Middle District of Alabama
Press releases recorded for this federal judicial district.
Montgomery Man Sentenced Following Federal Drug and Gun ConvictionsRead the Press Release
Montgomery, Ala. – On Wednesday, July 7, 2021, Ronnie White, 51, from Montgomery, Alabama, was sentenced to 37 months in prison for distribution of cocaine and being a felon in possession of a firearm, announced Acting U.S. Attorney Sandra J. Stewart. Following his prison sentence, White will serve three years of supervised release. There is no parole in the federal system.
According to court records, in 2017 law enforcement began to suspect that White was involved in the distribution of illegal drugs. Agents confirmed that suspicion on August 22, 2017 when they discovered White was buying cocaine from co-defendant and Island Delight Caribbean Restaurant co-owner, Richard Smith, with intention to re-sell to others. Later, on March 9, 2020, the Montgomery Police Department conducted a traffic stop of a vehicle White was driving and found a .40 caliber handgun. White is a convicted felon and is prohibited from possessing firearms or ammunition. White pleaded guilty to illegal distribution of cocaine and possession of a firearm by a convicted felon on October 22, 2020.
Co-defendant Smith was convicted by a federal jury last month of conspiracy to distribute cocaine, possession of cocaine with intent to distribute, possession of a firearm in connection with a drug trafficking crime, and using a cell phone to further a drug trafficking conspiracy. Smith’s sentencing hearing is scheduled for September 29, 2021.
This case was investigated by the Drug Enforcement Administration (DEA) and the Montgomery Police Department, with assistance from the Prattville Police Department, the Alabama Law Enforcement Agency (ALEA), and the Alabama National Guard Counterdrug program. Assistant United States Attorneys Russell T. Duraski and Mark E. Andreu prosecuted the case.
Two Men Sentenced for Robbing Lowndes County BanksRead the Press Release
Montgomery, Alabama – Today, Acting U.S. Attorney Sandra J. Stewart announced that two men were sentenced for their role in robbing two Lowndes County banks. On Thursday, July 1, 2021, Bennie Ray Carpenter, Jr., a 42-year-old man from Town Creek, Alabama, was sentenced to 154 months in prison. Then, on Friday, July 2, 2021, Hunter Lee McPherson, a 21-year old from Greenville, Alabama received a sentence of 130 months. Both men were also ordered to serve three years of supervised release after their prison terms are complete and to pay $9,918.00 in restitution to the banks. There is no parole in the federal system.
According to court records, on February 28, 2020, Carpenter entered the BancorpSouth Bank located in Hayneville, Alabama, wearing black clothing, including a ski mask and ski goggles, and an AK-47 semiautomatic rifle. He approached the counter and demanded money from the teller, who complied and gave him cash from the drawer. Carpenter then left the bank and got into an awaiting vehicle driven by McPherson. They then drove away in great haste. A few days later, on March 2, 2020, Carpenter robbed the First Citizens Bank in Fort Deposit, Alabama, in similar fashion using the same type of firearm, with McPherson again serving as the getaway driver.
Law Enforcement reviewed video surveillance provided by each of the banks and determined the suspects were the same in each of the two bank robberies. They also discovered that stolen vehicles were used in both robberies and burned afterwards.
Carpenter and McPherson were indicted by a federal grand jury on October 27, 2020 for robbing the two banks and for using a firearm in connection with the bank robberies. They pleaded guilty to the three charges in March of this year.
The Federal Bureau of Investigation (FBI), the Lowndes County Sheriff’s Office, the Crenshaw County Sheriff’s Office, the Butler County Sheriff’s Office, and the Greenville Police Department investigated this case. Assistant United States Attorney Brandon Bates prosecuted the case.
Niece of Veteran Pleads Guilty to Stealing Va Benefits Intended for Her UncleRead the Press Release
Montgomery, Ala. – On Wednesday, June 30, 2021, Mende Leone, also known as Shirl Lee Cook, 37, pleaded guilty to misappropriation of a federal benefit by a fiduciary, announced Acting United States Attorney Sandra J. Stewart. Leone resided in Phenix City, Alabama at the time of the crime.
This case involves the fraudulent misapplication by a fiduciary of funds provided by the U.S. Department of Veterans Affairs (VA) intended for the sole benefit of a veteran. The VA’s mission is to provide and care for United States military veterans. Among its many programs, the VA administers a fiduciary program designed to protect certain VA beneficiaries who, as a result of injury, disease, or infirmities of advanced age, or by reason of being less than the age of majority, cannot manage their VA benefits. Under this program, the VA may appoint a relative or some other fiduciary to receive payments of benefits on behalf of the beneficiary for the use and benefit of the veteran.
According to court records, Mende Leone was the niece of a veteran living in Phenix City who was receiving benefits from the VA and was eventually appointed to serve as his fiduciary. In late 2014, the VA notified Leone that a large retroactive payment of benefits would be made on behalf of her uncle. A short time after these payments, the VA received a tip that large transfers had been made from the veteran’s bank account where his funds were being held. When looking into the matter, the VA discovered that from March-May of 2015, Leone wrote several checks from the veteran’s fiduciary account made payable to her mother, Shirley Ann Moreman, who is also the veteran’s sister. Moreman either cashed or deposited the checks into her personal account and then almost immediately withdrew most of the money. Moreman and Leone then used the money for their personal use and not for the benefit of the veteran. The investigation revealed that Leone and Moreman misappropriated at least $151,000.00 of VA benefits intended for the veteran.
Both Leone and Moreman were indicted by a federal grand jury in March 2020 for their roles in the scheme. However, Moreman passed away in February 2021 before her case could be adjudicated. At some date in the coming months, Leone will be scheduled for a sentencing hearing where she faces a maximum sentence of five years in prison, as well as monetary penalties and restitution.
“Stealing benefits from a veteran is a despicable crime,” stated Acting U.S. Attorney Stewart. “Our country owes a debt to all service members for their sacrifice and we must ensure that they are protected from those that would take advantage of them for personal gain. I am grateful that the Department of Veterans Affairs quickly discovered this illegal activity and my office stands ready to use every tool available to investigate and prosecute those that target our most vulnerable citizens.”
“The OIG is committed to prioritizing the protection of vulnerable veterans from unscrupulous fiduciaries that use veterans’ VA benefit payments for personal gain,” stated David Spilker, Special Agent in Charge at the VA Office of Inspector General (VA OIG). “The defendant abused her position of trust as a VA fiduciary to enrich herself and her mother—siphoning taxpayer dollars intended to support a disabled veteran’s needs.”
The U.S. Department of Veterans Affairs Office of Inspector General investigated this case, with assistance from the Russell County Sheriff’s Office and the Russell County Department of Human Resources (DHR) Adult Protective Service. Assistant United States Attorney Stephanie Billingslea and Special Assistant U.S. Attorney Thomas Govan are prosecuting the case.
Montgomery Restaurant Co-Owner Convicted on Federal Drug and Gun ChargesRead the Press Release
Montgomery, Alabama – On Thursday, June 17, 2021, Richard Herbert Smith, 44, from Wetumpka, Alabama, was convicted by a federal jury for conspiracy to distribute cocaine, possession of cocaine with intent to distribute, possession of a firearm in connection with a drug trafficking crime, and using a cell phone to further a drug trafficking conspiracy, announced Acting U.S. Attorney Sandra J. Stewart. The jury found Mr. Smith and his wife, Mellissa Stacy Ann Smith, not guilty on a money laundering conspiracy count contained in the indictment. This was the only charged alleged against Mrs. Smith. Mellissa Smith is listed as the owner of the Island Delight Caribbean Restaurant in Montgomery.
According to court records and evidence presented at trial, in August of 2017, law enforcement was investigating suspected drug trafficking activity in Montgomery, Alabama. They eventually identified an individual named Ronnie White, 51, from Montgomery, as a potential suspect. Using various investigative techniques, they discovered that White was buying cocaine from Richard Smith. On December 17, 2017, officers conducted a traffic stop on a vehicle driven by Richard Smith and found five ounces of cocaine and a firearm. During the trial, the jury heard testimony that White regularly purchased cocaine from Richard Smith and, on the date of the traffic stop, he was expecting to buy between five and nine ounces. Other testimony stated that Richard Smith often carries a firearm during these transactions and that he would occasionally conduct the illegal drug sales while wearing his Air Force Reserve uniform.
Ronnie White previously pleaded guilty to distribution of a controlled substance and possession of a firearm by a convicted felon. White’s sentencing hearing is scheduled for July 7, 2021 and he faces a sentence of up to 20 years in prison. Following his convictions, Richard Smith faces a maximum sentence of 25 years.
This case was investigated by the Drug Enforcement Administration (DEA) and the Montgomery Police Department, with assistance from the Prattville Police Department, the Alabama Law Enforcement Agency (ALEA), and the Alabama National Guard Counterdrug program. Assistant United States Attorneys Russell T. Duraski and Mark E. Andreu prosecuted the case.
Enterprise Man Sentenced to 37 Months in Prison for Being A Felon in Possession of A FirearmRead the Press Release
Montgomery, Alabama – On Tuesday, June 8, 2021, Alexander Russaw, Jr., a 40-year-old man from Enterprise, Alabama, was sentenced to 37 months in prison for being a felon in possession of a firearm. In addition to his prison sentence, Russaw was ordered to serve three years of supervised release. There is no parole in the federal system.
According to court records, on April 24, 2020, the Enterprise Police Department observed a vehicle sitting on the side of the road at the intersection of Rucker Boulevard and Boll Weevil Circle. The car was located in some hedges on the roadside and when officers stopped to see if anyone needed assistance, they found Russaw asleep in the driver’s seat. When they woke Russaw, he seemed disoriented. While speaking with him, officers noticed an open container with baggies of a white powdery substance that they suspected to be cocaine in plain view. Officers then detained Russaw to investigate further and, during a pat down search, found a .380 caliber handgun in his pants pocket. Russaw has multiple felony convictions and is prohibited from possessing a firearm. When officers conducted a full search of the container, additional suspected controlled substances were found.
Russaw was indicted by a federal grand jury for being a felon in possession of a firearm on October 27, 2020. He pleaded guilty to that charge on March 3, 2021.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Enterprise Police Department investigated this case. Assistant United States Attorney Alice S. LaCour prosecuted the case.
Dothan Man Sentenced to Five Years in Prison for Being A Felon in Possession of A FirearmRead the Press Release
Montgomery, Alabama – On Thursday, June 3, 2021, Trajazman L. Farmer, a 31-year-old man from Dothan, Alabama, was sentenced to 60 months in prison for being a felon in possession of a firearm. In addition to his prison sentence, Farmer was ordered to serve three years of supervised release. There is no parole in the federal system.
According to court records, on July 11, 2019, the Dothan Police Department executed a search warrant at Farmer’s residence after receiving information from two of his children that he was selling drugs out of the home. During the search, officers discovered a .44 Special caliber revolver, a 9mm semiautomatic rifle, an Anderson Manufacturing, model AM-15, MULTI caliber semiautomatic rifle, and a 7.62x39 caliber semiautomatic rifle. Farmer has previous felony convictions and is prohibited from possessing firearms. During the sentencing hearing, it was revealed that the AM-15 was a stolen weapon.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Dothan Police Department investigated this case. Assistant United States Attorney Megan Kirkpatrick prosecuted the case.
Wetumpka Woman Sentenced to Prison for Embezzling Money from A Doctor’s Office and Falsifying Her Tax ReturnsRead the Press Release
Montgomery, Alabama – On Wednesday, May 19, 2021, Stephanie Hafley, also known as Stephanie A. Rooney, 53, from Wetumpka, Alabama, was sentenced to 22 months in prison for embezzling nearly $400,000.00 from her employer and failing to pay taxes, announced Acting U.S. Attorney Sandra J. Stewart. In addition to her prison sentence, Hafley was ordered to serve three years of supervised release and to pay $393,134.02 restitution to the victim, and $108,610.00 to the United States Internal Revenue Service (IRS). There is no parole in the federal system.
According to court records and statements made in open court, from at least 2012 through 2016, Hafley was the office manager of Medical Care Associates (MCA) in Prattville, Alabama where she was in charge of handling the company’s finances. These duties included paying the office’s bills, making bank deposits of revenue generated by MCA, making entries to the general ledger, preparing the business payroll ledger and making the payment of employment taxes to the Alabama Department of Revenue and the IRS. In 2015, another individual associated with MCA noticed suspicious activity in some of the office’s financial statements. The Federal Bureau of Investigation (FBI) and the IRS began to investigate and soon developed Hafley as a potential suspect. The investigation ultimately revealed that Hafley wrote checks from MCA’s bank account and deposited them into her personal account. She also wrote checks to cash from one of MCA’s accounts and used MCA funds from another bank to pay her personal credit card debt. Unsurprisingly, Hafley did not report any of this stolen income on her federal income tax returns. Over a four-year period, records indicate that Hafley embezzled approximately $393,000.00 from MCA. Hafley’s failure to report the stolen income resulted in an aggregate tax loss of over $100,000.00.
Based on the information gathered during the investigation, Hafley was charged on November 1, 2019 with two counts of bank larceny and one count of including false information on a federal tax return. An individual is guilty of bank larceny if it is proven he or she stole money or property that was in the care, custody, or control of a bank insured by the Federal Deposit Insurance Corporation (FDIC). Hafley pleaded guilty to the charges on May 26, 2020. During the plea hearing, she admitted to stealing MCA funds that were being held in accounts at two separate banks.
The Federal Bureau of Investigation (FBI) and the IRS’s Criminal Investigations Division (IRS-CI) investigated this case. Assistant United States Attorney Brett Talley prosecuted the case.
Montgomery Banker Pleads Guilty to Disclosing Existence of Grand Jury SubpoenaRead the Press Release
Montgomery, Ala. – On Thursday, May 13, 2021, Charles Gregory Hardy, Jr., 37, of Montgomery, Alabama, appeared in federal court and pleaded guilty to one count of obstructing a criminal investigation as an officer of a financial institution, announced Acting United States Attorney Sandra J. Stewart.
