Middle District of Alabama
Press releases recorded for this federal judicial district.
Montgomery Man Sentenced to 77 Months in Prison for Being a Felon in Possession of a FirearmRead the Press Release
MONTGOMERY, ALABAMA – On Friday, September 27, 2019, Darrell Gamble, 52, of Montgomery, Alabama, was sentenced to 77 months in prison for possession of a firearm by a convicted felon, announced United States Attorney Louis V. Franklin, Sr. There is no parole in the federal system. In addition to the nearly six and a half year sentence, he will be subject to five years of supervised release.
On February 10, 2018, the Montgomery Police Department received report of shots being fired near the Fairview Avenue and I-65 interchange. When officers arrived on the scene, they saw Gamble fleeing the area and noticed that he matched the description of one of those involved. After a brief foot chase, officers apprehended Gamble and found a handgun in his jacket pocket. Gamble has previous felony convictions and is prohibited from possessing a firearm. Court records indicate that Gamble was on supervised release from a previous federal drug conviction at the time of this incident.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and Montgomery Police Department investigated the case, with assistance from the Montgomery County Sheriff’s Office and the Alabama Department of Forensic Sciences. Assistant United States Attorneys Thomas Govan and Bradley Bodiford prosecuted the case.
Former Alabama Correctional Lieutenant Indicted for Allowing Inmate AbuseRead the Press Release
Montgomery, AL – The Justice Department today announced that a Federal Grand Jury sitting in Montgomery, Alabama, returned a two-count indictment charging former Alabama Department of Corrections (ADOC) Lieutenant Willie Burks, 39, with failing to stop a sergeant under his command from kicking and striking with a baton a handcuffed and compliant inmate at ADOC’s Elmore Correctional Facility. Burks was also charged with making false statements to the federal grand jury in connection with the investigation.
Three former and current corrections officers have previously pleaded guilty in connection with this incident. Former Alabama Department of Corrections Sergeant Ulysses Oliver pleaded guilty to unlawfully assaulting two handcuffed inmates. Corrections Officers Briana Mosley and Leon Williams pleaded guilty for failing to intervene to prevent the abuse by former-Sergeant Oliver.
According to the prior guilty pleas, Oliver went to an observation room holding the two inmate victims, who were both handcuffed and sitting quietly. Oliver pulled the first victim from the observation room into an adjacent hallway, where he struck the victim multiple times with his fists and feet, and then used his collapsible baton to strike the victim approximately 19 times. After assaulting the first victim, Oliver returned to the observation room and pulled the second victim into the hallway. Oliver kicked the second victim and used his baton to strike the victim approximately 10 times. During the assaults, the victims were handcuffed, and were not resisting or posing a threat. After, Oliver returned to the observation room where the victims were held and shoved the tip of his baton into the face of one of the victims, lacerating the victim’s face. Oliver assaulted the victims as punishment because he believed that the victims had brought contraband into the facility. Oliver assaulted the victims in the presence of other ALDOC correctional officers, who did not intervene to prevent the assaults.
Burks faces a statutory maximum sentence of 15 years in prison.
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty in court.
This case is being investigated by the FBI’s Mobile Division and ADOC’s Investigations and Intelligence Division. It is being prosecuted by Assistant U.S. Attorney Ben Baxley of the Middle District of Alabama, and Special Legal Counsel Mark Blumberg, Special Litigation Counsel Jared Fishman, and Trial Attorney David Reese of the Civil Rights Division.
Former Alabama Correctional Lieutenant Indicted for Allowing Inmate AbuseRead the Press Release
The Justice Department today announced that a Federal Grand Jury sitting in Montgomery, Alabama, returned a two-count indictment charging former Alabama Department of Corrections (ADOC) Lieutenant Willie Burks, 39, with failing to stop a sergeant under his command from kicking and striking with a baton a handcuffed and compliant inmate at ADOC’s Elmore Correctional Facility. Burks also was charged with making false statements to the federal grand jury in connection with the investigation.
Three former and current corrections officers have previously pleaded guilty in connection with this incident. Former Alabama Department of Corrections Sergeant Ulysses Oliver pleaded guilty to unlawfully assaulting two handcuffed inmates. Corrections Officers Briana Mosley and Leon Williams pleaded guilty for failing to intervene to prevent the abuse by former-Sergeant Oliver.
According to the prior guilty pleas, Oliver went to an observation room holding the two inmate victims, who were both handcuffed and sitting quietly. Oliver pulled the first victim from the observation room into an adjacent hallway, where he struck the victim multiple times with his fists and feet, and then used his collapsible baton to strike the victim approximately 19 times. After assaulting the first victim, Oliver returned to the observation room and pulled the second victim into the hallway. Oliver kicked the second victim and used his baton to strike the victim approximately 10 times. During the assaults, the victims were handcuffed, and were not resisting or posing a threat. After, Oliver returned to the observation room where the victims were held and shoved the tip of his baton into the face of one of the victims, lacerating the victim’s face. Oliver assaulted the victims as punishment because he believed that the victims had brought contraband into the facility. Oliver assaulted the victims in the presence of other ADOC correctional officers, who did not intervene to prevent the assaults.
Burks faces a statutory maximum sentence of 15 years in prison.
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty in court.
This case is being investigated by the FBI’s Mobile Division and ADOC’s Investigations and Intelligence Division. It is being prosecuted by Assistant U.S. Attorney Ben Baxley of the Middle District of Alabama, and Special Legal Counsel Mark Blumberg, Special Litigation Counsel Jared Fishman, and Trial Attorney David Reese of the Civil Rights Division.
Huntsville Man Convicted of Federal Gun and Drug ChargesRead the Press Release
Montgomery, Alabama – On Monday, September 16, 2019, Robert Williams, Jr., a 56-year-old resident of Huntsville, Alabama, was found guilty of being a felon in possession of a firearm, possession of cocaine, and illegal possession of oxycodone, announced United States Attorney Louis V. Franklin, Sr. A federal jury convicted Williams on all three counts in his indictment.
Evidence presented at trial showed that during the early morning hours of September 27, 2015, the Dothan Police Department observed Williams speeding on his motorcycle and performed a traffic stop. While approaching the vehicle, the officer saw Williams pass a pack of cigarettes to his female passenger, who was riding on the back seat. Upon inspection, the officer discovered that the pack contained a small amount of cocaine and two oxycodone pills. The officer also discovered that Williams had a handgun in his waistband. Williams has a previous felony conviction and is prohibited by federal law from possessing a firearm.
William’s sentencing hearing will take place in the next few months and he faces a maximum sentence of ten years in prison.
The Dothan Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case, with assistance from the Alabama Department of Forensic Sciences and the Montgomery County Sheriff’s Office.
Assistant United States Attorneys Kevin Davidson and Josh Wendell prosecuted this case.
Ramer Man Sentenced to 111 Months in Prison for Federal Firearms and Drug ChargesRead the Press Release
Montgomery, AL – Yesterday, Willis Lydell Cogburn, 31, of Ramer, Alabama, was sentenced to 111 months in prison for being a felon in possession of a firearm, possession of a controlled substance with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime, announced United States Attorney Louis V. Franklin, Sr., Troy Police Chief Randall Barr, and ATF Special Agent in Charge Marcus Watson. Following his prison sentence of just over nine years, he will be subject to five years of supervised release. There is no parole in the federal system.
The evidence presented at his June 2019 trial showed that in the early morning hours of Saturday, July 8, 2017, Troy Police officers were patrolling the downtown area after responding to a disturbance call. After the issues with the initial call were cleared, officers began to patrol the area near a bar on Love Street where a crowd had gathered. There they found Cogburn in a vehicle with his car stereo playing loudly. When officers approached the car to address the noise issue, they noticed an open container of alcohol in the vehicle and detected the smell of marijuana.
Upon questioning, Cogburn became uncooperative and confrontational. Officers asked Cogburn to get out of the vehicle and opened the driver’s door to remove him. Cogburn then placed the vehicle in reverse and drove backwards for approximately 50 feet before hitting another vehicle and coming to a stop. A Troy police officer was standing in the car’s doorway and had to cling to the vehicle to avoid being struck by the open door as the car moved backwards. Luckily, no one was injured.
Once Cogburn was removed from the vehicle, officers searched the car and found a significant amount of marijuana, digital scales, and a .38 caliber revolver. Small amounts of cocaine and methamphetamine were also discovered. Having previously been convicted of a felony, Cogburn was prohibited from possessing a firearm.
“Unfortunately, carrying guns and selling drugs are synonymous,” stated U.S. Attorney Franklin. “Firearms are used by dealers to protect their drugs and money, with no regard to the danger it presents to our communities or law enforcement. I am thankful for the work of the Troy Police Department and the ATF in this case, and I am grateful that no officers were injured despite the reckless behavior of the defendant.”
“This was a very dangerous situation that escalated quickly,” stated Troy Police Chief Randall Barr. “Our officers did a great job taking this individual into custody and showed great restraint in preventing the situation from escalating any further. We truly appreciate our partnership with the U.S. Attorney’s office and the great work that they do to help us bring these cases to a successful conclusion. Cogburn’s arrest, conviction and significant sentence should make a strong statement and go a long way in keeping dangerous criminals and drug dealers off of our streets and out of our community.”
ATF Special Agent in Charge, Marcus Watson remarked, “Protecting the public by the removal of the criminal element that commits acts of violence with a firearm was the result of the combined efforts by ATF, the Troy Police Department and the U.S. Attorney’s Office.”
The case was investigated by the Troy Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with assistance from the Montgomery County Sheriff’s Office and the Alabama Department of Forensic Sciences. Assistant United States Attorneys Joshua Wendell and Robert Nichols prosecuted the case.
Coosa County Escapee Sentenced to 15 Years in Prison after Pleading Guilty to Federal ChargesRead the Press Release
Montgomery, AL – Today, Shane Anthony Vernon, 29, from Kellyton, Alabama was sentenced to 15 years in prison after pleading guilty to federal charges following his escape from jail in 2017, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence, he will subject to five years of supervised release. There is no parole in the federal system.
The federal charges in this case stemmed from Vernon’s conduct in Elmore County on November 20, 2017. Court records indicate that following his escape from a Coosa County jail on November 19, 2017, Vernon eventually made his way to Elmore County where he stole two vehicles from the owners at gunpoint. When stealing the second vehicle, he forced the owner to ride with him. Ultimately, they traveled to Georgia, near Atlanta, and Vernon released the owner of the vehicle and fled. The following day, law enforcement in DeKalb County Georgia responded to a suspicious person call at an apartment complex where they found Vernon and he was apprehended.
The 15-year federal sentence will run consecutive, or back-to-back, to any prison time he will serve on related state charges.
U.S. Attorney Franklin would like to thank the following agencies for their assistance with this case: the Coosa County Sheriff’s Office, the Elmore County Sheriff’s Office, and the Federal Bureau of Investigation (FBI). Assistant United States Attorney Joshua J. Wendell prosecuted this case.
Montgomery Man Sentenced to 72 Months in Prison for Being a Felon in Possession of a FirearmRead the Press Release
Montgomery, AL. – On Wednesday, September 11, 2019, Cleddie Ferlisi Stone, 41, of Montgomery, Alabama, was sentenced to 72 months in prison for possession of a firearm by a convicted felon, announced United States Attorney Louis V. Franklin, Sr. There is no parole in the federal system.
On April 27, 2017, Stone had a violent encounter with an individual that was caught on surveillance cameras in a Montgomery neighborhood. The video showed that Stone confronted the victim while he was riding a bicycle on Greenville Street near Lee High School. During the confrontation, Stone punched, kicked and shot the victim with a handgun. The video also showed a homemade “zip gun” type device that was dropped by the victim early in the confrontation.
During the sentencing hearing, Stone stated that he and the victim had a disagreement the day before the attack and that the man had made threats against him and his family. However, the judge noted that the April 27th encounter could have been avoided all together and that during the attack Stone became what he claims he was fighting against, he became “violence out of control.” Stone has previous felony convictions and is prohibited from possessing a firearm.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and Montgomery Police Department investigated the case, with assistance from the Alabama Department of Forensic Sciences. Assistant United States Attorney Joshua J. Wendell prosecuted the case.
Chilton County Father and Son Sentenced to Prison on Unrelated Federal ChargesRead the Press Release
Montgomery, Alabama – Within the past two weeks, a Chilton County father and son were each sentenced to prison for committing federal crimes, announced United States Attorney Louis V. Franklin, Sr., Special Agent in Charge Marcus S. Watson with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chilton County Sheriff John Shearon.
On Wednesday September 4, 2019, Latrail Marcellus Jackson, Sr., 42, was sentenced to 210 months in prison after being found guilty by a federal jury for possession of cocaine and marijuana with intent to distribute. During his trial, the jury heard evidence that the Chilton County Sheriff’s Office suspected Jackson Sr. was selling drugs at a residence in south Chilton County near Marbury. In February of 2017, the investigation led them to obtain a search warrant for the house where they found large quantities of illegal drugs. Jackson Sr. received a substantial sentence in this case due to his criminal history. During sentencing, the judge determined that he qualified as a career offender under the federal guidelines and this significantly increased his punishment range.
