Middle District of Alabama
Press releases recorded for this federal judicial district.
Justice Department Alleges Excessive Force in Alabama’s Prisons for Men Violates the ConstitutionRead the Press Release
WASHINGTON – The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama today concluded that there is reasonable cause to believe that the conditions at Alabama’s prisons for men violate the Eighth Amendment of the Constitution. Specifically, the department concluded that there is reasonable cause to believe that prisoners are subjected to excessive force at the hands of prison staff.
As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided the facility with written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.
“The Constitution guarantees prisoners the right not to be subjected to excessive force and to be housed in reasonably safe conditions,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Our investigation found reasonable cause to believe that there is a pattern or practice of using excessive force against prisoners in Alabama’s prisons for men. The Justice Department hopes to work with Alabama to resolve the department’s concerns.”
“I am proud of the work being done to protect the constitutional rights of Alabama prisoners” said Acting U.S. Attorney for the Northern District of Alabama Lloyd Peeples. “Systemic constitutional violations such as these cannot be ignored and require a comprehensive approach to addressing these problems. We continue to be committed to ensuring that the state implements meaningful reform to meet its constitutional obligations.”
“The results of the investigation into excessive force issues within Alabama’s prisons is distressing and continues to require real and immediate attention,” said U.S. Attorney for the Middle District of Alabama Louis Franklin. “We are hopeful that our continued work with State officials can ensure that the Department of Corrections abides by its constitutional obligations.”
“While we recognized the challenges of correcting systemic constitutional deficiencies in Alabama prisons that have existed for decades, now is the time for significant reform. The three U.S. Attorneys in Alabama are committed to a just resolution of this matter,” said U.S. Attorney for the Southern District of Alabama Richard Moore.
In April 2019, the department notified Alabama that the Alabama Department of Corrections fails to (1) protect prisoners from physical harm and sexual abuse at the hands of other prisoners; and (2) maintain facilities that are sanitary, safe, or secure. The department is in negotiations with the State of Alabama in an attempt to reach agreement on the remedies for the constitutional deficiencies identified in the April 2019 Notice Letter.
The Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama initiated the investigation in October 2016 under CRIPA, which authorizes the department to take action when it has reasonable cause to believe there is a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.
The department will be following up to work with the state in an effort to find mutually agreeable settlement terms to address the issues outlined in the report, which can be found here: Use of Force CRIPA Notice Letter (2020) and Cover Letter to Use of Force CRIPA Notice (2020).
This investigation was conducted by attorneys with the Special Litigation Section of the Justice Department’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama. Individuals with relevant information are encouraged to contact the Department by phone at (877) 419-2366 or by email at [email protected].
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
Justice Department Alleges Excessive Force in Alabama’s Prisons for Men Violates the ConstitutionRead the Press Release
WASHINGTON – The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama today concluded that there is reasonable cause to believe that the conditions at Alabama’s prisons for men violate the Eighth Amendment of the Constitution. Specifically, the department concluded that there is reasonable cause to believe that prisoners are subjected to excessive force at the hands of prison staff.
As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided the facility with written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.
“The Constitution guarantees prisoners the right not to be subjected to excessive force and to be housed in reasonably safe conditions,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Our investigation found reasonable cause to believe that there is a pattern or practice of using excessive force against prisoners in Alabama’s prisons for men. The Justice Department hopes to work with Alabama to resolve the department’s concerns.”
“I am proud of the work being done to protect the constitutional rights of Alabama prisoners” said Acting U.S. Attorney for the Northern District of Alabama Lloyd Peeples. “Systemic constitutional violations such as these cannot be ignored and require a comprehensive approach to addressing these problems. We continue to be committed to ensuring that the state implements meaningful reform to meet its constitutional obligations.”
“The results of the investigation into excessive force issues within Alabama’s prisons is distressing and continues to require real and immediate attention,” said U.S. Attorney for the Middle District of Alabama Louis Franklin. “We are hopeful that our continued work with State officials can ensure that the Department of Corrections abides by its constitutional obligations.”
“While we recognized the challenges of correcting systemic constitutional deficiencies in Alabama prisons that have existed for decades, now is the time for significant reform. The three U.S. Attorneys in Alabama are committed to a just resolution of this matter,” said U.S. Attorney for the Southern District of Alabama Richard Moore.
In April 2019, the department notified Alabama that the Alabama Department of Corrections fails to (1) protect prisoners from physical harm and sexual abuse at the hands of other prisoners; and (2) maintain facilities that are sanitary, safe, or secure. The department is in negotiations with the State of Alabama in an attempt to reach agreement on the remedies for the constitutional deficiencies identified in the April 2019 Notice Letter.
The Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama initiated the investigation in October 2016 under CRIPA, which authorizes the department to take action when it has reasonable cause to believe there is a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.
The department will be following up to work with the state in an effort to find mutually agreeable settlement terms to address the issues outlined in the report, which can be found here: Use of Force CRIPA Notice Letter (2020) and Cover Letter to Use of Force CRIPA Notice (2020).
This investigation was conducted by attorneys with the Special Litigation Section of the Justice Department’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama. Individuals with relevant information are encouraged to contact the Department by phone at (877) 419-2366 or by email at [email protected].
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
Justice Department Alleges Excessive Force in Alabama’s Prisons for Men Violates the ConstitutionRead the Press Release
The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama today concluded that there is reasonable cause to believe that the conditions at Alabama’s prisons for men violate the Eighth Amendment of the Constitution. Specifically, the department concluded that there is reasonable cause to believe that prisoners are subjected to excessive force at the hands of prison staff.
As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided the facility with written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.
“The Constitution guarantees prisoners the right not to be subjected to excessive force and to be housed in reasonably safe conditions,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Our investigation found reasonable cause to believe that there is a pattern or practice of using excessive force against prisoners in Alabama’s prisons for men. The Justice Department hopes to work with Alabama to resolve the department’s concerns.”
“I am proud of the work being done to protect the constitutional rights of Alabama prisoners” said Acting U.S. Attorney for the Northern District of Alabama Lloyd Peeples. “Systemic constitutional violations such as these cannot be ignored and require a comprehensive approach to addressing these problems. We continue to be committed to ensuring that the state implements meaningful reform to meet its constitutional obligations.”
“The results of the investigation into excessive force issues within Alabama’s prisons is distressing and continues to require real and immediate attention,” said U.S. Attorney for the Middle District of Alabama Louis Franklin. “We are hopeful that our continued work with State officials can ensure that the Department of Corrections abides by its constitutional obligations.”
“While we recognized the challenges of correcting systemic constitutional deficiencies in Alabama prisons that have existed for decades, now is the time for significant reform. The three U.S. Attorneys in Alabama are committed to a just resolution of this matter,” said U.S. Attorney for the Southern District of Alabama Richard Moore.In April 2019, the department notified Alabama that the Alabama Department of Corrections fails to (1) protect prisoners from physical harm and sexual abuse at the hands of other prisoners; and (2) maintain facilities that are sanitary, safe, or secure. The department is in negotiations with the State of Alabama in an attempt to reach agreement on the remedies for the constitutional deficiencies identified in the April 2019 Notice Letter.
The Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama initiated the investigation in October 2016 under CRIPA, which authorizes the department to take action when it has reasonable cause to believe there is a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.
The department will be following up to work with the state in an effort to find mutually agreeable settlement terms to address the issues outlined in the report, which can be found here: Use of Force CRIPA Notice Letter (2020) and Cover Letter to Use of Force CRIPA Notice (2020).
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.
Missouri Man Sentenced to 84 Months after Pleading Guilty to Child Pornography ChargesRead the Press Release
Montgomery, Alabama – On Tuesday, July 14, 2020, Christopher Dean Miers, a 33-year-old former United States Marine Corps recruiter from Missouri, was sentenced to 84 months in prison after pleading guilty to child pornography charges, announced United States Attorney Louis V. Franklin, Sr. Miers 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 documents, from about February 2019, until April 2019, while living on Fort Rucker, Miers was utilizing the internet to access peer-to-peer file sharing networks in order to receive and distribute child pornography. On May 1, 2019, law enforcement obtained a search warrant and found illegal content on his computer, including at least 197 images and 248 videos depicting child porn. Among them were pictures of prepubescent children, as well as sadistic and masochistic images.
On January 15, 2020, Miers was indicted by a federal grand jury for distribution, receipt, and possession of child pornography. He was arrested the following day and has remained in custody since. He pleaded guilty to all three charges on March 23, 2020.
The United States Army Criminal Investigation Command (CID) Major Cybercrime Unit (MCU) investigated this case, with assistance from the Naval Criminal Investigative Service (NCIS). Assistant United States Attorney Hollie Reed prosecuted the case.
Three Alabama U.S. Attorneys Warn of Misleading Information and Fake Documents Regarding Face Mask ExemptionsRead the Press Release
Montgomery, Alabama – The three United States Attorneys in Alabama join together to warn citizens that cards and other documents bearing the Department of Justice seal and claiming that individuals are exempt from face mask requirements are fraudulent.
Inaccurate flyers or other postings have been circulating on the web and via social media channels regarding the use of face masks and the Americans with Disabilities Act (ADA) due to the COVID-19 pandemic. Many of these notices include the use of the Department of Justice seal and the Civil Rights Division’s ADA Information Line phone number.
As stated in a previous alert, the Department of Justice did not issue and does not endorse them in any way. The public should not rely on the information contained in these postings.
The ADA does not provide a blanket exemption to people with disabilities from complying with legitimate safety requirements necessary for safe operations. The public can visit ADA.gov or call the ADA Information Line at 800-514-0301 (voice) and 800-514-0383 (TTY) for more information.
Russell County Man Sentenced to 10 Years in Prison Following Federal Gun ConvictionRead the Press Release
Montgomery, Alabama – On Tuesday, July 14, 2020, Shaqual Lamar Brown, a 28-year-old man from Phenix City, Alabama, was sentenced to 120 months in prison after pleading guilty to a federal gun charge, announced United States Attorney Louis V. Franklin, Sr. Brown 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 documents, on April 7, 2019, the Phenix City Police Department responded to a call that reported a domestic disturbance outside a residence. When an officer arrived on the scene and spoke with Brown, he gave the officer false information— including a fake name— and attempted to flee by running away. After the officer gave chase and attempted to detain him, Brown continued to resist and began to struggle with the officer, as well as another responding officer who was now assisting. During the fray, Brown reached for a loaded .40 caliber handgun he had in his pants. While the officers were in the process of disarming him of the firearm, Brown grabbed one of the officer’s Tasers and began to stun one of them until the other officer was able to subdue Brown and restrain him. Because Brown is a felon, he is prohibited from possessing firearms.
On September 11, 2019, Brown was indicted by a federal grand jury for being a felon in possession of a firearm and he pleaded guilty to the charge on February 5, 2020. Brown received the maximum sentence allowed in this case due to his extensive criminal history and his conduct during the arrest.
The Phenix City Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case. Assistant United States Attorney Thomas Govan prosecuted the case.
Prattville Man Sentenced for Wire Fraud and Transporting Stolen VehicleRead the Press Release
Montgomery, Alabama – On Thursday, July 9, 2020, Robert Brandon Malone, 35, a resident of Prattville, Alabama, was sentenced to 71 months in prison after pleading guilty to federal wire fraud charges and to transporting a stolen vehicle, announced United States Attorney Louis V. Franklin, Sr., FBI Special Agent in Charge James Jewell, and Prattville Police Chief Mark Thompson. In addition, Malone was ordered to pay $93,784.68 in restitution to his victims and serve three years of supervised release after he completes his time in prison.
According to court records, from early 2017 through late 2018, Malone orchestrated multiple schemes to sell automobiles that did not belong to him. First, in April of 2017, Malone posted a Dodge Ram 1500 pickup truck for sale on the advertising website craigslist that was actually a trade-in vehicle to the dealership for which he worked at the time. A potential buyer saw the post and purchased the truck. However, after discovering that Malone did not actually own the vehicle, it was returned to the dealership. Malone did not refund the buyer’s money.
Later, in January of 2018, Malone was completing work on a Chevrolet C-10 pickup truck for someone and was storing it at his shop. Malone again created a craigslist post listing it for sale and he ultimately arranged to trade it for another vehicle. Once the buyer learned that Malone did not actually own the truck, it was returned to the rightful owner. However, the vehicle that was traded was not returned.