According to court documents, during the spring of 2020, Hardy was an employee of Valley National Bank. In April of that year, the bank received a grand jury subpoena from the Drug Enforcement Administration (DEA) seeking records pertaining to the accounts of one of the bank’s customers.
Grand jury subpoenas are confidential documents and bank employees are, in most cases, prohibited by federal law from disclosing a subpoena’s existence to the customer whose records are being sought.
As a bank employee, Hardy learned about the subpoena. Afterwards, Hardy sent a text message to the customer named in the subpoena that read, “I got a subpoena for your financial records.” A few days later, Hardy went to the customer’s office and, while there, sent a photo of a part of the grand jury subpoena from his personal telephone to the customer. By sending the subpoena to the customer, Hardy informed the customer of the existence of an otherwise confidential federal grand jury investigation.
At some date in the coming months, Hardy will be scheduled for a sentencing hearing where he faces a maximum sentence of one year in prison, as well as monetary penalties.
“Every day, across the country, law enforcement agents and prosecutors rely on bank employees to maintain the utmost discretion when dealing with grand jury subpoenas for financial records,” stated Acting United States Attorney Stewart. “Such financial records can provide valuable evidence of criminal activity. However, disclosure—like that which occurred here—can cause targets to destroy evidence or, even worse, threaten witnesses I hope that this case is a reminder of the duty of secrecy that is placed on all bank employees who receive grand jury subpoenas.”
“This investigation has shown the unfortunate reality that people in all professional positions can become involved in criminal activity,” stated DEA Assistant Special Agent in Charge Towanda Thorne-James. “People who commit such crimes will be held accountable.”
The DEA’s Tactical Diversion Squad investigated this case, with assistance from the Shelby County, Alabama Sheriff’s Office. Assistant United States Attorneys Jonathan S. Ross and Alice S. LaCour are prosecuting the case.
Four Men Receive Lengthy Federal Prison Sentences for Trafficking Drugs in Southeast AlabamaRead the Press Release
MONTGOMERY, ALABAMA – Over the past several months, four men were sentenced to prison for drug trafficking in Houston County, announced Acting United States Attorney Sandra J. Stewart. The most recent sentencing occurred this week.
On May 11, 2021, the final co-defendant in the case, 36-year-old Muta Bolden from Dothan, Alabama, was sentenced to 130 months in prison. Bolden was also ordered to serve five years of supervised release after he completes his term of imprisonment. There is no parole in the federal system.
Bolden’s three co-defendants were previously sentenced for their roles in the crime. They include:
- Alberto Diaz, 44, from Rio Grande, Texas, sentenced to 130 months’ imprisonment, to be followed by five years’ supervised release;
- Jesus Pina, Jr., 40, from San Juan, Texas, sentenced to 108 months’ imprisonment, to be followed by five years’ supervised release; and,
- Kenneth Nicholas De La Cerda, 27, from Rio Grande, Texas, sentenced to 60 months in prison to be followed by three years’ supervised release.
According to court records, this case began in February 2019 when the Drug Enforcement Administration (DEA) and Dothan Police Department received information that a shipment of cocaine was being brought into Houston County. Based on the tip, law enforcement observed Bolden meet up with Diaz and De La Cerda in Ashford, Alabama. Following a conversation among the three, they all departed separately. Diaz and De La Cerda eventually traveled to the Flying J Truck Stop in Dothan and led an 18-wheeler being driven by Pina to another location. Eventually, Bolden joined Diaz and De La Cerda at the truck and approximately 25 kilograms of cocaine was retrieved from the trailer Pina was hauling. A short time later, all four were apprehended. Each of the four were sentenced after pleading guilty to conspiracy to distribute cocaine in Houston County.
Federal guidelines called for significant sentences for Diaz, Pina, and Bolden due to their extensive criminal histories and the quantity of illegal drugs that were attributed to each of them.
These cases were investigated by the Drug Enforcement Administration (DEA) and the Dothan Police Department. Assistant United States Attorneys Brandon Bates and Joshua Wendell prosecuted the cases.
Acting U.S. Attorney Sandra J. Stewart Recognizes Law Enforcement During Police WeekRead the Press Release
MONTGOMERY, ALABAMA— In honor of National Police Week, Acting U.S. Attorney Sandra J. Stewart for the Middle District of Alabama recognizes the service and sacrifice of federal, state, local, and Tribal law enforcement, particularly the officers who lost their lives in the line of duty in 2020. This year, the week is observed Sunday, May 9 through Saturday, May 15, 2021.
“This week is a time to honor our law enforcement officers who have made the ultimate sacrifice in service to our nation,” said Attorney General Garland. “I am constantly inspired by the extraordinary courage and dedication with which members of law enforcement act each day, putting their lives on the line to make our communities safer. To members of law enforcement and your families: we know that not a single day, nor a single week, is enough to recognize your service and sacrifice. On behalf of the entire Department of Justice, you have our unwavering support and eternal gratitude.”
“The men and women that serve in law enforcement play a critical role in the safety and prosperity of our nation,” stated Acting U.S. Attorney Stewart. “Day after day they watch over our communities and confront crime and violence where it happens, placing their own lives at risk in the process. Last year, too many officers were killed in the line of duty while protecting and serving others, including one officer here in the Middle District. The memory and legacy of Assistant Chief Gail S. Green-Gilliam from the Phenix City Police Department will never be forgotten. We take time this week to honor and recognize those we have lost and thank those that continue to serve. I encourage all citizens to do just that, not only this week, but each week to come.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty, and commitment to keeping our communities safe. This year the COVID-19 pandemic has highlighted law enforcement officers’ courage and unwavering devotion to the communities that they have sworn to serve.
During the Roll Call of Heroes, a ceremony coordinated by the Fraternal Order of Police (FOP), more than 300 officers will be honored. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), of the law enforcement officers who died nationwide in the line of duty in 2020, nearly 60 percent succumbed to COVID-19. Here in the Middle District, one officer died in the line of duty.
Additionally, according to statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 46 law enforcement officers died as a result of felonious acts and 47 died in accidents in 2020. LEOKA statistics can be found on FBI’s Crime Data Explorer website.
The names of the 394 fallen officers who have been added in 2020 to the wall at the National Law Enforcement Officer Memorial will be read on Thursday, May 13, 2021, during a Virtual Candlelight Vigil, which will be livestreamed to the public at 8:00 pm EDT. The Police Week in-person public events, originally scheduled for May, have been rescheduled due to ongoing COVID-19 concerns to October 13-17, 2021. An in-person Candlelight Vigil event is scheduled for October 14, 2021.
Those who wish to view the Virtual Candlelight Vigil on May 13, 2021, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/user/TheNLEOMF. The FOP’s Roll Call of Heroes can be viewed at www.fop.net. To view the schedule of virtual Police Week events in May, please view NLEOMF’s Police Week Flyer.
To learn more about National Police Week in-person events scheduled for October, please visit www.policeweek.org.
Montgomery Woman Charged with Covid-19 Loan FraudRead the Press Release
MONTGOMERY, ALABAMA – On April 26, 2021, Zsa Zsa Bouvier Couch, 52, from Montgomery, Alabama, was arrested on criminal charges related to federal small business loan fraud, announced Acting U.S. Attorney Sandra J. Stewart. Couch made her initial appearance in federal court yesterday, April 27, 2021.
The fraud allegations relate to aid received through the Coronavirus Aid Relief and Economic Security (CARES) Act, a federal law enacted in March 2020 to provide emergency financial assistance to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act is the Paycheck Protection Program, or PPP, which authorizes the disbursement of forgivable loans to small businesses for job retention and certain other expenses.
According to the indictment returned by a Middle District of Alabama Grand Jury, Couch is alleged to have submitted at least six fraudulent applications for loans under the U.S. Small Business Administration’s PPP program seeking over $1.6 million in funds. In each of the applications, Couch falsely inflated the number of employees who worked for her purported businesses as well as the average monthly payroll for the businesses, which resulted in her ability to qualify for larger PPP loan amounts. Couch is also alleged to have made other false statements in her application, such as failing to disclose that she had applied for multiple PPP loans for the same business and failed to disclose her common ownership of multiple businesses. In support of the inflated employee numbers and average monthly payroll claimed in the applications, Couch allegedly submitted falsified tax documents. As a result, Couch received an inflated amount of funds from PPP loans to which she was not entitled. Ultimately, Couch received a total of $609,687.47 of PPP funds. It is alleged that Couch then used the funds to pay money to herself, her husband, and other family members and to purchase luxury vehicles.
Couch is charged with multiple counts of bank fraud, making false statements to a federally insured bank, and money laundering. If convicted, Couch faces a maximum of 30 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The Federal Bureau of Investigation, the U.S. Internal Revenue Service- Criminal Investigations, the Small Business Administration Office of Inspector General, and the Treasury Inspector General for Tax Administration, investigated this case. Assistant U.S. Attorneys Alice LaCour and Jonathan Ross are prosecuting the case.
For information about the Department of Justice’s efforts to stop illegal COVID-19-related activity, visit www.justice.gov/coronavirus. For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and WHO websites.
The public is urged to report suspected fraud schemes related to COVID-19 (the Coronavirus) to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721).
Dothan Pharmacist Sentenced to 87 Months in Prison Following Drug Distribution ConvictionRead the Press Release
MONTGOMERY, ALABAMA – On April 27, 2021, Richard Allen Strickland, a 55-year-old resident of Hartford, Alabama, was sentenced to 87 months in prison for illegal drug distribution, announced Acting U.S. Attorney Sandra J. Stewart. In addition to his prison sentence, Strickland was ordered to serve three years of supervised release. There is no parole in the federal system.
According to court records, Strickland, a licensed pharmacist, owned and operated Allen’s Pharmacy in Dothan, Alabama. In November of 2019, the Dothan Police Department Narcotics Division received an anonymous tip regarding someone selling prescription medications without a prescription to individuals from the pharmacy. Further investigation by Dothan PD and the Drug Enforcement Administration (DEA) indicated that Strickland was selling Schedule II controlled substances, including oxycodone and hydrocodone, without a prescription. On July 14, 2020, Strickland was indicted by a federal grand jury for the illegal distribution of a controlled substance. Strickland pleaded to the charge on January 21, 2021. As part of his plea agreement, Strickland specifically admitted that on July 3, 2020, he sold 14 hydrocodone pills to an individual without a prescription in exchange for cash.
“Diverting legitimate drugs for illegal purposes feeds the addiction cycle that is gripping our nation and places lives in danger,” stated Acting U.S. Attorney Stewart. “Medical professionals need to understand that they are not exempt from criminal laws that prohibit the illegal distribution of controlled substances. My office will continue to work with our law enforcement partners to investigate and prosecute drug dealers, no matter where they may operate or what title they may have.”
This case was investigated by the Dothan Police Department, the Drug Enforcement Administration (DEA), and the U.S. Department of Health and Human Services Office of Inspector General. Assistant U.S. Attorneys Alice Shih LaCour and Jonathan S. Ross prosecuted the case.
Three Defendants Plead Guilty in Virtual Education Fraud CaseRead the Press Release
Montgomery, Alabama – On Thursday, April 8, 2021, three defendants pleaded guilty to conspiring to defraud the Alabama State Department of Education (ASDE) by falsely inflating the number of students enrolled in public virtual schools, announced the United States Attorney’s Office for the Middle District of Alabama.
The defendants who pleaded guilty are: (1) Thomas Michael Sisk, 55, of Toney, Alabama and formerly the superintendent of LCS; (2) Gregory Earl Corkren, 56, of Tuscaloosa, Alabama; and (3) David Webb Tutt, 61, of Uniontown, Alabama.
The indictment charges that the superintendents of the Athens City Schools district (ACS) and the Limestone County Schools district (LCS) conspired to fraudulently include in public virtual schools students who were in reality full-time students of private schools located in other parts of the state. As a result of reporting these fraudulently enrolled students, districts received payments from Alabama’s Education Trust Fund as if the students actually attended public schools. The various defendants then received, for their own personal use, portions of the state money. The defendants skimmed the state money through direct cash payments and through payments to third-party contractors owned by the various co-conspirators.
To obtain private school student information for use in the scheme, the defendants offered various benefits to private schools, most of which were located in Alabama’s Black Belt region. Those benefits included: laptop computers, access to online curriculum, standardized testing, and monetary payments. The students whose identities were used in the scheme had little to no connection to the public school districts. Those students continued to attend brick-and-mortar private schools each day; they continued to participate in private school athletics; and their parents continued to pay tuition to the private schools.
During his plea hearing, Sisk admitted that, in 2016, his co-defendant, William L. “Trey” Holladay, III, then the superintendent of neighboring ACS, suggested that Sisk could obtain more students for his virtual school by contracting with a company owned by Holladay’s friend, Corkren. Sisk admitted that he and Holladay were trying to add students to their enrollments to offset local tax revenue that was being lost to neighboring school districts. Sisk testified that when Holladay referred him to Corkren, Holladay suggested to him that Corkren would also be willing to make payments to Sisk personally. According to Sisk, he then contracted with Corkren and Corkren provided private school student information to be used to falsely enroll the students in the Limestone County Virtual School. These students remained falsely enrolled during the 2016-2017 school year. Throughout the year, Holladay assisted Sisk in making sure that the scheme went undetected. Additionally, Sisk admitted that he directed Corkren to pay approximately $13,000.00 to a charity with which he was affiliated. That money eventually found its way to Sisk, and Sisk used it for personal expenses including trips to New Orleans and Denver.
Corkren admitted in his guilty plea that in around 2016, he agreed with Trey Holladay to form a company and then serve as an intermediary between ACS and the various private schools. Corkren acknowledged providing computers, checks, and other benefits to the private schools in exchange for student information. He also stated that, at the direction of Trey Holladay, he prepared false documents regarding the private school students’ performances in virtual courses. The documents were false in that they showed that the students were completing virtual courses when in fact the students were not doing so and were instead taking traditional courses. Trey Holladay then submitted these false documents to the ASDE. For his work, Corkren explained that he received per-student payments from ACS and the other public school districts. Corkren then gave cash payments to Trey Holladay and co-defendant William Richard “Rick” Carter. Corkren described meeting Carter in Troy, Alabama on one occasion in June of 2017 and giving Carter cash on that day. Corkren’s plea agreement states that Corkren personally received in excess of $500,000.00 from the scheme. Additionally, over the course of the conspiracy, he paid Trey Holladay approximately $90,000.00 in cash and he paid Rick Carter approximately $21,000.00 in cash.
