PRESS RELEASES - OCTOBER 2008
October 02, 2008 |
COUCH, Larry Duane |
Sentencing |
October 02, 2008 |
GRIMMETT, Jeremy Dewayne |
Arraignment |
October 02, 2008 |
LITTLE, Linda M. |
Sentencing |
October 02, 2008 |
SPILLERS, Russell Eric |
Sentencing |
October 02, 2008 |
VASQUEZ, Alfonso Rascon |
Sentencing |
October 02, 2008 |
YATES, Jarrod Anthony |
Guilty Plea |
October 09, 2008 |
LITTLE, Benny J. |
Guilty Plea |
October 29, 2008 |
BROWN, Gannon |
Guilty Plea |
October 29, 2008 |
MINER, Valerie J. |
Guilty Plea |
October 29, 2008 |
RIGGLE, Steven B. |
Guilty Plea |
October 30, 2008 |
COCHRAN, Brain Wade |
Sentencing |
October 30, 2008 |
TONG, John Anthony |
Sentencing |
October 30, 2008 |
VICARS, Kent |
Guilty Plea |
October 31, 2008 |
Announcement |
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FOR RELEASE: October 02, 2008
SUBJECT: COUCH, Larry Duane
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced that LARRY DUANE COUCH, age 55, of Vian, Oklahoma, was sentenced to 24 months in federal prison without parole today. Couch previously convicted of Embezzlement of Government Funds and Making and Subscribing a False Tax Return. He forfeited $979,000.00.
“COUCH moved for a downward departure from the original sentencing guidelines which were estimated to be between 37-46 months imprisonment. The motion asserted 5 factors should for departure. The defendant claimed exceptional acceptance of responsibility, health issues, family ties and responsibilities, charitable service and a low probability of re-offending,” stated U.S. Attorney Sperling. “His motion was granted by the court and COUCH was sentenced to 24 months in prison, 24 months of supervised release, a $4000.00 fine and a $200.00 special assessment fee. COUCH was ordered to report to the Bureau of Prisons on November 3, 2008 by 12:00 noon.”
“The Honorable Ronald A. White, United States District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing,” reported U.S. Attorney Sperling.
“Count One of the Information charged that the defendant, while Superintendent of the Marble City School District, embezzled and converted to his own use, property over the value of $5,000.00. The embezzled money was under the care of the Marble City School District, which received more than $10,000.00 in federal funding.”
“Count Two stated that the defendant, a resident of the Eastern District of Oklahoma, subscribed a false 1040 United States Individual Income Tax Return, under penalties of perjury. Count Two covered the tax year of 2003. During that tax year, the defendant claimed an adjusted gross income of $24,062.00. His adjusted gross income was actually $142,312.00.”
“Count Three, a criminal forfeiture charge, was dismissed on July 22, 2008, after COUCH made full restitution in the amount of $1,088,948.41 on July 15, 2008.”
“The Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigation Division spearheaded the federal inquiry while working closely with local District Attorney Jerry Moore.” We are grateful that the embezzled money was returned to the school district,” U.S. Attorney Sperling noted. “Still, the defendant will serve a prison term without parole. Exceptional restitution is one thing. The consequence of significant federal theft is a prison cell.”
“First Assistant Doug Horn represented the United States.”
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FOR RELEASE: October 02, 2008
SUBJECT: GRIMMETT, Jeremy Dewayne
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JEREMY DEWAYNE GRIMMETT, age 29, of Stilwell, Oklahoma, was arraigned on charges of Assault With a Dangerous Weapon, a violation of Title 18, U.S.C. Section 113(a)(3).
“Charges arose from an investigation by the Federal Bureau of Investigation, Adair County Sheriff’s Office and the Cherokee Nation Marshal’s Service,” stated U.S. Attorney Sheldon J. Sperling.
“The criminal complaint that was filed on September 25, 2008, alleges that on July 12, 2008, during an altercation between two separate individuals, GRIMMETT retrieved a pistol, fired it into the air and then struck one of the individuals in the head with that pistol, knocking him to the ground. GRIMMETT continued to strike the victim with that weapon on the head,” U.S. Attorney Sperling noted.