Finally, in November of 2018, Malone was in the process of completing the paperwork to purchase an Audi R8 at a car dealership in Georgia. Before the purchase was complete, he left with the vehicle and returned to Prattville. He then contacted someone that he knew was in the market for an Audi and they made a trip to Prattville to look at the vehicle. The purchaser gave him a down payment for the car and left his F-150 with Malone to hold temporarily until he could return to pick it up. However, Malone did not wait for the owner to return, instead, he listed the truck on Instagram and sold it to another individual. Ultimately, the Audi was returned to the dealership and the truck to the Audi purchaser. However, neither victim recovered their losses.
Malone was indicted by a federal grand jury in October of 2019 on three counts of wire fraud and one count of transporting a stolen vehicle. He was arrested on those charges on November 1, 2019, and released pending his trial. However, his pre-trial release was revoked on February 7, 2020 after it was discovered that, while working at a car dealership in Pelham, Alabama, he was engaging in similar conduct that violated Alabama state law. He has been in federal custody since.
“While carrying out his schemes and scamming his victims out of thousands of dollars, Malone showed no concern about being caught or held accountable,” stated U.S. Attorney Louis V. Franklin, Sr. “Even after being arrested and charged for his crimes, he chose to return to his old ways. I am thankful to our law enforcement partners for putting a stop to his crime spree and helping to get justice for his victims. Once again, this case reminds us that we must always exercise caution when making purchases through online websites.”
FBI Special Agent in Charge James Jewell stated, “This is the result when state, local, and federal authorities work together to make our communities a safer place.”
“Malone’s crimes were widespread and harmed a number of victims,” stated Prattville Police Chief Mark Thompson. “I am grateful for the cooperation and support we received from the FBI and U.S. Attorney’s Office in this case. Due to the great relationships we have established with our federal partners, the victims in this case will get the justice they deserve.”
The Federal Bureau of Investigation (FBI) and the Prattville Police Department investigated this case. Assistant U.S. Attorney Brandon Bates prosecuted this case.
Florida Man Sentenced for His Role in Counterfeiting SchemeRead the Press Release
Montgomery, Alabama – On Thursday, July 9, 2020, Morris Bryan Parmer, a 61-year-old man from Quincy, Florida, was sentenced to 18 months in prison for his part in a U.S. currency-counterfeiting scheme, announced United States Attorney Louis V. Franklin, Sr. Parmer was also ordered to serve two years of supervised release after he serves his prison sentence and to pay $400.00 in restitution to Home Depot.
According to court records, on August 4, 2018, the Dothan Police Department conducted a traffic stop on a vehicle occupied by Parmer and his co-defendant, Tyra Keisha Denise Jefferson, 24, from Tallahassee, Florida. During the stop, officers discovered approximately fifty-five counterfeit $100 bills and three counterfeit $20 bills in the vehicle, along with materials used to manufacture them. Further investigation revealed that the two had purchased merchandise from a Home Depot store in Lake City, Florida, on August 2, 2018, using at least four counterfeit $100 bills. On July 8, 2020, Jefferson pleaded guilty to her role in the conspiracy and will be sentenced in the next few months.
The United States Secret Service and the Dothan Police Department investigated this case. Assistant United States Attorneys Hollie Reed and Russell Duraski prosecuted the case.
Georgia Man Pleads Guilty to Making False Threats against Schools in East Alabama and West GeorgiaRead the Press Release
Montgomery, Alabama – On Tuesday, June 30, 2020, Levi Calhoun, III, a 28-year-old man from Georgetown, Georgia, pleaded guilty to making threats against schools and conveying false information, announced United States Attorney Louis V. Franklin, Sr. and FBI Special Agent in Charge James Jewell.
According to court documents, on November 7, 2018, Calhoun created and used a fake Facebook account to spread several threats that someone would attack one or more Eufaula, Alabama and Quitman County, Georgia schools with firearms and explosive devices. When creating the fake social media account, Calhoun utilized images from another Facebook user causing him a great deal of distress when law enforcement contacted him to verify he was not actually making the threats. Fortunately, agents quickly traced the fake account back to Calhoun. On March 12, 2019, Calhoun was indicted by a federal grand jury on one count of making threats by mail or telephone and one count of conveying false information.
Following his guilty plea to both counts, Calhoun is facing up to ten years in prison. A sentencing date will be scheduled in the next few months.
“We will not tolerate domestic terrorism in any form, but especially when it is directed against our children,” stated U.S. Attorney Louis V. Franklin, Sr. “Students should be able to get an education without fear or the threat of violence. Mr. Calhoun’s actions were unacceptable, and I hope this prosecution sends the message that we will not abide any threats of violence against a school.”
"The FBI will continue to support our state and local partners in the realm of online threats to life and property,” stated FBI Special Agent in Charge James Jewell. “The safety and well-being of our students and teachers comes first and will always be a priority to the FBI."
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 is prosecuting the case.
Florida Man Sentenced to 60 Months in Prison Following Federal Drug and Gun ConvictionsRead the Press Release
Montgomery, Alabama – On Thursday, June 25, 2020, Bobby Turner, a 64-year-old man from Navarre, Florida, was sentenced to 60 months in prison after pleading guilty to federal drug and gun charges, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence, Turner will be on supervised release for two years. There is no parole in the federal system.
According to court documents, the River Falls Police Department and numerous other law enforcement agencies were conducting a road-safety checkpoint on the evening of March 16, 2018 due to increased beach traffic through the area. Turner was traveling from Florida when he encountered the checkpoint on Alabama Highway 55 North in Covington County. When an officer approached his vehicle to check Turner’s license, registration, and insurance documents, he detected the smell of marijuana. While searching the vehicle, law enforcement found nearly ten pounds of marijuana and two handguns. On April 17, 2019, Turner was indicted by a federal grand jury for possession of marijuana with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime. He pleaded guilty to both charges on March 18, 2020.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the River Falls Police Department, the Covington County Sheriff’s Office, and the Alabama Law Enforcement Agency (ALEA) investigated this case, with assistance from the Alabama Department of Forensic Sciences. Assistant United States Attorney Kevin Davidson prosecuted the case.
Department of Justice Observes the 15th Annual World Elder Abuse Awareness DayRead the Press Release
Montgomery, Alabama – Today, United States Attorney Louis V. Franklin, Sr., joins Attorney General William P. Barr and the entire Department of Justice in observing the 15th Annual World Elder Abuse Awareness Day. The Department echoes voices around the world condemning elder abuse, neglect and exploitation.
The COVID-19 pandemic has created unprecedented challenges for our country and the world, but among those most severely affected by the threat of the novel virus are our senior citizens. During this time when seniors are isolated from their families and loved ones by social distancing and quarantine restrictions, bad actors have immediately exploited this international tragedy to prey on the elderly through a whole host of scam and fraud schemes. As the world takes this day to remember the elderly during these uncertain times, the Department of Justice remains relentlessly committed, through its department-wide Elder Justice Initiative, to prevent and prosecute fraud on America’s seniors.
“Fraud and abuse against the elderly are despicable crimes that target some of the most vulnerable people in our society,” stated U.S. Attorney Louis V. Franklin, Sr., from the Middle District of Alabama. “Criminals often take advantage of victims because of advanced age or illness, especially during times of crisis, and they are working overtime to stir up the health and financial fears we all are experiencing. I encourage everyone to remain diligent to avoid being victimized, and to check in on at-risk family members and friends regularly. Early detection of fraudulent activity provides the best chance of mitigating losses and identifying the perpetrator.”
In a recent case prosecuted in the Middle District of Alabama, Montreal Holley, a former Regions Bank employee, was sent to prison for taking advantage of an elderly customer and convincing her to trust only him to handle her money. In just a few months, he managed to swindle her out of over $300,000. Thankfully, bank investigators quickly identified the criminal activity and worked with federal agents to bring him to justice. In February of this year, Holley was sentenced to 37 months in prison and was ordered to pay restitution to Regions Bank, which had credited all the stolen funds back into the customer’s account.
The Department will aggressively prosecute fraudsters exploiting the Covid-19 pandemic and targeting seniors offering them fake testing kits and fake help obtaining stimulus and Paycheck Protection Program Funds. On this day dedicated to recognizing our seniors, the Department of Justice sends a strong message that we continue the fight to keep seniors safe a top priority.
Earlier this year Attorney General Barr declared “Prevention and Disruption of Transnational Elder Fraud” to be an Agency Priority Goal, making it one of the Department’s four top priorities.
Major strides have already been made to that end:
- National Elder Fraud Hotline: 833-FRAUD-11
Earlier this year Attorney General Barr launched a National Elder Fraud Hotline. Staffed by experienced case managers who provide personalized support to callers, the hotline serves to assist elders and caretakers who believe they have been a victim of fraud by reporting and providing appropriate services.
- Transnational Elder Fraud Strike Force: Established in June 2019 to combat foreign elder fraud schemes, the Strike Force is composed of the Department’s Consumer Protection Branch and six U.S. Attorneys’ Offices along with FBI special agents, Postal Inspectors, and numerous other law enforcement personnel. Since its inception, prosecutors in Strike Force districts brought cases against more than 140 sweep defendants.
- Annual Elder Justice Sweep: In March of this year, the Attorney General announced the largest coordinated sweep of elder fraud cases in department history. The Department, together with every U.S. Attorney’s office, charged more than 400 defendants, causing over $1 billion in loss through fraud schemes that largely affected seniors.
- Money Mule Initiative: Since October 2018, the Department and its law enforcement partners began a concentrated effort across the country and around the world to disrupt, investigate, and prosecute money mule activity used to facilitate fraud schemes, especially those victimizing senior citizens. In 2019 actions were taken to halt the conduct of more than 600 domestic money mules, exceeding a similar effort against approximately 400 mules in the previous year.
- Holding foreign-based perpetrators and those that flee the United States accountable: Transnational criminal organizations are targeting our elder population in schemes including mass mailing fraud, grandparent scams, romance scams, lottery and sweepstakes scams, IRS and Social Security Administration imposter scams, and technical-support scams.
For more information on enforcement actions, training and resources, research, and victim services, please visit www.justice.gov/elderjustice.
- National Elder Fraud Hotline: 833-FRAUD-11
Coosa County Man Sentenced to 37 Months in Prison Following Federal Drug ConvictionRead the Press Release
Montgomery, Alabama – On Thursday, June 11, 2020, Deon Gaddis, a 35-year-old man from Goodwater, Alabama, was sentenced to 37 months in prison, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence, Gaddis will be on supervised release for three years. There is no parole in the federal system.
Through various investigative means, law enforcement discovered that Gaddis engaged in the sale of cocaine in Coosa County on December 14, 2017. Following the investigation and referral for federal prosecution, Gaddis was indicted by a grand jury on September 11, 2019 for possession with intent to distribute a controlled substance. He pleaded guilty to the charge on January 9, 2020.
The Drug Enforcement Administration (DEA), the Coosa County Sheriff’s Office, the Millbrook Police Department, the Alexander City Police Department, the Goodwater Police Department, and the Alabama Law Enforcement Agency (ALEA) investigated this case, with assistance from the Federal Bureau of Investigation. Assistant United States Attorneys Kevin Davidson and Robert Nichols prosecuted the case.
Montgomery Woman Receives 15-Month Sentence after Stealing Approximately $250,000 from Retired Educators AssociationRead the Press Release
Montgomery, Alabama – On Tuesday, June 9, 2020, a Montgomery, Alabama resident, Vicki Lott Rohan, 56, received a 15-month sentence for committing wire fraud, announced United States Attorney Louis V. Franklin, Sr. and FBI Special Agent in Charge James Jewell. The sentence and conviction were the results of Rohan embezzling, over a seven-year period, approximately $250,000.00 from her then-employer, the Alabama Education Retirees Association (AERA).
According to court documents, the AERA is a lobbying and political action organization based in Montgomery, Alabama. Its mission is to advocate for the interests of retired public educators and it receives funding through dues paid by its members.
For many years, Rohan worked for the AERA as its bookkeeper. In that position, she had access to an organization credit card and the ability to write checks in the name of the association’s director. Rohan used the AERA credit card and checkbook to spend money on personal expenses until the AERA uncovered the activity in 2018. The investigation that followed revealed that Rohan had illegally spent roughly $250,000.00 of the AERA’s money on herself.