During his plea hearing, Tutt stated that, in 2017, Trey Holladay invited him to participate in the conspiracy by recruiting additional private schools to provide student information. Tutt agreed to do so. Tutt testified that he received monthly payments from Corkren’s company in the amount of $33,000.00. At the direction of Trey Holladay, he paid half of each payment, or $16,500.00, to a company owned by Trey Holladay’s wife, co-defendant Deborah Irby Holladay. Tutt did not know what work Deborah Holladay was doing for this money.
At some upcoming date, the defendants will be sentenced. Each of the three defendants listed above pleaded guilty to conspiring to commit offenses against the United States and, as a result, faces a maximum five-year sentence. Additionally, Corkren pleaded guilty to aggravated identity theft and could receive an additional two-year sentence for that offense.
The remaining individuals—Trey Holladay, Deborah Holladay, and Rick Carter—are scheduled for a trial beginning on September 13, 2021 in Montgomery. An indictment merely alleges that a crime has been committed. These remaining defendants are presumed innocent until proven guilty beyond a reasonable doubt.
This case was investigated by the Federal Bureau of Investigation and the United States Department of Education’s Office of Inspector General. The Alabama Attorney General’s Office also assisted in the investigation. Assistant United States Attorneys Jonathan S. Ross, Alice S. LaCour, and Brett J. Talley are prosecuting the case.
Southeast Alabama Community Action Partnership, Inc. Agrees to Pay $30,000 and Implement Compliance Improvements to Resolve Claims it Failed to Return Community Service Grant Funds to the United StatesRead the Press Release
MONTGOMERY & PHILADELPHIA – Acting United States Attorneys Sandra J. Stewart and Jennifer Arbittier Williams jointly announced that Southeast Alabama Community Action Partnership, Inc. (“SEACAP”) has agreed to pay $30,000 and to implement enhanced compliance measures to resolve claims arising from SEACAP’s administration of community service grants funded through AmeriCorps (formerly the Corporation for National and Community Service).
For years, SEACAP has administered multiple grants in AmeriCorps’ Senior Corps program. These grants included the Foster Grandparent Program, which places seniors in school and community settings to serve youth with exceptional needs. Like other federal grant recipients, SEACAP is subject to various administrative requirements, including an annual audit by an outside accountant.
The settlement resolves claims that SEACAP improperly retained federal funds even after being told by its outside accountant that it needed to return those funds to the United States. After SEACAP received a Civil Investigative Demand for information relating to its grant administration, it actively cooperated with the United States’ investigation, including by producing detailed financial and administrative documentation. The United States reached an ability-to-pay agreement with SEACAP to repay what it could without using federal funds and to significantly enhance its compliance efforts.
“Each day, the Southeast Alabama Community Action Partnership supports impoverished Alabamans, helping families to find food, obtain school supplies, and meet unexpected utility and other costs. The federal government relies on its non-profit partners to help ensure that federal grant funds are being used to assist their communities,” said Acting U.S. Attorney Stewart. “Today’s settlement is a reminder that everyone receiving federal grant funds must adhere to grant compliance conditions and return funds to the government to help others when those conditions require them to do so.”
“Every federal grantee, including community service organizations, is required to honestly and openly account for federal funds. This obligation is at the heart of the relationship between the United States and federal grantees,” said Acting U.S. Attorney Williams. “Federal grantees are obliged to return funds to the United States if they determine that they have not been spent properly or fully drawn down. Strict compliance with grant requirements ensures that federal funds reach those who need them most.”
“SEACAP learned from its accountants that the organization owed money to CNCS (now known as AmeriCorps), but neither returned the money nor informed CNCS of the debt. Wrongfully retaining those funds prevented another organization from using them to meet the needs of its community,” said Deborah J, Jeffrey, Inspector General of AmeriCorps. “We intend SEACAP’s new integrity measures to strengthen the organization and ensure that this never happens again, and we appreciate the work of our partners at the U.S. Attorney’s Offices in the Eastern District of Pennsylvania and Middle District of Alabama for holding SEACAP accountable and ensuring the integrity of this AmeriCorps program.”
Acting United States Attorneys Stewart and Williams also praised SEACAP’s agreement to enhance its compliance program: “We commend Southeast Alabama Community Action Partnership, Inc. for taking the serious steps necessary to make sure this issue never recurs. We hope the compliance measures it has undertaken will be a model for other grantees looking to meet their responsibilities to the United States.”
This investigation was conducted jointly by the United States Attorney’s Offices for the Eastern District of Pennsylvania and Middle District of Alabama with the AmeriCorps Office of Inspector General. Assistant United States Attorneys Paul W. Kaufman and Bryan C. Hughes of the Eastern District of Pennsylvania and Stephen Wadsworth of the Middle District of Alabama handled the investigation and settlement. This case was initiated as a part of the U.S. Attorney’s Office for the Eastern District of Pennsylvania’s Affirmative Civil Enforcement Strike Force focus on grant fraud.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
JENNIFER CRANDALL
Media Contact
215-861-8300
UNITED STATES ATTORNEY’S OFFICE
EASTERN DISTRICT OF PENNSYLVANIA
Suite 1250, 615 Chestnut Street
Philadelphia, PA 19106DOUGLAS HOWARD
Media Contact
334-551-1706
UNITED STATES ATTORNEY’S OFFICE
MIDDLE DISTRICT OF ALABAMA
131 Clayton Street
Montgomery, AL 36104Texas Man Pleads Guilty to Conspiring with a Montgomery Doctor to Illegally Sell Prescription DrugsRead the Press Release
Montgomery, Alabama – On Tuesday, March 30, 2021, Deandre Varnel Gross, 36, of Converse, Texas, appeared in federal court and pleaded guilty to conspiring to unlawfully distribute oxycodone, announced Acting United States Attorney Sandra J. Stewart.
According to court documents, Gross conspired with Dr. D’livro Lemat Beauchamp, a Montgomery physician, to unlawfully distribute oxycodone, a Schedule II opioid controlled substance. Specifically, Gross and Beauchamp agreed that Gross would pay Beauchamp for writing prescriptions for medications containing oxycodone, despite there being no medical reason to do so. Pursuant to the arrangement, Beauchamp, who was practicing at Obelisk Healthcare at the time, wrote monthly prescriptions for 90 tablets containing 30-milligrams of oxycodone hydrochloride. After receiving the prescriptions, Gross would get them filled at a Montgomery-area pharmacy and sell the pills to others. Gross would then pay Beauchamp a portion of the money he received from selling the illegally obtained drugs.
During his plea hearing, Gross also admitted that he recruited others to participate in the above-described scheme. Gross would consult with Beauchamp and then direct other individuals to make appointments to see the doctor to get oxycodone prescriptions. The individuals recruited by Gross would get their prescriptions filled, give the pills to Gross or another individual acting at Gross’s direction, and receive payment for his or her services. Gross, or another individual acting at his direction, would then sell the illegally prescribed drugs. Additionally, the plea agreement revealed that after an individual recruited by Gross had an initial appointment with Beauchamp, he or she did not continue to see the physician each month. Instead, Beauchamp would give the prescriptions to Gross, who would pass them along to the individuals to take to pharmacies to be filled. After obtaining pills from a pharmacy, a participant in the scheme would then give the pills to Gross or another individual acting at Gross’s direction.
During the sentencing hearing, Gross acknowledged that this scheme operated from as early as 2014 through early 2020.
Gross’s sentencing hearing will occur on July 1, 2021. At that hearing, Gross faces a sentence of up to 20 years in prison and substantial financial penalties. Beauchamp pleaded guilty to conspiring to unlawfully distribute oxycodone in October of 2020. His sentencing hearing is scheduled for June 25, 2021.
This case was investigated by the Drug Enforcement Administration’s Tactical Diversion Squad. The Shelby County Sheriff’s Office, the Montgomery Police Department, and the Alabama Board of Medical Examiners, and the United States Department of Health and Human Services – Office of Inspector General assisted in the investigation. Assistant United States Attorneys Jonathan S. Ross and Alice S. LaCour are prosecuting the case.
Ariton Man Sentenced to 157 Months in Prison Following Federal Firearms ConvictionsRead the Press Release
Montgomery, Alabama – On March 30, 2021, Marcus Antonio Grubbs, a 37-year-old man from Ariton, Alabama, was sentenced to 157 months in prison for possession of stolen firearms and possessing firearms in connection with a drug trafficking crime, announced Acting United States Attorney Sandra J. Stewart.
According to court records, the charges stem from two encounters Grubbs had with law enforcement in Dale and Barbour Counties. The first encounter occurred in September of 2015 when law enforcement was investigating numerous burglaries in the area and made contact with Grubbs. After searching his residence, at that time located in Dale County, agents discovered that Grubbs was in possession of approximately 25 guns, 24 of which were found to have been stolen. Grubbs has previous felony convictions and is prohibited by federal law from possessing firearms.
Later, in September of 2019, law enforcement executed another search warrant on Grubbs’ residence, then in Barbour County, and found more guns. In addition to the firearms, agents also seized a variety of illegal drugs, including approximately 70 grams of crack cocaine and 567 grams of methamphetamine.
Grubbs was indicted by a federal grand jury in February of 2020, and on September 29, 2020, he pleaded guilty to possession of stolen firearms and possession of a firearm in furtherance of a drug crime. In addition to his 13-year prison sentence, Grubbs was also ordered to serve three years of supervised release after his term is complete. There is no parole in the federal system.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Alabama Law Enforcement Agency (ALEA), the Barbour County Sheriff’s Office, the Dale County Sheriff’s Office, the Henry County Sheriff’s Office, the Houston County Sheriff’s Office, the Dothan Police Department, the Enterprise Police Department, and the Opp Police Department investigated this case, with assistance from the United States Marshals Service. Assistant United States Attorney Brandon Bates prosecuted the case.
Montgomery Man Sentenced to 75 Months in Prison after Drugs Found in 5-Year-Old Girl’s Book BagRead the Press Release
Montgomery, Alabama – On Friday, February 23, 2021, Tawasaki Leonorda Williams, a 35-year-old from Montgomery, Alabama, was sentenced to 75 months in prison for possession of a controlled substance with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime, announced Acting U.S. Attorney Sandra J. Stewart. In addition to his prison sentence, Williams was ordered to serve three years of supervised release. There is no parole in the federal system. The sentence comes after Williams pleaded guilty to the charges in November of 2020.
According to court documents, on February 21, 2020, officers with the Montgomery Police Department stopped a vehicle being driven by Williams after they observed him commit a traffic infraction. Once Williams was stopped, he was removed from the vehicle along with a 5-year-old girl who was sitting in the back seat. During the stop, a K9 unit conducted a free-air search around the vehicle and gave a positive alert, indicating narcotics were present in the car. Officers searched the vehicle and located a .45 caliber pistol under the driver’s seat and a substantial quantity of drugs, including powder cocaine and numerous hydrocodone pills. The cocaine, pills and approximately $2,400.00 in cash were found in the little girl’s book bag, which had been sitting next to her on the seat. During a pat down of Williams, methamphetamine was found in his pocket.
When an arrest warrant resulting from these charges was being executed on Williams at his home in July of 2020, he was slow to respond to officers knocking and announcing their presence. While officers were at the door, they could hear the sound of flushing or running water inside the home. When law enforcement entered to make the arrest, they found more guns and drugs. Multiple children were also present in the home. Williams has multiple previous felony convictions and is prohibited from possessing a firearm.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Montgomery Police Department investigated this case, with assistance from the United States Marshals Service. Assistant United States Attorney Brandon Bates prosecuted the case.
U.S. Attorney for the Middle District of Alabama Announces RetirementRead the Press Release
Montgomery, Alabama – Today, United States Attorney Louis V. Franklin, Sr. retired after three decades of public service. Franklin joined the U.S. Attorney’s Office for the Middle District of Alabama in 1990 as an Assistant United States Attorney. Over the years that followed, he rose from a line AUSA to hold a number of leadership positions, including head of the office’s major drug trafficking task force, criminal chief, and acting U.S. Attorney, culminating with his nomination and confirmation in 2017 to serve as the first African-American United States Attorney in the district.
During his time at the U.S. Attorney’s Office, Franklin personally prosecuted hundreds of criminal cases, from large-scale drug trafficking operations to high-profile public corruption cases. Franklin led the prosecution team that brought former Alabama Governor Don Siegelman and HealthSouth CEO Richard Scrushy to justice for their involvement in a wide-ranging bribery scheme.
“It has been an absolute privilege to spend my career in this office, serving the people of the Middle District and working alongside so many talented attorneys and staff,” said Franklin. “I know I am leaving the office in good hands, and I will forever be grateful for the opportunity to serve in my hometown and make our communities safer for the people of Alabama.”
Final Member of Crew that Robbed a Lanett, Alabama Bank Sentenced to PrisonRead the Press Release
Montgomery, Alabama – On Wednesday, February 24, 2021, Lamartrez Oshun Story, a 24-year-old from Lafayette, Alabama, was sentenced to 42 months in prison for his role in robbing a Lanett, Alabama bank, announced U.S. Attorney Louis V. Franklin, Sr. In addition to his prison sentence, Story was ordered to serve three years of supervised release. There is no parole in the federal system.
Two of Lamartrez Story’s co-conspirators, both from Lanett, Alabama, were sentenced late last year. In December of 2020, Jacobie Phillips, 27, received a 27-month sentence and Cordero Jakevion Story, 24, received an 84-month sentence in prison.
