquisition would eliminate competition between two of only four facilities-based suppliers of nationwide mobile wireless services.  According to the complaint, T-Mobile and Sprint both operate mobile networks and offer nationwide coverage to consumers, and they are particularly close competitors to each other for the roughly 30% of retail subscribers who purchase prepaid mobile wireless service.  The combination of T-Mobile and Sprint would eliminate head-to-head competition between the companies and threaten the benefits that customers have realized from that competition in the form of lower prices and better service.

T-Mobile US Inc. is a Delaware corporation headquartered in Bellevue, Washington.  In 2018, T-Mobile posted revenues of more than $43 billion.  Deutsche Telekom AG, a German corporation headquartered in Bonn, Germany, is the controlling shareholder of T-Mobile US Inc.

Sprint Corporation is a Delaware corporation headquartered in Overland Park, Kansas.  In 2018, its posted revenue was over $32 billion.  Sprint is controlled by SoftBank Group Corp., a Japanese Corporation headquartered in Tokyo, Japan.

As required by the Tunney Act, the proposed consent decree, along with the Department’s competitive impact statement, will be published in the Federal Register.  Any person may submit written comments concerning the proposed settlement within 60 days of its publication to Scott Scheele, Chief, Telecommunications and Broadband Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 7000, Washington, D.C. 20530.  At the conclusion of the 60-day comment period, the court may enter the final judgment upon a finding that it serves the public interest.

Updated July 26, 2019
department of justice news

Press Release: Detroit Man Sentenced To 20 Years In Prison For Selling Drugs In A Detroit Park

Department of Justice
U.S. Attorney’s Office
Eastern District of Michigan

FOR IMMEDIATE RELEASE
Monday, July 29, 2019

Detroit Man Sentenced To 20 Years In Prison For Selling Drugs In A Detroit Park

Danny Lee Woods, 46, of Detroit, Michigan, was sentenced on July 23, 2019, to a total of 20 years in federal prison by U.S. District Judge George Caram Steeh, III, for possession with intent to distribute controlled substances and possessing a firearm in furtherance of a drug trafficking crime, announced United States Attorney Matthew Schneider. Woods pleaded guilty on February 27, 2019.

Schneider was joined in the announcement by James M. Deir, Special Agent in Charge of the Detroit Field Office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Detroit Police Department Chief James Craig.

According to court records, Woods, who was on parole at the time, was selling crack cocaine and heroin that was mixed with fentanyl at Sasser Playground, a neighborhood park located in Detroit. While making the sales, Woods had a loaded pistol in his waistband, which Woods later hid behind a tree inside the park. Woods was being surveilled by officers of the Detroit Police Department and was subsequently arrested. The case was adopted for federal prosecution.

As part of his plea, Woods agreed that he qualified as a Career Offender under the Sentencing Guidelines.

“Parks should be a place where families feel safe to gather,” said United States Attorney Matthew Schneider. “We will continue to work closely with our local police

partners to prosecute violent offenders who threaten us, so we can protect innocent children and families who just want to enjoy a nice day at the park.”

“Danny Lee Woods put innocent lives in danger when he chose to sell drugs and toss a handgun in a public park,” said Special Agent in Charge James Deir. “Instead of improving his life following previous felony convictions, Woods continued to break the law. ATF stands with our law enforcement partners to rid our community of dangerous individuals.”

“We certainly appreciate the partnership of our federal partners and commend the great work by the men and women of this department,” said Detroit Police Chief James Craig. “Our families deserve to have safe and drug free parks and we will not tolerate behavior that will compromise the well-being of our residents. We will continue our efforts in working with our federal agencies in attacking the drug epidemic that plagues our society and dampens the quality of life within our communities.”

This case was investigated by special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and officers of the Detroit Police Department. It was prosecuted by Assistant United States Attorneys J. Michael Buckley and Trevor Broad of the United States Attorney’s Office for the Eastern District of Michigan.

Updated July 29, 2019
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Michigan Defendant Pleads Guilty to Conspiracy to Defraud the IRS and Steal From an Organization Receiving Federal Funds

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Monday, July 15, 2019

Michigan Defendant Pleads Guilty to Conspiracy to Defraud the IRS and Steal From an Organization Receiving Federal Funds

A Boca Raton, Florida, resident pleaded guilty today in Flint, Michigan, to conspiring to impede the lawful functions of the Internal Revenue Service (IRS) and conspiring to steal from an organization receiving federal funds, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.