At the sentencing hearing, both the former and current directors of the AERA addressed the court. Former director Janice Charlesworth said, “Dues of $35 per retiree may seem like an inconsequential amount to some. For retirees on a fixed income who have not received cost of living increases in their benefits for over ten years, the sacrifices to pay their dues were significant to them. The amount embezzled [amounted to] over a quarter of the annual budget to AERA, and it should not be taken lightly. Retirees put their trust in AERA and Ms. Rohan violated that trust.” The current director Jill Jackson said, “[Rohan] stole from an association who receives dues money from senior citizens living on fixed incomes.” Jackson also noted that Rohan “knew of these people and the condition of their limited finances.”
“The retired educators of Alabama counted on Ms. Rohan and the other employees of the AERA to advocate on their behalf,” stated United States Attorney Franklin. “Ms. Rohan’s actions limited the AERA’s ability to perform its critical mission and risked harming the interests of all of the organization’s dues-paying members. The sentence imposed in this case is a reflection of the simple fact that taking what does not belong to you is a crime and it will be punished.”
“The men and women of the FBI will continue to work tirelessly to bring justice to the victims of fraud and theft,” said FBI Special Agent in Charge James Jewell. “This sentence sends a clear message to those in trustworthy positions, theft will not be tolerated.”
The Federal Bureau of Investigation investigated this case. Assistant United States Attorneys Jonathan S. Ross and Alice S. LaCour prosecuted the case.
Leader of Coffee County Drug Trafficking Organization SentencedRead the Press Release
Montgomery, Alabama – On June 9, 2020, Bryant Dewayne Pouncy, a 47 year old resident of Enterprise, Alabama, was sentenced to serve 360 months in prison for conspiracy to distribute methamphetamine, distribution of methamphetamine, conspiracy to maintain a drug-involved premises, maintaining a drug “stash house,” and being a felon in possession of a firearm, announced United States Attorney Louis V. Franklin, Sr. and FBI Special Agent in Charge James Jewell. Following his 30-year prison sentence, Pouncy will be on supervised release for ten years.
The investigation began in July 2016 after the FBI shifted its focus from another drug organization operating in Houston County. Through the authorized interception of telephone calls and text messages, controlled purchases of methamphetamine, the use of confidential sources of information, and other investigative means, law enforcement learned that Bryant Pouncy was in a leadership role in the conspiracy, using his co-defendants—some of them family members—to assist in carrying out his drug trafficking business. Evidence gathered during the investigation indicates the organization was responsible for obtaining wholesale amounts of methamphetamine for distribution in South Alabama and the Florida Panhandle.
According to the superseding indictment, the drug conspiracy continued until sometime in January 2018. It is difficult to know precisely how much methamphetamine the organization was responsible for distributing during its operation. However, during the sentencing hearing, law enforcement testified that at least 12 kilograms could be linked to it from March to October of 2017, with Pouncy being directly responsible for acquiring five kilos.
The federal guidelines called for a significant sentence in this case due to a number of factors, including the offense level of the drug charges, Pouncy’s prior criminal history, and his leadership role in the drug trafficking organization. The sentencing judge determined that Pouncy was responsible for directing the business affairs of the organization, giving orders to co-conspirators, and recruiting members to assist with operations, including his sister. 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 97 to 98 per cent pure. This more potent form of methamphetamine is often called “ice” and resulted in a substantial enhancement being applied to his sentence.
The following eight other members of the organization were previously sentenced:
- Antonio Tyrell Pouncey— 41 year old from Enterprise, Alabama. On January 14, 2020, he was sentenced to 210 months’ imprisonment, to be followed by ten years of supervised release for conspiracy to distribute methamphetamine;
- Ervin Gene Bradham— 56 year old from Enterprise, Alabama. On July 24, 2019, he was sentenced to 151 months’ imprisonment, to be followed by three years of supervised release for conspiracy to maintain a drug-involved premises and for his active role in running a “stash house” used to sell methamphetamine and marijuana;
- Santos Rivera-Fernandez— 39 year old from Atlanta, Georgia. On July 16, 2019, he was sentenced to 116 months’ imprisonment, to be followed by five years of supervised release for conspiracy to distribute methamphetamine;
- Lynn Renfroe Donaldson— 53 year old from Enterprise, Alabama. On July 11, 2019, she was sentenced to 27 months’ imprisonment, to be followed by three years of supervised release for conspiracy to distribute methamphetamine;
- Rogelio Israel Pimentel — 23 year old residing in Rex, Georgia at the time of his arrest. On July 10, 2019, he was sentenced to 110 months’ imprisonment for conspiracy to distribute methamphetamine. Upon completion of his prison term, he will be remanded to the custody of the Bureau of Immigration and Customs Enforcement for deportation proceedings in accordance with the Immigration and Nationality Act;
- Kimberly Christina Pouncy— 30 year old from Enterprise, Alabama. On July 10, 2019, she was sentenced to 30 months’ imprisonment, to be followed by three years of supervised release for conspiracy to distribute methamphetamine;
- Dennis Reinaldo Peralta— 39 year old from Lawrenceville, Georgia. On June 26, 2019, he was sentenced to 151 months’ imprisonment, to be followed by five years of supervised release for conspiracy to distribute methamphetamine.
- Charles Earl Pouncy— 73 year old from Enterprise, Alabama. On May 29, 2019, he was sentenced to three years of probation for being a felon in possession of a firearm.
All defendants except Dennis Peralta pleaded guilty to the charges. Peralta was convicted after a trial that concluded on March 28, 2019. An additional member of the organization was initially charged as well. However, his whereabouts are unknown.
“Methamphetamine continues to be the number one drug threat in Alabama and is often linked to numerous property crimes, violent crimes, and deaths each year,” stated U.S. Attorney Franklin. “Due to its purity, the meth, or “ice,” that was being imported in this case, was even more dangerous and addictive. Make no mistake, this organization was bringing in a deadly drug and spreading it through our communities. The significant sentences handed down by the court illustrate the serious threat that the drugs represent, and they also show what can be accomplished when federal, state and local law enforcement work together.”
“This case, and its successful result, is a prime example of how the FBI continues to work with its state, local, and federal partners to stop this poison from reaching our streets,” stated FBI Special Agent in Charge James Jewell. “This is proof that all investigative methods will be used to keep our communities safe.”
These cases were investigated by the Federal Bureau of Investigation (FBI), the Enterprise Police Department, the Dothan Police Department, the Ozark Police Department, the Houston County Sheriff’s Office, the Coffee County Sheriff’s Office, and the Alabama Law Enforcement Agency (ALEA), with assistance from the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Homeland Security Investigations (HSI), the United States Marshals Service, the Georgia State Police, the Clayton County, Georgia Sheriff’s Office, and the Washington County, Florida Sheriff’s Office. Assistant United States Attorneys Curtis Ivy, Bradley Bodiford, Brett Talley, and Randolph Neeley prosecuted the cases.
Samson Man Sentenced to Five Years in Prison Following Federal Drug Distribution ConvictionsRead the Press Release
Montgomery, Alabama – On Tuesday, June 9, 2020, Derrick Lomont Hornsby, Jr., a 25-year-old man from Samson, Alabama, was sentenced to 60 months in prison, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence, Hornsby will be on supervised release for three years. There is no parole in the federal system.
According to court records, on July 3, 2018, the Samson Police Department was responding to a disturbance call at an apartment complex. When officers arrived, they noticed that the door of an adjoining apartment—where Hornsby resided— was damaged and appeared to have been forcibly opened. Officers entered the apartment to investigate further and found methamphetamine and marijuana. More drugs were found in Hornsby’s car. On December 4, 2019, a federal grand jury indicted Hornsby on two counts of possession of a controlled substance with intent to distribute. He pleaded guilty to both charges on February 24, 2020.
The Samson Police Department and the Drug Enforcement Administration (DEA) investigated this case, with assistance from the Alabama Department of Forensic Sciences. Assistant United States Attorney Kevin Davidson prosecuted the case.
Montgomery Man Sentenced to 60 Months in Prison Following Federal Gun ConvictionRead the Press Release
Montgomery, Alabama – On Monday, June 1, 2020, Steven Pruitt, Jr., a 36-year-old man from Montgomery, Alabama, was sentenced to 60 months in prison, announced United States Attorney Louis V. Franklin, Sr. Following his five-year prison sentence, Pruitt will be on supervised release for three years. There is no parole in the federal system.
According to court records, on June 20, 2017, officers from the Montgomery Police Department were conducting a search of Pruitt’s residence because he was suspected of selling marijuana out of his house. While conducting the search, they found marijuana and discovered that Pruitt was carrying a handgun. He was indicted by a federal grand jury in March of 2018 and was scheduled for a trial on June 24, 2019. However, he failed to show up for his day in court. The United States Marshals Service located Pruitt in Massachusetts about a month later and returned him to the Middle District of Alabama. In December of 2019, Pruitt pleaded guilty to possessing a firearm in furtherance of a drug trafficking crime.
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 Attorneys Kevin Davidson, Thomas Govan, and Eric Counts prosecuted the case.
Barbour County Man Sentenced to 63 Months in Prison Following Federal Firearm and Explosive Device ConvictionsRead the Press Release
Montgomery, Alabama – On Wednesday, May 27, 2020, Bobby Wayne Williams, a 45-year-old resident of Clio, Alabama, was sentenced to 63 months in prison after pleading guilty to being a felon in possession of a firearm and possession of an explosive device, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence, he will serve three years of supervised release.
According to court records, on September 19, 2018, detectives from the Barbour County and Dale County Sheriff’s Offices were investigating the robbery of a Dale County man. Information provided by the victim led them to Williams’ residence in Barbour County. When law enforcement went to talk to Williams at his home, he tried to flee but was immediately apprehended. When he was taken into custody, officers discovered Williams had a handgun in his pocket. Afterwards, law enforcement obtained a search warrant for his house and they found seven more firearms inside his bedroom. Williams is a convicted felon and is prohibited from possessing the firearms.
Later, on March 19, 2019, while investigating a homicide involving another suspect, Dale County detectives discovered a destructive device that was built from a modified training grenade that had been wrapped with metal shrapnel secured in place with tape. They requested assistance from ATF to analyze the device and discovered that Williams’ fingerprint was on the tape used to make the device.
Williams was initially indicted by a federal grand jury for being a felon in possession of eight firearms in March of 2019 and he has been in federal custody since April 9, 2019. After the second investigation linked him to the explosive device, he was charged for that crime in October 2019. He pleaded guilty to both charges on January 2, 2020.
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. Assistant United States Attorney Russell Duraski prosecuted the case.
Montgomery Man Pleads Guilty to Possession of Child PornographyRead the Press Release
Montgomery, Alabama – On Wednesday, May 20, 2020, Charles Bennett Salter III, a 38-year-old resident of Montgomery, Alabama, pleaded guilty to possession of child pornography, announced United States Attorney Louis V. Franklin, Sr.
According to court records, in February 2018, an agent from the Alabama Law Enforcement Agency (ALEA) discovered online activity that caused him to suspect Salter was using a file sharing program to obtain images and videos containing child pornography. On March 15, 2018, law enforcement executed a search warrant on his residence in Montgomery and seized multiple electronic devices. When agents analyzed the devices, they found more than 3,000 images and 86 videos of child porn. The images were also examined by the National Center for Missing and Exploited Children (NCMEC), which identified more than 1500 images with known victims. Law enforcement is not aware of any victims in the local area.
During his detention hearing in December, more details from the search of Salter’s residence surfaced. In addition to the illegal images and videos discovered on his electronic devices, agents found numerous female dolls of various sizes, children’s underpants, and white duct tape in his bedroom. Investigators also found over 400 additional images of children on Salter’s cell phone. These images were not pornographic, but were of clothed minors taken at various public places, such as stores and restaurants. The photos appeared to have been taken without the minors’ knowledge.
Salter’s 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.
“Protecting our children is one of law enforcement’s most important responsibilities,” stated U.S. Attorney Franklin. “Those who possess and share child pornography are predators who prey on children and rob them of their innocence. While we cannot fully restore what is lost, we can make sure that justice is served upon those who abuse children. Salter’s crimes are disturbing, and I am grateful that we could work together with our law enforcement partners to stop him before he could inflict more harm.”
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 are prosecuting the case.