On August 26, 2019, Latrail Marcellus Jackson, Jr., 25, was sentenced to 78 months in prison after pleading guilty to possession of methamphetamine with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime. Court records indicate that in March 2018, Clanton police officers encountered Jackson Jr. while responding to a disturbance call. While there, police discovered that he had an outstanding failure to appear warrant. The Chilton County Sheriff’s Office took him into custody and found him to be in possession of methamphetamine and a handgun. Possession of a firearm in connection with drug trafficking carries a minimum sentence of five years in prison and runs consecutive to any other sentence. Jackson Jr. received 18 months for the drug charge.
After serving his 17.5-year prison sentence, Jackson Sr. will be subject to five years of supervised release. Whereas, Jackson Jr. will be subject to a three-year period of supervised release following his 6.5-year sentence. There is no parole in the federal system.
“Unfortunately, violence and the illegal drug trade are often closely linked together,” stated U.S. Attorney Franklin. “My office will use all tools available to address the drug and violent crime problems in our communities. I applaud the work of all agencies involved in bringing this father and son to justice.”
ATF Special Agent in Charge, Marcus Watson, remarked, “Protecting the public by the removal of the criminal element that commits acts of violence with a firearm was the result of the combined efforts by ATF and our partners.”
“My office works hard to get drug dealers off the streets and out of our communities,” said Chilton County Sheriff John Shearon. “We appreciate the partnerships we have with federal law enforcement and the U.S. Attorney’s Office.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Chilton County Sheriff’s Office investigated these cases, with assistance from the Clanton Police Department and the Alabama Department of Forensic Sciences. Assistant United States Attorneys Brandon Bates and Thomas Govan prosecuted the cases.
Prattville Woman Receives 18-Month Sentence for Making False Claims on Tax RefundsRead the Press Release
Montgomery, Alabama – On Tuesday, September 3, 2019, a Prattville, Alabama resident, Candace Brie Betances, 43, received an 18-month sentence for submitting false tax returns to the Internal Revenue Service (IRS), announced United States Attorney Louis V. Franklin, Sr. The sentence follows Betances’s guilty plea to one count of submitting false claims to the government.
According to court documents, between July of 2015 and July of 2016, Betances submitted to the IRS four individual income tax returns. On each return, Betances claimed that she was entitled to receive a substantial tax refund. In total, Betances asked the IRS to pay her $357,183. She did so despite knowing that she was not entitled to receive the refunds. Fortunately, the IRS detected Betances’s false statements and did not pay her the requested refunds.
At sentencing, the judge described Betances’s offense as a “serious” one. He ordered that Betances spend nine months of her sentence in prison and nine months on home detention with electronic monitoring. In ordering Betances to custody, the judge stated that a custodial sentence was necessary to deter others from submitting false tax documents. She will also be subject to two years of supervised release after serving her sentence.
“Too many people in our community view the IRS as a piggybank,” commented United States Attorney Franklin. “I hope that this case serves as a reminder that we are all responsible for paying taxes and that those who try to line their pockets with the hard-earned tax dollars of others will be punished.”
The IRS’s Criminal Investigations Division (IRS-CI) investigated this case, with assistance from the Autauga County Sheriff’s Office. Assistant United States Attorney Jonathan S. Ross prosecuted the case.
Montgomery Man Sentenced to 81 Months in Prison for Federal Drug and Firearms ChargesRead the Press Release
Montgomery, Alabama – On Tuesday, September 3, 2019, Augustus Chico Lowe, 34, of Montgomery, Alabama, was sentenced to 81 months in prison for federal drug and firearms charges, announced United States Attorney Louis V. Franklin, Sr. There is no parole in the federal system.
In May of 2019, Lowe pleaded guilty to possession of cocaine with intent to distribute and possession of a firearm in connection with a drug distribution crime. After serving his nearly seven-year sentence, Lowe will be subject to three years of supervised release.
Court records show that in December of 2016 Lowe was found to be in possession of approximately 26 baggies of powder cocaine and a handgun during a traffic stop by the Montgomery Police Department. Possession of a firearm in connection with drug trafficking carries a minimum sentence of five years in prison and runs consecutive to any other sentence. Lowe received 21 months for the drug charge.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Montgomery Police Department investigated this case, with assistance from the Alabama Department of Forensic Sciences and Montgomery County Sheriff’s Office. Assistant United States Attorneys Bradley Bodiford and Robert Nichols prosecuted the case.
Lanett Woman Pleads Guilty to Charges of Assisting in the Filing of Fraudulent Federal Income Tax ReturnsRead the Press Release
Montgomery, Ala. – On Monday, August 26, 2019, Gladys Rosalynn McCauley, 42, of Lanett, Alabama, pleaded guilty to two counts of aiding and assisting in the filing of false federal income tax returns, announced United States Attorney Louis V. Franklin, Sr.
According to court documents, McCauley owned an income tax preparation business in Lanett called “Roz House of Tax.” McCauley’s business collected fees out of the tax refunds McCauley claimed for those customers. In order to inflate those refunds, McCauley knowingly placed false items in her customers’ income tax returns. Per the indictment, this type of fraudulent activity was documented as early as January 2015, and continued through May 2017. In one example from March 2016, McCauley falsely claimed that customers were entitled to education tax credits and child tax credits—even though she knew the customers were entitled to no such credits.
McCauley’s sentencing hearing is currently scheduled for November 26, 2019 and she is facing up to six years in prison, along with significant monetary fees. Additionally, she will be ordered to never again prepare income tax returns for others.
This case was investigated by the Internal Revenue Service’s Criminal Investigation Division. Assistant United States Attorney Jonathan S. Ross prosecuted the case.
Alabama Couple Sentenced in Child Exploitation CaseRead the Press Release
Montgomery, Alabama – On Tuesday, August 27, 2019, a federal judge sentenced a Prattville man and a Shelby County woman on child exploitation charges, announced Middle District of Alabama United States Attorney Louis V. Franklin, Sr., Northern District of Alabama United States Attorney Jay E. Town, and Homeland Security Investigations Special Agent in Charge for Alabama Nick S. Annan.
United States District Judge L. Scott Coogler sentenced Kenneth Earl Hooks, 36, of Prattville, to 120 years and two life sentences, and Sarah Pauline Morris, 28, of Shelby County, to 197 months for producing child pornography and enticing a young child to engage in sexual activity for the purpose of creating obscene images. Hooks pled guilty to these charges in February 2019, and also to the additional charge of transportation of a minor for sexual purposes. Morris pled guilty in March 2019. There is no parole in the federal system.
The charges originated from numerous criminal events that occurred in the Middle District of Alabama and in the Northern District of Alabama. Cases in both districts were consolidated for sentencing in the Northern District.
According to a May 4, 2018, federal criminal complaint and arrest affidavit issued for Hooks, police found Hooks and Morris living in a desert area in the southern tip California after locating a red Mitsubishi Montero with an Alabama license plate. The red Mitsubishi was registered to Morris and police were searching for it because security cameras at a Walmart in Brawley, California, showed her driving it on March 30, 2018, after security officers at the store reported Morris attempting to film two young girls in a bathroom stall.
As a result of further investigation, images of child pornography were discovered on a laptop that had been subjected to forensic examination by law enforcement officers in Imperial County, California. On or about April 27, 2018, agents from the Department of Homeland Security in Birmingham received these images which depicted the sexual exploitation of two prepubescent children and a teenage female under the age of 18 by Hooks in Alabama. During the investigation, agents learned that Hooks had transported the teenage female victim from Mississippi to Alabama with the intent of sexually assaulting her and recording it on video.
“Exploiting children is a despicable crime that is carried out by depraved individuals,” stated U.S. Attorney Franklin. “Protecting the young and innocent is a priority in my office. I am proud of the hard work and diligence of every agency involved in bringing these two to justice, and I hope that these significant sentences serve as a stark warning to anyone who preys on children.”
“The sentencing of Hooks and Morris brings justice to two serial offenders who preyed on societies most vulnerable,” said HSI Special Agent in Charge Nick S. Annan. “Their self-described ‘Bonnie and Clyde’ crime spree included depraved acts of abuse and violence and would have undoubtedly continued without fantastic case work of the agents involved in this investigation.”
Homeland Security Investigations (HSI) Birmingham investigated the case, with the assistance of HSI Calexico, CA; HSI Las Cruces, NM; HSI El Paso, TX; Brawley Police Department, CA; Imperial County California District Attorney’s Office; U.S. Marshals Service Pacific Southwest Regional Fugitive Task Force, El Centro Division, CA; Chilton County Alabama Sheriff’s Office, and the Alabaster Police Department, AL.
Assistant United States Attorneys Hollie Reed and Russell Duraski, of the Middle District of Alabama, and Assistant United States Attorney R. Leann White, of the Northern District of Alabama prosecuted the case.
Member of Montgomery Drug Trafficking Organization Convicted of Conspiracy, Drug, and Gun ChargesRead the Press Release
Montgomery, Alabama – On Friday, August 23, 2019, Cyrus Phyfier, a 51-year-old resident of Montgomery, was found guilty on multiple drug and firearm related charges, announced United States Attorney Louis V. Franklin, Sr. A federal jury convicted Phyfier of all ten counts in his indictment after a weeklong trial.
Evidence presented at trial showed that Phyfier was a member of a drug trafficking organization that distributed large amounts of illegal drugs in Montgomery starting sometime in 2013 and continuing through January 2016. Specifically, Phyfier was convicted of conspiracy to distribute and possession with intent to distribute powder cocaine, crack cocaine, and marijuana; possession of a controlled substance with intent to distribute; being a felon in possession of a firearm; and possession of a firearm in furtherance of a drug trafficking crime. The other charged members of the conspiracy previously pled guilty in federal court.
Phyfier’s sentencing hearing is scheduled for December 5, 2019 where he faces 25 years to life on the conspiracy count, up to five years to be served consecutively for being in possession of a firearm in furtherance of a drug trafficking crime, and he may be eligible for an additional 15 years under the Armed Career Criminal Act for having three or more convictions for serious drug offenses.
The Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Alabama Law Enforcement Agency (ALEA), and the Montgomery Police Department investigated this case, with assistance from the State of Alabama Attorney General’s Office, the Montgomery County Sheriff’s Office, and the United States Marshals Service (USMS). U.S. Attorney Franklin commended the investigative agencies for their collaborative effort in bringing the organization to justice.
This case was prosecuted by Assistant United States Attorneys Curtis Ivy, Jr., Stephanie Billingslea, Alice LaCour, and Brett Talley.
Phenix City Man Sentenced to 35 Years in Prison for Federal Drug and Firearms ChargesRead the Press Release
Montgomery, Alabama – On Thursday, August 15, 2019, Hector Manuel Bossio, 43, of Phenix City, Alabama, was sentenced to 35 years in prison for federal drug and firearms charges, announced United States Attorney Louis V. Franklin, Sr., and Special Agent in Charge Marcus S. Watson with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
In April of 2017, Bossio was indicted by a federal grand jury for possession of methamphetamine with intent to distribute, possession of a firearm in connection with a drug distribution crime, and being a felon in possession of a firearm. He was found guilty of all three charges after a trial that concluded on May 21, 2019.
At trial, evidence showed that in January 2016, Phenix City Police responded to a call about a suspicious vehicle at a residence. Upon arrival, officers found a car that had been reported stolen out of Columbus, Georgia. When they approached the vehicle, Bossio was in the driver’s seat and officers saw a bag of what was later confirmed to be methamphetamine in his lap. They also discovered a handgun that was under his leg on the driver’s seat when he exited the vehicle. After conducting a search of the car, more methamphetamine was found, along with digital scales and multiple cell phones.
Bossio received a significant sentence in this case because the judge determined that he qualified as a career offender under the federal guidelines due to his violent criminal history. There is no parole in the federal system.
“Far too many people are illegally carrying guns to support their drug trafficking trade,” said U.S. Attorney Franklin. “My office will continue to work with our federal, state and local partners to identify and prosecute the most dangerous offenders that threaten our communities.”
ATF Special Agent in Charge Marcus Watson stated, “Reducing the potential for violent crime in this case was critical due to ATF partnering with our local, state and federal partners.”
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Phenix City Police Department. Assistant United States Attorneys Brandon Bates and Josh Wendell prosecuted the case.
Montgomery Woman Sentenced to 72 Months for Filing False Tax ReturnsRead the Press Release
Montgomery, Alabama – On Thursday, August 8, 2019, a Montgomery woman, Laquanda Gilmore Garrott, 39, was sentenced to 72 months in prison for filing false federal tax returns, announced United States Attorney Louis V. Franklin, Sr., and Special Agent in Charge Thomas J. Holloman, III of the Internal Revenue Service’s Criminal Investigation Division, Atlanta Field Office. In addition to the six-year prison sentence, she was also ordered to pay $56,897.00 in restitution. There is no parole in the federal system.
The evidence presented at trial showed that, from 2011 through 2015, Garrott operated a tax preparation business called L&G Associates, LLC, in Montgomery. The government proved that Garrott knowingly put false information on multiple tax returns in order to increase refunds for clients, which also increased her own tax preparation fees. In one case, Garrott falsely claimed that a client lost more than $30,000 on a lawn care company even though she knew her client had no such business. By including the false business losses, Garrott was able to offset the client’s taxable income and make the client eligible for the Earned Income Tax Credit.
“Ms. Garrott stole money from the federal treasury when she filed false federal income tax returns, a crime that affects all of us,” noted United States Attorney Franklin. “Her significant sentence of imprisonment was appropriate and should act as a deterrent to any tax preparers who puts their own gain above their legal obligations.”