According to court documents, from January 2013 through December 2017, Scott Jawetz and his co-defendants executed a scheme, using the company Blue Horseshoe Consulting Inc. (Blue Horseshoe), to obtain police reports, stolen from the Detroit Police Department, which contained automobile crash victim information. Jawetz and his co-conspirators used the stolen information to solicit automobile accident victims for medical and chiropractic services. Jawetz and his co-conspirators also underreported to the IRS gross receipts they received from Blue Horseshoe business operations and the total wages Blue Horseshoe paid to its employees.

United States District Court Judge Matthew F. Leitman scheduled sentencing for Jawetz for Jan. 15, 2020. Jawetz faces a maximum sentence of five years in prison and a $250,000 fine on each of the two conspiracy counts. Jawetz also faces a period of supervised release, restitution, and monetary penalties.

Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS-Criminal Investigation and the Federal Bureau of Investigation, who conducted the investigation, and Tax Division Trial Attorneys Mark McDonald and William Guappone, who are prosecuting the case.

Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.

South Carolina Man Sentenced for Attempting to Provide Material Support to ISIS

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Tuesday, June 11, 2019

South Carolina Man Sentenced for Attempting to Provide Material Support to ISIS

Zakaryia Abdin, 20, of Ladson, South Carolina, was sentenced yesterday to 20 years to be followed by a lifetime of supervised release for attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.  Abdin previously entered a guilty plea in August of 2018 and has remained in federal custody since his arrest by the FBI in March of 2017.

Assistant Attorney General for National Security John C. Demers, U.S. Attorney Sherri A. Lydon for the District of South Carolina and Special Agent in Charge Jody Norris of the FBI’s Columbia Division made the announcement.  Abdin appeared before U.S. District Court Judge Richard M. Gergel.

“The Department of Justice is committed to holding accountable U.S. citizens, like Abdin, and others who would leave here to provide material support to ISIS overseas,” said Assistant Attorney General Demers.  “Thanks to the great work of the agents and prosecutors on this case, his plans were thwarted and with this sentence he is now being held accountable for his crime.  The National Security Division is committed to identifying and bringing to justice those who would provide material support to foreign terrorist organizations.”

“The most important job of government is protecting the people of the United States from harm, whether it comes from criminals or terrorists,” said U.S. Attorney Lydon.  “This case is an example of law enforcement doing exactly that, and preventing what could have been a much greater tragedy.  I am proud of the great work JTTF did in preventing this defendant from joining ISIS and fighting on their behalf, whether that would have been domestically or internationally.  His goal was to kill on behalf of ISIS, whether that was in the United States or abroad.  His goal was to be an ISIS soldier, and to kill Americans wherever ISIS directed him.”  U.S. Attorney Lydon commended the intense work of Charleston’s Joint Terrorism Task Force and noted that this is the first conviction for a person attempting to provide material support to a terrorist organization in the District of South Carolina.

“Once again, the Joint Terrorism Task Force has uncovered, investigated and prevented terrorist activity with roots in South Carolina” said Special Agent in Charge Norris.  “These results are made possible by the coordinated efforts of our federal, state and local partners, who are committed to sharing information and resources to protect our communities.”

The FBI arrested the defendant at the Charleston International Airport on March 30, 2017, when he attempted to board an airplane in order to travel overseas to join ISIS.

According to court documents, Abdin, a U.S. citizen, began his efforts on Jan. 3, 2017, when he created a social media account to be used to join ISIS.   On Jan. 20, 2017, Abdin visited the FBI in Mount Pleasant, South Carolina, to meet with an FBI Special Agent from the Joint Terrorism Task Force.  During this visit, the agent advised Abdin about the FBI’s role in conducting counterterrorism investigations, discussed various statutory definitions (including terrorism), and told Abdin that ISIS was a designated foreign terrorist organization and that it was illegal to give any foreign terrorist organization any form of material support, including personnel.

After that date, Abdin began to seek a handler to get him overseas to Syria or Egypt to make contact with ISIS.  Unbeknownst to him, he ended up making contact with an undercover FBI employee.  Abdin believed this person was affiliated with ISIS.  These communications continued up until he was arrested.