Auburn Man Sentenced to 27 Months in Prison for Federal Gun ConvictionRead the Press Release
Montgomery, Alabama – On Wednesday, May 13, 2020, Derek Antoine Hamel, a 28-year-old man from Auburn, Alabama, was sentenced to 27 months in prison, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence, Hamel will be on supervised release for three years. There is no parole in the federal system.
According to court records, on September 11, 2019, Kelley was indicted by a federal grand jury for being a felon in possession of a Ruger, model LC9, 9mm pistol. Because he had a previous felony conviction, he was prohibited from possessing the firearm. The allegation in the indictment was based on an encounter Hamel had on September 12, 2018 when Auburn police officers responded to a disturbance call. Hamel pleaded guilty to the charge on February 6, 2020. Related state charges are still pending.
In pronouncing the sentence, U.S. District Judge Emily C. Marks stated that Hamel’s possession of the firearm, knowing that he was a convicted felon, showed a lack of respect for the law. She also stated that using the gun during the incident to intimidate others showed a disregard for their safety, as well as his own.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Auburn Police Division investigated this case. Assistant United States Attorneys Brandon Bates and Alice LaCour prosecuted the case.
U.S. Attorney Louis V. Franklin, Sr. Recognizes Law Enforcement During Police WeekRead the Press Release
Montgomery, Alabama — In honor of National Police Week, U.S. Attorney Louis V. Franklin, Sr. joins the Department of Justice and our federal, state, county, local and tribal partners in recognizing the service and sacrifice of the law enforcement community, particularly the law enforcement officers who lost their lives in the line of duty in 2019. The week will be observed Sunday, May 10 through Saturday, May 16, 2020.
“There is no more noble profession than serving as a police officer,” said Attorney General William P. Barr. “The men and women who protect our communities each day have not just devoted their lives to public service, they’ve taken an oath to give their lives in order to ensure our safety. And they do so not only in the face of hostility from those who reject our nation’s commitment to the rule of law, but also in the face of evolving adversity – such as an unprecedented global health pandemic. This week, I ask all Americans to join me in saying ‘thank you’ to our nation’s federal, state, local, and tribal law enforcement officers. Their devotion and sacrifice to our peace and security will not be taken for granted.”
“Law enforcement officers play an essential part in the strength and prosperity of our nation,” stated U.S. Attorney Louis V. Franklin, Sr. “Each day numerous brave men and women honorably serve their communities on the front lines fighting crime and violence, while placing their own lives at risk. Last year far too many officers were killed while simply doing their jobs, including two right here in the Middle District of Alabama. The memory and legacy of Lowndes County Sheriff ‘Big John’ Williams and Auburn Police Officer William Buechner, Jr. will never be forgotten, and we are forever grateful for their service and the sacrifice of their families. This week marks a time for us to honor those we have lost and thank those that are continuing to serve. I encourage everyone 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 underscored law enforcement officers’ courage and unwavering devotion to the communities they swore to serve.
Based on data collected and analyzed by the FBI’s Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 89 law enforcement officers died nationwide in the line of duty in 2019, including seven officers here in Alabama.
Comprehensive data tables about these incidents and brief narratives describing most of the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2019.
The names of the fallen officers who have been added in 2020 to the wall at the National Law Enforcement Memorial will be read on Wednesday, May 13, 2020, during a Virtual Annual Candlelight Vigil. Because public events have been suspended as a result of COVID-19, the vigil will be livestreamed to the public at 7:00 pm (CDT). The online event can be viewed at https://www.youtube.com/user/TheNLEOMF.
Pike County Man Sentenced to 40 Months in Prison for Federal Gun ChargeRead the Press Release
Montgomery, Alabama – On Friday, May 8, 2020, Calvin Lee Morris, a 34-year-old man from Banks, Alabama, was sentenced to 40 months in prison for being a felon in possession of a firearm, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence, Morris will be on supervised release for three years. There is no parole in the federal system.
According to court records, on February 2, 2018, Morris was standing in the parking lot of Walter’s Grocery in Bullock County, Alabama and fired several shots at a man in a vehicle as he was driving away from the store. Although multiple rounds were found in the man’s car, including one in the headrest, he was not injured in the shooting. Surveillance camera footage recovered from the store confirmed that Morris was the gunman. Morris was arrested on February 21, 2018 in Banks, Alabama with assistance from the Gulf Coast Regional Fugitive Task Force. During the arrest, officers discovered Morris was in possession of a loaded 9mm pistol, which was found to be the same pistol used to shoot at the man’s car at Walter’s Grocery. During the sentencing hearing, it was revealed that Morris has an extensive criminal history and has had a number of previous encounters with law enforcement that indicate violent tendencies.
Morris was indicted by a federal grand jury in October 2019 on one count of possession of a firearm by a convicted felon. He pleaded guilty to that charge on December 18, 2019. Additional state charges related to the shooting are pending.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Barbour County Sheriff’s Office, the Bullock County Sheriff’s Office, the Eufaula Police Department, the Pike County Sheriff’s Office, the Troy Police Department, and the United States Marshals Service (USMS) investigated this case, with assistance from the District Attorney’s Office for the 3rd Judicial Circuit. Assistant United States Attorney Verne Speirs prosecuted the case.
Pinson Man Sentenced to 115 Months in Prison for Federal Gun Charge Stemming from Events in Chilton CountyRead the Press Release
Montgomery, Alabama – On Thursday, May 7, 2020, Johnathan Scott Kelley, a 31-year-old man from Pinson, Alabama, was sentenced to 115 months in prison for the illegal possession of a firearm, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence, Kelley will be on supervised release for three years. There is no parole in the federal system.
According to court records, on September 11, 2019, Kelley was indicted by a federal grand jury for being a felon in possession of a .22 caliber pistol. Having a previous felony conviction, he was prohibited by federal law from possessing the firearm. The allegation in the indictment was based on encounters Kelley had on June 29, 2018 and July 5, 2018 with law enforcement in Chilton County. Kelley pleaded guilty to the charge on January 21, 2020.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Chilton County Sheriff’s Office investigated this case, with assistance from the Jemison Police Department and the Montgomery County Sheriff’s Office. Assistant United States Attorney Brandon Bates prosecuted the case.
Montgomery Man Sentenced to 30 Months in Prison for Federal Gun and Drug ChargesRead the Press Release
Montgomery, Alabama – On Thursday, April 30, 2020, Rodricas Antwan Nelson, a 40-year-old man from Montgomery, Alabama, was sentenced to 30 months in prison for federal gun and drug charges, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence, Nelson will be on supervised release for three years. He was also ordered to pay a fine of $1,000.00. There is no parole in the federal system.
According to court records, on April 10, 2018, officers with the Montgomery Police Department responded to a disturbance call at a convenience store on South Court Street after Nelson began arguing with the clerk about whether he had stolen beer when he came into the store earlier that evening. When officers arrived at the scene, Nelson fled from the store but was captured after a brief foot chase. Video surveillance from the store cameras showed that Nelson removed a handgun from his clothing and put it in a nearby ice cooler just before the police arrived. When they looked in the cooler, officers found a .380 caliber pistol. Nelson is a convicted felon and is prohibited from possessing a firearm. Following his arrest, officers conducted an inventory search of the vehicle Nelson had driven to the store and found methamphetamine.
After the investigation was complete, a federal grand jury indicted Nelson for being a felon in possession of a firearm and possession of methamphetamine. He pleaded guilty to both charges on January 23, 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. Assistant United States Attorney Thomas Govan prosecuted the case.
Evergreen Man Sentenced to Four Years in Prison for Federal Gun Charge Out of Covington CountyRead the Press Release
Montgomery, Alabama – On Wednesday, April 29, 2020, Mitchell Evan Gandy, a 32-year-old man from Evergreen, Alabama, was sentenced to 48 months in prison for being a felon in possession of a firearm, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence, Gandy will be on supervised release for three years.
Gandy was indicted by a federal grand jury in August 2018 on one count of possession of a firearm by a convicted felon. He pleaded guilty to that charge on January 29, 2020.
According to court records, on February 14, 2018, a deputy stopped Gandy for speeding while he was traveling in Covington County. When the deputy approached to speak to the driver, he detected a strong smell of marijuana coming from inside the vehicle and asked him to step out of the car. When law enforcement officers searched the vehicle, they found two handguns— a Glock 9mm and a Zastava 7.62mm. Gandy has multiple felony convictions and is prohibited from possessing a firearm.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Covington County Sheriff’s Office investigated this case. Assistant United States Attorney Joshua Wendell prosecuted this case.
Three Alabama U.S. Attorneys Announce $9,645,679.00 Award to Address Covid-19 PandemicRead the Press Release
Montgomery, Alabama – United States Attorney Louis V. Franklin, Sr., for the Middle District of Alabama, United States Attorney Jay E. Town, for the Northern District of Alabama, and United States Attorney Richard W. Moore, for the Southern District of Alabama, are pleased to announce that the state has received $9,645,679.00 in Department of Justice grants to respond to the challenges posed by the outbreak of COVID-19.
The grant is available under the Coronavirus Emergency Supplemental Funding program and was authorized by the recent stimulus legislation signed by President Trump. In addition to the state award, over $4.8 million has been allocated to local agencies throughout Alabama, with $1,182,725.00 being set aside for fifteen jurisdictions here in the Middle District. Those jurisdictions can find out if they are eligible and apply immediately by visiting this website. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications. Jurisdictions not listed for individual allocations may be eligible to apply for part of the state funding through the Alabama Department of Economic and Community Affairs.
“As the coronavirus crisis continues, every day law enforcement officers and first responders knowingly put themselves at risk of exposure as they do their jobs serving and protecting the community,” stated U.S. Attorney Louis V. Franklin, Sr. “This funding will help the State of Alabama and numerous local agencies that are struggling with limited resources to address many critical needs. I encourage all agencies eligible to apply for funding to do so.”
“The COVID- 19 pandemic has created many challenges for law enforcement and our first responders to safely perform important duties,” said Jay E. Town, U.S. Attorney for the Northern District of Alabama. “These funds from DOJ will be used to ensure that our brave men and women of the badge can continue the mission of safeguarding the citizens of our great state.”
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
The law gives jurisdictions considerable latitude in the use of these funds for dealing with COVID-19. Potential uses include hiring personnel, paying overtime, purchasing protective equipment and distributing resources to hard-hit areas. Funds may also be used to help correctional facilities cover costs related to COVID-19, including, but not limited to, sanitation, contagion prevention and measures designed to address the related medical needs of inmates, detainees and correctional personnel.
Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for the emergency funding. Local units of government and tribes will receive direct awards separately according to their jurisdictions’ allocations. For a list of all awards thus far, visit the Coronavirus Emergency Supplemental Funding program webpage.
U.S. Attorney for the Middle District of Alabama and the Department of Justice Commemorates National Crime Victims’ Rights WeekRead the Press Release
Montgomery, Alabama – United States Attorney Louis V. Franklin, Sr. joins the Department of Justice and communities nationwide in observing National Crime Victims’ Rights Week, celebrating victims’ rights, protections and services throughout the week. This year’s observance takes place April 19-25 and features the theme, “Seek Justice| Ensure Victims' Rights | Inspire Hope.”
“Every year, millions of Americans suffer the shock and trauma of criminal victimization, affecting their well-being and sense of security and dignity,” said Attorney General William P. Barr. “To these victims, we affirm our unwavering commitment to supporting them in their hour of need. We also commend the thousands of victim advocates and public safety professionals who labor tirelessly to secure victims’ rights and support survivors.”
“Law Enforcement is sworn to serve and protect,” stated U.S. Attorney Louis V. Franklin, Sr. “This oath is carried out by protecting the rights of our citizens and by seeking justice for victims of crime. This week we honor those that have been victimized by a crime committed against them, and also the family members and friends that share in their suffering. Their strength and endurance is truly inspiring. We also recognize the tremendous work of victim advocates that are on the front lines battling the tragic consequences of crime and we should never forget that each and every person impacted by crime deserves our support.”
“While we have made tremendous progress driving down crime and violence across the country, far too many Americans continue to suffer the pain and loss of criminal victimization,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs. “This week, we stand by these survivors and their families, and we pledge our ongoing support to the countless men and women who serve them with such extraordinary skill and compassion.”
Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs, and concerns in a prominent spot on the American agenda. He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims. President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.
Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey. The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.
During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services. This year, many communities are organizing virtual gatherings and online public awareness campaigns.
