United States v. LEO HERNANDEZ, Southern District of New York (Jan. 22, 2024) — Press Release

Press Release Two Defendants Charged With Obstruction Of Justice In Connection With Sentencing Proceedings Monday, January 22, 2024 Share FacebookLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. XLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. LinkedInLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. Email For Immediate Release U.S. Attorney's Office, Southern District of New York Damian Williams, the United States Attorney for the Southern District of New York; Erin Keegan, the Acting Special Agent in Charge of the U.S. Department of Homeland Security, Homeland Security Investigations (“HSI”); and Edward A. Caban, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a Complaint charging LEO HERNANDEZ with obstruction of justice in connection with his October 2022 sentencing proceeding in a federal narcotics case. HERNANDEZ will be presented today before the Honorable Sarah Netburn. Mr. Williams and Christopher Hileman, the Special Agent in Charge of the U.S. Department of State, Office of Inspector General (“State-OIG”), also announced the unsealing of an indictment charging OBIOMA IWOBI with obstruction of justice in connection with his March 2023 sentencing proceeding in a federal fraud case. IWOBI’s case has been assigned to the Honorable Naomi Reice Buchwald. U.S. Attorney Damian Williams said: “Leo Hernandez and Obioma Iwobi allegedly provided false information to federal judges in improper attempts to obtain leniency at sentencing. The obstruction of justice charges announced today should send a clear message that this Office will not tolerate attempts by criminal defendants to manipulate the court system.” HSI Acting Special Agent in Charge Erin Keegan said: “As alleged, Leo Hernandez has shown once again he is neither reformed nor remorseful for the crimes of which he is accused. I commend HSI New York’s Border Enforcement Security Task Force and our law enforcement partners for their continued emphasis on securing justice.” State-OIG Special Agent in Charge Christopher Hileman said: “Our office commends and appreciates the vigilance and efforts of the United States Attorney’s Office for the Southern District of New York in addressing the alleged attempts by a subject to obtain leniency during his sentencing hearing through the submission of false attestations. This indictment shows that the U.S. criminal justice system will hold accountable those who seek to deceive and defraud it.” According to the allegations in the Complaint charging HERNANDEZ and the Indictment charging IWOBI:[1] HERNANDEZ was prosecuted for participating in a conspiracy to distribute narcotics in United States v. Leo Hernandez, No. 20 Cr. 79 (RMB). In advance of the sentencing proceeding in that case, HERNANDEZ obstructed the sentencing proceeding by, among other things, (i) falsely stating to the U.S. Probation Office for the Southern District of New York that he had an opioid addiction, which was then incorporated into HERNANDEZ’s presentence investigation report, and (ii) causing his attorney in that case to make false representations to the Court in connection with sentencing regarding HERNANDEZ’s purported addiction, including a claim that the addiction motivated the criminal conduct for which HERNANDEZ was prosecuted. However, in truth and in fact, HERNANDEZ had no such addiction and provided false information to the Court in an improper attempt to obtain leniency at sentencing. IWOBI was prosecuted for participating in a fraud and identity theft scheme in United States v. Obioma Iwobi, No. 22 Cr. 652 (ER). In advance of the sentencing proceeding in that case, IWOBI caused false and fraudulent letters to be submitted, and caused false and misleading statements to be made, to the Court in an improper attempt to obtain leniency at sentencing. * * * HERNANDEZ, 42, of Staten Island, New York, and IWOBI, 43, who is currently incarcerated in Seagoville, Texas, are each charged with one count of obstruction of justice, which carries a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge. Mr. Williams praised the outstanding investigative work of HSI, HSI New York’s Border Enforcement Security Task Force’s Trade Enforcement and Interdiction Group, the NYPD, and State-OIG. The cases are being handled by the Office’s General Crimes Unit. Assistant U.S. Attorneys Samuel P. Rothschild and Robert B. Sobelman are in charge of the HERNANDEZ prosecution. Assistant U.S. Attorney T. Josiah Pertz is in charge of the IWOBI prosecution. The charges contained in the Complaint and Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty. [1] As the introductory phrase signifies, the entirety of the text of the Complaint and the Indictment and the description of the Complaint and Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation. Contact Nicholas Biase, Lauren Scarff (212) 637-2600 Updated January 22, 2024 Attachments U.S. v. Iwobi Indictment.pdf [PDF, 219 KB] U.S. v. Hernandez Complaint.pdf [PDF, 446 KB] Component USAO - New York, Southern Press Release Number: 24-025