Abdin had extensive communications with the undercover FBI employee.  During the course of these on line conversations, Abdin expressed continued loyalty to ISIS.  He said he had given a pledge of loyalty to ISIS in 2014 and provided a video of a new pledge to Abu Baker al Baghdadi, the self-proclaimed leader of ISIS, in which Abdin pledged to “wage jihad against the enemy of Allah.”

Abdin also indicated that he wished to join ISIS and its so-called caliphate and requested to serve in combat.  He stated that he was proficient with various weapons, including pistols and AK and SKS rifles.  He also asserted that he was well prepared, knew how to shoot, and had experience with and was reliable in close combat.  He also purchased weapons, including an SKS assault rifle, modifying it to expand its capacity from a 10 round magazine to a 30 round magazine.  Abdin practiced with an AK assault rifle at a local gun store, and with an SKS assault rifle and a 9mm handgun at a local outdoor shooting range outside of Charleston.

Abdin took a picture of himself carrying the 9mm in his waistband and took a picture of himself practicing shooting at night at the local outdoor range, and sent these to the undercover FBI employee.

Abdin undertook concrete steps to join ISIS and travel overseas to fight jihad.  He applied for a passport.  On March 22, 2017, the FBI was notified Abdin’s passport was delivered to his residence in Ladson.  Later on the same date, Abdin sent a message to the undercover FBI employee to tell him to “let the brothers know I am coming very soon.”

On March 23, 2017, Abdin made flight reservations aboard a commercial airline departing Charleston with a final destination of Amman, Jordan.  The date for travel was set for March 30, 2017.  After making the reservations, Abdin told to undercover FBI employee that he was scheduled to arrive in Amman, Jordan on April 1, 2017.

On March 30, 2017, Abdin arrived at the Charleston International Airport, checked in for his departing flight, and was subsequently arrested.

Abdin faces a statutory maximum sentence of 20 years in prison.  The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes.  Any sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

This case was prosecuted by Assistant U.S. Attorneys Nathan Williams and Sean Kittrell of the District of South Carolina and Trial Attorney Jennifer Burke of the National Security Division’s Counterterrorism Section.

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Former Owners of T-Mobile Retail Store Arrested on Federal Charges Alleging $25 Million Scheme to Illicitly Unlock Cell Phones

Department of Justice
U.S. Attorney’s Office
Central District of California

FOR IMMEDIATE RELEASE
Monday, June 10, 2019

Former Owners of T-Mobile Retail Store Arrested on Federal Charges Alleging $25 Million Scheme to Illicitly Unlock Cell Phones

          LOS ANGELES – Two men who formerly owned a T-Mobile retail store in Eagle Rock were arrested this morning on federal charges that allege a scheme to use stolen T-Mobile employee credentials to illegally infiltrate the mobile phone company’s internal computer systems to “unlock” cell phones so they could be used on any carrier’s network. The defendants were arrested pursuant to a 21-count grand jury indictment outlining the scheme that investigators believe earned the two men more than $25 million.

Argishti Khudaverdyan, 41, of Burbank, and Alen Gharehbagloo, 40, of La Cañada Flintridge, are charged with multiple felonies, including conspiracy to commit wire fraud, wire fraud, bank fraud, computer fraud and money laundering. The indictment also seeks the forfeiture of more than $2.25 million seized from several bank accounts and residential properties allegedly purchased with ill-gotten gains.

Khudaverdyan and Gharehbagloo are expected to be arraigned on the indictment this afternoon in United States District Court in downtown Los Angeles.

According to the indictment, for the first six months of 2017, Khudaverdyan and Gharehbagloo were co-owners of Top Tier Solutions, Inc., a T-Mobile premium retail store in the Eagle Rock Plaza in Northeastern Los Angeles. During this time, most cellular phone companies – including T-Mobile – “locked” their customers’ phones so they could be used only on the company’s network until the customers’ phone-purchase and service contracts had been fulfilled. If customers wanted to switch to a different carrier, their phones had to be “unlocked.”

Khudaverdyan and Gharehbagloo allegedly conspired to fraudulently unlock T-Mobile phones, which would allow T-Mobile customers to stop using T-Mobile’s services and thereby deprive T-Mobile of revenue generated from customers’ service contracts and equipment installment plans. The defendants also allegedly conspired to “whitelist” or “clean” phones that had been reported lost or stolen so they could be activated again.

Between August 2014 and January 2019, Khudaverdyan and Gharehbagloo allegedly advertised their unlocking services through brokers, email solicitations and websites such as unlocks247.com. The defendants falsely claimed they provided “official” T-Mobile unlocks.