“Tax return preparer clients look to them for expertise and guidance. It is the tax return preparers’ obligation to faithfully and accurately prepare a return on behalf of their clients” said Thomas J. Holloman, Special Agent in Charge, IRS Criminal Investigation. “Tax return preparers who purposely prepare false tax returns to get high refunds are stealing directly from American taxpayers and today’s sentencing shows IRS-CI, in concert with the Department of Justice, is committed to aggressively pursuing unscrupulous tax professionals that prey on the public.”
The case was investigated by the Internal Revenue Service’s Criminal Investigation Division. Assistant United States Attorneys Jonathan S. Ross and Alice S. LaCour prosecuted the case.
Two Former Auburn Bank Employees Plead Guilty to Embezzling FundsRead the Press Release
Montgomery, AL – Two people have pleaded guilty for their involvement in an embezzlement scheme involving Auburn Bank in Notasulga, Alabama, announced Louis V. Franklin, Sr., U.S Attorney for the Middle District of Alabama.
Randi Lynn Carleton, 39, of Dadeville, Alabama, pleaded guilty today to embezzling bank funds, and Leslie Fountain, 34, of Notasulga, Alabama, entered a guilty plea on July 11, 2019 to the same charge. Both defendants worked at the Notasulga branch of Auburn Bank where Carleton was the branch manager and Fountain was the assistant branch manager. The scheme started with check kiting, or floating checks, and then progressed over time to embezzling cash from Auburn Bank. In September 2018, Auburn Bank conducted an audit on their Notasulga Branch and became aware of the defendants’ fraudulent activity despite their attempts to cover-up the scheme. Court records indicate that they jointly embezzled approximately $379,250 in cash.
Carleton and Fountain each face a maximum prison sentence of 30 years as well as significant fines and restitution for the amount stolen. There is no parole in the federal system. The defendants will be sentenced within the next few months.
U.S. Attorney Louis V. Franklin, Sr. would like to thank the Federal Bureau of Investigation (FBI) for their assistance in this case. This case is being prosecuted by Assistant United States Attorneys Bradley Bodiford and Eric Counts.
Psychiatrist with Office in Opelika Indicted on Drug Distribution ChargesRead the Press Release
Montgomery, AL – On Tuesday, July 30, 2019, Dr. James Henry Edwards, III, 72, of Fairhope, Alabama, appeared in court for an arraignment after being charged with drug distribution offenses, announced United States Attorney Louis v. Franklin, Sr. Until his arrest on July 11, 2019, Dr. Edwards was a practicing psychiatrist with offices in Opelika and Gulf Shores, Alabama.
The indictment charges Edwards with three counts of unlawfully distributing controlled substances by writing medically illegitimate prescriptions. Among the drugs Edwards is alleged to have unlawfully prescribed are: alprazolam, commonly known by its brand name version, “Xanax”; dextroamphetamine-amphetamine, commonly known by its brand name version, “Adderall”; hydrocodone, commonly known by its brand name versions, “Norco,” and “Lortab”; lisdexamfetamine, commonly known by its brand name version, “Vyvanse”; and diazepam, commonly known by its brand name version, “Valium.”
If convicted, Edwards faces a maximum sentence of 20 years’ imprisonment on each count. He also faces substantial monetary penalties and restitution.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt. At his arraignment, Edwards pleaded not guilty to each count. A trial is currently scheduled for December 2, 2019 in Opelika. This case was investigated by the Drug Enforcement Administration’s Tactical Diversion Squad, the Federal Bureau of Investigation, and the United States Department of Health and Human Services – Office of Inspector General. Assisting on the case were: the Opelika, Alabama Police Department; the Alabama Board of Medical Examiners; the Gulf Shores, Alabama Police Department; the United States Department of Defense – Office of Inspector General; and the Alabama Department of Public Health. Assistant United States Attorneys Jonathan S. Ross, Megan A. Kirkpatrick, and Alice S. LaCour are prosecuting the case.
Owner of Lee County Truck Driving School Charged with Bribery and Wire Fraud OffensesRead the Press Release
Montgomery, AL – On Thursday, July 25, 2019, James Welburn, 72, a resident of Columbus, Georgia and the owner of American Truck Driving Academy, located in Lee County, Alabama, was arrested after being indicted by a federal grand jury sitting in Montgomery, Alabama, announced United States Attorney Louis V. Franklin, Sr.
The indictment charges that Welburn paid bribes to a commercial driver’s license (CDL) examiner in exchange for the examiner showing preferential treatment to American Truck Driving Academy students when those students took CDL driving exams. Specifically, Welburn paid the examiner $25 per student tested by the examiner. In exchange for these $20 bribes, the examiner agreed to do things like: (1) test students even though students had not possessed learner’s permits for at least 14 days, as required by federal regulations; (2) test more than five students in a single day, in violation of state law; and (3) refrain from testing students on certain trucking maneuvers if the students were unlikely to be able to perform the maneuvers. Additionally, the examiner agreed to give American Truck Driving Academy students “the benefit of the doubt” on all road tests.
The indictment charges Welburn with conspiracy, bribery, and wire fraud offenses. If convicted of the most serious charges, Welburn faces a maximum sentence of 20 years’ imprisonment on each count. He also faces substantial monetary penalties and restitution.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.
This case was investigated by the United States Department of Transportation’s Office of Inspector General with assistance from the Georgia Department of Drivers Services, the Federal Motor Carrier Safety Administration, the United States Department of Labor – Office of Inspector General, and the Alabama Law Enforcement Agency. Assistant United States Attorneys Jonathan S. Ross and Thomas R. Govan, Jr. are prosecuting the case.
Former Tallassee Police Investigator Sentenced to Prison for Assaulting Handcuffed ArresteeRead the Press Release
Montgomery, Alabama - Former Tallassee Police investigator Brandan Smirnoff, 27, was sentenced to 22 months in prison for assaulting a handcuffed, 24-year-old man, announced U.S Attorney Louis V. Franklin, Sr., Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, and FBI Special Agent in Charge James Jewell. There is no parole in the federal system.
Smirnoff encountered the victim, J.M., after a vehicle pursuit. After officers pursued J.M. for several minutes on a four-wheeler, J.M. stepped off the four-wheeler, laid face down on the ground, and allowed several Tallassee police officers to handcuff him. While J.M. was handcuffed and compliant, Smirnoff lifted him into the air and slammed him to the ground. Smirnoff then lifted the victim into the air and slammed him to the ground a second time. Moments later, before Smirnoff placed the victim into a patrol car, Smirnoff slammed the victim’s head into the side of the vehicle. Throughout the assault, the victim was handcuffed, compliant, and did not pose a threat.
“Mr. Smirnoff not only violated the victim’s constitutional rights by assaulting him repeatedly, he committed a crime that dishonored the whole law enforcement community,” said U.S. Attorney Franklin. “A significant sentence of imprisonment was therefore appropriate in this case, not only to punish Mr. Smirnoff for his actions, but also to deter others from committing acts that lead to distrust between law enforcement and the public.”
“The overwhelming majority of law enforcement officers today are honest hardworking individuals,” said Special Agent in Charge Jewell. “However, the FBI will not tolerate the abuse of the public trust in this manner. Law enforcement is held to a higher standard, and in this unfortunate incident, that standard was not met.”
“This defendant abused his power as a police investigator by assaulting a restrained person in his custody. Officers who willfully use excessive force not only violate the Constitution, they erode the public trust in law enforcement,” said Assistant Attorney General Dreiband. “The Civil Rights Division is committed to protecting victims of these abuses and upholding the Constitution and laws that protect us all.”
On April 19, Smirnoff pleaded guilty to one count of violating 18 U.S.C. § 242 by assaulting J.M. while acting under color of law.
This case was investigated by the FBI’s Montgomery Division. It was prosecuted by Assistant U.S. Attorney Denise Simpson of the Middle District of Alabama and Trial Attorney Michael J. Songer of the Civil Rights Division.
Former Alabama Police Investigator Sentenced to Prison for Assaulting Handcuffed ArresteeRead the Press Release
Former Tallassee Police investigator Brandan Smirnoff, 27, was sentenced to 22 months in prison for assaulting a handcuffed, 24-year-old man. Smirnoff encountered the victim, J.M., after a vehicle pursuit. After officers pursued J.M. for several minutes on a four-wheeler, J.M. stepped off the four-wheeler, laid face down on the ground, and allowed several Tallassee police officers to handcuff him. While J.M. was handcuffed and compliant, Smirnoff lifted him into the air and slammed him to the ground. Smirnoff then lifted the victim into the air and slammed him to the ground a second time. Moments later, before Smirnoff placed the victim into a patrol car, Smirnoff slammed the victim’s head into the side of the vehicle. Throughout the assault, the victim was handcuffed, compliant, and did not pose a threat.
“This defendant abused his power as a police investigator by assaulting a restrained person in his custody. Officers who willfully use excessive force not only violate the Constitution, they erode the public trust in law enforcement,” said Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division. “The Civil Rights Division is committed to protecting victims of these abuses and upholding the Constitution and laws that protect us all.”
“Mr. Smirnoff not only violated the victim’s constitutional rights by assaulting him repeatedly, he committed a crime that dishonored the whole law enforcement community,” said U.S. Attorney Louis V. Franklin, Sr. “A significant sentence of imprisonment was therefore appropriate in this case, not only to punish Mr. Smirnoff for his actions, but also to deter others from committing acts that lead to distrust between law enforcement and the public.”
On April 19, Smirnoff pleaded guilty to one count of violating 18 U.S.C. § 242 by assaulting J.M. while acting under color of law.
This case was investigated by the FBI’s Montgomery Division. It was prosecuted by Assistant U.S. Attorney Denise Simpson of the Middle District of Alabama and Trial Attorney Michael J. Songer of the Civil Rights Division.
Kinsey Man Sentenced to 12 Years in Federal Prison for Federal Firearm and Assault ChargesRead the Press Release
Montgomery, Alabama- On July 2, 2019, Jaccarlus Montrail Dawsey, 18, of Kinsey, Alabama, was sentenced to 12 years in prison for shooting at officers during an arrest on state charges, announced U.S. Attorney Louis V. Franklin, Sr. and U.S. Marshal Jessee Seroyer.
The federal case began when the United States Marshals Service’s Gulf Coast Regional Fugitive Task Force (GCRFTF) was assisting the Houston County Sheriff’s Office with locating and apprehending Dawsey, who was wanted on multiple state charges including assault and robbery. On January 4, 2019, Task Force Officers with the GCRFTF, including members from the U.S. Marshals Service, Houston County Sheriff’s Office, Houston County District Attorney’s Office, Dothan Police Department, and Covington County Sheriff’s Office, discovered his location in Dothan. When Task Force Officers approached Dawsey, he fled and fired at them multiple times as they pursued. Thankfully, no one was struck during the exchange of gunfire and he was eventually taken into custody.
On March 26, 2019, Dawsey pled guilty to assaulting federal officers and discharging a firearm in in relation to a crime of violence. The 12-year prison sentence will be followed by five years of supervised release. There is no parole in the federal system. State charges are still pending.
U.S. Attorney Franklin would like to thank the U.S. Marshals Service, the Houston County Sheriff’s Office, the Houston County District Attorney’s Office, the Dothan Police Department, and the Covington County Sheriff’s Office for their assistance in this case. Assistant U.S. Attorneys Eric M. Counts and Curtis Ivy, Jr. prosecuted the case.
Montgomery Man Sentenced to 40 Years in Federal Prison for Drug and Firearms ChargesRead the Press Release
Montgomery, Alabama- On June 20, 2019, Cody Eugene Mobley, 30, of Montgomery, Alabama, was sentenced to 40 years in prison for federal drug trafficking and firearms charges, announced U.S. Attorney Louis V. Franklin, Sr.
Law enforcement executed a search warrant in June 2018 at Mobley’s residence and found a pound of crystal methamphetamine, drug distribution paraphernalia, and a number of firearms. Among the firearms found were a sawed-off shotgun, a pistol equipped with a silencer, and an AR-15 style rifle equipped with a bump stock.
In March 2019, a jury found Mobley guilty of possession with intent to distribute 50 grams or more of methamphetamine, possession of firearms in furtherance of a drug trafficking crime, being a felon in possession of a firearm, possession of an unregistered short barrel shotgun and possession of an unregistered firearm silencer in connection with a drug distribution crime. A federal judge sentenced Mobley to ten years for the first four charges. The illegal possession of a silencer in connection with a drug distribution crime carries a mandatory minimum of 30 years, which will run consecutive to the ten-year sentence. There is no parole in the federal system.
The case was investigated by the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Montgomery Police Department. The case was prosecuted by Assistant U.S. Attorneys Brandon Bates and Kevin Davidson.
Ramer Man Convicted Oo Federal Firearms and Drug ChargesRead the Press Release
Montgomery, Alabama – On Wednesday, June 5, 2019, a federal jury convicted Willis Lydell Cogburn, 31, of Ramer, Alabama, on charges of being a felon in possession of a firearm, possession of a controlled substance with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime, announced United States Attorney Louis V. Franklin, Sr., Troy Police Chief Randall Barr, and ATF Special Agent in Charge Marcus Watson.
The trial evidence showed that in the early morning hours of Saturday, July 8, 2017, Troy Police officers were patrolling the downtown area after responding to a disturbance call. After the issues with the initial call were cleared, officers then began to patrol the area near a bar on Love Street where a crowd had gathered. There they found Cogburn in a vehicle with his car stereo playing at an excessive volume. When officers approached the car to address the noise issue, they noticed an open container of alcohol in the vehicle and detected the smell of marijuana.