Press Release Two Defendants Charged With Obstruction Of Justice In Connection With Sentencing Proceedings Monday, January 22, 2024 Share FacebookLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. XLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. LinkedInLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. Email For Immediate Release U.S. Attorney's Office, Southern District of New York Damian Williams, the United States Attorney for the Southern District of New York; Erin Keegan, the Acting Special Agent in Charge of the U.S. Department of Homeland Security, Homeland Security Investigations (“HSI”); and Edward A. Caban, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a Complaint charging LEO HERNANDEZ with obstruction of justice in connection with his October 2022 sentencing proceeding in a federal narcotics case. HERNANDEZ will be presented today before the Honorable Sarah Netburn. Mr. Williams and Christopher Hileman, the Special Agent in Charge of the U.S. Department of State, Office of Inspector General (“State-OIG”), also announced the unsealing of an indictment charging OBIOMA IWOBI with obstruction of justice in connection with his March 2023 sentencing proceeding in a federal fraud case. IWOBI’s case has been assigned to the Honorable Naomi Reice Buchwald. U.S. Attorney Damian Williams said: “Leo Hernandez and Obioma Iwobi allegedly provided false information to federal judges in improper attempts to obtain leniency at sentencing. The obstruction of justice charges announced today should send a clear message that this Office will not tolerate attempts by criminal defendants to manipulate the court system.” HSI Acting Special Agent in Charge Erin Keegan said: “As alleged, Leo Hernandez has shown once again he is neither reformed nor remorseful for the crimes of which he is accused. I commend HSI New York’s Border Enforcement Security Task Force and our law enforcement partners for their continued emphasis on securing justice.” State-OIG Special Agent in Charge Christopher Hileman said: “Our office commends and appreciates the vigilance and efforts of the United States Attorney’s Office for the Southern District of New York in addressing the alleged attempts by a subject to obtain leniency during his sentencing hearing through the submission of false attestations. This indictment shows that the U.S. criminal justice system will hold accountable those who seek to deceive and defraud it.” According to the allegations in the Complaint charging HERNANDEZ and the Indictment charging IWOBI:[1] HERNANDEZ was prosecuted for participating in a conspiracy to distribute narcotics in United States v. Leo Hernandez, No. 20 Cr. 79 (RMB). In advance of the sentencing proceeding in that case, HERNANDEZ obstructed the sentencing proceeding by, among other things, (i) falsely stating to the U.S. Probation Office for the Southern District of New York that he had an opioid addiction, which was then incorporated into HERNANDEZ’s presentence investigation report, and (ii) causing his attorney in that case to make false representations to the Court in connection with sentencing regarding HERNANDEZ’s purported addiction, including a claim that the addiction motivated the criminal conduct for which HERNANDEZ was prosecuted. However, in truth and in fact, HERNANDEZ had no such addiction and provided false information to the Court in an improper attempt to obtain leniency at sentencing. IWOBI was prosecuted for participating in a fraud and identity theft scheme in United States v. Obioma Iwobi, No. 22 Cr. 652 (ER). In advance of the sentencing proceeding in that case, IWOBI caused false and fraudulent letters to be submitted, and caused false and misleading statements to be made, to the Court in an improper attempt to obtain leniency at sentencing. * * * HERNANDEZ, 42, of Staten Island, New York, and IWOBI, 43, who is currently incarcerated in Seagoville, Texas, are each charged with one count of obstruction of justice, which carries a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge. Mr. Williams praised the outstanding investigative work of HSI, HSI New York’s Border Enforcement Security Task Force’s Trade Enforcement and Interdiction Group, the NYPD, and State-OIG. The cases are being handled by the Office’s General Crimes Unit. Assistant U.S. Attorneys Samuel P. Rothschild and Robert B. Sobelman are in charge of the HERNANDEZ prosecution. Assistant U.S. Attorney T. Josiah Pertz is in charge of the IWOBI prosecution. The charges contained in the Complaint and Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty. [1] As the introductory phrase signifies, the entirety of the text of the Complaint and the Indictment and the description of the Complaint and Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation. Contact Nicholas Biase, Lauren Scarff (212) 637-2600 Updated January 22, 2024 Attachments U.S. v. Iwobi Indictment.pdf [PDF, 219 KB] U.S. v. Hernandez Complaint.pdf [PDF, 446 KB] Component USAO - New York, Southern Press Release Number: 24-025