Lamartrez Story was found guilty of bank robbery after a two-day trial that took place in November of 2020. Evidence during the trial revealed that, in July of 2018, Lamartrez Story participated in the robbery of a Lanett, Alabama bank as the getaway driver. The jury heard testimony that Lamartrez’s cousin, Cordero Story, decided to rob a bank and he solicited Lamartrez and a friend, Jacobie Phillips, to assist. Lamartrez Story drove Cordero Story and Phillips to the Farmers & Merchants Bank in a red Mustang on July 24, 2018. When they arrived, Cordero Story went into the bank, jumped over the counter, threatened the teller with a gun, and demanded money. Phillips’ role was to enter the bank with bricks and put them just inside the bank door to prevent he and Cordero Story from being trapped inside. Lamartrez Story waited in the car. After grabbing $2,257.00 from the teller’s money drawer, Cordero Story and Phillips ran out of the bank, returned to the vehicle where Lamartrez Story was waiting, and they all sped away. While on the road, Cordero Story and Phillips began throwing some of the clothing they had worn, including gloves and masks, out of the car window. A short time later, a Chambers County Drug Task Force officer spotted the red Mustang and initiated a stop. Upon searching the vehicle, officers discovered a black and silver revolver, the money from the bank, and a green piece of paper with the bank teller’s login information. Law enforcement also recovered the clothing items that had previously been thrown out of the vehicle. The money stolen from the bank was returned.
The Federal Bureau of Investigation (FBI), the Lanett Police Department, the Chambers County Drug Task Force, the Auburn Police Division, and the Alabama Law Enforcement Agency (ALEA) investigated this case. Assistant United States Attorneys Megan Kirkpatrick and Stephanie Billingslea prosecuted the case.
Convicted Felon from Montgomery Sentenced for Possessing a Modified AK Style PistolRead the Press Release
Montgomery, Alabama – On Tuesday, February 23, 2021, Legestin Richards, a 27-year-old man from Montgomery, Alabama, was sentenced to 136 months in prison for being a felon in possession of a firearm and possessing an illegally modified handgun, announced U.S. Attorney Louis V. Franklin, Sr. In addition to his prison sentence, Richards was ordered to serve three years of supervised release. There is no parole in the federal system. The sentence comes after a trial back in October of 2020 when a jury found Richards guilty of the two charges.
Evidence presented at Richards’ trial showed that, on March 2, 2018, the Montgomery Police Department executed a search warrant at his residence. Officers told the jury that during the search they found a variety of illegal drugs, including marijuana and oxycodone, and three handguns. Officers also testified about finding various drug paraphernalia, including digital scales used to measure drugs for sale. Among the firearms found at Richards’ residence, was an Inter Ordinance Inc., model M214 Nano, 7.62 caliber handgun. This “AK” style pistol had a vertical foregrip installed. This type of modification requires that it be registered in the National Firearms Registration and Transfer Record. However, Richards, who has previous felony convictions and is prohibited from possessing a firearm, had not done so. After hearing the evidence presented at trial, the jury found Richards guilty of being a felon in possession of a firearm and possessing a modified and unregistered handgun.
During his sentencing hearing, the Government presented evidence concerning Richards’ involvement with the Black Disciples, a street-gang based in Chicago, as well as evidence that Richards was illegally selling guns.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Montgomery Police Department investigated this case, with assistance from the United States Marshals Service, the Drug Enforcement Administration, the Alabama Department of Forensic Sciences, and the Montgomery County Sheriff’s Office. Assistant United States Attorneys Kevin Davidson and Mark Andreu prosecuted the case.
Two Former Alabama Public School Superintendents Among Six Charged with Fraud Related to Virtual EducationRead the Press Release
Montgomery, Alabama – On Tuesday, February 23, 2021, six individuals appeared in court after being indicted on charges related to the fraudulent enrollment of students in Alabama virtual schools, announced United States Attorney Louis V. Franklin, Sr., FBI Special Agent in Charge Johnnie Sharp, Jr., and Acting Special Agent in Charge Kori Smith of the U.S. Department of Education’s Office of Inspector General.
The defendants named in the indictment are: (1) Dr. William L. (“Trey”) Holladay, III, 56, a resident of Athens, Alabama and the former superintendent of the Athens City Schools district; (2) Deborah Irby Holladay, 57, of Athens and formerly employed by the Athens City Schools district; (3) William Richard (“Rick”) Carter, Jr., 45, also of Athens, currently the executive director of planning for Athens City Schools and formerly the district’s director of innovative programs; (4) David Webb Tutt, 61, of Uniontown, Alabama; (5) Gregory (“Greg”) Earl Corkren, 56, of Tuscaloosa, Alabama; and (6) Thomas Michael Sisk, 55, a resident of Toney, Alabama and formerly the superintendent of the Limestone County School district.
The indictment alleges that the defendants conspired to fraudulently enroll students in public virtual schools and then falsely report those students to the Alabama State Department of Education. As a result of this, districts received payments from Alabama’s Education Trust Fund as if the students actually attended public schools. The various defendants then received, for their own personal use, portions of the state money. The defendants skimmed the state money through direct cash payments and payments to third-party contractors owned by the various co-conspirators.
According to the indictment, the defendants obtained student identities to use in their scheme from various private schools located across the state—particularly private schools in the Black Belt region of Alabama. The defendants offered the private schools various inducements—including computers, direct payments, and access to online curriculum—to persuade them to share their students’ academic records and personal identifying information with the public school districts. During the school years that the scheme allegedly occurred—the 2016-2017 and 2017-2018 school years—the private school students and parents had little to no connection with the public school districts in which they were supposedly enrolled. The private school parents continued to pay tuition to the private schools. The students continued to attend the brick-and-mortar private schools each day, they received instruction from employees of the private schools, and, after class, some played sports for their private schools. All the while, the state reimbursed the Athens City Schools district and the Limestone County Schools district for the cost of supposedly educating these private school students.
The indictment further alleges that the defendants went to various lengths to conceal the fraud from the state. Such lengths included: creating fake report cards, manufacturing false addresses for the students of the private schools who lived outside of Alabama, and submitting falsified course completion reports to the state department of education.
All six of the defendants are charged with conspiring to commit mail and wire fraud. The indictment also contains substantive wire fraud charges against Trey Holladay, Deborah Holladay, and Carter. Additionally, Trey Holladay, Carter, and Corkren are charged with aggravated identity theft.
If convicted of the conspiracy charge, each defendant faces a maximum sentence of five years’ imprisonment, as well as substantial monetary penalties and restitution. Any defendant convicted of wire or mail fraud faces a maximum sentence of 20 years’ imprisonment, as well as substantial monetary penalties and restitution. Additionally, any defendant convicted of aggravated identity theft could receive a mandatory consecutive two-year sentence on each count.
An indictment merely alleges that crimes have been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
“The money Alabama sets aside for public education should be used for exactly that—educating the students of our public schools,” stated United States Attorney Franklin. “The defendants in this case prioritized their own profits over the education needs of our students. In doing so, they stole children and parents’ identities and bribed administrators of private schools. I hope that this indictment serves as a warning for others who might try to line their pockets with public funds.”
“Public corruption remains the FBI’s top criminal priority because public officials must be trusted to do their jobs with honesty and integrity,” stated FBI Special Agent in Charge Johnnie Sharp, Jr. “The citizens of Alabama should rest assured that the FBI will continue to work with our law enforcement partners to investigate corruption at every level and hold accountable those officials who violate the public’s trust and use their position for profit or gain.”
“These so-called educators have been charged for preying on the schools that placed them in positions of trust to educate students and the students they promised to serve. That is completely unacceptable,” said Kori Smith, Acting Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Southeastern Regional Office. “As the office responsible for identifying fraud, abuse, and other criminal activity involving U.S. Department of Education funds and programs, ensuring that those who abuse these funds or game the system for their own selfish purposes are stopped and held accountable for their criminal actions is a big part of our mission.”
“Integrity and trust are characteristics of Alabama teachers and administrators. When I was hired as your State Superintendent, I committed to improving education in our state which includes working closely with our local, state, and federal partners to ensure fiscal responsibility and accountability, so every crucial dollar is spent on educating our students,” said Alabama State Superintendent Dr. Eric Mackey. “Funds allocated for education should be spent to educate our public school students. However, over the course of several years, the individuals named in the indictment betrayed the trust of not only our citizens but our students, parents, and other teachers and administrators who continue to work diligently every day. We will continue to hold high standards at every level – from local schools to the state – with the expectation that every public school dollar will be spent to support our children.”
“Public officials and employees are obligated to perform their duties and administer funds with integrity and according to requirements of the law,” said Alabama Attorney General Marshall. “As Attorney General, I am committed to stand together with our partners in law enforcement to ensure that allegations of wrongdoing are investigated, and that appropriate action is taken.”
This case was investigated by the Federal Bureau of Investigation and the United States Department of Education’s Office of Inspector General. The Alabama Attorney General’s Office also assisted in the investigation. Assistant United States Attorneys Jonathan S. Ross, Alice S. LaCour, and Brett J. Talley are prosecuting the case.
St. Louis Man Sentenced to 151 Months in Prison for Robbing Multiple Banks Throughout SoutheastRead the Press Release
Montgomery, Alabama – On Tuesday, February 2, 2021, Monte Clayton Lynch, a 50-year-old from St. Louis, Missouri, was sentenced to 151 months in prison after pleading guilty to multiple bank robberies in Alabama, Missouri, Tennessee, and Georgia, announced United States Attorney Louis V. Franklin, Sr. Lynch was also ordered to serve three years of supervised release after he completes his prison sentence and will be required to pay $18,474.00 in restitution to all of the banks involved. There is no parole in the federal system.
According to court records and statements made in open court, on August 12, 2019, Lynch walked into the First Community Bank in Prattville, Alabama and handed the teller a note demanding “all” the money. The teller complied, and Lynch left with approximately $5,400.00. Lynch was then seen walking to an adjacent business, getting into a black F-150 and driving off. The Prattville Police Department and the FBI began investigating. After releasing information about the robbery to the public, including the surveillance footage, law enforcement received a tip identifying Lynch as the person depicted in the video and providing his location at a residence in Montgomery. Investigators went to that address and saw a truck that matched the F-150 that was used by Lynch to get away. Law enforcement confirmed that Lynch was staying there temporarily and ran some background checks on him. They found booking photos and social media photos that matched the bank robbery footage.
Further investigation developed Lynch as a suspect in multiple bank robberies across the southeast that had been committed within a few weeks of the Prattville crime. After his arrest for the Prattville robbery, he confessed to that crime as well as a bank robbery in St. Louis, Missouri on July 26, 2019, one in Nashville, Tennessee on August 1, 2019, one in Birmingham, Alabama on August 3, 2019, and two in the Atlanta, Georgia area on August 6, 2019. All of the cases were transferred to the Middle District of Alabama and Lynch entered guilty pleas in each of them.
The Federal Bureau of Investigation (FBI) and the Prattville Police Department investigated this case. Assistant United States Attorney Brandon W. Bates prosecuted the case.
Montgomery Man Sentenced to 30 Months in Prison for Robbing Credit UnionRead the Press Release
Montgomery, Alabama – On Monday, February 1, 2021, Bryan Dennard, a 36-year-old from Montgomery, Alabama, was sentenced to 30 months in prison after pleading guilty to bank robbery, announced United States Attorney Louis V. Franklin, Sr. Dennard was also ordered to serve three years of supervised release after he completes his prison sentence. There is no parole in the federal system. Dennard has a pending forfeiture order against him for the stolen bank proceeds.
According to court records and statements made in open court, on June 16, 2020, Dennard walked into the Guardian Credit Union on Taylor Road in Montgomery, Alabama, and handed the teller a backpack and a note. The note demanded that the teller place money in the bag and further warned, “You don’t want to see me when I get angry.” The teller put money in the bag totaling $3,675.55, and handed it back to him. Dennard then exited the credit union, got into a waiting car, and sped away. The Montgomery Police Department (MPD) put out a “be on the lookout” bulletin with Dennard’s picture taken from surveillance video from the credit union. Later, MPD officers responded to a call of a person being shot. When they arrived on the scene, officers recognized the shooting victim as Dennard, who stated he had been robbed and was shot in the leg. Dennard was transported to the hospital to treat his injuries. Ultimately, Dennard was charged with bank robbery and admitted he had robbed the credit union. Dennard also stated that the money stolen from him during the shooting was the proceeds from the bank robbery.
On July 14, 2020, a federal grand jury indicted Dennard and his driver for bank robbery. Dennard pleaded guilty to the charge on October 6, 2020. The driver’s charge is still pending.
The Federal Bureau of Investigation (FBI) and the Montgomery Police Department investigated this case. Assistant United States Attorney Russell T. Duraski prosecuted the case.
Convicted Felon from Tuskegee Sentenced to 36 Months in Prison for Possessing an AK Pistol Loaded with Rifle RoundsRead the Press Release
Montgomery, Alabama – On Thursday, January 21, 2021, Brian Bernard Burton, a 36-year-old from Tuskegee, Alabama, was sentenced to 36 months in prison after pleading guilty to a federal firearms charge, announced United States Attorney Louis V. Franklin, Sr. Burton was also ordered to serve three years of supervised release after he completes his prison sentence. There is no parole in the federal system.
According to court records and statements made in open court, in June of 2019, a Lee County deputy was on patrol and spotted a vehicle with an expired tag. After initiating a traffic stop, deputies quickly discovered that the driver, Brian Burton, had outstanding warrants for his arrest. When Burton was placed into custody, deputies inventoried the vehicle and found a black backpack behind the driver’s seat that contained a Century Arms AK pistol. A high-capacity magazine was attached to the firearm containing 20 rounds, with one round in the chamber. The rounds were 7.62x39mm caliber, also known as “rifle” rounds that are capable of piercing the soft body armor commonly worn by law enforcement. Burton has a previous felony conviction for attempted murder and is prohibited from possessing firearms. The Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) was notified and began to investigate the case for federal charges.
On January 15, 2020, Burton was indicted by a federal grand jury for being a felon in possession of a firearm and a warrant for his arrest was issued. In June of 2020, the U.S. Marshals Service Gulf Coast Regional Fugitive Task Force suspected that Burton was located at a residence in Auburn. When they arrived at the house, agents discovered that Burton was hiding in the attic and had to cut the ceiling open to retrieve him. Burton pleaded guilty to the firearms charge on August 14, 2020.
The Lee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case, with assistance from the U.S. Marshals Service. Assistant United States Attorneys Megan A. Kirkpatrick and Russell Duraski prosecuted the case.