In order to gain unauthorized access to T-Mobile’s protected internal computers, Khudaverdyan obtained T-Mobile employees’ credentials through various means, including phishing emails that appeared to be legitimate T-Mobile correspondence. The fraudulent emails were used by Khudaverdyan to deceive T-Mobile employees to log in with their employee credentials so that Khudaverdyan could harvest the employees’ information and fraudulently unlock the phones, according to the indictment. Khudaverdyan and Gharehbagloo, assisted by a co-conspirator, allegedly used the Wi-Fi access points inside T-Mobile Stores to log onto the company’s internal network using compromised employee credentials.

Investigators have determined that Khudaverdyan and Gharehbagloo obtained more than $25 million for these illicit activities. They allegedly used these illegal proceeds to pay for, among other things, real properties in Burbank, Northridge and La Cañada Flintridge.

The indictment in this case was returned by a federal grand jury on June 6 and unsealed today.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

If Khudaverdyan is convicted of all 17 counts in which he is charged, he would face a statutory maximum of 237 years in federal prison. If convicted of all 15 counts with which he is charged, Gharehbagloo would face a statutory maximum of 235 years in federal prison.

This matter is being investigated by the United States Secret Service Electronic Crimes Task Force (ECTF) in Los Angeles and IRS Criminal Investigation’s Western Area Cyber Crime Unit. The ECTF includes representatives of the Secret Service, the Federal Bureau of Investigation, the Los Angeles Police Department, the Los Angeles District Attorney’s Office, and the California Highway Patrol.

This case is being prosecuted by Assistant United States Attorney Jennie L. Wang of the Cyber and Intellectual Property Crimes Section and Special Assistant United States Attorney Ryan Waters of the Asset Forfeiture Section.

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Former Colorado Springs Sheriff’s Deputy Sentenced to Nine Years in Prison for Receiving and Possessing Child Pornography

Department of Justice
U.S. Attorney’s Office
Southern District of Florida

FOR IMMEDIATE RELEASE
Monday, June 10, 2019

Former Colorado Springs Sheriff’s Deputy Sentenced to Nine Years in Prison for Receiving and Possessing Child Pornography

Donald Glenn Beasley (“Beasley”), 56, of Key Largo, was sentenced today by U.S. District Court Judge K. Michael Moore to 108 months in prison and 20 years of supervised release for receiving and possessing child pornography in connection with internet downloads Beasley made of child pornography.

Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida and George Piro, Special Agent in Charge, Federal Bureau of Investigations (FBI), Miami Field Office, made the announcement.

Beasley, a former sheriff’s deputy in Colorado Springs, Colorado, had been downloading child pornography on a peer-to-peer network and utilizing a state of the art encryption when he became known to FBI special agents. According to the stipulated facts filed in court, on September 20, 2018, a search warrant was executed at Beasley’s residence located at 95500 Overseas Highway in Key Largo, Florida. Pursuant to the search warrant, law enforcement searched a Starcraft trailer, which records checks revealed was registered to Beasley.

After a search of the Starcraft trailer, law enforcement seized various electronic items, including Beasley’s laptop and 3 external hard drives. The forensic examination of the items revealed multiple videos and numerous images of child pornography, many involving minor children under the age of 12. On February 11, 2019, Beasley pled guilty to the receipt and possession of child pornography.

U.S. Attorney Fajardo Orshan commended the investigatory efforts of the FBI in this matter.  She thanked the National Center for Missing and Exploited Children for their assistance.  This case was prosecuted by Assistant U.S. Attorney Alejandra L. López. 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on https://pacer.flsd.uscourts.gov.

department of justice news

Former pro baseball player sentenced to federal prison in Operation Vanilla Gorilla

Department of Justice
U.S. Attorney’s Office
Southern District of Georgia

FOR IMMEDIATE RELEASE
Monday, June 10, 2019

Former pro baseball player sentenced to federal prison in Operation Vanilla Gorilla

DJ Driggers admitted meth trafficking, firearms possession

SAVANNAH, GA: A former professional baseball player has been sentenced to nearly five years in federal prison for his role in a drug trafficking network dismantled in Operation Vanilla Gorilla.

Darren J. Driggers, also known as “DJ” and “eBay,” 26, of Bloomingdale, Ga., was sentenced to 57 months in prison by U.S. District Judge R. Stan Baker for Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances and for possession of a firearm by a convicted felon, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.