Upon questioning, Cogburn became uncooperative and confrontational. Officers asked Cogburn to get out of the vehicle and opened the driver’s door to remove him. At that point, Cogburn placed the vehicle in reverse and drove backwards down the street for approximately 50 feet before hitting another vehicle and coming to a stop. This happened so suddenly that an officer had to jump into the car’s doorjamb and cling to the vehicle to avoid being struck by the open door as the car moved backwards. Luckily, no one was injured.
Once Cogburn was removed from the vehicle, officers searched the car and found a significant amount of marijuana, digital scales, and a .38 caliber revolver. Small amounts of cocaine and methamphetamine were also discovered. Having previously been convicted of a felony, Cogburn was prohibited from possessing a firearm.
Following these convictions, Cogburn is facing a minimum of five years in prison with a maximum sentence of life. There is no parole in the federal system.
“Guns and drugs are a deadly mix,” stated U.S. Attorney Franklin. “Dealers often carry firearms to protect their drugs and money, placing the public and law enforcement at risk. We are fortunate that someone was not seriously injured during this encounter and I am relieved that the Troy police officers were able to prevent the situation from escalating further.”
“Our officers encountered a dangerous individual that night and the situation escalated very quickly,” stated Chief Barr. “Thankfully, we were able to get him into custody without serious injury to officers, bystanders, or the defendant. I am grateful for the partnerships my department has with the agencies involved in this case and the U.S. Attorney’s Office.”
ATF Special Agent in Charge, Marcus Watson stated, “The partnerships with the Troy Police Department and the U.S. Attorney’s Office were crucial in reducing the potential for violent crime in this case.”
The case was investigated by the Troy Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with assistance from the Montgomery County Sheriff’s Office and the Alabama Department of Forensic Sciences. Assistant United States Attorneys Joshua Wendell and Robert Nichols prosecuted the case.
Montgomery Nurse Practitioner Receives 10-Year SentenceRead the Press Release
Montgomery, Alabama – On Wednesday, May 29, 2019, a Montgomery, Alabama nurse practitioner, Lilian Ifeoma Akwuba, 40, received a 10-year sentence for her part in helping run two separate “pill mill” operations in Montgomery over a four-year period, announced United States Attorney Louis V. Franklin, Sr., Assistant Special Agent in Charge Clay Morris with the Drug Enforcement Administration, Special Agent in Charge Derrick L. Jackson with the U.S. Department of Health and Human Services, Office of Inspector General, and Special Agent in Charge Thomas J. Holloman with the IRS Criminal Investigation, Atlanta Field Office The sentence followed her convictions for drug distribution and health care fraud. Specifically, in October of 2018, a federal jury convicted Akwuba on 17 counts of unlawfully distributing controlled substances, four counts of health care fraud, one count of conspiring to distribute controlled substances, and one count of conspiring to commit health care fraud.
The trial evidence showed that, from 2013 through 2016, Akwuba worked at Family Practice, a Montgomery medical practice located at 4143 Atlanta Highway. Her supervisor there was the practice’s owner, Dr. Gilberto Sanchez. Working under Sanchez, Akwuba issued and caused to be issued unnecessary and illegitimate prescriptions for a variety of controlled substances, including fentanyl, hydrocodone (commonly known as “Norco” or “Lortab”), oxycodone (commonly known as “Percocet”), alprazolam (commonly known as “Xanax”), and methadone. Akwuba and Sanchez also required these patients to return approximately every month to obtain their prescriptions. These unnecessary office visits and unlawful prescriptions were ultimately billed to the insurance companies, which paid the claims.
In 2016, Akwuba left Family Practice and opened her own practice, Mercy Family Health Care, located at 128 Mytilene Park Drive in east Montgomery. At her new practice, Akwuba continued the prescribing patterns she developed while working at Family Practice. Because Akwuba was a nurse practitioner and not a physician, she was not able to issue prescription refills on Schedule II controlled substances without a physician’s approval. Akwuba skirted this rule by, in many instances, forging physicians’ signatures on prescriptions for controlled substances.
At the sentencing hearing, the federal judge found that Akwuba testified falsely at trial. As a result, Akwuba received a sentencing enhancement for obstructing justice. Additionally, Akwuba received an enhancement for abusing the trust society placed in her when it allowed her to practice nursing. Before imposing sentence, the judge described Akwuba as a “highly educated drug dealer” and also noted that Akwuba had demonstrated no remorse for the immeasurable harm caused by the prescriptions she signed.
“Far too many of us have been touched by this crisis of over-medication,” stated United States Attorney Franklin. “It is a problem that we hear about on the news and deal with in our own homes. My office and our law enforcement partners are making progress in addressing the issue. Due to the position she held as a medical professional and the air of legitimacy that it comes with, I consider Ms. Akwuba’s actions to be, in many ways, worse than a street-level drug dealer. I hope that the sentence imposed in this case will deter other prescribers from following in her footsteps and causing harm to their patients.”
“Today's sentencing effectively ends the unlawful distribution of controlled substances by Akwuba, a licensed nurse practitioner,” stated Assistant Special Agent in Charge Clay Morris with DEA. “Anyone who preys on the addiction of others will bear the full force of the DEA and our law enforcement partners. We will not tolerate those who unlawfully distribute drugs regardless of their position in life. Healthcare professionals who violate our trust and cause harm to our communities will be held accountable for their criminal activities. The safety of the citizens of Alabama and the United States is our most important priority.”
"Nurse practitioner Lilian Akwuba abandoned her obligation to protect the health and well-being of patients, instead taking advantage of people suffering from addiction to opioids in order to enrich herself," said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “We will continue to work with our law enforcement partners to protect patients and the health care programs intended to serve them.”
"Medical professionals who illegally dispense prescription narcotics are no better than street level drug dealers and must be held accountable for their actions," said Thomas J. Holloman, Special Agent in Charge IRS Criminal Investigation, Atlanta Field Office. “This sentencing is another step in our ongoing effort to combating the opioid epidemic, healthcare fraud and profiteering in the trafficking of legal drugs. IRS-CI will continue to work with our law enforcement partners and the US Attorney's Office to address these public challenges.”
The case was investigated Drug Enforcement Administration, Health and Human Services-Office of the Inspector General, and Internal Revenue Service-Criminal Investigation. The Alabama Law Enforcement Agency, the Opelika, Alabama Police Department, the Montgomery, Alabama Police Department, and the Alabama Board of Medical Examiners all assisted in the investigation. Assistant United States Attorneys Jonathan S. Ross, Megan A. Kirkpatrick, and Rand Neeley prosecuted the case.
Montgomery Business Man Sentenced for Bank Fraud, Mail Fraud and Drug ChargesRead the Press Release
Montgomery, Alabama – On Wednesday, May 29, 2019, Gene Earl Easterling, 47, of Montgomery, Alabama, was sentenced to 63 months of imprisonment for bank fraud, mail fraud, and drug charges, announced U.S. Attorney Louis V. Franklin, Sr., Postal Inspector in Charge Adrian Gonzalez of the Houston Division, and Assistant Special Agent in Charge Clay Morris with the Drug Enforcement Administration. Easterling’s five year and three month prison term will be followed by three years of supervised release. There is no parole in the federal system. The judge also ordered Easterling to pay restitution to his financial institution victims.
The mail and bank fraud charges stemmed from a scheme in which Easterling others submitted a series of fraudulent loan applications and received payment. Specifically, evidence showed that from March 2015 through October 2017, Easterling represented to several Montgomery banks and credit unions that he owned a car dealership in Montgomery, Alabama named “Next-in-Line, Inc.” He and others working with him would submit applications for auto loans to pay for cars from his lot. However, Easterling never owned a car lot or actually sold cars. Investigators confirmed that Next-In-Line was never issued an auto-dealer’s license, and in fact, according to Next-In-Line’s business license, it was a computer/gaming repair company.
Once the loans were approved and checks were sent to the applicant through the United States mail, Easterling and his co-conspirators would take them to a bank to cash. Easterling would keep a portion of the check and give a portion to his accomplices. Ultimately, no vehicles were ever purchased. Furthermore, once the loan checks were received Easterling and his co-conspirators would make one or two payments on the loan, then stop paying and attempt to discharge their debt through the bankruptcy courts.
In total, sixteen fraudulent loans checks were approved and resulted in a loss of $682,980 to the financial institutions. Easterling and his co-conspirators also submitted other applications which were not approved in the amount of $253,500. His co-conspirators also have pending cases.
As to his drug offense, Easterling was also found to be in possession of cocaine with intent to distribute.
“When criminals lie to banks for their own personal gain, it hurts everyone. When they are also selling drugs, it is even more alarming,” said U.S. Attorney Franklin. “Unfortunately, there is no shortage of crooks out there trying to defraud individuals, financial institutions, and government agencies. My office will continue to work with our law enforcement partners to protect the community from this type of criminal activity.”
“Gene Easterling’s conspiracy was motivated by pure greed,” said Postal Inspector in Charge Adrian Gonzalez. “Using false business practices, Easterling shamelessly enriched himself by taking advantage of the goodwill of credit unions and banks. Because he also violated the sanctity of the U.S. Mail to further his crimes, Postal Inspectors diligently worked with our law enforcement partners to hold Easterling accountable for his actions.”
“This investigation is a clear example of the connections between drug trafficking and other crimes,” said Assistant Special Agent in Charge Clay Morris. “Often times, criminal organizations distribute drugs as a means to finance other criminal enterprises. Today’s sentencing should send a clear message to drug dealers that if you sell poison in our communities, DEA and our law enforcement partners will relentlessly investigate you and bring you to justice.”
The case was investigated by the United States Postal Inspection Service and the Drug Enforcement Administration. The case was prosecuted by Assistant United States Attorneys Denise O. Simpson and Curtis Ivy.
Owner of California Company Sentenced for Conspiring to Bribe an Alabama LegislatorRead the Press Release
Montgomery, Alabama – On Tuesday, May 28, 2019, G. Ford Gilbert, 71, of Carmichael, California received a 12-month sentence for conspiring to commit bribery of a state official, announced United States Attorney Louis V. Franklin, Sr. The judge ordered that the 12-month sentence be served by completing six months of incarceration in federal prison, to be followed by six months of home detention.
Gilbert’s sentencing follows his guilty plea that occurred back in January of this year. Court documents show that Gilbert was the owner of a California-based company that provided a form of diabetes treatment that would not be covered by the state’s largest health care insurer, Blue Cross and Blue Shield of Alabama (BCBS-AL). After his attempts to persuade BCBS-AL to cover the treatments were unsuccessful, he developed another plan.
During the 2016 Alabama Legislature session, he conspired with the majority leader of the Alabama House of Representatives at the time, Mickey Ray Hammon, to pass a bill that would have required BCBS-AL to cover the treatments offered by his clinics. Court documents indicate that Hammon used his influence in the House of Representatives to generate support for Gilbert’s bill and was paid $2000.00 by Gilbert to do so. However, the bill failed when it did not advance out of committee.
This case was investigated by the United States Postal Inspection Service with assistance from the Federal Bureau of Investigation. Assistant United States Attorneys Jonathan S. Ross, Joshua Wendell, and Stephanie C. Billingslea prosecuted the case.
Schuylkill County Man Sentenced to over Eight Years’ Imprisonment for Allowing Drug Traffickers to Store Heroin in His HomeRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Paul Jadus, age 53, of Shenandoah, Pennsylvania, was sentenced on May 13, 2019, by Senior U.S. District Court Judge James M. Munley to 100 months’ imprisonment to be followed by four years of supervised release for his role in a large-scale heroin trafficking conspiracy that operated in the Schuylkill County area from 2012 to late 2015.
According to United States Attorney David J. Freed, Jadus previously admitted to allowing drug traffickers to store between 700 grams and one kilogram of heroin in his Shenandoah home. That drug quantity is equivalent to between 28,000 and 40,000 retail bags of heroin.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Shenandoah Police Department. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Montgomery Woman Convicted of Ten Counts of Filing False Tax ReturnsRead the Press Release
Montgomery, Alabama – On Thursday, May 9, 2019, a federal jury convicted a Montgomery woman, Laquanda Gilmore Garrott, 39, on ten counts of aiding and assisting the filing of a false federal income tax return, announced United States Attorney Louis V. Franklin, Sr. and Special Agent in Charge Thomas J. Holloman, III of the Internal Revenue Service’s Criminal Investigation Division.
The trial evidence showed that, from 2011 through 2015, Garrott operated a tax preparation business called L&G Associates, LLC. Garrott’s business was located in a shopping center off of the Southern Boulevard in Montgomery. At her business, Garrott knowingly put false information on her client’s tax returns in order to artificially inflate the clients’ tax refunds and, in turn, her own fees. For example, Garrott falsely claimed that one client lost more than $30,000 on a side lawn care business even though she knew the client did not operate such a business. By including the false business losses, Garrott was able to offset the client’s taxable income and make the client eligible for a refundable tax credit, the Earned Income Tax Credit.
Garrott’s business was very profitable. During the trial, the government established that during 2014 and 2015, Garrott prepared over 1,500 returns and collected more than $370,000 in tax preparation fees.
Following these convictions, Garrott is facing up to 3 years in prison on each count, substantial fines, and an order of restitution. There is no parole in the federal system.