This year’s commemoration began yesterday, 25 years to the day when a truck bomb exploded in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, taking the lives of 168 people, including 19 children, as well as injuring hundreds of others. The mass murder remains the worst act of domestic terrorism in our nation’s history and led to the establishment of the Antiterrorism Emergency Reserve, which is administered by OVC, and has been used to provide direct services to hundreds of victims of mass violence and terrorism.
“Crime victims deserve to know that they have the encouragement and support of the American people,” said OVC Director Jessica E. Hart. “I hope that citizens throughout the nation will take the opportunity this week to remember all victims of crime and their heroic stories of survival. I encourage everyone to also find meaningful ways to express their appreciation to the many committed and compassionate service providers across the country who work tirelessly supporting these survivors.”
This year, the annual National Crime Victims’ Service Awards Ceremony will be postponed until a time when we can honor this year’s award recipients in person. During the ceremony, OVC will present awards recognizing individuals and organizations from across the nation for their outstanding service on behalf of crime victims. The awardees will be selected from public nominations in 11 categories, including federal service, special courage, public policy, and victim services. Visit www.ovc.gov/gallery to learn more about past recipients.
For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: https://ovc.ncjrs.gov/ncvrw2020/overview.html.
An Op-Ed from United States Attorney Louis V. Franklin, Sr.Read the Press Release
With Americans adjusting their daily lives as we work to contain the Coronavirus pandemic, one thing that has not changed is law enforcement’s commitment to pursuing justice and keeping our communities safe. As the United States Attorney for the Middle District of Alabama, I am privileged to work closely with state and local police as well as agents from the FBI, ATF, DEA, United States Marshals Service, and our nation’s other preeminent law enforcement agencies to enforce federal law. Together with my staff of Assistant United States Attorneys and support personnel, we work with these agencies to investigate crimes, arrest those who commit them, and bring those perpetrators to justice in federal court. The job may look different in a pandemic, and it may bring with it an added degree of difficulty, but it hasn’t stopped.
We’ve taken precautions to help do our part to limit the spread of the Coronavirus. Most of my AUSAs are working from home, continuing to advance their cases toward a just end, albeit from a distance. Meetings that were once held in person are held by telephone. Instead of seeing judges on the bench during hearings, we see them on a television screen. Agents have prioritized work that does not require them to personally interact with each other or the public.
But one thing should be absolutely clear, especially to those who would threaten our community or who believe that they can use the Coronavirus as a cover to commit crimes with impunity. We’re still here, and we’re still watching you. Agents will still investigate you. U.S. Marshals will still pursue and arrest you. AUSAs will still prosecute you, and federal judges will still send you to prison if you break the law.
To do that job, we need your help.
There can be a tendency, especially when a crime is committed, for witnesses to do everything they can to avoid being involved or to tell themselves that someone else will take care of the problem. But in these trying times, we need everyone to do their part. If you see a crime committed, report it. If you have information about a crime that has already happened, call our offices and let us know.
And be vigilant in protecting yourselves, especially against fraud. Con artists have never seen a crisis they couldn’t find a way to exploit. Already, we’ve heard reports of fraudsters peddling fake Coronavirus vaccines, hawking counterfeit protective gear, and offering bogus financial schemes related to the passage of Congress’s recent relief legislation. If you receive a phone call or an email offering a product or service during this crisis that seems too good to be true or that you believe is illegal, call our office or the office of the Alabama Attorney General. We are here to serve you. You can also contact the National Center for Disaster Fraud (NCDF) Hotline at 1-866-720-5721 or e-mail them at [email protected].
Of course, those who would take advantage of this crisis are in the minority. What we’ve seen far more across our community and this state are people coming together to help one another. That’s what Americans have always done when we’ve met a challenge, and we haven’t found one yet that we can’t overcome together. The Coronavirus will be no different.
Geneva Man Sentenced to 15 Months in Prison for Federal Gun ChargeRead the Press Release
Montgomery, Alabama – On Tuesday, April 14, 2020, Joshua Gianni Haire, a 21-year-old man from Geneva, Alabama, was sentenced to 15 months in prison for being a felon in possession of a firearm, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence, he will be on supervised release for three years.
According to court records, in late 2018, agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Alabama Law Enforcement Agency (ALEA) became aware that Haire was selling firearms from his home despite being prohibited from possessing them because he was a felon. In December 2018, the agents conducted a controlled buy of a 12-gauge shotgun from Haire and asked if he had any more firearms for sale. Haire stated that he had another shotgun, a Glock model 23 handgun, a Taurus 9mm handgun, and a box of 12-gauge shells available. Haire was ultimately indicted by a federal grand jury in September 2019 on the charge of possession of a firearm by a convicted felon and he pleaded guilty in January of this year.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Alabama Law Enforcement Agency (ALEA) investigated this case. The case was prosecuted by Assistant United States Attorney Brett Talley.
Three Alabama U.S. Attorneys and the Alabama Attorney General Partner to Protect AlabamiansRead the Press Release
Montgomery, Alabama - United States Attorney Louis V. Franklin, Sr. for the Middle District of Alabama, United States Attorney Jay E. Town for the Northern District of Alabama, United States Attorney Richard W. Moore for the Southern District of Alabama, and Alabama Attorney General Steve Marshall, announce they are joining forces to uncover, investigate, prosecute, and dismantle any fraud, price gouging, or scarce material hoarding related to the ongoing coronavirus pandemic.
“Unfortunately, criminals have never seen a crisis that they couldn’t find a way to exploit,” stated U.S. Attorney Louis V. Franklin. “They will use any tragedy or crisis to take advantage of those who are most vulnerable and in need of assistance. I would remind everyone to remain vigilant and always verify offers or claims before making any decision with regard to the COVID-19 pandemic. I stand with my colleagues and will use every tool available to ensure the safety of our citizens.”
“While the crisis has brought out the very best in most Americans, there are those unfortunate exceptions among us that the rule of law will deal with,” U.S. Attorney Jay E. Town said. “There is no daylight between Alabama’s three United States Attorneys and the Alabama’s Attorney General. We will not allow a public health crisis become a public safety crisis, which is why we will continue to share crime intelligence about not only COVID-19 related frauds, but all criminal activities in the Great State.”
“It is critical that our citizens be aware that various frauds are being attempted during this coronavirus pandemic,” U.S. Attorney Richard W. Moore said. “I encourage everyone to read the list of potential scams below and be prepared to exercise common sense caution if you are contacted by anyone pitching anything resembling one of these scenarios. We will vigorously prosecute fraud victimizing the citizens of Alabama, but we prefer that our citizens first exercise prudence and help us avoid becoming unnecessary victims. The U.S. Attorneys and our Alabama Attorney General are dedicated to a coordinated prosecution of those who take advantage of our citizens during this difficult time.”
“I am proud to join with my federal partners as a force multiplier in identifying and holding accountable those criminals who prey upon Alabamians during times of crisis,” said Attorney General Steve Marshall. “Whether through scams targeting a victim’s confidential information or price gouging the public, those who seek to exploit the vulnerable during this time of emergency are on our radar.”
Some examples of Coronavirus and COVID-19 scams include:- Treatment scams: Scammers are offering to sell fake cures, vaccines, and advice on unproven treatments for COVID-19.
- Hoarding and Price Gouging scams: The Department of Health and Human Services (HHS) has designated certain health and medical resources necessary to respond to the COVID-19 pandemic as “scarce,” including respirator masks, ventilators, and other medical protective equipment. These designated materials are subject to the hoarding prevention measures that trigger both criminal and civil remedies.
- Supply scams: Scammers are creating fake shops, websites, social media accounts, and email addresses claiming to sell medical supplies currently in high demand, such as surgical masks. When consumers attempt to purchase supplies through these channels, fraudsters pocket the money and never provide the promised supplies.
- Provider scams: Scammers are also contacting people by phone and email, pretending to be doctors and hospitals that have treated a friend or relative for COVID-19, and demanding payment for that treatment.
- Charity scams: Scammers are soliciting donations for individuals, groups, and areas affected by COVID-19. Be sure to verify the legitimacy of any organization before donating.
- Phishing scams: Scammers posing as national and global health authorities, including the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC), are sending phishing emails designed to trick recipients into downloading malware or providing personal identifying and financial information.
- App scams: Scammers are also creating and manipulating mobile apps designed to track the spread of COVID-19 to insert malware that will compromise users’ devices and personal information.
- Investment scams: Scammers are offering online promotions on various platforms, including social media, claiming that the products or services of publicly traded companies can prevent, detect, or cure COVID-19, and that the stock of these companies will dramatically increase in value as a result. These promotions are often styled as "research reports," make predictions of a specific "target price," and relate to microcap stocks, or low-priced stocks issued by the smallest of companies with limited publicly available information.
- Stimulus Check Scams: Scammers are contacting people via email or phone and are telling them that their check, as part of the stimulus package responding to COVID-19, is already waiting for them and that all they need to do is to provide personal information, such as bank account numbers and social security numbers, which are the key pieces of information needed to perpetrate identity theft.
If you believe you have been a target or victim of a scam or fraud, or have knowledge of any hoarding or price-gouging of critical medical supplies, you can report it without leaving your home to:- National Center for Disaster Fraud Hotline at 1-866-720-5721
- Consumer Interest Division of the Alabama Attorney General’s Office using the online form available at https://www.alabamaag.gov/consumercomplaint, or by calling 1-800-392-5658
Three Alabama U.S. Attorneys and the Alabama Attorney General Partner to Protect AlabamiansRead the Press Release
BIRMINGHAM, Ala. – United States Attorney Jay E. Town for the Northern District of Alabama, United States Attorney Louis V. Franklin for the Middle District of Alabama, United States Attorney Richard W. Moore for the Southern District of Alabama, and Alabama Attorney General Steve Marshall join forces to uncover, investigate, prosecute, and dismantle any frauds, price gouging, or scarce material hoarding related to the ongoing coronavirus pandemic.
“While the crisis has brought out the very best in most Americans, there are those unfortunate exceptions among us that the rule of law will deal with,” U.S. Attorney Jay E. Town said. “There is no daylight between Alabama’s three United States Attorneys and the Alabama’s Attorney General. We will not allow a public health crisis to become a public safety crisis, which is why we will continue to share crime intelligence about not only COVID-19 related frauds, but all criminal activities in the Great State.”
“Unfortunately, criminals have never seen a crisis that they couldn’t find a way to exploit,” U.S. Attorney Louis V. Franklin said. “They will use any tragedy or crisis to take advantage of those who are most vulnerable and in need of assistance. I would remind everyone to remain vigilant and always verify offers or claims before making any decision with regard to the Covid-19 pandemic. I stand with my colleagues and will use every tool available to ensure the safety of our citizens.”“It is critical that our citizens be aware that various frauds are being attempted during this coronavirus pandemic,” U.S. Attorney Richard W. Moore said. “I encourage everyone to read the list of potential scams below and be prepared to exercise common sense caution if you are contacted by anyone pitching anything resembling one of these scenarios. We will vigorously prosecute fraud victimizing the citizens of Alabama, but we prefer that our citizens first exercise prudence and help us avoid becoming unnecessary victims. The U.S. Attorneys and our Alabama Attorney General are dedicated to a coordinated prosecution of those who take advantage of our citizens during this difficult time.”
“I am proud to join with my federal partners as a force multiplier in identifying and holding accountable those criminals who prey upon Alabamians during times of crisis,” said Attorney General Steve Marshall. “Whether through scams targeting a victim’s confidential information or price gouging the public, those who seek to exploit the vulnerable during this time of emergency are on our radar.”
Some examples of coronavirus and COVID-19 scams include:
• Treatment scams: Scammers are offering to sell fake cures, vaccines, and advice on unproven treatments for COVID-19.
• Hoarding and Price Gouging scams: The Department of Health and Human Services (HHS) has designated certain health and medical resources necessary to respond to the COVID-19 pandemic as “scarce,” including respirator masks, ventilators, and other medical protective equipment. These designated materials are subject to the hoarding prevention measures that trigger both criminal and civil remedies.
• Supply scams: Scammers are creating fake shops, websites, social media accounts, and email addresses claiming to sell medical supplies currently in high demand, such as surgical masks. When consumers attempt to purchase supplies through these channels, fraudsters pocket the money and never provide the promised supplies.