At the completion of his incarceration, Driggers will be on supervised release for three years. There is no parole in the federal system. Because he was on probation when he committed his offense, his federal sentence will be served consecutively to his sentence for violating probation.

In November 2018, a federal grand jury indicted Driggers and 42 other defendants as part of Operation Vanilla Gorilla, an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation into a drug trafficking organization associated with the Ghost Face Gangsters, a violent criminal street gang. Of the 43 defendants, 41 have been convicted of federal charges in this multi-district case.

According to information presented in court filings and testimony, Driggers and other conspirators, including associates of the Ghost Face Gangsters, distributed crystal methamphetamine throughout southern Georgia. Driggers, a convicted felon, also possessed and sold stolen firearms to conspirators to assist the drug trafficking organization by promoting a climate of fear. During the investigation, Driggers bragged to federal agents that he was nicknamed “eBay” because he sold stolen goods via social media platforms.

Prior to his criminal activity, Driggers was selected in June 2012 in the 22nd round of the Major League Baseball draft by the Detroit Tigers. The following year he received a 50-game suspension after failing a drug test, and in January 2014 he was released from the MLB after positive drug screens. Driggers explained to the United States Probation Office that “I decided I liked meth better than baseball.”

“DJ Driggers was a gifted athlete who did what thousands of hard-working athletes can only dream about: He was chosen to play professional sports,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “Instead, he fouled out of his once-promising career by abusing illegal drugs, squandering a truly major-league opportunity and will now spend half a decade in prison for gun and drug charges.”

“This is yet another example of the law enforcement community working together to make our streets and communities a safer place to live, said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “Dismantling these violent drug trafficking networks continues to be a priority for ATF and our law enforcement partners.”

“Methamphetamine continues to dominate the country as the most abused illicit drug,” said Jamie Jones, Special Agent in Charge of the Savannah Office of the Georgia Bureau of Investigation (GBI). “Driggers is just one of many victims whose lives have been destroyed because of meth. However, Driggers made the decision to become a distributor of this poison, which in turn affected countless others. This was his downfall, as distributors become targets of law enforcement and go to prison or in some cases end up dead in the street. Fortunately for Driggers, he goes to prison and not the graveyard.”

Operation Vanilla Gorilla was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF), the premier U.S. Department of Justice program to dismantle multi-jurisdictional drug trafficking organizations. The case was investigated by the ATF, the Drug Enforcement Administration (DEA), the GBI, the Chatham County Narcotics Team (CNT), the Georgia Department of Corrections Intelligence Division, the Savannah Police Department, the Chatham County Sheriff’s Office, the Bryan County Sheriff’s Office, the Richmond Hill Police Department, the Pooler Police Department, the Effingham County Sheriff’s Office and the Bloomingdale Police Department, with assistance from the U.S. Marshals Service.

This case was prosecuted by Assistant United States Attorneys E. Greg Gilluly Jr. and Frank Pennington.

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Owners of Los Angeles Home Health Agency Sentenced to Prison for Role in Health Care Fraud that Defrauded Medicare

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Tuesday, June 11, 2019

Owners of Los Angeles Home Health Agency Sentenced to Prison for Role in Health Care Fraud that Defrauded Medicare

Two owners and operators of a Los Angeles, California, home health agency were sentenced to 120 and 78 months in prison yesterday for their roles in a scheme to bill Medicare for various items and services, including home health services, diagnostic testing, medical procedures and durable medical equipment that were not medically necessary and/or were not provided.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Nicola T. Hanna of the Central District of California, Special Agent in Charge Christian J. Schrank of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Los Angeles Regional Office, Assistant Director in Charge Paul D. Delacourt of the FBI’s Los Angeles Division and Special Agent in Charge Ryan Korner of the IRS Criminal Investigations’ (IRS-CI) Los Angeles Field Office made the announcement.

Angela Avetisyan, 43, of Glendale, California, was sentenced to 120 months in prison by U.S. District Judge Otis D. Wright II of the Central District of California, who also ordered Avetisyan to pay $4,283,674 in restitution and to forfeit all right, title, and interest in $172,000 seized by the government in May 2014, as well as six real properties purchased with fraud proceeds.  The Court ordered Avetisyan to make an immediate partial restitution payment of $10,000.