“Filing false tax returns is not only a crime against the government, it is also a crime against each American taxpayer,” commented United States Attorney Franklin. “Ms. Garrott removed hard-earned tax dollars from the public coffers for her own profit. My office will continue to work with our law enforcement partners to identify tax cheats and prosecute them to the fullest extent of the law.”
“As filing season has now come to an end, those who might consider preparing false tax returns should be aware of the extremely negative consequences as evidenced by the guilty verdict of Laquanda Garrott. This verdict sends a clear message that IRS Criminal Investigation operates year round to protect the integrity of our tax system," stated Thomas J. Holloman, III, Special Agent in Charge of the Atlanta Field Office. “This verdict is an important victory for America's taxpayers who play by the rules and have no tolerance for those who make up their own rules. This conviction serves to remind us that there is no such thing as free money and there are no awards or incentives for creativity when it comes to crime.”
The case was investigated by the Internal Revenue Service’s Criminal Investigation Division. Assistant United States Attorneys Jonathan S. Ross and Alice S. LaCour are prosecuting the case.
Former Chief Executive Officer of Health Care Company Sentenced to Two Years Probation for Theft of Government PropertyRead the Press Release
Montgomery, Alabama - On Thursday, May 2, 2019, William “Ed” Henry, 48, of Hartselle, Alabama, was sentenced to two years’ probation for aiding and abetting the theft of government property. He was also ordered to pay a fine of $4,000.00, announced United States Attorney Louis V. Franklin, Sr.
According to court documents, from 2015 through 2017, Henry was an owner of a health care company, MyPractice24, Inc. (MyPractice24). During some of that time, Henry also served as the company’s chief executive officer (CEO). MyPractice24 provided non-face-to-face chronic care management services to Medicare beneficiaries who had two or more chronic conditions. The company did so pursuant to contracts into which it entered with primary care physicians. Under those contracts, the doctors would pay Henry’s company to provide these chronic care management services to the doctors’ patients, the company would provide the services, the doctors would bill Medicare for the services, and then the doctors would pay Henry’s company a share of the reimbursements received from Medicare.
Court documents state that in 2016, Henry entered into an agreement with Dr. Gilberto Sanchez, a Montgomery physician who has subsequently pleaded guilty to drug distribution, health care fraud, and money laundering charges. Under that agreement, MyPractice24 would provide various kickbacks to Dr. Sanchez and his staff in return for the providers at Dr. Sanchez’s practice referring Medicare beneficiaries to MyPractice24 for chronic care management services. Additionally, Henry assisted Dr. Sanchez in paying kickbacks to patients who enrolled in the chronic care management program. Dr. Sanchez paid these kickbacks by systematically waiving copays—copays which Medicare required Dr. Sanchez to collect. Henry was charged with entering into similar agreements with other Alabama physicians, including Dr. Punuru Reddy of Decatur, Alabama and Dr. Nicole Scruggs of Huntsville, Alabama.
Henry’s sentencing hearing followed a January hearing during which Henry pleaded guilty to one count of theft of government property. The count stemmed from Henry’s helping Sanchez and other physicians in obtaining Medicare reimbursements to which the doctors were not entitled.
This case was investigated by the United States Department of Health and Human Services – Office of Inspector General, the Drug Enforcement Administration’s Tactical Diversion Squad, and the Internal Revenue Service’s Criminal Investigation Division. The Montgomery County, Alabama Sheriff’s Office, the Alabama Board of Medical Examiners, the Montgomery, Alabama Police Department, and the Opelika, Alabama Police Department assisted in the investigation. Assistant United States Attorneys Jonathan S. Ross and Megan A. Kirkpatrick prosecuted the case.
Prattville Woman Pleads Guilty to Filing Fraudulent Tax ReturnRead the Press Release
Montgomery, Alabama - On Monday, April 29, 2019, Candace Brie Betances, 42, of Prattville, Alabama pleaded guilty to submitting false claims to the Internal Revenue Service (IRS) seeking tax refunds, announced United States Attorney Louis V. Franklin, Sr., and IRS Criminal Investigation Special Agent in Charge Thomas J. Holloman.
The guilty plea comes after Betances was indicted by a federal grand jury in February of 2019 on four counts of making false claims against the government. Court documents show that in July 2015 she filed a tax return for the 2013 tax year and claimed that her employer withheld $1,152,320.00 in federal taxes. Based on this false statement regarding her withholdings, she requested that the United States Treasury pay her $253,080.00. When filing the return, Betances knew the claim was false, that the withholding amount was not accurate, and that she was not owed the tax refund. Fortunately, the IRS detected the fraud and did not pay the requested refund.
Betances’s sentencing hearing will occur in the next few months. At that hearing, Betances will be facing up to five years in prison and substantial fines.
“By making false statements on her tax return, Ms. Betances was attempting to defraud the government and steal from every American taxpayer,” stated U. S. Attorney Franklin. “I am pleased that the Internal Revenue Service was able to prevent the loss of tax dollars in this case and I pledge that my office will prosecute anyone that wants to use the United States Treasury as his or her own piggy bank.”
“This plea is an important victory for America's taxpayers who play by the rules and have no tolerance for those who make up their own rules,” said Special Agent in Charge Holloman. “This investigation serves to remind us that there is no such thing as free money and there are no awards or incentives for creativity when it comes to crime. We will continue to utilize our resources and work with the U.S. Attorney’s Office in holding those accountable who attempt to defraud the government and steal from the American taxpayer.”
The IRS’s Criminal Investigation Division investigated the case. Assistant United States Attorney Jonathan S. Ross is prosecuting the case.
Former Tallassee Police Investigator Pleads Guilty to Assaulting Handcuffed ArresteeRead the Press Release
Montgomery, Alabama – Today, Michael Brandon Smirnoff, 27, a former Tallassee Police investigator, pleaded guilty to assaulting a handcuffed, 24-year-old man, announced U.S. Attorney Louis V. Franklin, Sr., Assistant Attorney General Eric Drieband of the Justice Department’s Civil Rights Division, and FBI Special Agent in Charge James E. Jewell.
According to the guilty plea, Smirnoff, who was on duty as an investigator with the Tallassee Police Department, used his patrol car to pursue the victim, J.M., who was on a four-wheeler. After the pursuit, J.M. stepped off his four-wheeler, laid face down on the ground, and allowed several Tallassee police officers to handcuff him. While J.M. was handcuffed and compliant, Smirnoff lifted him into the air and then slammed him to the ground. Smirnoff then repeated the assault. Moments later, before Smirnoff placed the victim into his patrol car, Smirnoff slammed the victim’s head into the side of the vehicle. For each assault, the victim was handcuffed, compliant, and did not pose a threat.
“Police officers who willfully use excessive force not only violate the Constitution, they erode the public trust in law enforcement,” said Assistant Attorney General Eric Drieband of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to protecting victims of these abuses and upholding the Constitution and laws that protect us all.”
“It is especially important in a climate of distrust between law enforcement and the public, that officers act ethically and within the bounds of the law,” said U.S. Attorney Franklin. “This police officer’s brutal behavior was unacceptable and criminal. He violated this young man’s constitutional rights and the trust placed in law enforcement officers to faithfully, ethically, and morally enforce the law. You can be sure that anytime an officer steps over the line and into criminal behavior, as this one did, my office will hold that individual accountable.”
FBI Special Agent in Charge James E. Jewell stated, "The FBI supports our state and local law enforcement partners but will not tolerate the intentional abuse of a citizen. The position of police officer should convey compassion as well as trust and we intend to hold that line."
Smirnoff faces a statutory maximum sentence of 10 years in prison and a $250,000 fine. His sentencing hearing is set for July 18, 2019.
This case is being investigated by the FBI’s Montgomery Division. It is being prosecuted by Assistant U.S. Attorney Denise Simpson of the Middle District of Alabama and Trial Attorney Michael J. Songer of the Civil Rights Division.
Former Alabama Police Investigator Pleads Guilty to Assaulting Handcuffed ArresteeRead the Press Release
The Department of Justice announced today that a former Tallassee Police investigator, Brandon Smirnoff, 27, pleaded guilty to assaulting a handcuffed, 24-year-old man.
According to the guilty plea, Smirnoff, who was on duty as an investigator with the Tallassee Police Department, used his patrol car to pursue the victim, J.M., who was on a four-wheeler. After the pursuit, J.M. stepped off his four-wheeler, laid face down on the ground, and allowed several Tallassee police officers to handcuff him. While J.M. was handcuffed and compliant, Smirnoff lifted him into the air and then slammed him to the ground. Smirnoff then repeated the assault. Moments later, before Smirnoff placed the victim into his patrol car, Smirnoff slammed the victim’s head into the side of the vehicle. For each assault, the victim was handcuffed, compliant, and did not pose a threat.
“Police officers who willfully use excessive force not only violate the Constitution, they erode public trust in law enforcement,” said Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division. “The Civil Rights Division is committed to protecting victims of these abuses and upholding the Constitution and laws that protect us all.”
“It is especially important in a climate of distrust between law enforcement and the public, that officers act ethically and within the bounds of the law,” said U.S. Attorney Louis V. Franklin for the Middle District of Alabama. “This police officer’s brutal behavior was unacceptable and criminal. He violated this young man’s constitutional rights and the trust placed in law enforcement officers to faithfully, ethically, and morally enforce the law. You can be sure that anytime an officer steps over the line and into criminal behavior, as this one did, my office will hold that individual accountable.”
FBI Special Agent in Charge James E. Jewell stated, "the FBI supports our state and local law enforcement partners but will not tolerate the intentional abuse of a citizen. The position of police officer should convey compassion as well as trust and we intend to hold that line."
Smirnoff faces a statutory maximum sentence of 10 years in prison and a $250,000 fine.
This case is being investigated by the FBI’s Montgomery Division. It is being prosecuted by Assistant U.S. Attorney Denise Simpson of the Middle District of Alabama and Trial Attorney Michael J. Songer of the Civil Rights Division.
Justice Department Alleges Conditions in Alabama Men’s Prisons Violate the ConstitutionRead the Press Release
WASHINGTON – The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama today concluded that there is reasonable cause to believe that the conditions in Alabama’s prisons for men violate the Eighth Amendment of the U.S. Constitution. The Department concluded that there is reasonable cause to believe that the men’s prisons fail to protect prisoners from prisoner-on-prisoner violence and prisoner-on-prisoner sexual abuse, and fail to provide prisoners with safe conditions.
As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the Department provided Alabama written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.
“The Constitution guarantees all prisoners the right to be housed in safe conditions and not be subjected to violence and sexual abuse,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Our investigation found reasonable cause to believe that Alabama fails to provide constitutionally adequate conditions and that prisoners experience serious harm, including deadly harm, as a result. The Justice Department hopes to work with Alabama to resolve the Department’s concerns.”
“This massive undertaking alleges constitutional troubles in the Alabama Department of Corrections which are serious, systemic, and in need of fundamental and comprehensive change,” U.S. Attorney Jay Town stated. “That being said, I have great confidence in the State of Alabama’s resolve to correct the prison system’s problems. The commitment by Governor Ivey, Commissioner Dunn, and so many others in the State’s leadership to affirmatively address these inherited issues offers great promise of our development of a meaningful remedy.”
“An extraordinary amount of time and effort was expended to investigate this matter,” said U.S. Attorney Louis V. Franklin, Sr. “Although the results of this investigation are disturbing, I look at this as an opportunity to acknowledge that the problems are real and need to be addressed immediately. We are committed to working with State officials to ensure that the Department of Corrections abides by its constitutional obligations.”
“The United States Constitution bans ‘cruel and unusual punishments’ but the conditions found in our investigation of Alabama prisons provide reasonable cause to believe there is a flagrant disregard of that injunction,” said U.S. Attorney Richard Moore. “The failure to respect the rule of law by providing humane treatment for inmates in Alabama prisons is a poor reflection on those of us who live and work in Alabama. We are better than this. We do not need to tarry very long assessing blame, but rather commit to righting this wrong and spare our State further embarrassment. The task is daunting, but one we must embrace now without reservation. I am confident that Governor Ivey and the Legislative leadership in the State of Alabama understand the nature of this inherited problem and that they are committed to sustainable solutions.”
The Civil Rights Division and the United States Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama initiated the investigation in October 2016 under CRIPA, which authorizes the Department to take action when it has reasonable cause to believe there is a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.
This investigation was conducted by attorneys with the Special Litigation Section of the Justice Department’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama. Individuals with relevant information are encouraged to contact the Department by phone at (877) 419-2366 or by email at [email protected].
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt .
Justice Department Alleges Conditions in Alabama Men's Prisons Violate the ConstitutionRead the Press Release
BIRMINGHAM – The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama today concluded that there is reasonable cause to believe that the conditions in Alabama’s prisons for men violate the Eighth Amendment of the U.S. Constitution. The Department concluded that there is reasonable cause to believe that the men’s prisons fail to protect prisoners from prisoner-on-prisoner violence and prisoner-on-prisoner sexual abuse, and fail to provide prisoners with safe conditions.
As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the Department provided Alabama written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.
“The Constitution guarantees all prisoners the right to be housed in safe conditions and not be subjected to violence and sexual abuse,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Our investigation found reasonable cause to believe that Alabama fails to provide constitutionally adequate conditions and that prisoners experience serious harm, including deadly harm, as a result. The Justice Department hopes to work with Alabama to resolve the Department’s concerns.”