Two Men Sentenced for Robbing Lanett, Alabama BankRead the Press Release
Montgomery, Alabama – This week, two men were sentenced for their roles in robbing a Lanett, Alabama bank, announced U.S. Attorney Louis V. Franklin, Sr. On Tuesday, December 15, 2020, Cordero Jakevion Story, 24, was sentenced to 84 months in prison, and on Monday, December 14, 2020, Jacobie Phillips, 27, received a 27-month sentence. There is no parole in the federal system.
Court records show that Story pleaded guilty to conspiracy to commit armed bank robbery, armed bank robbery, and brandishing a firearm in furtherance of a federal crime of violence in August of 2019. That same month, Jacobie Phillips pleaded guilty to conspiracy to commit bank robbery and bank robbery. Both men are from Lanett, Alabama. A third member of their crew, Lamartrez Oshun Story, a 24-year-old from Lafayette, Alabama, was found guilty of bank robbery after a two-day trial that concluded on November 5, 2020. He will be sentenced early next year. The money stolen from the bank has been returned.
During Lamartrez Story’s trial, evidence revealed that in July of 2018, Cordero Story decided to rob a bank and he solicited two others, his friend Jacobie Phillips and his cousin Lamartrez Story, to assist. On July 24, 2018, Lamartrez Story drove Cordero Story and Phillips to the Farmers & Merchants Bank in Lanett, Alabama in a red Mustang. When they arrived, Cordero Story put on gloves and covered his face with a bandana before getting out of the vehicle. Phillips got out of the car immediately after with bricks in hand while Lamartrez Story waited in the car. Cordero Story then ran into the bank and, a few seconds later, Phillips followed and put the bricks he was carrying just inside the bank door to prevent it from trapping the two robbers inside. While in the bank, Cordero Story jumped over the counter, threatened the teller with a gun, and demanded money. The teller pointed to the drawer and Cordero Story took all the cash out of the drawer. After grabbing all the money, totaling $2,257.00, Cordero Story and Phillips ran out of the bank, returned to the vehicle where Lamartrez Story was waiting, and they all sped away. While driving away, Cordero Story and Phillips began throwing some of the clothing they had worn, including gloves and masks, out of the car window. A short time later, a Chambers County Drug Task Force officer spotted the red Mustang and initiated a stop. Upon searching the vehicle, officers discovered a black and silver revolver, the money from the bank, and a green piece of paper with the bank teller’s login information. Law enforcement also recovered the clothing items that had previously been thrown out of the vehicle.
The Federal Bureau of Investigation (FBI), the Lanett Police Department, the Chambers County Drug Task Force, the Auburn Police Division, and the Alabama Law Enforcement Agency (ALEA) investigated this case. Assistant United States Attorneys Megan Kirkpatrick and Stephanie Billingslea are prosecuting the case.
Coffee County Man Sentenced to 63 Months for Possessing an Explosive DeviceRead the Press Release
Montgomery, Alabama – On Tuesday, December 15, 2020, Mitchell Byron Doster, a 44-year-old resident of Jack, Alabama, was sentenced to 63 months in prison for possession of an explosive device, announced United States Attorney Louis V. Franklin, Sr. In addition to his prison sentence, Doster was ordered to serve three years of supervised release. There is no parole in the federal system.
This case began in early 2019 when detectives from the Dale County and Barbour County Sheriff’s Offices were investigating a homicide. Investigators developed Doster as a possible suspect in the crime and eventually charged him with murder. On March 18, 2019, based on information obtained during the investigation, deputies retrieved a backpack and a duffel bag from a residence that they believed contained evidence in their murder case. When investigators searched the duffel bag, they discovered an improvised explosive device built from a modified training grenade that had been wrapped with metal shrapnel secured in place with tape. Local investigators requested assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to analyze the device. The ATF lab discovered a fingerprint on the tape used to make the bomb belonging to Bobby Wayne Williams, who was an acquaintance of Doster.
Both men were charged with possessing the explosive device and later pleaded guilty. Williams, who was also charged with being a felon in possession of a handgun from a previous encounter, was sentenced in May of this year to 63 months in prison. A final resolution of Doster’s state charges are pending.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Barbour County Sheriff’s Office, and the Dale County Sheriff’s Office, with assistance from the Montgomery County Sheriff’s Office. Assistant United States Attorney Russell Duraski prosecuted the case.
Justice Department Files Lawsuit Against the State of Alabama for Unconstitutional Conditions in State's Prisons for MenRead the Press Release
Today, the Justice Department filed suit against the State of Alabama and the Alabama Department of Corrections. The complaint alleges that the conditions at Alabama’s prisons for men violate the Constitution because Alabama fails to provide adequate protection from prisoner-on-prisoner violence and prisoner-on-prisoner sexual abuse, fails to provide safe and sanitary conditions, and subjects prisoners to excessive force at the hands of prison staff.
“The United States Constitution requires Alabama to make sure that its prisons are safe and humane,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The Department of Justice conducted a thorough investigation of Alabama’s prisons for men and determined that Alabama violated and is continuing to violate the Constitution because its prisons are riddled with prisoner-on-prisoner and guard-on-prisoner violence. The violations have led to homicides, rapes, and serious injuries. The Department of Justice looks forward to proving its case in an Alabama federal courtroom.”
“Our office is committed to ensuring that all citizens’ constitutional rights are respected” said Acting U.S. Attorney for the Northern District of Alabama William R. Chambers Jr. “We will continue to work tirelessly to correct the constitutional deficiencies identified by our investigation into the state prison system.”
“The results of the investigation into safety and excessive force issues within Alabama’s prisons are distressing and continue to require real and immediate attention,” said U.S. Attorney for the Middle District of Alabama Louis V. Franklin Sr. “We hope the filing of this complaint conveys the department’s continued commitment to ensuring that the Department of Corrections abides by its constitutional obligations.”
“The COVID-19 pandemic has reminded us that one of the primary responsibilities of government is to keep our citizens safe,” said U.S. Attorney for the Southern District of Alabama Richard W. Moore. “That responsibility extends to citizens incarcerated within Alabama prisons. Our investigation has demonstrated that constitutionally required standards have not been met in Alabama prisons and this must be corrected. I am disappointed that the efforts of both Alabama officials and Department of Justice officials to find appropriate solutions have not resulted in a mutually agreed upon resolution. Our oath as public officials now requires us to follow the Constitution and to pursue justice in the courts.”
The lawsuit is the result of a multi-year investigation into allegations of constitutional violations within Alabama’s prisons for men conducted by the department’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama. As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided the state with written notice of the supporting facts for these alleged conditions, and the minimum remedial measures necessary to address them in Notice Reports issued on April 2, 2019 and July 23, 2020. CRIPA authorizes the department to act when it has reasonable cause to believe there is a pattern or practice of deprivation of constitutional rights of individuals confined to correctional facilities operated by or on behalf of state or local government. For over 20 months the department has engaged in negotiations with the state without achieving a settlement that would correct the deficiencies identified by the department’s investigation.
Today’s lawsuit seeks injunctive relief to address deficient conditions identified by the department’s investigation. The complaint contains allegations of unconstitutional conditions of confinement, which must be proven in federal court. The lawsuit does not seek monetary damages.
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.
Auto-Parts Manufacturing Company Sentenced in Worker Death CaseRead the Press Release
JOON LLC, d/b/a AJIN USA (Ajin), an auto-parts manufacturing company, was sentenced in federal court today in Montgomery, Alabama, after pleading guilty to a charge related to the death of a machinery operator.
Regina Elsea, who was 20 years old, worked at Ajin’s Cusseta, Alabama, facility. On June 18, 2016, she entered an enclosure — called a “cell” — containing several robots and other pieces of machinery. While she was inside the cell, troubleshooting a sensor fault, one of the machines started up and Elsea was struck by a robotic arm. She died of her injuries.
The Occupational Safety and Health Act (OSH Act) requires employers to develop and utilize procedures to de-energize machinery during maintenance and servicing activities to prevent the kind of unplanned startup that killed Elsea. These procedures are often referred to as “lockout/tagout.” Ajin knew these procedures were required and had developed them, but Ajin also knew that — over a period of at least two years — supervisors did not effectively enforce them.
In the 15 minutes prior to Elsea’s fatal injury — in the presence of their supervisors — workers entered cells to troubleshoot machinery without following lockout/tagout no less than five times, and the supervisors did not take any action to stop or reprimand them. In two other instances, the supervisors themselves entered a cell without following lockout/tagout. At the time of Elsea’s fatal injury, several individuals were inside the cell, none of whom had followed lockout/tagout procedures to de-energize the machinery within the cell.
Ajin pleaded guilty to a willful violation of the OSH Act standard requiring the use of lockout/tagout procedures. U.S. Magistrate Judge Stephen Michael Doyle sentenced Ajin to pay a $500,000 fine — the statutory maximum — $1,000,000 in restitution to Elsea’s estate, and a three-year term of probation, during which Ajin must comply with a safety compliance plan, overseen by a third-party auditor. Among other things, the safety compliance plan requires a full review of Ajin’s lockout/tagout procedures, weekly inspections to ensure compliance, and creation of a mechanism for employees to report any safety concerns about the facility anonymously.
“Regina’s tragic death was preventable,” said Principal Deputy Assistant Attorney General Jonathan D. Brightbill of the Justice Department’s Environment and Natural Resources Division. “OSH Act standards exist to protect American workers, but employers must actually implement them. When safety policies exist only on paper, tragedies like this occur. Ajin knew its supervisors and managers were turning a blind eye to the company’s safety procedures. Now, Ajin must take responsibility for its conduct. It will implement the safety compliance plan, and work to make its facility safer for its employees. Employers should be aware that they must follow workplace safety laws.”
“Every worker expects to return home safely at the end of his or her shift,” said U.S. Attorney Louis V. Franklin Sr. of the Middle District of Alabama. “The OSH Act was passed to ensure that workers could trust that their employers create and maintain a safe work environment. While most companies abide by the OSH Act, the unfortunate reality is that some of them do not. Ajin failed to comply with the OSH Act and, as a direct result of their failure, Regina Elsea did not return home safely at the end of her shift. Her death was preventable and Ajin’s failure to keep her out of harm’s way is inexcusable. I hope this prosecution sends a message to companies that people are their most valuable resource and complying with the OSH Act is a must in protecting its employees.”
“Employers are responsible for worker safety and health, and the failure in this situation was tragic,” said Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health Loren Sweatt. “Well-known safety procedures were repeatedly ignored that could have prevented this tragedy. While nothing can ever replace the loss of life, the court has sent a clear message that such disregard for worker safety is unacceptable.”
The case was prosecuted by Assistant U.S. Attorney Stephanie Billingslea and former Assistant U.S. Attorney Ben M. Baxley of the Middle District of Alabama and Trial Attorney Erica H. Pencak of the Environment and Natural Resources Division’s Environmental Crimes Section. The case was investigated by the U.S. Department of Labor Office of Investigations.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Montgomery Man Sentenced to 205 Months in Federal Prison for His Role in Committing Multiple Armed RobberiesRead the Press Release
Montgomery, Alabama— On October 30, 2020, DeGregory Deon Lee, 24, a resident of Montgomery, Alabama, was sentenced to 205 months in federal prison for his role in committing multiple armed robberies and violating federal firearms laws, announced U.S. Attorney Louis V. Franklin, Sr. and FBI Special Agent in Charge James Jewell. Following his 17-year prison sentence, Lee will be on supervised release for three years. There is no parole in the federal system. He was also ordered to pay $6,957.00 in restitution to the victims.
According to the July 2019 indictment, Lee’s crime spree took place from October 24, 2016 until October 31, 2016, and included the robberies of the ten Montgomery businesses listed below:
- Hyundai Market Store on Woodmere Boulevard, October 24, 2016;
- Midori Sushi Bar on Woodmere Boulevard, October 24, 2016;
- Alabama Hotel on Monticello Drive, October 25, 2016;
- King Garden Restaurant on Atlanta Highway, October 26, 2016;
- San Marcos Restaurant on North Burbank Drive, October 26, 2016;
- China King Restaurant on Zelda Road, October 30, 2016;
- Tai Ji Acupressure store on Minnie Brown Road, October 30, 2016; and
- Satsuki Japanese Restaurant on Atlanta Highway, October 30, 2016;
- New China Restaurant on Harrison Road, October 31, 2016;
- El Campesino 2 Restaurant on the North Eastern Boulevard, October 31, 2016.
Lee pleaded guilty in November 2019 to taking part in the string of armed robberies that occurred with co-defendant, Diamond Markayla Mathis, 24, also from Montgomery. However, evidence indicates that Mathis only participated in six of those crimes, with Lee committing the other four without her. Mathis was sentenced in February 2020 to eleven years in prison for her participation in the robberies.
A firearm was used during each of the robberies and the judge noted the extremely violent nature of the crimes, which included Lee pointing a gun at his victims and Mathis spraying one victim with pepper spray and striking another.
“Our communities continue to be plagued by violent crime,” stated U.S. Attorney Franklin. “The victims of these robberies were simply carrying out their daily activities and working to provide for their families when Lee and his co-defendant injected fear and terror into their lives. Everyone has a right to feel safe, whether at home or at work. This sentence was justified because of Lee’s disregard for the safety and wellbeing of his victims and I hope that it sends a clear message that violence has serious consequences.”
“This type of reckless behavior cannot be tolerated in our communities,” stated Special Agent in Charge Jewell. “The harshness of the court imposed sentence should sound the warning to those who are considering putting the lives of citizens in danger to further their criminal lifestyle.”
The Federal Bureau of Investigation and the Montgomery Police Department investigated this case. Assistant United States Attorney Russ Duraski prosecuted the case.
Deatsville Man Sentenced for Possession of Child PornographyRead the Press Release
Montgomery, Alabama – On Wednesday, October 28, 2020, Hunter Lavon Brown, a 26-year-old from Deatsville, Alabama, was sentenced to 78 months in prison for possession of child pornography, announced United States Attorney Louis V. Franklin, Sr. and FBI Special Agent in Charges James Jewell. In addition to his six and a half year prison sentence, Brown was ordered to serve five years of supervised release. There is no parole in the federal system.