Ashot Minasyan, 61, of North Hollywood, California, was sentenced to 78 months in prison by Judge Wright, who also ordered Minasyan to pay $4,283,674 in restitution and to forfeit all right, title, and interest in the same $172,000 and six real properties.  The Court ordered Minasyan to make an immediate partial restitution payment of $100,000.

Avetisyan and Minasyan were charged along with Robert Glazer, 73, and Marina Merino, 62, both of Los Angeles, in a second superseding indictment returned in June 2015.  On June 7, 2019, co-defendants Glazer and Merino were found guilty after a seven day trial of conspiracy to commit health care fraud and health care fraud.

Avetisyan and Minasyan each pleaded guilty on Oct. 9, 2018, to one count of conspiracy to commit health care fraud.  As part of their guilty pleas, Avetisyan and Minasyan admitted that as co-owners and operators of Fifth Avenue Home Health (Fifth Avenue), a home health agency located in Los Angeles, they engaged in a conspiracy with Glazer, Merino and others to recruit Medicare patients to Glazer’s clinic so that Glazer could use those patients’ information to bill for medically unnecessary outpatient clinic services and refer those patients for medically unnecessary home health services from Fifth Avenue and other home health agencies.  Avetisyan and Minasyan further admitted that they paid Merino and other patient recruiters illegal kickbacks to bring Medicare patients to the Glazer clinic.

As found at sentencing by the Court, Avetisyan and Minasyan, along with their co-conspirators, submitted and caused to be submitted false and fraudulent claims for home health services that were medically unnecessary, for services that were not provided and for claims obtained by the payment of illegal kickbacks.

This case was investigated by the HHS-OIG, the FBI and IRS-CI.  Trial Attorneys Claire Yan, Robyn N. Pullio and Emily Z. Culbertson of the Criminal Division’s Fraud Section are prosecuting the case.  The Asset Forfeiture Section of the U.S. Attorney’s Office for the Central District of California is handling the asset forfeiture aspects of the case.

The Fraud Section leads the Medicare Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.

department of justice news

Nearly 1,700 Suspected Child Sex Predators Arrested During Operation “Broken Heart”

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Tuesday, June 11, 2019

Nearly 1,700 Suspected Child Sex Predators Arrested During Operation “Broken Heart”

The Department of Justice today announced the arrest of almost 1,700 suspected online child sex offenders during a two-month, nationwide operation conducted by Internet Crimes Against Children task forces. The task forces identified 308 offenders who either produced child pornography or committed child sexual abuse, and 357 children who suffered recent, ongoing or historical sexual abuse or were exploited in the production of child pornography.

The 61 ICAC task forces, located in all 50 states and comprised of more than 4,500 federal, state, local and tribal law enforcement agencies, led the coordinated operation known as “Broken Heart” during the months of April and May 2019. During the course of the operation, the task forces investigated more than 18,500 complaints of technology-facilitated crimes targeting children and delivered more than 2,150 presentations on internet safety to over 201,000 youth and adults.

“The sexual abuse of children is repugnant, and it victimizes the most innocent and vulnerable of all,” Attorney General William P. Barr said. “We must bring the full force of the law against sexual predators, and with the help of our Internet Crimes Against Children program, we will. Over the span of just two months, our ICAC task forces investigated more than 18,000 complaints of internet-related abuse and helped arrest 1,700 alleged abusers. I would like to thank our Office of Justice Programs, all of the task force members, and especially the state and local partners who helped us achieve these important results. We are committed to bringing the defendants in these cases to justice and protecting every American child.”

The operation targeted suspects who: (1) produce, distribute, receive and possess child pornography; (2) engage in online enticement of children for sexual purposes; (3) engage in the sex trafficking of children; and (4) travel across state lines or to foreign countries and sexually abuse children.

The ICAC Program is funded through the Department’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) within the Office of Justice Programs (OJP). In 1998, OJJDP launched the ICAC Task Force Program to help federal, state and local law enforcement agencies enhance their investigative responses to offenders who use the internet, online communication systems or computer technology to exploit children. To date, ICAC task forces have reviewed more than 922,000 complaints of child exploitation, which have resulted in the arrest of more than 95,500 individuals. In addition, since the ICAC program’s inception, more than 708,500 law enforcement officers, prosecutors and other professionals have been trained on techniques to investigate and prosecute ICAC-related cases.