“This massive undertaking alleges constitutional troubles in the Alabama Department of Corrections which are serious, systemic, and in need of fundamental and comprehensive change,” U.S. Attorney Jay Town stated. “That being said, I have great confidence in the State of Alabama’s resolve to correct the prison system’s problems. The commitment by Governor Ivey, Commissioner Dunn, and so many others in the State’s leadership to affirmatively address these inherited issues offers great promise of our development of a meaningful remedy. Assistant United States Attorneys Lane Woodke, Jason Cheek, and Carla Ward from the USAO-NDAL Civil Division have helped to lead this statewide investigation spanning nearly three years.”
“An extraordinary amount of time and effort was expended to investigate this matter,” said U.S. Attorney Louis Franklin, Sr. “Although the results of this investigation are disturbing, I look at this as an opportunity to acknowledge that the problems are real and need to be addressed immediately. We are committed to working with State officials to ensure that the Department of Corrections abides by its constitutional obligations.”
“The United States Constitution bans ‘cruel and unusual punishments’ but the conditions found in our investigation of Alabama prisons provide reasonable cause to believe there is a flagrant disregard of that injunction,” said U.S. Attorney Richard Moore. “The failure to respect the rule of law by providing humane treatment for inmates in Alabama prisons is a poor reflection on those of us who live and work in Alabama. We are better than this. We do not need to tarry very long assessing blame, but rather commit to righting this wrong and spare our State further embarrassment. The task is daunting, but one we must embrace now without reservation. I am confident that Governor Ivey and the Legislative leadership in the State of Alabama understand the nature of this inherited problem and that they are committed to sustainable solutions.”
The Civil Rights Division and the United States Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama initiated the investigation in October 2016 under CRIPA, which authorizes the Department to take action when it has reasonable cause to believe there is a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.
This investigation was conducted by attorneys with the Special Litigation Section of the Justice Department’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama. Individuals with relevant information are encouraged to contact the Department by phone at (877) 419-2366 or by email at [email protected].
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
The notice letter and report can be found at /media/999461/dl?inline?utm_medium=email&utm_source=govdelivery.
Former Alabama Correctional Sergeant Pleads Guilty to Assaulting InmatesRead the Press Release
WASHINGTON – The Department of Justice announced that former Alabama Department of Corrections (ADOC) Sergeant Ulysses Oliver Jr., 44, pleaded guilty yesterday in federal court to assaulting two handcuffed inmates at ADOC’s Elmore Correctional Facility.
According to the guilty plea, Oliver went to an observation room holding the two inmate victims, who were both handcuffed and sitting quietly. Oliver pulled the first victim from the observation room into an adjacent hallway, where he struck the victim multiple times with his fists and feet, and then used his collapsible baton to strike the victim approximately 19 times. After assaulting the first victim, Oliver returned to the observation room and pulled the second victim into the hallway. Oliver kicked the second victim and used his baton to strike the victim approximately 10 times. During the assaults, the victims were handcuffed, and were not resisting or posing a threat. After, Oliver returned to the observation room where the victims were held and shoved the tip of his baton into the face of one of the victims, lacerating the victim’s face.
Later, Oliver wrote a false written report concerning the assaults, stating that he only struck the victims on their legs with his baton, when he actually struck the victims about their bodies, and also hit the victims with his hands and feet. Oliver’s report also falsely stated that he struck the victims until he was told by another officer to stop, when in truth the other officer had not ordered Oliver to stop.
“Any abuse of power and use of violence by a correctional officer will not be tolerated,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Department of Justice will continue to enforce our nation’s laws and will prosecute those who break the public trust and violate the civil rights of individuals in their custody.”
“Correctional officers have an incredibly difficult job,” stated U.S. Attorney Louis V. Franklin Sr. from the Middle District of Alabama. “Although a vast majority of them serve with honor, valor, and bravery, cases like this make their jobs more challenging and dangerous. When officers abandon their oath to protect and serve, and engage in conduct that is criminal, they too must be held accountable. This office is committed to prosecute anyone who violates the law."
"Conduct like that of Mr. Oliver will not be tolerated and the Department of Corrections will work with all of its law enforcement partners to ensure that such behavior is thoroughly investigated and appropriately prosecuted," said Alabama Commissioner of Corrections Jefferson S. Dunn.
Oliver faces a statutory maximum sentence of 20 years in prison.
This case is being investigated by the FBI’s Mobile Division and ADOC’s Investigations and Intelligence Division with the assistance from the Alabama Commissioner of Corrections. It is being prosecuted by Assistant U.S. Attorney Denise Simpson of the Middle District of Alabama, and Special Legal Counsel Mark Blumberg, Special Litigation Counsel Jared Fishman, and Trial Attorney David Reese of the Civil Rights Division.
Former Alabama Correctional Sergeant Pleads Guilty to Assaulting InmatesRead the Press Release
The Department of Justice today announced that former Alabama Department of Corrections (ADOC) Sergeant Ulysses Oliver Jr., 44, pleaded guilty today in federal court to assaulting two handcuffed inmates at ADOC’s Elmore Correctional Facility.
According to the guilty plea, Oliver went to an observation room holding the two inmate victims, who were both handcuffed and sitting quietly. Oliver pulled the first victim from the observation room into an adjacent hallway, where he struck the victim multiple times with his fists and feet, and then used his collapsible baton to strike the victim approximately 19 times. After assaulting the first victim, Oliver returned to the observation room and pulled the second victim into the hallway. Oliver kicked the second victim and used his baton to strike the victim approximately 10 times. During the assaults, the victims were handcuffed, and were not resisting or posing a threat. After, Oliver returned to the observation room where the victims were held and shoved the tip of his baton into the face of one of the victims, lacerating the victim’s face.
Later, Oliver wrote a false written report concerning the assaults, stating that he only struck the victims on their legs with his baton, when he actually struck the victims about their bodies, and also hit the victims with his hands and feet. Oliver’s report also falsely stated that he struck the victims until he was told by another officer to stop, when in truth the other officer had not ordered Oliver to stop.
“Any abuse of power and use of violence by a correctional officer will not be tolerated,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Department of Justice will continue to enforce our nation’s laws and will prosecute those who break the public trust and violate the civil rights of individuals in their custody.”
“Correctional officers have an incredibly difficult job,” stated U.S. Attorney Louis V. Franklin Sr. from the Middle District of Alabama. “Although a vast majority of them serve with honor, valor, and bravery, cases like this make their jobs more challenging and dangerous. When officers abandon their oath to protect and serve, and engage in conduct that is criminal, they too must be held accountable. This office is committed to prosecute anyone who violates the law."
"Conduct like that of Mr. Oliver will not be tolerated and the Department of Corrections will work with all of its law enforcement partners to ensure that such behavior is thoroughly investigated and appropriately prosecuted," said Alabama Commissioner of Corrections Jefferson S. Dunn.
Oliver faces a statutory maximum sentence of 20 years in prison.
This case is being investigated by the FBI’s Mobile Division and ADOC’s Investigations and Intelligence Division. It is being prosecuted by Assistant U.S. Attorney Denise Simpson of the Middle District of Alabama, and Special Legal Counsel Mark Blumberg, Special Litigation Counsel Jared Fishman, and Trial Attorney David Reese of the Civil Rights Division.
Georgia Man Found Guilty for His Involvement in Methamphetamine Distribution RingRead the Press Release
Montgomery, Alabama – On Thursday, March 28, 2019, Dennis Reinaldo Peralta, 38, of Lawrenceville, Georgia, was found guilty of conspiracy to sell methamphetamine, announced U.S. Attorney Louis V. Franklin, Sr.
According to the evidence presented at trial, Peralta was working in concert with many others to bring drugs to the Southeast, including Alabama. The overall conspiracy was importing large of amounts of methamphetamine from Mexico, and then distributing those drugs out of the Atlanta area. The conspirators would sometimes possess 30 kilograms (66 pounds) or more of methamphetamine at a time to be available for distribution. The jury heard testimony that Peralta himself sold one kilogram (2.2 pounds) of methamphetamine on one occasion as a part of the overall conspiracy.
The investigation also revealed that at least five kilograms (11 pounds) was distributed to one of Peralta’s co-conspirators, Bryant Pouncy, who would then sell it to various drug users in Enterprise and the greater Wiregrass Region with the assistance of others.
During this investigation, at least seven additional co-conspirators were identified and charged. Each of the following have pled guilty and are awaiting sentencing.
- Bryant Pouncy of Enterprise, Alabama
- Antonio Pouncy of Enterprise, Alabama
- Kimberly Pouncy of Enterprise, Alabama
- Ervin Bradham of Enterprise, Alabama
- Lynn Donaldson of Enterprise, Alabama
- Santos Rivera-Fernandez of Atlanta, Georgia
- Rogelio Israel Pimentel of Rex, Georgia
Each of the defendants, including Peralta, are now facing a minimum sentence of ten years in prison, and a maximum sentence of life. There is no parole in the federal system. All of the defendants are currently in the custody of the United States Marshals Service pending their sentencing hearing, which is expected to occur in the next few months.
U.S. Attorney Franklin would like to thank the following entities for their assistance in investigating this case: the Federal Bureau of Investigation (FBI), the Enterprise Police Department, the Houston County Sherriff’s Office, the Dothan Police Department, the Coffee County Sheriff’s Office, the Alabama Law Enforcement Agency (ALEA), Homeland Security Investigations (HSI), the Coffee County District Attorney’s Office, the Georgia Highway Patrol, the Clayton County (Georgia) Police Department, and the Drug Enforcement Administration (DEA). This case was prosecuted by Assistant United States Attorneys Bradley Bodiford and Curtis Ivy.
Coosa County Escapee Facing Federal ChargesRead the Press Release
Montgomery, Alabama – Yesterday, Shane Anthony Vernon, 28, from Kellyton, Alabama was arraigned in federal court on eight-felony charges, announced United States Attorney Louis V. Franklin, Sr. The eight charges include one count of kidnapping, two counts of carjacking, two counts of being a felon in possession of a firearm, and three counts of possessing a firearm in furtherance of a crime of violence. All of these crimes are alleged to have been committed in Elmore County in November 2017.
If convicted of all charges, Vernon faces a minimum sentence of 15 years in prison, and maximum sentence of life. There is no parole in the federal system.
An indictment is merely a method of alleging that a crime has been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt. Vernon’s trial has been set for August 12, 2019.
U.S. Attorney Franklin would like to thank the following agencies for their assistance with this case: the Coosa County Sheriff’s Office, the Elmore County Sheriff’s Office, and the Federal Bureau of Investigation (FBI). Assistant United States Attorney Joshua J. Wendell is prosecuting this case.
Founder of Lee County-Based Company Sentenced for Wire and Securities FraudRead the Press Release
Montgomery, Alabama – Today, Kyle Geoffrey Sandler, 43, of Auburn, Alabama, was sentenced to 63 months of imprisonment for wire and securities fraud, announced Louis V. Franklin, Sr., U.S. Attorney for the Middle District of Alabama, Joseph P. Borg, Director of the Alabama Securities Commission, and James E. Jewell, Special Agent in Charge for the FBI. Those charges stemmed from a scheme in which he solicited and accepted nearly $2 million from over 70 investors while selling securities of a company that was not registered on a national securities exchange. Sandler’s prison term will be followed by 3 years of supervised release. There is no parole in the federal system. Sandler was also ordered to pay $1,903,000.00 in restitution to his victims.
Evidence showed that from 2015 through 2016, Sandler founded and managed a company called The Roundhouse LLC (Roundhouse), based in Lee County, Alabama. Throughout the Auburn and Opelika communities, Sandler advertised that Roundhouse was a business incubator that helped new and startup companies develop by providing services such as venture capital, office space, 1-gigabit internet, and management training in return for equity in the companies. During the course of his business, Sandler accepted approximately $1.9 million from at least 74 investors and he knowingly sold shares in Roundhouse that were not registered on a national securities exchange. In exchange for the fraudulently obtained investments, Sandler issued stock in Roundhouse and oversold the equity by approximately one hundred percent.
In addition, Sandler made false statements and omitted facts to investors. For example, Sandler misrepresented to potential Roundhouse investors in Lee County that he was a successful entrepreneur who was paid millions of dollars from Google as a former employee although he never actually worked for the tech company. He also failed to disclose to investors that he had two prior criminal convictions based on fraudulent conduct, nor did he tell Roundhouse investors that he was using their funds for personal expenses such as childcare services, rent payments, the purchase of automobiles and other personal items and/or services.
“Mr. Sandler violated the trust of his investors with lies and deception,” said U.S. Attorney Franklin. “They trusted him with their hard earned money, and he used it as his personal piggybank. My office will continue to work with our law enforcement partners to protect the community from these types of schemes.”
Joseph P. Borg, Director of the Alabama Securities Commission said, “The Commission is always proud to work with the U.S. Attorney’s Office, Middle District of Alabama, and the FBI, to protect Alabama citizens from illegal securities offerings and fraudulent activities. Today, the hard work and the collective professional efforts of all enforcement agencies involved provided justice and hopefully sends a message that financial fraud will not be tolerated in Alabama.”
FBI Special Agent in Charge James Jewell stated, “The men and women of the FBI stand ready to fight this type of deception of innocent investors. We appreciate the work of the Alabama Securities Commission as well as the United States Attorney’s Office and look forward to partnering with them in the future to eradicate this type of behavior.”
The case was investigated by the Federal Bureau of Investigation (FBI) and the Alabama Securities Commission. The case was prosecuted by Assistant United States Attorney Denise O. Simpson, Special Assistant United States Attorney Amanda W. Senn, and former Middle District Assistant United States Attorney Steven H. Lee.