The investigation began on January 10, 2019, when the National Center for Missing and Exploited Children (NCMEC) received a cyber-tip from Google that there was possible child pornography materials being uploaded to a Google Photos account. This information was forwarded to the FBI who identified Brown’s address as being involved in the uploads. Agents also discovered that the Google account was registered to Brown with an email address associated with him. Then, on August 22, 2019, agents executed a search warrant at Brown’s residence and seized a number of electronic devices. During the search, Brown admitted to the agents that they would find child pornography images on the devices being taken. The FBI reviewed the materials they found and identified suspected child pornography images, which was later confirmed by NCMEC. Further forensic analysis of the electronic devices revealed that Brown knowingly searched and downloaded child pornography, which he admitted when he pleaded guilty to the charges. He also admitted that some of the child porn images contained beastiality. During the sentencing hearing, the judge expressed concern that Brown had previously been exchanging text messages with minor children and actually arranged to meet with a 17-year-old girl before backing out.
“Child pornography is a despicable crime,” stated U.S. Attorney Franklin. “Defendants like Brown participate in an industry that targets and exploits innocent children. Crimes like these inflict lasting harm on victims. My office will continue to work with law enforcement to protect our children and bring to justice those that harm the young.”
“The FBI will continue to devote resources to these cases and appreciates the partnership with the National Center for Missing and Exploited Children,” said Special Agent in Charge Jewell. “The prison sentence imposed by the court will help safeguard the children of our communities.”
The Federal Bureau of Investigation (FBI) investigated this case, with assistance from the National Center for Missing and Exploited Children (NCMEC). Assistant United States Attorney Russell Duraski prosecuted the case.
Montgomery Physician Pleads Guilty to Drug Distribution OffenseRead the Press Release
Montgomery, Alabama – On Tuesday, October 20, 2020, Dr. D’livro Lemat Beauchamp, 54, of Montgomery, Alabama, appeared in federal court and pleaded guilty to one count of conspiring to unlawfully distribute oxycodone, announced United States Attorney Louis V. Franklin, Sr.
According to court documents, Beauchamp conspired with others to unlawfully distribute oxycodone, a Schedule II opioid controlled substance. Beauchamp distributed this oxycodone by issuing prescriptions for the drug while practicing medicine at a Montgomery medical practice, Obelisk Healthcare. The prescriptions Beauchamp issued to his co-conspirators were for no legitimate medical purposes and were not issued in the course of normal medical practice. Beauchamp’s co-conspirators paid him $350 for each one of these unnecessary and illegitimate oxycodone prescriptions.
Beauchamp’s sentencing hearing will be scheduled in the next few months and he is facing up to 20 years in prison. He also faces substantial monetary penalties.
“Physicians like Dr. Beauchamp are a main cause for the persistence of the opioid epidemic in our community,” stated United States Attorney Franklin. “At a time when medical professionals are in such great need, it is disheartening to see a physician betray his Hippocratic Oath just to make a few extra bucks. I am proud that my office is holding Dr. Beauchamp accountable for the harm that he undoubtedly caused through his drug dealing. We will continue to prosecute cases like this one until all medical professionals recognize that powerful drugs like the ones at issue here should be used to make people better—not to give them an addiction.”
This case was investigated by the Drug Enforcement Administration’s Tactical Diversion Squad and the United States Department of Health and Human Services Office of Inspector General. The Shelby County Sheriff’s Office, the Montgomery Police Department, and the Alabama Board of Medical Examiners assisted in the investigation. Assistant United States Attorneys Jonathan S. Ross, Alice S. LaCour, and Thomas R. Govan are prosecuting the case.
Montgomery Doctor Sentenced to 15 Years Following Drug Distribution, Health Care Fraud, and Money Laundering ConvictionsRead the Press Release
Montgomery, Alabama – On Friday, October 16, 2020, a former Montgomery, Alabama physician, Richard A. Stehl, 60, received a 15-year prison sentence, announced United States Attorney Louis V. Franklin, Sr., DEA Assistant Special Agent in Charge Sean Stephen, HHS-OIG Special Agent in Charge Derrick L. Jackson, and Alabama State Board of Medical Examiners Executive Director William Perkins. The sentence follows Stehl’s December 2019 conviction on 94 counts of unlawfully distributing controlled substances, 2 counts of health care fraud, and 5 counts of money laundering.
The trial evidence showed that, from 2010 through 2018, Stehl operated a medical practice, Healthcare on Demand. For most of that time, the practice was located at 201 Winton M. Blount Loop in Montgomery—just off of Taylor Road. At his practice, Stehl prescribed addictive controlled substances—including hydrocodone cough syrup, Adderall, Xanax, Klonopin, Valium, and Ativan—despite knowing no legitimate medical purposes existed to support these prescriptions.
During the trial, the jury heard from ten of Stehl’s former patients. Each patient received multiple controlled substances prescriptions from Stehl. Several of the patients either developed addictions while seeing Stehl or had existing addictions worsened as a result of the supposed medical treatment Stehl provided. One patient stated that she would wait four hours to see Stehl and, by the time she made it to the examination room, she would demand that Stehl give her a prescription and let her leave—which he would then do. Another described driving in excess of four hours to see Stehl because she knew that Stehl would give her the drugs that she wanted. A third patient stated that Stehl gave her routine steroid injections—even though she reported to Stehl that she was allergic to steroids. After receiving several injections from Stehl, this patient wound up in the hospital.
At the sentencing hearing, United States District Judge Terry F. Moorer emphasized the harm that Stehl inflicted upon his patients, the fact that he prioritized profit over patient care, and Stehl’s complete lack of remorse as grounds for imposing the 15-year sentence.
“The criminal conduct that occurred under the guise of Stehl’s medical practice was appalling,” stated United States Attorney Franklin. “Stehl caused his patients to become addicted to powerful controlled substances all in the name of profit. In doing so, he inflicted immeasurable harm in the lives of his patients and his patients’ loved ones. The significant sentence imposed in this case reflects a just reward for Stehl’s drug dealing.”
“Stehl was the kingpin of taking advantage of vulnerable victims and prescribing them unnecessary prescriptions,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Now, like others who steal from government health programs, he is paying a heavy price for his crimes. Along with our law enforcement partners, we will continue to root out individuals who continually steal health care monies by taking advantage of patients and not giving them the care entrusted by a doctor.”
“Dr. Stehl’s substantial sentence reflects the tremendous harm that physicians can cause when they violate their oath to help others,” said William Perkins, Executive Director of the Alabama State Board of Medical Examiners. “The Board remains committed to doing its part along with state and federal authorities to stop the overprescribing of controlled substances.”
The Drug Enforcement Agency and Health and Human Services-Office of the Inspector General investigated this case. They were aided by the Internal Revenue Service-Criminal Investigation Division. Additionally, the Alabama Law Enforcement Agency, the Millbrook Police Department, the Opelika Police Department, the Montgomery Police Department, the Alabama Board of Medical Examiners, and the United States Marshals Service all assisted in the investigation. Assistant United States Attorneys Jonathan S. Ross, Alice LaCour, and Megan Kirkpatrick prosecuted the case.
Three Members of Houston County Drug Trafficking Organization Receive Lengthy Federal Prison SentencesRead the Press Release
Montgomery, Alabama – Over the past several months, three members of a drug trafficking organization operating in Houston County were sentenced to prison, announced United States Attorney Louis V. Franklin, Sr. and FBI Special Agent in Charge James Jewell. The most recent sentencing occurred this week.
On February 12, 2020, Rudyver Garcia, a 33 year old from Sandy Springs, Georgia, was sentenced to 300 months’ imprisonment, to be followed by five years’ supervised release for conspiracy to distribute methamphetamine and heroin, and for conspiracy to commit money laundering. Later, on May 27, 2020, Kevin Steven Whitely, a 33 year old from Madera, California, was sentenced to 70 months’ imprisonment, to be followed by five years’ supervised release for conspiracy to distribute methamphetamine and heroin. Finally, on October 14, 2020, Johnny Jose Martinez, a 29 year old from Madera, California, was sentenced to 151 months in prison after pleading guilty to conspiracy to distribute methamphetamine. Martinez was also ordered to serve five years of supervised release after he completes his term of imprisonment. There is no parole in the federal system.
This case began in July 2015 when the FBI began to monitor a suspected drug organization operating in Houston County that was responsible for obtaining wholesale amounts of methamphetamine and heroin for distribution in the local communities. Using a variety of investigative techniques, agents learned that Rudyver Garcia led the organization and that he utilized his co-conspirators, Martinez and Whitely, to assist with matters such as handling smaller transactions with buyers and transportation. According to the indictment, the drug conspiracy continued until sometime in January 2018. It is difficult to know precisely how much methamphetamine and heroin the organization was responsible for distributing during its operation. However, at Garcia’s sentencing hearing, at least five kilograms of methamphetamine and one kilogram of heroin were attributed to the organization.
The federal guidelines called for a significant sentence for Garcia in this case due to a number of factors, including the offense level of the drug charges, Garcia’s prior criminal history, and his leadership role in the drug trafficking organization. In addition, his sentence was enhanced because of the purity of the methamphetamine that he and his co-defendants were distributing. Lab reports indicate that much of the methamphetamine tested was 96 percent pure. This more potent form of methamphetamine is often called “ice” and resulted in a substantial enhancement being applied to Garcia’s sentence.
“Despite what some may believe, drug trafficking is not a victimless crime,” stated U.S. Attorney Franklin. “Not only do the drugs themselves create and feed addiction and destroy lives, but the violent behavior that inevitably accompanies the drug trade also devastates communities. Far too many innocent people are terrorized because of the actions of criminals like Garcia, Whitely, and Martinez, who have a long history in the criminal justice system. These men are dangerous and I believe the sentences imposed in each of their cases were justified. My office will continue to work with our law enforcement partners to identify drug traffickers and bring them to justice.”
“The court imposed sentences in this case should sound the alarm to those who choose to sell this poison in our communities,” stated Special Agent in Charge Jewell. “Methamphetamine continues to wreck lives all over this country and the efforts put forward by the FBI and our state, local, and federal partners in this case is nothing short of exceptional."
These cases were investigated by the Federal Bureau of Investigation (FBI), the Alabama Law Enforcement Agency (ALEA), the Houston County Sheriff’s Office, and the Dothan Police Department, with assistance from the Drug Enforcement Administration (DEA) and the United States Marshals Service. Assistant United States Attorneys Brandon Bates, Kevin Davidson, and Brett Talley, along with former Assistant U.S. Attorney Curtis Ivy, prosecuted the cases.
DOJ Charges More Than 14,200 Defendants with Firearms-Related Crimes in Fy20Read the Press Release
Montgomery, Alabama – Today, the Department of Justice announced it has charged more than 14,200 defendants with firearms-related crimes during Fiscal Year (FY) 2020, despite the challenges of COVID 19 and its impact on the criminal justice process. These cases have been a Department priority since November 2019 when Attorney General William P. Barr announced his commitment to investigating, prosecuting, and combatting gun crimes as a critical part of the Department’s anti-violent crime strategy. These firearms-related charges are the result of the critical law enforcement partnership between United States Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives, led by Acting Director Regina Lombardo, who has made firearms-related investigations a priority.
Of the cases charged nationwide, the Middle District of Alabama has brought 78 cases, announced United States Attorney Louis V. Franklin, Sr. In a recent example, a convicted felon from Florida was prosecuted for threatening a Montgomery, Alabama hotel worker with a gun following a dispute between the two. As the defendant was leaving the hotel, she leaned across the passenger seat, where her young child was sitting and crying hysterically, pointed a gun at the clerk through the passenger window and threatened to shoot her in the face. The defendant was sentenced to 33 months in federal prison.
“My office places an emphasis on prosecuting firearms cases for one simple reason, it saves lives.” stated U.S. Attorney Franklin. “The reality is that most of the violent crime in our communities is committed by repeat offenders. By holding felons and drug traffickers accountable for using firearms, we are attacking the problem head on while removing dangerous individuals from the streets. We will continue to work with our federal, state, and local partners to identify and prosecute the most serious threats to our communities.”
“The number one priority of government is to keep its citizens safe,” said Attorney General Barr. “By preventing firearms from falling into the hands of individuals who are prohibited from having them, we can stop violent crime before it happens. Violating federal firearms laws is a serious crime and offenders face serious consequences. The Department of Justice is committed to investigating and prosecuting individuals who illegally buy, sell, use, or possess firearms. Reducing gun violence requires a coordinated effort, and we could not have charged more than 14,000 individuals with firearms-related crimes without the hard work of the dedicated law enforcement professionals at the ATF, our U.S. Attorneys’ Offices across the country, and especially all of our state and local law enforcement partners.”
“Protecting the public from violent crime involving firearms is at the core of ATF’s mission,” commented ATF Acting Director Regina Lombardo. “Every day the men and women of ATF pursue and investigate those who use firearms to commit violent crimes in our communities, many of whom are prohibited from possessing firearms from previous convictions. ATF, in collaboration with the U.S. Attorneys’ Offices across the nation, is committed to bringing these offenders to justice for their egregious and violent criminal acts.”
Under federal law, it is illegal to possess a firearm if you fall into one of nine prohibited categories including being a felon, illegal alien or unlawful user of a controlled substance. Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime. It is also illegal to purchase – or even to attempt to illegally purchase - firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others. Lying on ATF Form 4473, which is used to lawfully purchase a firearm, is also a federal offense. The Department is committed to prosecuting these firearms offenses as well as using all modern technologies available to law enforcement such as the National Integrated Ballistic Information Network, known as NIBIN, to promote gun crime intelligence. Keeping illegal firearms out of the hands of violent criminals will continue to be a priority of the Department of Justice and we will use all appropriate, available means to keep the law abiding people of this country safe from gun crime.
For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473.
Montgomery Man Sentenced to Five Years in Prison for Illegal Possession of a FirearmRead the Press Release
Montgomery, Alabama – On Tuesday, October 6, 2020, John Frederick Wheeler, a 29-year-old man from Montgomery, Alabama, was sentenced to 60 months in prison for possessing a firearm in furtherance of a drug trafficking crime, announced United States Attorney Louis V. Franklin, Sr. There is no parole in the federal system.