“The charging document asserts that a bystander, who approached GRIMMETT during the assault, was threatened by GRIMMETT with that same pistol. Fearing for their safety, they got in their car and began to drive off when GRIMMETT fired at the vehicle striking it including a shot into the hood of their car which resulted in the car being disabled,” recalled U.S. Attorney Sperling.
“The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s not guilty plea and ordered GRIMMETT to remain in the custody of the U.S. Marshal’s Service pending a jury trial. A preliminary and detention hearing is scheduled for October 3, 2008 at 12:00 p.m.”
“The statutory range of punishment is not more than thirty (10) years imprisonment and/or up to $250,000.00 in fines and a special assessment of $100.00,” stated U.S. Attorney Sperling.”
“Assistant United States Attorney Dean Burris represented the United States.”
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FOR RELEASE: October 02, 2008
SUBJECT: LITTLE, Linda M.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that LINDA M. LITTLE, age 59, of Stuart, Oklahoma, was sentenced for Concealment of Bankruptcy Estate Property, in violation of Title 18, U.S.C. Section 152(1).
“Charges arose from an investigation by the U.S. Department of Labor, Office of Inspector General, and the Office of the U.S. Trustee,” stated U.S. Attorney Sheldon J. Sperling. “The investigation revealed that from March 5, 2003 to on or about June 25, 2003, LITTLE knowingly and fraudulently concealed property from the trustee in connection with a Chapter 7 Bankruptcy case. Specifically, the defendant did not disclose her ownership interest in land located in Hughes County and Pittsburg County.”
“LITTLE was sentenced to (3) years of probation, with 6 months of that served as home detention, ordered to pay restitution in the amount of $929.00 and a special assessment fee of $100.00.”
“The Honorable Ronald A. White, United States District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s sentencing,” U.S. Attorney Sperling explained.
“Assistant United States Attorney Chris Wilson represented the government.”
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FOR RELEASE: October 02, 2008
SUBJECT: SPILLERS, Russell Eric
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that RUSSELL ERIC SPILLERS, age 46, of Muskogee, Oklahoma, was sentenced for Felon in Possession of a Firearm, in violation of Title 18, U.S.C. Section 922(g)(1).
“SPILLERS was sentenced to 77 months in prison and 36 months of supervised release and ordered to pay a special assessment in the amount of $100,” U.S. Attorney Sperling noted. “SPILLERS was ordered to report to the United States Marshal’s Service by October 17, 2008 at 12:00 p.m. to begin serving his sentence.”
“The Honorable Ronald A. White, United States District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s sentencing.”
“Charges arose from an investigation by the Department of Alcohol, Tobacco, Firearms and Explosives,” reported U.S. Attorney Sperling. “On or about October 11, 2007, in Muskogee County, the defendant was found to be in possession of four firearms: a Remington model 1100, 12 gauge shotgun; a Remington model 740, .30-06 caliber rifle; a Savage Arms Springfield model 120A, .22LR caliber rifle; and a Savage Arms Stevens model 58B, .410 caliber shotgun. SPILLERS is a convicted felon.”
“This prosecution was maintained under our Project Safe Neighborhood (PSN) banner,” U.S. Attorney Sperling concluded. “Gun crime means hard federal time.”
“Assistant United States Attorney Shannon Henson represented the government.”
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FOR RELEASE: October 02, 2008
SUBJECT: VASQUEZ, Alfonso Rascon
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ALFONSO RASCON VASQUEZ, age 49, of St. Cloud, Minnesota, was sentenced for Possession with Intent to Distribute Marijuana, in violation of Title 21 U.S.C., Sections 841(a)(1) and 841(b)(1)(B) and Title 18 U.S.C., Section 2. VASQUEZ pled guilty to the charge on March 27, 2008.
“VASQUEZ was sentenced to 60 months in prison, 48 months of supervised release and ordered to pay a special assessment fee of $100.00,” stated U.S. Attorney Sheldon J. Sperling. “VASQUEZ was remanded to the custody of the United States Marshal’s Service to begin his sentence.”
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing.”
“Charges arose from an investigation by the Drug Enforcement Agency and the Oklahoma Highway Patrol,” reported U.S. Attorney Sheldon J. Sperling. “VASQUEZ was indicted on February 13, 2008, by a federal grand jury.”