For more information, visit the ICAC Task Force webpage. For state-level Operation Broken Heart results, please contact the appropriate state ICAC task force commander. Contact information for task force commanders is available online.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Matt M. Dummermuth, provides federal leadership, grants, training, technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal justice system. More information about OJP and its components can be found at www.ojp.gov.

department of justice news

NEWS: INVESTIGATIVE SUMMARY: Findings of Misconduct by an Assistant U.S. Attorney for Possessing, Transporting, and Consuming Marijuana Edibles; Falsely Denying Controlled Substance Use on a Security Form; and Lack of Candor

INVESTIGATIVE SUMMARY: Findings of Misconduct by an Assistant U.S. Attorney for Possessing, Transporting, and Consuming Marijuana Edibles; Falsely Denying Controlled Substance Use on a Security Form; and Lack of Candor.
The Department of Justice (DOJ) Office of the Inspector General (OIG) initiated an investigation of an Assistant United States Attorney (AUSA) based on that attorney’s self-report to the OIG that the AUSA had possessed, transported, and consumed marijuana edibles in August or September 2016 in an attempt to alleviate back pain.
The AUSA further stated that during a marital dispute, the AUSA’s spouse had threatened to call DOJ to report the AUSA because the spouse assumed that the AUSA had not disclosed the AUSA’s medicinal marijuana use on the Standard Form (SF) 86 (Questionnaire for National Security Positions) form. The AUSA additionally stated that in the SF-86 form that the AUSA submitted in February 2017 the AUSA had incorrectly denied using a controlled substance in the past seven years.
The OIG substantiated and the AUSA admitted to the OIG possessing, transporting, and consuming marijuana edibles in violation of federal and state law. The AUSA further admitted to the OIG incorrectly denying having used a controlled substance in the past seven years on the SF-86 form that the AUSA submitted approximately six months after consuming the marijuana edibles.
The OIG concluded that the AUSA had violated federal and state criminal law in possessing, transporting, and consuming the marijuana edibles, and that the AUSA had violated 18 U.S.C. § 1001 when the AUSA falsely denied on an SF-86, submitted in February 2017, that the AUSA had not used controlled substances in the past seven years.
The OIG also concluded that the AUSA had lacked candor in an interview with the OIG when the AUSA claimed that the incorrect responses on the SF-86 were inadvertent. Criminal prosecution by federal and state authorities was declined.
The OIG has completed its investigation and has provided its report to EOUSA and the Department of Justice Office of Professional Responsibility for action they deem appropriate.
department of justice news

PRESS RELEASE: California Man Sentenced to 14 Years in Prison for Sexually Exploiting a Minor He Met While Playing “Clash Of Clans”

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Friday, May 31, 2019

California Man Sentenced to 14 Years in Prison for Sexually Exploiting a Minor He Met While Playing “Clash Of Clans”

A Fresno, California, man was sentenced today to 14 years in prison followed by seven years of supervised release for using the internet to coerce and entice a minor into producing child pornography.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia and Acting Assistant Director in Charge John P. Selleck of the FBI’s Washington Field Office made the announcement.

Emilio Morales, 29, was sentenced today before U.S. District Judge Liam O’Grady. According to admissions made in connection with his guilty plea, Morales met the 11-year-old victim while playing the online game “Clash of Clans.”  In 2017, Morales began grooming the victim over Clash of Clans before proposing that he and the victim communicate privately over the online chatting application Kik Messenger.  While communicating over Kik Messenger, Morales coerced and persuaded the victim to produce and send him sexually explicit images and videos.  The conduct ceased when, despite Morales’s attempts at manipulation, the minor victim refused to participate in any further sexual activity.

The case was investigated by the FBI Washington Field Office’s Child Exploitation and Human Trafficking Task Force and the Prince William County Police Department, with substantial assistance from the High Technology Investigative Unit of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  The case was prosecuted by CEOS Trial Attorney Kyle P. Reynolds and Assistant U.S. Attorney Whitney D. Russell of the Eastern District of Virginia.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Press Release: Department of Justice U.S. Attorney’s Office Western District of North Carolina

Department of Justice
U.S. Attorney’s Office
Western District of North Carolina

FOR IMMEDIATE RELEASE
Thursday, May 30, 2019

Phone Provider Found Guilty For Role In $11 Million International Telemarketing Scheme

Educational Seminar on How to Avoid Getting Scammed Is Scheduled for June 10, 2019, at 10:00 a.m. at the Tyvola Senior Center in Charlotte

CHARLOTTE, N.C. – An Ohio man was found guilty late yesterday for his role in a $7 million telemarketing scheme that defrauded primarily elderly victims in the United States from call centers in Costa Rica.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney R. Andrew Murray of the Western District of North Carolina, Inspector in Charge David M. McGinnis of the U.S. Postal Inspection Service’s Charlotte Divison, Acting Special Agent in Charge William Cheung of the IRS Criminal Investigation’s (CI) Cincinnati Field Office, Special Agent in Charge Matthew D. Line of the IRS CI Charlotte Field Office and Special Agent in Charge John Strong of the FBI’s Charlotte Field Office made the announcement.