According to court records and statements made in open court, in June of 2016, the United States Postal Inspection Service (USPIS) suspected that Wheeler was using the mail to receive illegal narcotics to sell. After obtaining a search warrant, the USPIS found marijuana and firearms at Wheeler’s residence. Under federal law, it is a crime to use, carry, or possess a firearm in furtherance of a drug trafficking crime. A violation of that statute carries a minimum sentence of five years. Wheeler pleaded guilty to the charge on July 8, 2020. During his plea hearing, Wheeler admitted that he possessed the firearm in order to further his marijuana distribution operation.
The United States Postal Inspection Service (USPIS), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Montgomery Police Department investigated this case. Assistant United States Attorney Brandon Bates prosecuted the case.
Montgomery Man Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
Montgomery, Alabama – On Tuesday, October 6, 2020, Jerome Darnell Brown, a 29-year-old man from Montgomery, Alabama, was sentenced to 18 months in prison for being a felon in possession of a firearm, announced United States Attorney Louis V. Franklin, Sr. There is no parole in the federal system.
According to court records and statements made in open court, in April of 2018, the Montgomery Police Department conducted a traffic stop of the vehicle Brown was driving. When officers approached the car, they noticed the smell of marijuana coming from inside. After searching the vehicle, officers found a handgun that had been tossed under the backseat. They also discovered that Brown had an empty pistol holster in his belt. Brown has a previous felony conviction and is prohibited from possessing a firearm. He pleaded guilty to the charge on July 8, 2020.
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, the Montgomery County Sheriff’s Office, and the Federal Bureau of Investigation. Assistant United States Attorney Russell Duraski prosecuted the case.
Georgia Man Sentenced for Using Fake Facebook Account to Make Threats against Schools in East Alabama and West GeorgiaRead the Press Release
Montgomery, Alabama – On Tuesday, October 6, 2020, Levi Calhoun, III, a 29-year-old man from Georgetown, Georgia, received a sentence of 18 months in prison for making threats against schools and conveying false information, announced United States Attorney Louis V. Franklin, Sr. Calhoun was also ordered to serve two years of supervised release after he completes his prison sentence.
Calhoun had previously pleaded guilty to the charges and admitted that, on November 7, 2018, he created a fake Facebook account to spread several threats that someone would use explosive devices and firearms to attack one or more Eufaula, Alabama and Quitman County, Georgia schools. In pronouncing the sentence, the judge pointed out the disruption and anxiety Calhoun’s actions caused the affected communities, including students, parents, and school administrators. It was also noted that Calhoun utilized images from another Facebook user to create the fake account in an effort to conceal his identity, causing law enforcement to initially seek out and question that individual. Fortunately, agents quickly traced the fake account back to Calhoun and exposed his scheme.
The Federal Bureau of Investigation (FBI), the Eufaula Police Department, the Georgia Bureau of Investigation, the Georgetown Police Department, and the Enterprise Police Department investigated this case, with assistance from the Alabama Law Enforcement Agency (ALEA) and the Alabama Fusion Center. Assistant United States Attorney Eric M. Counts prosecuted the case.
Auburn Man Sentenced for Making False Statements to FBI about His Involvement in Distributing ISIS PropagandaRead the Press Release
Montgomery, Alabama – On Thursday, September 17, 2020, Nayef Amjad Qashou, a 26-year-old man residing in Auburn, Alabama, was sentenced to 57 months in prison for making false statements to the FBI during a terrorism investigation, announced United States Attorney Louis V. Franklin, Sr. and FBI Special Agent in Charge James Jewell. There is no parole in the federal system.
According to court documents and statements made in open court, a few years prior to 2018, the FBI began to monitor Qashou after they received tips concerning some erratic behavior that indicated he might have an interest in joining ISIS (Islamic State of Iraq and Syria). Then, on September 26, 2018, Qashou was interviewed by agents and task force officers from the FBI who suspected that he was sharing videos supporting international terrorism. During the interview, Qashou admitted to compiling and distributing what he called "educational" videos relating to Islam. However, he told agents that he only compiled 37 videos and he misrepresented the nature and content of the videos. As the investigation continued, agents discovered that Qashou distributed some 115 videos to other individuals and that the videos consisted of ISIS propaganda. Ultimately, Qashou admitted he knowingly lied about the number and content of the videos in order to protect individuals depicted in them and to impede the investigation into his actions. It was also revealed during the sentencing hearing that Qashou had previously traveled to Jordan and attempted to cross into Syria to join ISIS, but he was prevented from doing so by Jordanian officials.
After completing his prison sentence, Qashou will serve three years of supervised release. During that time he will be subject to a number of special conditions imposed by the judge, to include participation in a mental health treatment program and monitoring of his computer and electronic device usage by the United States Probation Office.
The Federal Bureau of Investigation (FBI) investigated this case, with assistance from the Auburn Police Division. Assistant United States Attorneys Joshua Wendell and Robert Nichols prosecuted the case.
Eufaula Man Sentenced to Ten Years in Prison for Illegally Possessing a Firearm He Used to Commit a Sexual AssaultRead the Press Release
Montgomery, Alabama – On Thursday, September 3, 2020, Steven Denard Paige, a 28-year-old from Eufaula, Alabama, was sentenced to ten years in prison after pleading guilty to a federal firearms charge, announced United States Attorney Louis V. Franklin, Sr. Paige was also ordered to serve three years of supervised release after he completes his prison sentence. There is no parole in the federal system.
According to court records and statements made in open court, on October 28, 2018, the Eufaula Police Department responded to a disturbance call at a residence. When officers arrived, they learned that Paige was having an argument with a female and, at some point during the argument, he made threats against her life and used a .22 caliber rifle to sexually assault her. Paige has previous felony convictions and is prohibited from possessing firearms.
Paige was indicted by a federal grand jury on September 11, 2019 for being a felon in possession of a firearm. He was brought into federal custody on November 7, 2019 and has remained there since that date. Paige pleaded guilty to the charge on March 12, 2020. Based on the details surrounding the October 2018 offense and his criminal history, the prosecutor argued for the maximum sentence available under the felon-in-possession statute, which was ordered by the judge.
The Eufaula Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case. Assistant United States Attorneys Brett Talley and Curtis Ivy prosecuted the case.
Pike County Man Sentenced to 30 Years in Prison Following Federal Gun and Drug ConvictionsRead the Press Release
Montgomery, Alabama – On Friday, August 28, 2020, Osie Lee Davis., a 49-year-old resident of Troy, Alabama, was sentenced to 360 months in prison following federal gun and drug convictions, announced United States Attorney Louis V. Franklin, Sr., ATF Acting Special Agent in Charge Toby C. Taylor, and Troy Police Chief Randall Barr. Davis was also ordered to serve six years of supervised release after he completes his prison sentence. There is no parole in the federal system.
Based on his substantial criminal history, which included at least eight prior felony drug convictions, the judge determined that Davis qualified as a career offender under the federal sentencing guidelines and was subject to sentencing enhancements under the Armed Career Criminal Act of 1984. These rulings significantly increased the guidelines range for Davis and resulted in a 30-year sentence.
Evidence presented during Davis’ October 2019 trial showed that just before midnight on January 31, 2017, the Troy Police Department observed Davis driving a vehicle with the headlights off and performed a traffic stop. The officer discovered that Davis had a suspended license and outstanding arrest warrants. When officers took Davis into custody and searched him, they discovered multiple drugs, which were packaged for sale, inside a pouch in his jacket pocket. The narcotics included marijuana, methamphetamine, cocaine, and clonazepam. A handgun was also found next to the driver’s seat of the vehicle. Davis has multiple previous felony convictions and is prohibited by federal law from possessing a firearm.
A second encounter with law enforcement occurred on October 5, 2018 in Troy, just after midnight. Troy police conducted a traffic stop due to a headlight being out and, while arresting Davis for yet another outstanding warrant, they found cocaine and marijuana in the vehicle. Once Davis was taken into custody and booked into the Troy City Jail, several additional baggies of cocaine, which were packaged for sale, were discovered in one of his shoes.
The Troy Police Department joined with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to investigate and ultimately bring the case up for federal prosecution. After hearing all the evidence from the Troy Police Department and ATF during his trial, a federal jury found Davis guilty on six counts of possessing illegal drugs with intent to distribute, one count of being a felon in possession of a firearm, and one count of possessing a firearm in connection with a drug trafficking offense.
“Drug trafficking encompasses more than simply selling narcotics, it also tears families apart, destroys lives, and heightens the potential for violence throughout our communities,” stated U.S. Attorney Franklin. “Mr. Davis has a long history of criminal conduct that spans decades. He has multiple convictions for drug distribution and has had numerous opportunities to change, but each time he chose to return to the same way of life. Thirty years is a significant sentence, but it is one that Mr. Davis earned for himself. I would like to thank the agencies involved in this investigation and I am grateful that Mr. Davis will no longer be a threat to the citizens of Troy and the surrounding communities.”
“Removing the criminal element that uses a firearm to facilitate violent crimes is a priority of ATF,” stated ATF Acting Special Agent in Charge Toby Taylor. “This focused investigation of an individual with an extensive criminal history will have a lasting impact within this community.”
“This is a significant arrest that will go a long way in making our streets and our community safer,” said Troy Police Chief Randall Barr. “Davis has proven that after multiple convictions he has no intention of changing his ways and continues to distribute dangerous illegal drugs. The sentence handed down in this case sends a strong message that this type behavior will not be tolerated. We truly appreciate the cooperation and hard work invested in this case by everyone involved to bring this case to a successful end.”
The Troy Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case, with assistance from the Alabama Department of Forensic Sciences. Assistant United States Attorneys Eric Counts and Robert Nichols prosecuted this case.
Montgomery Man Sentenced to Ten Years in Prison for Possession of Child PornographyRead the Press Release
Montgomery, Alabama – On Wednesday, August 26, 2020, Charles Bennett Salter III, a 38-year-old resident of Montgomery, Alabama, was sentenced to 121 months in prison after pleading guilty to possession of child pornography, announced United States Attorney Louis V. Franklin, Sr. The pronounced sentence in this case was at the very top of the federal sentencing guidelines. After serving his sentence, Salter will be on supervised release for five years and must register as a sex offender.
The investigation into Salter’s online activity began in February 2018. Over the course of the investigation, law enforcement found more than 3,000 images and 86 videos of child pornography on various electronic devices. The National Center for Missing and Exploited Children (NCMEC) examined the devices and identified more than 1500 images of known victims. Although law enforcement did not identify any local victims in the images and videos containing child pornography, during the sentencing hearing, the judge noted that an additional 439 images of clothed children were found on Salter’s cell phone that may have been taken by him in, or around, the Montgomery area. These photos were from various public places, such as stores and restaurants, and appeared to have been taken without the children’s knowledge. Many of these images focused on the buttocks or genital areas of the unsuspecting children. It was also noted that female dolls of various sizes, one with its arms bound behind its back, along with children’s underpants and white duct tape, were found by agents in Salter’s bedroom.
“Let me be clear, the possession of child pornography is not a victimless crime,” stated U.S. Attorney Franklin. “The children in these images are real victims, who suffer real trauma when photographed while being molested and/or posing in sexually suggestive positions. In fact, the victimization is repeated each time that photograph is shared with someone else. The evidence proves that Salter had a sexual interest in children and it played a role in creating the demand for child pornography. Even more disturbing was the covert capturing of images of local children. Make no mistake, Salter is a predator and I believe the prison sentence he received was justified and necessary to protect our children from the threat he posed.”
This case was investigated by the Alabama Law Enforcement Agency (ALEA), with assistance from the Montgomery Police Department, the Prattville Police Department, the Tallassee Police Department, and the United States Marshals Service. Assistant United States Attorneys Russell Duraski and Hollie Reed prosecuted the case.
Dothan Man Sentenced to 70 Months in Prison Following Federal Drug ConvictionRead the Press Release
Montgomery, Alabama – On Thursday, August 27, 2020, Dotavious Antwann Robinson, a 28-year-old from Dothan, Alabama, was sentenced to 70 months in prison after pleading guilty to possession of methamphetamine with the intent to distribute, announced United States Attorney Louis V. Franklin, Sr. Robinson was also ordered to serve five years of supervised release after he completes his prison sentence. There is no parole in the federal system.
According to court records and statements made in open court, on April 18, 2017, the Dothan Police Department was responding to a disturbance call. When officers arrived, they encountered a vehicle with Robinson sitting in the backseat. As they approached the vehicle, Robinson fled the scene but left behind a handgun and a black suitcase containing methamphetamine, among other drugs. Approximately three weeks later, law enforcement arrested Robinson and he was found to be in possession of more illegal narcotics. He pleaded guilty to possession of methamphetamine with intent to distribute in May 2020.
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. Assistant United States Attorneys Brandon Bates, Megan Kirkpatrick, and Bradley Bodiford prosecuted the case.
Dothan Man on Supervised Release from Previous Drug Convictions Sentenced to More Than 14 Years in Prison for New Cocaine and Marijuana ChargesRead the Press Release
Montgomery, Alabama – On Thursday, August 20, 2020, Rasheed Demond Johnson, a 38-year-old from Dothan, Alabama, was sentenced to 151 months in prison after pleading guilty to possession of cocaine and marijuana with the intent to distribute, announced United States Attorney Louis V. Franklin, Sr. Johnson was also ordered to serve six years of supervised release after he completes his prison sentence. There is no parole in the federal system.
According to court records, Johnson was on federal supervised release for a previous drug trafficking conviction when law enforcement began to suspect that he had returned to his old ways. According to testimony during his sentencing hearing, in March of 2017, U.S. Postal Inspectors discovered that two packages from Hong Kong containing a synthetic opioid used in making “Spice” were being mailed to addresses associated with Johnson. Spice is an illegal drug that consists of a mixture of plant material sprayed with synthetic chemicals. Over the next year, law enforcement used various investigative methods, including the controlled purchase of drugs from Johnson, to confirm his involvement in illegal activity. Then, on March 23, 2018, law enforcement executed a search warrant on Johnson’s residence and his suspected drug “stash house” where they found cocaine and marijuana. They also found spray bottles that were consistent with those used to make Spice.