“On February 5, 2008, Oklahoma Highway Patrol Troopers stopped VASQUEZ for driving erratically,” U.S. Attorney Sperling noted. “VASQUEZ was arrested in Love County, Oklahoma, following the seizure of approximately 327 pounds of marijuana from his vehicle. VASQUEZ is a citizen of the Republic of Mexico, and a hold was placed on him by Immigration and Customs Enforcement (ICE) agents.”
“First Assistant United States Attorney Doug Horn represented the United States.”
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FOR RELEASE: October 02, 2008
SUBJECT: YATES, Jarrod Anthony
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JARROD ANTHONY YATES, age 24, of Sequoyah County, Oklahoma, pled guilty to charges of Deprivation of Rights Under Color of Law, in violation of Title 18, United States Code, Section 242. At the time of the alleged crime, YATES was a jailer at the Sequoyah County Jail.
“Charges arose from an investigation by the Federal Bureau of Investigation. YATES was indicted by a Federal Grand Jury on April 17 2008,” stated U.S. Attorney Sperling.
“The indictment alleged that YATES assaulted an inmate, resulting in bodily injury, thereby willfully depriving him of rights secured and protected by the Constitution and laws of the United States of America.”
“Today, the defendant was found guilty of battering a jail inmate,” U.S. Attorney Sperling reported. “YATES was remanded to the custody of the United States Marshal’s Service, pending a presentence investigation report and sentencing date.”
“On June 25, 2006, at the Sequoyah County Jail in Sallisaw, Oklahoma, Yates punched, kneed and stomped an arrestee on his head and face, which caused serious injuries, including a fractured orbital socket and severe lacerations that required stitches,” added U.S. Attorney Sperling.
“County jailers are obligated to treat arrestees and inmates as our Constitution requires. Most do. This aberrant violence was properly brought to the attention of the FBI by Sequoyah County authorities. The case was investigated by the FBI. The matter was presented to the grand jury by attorneys from The Civil Rights Division and our office. The case was properly prosecuted in the district court for the Eastern District of Oklahoma.”
“The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea. The defendant was remanded to the custody of the United States Marshal Service pending sentencing.”
“The statutory range of punishment is up to ten years imprisonment and/or up to $250,000.00 in fines,” noted U.S. Attorney Sperling. “A preliminary guideline calculation projects a sentence of 18-24 months in prison.”
“Trial Attorney Roy Conn and Michael Khoury from the Justice Department’s Civil Rights Division and Doug Horn, First Assistant U.S. Attorney, represented the government.”
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FOR RELEASE: October 09, 2008
SUBJECT: LITTLE, Benny J.
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today BENNY J. LITTLE, age 59, of Stuart, Oklahoma, pled guilty to Federal Employees’ Compensation Fraud, a violation of Title 18, U.S.C. Section 1920.
“Charges arose from an investigation by the United States Department of Labor, Office of the Inspector General,” stated U.S. Attorney Sheldon J. Sperling. “LITTLE failed to report his employment and earnings, while on Federal Worker’s Compensation, from October 10, 2003 to August 8, 2008.”
"The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea. The Court ordered the completion of a presentence report. Sentencing will be scheduled upon its completion. LITTLE was released pending sentencing.”
“The statutory range of punishment is up to 5 years in prison, 3 years of supervised release, up to a $250,000.00 fine and a $100.00 special assessment fee. Preliminary sentencing guidelines project the defendant could be sentenced to 12-18 months in prison.”
“Assistant United States Attorney Christopher J. Wilson represented the United States.”
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FOR RELEASE: October 29, 2008
SUBJECT: BROWN, Gannon
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that GANNON BROWN, age 22 of Bowlegs, Oklahoma, pled guilty to Theft by Officers or Employees of an Indian Gaming Establishment, in violation of Title 18, United States Code, Section 1168(b).
“Charges arose from an investigation by the Bureau of Indian Affairs,” stated U.S. Attorney Sheldon J. Sperling. “BROWN was indicted in September, 2008.”
“On or about February 28, 2008, until on or about June 11, 2008, the defendant intentionally converted to his own use and the use of others, an excess of $1,000.00 of money, funds and credits belonging to the Seminole Nation River Mist Casino. During this time, BROWN was an employee of the casino,” continued U.S. Attorney Sperling.
“The Honorable Frank H. Seay, District Judge, in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. BROWN was released pending sentencing.”