Montgomery Man Charged with Being a Felon in Possession of a FirearmRead the Press Release
Montgomery, Alabama – Cleddie Ferlisi Stone, 41, of Montgomery, Alabama, has been charged with possession of a firearm by a convicted felon, announced United States Attorney Louis V. Franklin, Sr. Stone was previously indicted on this charge by a federal grand jury.
On Tuesday, March 19, 2019, a detention hearing was held in federal court to determine whether Stone would remain in custody pending a trial. According to evidence presented at the hearing, Stone had a violent encounter with an individual after a previous disagreement between the two. Stone used a firearm during the encounter and the victim was seriously injured. The encounter was recorded by a nearby surveillance video camera. Stone has previous felony convictions and is prohibited from possessing a gun.
The judge ordered that Stone be held without bail pending his trial date, which has not yet been set. If convicted, Stone will be facing a maximum sentence of ten years in prison.
An indictment is merely a method of alleging that a crime has been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) investigated the case, with assistance from the Montgomery Police Department and the Alabama Department of Forensic Sciences. Assistant United States Attorney Joshua J. Wendell is prosecuting the case.
Montgomery Man Facing 40 Years in Federal Prison Following Drug Trafficking and Firearms ConvictionsRead the Press Release
Montgomery, Alabama- Cody Eugene Mobley, 29, of Montgomery, Alabama was convicted last week of federal drug trafficking and firearms charges, announced U.S. Attorney Louis V. Franklin, Sr., DEA Special Agent in Charge Brad L. Byerley, ATF Special Agent in Charge Marcus Watson, and Montgomery Police Chief Ernest Finley.
On June 6, 2018, a federal search warrant was executed at Mobley’s residence on Butler Road in north Montgomery. During the search, law enforcement found a pound of crystal methamphetamine, drug distribution paraphernalia, and a number of firearms. Among the firearms found were a sawed-off shotgun, a pistol equipped with a silencer, and an AR-15 style rifle, which was equipped with a bump stock.
In September of 2018, Mobley was charged in a five-count indictment for possession with intent to distribute 50 grams or more of methamphetamine, possession of firearms in furtherance of a drug trafficking crime, being a felon in possession of a firearm, possession of an unregistered short barrel shotgun and possession of an unregistered firearm silencer.
The case was tried beginning March 12 and the jury returned a verdict late Friday afternoon finding Mobley guilty on all five counts. A sentencing hearing is scheduled for Mobley on June 20, 2019 where he will be facing a mandatory minimum sentence of 40 years in prison. There is no parole in the federal system.
“Unfortunately, drug trafficking and guns go hand in hand, and this can make for a dangerous combination,” said U.S. Attorney Franklin. “In this case, the defendant had multiple guns loaded and ready to use in connection with his drug trafficking business. These were not your every day, run-of-the-mill guns, and they certainly should not be in the hands of a drug dealing convicted felon. Our office will continue to make it a priority to prosecute these cases to the fullest extent of the law.”
“Nothing is more important than keeping our communities safe. DEA, along with our federal, state and local law enforcement partners, will continue to utilize our combined resources to target individuals trafficking drugs and guns, threatening the safety of our citizens in this region of Alabama and throughout the country. This ‘career offender’s’ conviction sends a message of our unending resolve to pursue drug traffickers who wreak havoc in our communities,” said DEA Special Agent in Charge Brad L. Byerley.
“ATF’s Crime Gun Intelligence Centers are the driving force to reduce the violent crime that plagues our neighborhoods. This conviction illustrates the effective partnerships with law enforcement and the community,” said ATF Special Agent in Charge Marcus Watson.
“At MPD, we appreciate our close working relationship with the U.S. Attorney’s Office and want to thank our federal partners for bringing this investigation to a successful conclusion with the conviction of Mr. Mobley,” said Montgomery Police Chief Ernest Finley.
The case was investigated by the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Montgomery Police Department. The case was prosecuted by Assistant U.S. Attorneys Brandon Bates and Kevin Davidson.
California Man Sentenced to 50 Months for Fraudulent Bank AccountsRead the Press Release
BIRMINGHAM – A federal judge on Tuesday sentenced a California man for stealing identities and using them to open accounts at the Birmingham-based BBVA Compass Bank, as well as using them for access device fraud against residents of Hickory, North Carolina, announced U.S. Attorney Jay E, Town and FBI Special Agent in Charge Johnnie Sharp, Jr.
In two cases, U.S. District Judge Madeline H. Haikala sentenced EDUARDO FERNANDO VILLANUEVA ARANGUENA, 32, of Reseda, Calif., to a combined sentence of 50 months in prison for aggravated identity theft and access device fraud. Aranguena also was ordered to pay $89,447.31 in restitution to the victims of his crimes.
“Stealing someone’s identity takes more than just their money,” Town said. “It robs them of their privacy and sense of security. Identity thieves take note: we will find you and send you on a lengthy and involuntary tour of the federal prison system.”“A stolen identity is a powerful cloak of anonymity for criminals and terrorists and a danger to national security and private citizens alike,” Sharp said. “I particularly want to express my thanks and appreciation to the agents, both here in Alabama and North Carolina, who worked to bring Aranguena to justice.”
According to a plea agreement filed in the case from the Western District of North Carolina, Aranguena obtained access to the online accounts of more than 10 individuals. Those individuals resided in the Hickory, North Carolina area. While in California, Aranguena reset account passwords, added email addresses to the accounts and changed call-forwarding options. Aranguena used the information obtained from these compromised accounts to then compromise numerous individuals’ email accounts, where he obtained personally identifiable information. Using this information, Aranguena opened an account or accounts in those individuals’ names. Aranguena used the fraudulently established accounts to transfer money, set up electronic bill pay, as well as to make purchases, apply for credit cards, and make hotel reservations.
Aranguena pled guilty in October 2018. Aranguena had been charged in the U.S. District Court for the Northern District of Alabama in March 2018. He was subsequently charged by the U.S. Attorney’s Office for the Western District of North Carolina in August 2018. This case was ultimately transferred to the Northern District of Alabama after the defendant indicated his intention to plead guilty to the charges.
FBI’s Birmingham and Charlotte Field Offices investigated the case, which Assistant U.S. Attorney Jonathan Keim prosecuted. The U.S. Attorney’s Offices for the Central District of California and the Western District of North Carolina assisted in the investigation.
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Valley, Alabama Woman Sentenced to 46 Months in Prison for Stealing over $700,000 from Her Employer and Failing to Report Income on Her Tax ReturnsRead the Press Release
Montgomery, Alabama- A Valley, Alabama woman was sentenced today to 46 months in prison for embezzling from her employer and filing false tax returns, announced U.S. Attorney Louis V. Franklin, Sr., and Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division. There is no parole in the federal system.
According to court documents, from February 2007 through May 2014, Alita Baker Edeker, 49, embezzled $700,000 of her employer’s funds by diverting payments from clients of the company to debit and credit cards she controlled. Edeker made false entries in the company’s books and records in order to conceal her embezzlement. After embezzling the funds, Edeker willfully filed false tax returns for tax years 2011, 2012, and 2013 that did not report the money.
In addition to the term of imprisonment imposed, Edeker was ordered to serve three years of supervised release and to pay restitution in the amounts of $819,497.29 to her employer and $101,604 to the Internal Revenue Service (IRS).
United States Attorney Franklin and Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS-Criminal Investigation and the Auburn Police Division, who investigated the case, and Assistant United States Attorney Ben Baxley and Trial Attorney Grace Albinson of the Tax Division, who prosecuted the case.
Alabama Woman Sentenced to 46 Months in Prison for Stealing over $700,000 from Her Employer and Failing to Report Income on Her Tax ReturnsRead the Press Release
An Alabama woman was sentenced today to prison for embezzling from her employer and filing false tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Louis V. Franklin, Sr. for the Middle District of Alabama.
According to court documents, from February 2007 through May 2014, Alita Baker Edeker, a resident of Valley, Alabama, embezzled $700,000 of her employer’s funds by diverting payments from clients of the company to debit and credit cards she controlled. Edeker made false entries in the company’s books and records in order to conceal her embezzlement. After embezzling the funds, Edeker willfully filed false tax returns for tax years 2011, 2012, and 2013 that did not report the money.
In addition to the term of imprisonment imposed, Edeker was ordered to serve three years of supervised release and to pay restitution in the amounts of $819,497.29 to her employer and $101,604 to the Internal Revenue Service (IRS).
Principal Deputy Assistant Attorney General Zuckerman and United States Attorney Franklin commended special agents of IRS-Criminal Investigation, and the Auburn, Alabama Police Department, who investigated the case, and Assistant United States Attorney Ben Baxley and Trial Attorney Grace Albinson of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Tuskegee Woman Sentenced to Seven Years in Prison for Defrauding Online Shoppers and Firearms ChargesRead the Press Release
Montgomery, Alabama- On February 25, 2019, Tanya Lee English, (a/k/a Tanya Roberts and Tanya Wilson), 44, of Tuskegee, Alabama, was sentenced to 84 months in federal prison for wire fraud, aggravated identity theft, and federal firearms charges, announced U.S. Attorney Louis V. Franklin, Sr., and Postal Inspector in Charge of the Houston Division Adrian Gonzalez. There is no parole in the federal system. In addition to the seven-year prison sentence, English is subject to three years of supervision once released and was ordered to pay $119,550.15 in restitution.
Evidence showed that English ran a wire fraud scheme out of her home from April 2013 to July 2017. As part of that scheme, English posted ads on Craigslist and eBay listing high-end baby strollers such as “Uppababy Vista” and “Bugaboo Donkey” for sale. These strollers retailed for $900 to $1,500 each. English listed pictures of these strollers with a sale price range from $599 to $900, or sometimes she would have the buyers bid on the strollers. After English and a buyer agreed on a price and shipping details, English asked them to send the money through PayPal. After the buyer wired the money to English, they would never hear from her again and never received a stroller.
English would deposit the money she received onto General Purpose Reloadable (GPR) cards issued by various banks. Once the money was deposited on these GPR cards, English would either make ATM cash withdrawals or use the cards to make purchases.
Approximately 200 buyers submitted a payment to English for a stroller. Additionally, 600 more buyers attempted to send a payment to English, but PayPal fraud investigators were able to stop the transactions and reverse payment back to the buyers. PayPal’s actual loss from this scheme was $119,550.51. However, had all the additional transactions gone through, the loss would have been over $277,000.00.
Another part of this scheme was that English used the personal identifying information of real people to create forty-one different PayPal accounts. The accounts were discovered after they were sent to collections due to a negative balance. At that point, the innocent individuals reported they did not have a PayPal account and that their identities had been stolen. Agents confirmed this by linking the Pay Pal accounts to English through her internet IP address, her name, and a shipping address in Tallassee, Alabama.
While executing the arrest warrant for the wire fraud and identity theft charges, agents found a number of firearms and ammunition in the home of English and her husband, Timothy Andre English. Both English and her husband had previous felony convictions and were each charged with being a felon in possession of a firearm. Timothy English was sentenced to 18 months in prison back in July of 2018.
Additionally, evidence at English’s sentencing indicated that while she was on release in the fraud and firearms case, the United State Postal Inspector Service and the Lee County Sheriff’s Office became aware of citizen complaints in Lee County that English was again engaging in fraudulent activities. The new allegations indicate that English was employing a scheme to solicit donations for domestic violence victims, such as baby items, items for women, and gift cards for her own benefit. Testimony indicated that she profited from the collection and re-sale of the donated items, and was allegedly using the gift cards and some of the items for her own personal use.
“Ms. English, like many thieves, prey on their victims using the internet,” stated U.S. Attorney Franklin. “She swindled legitimate buyers out of their hard earned money, and tried to cover her tracks using the stolen identities of innocent people. My office is committed to working with law enforcement to identify these crooks and make them pay for their crimes. Consumers should always be cautious when making online purchases and report any unusual activity immediately. Banks and online payment systems have fraud departments that can limit losses if they are notified in time to take action.”
“When Ms. English received bank cards delivered by the Postal Service and then used those items to commit fraud, that small detail drew the attention of Postal Inspectors,” said Inspector in Charge Adrian Gonzalez, Houston Division. “The U.S. Postal Inspection Service is proud to have worked with our law enforcement partners while protecting the sanctity of the U.S. Mail for public commerce.”
The wire fraud and aggravated identity theft case was investigated by the United States Postal Inspection Service. The felon in possession of a firearms case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Postal Inspection Service, and Alabama Law Enforcement Agency. Both cases were prosecuted by Assistant United States Attorney, Denise O. Simpson.
Dothan Bombing Suspect Facing Federal ChargesRead the Press Release
Montgomery, Alabama – A Dothan, Alabama bombing suspect is now facing federal charges for improperly possessing and maliciously using an explosive device, announced U.S. Attorney Louis V. Franklin, Sr., ATF Special Agent in Charge Marcus Watson, Houston County Sheriff Don Valenza, and Dothan Police Chief Steven Parrish.
On February 26, 2019, Sylvio Joseph King (45) of Dothan, Alabama made his initial appearance before a federal judge in Montgomery, Alabama. King was indicted by a federal grand jury for multiple charges related to explosive devices.
According to court documents, King is charged with illegally possessing two different improvised explosive devices back in October 2017. The first device was a remote control bomb that consisted of a galvanized steel pipe that contained bullets and a mixture of an explosive powder. The second device was a directional mine that consisted of aluminum tube that contained lead shot and an explosive powder mixture. King is also charged with using one of the devices to blow up a truck, which resulted in injuries to a victim.