Based upon the March 2018 search, Johnson’s federal supervised release was revoked and, as a result, on September 6, 2019, he was sentenced to 24 months in prison. This two-year sentence will run consecutive to the 151 months he received for his most recent federal drug convictions for a total of 175 months in prison. In pronouncing the sentence on Thursday, the judge determined that Johnson qualified as a career offender under the federal sentencing guidelines based on his substantial criminal history. This can significantly increase the potential sentence for a defendant.
The United States Postal Inspection Service, the Federal Bureau of Investigation, the Alabama Law Enforcement Agency, and the Houston County Sheriff’s Office investigated this case, with assistance from the Drug Enforcement Administration and the Alabama Department of Forensic Sciences. Assistant United States Attorney Kevin Davidson prosecuted the case.
Florida Woman and Convicted Felon Sentenced for Federal Firearms Conviction after Threatening another Woman with a GunRead the Press Release
Montgomery, Alabama – On Tuesday, August 18, 2020, Kassy Rene Freeman, a 36-year-old from Melbourne, Florida, was sentenced to 33 months in prison after pleading guilty to a federal firearms charge, announced United States Attorney Louis V. Franklin, Sr. Freeman was also ordered to serve three years of supervised release after she completes her prison sentence. There is no parole in the federal system.
According to court records, on March 26, 2019, the Montgomery Police Department (MPD) responded to a disturbance call from a hotel clerk stating that a woman had threatened her with a gun. When officers arrived at the hotel, the clerk said that Freeman had been asked to leave the property due to a fight with another individual, but she did not leave right away. Eventually, after being asked again to depart, Freeman got into the driver’s seat of her car and started to drive off. She then leaned across the passenger seat, where her young child was sitting and crying hysterically, pointed a gun at the clerk through the passenger window and threatened to shoot her in the face. Freeman left the property before police arrived. Officers took a statement from the clerk along with a description of Freeman and the vehicle. The following day, on March 27, 2019, MPD spotted Freeman and initiated a traffic stop based on the complaint. In the car, they found a 9mm handgun. Freeman is a convicted felon and is prohibited from possessing firearms. Any potential state charges based on this incident are separate from the federal case.
On January 15, 2020, Freeman was indicted by a federal grand jury for being a felon in possession of a firearm. She pleaded guilty to the charge on June 15, 2020.
“The use of firearms to settle disputes has become far too common and the number of recent shootings in our communities is alarming,” stated U.S. Attorney Franklin. “It is even more disturbing when someone intentionally places a child in the middle of a dangerous and volatile situation, putting his or her innocent life at risk and providing a horrible example of how to behave. My office will continue to target repeat offenders and hope that it will deter other adults and teach our children that there are better ways to resolve conflicts.”
The Montgomery Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case, with assistance from the Montgomery County Sheriff’s Office and the Alabama Department of Forensic Sciences. Assistant United States Attorney Russell Duraski prosecuted the case.
Georgia State Prisoner Sentenced for Mailing Threatening Letters to United States District Court JudgesRead the Press Release
Montgomery, Alabama – On Friday, August 14, 2020, Daniel Eric Cobble, age 45, was sentenced to a term of 20 years of federal imprisonment for mailing threatening letters to United States District Court Judges of the Middle District of Georgia announced Louis V. Franklin, Sr., United States Attorney for the Middle District of Alabama.
A trial of the matter underlying the federal sentence was held February 19 and 20, 2020, in Columbus, Georgia, before United States District Judge Clay D. Land of the United States District Court for the Middle District of Georgia. The trial evidence showed that, in March and July 2013 and again in March 2014, Cobble mailed threatening letters to two United States District Court Judges of the Middle District of Georgia who were presiding over two different matters in which Cobble was a party.
“We all know too well the stories of judges, law enforcement officers, and other public servants who are violently targeted simply for doing their jobs,” said U.S. Attorney Franklin. “This sentence sends a message to anyone who would threaten to harm public servants and their families-we will find you, we will prosecute you, and you will go to prison.”
Cobble will not begin serving his federal sentence until he has completed service of the State of Georgia sentence he is currently serving. Additionally, there is no parole in the federal system.
The Macon, Georgia office of the Federal Bureau of Investigation was responsible for the investigation of the case.
Former Montgomery High School Assistant Principal Pleads Guilty to Federal Fraud ChargeRead the Press Release
Montgomery, Alabama – On Monday, August 17, 2020, Walter James, III, a 49-year-old from Montgomery, Alabama, and former Montgomery Public Schools employee, pleaded guilty to wire fraud, announced United States Attorney Louis V. Franklin, Sr., FBI Special Agent in Charge James Jewell, and Alabama Attorney General Steve Marshall.
According to court documents, while he was employed by the Montgomery Public Schools (MPS) system, James held himself out to be the owner of a consulting company, "ED-ONE Professional Development Services." He then collaborated with others at his high school and the MPS central office to submit fraudulent invoices for consulting or professional development services. The invoices listed vague descriptions of the types of services that the vendor supposedly rendered. For example, the invoices would include descriptions such as “books & materials,” “consulting,” or “three-day workshop.” However, James did not provide any professional development services or products of any kind to MPS, nor did any of the purported consulting companies on the corresponding invoices that James submitted for payment. As a result of this scheme, the submission of false invoices from August 2016 to April 2019 gave rise to a loss of more than $250,000.00 to MPS.
James was charged with wire fraud on March 3, 2020. His sentencing hearing will be scheduled in the next few months and he is facing up to 20 years in prison and a significant fine. He will also be subject to an order of restitution for the stolen money.
The Federal Bureau of Investigation (FBI), the Alabama Attorney General’s Office, the Alabama Ethics Commission, and the Alabama Department of Examiners of Public Accounts investigated this case. Assistant United States Attorneys Thomas Govan and Jonathan Ross are prosecuting the case.
Convicted Felon from Montgomery Found Guilty of Possessing Methamphetamine, an AR-15, and a HandgunRead the Press Release
Montgomery, Alabama – On Tuesday, August 11, 2020, a federal jury convicted Kemond Jareuz Fortson, a 35-year-old from Montgomery, Alabama, for being a felon in possession of a firearm, possessing methamphetamine with intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Louis V. Franklin, Sr.
The trial evidence showed that, on October 31, 2017, the Gulf Coast Regional Fugitive Task Force went to an apartment in Montgomery to serve Fortson, who was previously convicted of murder, with an arrest warrant for a probation violation. Inside the apartment, they found Fortson and his girlfriend, along with nearly 40 grams of methamphetamine strewn along the floor, into the bathroom, and in the toilet. Agents also discovered a digital scale, a large black gun case, and a set of car keys. Agents then obtained a search warrant for a car and found a loaded AR-15, around 40 more grams of methamphetamine, another digital scale, plastic bags, and a Ruger 9mm pistol in the trunk.
Following these convictions, Fortson is facing a sentence of five years to life in prison. His sentencing hearing has been scheduled for December 9, 2020. There is no parole in the federal system.
“Guns and drugs are a deadly mix, it’s like storing gasoline next to the fireplace” stated U.S. Attorney Franklin. “At the time of this offense, Mr. Fortson had been convicted of one violent crime and was a fugitive from justice. Apparently, Mr. Fortson decided that his latest criminal act would be using and carrying a firearm while distributing narcotics. The only reason dealers use and carry firearms is to protect their product, protect their money, and protect themselves, without any regard for the safety of others. My office places a priority on ridding our communities of violent offenders that refuse to obey the law, and I am grateful to the jury for their verdict in this case.”
The Alabama Law Enforcement Agency (ALEA), the Drug Enforcement Administration (DEA), and the U.S. Marshals Service-led Gulf Coast Regional Fugitive Task Force investigated this case. Assistant United States Attorneys Kevin Davidson and Brandon Bates are prosecuting the case.
Deatsville Man Pleads Guilty to Possession of Child PornographyRead the Press Release
Montgomery, Alabama – On Monday, August 10, 2020, Hunter Lavon Brown, a 26-year-old from Deatsville, Alabama, pleaded guilty to possession of child pornography, announced United States Attorney Louis V. Franklin, Sr. and FBI Special Agent in Charges James Jewell.
According to court documents, on January 10, 2019, the National Center for Missing and Exploited Children (NCMEC) received a cyber-tip from Google that there was possible child pornography materials being uploaded to a Google Photos account. FBI agents reviewed the information and identified Brown’s address as being involved in the uploads and discovered that the Google account was registered to Brown with an email address associated with him. On August 22, 2019, agents executed a search warrant at Brown’s residence and seized a number of electronic devices. Brown was present at the time of the search and admitted to having child pornography images on the devices being seized. The agents reviewed the materials they found and identified suspected child pornography images, which was later confirmed by NCMEC. Further forensic analysis of the electronic devices revealed that Brown knowingly searched and downloaded child pornography, which he admitted during his plea hearing. He also admitted that some of the child porn images contained beastiality.
Brown was arrested on August 22, 2019 after a complaint was issued against him on child pornography charges and he has been in custody since that date. He was indicted by a grand jury on September 11, 2019. His sentencing hearing will be scheduled in the next few months and he is facing up to 20 years in prison and a fine up to $250,000.00. He will also be subject to a period of supervised release from five years to life.
“Crimes against children are despicable and, despite the ongoing national health crisis, they are on the rise,” stated U.S. Attorney Franklin. “Child pornography is a particularly disturbing crime that has a continuing and long lasting impact on its victims, re-injuring them each time their images are downloaded and shared. My office places a priority on prosecuting these cases and will continue to work with law enforcement to identify those that exploit our children.”
"The FBI will continue to use every resource available to locate and arrest suspects who possess and seek photos of children being victimized,” said SAC Jewell. “Child pornography leaves behind a trail of young people whose innocence was taken from them and we will work tirelessly to bring justice to these victims."
The Federal Bureau of Investigation (FBI) investigated this case, with assistance from the National Center for Missing and Exploited Children (NCMEC). Assistant United States Attorney Russell Duraski is prosecuting the case.
Montgomery Man Sentenced to 70 Months in Prison for Being a Felon in Possession of a FirearmRead the Press Release
Montgomery, Alabama – On Tuesday, August 4, 2020, Johnathan Earl Chappell, a 31-year-old from Montgomery, Alabama, was sentenced to 70 months in prison after pleading guilty to a federal firearms charge, announced United States Attorney Louis V. Franklin, Sr. Chappell was also ordered to serve three years of supervised release after he completes his prison sentence. There is no parole in the federal system.
According to court records, on October 4, 2017, deputies from the Montgomery County Sheriff’s Office encountered Chappell and two others standing beside a vehicle on the side of the road. After approaching the vehicle to ask if assistance was needed, the deputies detected a strong smell of marijuana coming from the vehicle. When they searched the vehicle, they found three handguns and discovered that Chappell and one of his companions had outstanding warrants for their arrest. Chappell admitted to law enforcement that one of the firearms belonged to him although he has a previous felony conviction and is prohibited from possessing a firearm. Unknown to the deputies at the time of their encounter, the Montgomery Police Department had developed Chappell and his two acquaintances as suspects in a robbery that occurred the day before. State charges are pending for Chappell.
On September 11, 2019, Chappell was indicted by a federal grand jury for being a felon in possession of a firearm. He pleaded guilty to the firearms charge on January 27, 2020.
The Montgomery County Sheriff’s Office, the Montgomery Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case. Assistant United States Attorney Thomas Govan prosecuted the case.
Elmore County Man Sentenced to Prison Following Federal Bank Fraud ConvictionRead the Press Release
Montgomery, AL. – On Wednesday, July 29, 2020, Jimmy Allen Monk, a 60-year-old resident of Elmore County and former PrimeSouth Bank president, was sentenced to 12 months and one day in prison after pleading guilty to bank fraud, announced United States Attorney Louis V. Franklin, Sr., FBI Special Agent in Charge James Jewell, and Special Agent in Charge Kyle A. Myles with the Federal Deposit Insurance Corporation’s Office of Inspector General. Following his prison sentence, he will serve two years of supervised release. There is no parole in the federal system.
According to court records, investigators uncovered Monk’s fraudulent scheme of illegally issuing numerous loans from existing bank client accounts without their knowledge and applying those funds to other loans he was servicing that were past due or at risk of default. This was done to cover up the real status of loans he had approved and to prevent losing his position as President with the bank. For example, in June of 2015, Monk obtained an unauthorized advance of $22,800 from a PrimeSouth Bank loan issued to the Elmore County Economic Development Authority and applied the proceeds of that advance to the unrelated loan accounts of other persons. His scheme took place over the course of at least ten years and resulted in hundreds of thousands of dollars from unauthorized loans, all of which was credited by the bank back to the accounts once the activity was discovered. In addition to his prison sentence, Monk will have to pay $184,195.45 in restitution to the bank and a fine of $20,000.00.
Monk was charged for the bank fraud on February 7, 2020 and he pleaded guilty to the charge on February 20, 2020.
“Wealth, power, and privilege is not a license to break the law,” stated U.S. Attorney Franklin. “Monk abused his position of authority and influence within the community and betrayed the trust of those he was supposed to serve. This prosecution should send a message to anyone in a position of power that such abuse will not be tolerated.”
“This type of white collar crime can seriously undermine the public's trust in our financial institutions,” stated Special Agent in Charge Jewell. “The FBI stands ready to work alongside our state, local, and federal partners to investigate and prosecute these cases and hold the defendants responsible for their actions."
“The public’s trust in the FDIC to supervise and regulate the nation’s financial system is paramount to a stable economy,” stated Special Agent in Charge Myles. “Today’s sentencing reinforces the public’s intolerance for those who threaten that stability by violating their fiduciary oath for personal gain. Our office’s collaboration with the FBI and the U.S. Attorney’s Office represents the government’s commitment to pursue and prosecute those who use their power and influence to defraud the financial system.”
This case was investigated by the Federal Bureau of Investigation (FBI) and the Federal Deposit Insurance Corporation’s Office of Inspector General, with assistance from the Alabama Attorney General’s Office. Assistant United States Attorneys Alice LaCour and Thomas Govan prosecuted the case.