“The statutory range of punishment is up to 20 years imprisonment and/or up to $1,000,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary calculation of the Sentencing Guidelines, projects an advisory sentencing range of 12-18 months imprisonment.”
“First Assistant United States Attorney Doug Horn represented the United States.”
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FOR RELEASE: October 29, 2008
SUBJECT: MINER, Valerie J.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that VALERIE J. MINER, age 46 of Checotah, Oklahoma, pled guilty to the misdemeanor charge of Misappropriation of Postal Funds, in violation of Title 18, United States Code, Section 1711.
“Charges arose from an investigation by the United States Postal Service, Office of Inspector General,” stated U.S. Attorney Sheldon J. Sperling. “MINER was indicted in September, 2008.”
“On or about August 2006, continuing through April, 2007, MINER converted approximately $7284.49 in U.S. Postal Service funds to her personal use. At the time, MINER was Postmaster of the Warner Post Office, in Warner, Oklahoma,” noted U.S. Attorney Sperling.
“The Honorable Kimberly E. West, Magistrate Judge, in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea to misdemeanor information, which was filed on October 8, 2008. Judge West ordered the completion of a presentence report. Sentencing will be scheduled following its completion. MINER was released pending sentencing.”
“The statutory range of punishment is up to 1 year imprisonment and/or up to $100,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary calculation of the Sentencing Guidelines, projects that the defendant will be eligible for probation.”
“First Assistant United States Attorney Doug Horn represented the United States.”
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FOR RELEASE: October 29, 2008
SUBJECT: RIGGLE, Steven B.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that STEVEN B. RIGGLE, age 43 of Ada, Oklahoma, pled guilty to a misdemeanor charge of Obstruction of Mail, in violation of Title 18, United States Code, Section 1703.
“Charges arose from an investigation by the United States Postal Service, Office of the Inspector General,” stated U.S. Attorney Sheldon J. Sperling. “RIGGLE was indicted in September, 2008.”
“The indictment alleged that RIGGLE, an employee of the United States Postal Service at the time, knowingly and willfully obstructed the passage of mail to be delivered from the United States Post Office in Stonewall, Oklahoma.” continued U.S. Attorney Sperling.
“The Honorable Kimberly E. West, Magistrate Judge, in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. RIGGLE was released pending sentencing.”
“The statutory range of punishment is up to 6 months imprisonment and/or up to $5,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary calculation of the Sentencing Guidelines projects the defendant will be eligible for probation.”
“Assistant United States Attorney Shannon Henson represented the United States.”
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FOR RELEASE: October 30, 2008
SUBJECT: COCHRAN, Brian Wade
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that BRIAN WADE COCHRAN, age 26, of Choctaw County, Oklahoma, was sentenced to 87 months imprisonment, 60 months of supervised released and a $100.00 Special Assessment Fee, for Failure to Register Pursuant to Sex Offender Registration and Notification Act, in violation of Title 18, U.S.C., Section 2250.
“COCHRAN was convicted of lewd molestation in December 2001,” reported U.S. Attorney Sheldon J. Sperling. “The Sex Offender Registration and Notification Act, requires convicted offenders to register as a sex offender, prior to moving to a new address within the State of Oklahoma or out of state.”
“COCHRAN last registered with the State of Oklahoma in December 2006. The defendant moved from his Sawyer, Oklahoma residence sometime during the period of April 27, 2007 and May 8, 2007. He traveled to the State of Washington and began residing there. COCHRAN did not notify the State of Oklahoma of his move to Washington and did not register in the State of Washington.”
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing.”
“Assistant United States Attorney Chris Wilson represented the government.”
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FOR RELEASE: October 30, 2008
SUBJECT: TONG, John Anthony
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JOHN ANTHONY TONG, age 31, of Soper, Oklahoma, was sentenced to 7 months in prison, 60 months of supervised release and a $100.00 Special Assessment Fee, for Failure to Register Pursuant to Sex Offender Registration and Notification Act, in violation of Title 18, U.S.C., Section 2250.