• Provider scams: Scammers are also contacting people by phone and email, pretending to be doctors and hospitals that have treated a friend or relative for COVID-19, and demanding payment for that treatment.
• Charity scams: Scammers are soliciting donations for individuals, groups, and areas affected by COVID-19.
• Phishing scams: Scammers posing as national and global health authorities, including the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC), are sending phishing emails designed to trick recipients into downloading malware or providing personal identifying and financial information.
• App scams: Scammers are also creating and manipulating mobile apps designed to track the spread of COVID-19 to insert malware that will compromise users’ devices and personal information.
• Investment scams: Scammers are offering online promotions on various platforms, including social media, claiming that the products or services of publicly traded companies can prevent, detect, or cure COVID-19, and that the stock of these companies will dramatically increase in value as a result. These promotions are often styled as "research reports," make predictions of a specific "target price," and relate to microcap stocks, or low-priced stocks issued by the smallest of companies with limited publicly available information.
• Check Scams: Scammers are contacting people over email and are telling them that their check, as part of the stimulus package responding to COVID-19, is already waiting for them and that all they need to do is to provide personal information, such as bank account numbers and Social Security Numbers, which are the key pieces of information needed to perpetrate identity theft.
If you believe you have been a target or victim of a scam or fraud or have knowledge of any hoarding or price-gouging of critical medical supplies, you can report it without leaving your home to:
• National Center for Disaster Fraud Hotline at 1-866-720-5721 or via email at [email protected]
• Consumer Interest Division of the Alabama Attorney General’s Office using the online form available at https://www.alabamaag.gov/consumercomplaint, or by calling 1-800-392-5658U.S. Attorney Urges the Public to Report Suspected Covid-19 FraudRead the Press Release
Montgomery, Alabama – Today, U.S. Attorney Louis V. Franklin, Sr. of the Middle District of Alabama urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or to the NCDF e-mail address [email protected].
In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes.
Some examples of these schemes include:
- Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
- Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
- Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
- Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
- Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.
In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities. The Middle District of Alabama Coronavirus Fraud Coordinator is Assistant United States Attorney Thomas Govan.
The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes. The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.
To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.
Medical Practice to Pay $425,000 to Settle False Claims Act AllegationsRead the Press Release
Montgomery, AL – On Monday, March 16, 2020, Mulberry Medical Associates, P.C. agreed to pay $425,000 in a civil settlement to resolve allegations that it violated the False Claims Act, announced Acting United States Attorney Sandra J. Stewart. The alleged false claims involved the importation and distribution of foreign, non-Food and Drug Administration (FDA) approved pharmaceutical products prohibited under the Food, Drug, and Cosmetic Act.
Mulberry Medical Associates, P.C. is a group medical practice in Montgomery, Alabama, which specializes in internal medicine.
The government’s investigation revealed that Mulberry Medical Associates purchased and administered certain unlicensed and foreign-made pharmaceutical products, or “subject products,” that were meant to be distributed only in foreign markets. These subject products were less expensive than their FDA counterparts marketed in the United States and included versions of Orthovisc, Supartz, Prolia, and Aclasta, which are used to treat patients with osteoarthritis and osteoporosis.
The settlement addresses allegations that, from September 2011 through March 2017, Mulberry Medical Associates knowingly submitted false claims for and related to the use of the subject products to Medicare, Medicaid and the Federal Employees Health Benefits Program (FEHBP). Federal health care programs reimburse for prescription drugs at a set rate based on the average sales price of the respective FDA approved, physician-administered drug in the United States. Therefore, Mulberry Medical Associates was able to profit from the margin between the reimbursement rates received based on FDA approved drugs, and the lower amounts paid for the unauthorized subject products. The United States contends that the subject products were not eligible for reimbursement by the federal health care programs because they had not received final marketing approval from the FDA.
“This settlement shows that the United States government is working to identify companies that place profit ahead of patient safety, and hold them accountable,” stated Acting U.S. Attorney Stewart. “Maximizing revenues by skirting regulations that are designed to protect patients has no place in our healthcare system. Companies should never allow financial considerations to influence their decision-making process when the health and welfare of the American citizen is at stake.”
“Doctors are entrusted with caring for their patients and obtaining and using safe, U.S. approved drugs on their patients,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “Mulberry Medical Associates put their financial gain above the health and safety of local residents. HHS-OIG continues to focus resources on those who obtain and use unapproved drugs on patients. Patient safety is a top priority.”
“The OPM OIG will always prioritize protecting patients from harm,” said Thomas W. South, Deputy Assistant Inspector General for Investigations, OPM OIG. “The use of unapproved drugs on patients will not be tolerated and we will always devote our resources to holding these unscrupulous providers accountable.”
This Affirmative Civil Enforcement (ACE) matter was investigated by the U.S. Department of Health and Human Services-Office of Inspector General, the U.S. Office of Personnel Management-Office of Inspector General, the U.S. Food and Drug Administration-Office of Criminal Investigations, and the Health Care Fraud Investigator of the U.S. Attorney’s Office. The United States was represented by Assistant United States Attorney Stephen D. Wadsworth of the Office’s Civil Division.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Married Couple Indicted on Federal ChargesRead the Press Release
Montgomery, Alabama – On Friday, March 13, 2020, Richard Herbert Smith and Mellissa Stacy Ann Smith, of Wetumpka, Alabama, were arrested and made their initial appearance in court after being indicted by a federal grand jury. Mellissa Smith is listed as the owner of the Island Delight Caribbean Restaurant in Montgomery.
The indictment charges Richard Smith with conspiracy to distribute a controlled substance, possession of cocaine with intent to distribute, possessing a firearm in relation to a drug trafficking crime, and money laundering. Mellissa Smith was indicted on one count of money laundering.
If convicted of all charges, Richard Smith faces a maximum sentence of 25 years in prison, whereas Mellissa Smith is facing up to 20 years.
An indictment merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt. Mellissa Smith was released after her court appearance on Friday. Richard Smith is being held in the custody of the United States Marshal Service pending a detention hearing this week.
This case was investigated by the Drug Enforcement Administration (DEA) and the Montgomery Police Department, with assistance from the Prattville Police Department and the Alabama National Guard Counterdrug program. Assistant United States Attorney Curtis Ivy is prosecuting the case.
Geneva County Man Sentenced to More Than Nine Years in Prison for Federal Gun ChargesRead the Press Release
Montgomery, Alabama – On Wednesday, February 26, 2020, Jermaine Dale Jones, a 35-year-old man from Geneva County, Alabama, was sentenced to 112 months in prison for federal firearms charges, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence, Jones will be on supervised release for three years.
In November 2019, Jones pleaded guilty to charges of being a felon in possession of a firearm and possession of a firearm in connection with a drug trafficking crime. The charges arose out of two separate incidents.
According to court records, on May 20, 2018, officers in Enterprise, Alabama responded to a call about a man arguing with others and waving a firearm outside the window of a green Ford F-150 pickup truck near a local restaurant. When officers arrived at the location described by the caller, they observed two individuals sitting in a tan Chevy Tahoe. The officers approached the vehicle to speak to the occupants and saw the handle of a pistol next to Jones, who was in the passenger seat. Further investigation revealed there were two other firearms inside the vehicle and that Jones had purchased the weapons from the man who had been in the green F-150. Jones, who is a convicted felon, was indicted by a federal grand jury in February 2019 for being a felon in possession of a firearm.
On February 21, 2019, the United States Marshals Service and Gulf Coast Regional Fugitive Task Force officers went to Jones's residence in Geneva County to arrest him on the felon in possession of a firearm charge. During the arrest, officers saw marijuana and a handgun in plain view. A search warrant was obtained for the house and, during the search, drugs and additional firearms were found. Among the drugs seized were clonazepam, alprazolam, marijuana, hydrocodone, and methamphetamine hydrochloride. As a result of these discoveries, Jones was further charged with possession of a firearm in connection with a drug trafficking crime.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Enterprise Police Department, and the United States Marshals Service (USMS) investigated this case. Assistant United States Attorney Robert Nichols prosecuted this case.
Dothan Man Sentenced to More Than 11 Years in Prison for Federal Drug and Gun ChargesRead the Press Release
Montgomery, Alabama – On Wednesday, February 26, 2020, Joshua Drake Howard, a 36-year-old resident of Dothan, Alabama, was sentenced to 140 months in prison for federal drug and firearms related charges, announced United States Attorney Louis V. Franklin, Sr., FBI Special Agent in Charge James Jewell, and Dothan Police Chief Steven Parrish. Following his prison sentence, Howard will be on supervised release for five years.
In November 2019, Howard pleaded guilty to charges of possession with intent to distribute methamphetamine, possession of a firearm in connection with a drug trafficking crime, and possession of a firearm with an obliterated serial number.
According to court records, in February 2018 the FBI and the Dothan Police Department received information that Howard would be travelling to Phenix City, Alabama to pick up methamphetamine and then return to Dothan. On February 22, 2018, officers were observing Howard during his return trip from Phenix City. As he was driving through Headland, Alabama, Howard stopped at a local fast food restaurant, ordered at the drive-through window, and parked to eat his meal. Officers approached him and asked him to get out of the vehicle. When he did, they saw a handgun in the door pocket and found crystal meth in his pants pocket. The officers then searched the truck and found a tactical bag containing more methamphetamine, a digital scale, small empty plastic bags, another handgun, and ammunition.
Just a few months later, on July 13, 2018, Dothan police officers pulled Howard over for a traffic violation and discovered he was in possession of a firearm with an obliterated serial number.
Before announcing his sentence, the judge stated that Howard had a significant criminal history that was concerning and could not be overlooked.
“Selling drugs and carrying guns is a deadly combination that puts us all in danger,” stated U.S. Attorney Franklin. “Dealers like Joshua Howard use firearms to protect their drugs and money, with no regard for the safety of our neighborhoods, our children, or anyone but themselves. My office will continue to work with all of our law enforcement partners to identify, investigate, and prosecute anyone that endangers our communities with this type of reckless, criminal behavior.”
FBI SAC James Jewell stated, “there is nothing but evil in the combination of illegal narcotics and firearms. These people have no issue selling this poison to our children and protecting their drug proceeds with firearms that are often stolen, or as in this case, have an obliterated serial number. The FBI remains committed to assist our state, local, and federal partners in this arena.”
“The Dothan Police Department appreciates the working relationship we have with our federal partners,” said Dothan Police Chief Steven Parrish. “This sentencing was possible because of the collaborative efforts of multiple agencies and shows the value of combining our resources to combat crime.”
The Federal Bureau of Investigation (FBI) and the Dothan Police Department investigated this case, with assistance from the Headland Police Department. Assistant United States Attorney Brandon Bates prosecuted this case.
Two Men Sentenced to Federal Prison for Multiple Armed RobberiesRead the Press Release
Montgomery, Alabama – Two men were recently sentenced to federal prison for committing multiple armed robberies across central Alabama, announced U.S. Attorney Louis V. Franklin, Sr.
On January 29, 2020, Marcus Greathouse, 41, a resident of Opelika, Alabama, was sentenced to 72 months in prison, to be followed by three years of supervised release. Then, on February 20, 2020, Branden Tyrone Matthews, 32, a resident of Camp Hill, Alabama, was sentenced to 92 months imprisonment and will serve three years of supervised release as well. Matthews was also ordered to pay $11,206.29 in restitution. The restitution amount for Greathouse will be determined later. There is no parole in the federal system.
According to court documents, Matthews went on a robbery spree in 2018 that spanned eight Alabama counties over an eight-month period. The following ten robberies were committed, with Greathouse participating in three.
- January 26, 2018- O’Reilly Auto Parts, Auburn, Alabama;
- June 20, 2018- Auto Zone, Alexander City, Alabama;
- July 13, 2018- Auto Zone, Opelika, Alabama;
- July 25, 2018- Auto Zone, Eufaula, Alabama;
- July 28,2018- O’Reilly Auto Parts, Tallassee, Alabama;
- July 30, 2018- Dollar General, Hurtsboro, Alabama;
- August 4, 2018- Dollar General, Roanoke, Alabama;
- August 5, 2018- Dollar General, Montgomery, Alabama;
- August 12, 2018- O’Reilly Auto Parts, Tallassee, Alabama; and
- August 16, 2018- Dollar General, Greenville, Alabama.