If convicted of all charges, King faces a minimum sentence of 37 years in prison, and a maximum sentence of life in prison, as well as significant fines and restitution. There is no parole in the federal system.
An indictment is merely a method of alleging that a crime has been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt. King’s trial has been set for June 2019.
U.S. Attorney Franklin would like to thank the following agencies for their assistance with this case: the Houston County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Dothan Police Department. Assistant United States Attorney Bradley Bodiford is prosecuting this case.
Phoenix, Arizona Man Sentenced to 32 Months for His Role in an Alabama Phishing ScamRead the Press Release
Montgomery, Alabama- On Wednesday, February 13, 2019, Iosif Florea, 42, of Phoenix, Arizona, was sentenced to 32 months in federal prison for his part in a “phishing” scam that impacted Alabama residents, announced United States Attorney Louis V. Franklin, Sr., Alabama Attorney General Steve Marshall, and FBI Special Agent in Charge James Jewell. Following his two-year and eight month prison sentence, he will be subject to three years of supervised release. He was also ordered to pay $17,786.50 in restitution.
Florea previously pled guilty to charges of bank fraud and aggravated identity theft following his indictment in May of 2018 by a federal grand jury. Phishing scams use email or malicious websites to solicit personal information by posing as a trustworthy organization.
Evidence showed that Florea was involved in a scheme that occurred in March and June of 2015. During that time, text messages were sent to nearly 500,000 people in Alabama. The messages contained a link to a website that claimed to be that of the Alabama State Employees Credit Union (ASECU) and requested the recipients use the link to verify account information. The link actually took the recipients to a fraudulent website where they were prompted to enter sensitive account information, such as their names, debit card numbers, the card’s expiration date, the security code from the back of the card, and their personal identification numbers (PINs). This information was then loaded onto blank cards. During the two-month period, there were videos of Florea in Phoenix, Arizona, Los Angeles, California, and Las Vegas, Nevada, withdrawing money at ATMs using cards with stolen information from approximately 30 different accounts.
“It is important that the public be aware of these types of scams, and immediately report any suspicious account activity to their bank or credit union,” stated United States Attorney Franklin. “When a bank’s fraud department is alerted quickly, they can take actions to limit the losses to their customers and assist law enforcement to identify the thieves. The public should also know that my office will continue to work with our law enforcement partners to protect their identities from these types of schemes.”
“I am pleased that Iosif Florea has been held to account and is being punished for his wrongdoing,” said Attorney General Steve Marshall. “This case is an excellent example of how teamwork among law enforcement agencies is vital to shutting down such scams, and it sends a strong message to cyber criminals who seek to target Alabamians that they will be tracked down and prosecuted. This case also serves as an important reminder that consumers must remain on guard when they receive messages that appear to be from trusted financial institutions. Always communicate directly with any bank or government agency by using verified contact information. Scammers can be very convincing with deceptive solicitations and links to fake web pages. Never respond directly to such texts, emails or phone calls. In this case, the vigilance of consumers and quick action by our investigators and other law enforcement helped to limit the potential for this criminal to inflict greater damage.”
“The criminal element in this country continues to evolve in the ways they divest our citizens of their property and earnings,” SAC Jewell stated. “The FBI pledges our support to our law enforcement partners in this continued fight and will remain committed to assisting in the prosecution of these criminals no matter what their method of theft may be.”
This case was investigated by the Alabama Attorney General’s Office and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S Attorneys Brandon Bates and Denise Simpson.
Final Members of East Alabama Drug Trafficking Organization SentencedRead the Press Release
Montgomery, Alabama – The final three members of a drug trafficking organization based in Lee County were sentenced in federal court last week, announced United States Attorney Louis V. Franklin, Sr., and Acting Assistant Special Agent in Charge Andy Langan with the Drug Enforcement Administration (DEA). Marquis Lanez Miller, Lester Stephen Young, and Worldly Dieago Holstick were sentenced last week, bringing the total number of organization members sentenced in federal court to nineteen.
- Alfred Lorenzo Cole – 37 years old, Santa Rosa, California; 168 months’ imprisonment;
- Sakeya Monique Donaldson, 39 years old, Atlanta, Georgia; 26 months’ imprisonment;
- Leanne Grimmett, 32 years old, Auburn, Alabama; 12 months and a day imprisonment;
- James Lee Hamilton, 41 years old, Santa Rosa, California; 48 months’ imprisonment;
- Jermichael Lamar Hart, 32 years old, Auburn, Alabama; 120 months’ imprisonment;
- Worldly Dieago Holstick – 36 years old, Auburn, Alabama; 420 months’ imprisonment;
- Mackenzie Leigh Keith, 24 years old, Auburn, Alabama; 3 years’ probation;
- Tyesha Lanise Lockhart – 21 years old, Auburn, Alabama; 12 months and a day imprisonment;
- John Willie Maddox, Jr. - 28 years old, Auburn, Alabama; 170 months’ imprisonment;
- Phillip Maddox; 41 years old, Auburn, Alabama; 60 months’ imprisonment;
- James Earl McIntyre, 29 years old, Montgomery, Alabama; 24 months’ imprisonment;
- Marquis Lanez Miller – 37 years old, Auburn, Alabama; 81 months’ imprisonment;
- Tyquavious Roequan Mitchell, 20 years old, Opelika, Alabama; 36 months’ imprisonment;
- Jamarcus Deandre Pettus, 34 years old, Opelika, Alabama; 120 months’ imprisonment;
- Eric Kendall Smith, 26 years old, Opelika, Alabama; 120 months’ imprisonment;
- Timothy Lamar Spinks, 43 years old, Auburn, Alabama; 180 months’ imprisonment;
- Erin Kristen Turner – 24 years old, Auburn, Alabama; 6 months’ imprisonment;
- Lateasha Lashun Williams, 31 years old, Auburn, Alabama; 20 months’ imprisonment; and
- Lester Stephen Young, 35 years old, Auburn, Alabama; 33 months’ imprisonment.
Each of the defendants previously entered guilty pleas to various drug, gun, and money laundering offenses, including four who did so after a jury trial had commenced. According to witnesses who testified during the trial and the sentencing hearings, Worldly Holstick was the leader of the drug trafficking organization which stretched from Alabama and Georgia to California. The investigation began after an 11-year-old child was shot while sitting in a vehicle outside one of Holstick’s residences in the Orchard Way trailer park in Auburn, Alabama on September 16, 2016. During the ensuing investigation, officers seized the DVR system located at the residence, which contained video of the shooting as well as Holstick and other members of the conspiracy possessing cocaine, marijuana, and various firearms.An additional fifteen defendants were prosecuted in state court by the Lee County District Attorney’s Office.
In the mid-1990s, Worldly Holstick’s father, Lester Holstick, along with five of Lester Holstick’s siblings (Anthony, Mack, Betty Jean, Rochester, and Curtis) were convicted in federal court on drug trafficking charges. Lester Holstick was sentenced to 20 years’ imprisonment. Mack Holstick was sentenced to 30 years’ imprisonment.
"These sentencings are the result of the hard work and dedication of multiple agencies and will strike a severe blow to an organization that was bringing dangerous drugs and violence into our communities," said U.S. Attorney Franklin. "Too often, multiple generations participate in the drug trafficking trade and society is left to deal with this vicious cycle. My office will continue to work with all of our law enforcement partners to identify and dismantle these drug trafficking organizations.”
“This was a huge impact investigation for the Auburn and Lee County communities,” stated Acting ASAC Langan. “It shines a spotlight on the great things that are accomplished when Federal, State, and Local Law Enforcement partners work together with their prosecuting counterparts toward a common goal. These sentences should send the message to everyone involved in the illicit drug trade in the State of Alabama that we will bring you to justice and you will be held accountable for your crimes.”
These cases were investigated by the following agencies: DEA – Montgomery Resident Office, Auburn Police Department, Eufaula Police Department, Prattville Police Department, Alabama Attorney General’s Office, Alabama Law Enforcement Agency, Alabama HIDTA Task Force, Alabama National Guard, Autauga County Sheriff’s Office, Central Alabama Drug Task Force (CADTF), Elmore County Sheriff’s Office, Millbrook Police Department, Montgomery County Sheriff’s Office, Montgomery Police Department, Lee County Sheriff’s Office, Lee County District Attorney’s Office, Opelika Police Department, Troy Police Department, and the United States Marshals.
The federal case was prosecuted by Assistant United States Attorneys Kevin Davidson, Josh Wendell, and Curtis Ivy.
Three U.S. Attorneys in Alabama Recognize the Service and Sacrifice of Law EnforcementRead the Press Release
Tuscaloosa, Alabama - U.S. Attorneys Jay E. Town, Louis V. Franklin, Sr., and Richard W. Moore, take time to stop, remember, and recognize all federal, state and local law enforcement officers and pay tribute to their service and sacrifice. Law enforcement has the difficult and dangerous task of making our communities safer, while placing their own lives and well-being at risk.
Sadly, each year many officers make the ultimate sacrifice and give their lives in performance of their duties. In the State of Alabama, three officers have been shot and killed over the past year, with two of those deaths taking place just last month. Mobile Police Officer Sean Paul Tuder, was shot and killed on January 20, 2019 while attempting to serve an arrest warrant. Just a week before, on January 13, 2019, Sergeant Wytasha Carter of the Birmingham Police, was also shot and killed attempting to make an arrest. Last year, Mobile Police Department Officer Justin Billa was killed while assisting in the apprehension of a murderer.
We know that law enforcement is the foundation of a safe community. They work diligently each day to maintain order while risking everything for the greater good. Far too many are killed each year for simply doing their jobs. We must also never forget that it is not only the officers that deserve our respect and support, but their families as well. Officers always have our backs and we should always have theirs, including their loved ones.
“Those willing to commit malicious acts of violence against members of law enforcement would not give a second thought to leveling that same violence against the rest of us,” U.S. Attorney Town said. “An attack on the men and women who wear the badge is an attack on the very foundations of our community and the sanctity of our cities. We should never forget that the line of duty is endowed by sacrifice, selflessness, and courage and we should all take care to honor those whose end of watch came much too soon.”
“A law enforcement officer begins each day uncertain as to whether he or she will be asked to make the ultimate sacrifice to protect his or her community,” stated U.S. Attorney Franklin. “Too often, these daily acts of bravery go unnoticed. It should not take the tragic deaths of our officers for all of us to recognize the selfless sacrifices of law enforcement that take place each and every day.”
“An assault on a police officer is an assault on the rule of law and our democratic principles,” said U.S. Attorney Moore. “The citizens of Alabama have an interest in helping us to get the word out that you do not shoot a police officer. That needs to start at home and in our schools. This has become a national problem that all of us need to address together. The three U.S. Attorneys are committed to doing our part to ‘back the blue.’”
U.S. Department of State, Diplomatic Security Service, San Juan Resident Office Arrests on Passport Fraud Charges an Individual Wanted for Capital Murder in the State of AlabamaRead the Press Release
SAN JUAN, Puerto Rico –United States Magistrate Judge Bruce McGiverin authorized a criminal complaint against an individual purporting to be Stephen Williamson Varner, charging him with willfully and knowingly making false statements in a U.S. Passport Renewal Application.
According to the criminal complaint, on December 7, 2018, this same individual executed in San Juan a U.S. Passport Renewal Application under the Stephen Williamson Varner identity. Due to inconsistencies and fraud indicators in the passport renewal form, including a finding of a death record for a Stephen Williamson Varner, born and deceased at the early age of 22 months in the State of Alabama; the State Department’s Bureau of Consular Affairs referred it on December 31st, 2018 to the Diplomatic Security Service (DSS) for investigation. During the course of the investigation conducted by DSS, with the collaboration of the U.S. Marshals Service, the U.S. Postal Inspection Service and the U.S. Department of Homeland Security, Office of the Inspector General, agents confirmed that the individual purporting to be Stephen Williamson Varner was in fact David Anthony Pike, a fugitive wanted since 1985 in Chambers County, State of Alabama, on capital murder charges (a death penalty eligible offense).
“The Diplomatic Security Service not only has a statutory mandate to investigate passport and visa fraud cases, but is also firmly committed to work with the U.S. Attorney’s Office and other federal, state and local law enforcement agencies to bring fugitives to justice,” said Norman Ramirez-Seda, Resident Agent in Charge of the DSS office in San Juan. “In this case, an individual evading the authorities in Chambers County for over thirty years, moved to Puerto Rico where he committed fraudulent activities against multiple government agencies, including the U.S. Department of State, the U.S. Postal Service and the Federal Emergency Management Agency. My office is already working with the U.S. Marshals Service and Chambers County authorities to have David Anthony Pike eventually removed to the State of Alabama, where he will need to respond to the capital murder charges pressed against him in 1985. I thank our special agents and investigative specialists, as well as the agents and inspectors with our sister federal law enforcement organizations who completed, with exceptional professionalism and dedication, this case in sixteen days.”
“The teamwork between DSS and the federal law enforcement agencies which collaborated in this investigation, led to the arrest of this dangerous fugitive. We commend the work and dedication of all the agents who turned this passport fraud investigation into the capture of someone who had been running from justice for over 30 years,” said U.S. Attorney Rosa E. Rodríguez-Vélez.
The charges and allegations in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty in a court of law.
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