“TONG was required to register as a sex offender. He moved to Oklahoma in 2004, and registered with the Choctaw County Sheriff’s Department in Hugo. The investigation revealed that from March through May of 2007, the defendant traveled from Oklahoma to work in Texas without registering with the State of Texas. It was also revealed that TONG traveled to the State of Georgia to work in January of 2008, and did not register in that state. The defendant neglected to notify the State of Oklahoma that he was leaving the state during these periods of interstate travel.”
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. “
“Assistant United States Attorney Chris Wilson represented the government.”
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FOR RELEASE: October 30, 2008
SUBJECT: VICARS, Kent
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that KENT VICARS, age 58 of Krebs, Oklahoma, pled guilty to four (4) counts of making False Statements During the Purchase of a Firearm, in violation of Title 18, United States Code, Section 922(a)(6).
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Krebs Police Department,” stated U.S. Attorney Sheldon J. Sperling. “VICARS was indicted in September, 2008.”
“The indictment alleged that VICARS, a convicted felon and Mayor of Krebs, Oklahoma, stated “no”, on four (4) separate occasions, when asked by a licensed firearms dealer if he was a convicted felon,” continued U.S. Attorney Sperling. “The guns purchased include one (1) Franchi model 48, 20 gauge shotgun; one (1) Thompson/Center Arms, model 209x50 Magnum caliber rifle; one (1) Browning, model 2000, 12 gauge shotgun; and one (1) Remington, model 700, 7mm caliber rifle.”
“The Honorable Frank H. Seay, District Judge, in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. VICARS was released pending sentencing.”
“The statutory range of punishment is up to 10 years imprisonment and/or up to $250,000.00 in fines on each count,” noted U.S. Attorney Sperling. “A preliminary calculation of the Sentencing Guidelines, projects an advisory sentencing range of 12-18 months imprisonment.”
“Assistant United States Attorney Shannon Henson represented the United States.”
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FOR RELEASE: October 31, 2008
SUBJECT: U.S. ATTORNEY ANNOUNCES ELECTION INTEGRITY INITIATIVE
MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today the implementation of the district election fraud initiative.
“Election fraud and voting rights abuses dilute the worth of votes honestly cast,” U.S. Attorney Sperling noted. “Such abuses corrupt the essence of our representative form of government. Election crimes are an affront to both the liberty of individual voters and our governments.”
“I have appointed Assistant United States Attorney Dean Burris in the Eastern District of Oklahoma, to coordinate the efforts of this Office with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2008 general elections,” U.S. Attorney Sperling continued. “AUSA Burris has been assigned to serve as the District Election Officer for the Eastern District of Oklahoma. In that capacity, he is responsible to receive complaints of election fraud and voting rights abuses and to facilitate consultation with the Justice Department.”
“On October 8, 2002, Attorney General Ashcroft established a Department-wide Ballot Access and Voting Integrity Initiative, AUSA Burris reported.. “The goals of this Initiative are to increase the Department’s ability to deter voter intimidation, suppression, discrimination and election fraud and to prosecute these offenses whenever and wherever they occur - to make voting easier and cheating harder.”
“Both goals are equally important,” U.S. Attorney Sperling continued. “It is imperative that, as we pursue voter integrity, ballot access is neither diminished nor harmed. The Department’s long-standing Election Day Program furthers the goals of the Initiative. The Program also operates to ensure public confidence in the integrity of the election process by providing local points of contact within the Department where the public can report possible election fraud and voting rights violations while the polls are open on election day.”
“The voting franchise is the cornerstone of American democracy,” U.S. Attorney Sperling concluded. “We all must ensure that those who are entitled to the franchise exercise it, while those who seek to corrupt it are brought to justice.”
In order to respond to complaints of election fraud or voting rights abuses on November 4, 2008, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney, Sperling stated that Assistant United States Attorney/DEO Burris will be on duty in this District while the polls are open. AUSA Burris may be reached by the public at the following telephone number: 918-684-5100.
The FBI will also have Special Agents available in each field office and resident agency in this District to receive allegations of election fraud, intimidation, suppression and other election abuses. The FBI can be reached by the public at 918-687-7500.
Complaints about ballot access problems or discrimination can be made directly to the Civil Rights Division’s Voting Section in Washington at 1-800-253-3931 or 202-307-2767. Where voter intimidation or suppression tactics target voters on the basis of race, color, religion, or national origin, please contact the Civil Rights Division’s Criminal Section at 202-514-3204.
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