Greathouse participated in the Hurtsboro, Greenville, and the Tallassee robbery that occurred in August. Court records indicate that a pellet gun resembling a pistol was used in the robberies. However, the victims would not have known the type of weapon during the crimes.U.S. Attorney Franklin would like to thank the numerous law enforcement agencies involved in bringing Matthews and Greathouse to justice. The investigating agencies include the Federal Bureau of Investigation (FBI), the Alexander City Police Department, the Auburn Police Division, the Butler County Sheriff’s Office, the Eufaula Police Department, the Hurtsboro Police Department, the Montgomery Police Department, the Opelika Police Department, the Roanoke Police Department, the Russell County Sheriff’s Office, and the Tallassee Police Department. Assistant United States Attorney Kevin Davidson prosecuted the case.
Former Regions Bank Employee Sentenced for Theft of Funds from Elderly CustomerRead the Press Release
Montgomery, Alabama – On Friday, February 21, 2020, a former Regions Bank employee was sentenced to 37 months in prison for theft of funds, announced Louis V. Franklin, Sr., U.S. Attorney for the Middle District of Alabama. After completing his prison sentence, he will be on supervised release for three years.
Montreal Holley, 28, from Montgomery, Alabama, pleaded guilty to theft of funds by a bank employee in November of 2019. According to court documents, Holley became the manager of a Regions Bank branch in Montgomery in May of 2018. Around December of 2018, Regions discovered he had wired $188,000.00 from an elderly customer’s account to his own account at another bank. Regions began to investigate, with the assistance of the United States Secret Service. The elderly customer passed away shortly after the investigation began.
Regions Bank and the Secret Service discovered that Holley had convinced the elderly customer that she could trust only him to handle her money and he took a total of $313,448.83 from the customer’s account over a matter of months. He issued cashier’s checks, made wire transfers, and even issued a debit card on one of her accounts and used it to make ATM withdrawals. According to statements made during his sentencing hearing, Holley paid off loans for himself, his wife, his girlfriend, and other family members. In one example, he transferred $23,266.00 from the customer’s account to pay off a car loan. He initially told investigators that the elderly victim directed him to make the transaction, but the investigation revealed that the loan paid off a car driven by Holley’s girlfriend.
After he was caught, Holley returned $188,000.00 of the stolen funds. At his sentencing hearing on Friday he was also ordered to pay the remaining $125,448.83 in restitution to Regions Bank, who had previously credited the stolen funds back into the victim’s account.
“This case is upsetting in many ways, and it serves as a reminder that criminals are targeting some of the most vulnerable people in our society,” stated U.S. Attorney Franklin. “Holley selected his victim because of her advanced age and illness. He thought he would get away with stealing her money because no one would notice. Fortunately, Regions Bank discovered the suspicious activity in her account. We must all be vigilant and take action when necessary to protect our senior family members and friends from being exploited.”
“Montreal Holley, working in his position of trust and authority as a Branch Manager for Regions Bank, took advantage of an elderly client to steal over $300,000 from her,” said Patrick Davis, Special Agent in Charge with the United States Secret Service, Birmingham Field Office. “Regions Bank investigators should be commended in this case. Their investigators quickly identified suspicious account transactions and brought it to the attention of the U.S. Secret Service Montgomery Resident Office. Their quick response and thorough investigative support stopped this defendant from further financially exploiting the elderly victim in this case.”
Don White, head of Corporate Security for Regions, said the bank has a continuous focus on detecting and preventing elder financial abuse. “While we remain heartbroken for the family affected by this crime, we are grateful to the investigators and prosecutors who worked tirelessly with us in pursuing justice,” White said. “Regions Bank is steadfastly committed to protecting the people we serve, and this case reflects our determination to identify and combat any instance of elder financial exploitation. We appreciate the teams that worked together to thoroughly investigate this matter and take appropriate action.”
White stated that Regions consistently trains its associates on ways to detect, prevent and stop elder financial abuse. He said the bank also shares prevention information with the public through its website.
U.S. Attorney Louis V. Franklin, Sr. would like to thank the United States Secret Service and Regions Bank Corporate Security for investigating this case, and the U.S. Department of Education’s Office of Inspector General for their assistance. Assistant United States Attorney Megan Kirkpatrick prosecuted this case.
Prattville Man Pleads Guilty to Wire Fraud Charges and Transporting Stolen VehicleRead the Press Release
Montgomery, Alabama - On Tuesday, February 18, 2020, Robert Brandon Malone, 35, a resident of Prattville, Alabama pleaded guilty to three counts of federal wire fraud and one count of transporting a stolen vehicle, announced United States Attorney Louis V. Franklin, Sr., FBI Special Agent in Charge James Jewell, and Prattville Police Chief Mark Thompson. The federal charges arise from multiple schemes orchestrated by Malone to sell automobiles that did not belong to him.
According to court records, in April of 2017, Malone posted a Dodge Ram 1500 pickup truck for sale on the advertising website craigslist. However, the truck was actually a trade-in vehicle to the dealership for which he worked at the time. After the post, he was contacted by a potential buyer and represented to him that he was the actual owner. The buyer made the purchase, but returned the vehicle after learning that Malone did not own the truck. Malone did not refund his money.
Later, in January of 2018, Malone was working on a Chevrolet C-10 pickup truck for someone and was storing it at his shop. Once again, he created a craigslist post listing it for sale although the owner had not given him the authority to do so. A potential buyer contacted Malone and arranged a trade for another vehicle. Once he learned that Malone did not own the truck, it was returned to the rightful owner. However, the vehicle that was traded was not returned.
Finally, in November of 2018, Malone went to a car dealership in Georgia and was in the process of completing the paperwork to purchase an Audi R8. However, before the purchase was complete, he drove the vehicle off the lot and back to Prattville. He contacted someone that he knew was in the market for an Audi and they drove to Prattville to look at the vehicle. The purchaser gave him a down payment for the car and left his F-150 with Malone to hold temporarily until he could return to pick it up. Malone did not wait for the owner to return, instead, he listed the truck on Instagram and sold it to another individual. Ultimately, the Audi was returned to the dealership and the truck to the Audi purchaser. However, neither victim recovered their losses.
Malone will have a sentencing hearing scheduled in the next few months where he will face up to 20 years in prison. He also faces monetary penalties and restitution.
“Malone was motivated by greed and arrogance,” stated U.S. Attorney Franklin. “He carried out his schemes with no apparent fear of being caught and held accountable. However, thanks to our law enforcement partners, his victims will get the justice they deserve. This case is a stark reminder that we must always be vigilant and exercise caution when making purchases through online websites such as these.”
“These types of scam artists have become all too comfortable operating in the business world,” stated FBI Special Agent in Charge James Jewell. “It is imperative that the victims report these crimes to the authorities immediately so the FBI can work to assist our state and local partners bring justice to the victims that so often have a large monetary loss.”
“We certainly appreciate the cooperation and support we get from our federal partners,” stated Prattville Police Chief Mark Thompson. “This was a very in depth and widespread investigation that may not have been possible without the assets of the FBI and the U.S Attorney’s Office. Although his crimes may not have been violent, Malone’s actions financially hurt many people and I am glad that he will be held accountable.”
The Federal Bureau of Investigation (FBI) and the Prattville Police Department investigated this case. Assistant U.S. Attorney Brandon Bates is prosecuting this case.
Montgomery Woman Sentenced to 11 Years in Federal Prison for Her Participation in Multiple Armed RobberiesRead the Press Release
Montgomery, Alabama - On February 12, 2020, Diamond Markayla Mathis, 24, a resident of Montgomery, Alabama, was sentenced to 132 months in federal prison for her role in committing multiple armed robberies and violating federal firearms laws, announced U.S. Attorney Louis V. Franklin, Sr., FBI Special Agent in Charge James Jewell, and Montgomery Police Chief Ernest Finley. Following her 11-year prison sentence, Mathis will be on supervised release for three years. She was also ordered to pay $6,975.00 in restitution to the victims.
Mathis had previously pleaded guilty in November 2019 to taking part in a string of armed robberies that occurred in October 2016 with co-defendant, DeGregory Deon Lee, 24, also from Montgomery. According to court documents, their crime spree took place from October 24, 2016 until October 31, 2016, and included the robberies of ten Montgomery businesses. However, evidence indicates that Mathis only participated in six of those crimes. The robberies involving Mathis include:
- 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;
- 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;
A firearm was used during each of the robberies and, on a least one occasion, Mathis used pepper spray against an employee. Evidence also indicated that she threatened some of the victims with a knife, and during the Alabama Hotel robbery, Mathis struck an employee with a can of pepper spray causing injury.
Lee’s sentencing hearing will take place at a later date. At sentencing, he will be facing up to 20 years in prison for participating in the robberies listed above, along with two that took place on October 26, 2016, and two on October 31, 2016.
“For too long, violent crime has plagued our communities,” stated U.S. Attorney Franklin. “Regardless of whether a person is walking down the street or working to make a living—like the victims in this case—everyone should feel safe in their daily activities. I hope that this case serves as a reminder that there are severe consequences for injecting fear and violence into the daily lives of members of our community.”
FBI SAC James Jewell stated, "There is no place in today’s society for violent behavior and reckless disregard for human life. The men and women of the FBI work day in and day out with our state, local, and federal partners to see that justice is served upon predators such as these."
Montgomery Police Chief Ernest Finley said, “The Montgomery Police Department appreciates our close working relationship with the U.S. Attorney’s Office and we want to thank our federal partners for bringing this investigation to a successful conclusion with the sentencing of Diamond Mathis and the pending sentencing of DeGregory Lee.”
The Federal Bureau of Investigation and the Montgomery Police Department investigated this case. Assistant United States Attorney Russ Duraski prosecuted the case.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Federal Bureau of Investigation and the Montgomery Police Department. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
Former Owner of Lee County Truck Driving School Pleads Guilty to Conspiring to Pay Bribes to CDL ExaminerRead the Press Release
Montgomery, Alabama – On Tuesday, February 11, 2020, James F. Welburn, a resident of Columbus, Georgia and the former owner of American Truck Driving Academy, located in Lee County, Alabama, pleaded guilty to conspiring to commit bribery in relation to federal programs, announced United States Attorney Louis V. Franklin, Sr. and Regional Special Agent-In-Charge Todd Damiani, with the U.S. Department of Transportation Office of Inspector General.
According to court documents, Welburn paid bribes to a commercial driver’s license (CDL) examiner in exchange for the examiner showing preferential treatment to American Truck Driving Academy students when those students took CDL driving exams. Specifically, Welburn paid the examiner $25 per student tested by the examiner. In exchange for these payments, the examiner agreed to do things like: (1) test students even though students had not possessed learner’s permits for at least 14 days, as required by federal regulations; (2) test more than five students in a single day, in violation of state law; and (3) refrain from testing students on certain trucking maneuvers if the students were unlikely to be able to perform the maneuvers.
Welburn will have a sentencing hearing scheduled in the next few months where he will face up to five years in prison. He also faces substantial monetary penalties and restitution.
“In putting profit ahead of ensuring that his students could safely operate commercial vehicles, Mr. Welburn placed thousands of individuals at danger,” noted United States Attorney Franklin. “It is my hope that as a result of this case, our roadways—in Alabama and across the country—will become somewhat safer places.”
“The guilty plea of James Welburn related to charges of paying bribes for falsifying commercial driver license documents demonstrates our commitment to ensuring safety on the roads by requiring that only qualified individuals obtain CDLs,” stated Todd Damiani, Regional Special Agent-In-Charge, U.S. Department of Transportation Office of Inspector General. “Working with our Federal, State and local law enforcement and prosecutorial partners, we will continue our vigorous efforts to prevent and detect CDL fraud schemes which adversely affect the public trust throughout Alabama and elsewhere.”
This case was investigated by the United States Department of Transportation Office of Inspector General, with assistance from the Georgia Department of Drivers Services, the Federal Motor Carrier Safety Administration, the United States Department of Labor – Office of Inspector General, and the Alabama Law Enforcement Agency. Assistant United States Attorneys Jonathan S. Ross and Thomas R. Govan, Jr. are prosecuting the case.
Hope Hull Man Sentenced to Ten Years in Federal Prison for Possession of Child PornographyRead the Press Release
Montgomery, Alabama – On Wednesday, January 22, 2020, Barney Clarence Knotts, 74, who was residing in Hope Hull, Alabama at the time of his arrest, received a ten-year sentence for possession of child pornography, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence, Knotts will be subject to supervised release for the rest of his life.