Following a five-day jury trial, Donald Dodt, 76, originally of Cleveland, Ohio, was convicted of one count of conspiracy to commit wire fraud and mail fraud, two counts of mail fraud, eight counts of wire fraud, one count of conspiracy to commit international money laundering and 10 counts of international money laundering.

According to evidence presented at trial, Dodt worked in a call center in Costa Rica in which co-conspirators, who posed as representatives of the District of Columbia Department of Consumer and Regulatory Affairs and federal agencies, including the U.S. Federal Trade Commission, and who also posed as federal judges, contacted victims in the United States — primarily senior citizens – to tell them that that they had supposedly won a substantial “sweepstakes” prize. After convincing victims that they stood to receive a significant financial reward, the co-conspirators told victims that they needed to make a series of up-front cash payments before collecting, purportedly for items like insurance fees, taxes and import fees. Co-conspirators used a variety of means to conceal their true identity, such as Voice over Internet Protocol (VoIP) services provided by Dodt that made it appear that they were calling from Washington, D.C., and other places in the United States.

As the evidence presented at trial illustrated, Dodt was an integral part of this scheme in that he knowingly provided services that were necessary for the scheme to operate and that facilitated the concealment and, ultimately, success of the scheme for many years. Specifically, Dodt provided and maintained VoIP phone technology and assigned phone numbers associated with locations in the United States through which members of the conspiracy were able to make the fraudulent calls to victims in the United States and conceal their identities and location. Dodt specifically assigned virtual phone numbers with area codes associated with Washington, D.C., to make it appear that the calls originated from within the United States and that also bolstered conspirators’ misrepresentations that they were representatives of government agencies located in Washington. Dodt also warned the co-conspirators if certain numbers were “hot” – i.e., there were customer complaints or law enforcement inquiries – and replaced those phone numbers with new phone numbers that the co-conspirators then used in furtherance of the scheme, the evidence showed.

Dodt and his conspirators stole more than $7 million from victims, the evidence showed.

This case was investigated by the U.S. Postal Inspection Service, Internal Revenue Service Criminal Investigation and the FBI with assistance from the Federal Trade Commission and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The case is being prosecuted by Fraud Section Trial Attorneys William Bowne, Jennifer Farer and Philip Trout. The U.S. Attorney’s Office for the Western District of North Carolina provided substantial assistance with this matter.

The Western District’s Elder Justice Initiative

In March 2019, the U.S. Attorney’s Office and the FBI in North Carolina announced the Western District’s Elder Justice Initiative, which aims to combat elder financial exploitation 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.

In addition to the criminal prosecution of perpetrators, the Elder Justice Initiative aims to raise awareness through outreach, including a series of seminars to educate older adults and prevent victimization. Our next such seminar is scheduled for June 10, 2019, at 10:00 a.m. at the Tyvola Senior Center. This seminar is free of charge.

Among the topics covered will be financial fraud and scams targeting seniors, including:

  • Lottery phone scams – in which the callers convince seniors that a large fee or taxes must be paid before they can receive lottery winnings.
  • Grandparent scams – which convince seniors that their grandchildren are in trouble and need money to make rent, repair a car, or even money for bail.
  • Romance scams – which lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose.
  • IRS imposter scams – which defraud victims by posing as IRS agents and claiming that victims owe back taxes.
  • Sham business opportunities – which convince victims to invest in lucrative business opportunities or investments.

The seminar will also focus on prevention and how to avoid falling victim to a financial scam. Some of such tips on preventing becoming a victim of fraud are:

  • 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.

 

For more information about the Elder Justice Initiative, please visit: https://www.justice.gov/usao-wdnc/elder-justice-initiative. To view our Public Service Announcement, please visit: https://youtu.be/qBGGAA7Mxbo