According to court documents, Knotts was convicted in 1985 for production of child pornography in Mobile County, Alabama and received a 20-year sentence. In early 2017, he registered his physical address in Hope Hull, Alabama. In February of that year, the National Center for Missing and Exploited Children notified the Alabama Law Enforcement Agency (ALEA) about on-line conversations concerning potential child exploitation from that location. When ALEA agents went to his house, Knotts gave them permission to search his computers where they discovered more than 1,000 child pornography images and discussions about child exploitation. Knotts pled guilty to possession of child pornography in federal court in September 2019.
The Alabama Law Enforcement Agency investigated this case, with assistance from the National Center for Missing and Exploited Children. Assistant United States Attorneys Hollie Reed and Russell Duraski prosecuted the case.
Lanett Woman Receives 46-Month Sentence for Preparing Fraudulent Federal Income Tax ReturnsRead the Press Release
Montgomery, Alabama – On Thursday, January 9, 2020, a Lanett, Alabama resident, Gladys Rosalynn McCauley, 43, received a 46-month sentence for aiding and assisting in the filing of false federal income tax returns, announced United States Attorney Louis V. Franklin, Sr. and Thomas J. Holloman III, Special Agent in Charge of the Atlanta Field Office of IRS, Criminal Investigation.
According to court documents, McCauley owned an income tax preparation business in Lanett called “Roz House of Tax” that she opened in 2014. McCauley’s business collected fees as a percentage of the tax refunds she claimed for her customers. In order to inflate those refunds, McCauley knowingly placed false items in her customers’ income tax returns. For example, McCauley falsely claimed that customers were entitled to education tax credits and child tax credits—even though she knew they were entitled to no such credits. In yet another example, she falsely claimed a client had more than $34,000 in business losses. Over the course of a few years, McCauley’s numerous false claims resulted in a tax loss to the Internal Revenue Service (IRS) of more than $1.5 million.
At the sentencing hearing, United States District Judge R. Austin Huffaker, Jr. described McCauley’s offense as a “serious” one, noting that she hurt all citizens who pay their taxes.
“For far too long, opportunistic tax return preparers like Ms. McCauley have preyed upon the unwitting taxpayers residing in this district,” stated United States Attorney Franklin. “As was the case here, preparers attempt to make money by putting false information on the tax returns of others. In doing so, the preparers subject their customers to possible future scrutiny by the IRS and they pocket money that should have gone to the public’s benefit. This conduct must stop. Hopefully, Ms. McCauley’s sentence will cause other tax return preparers who have considered running schemes like this to honestly and accurately prepare tax returns.”
"As tax filing season is underway, those who might consider preparing false tax returns should be aware of the extremely negative consequences as evidenced yesterday," said Special Agent in Charge Holloman. "The sentencing of Gladys McCauley again emphasizes that the Internal Revenue Service and U.S. Attorney’s office will continue their aggressive pursuit of those who would attempt to defraud America's tax system. In addition, taxpayers are encouraged to visit the IRS.gov website for tips on looking for a reputable return preparer and their filing responsibility.”
The IRS’s Criminal Investigation Division investigated this case. Assistant United States Attorney Jonathan S. Ross prosecuted the case.
Two Former Employees of Montgomery Doctor Receive Prison Sentences for Unlawful Distribution of Controlled SubstancesRead the Press Release
Montgomery, Alabama – Two Montgomery area women were sentenced to federal prison for their roles in a conspiracy to distribute controlled substances by forging prescriptions, announced United States Attorney Louis V. Franklin, Sr. and DEA Assistant Special Agent-in-Charge Clay A. Morris. On December 10, 2019, Tracy Lynn Giddens, 46, of Millbrook, Alabama, received a 63-month sentence for her role in the scheme. Subsequently, on January 7, 2020, Ashley Lee Bozeman, 33, of Hope Hull, Alabama, received a 57-month sentence.
According to court documents, during 2016 and 2017, both Giddens and Bozeman worked in the office of a Montgomery, Alabama physician. As employees, both had access to the doctor’s prescription pad. The defendants used that access to prepare fake prescriptions for controlled substances, including: oxycodone, hydrocodone, dextroamphetamine-amphetamine (better known by its brand-name “Adderall”), and alprazolam (better known by its brand-name “Xanax”). Giddens and Bozeman then presented those prescriptions to pharmacies and obtained controlled medications. After doing so, the defendants distributed the pills they unlawfully obtained to others.
“The amount of harm that can result from a prescription pad falling into the wrong hands is enormous,” stated United States Attorney Franklin. “This is true when a physician uses his or her prescription pad illegally, as well as when a physician’s staff member abuses the trust of the physician and prepares forged prescriptions. Whether an illegitimate prescription comes from a physician or a staff member, the outcome is the same—dangerous, addictive drugs are unleashed upon the public. This case marks another step in my office’s efforts to eradicate the prescription medication abuse problem that is wreaking havoc in our country and in our community.”
“As we continue to battle the opioid epidemic in Alabama, DEA and the United States Attorney’s Office have secured yet another lengthy prison sentence for defendant Ashley Bozeman and Tracy Giddens,” announced Assistant Special Agent-in-Charge Clay A. Morris of the Drug Enforcement Administration (DEA). “Whether you choose to obtain illegal drugs by fraud, deception or subterfuge, or you are a traditional street drug dealer, we will investigate and successfully prosecute you. Defendants Bozeman and Giddens chose to fuel the scourge of addiction by fraud and deception and justice was served. We will continue to protect our innocent, our communities and those who struggle with addiction.”
The Drug Enforcement Administration (DEA) investigated this case and Assistant United States Attorney Jonathan S. Ross prosecuted it.
Montgomery Doctor Convicted on Drug Distribution, Health Care Fraud, and Money Laundering ChargesRead the Press Release
Montgomery, Alabama – On Thursday, December 19, 2019, a federal jury convicted Dr. Richard A. Stehl, 59, of Montgomery, Alabama, on 94 counts of unlawfully distributing controlled substances, two counts of health care fraud, and five counts of money laundering, announced United States Attorney Louis V. Franklin, Sr, DEA Assistant Special Agent in Charge Clay Morris, and HHS-OIG Special Agent in Charge Derrick L. Jackson. In reaching its verdict, the jury found Dr. Stehl guilty on each of the 101 counts at issue in the case.
The trial evidence showed that, from 2010 through 2018, Stehl operated a medical practice called 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. Stehl also required his patients to return for monthly office visits if they wanted refills on their medications. After doing nothing more than giving the patient a refill, Stehl would bill the patient’s insurance company for the cost of a 25-minute office visit and a moderately complex physical examination. Finally, Stehl laundered the proceeds of his drug distribution and health care fraud through a web of shell corporations, business entities registered in the names of family members, and investment accounts. In doing so, Stehl attempted to hide the approximately $1,000,000.00 he was generating each year from his medical practice. Stehl even went so far as to hide in excess of $70,000.00 in cash in a filing cabinet in his garage.
During the trial, the jury heard from ten of Stehl’s former patients. Each patient received multiple controlled substance 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.
Following these convictions, Stehl faces a significant sentence that could keep him in prison for the rest of his life, as well as substantial fines. The Court could also require Stehl to forfeit to the government his medical office building, his residence, the proceeds of an investment account containing over $400,000.00, and the cash found in his garage.
“Dr. Stehl put profit over patient care,” stated United States Attorney Franklin. “Over the past few years, my office has worked hard to take unnecessary prescription drugs out of medicine cabinets and off of the streets. I hope that this case reinforces the message that medical professionals like Dr. Stehl who use their prescription pads to become drug dealers will be held accountable. I am grateful to our law enforcement partners for their tireless work investigating this case. This verdict is a testament to their dedication.”
“Yesterday, another physician who has abandoned his Hippocratic Oath was dealt a substantial blow with guilty verdicts on over 100 counts of criminal activity,” stated DEA Assistant Special Agent in Charge Clay Morris. “Thanks to a jury of his peers, the United States Attorney's Office, and our law enforcement partners, Dr. Stehl is no longer a source of dangerous and addictive drugs in our community. Dr. Stehl's shameless disrespect for the law and for the safety of his patients has now been dealt with. He is no longer a threat and remains where he belongs— behind bars.”
“A doctor is entrusted with caring for his patients, not pushing unnecessary drugs and services on patients,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “Dr. Stehl continuously put his financial gain above the health and safety of our local residents. HHS-OIG continues to focus resources on those who divert and unnecessarily prescribe drugs for profit and abuse.”
“The Alabama Board of Medical Examiners and the Medical Licensure Commission of Alabama are charged with protecting the health and safety of our citizens of this great State of Alabama,” stated William M. Perkins, Associate Executive Director for the Alabama State Board of Medical Examiners. “This agency is proud to be in partnership with the many state and federal agencies that participated in this important prosecution.”
The Drug Enforcement Administration and Health and Human Services-Office of the Inspector General investigated this case, with assistance from the Alabama Board of Medical Examiners. They were also aided by the Internal Revenue Service-Criminal Investigation. Additional assistance was provided by the Alabama Law Enforcement Agency, the Millbrook Police Department, the Opelika Police Department, the Montgomery Police Department, and the United States Marshals Service. Assistant United States Attorneys Jonathan S. Ross, Megan A. Kirkpatrick, and Alice S. LaCour prosecuted the case, along with Assistant United States Attorneys R. Rand Neeley and Brett Talley.
Member of Montgomery Drug Trafficking Organization Sentenced to 30 Years for Conspiracy, Drug and Gun ChargesRead the Press Release
Montgomery, Alabama – On Thursday, December 5, 2019, Cyrus Phyfier, a 51-year-old resident of Montgomery, was sentenced to 360 months in prison for multiple drug and firearm related charges, announced United States Attorney Louis V. Franklin, Sr., ATF Special Agent in Charge Marcus Watson, DEA Assistant Special Agent in Charge Clay Morris, Secretary of the Alabama Law Enforcement Agency Hal Taylor, and Montgomery Police Chief Ernest Finley.
Phyfier received a significant sentence because the Court determined that based on his criminal history, which included multiple drug distribution convictions, he is a career offender under the federal sentencing guidelines. Following his 30-year prison sentence, Phyfier will be on supervised release for ten years.
Evidence presented at Phyfier’s August 2019 trial showed that in 2013 law enforcement began to investigate a cocaine and marijuana distribution organization operating in Montgomery County, Alabama. The organization was supplied from persons operating in the Atlanta, Georgia metropolitan area. Following the arrest of a member of the organization, agents discovered Phyfier was a major illegal drug supplier. Utilizing a number of investigative tools, agents determined Phyfier was responsible for distributing approximately five to eight kilograms of cocaine hydrochloride during some months. In addition, five controlled purchases were made from Phyfier at his home. Video footage presented during the trial revealed Phyfier weighing and selling various illegal drugs. Additional testimony presented at trial revealed Phyfier distributed in excess of 28 kilograms of cocaine base during the course of the conspiracy. Law enforcement found that Phyfier and his co-conspirators would buy and sell various drugs to each other to support their enterprise with one of them stating that he had purchased cocaine from Phyfier for ten years.
During the execution of a search warrant at Phyfier’s residence, law enforcement seized marijuana and a firearm. Again, Phyfier had two prior felony convictions for the unlawful distribution of a controlled substance. Therefore, he was prohibited from possessing a firearm.
The jury found Phyfier guilty as charged on all counts in the indictment. Specifically, he was found guilty of various narcotics related offenses, which included conspiracy to distribute and possession with intent to distribute powder cocaine, crack cocaine, and marijuana. The jury also found Phyfier guilty on the charges of being a felon in possession of a firearm and possession of a firearm in furtherance of a drug trafficking crime.
The other charged members of the conspiracy previously pled guilty and most have been sentenced for their crimes, including: Haywood Norman, 48 years old, sentenced to 180 months; George Edward Jones, 42 years old, sentenced to 92 months; Gene Easterling, 48 years old, sentenced to 63 months; Erwin Smith, 59 years old, sentenced to 51 months; and Ernest Lee Rhodes, 37 years old, sentenced to eight months.
U.S. Attorney Franklin said, “Make no mistake, Phyfier was not your average, run-of-the-mill drug dealer. He was a major player in a drug trafficking organization that infested the city with illegal drugs and violence. This sentence will finally bring his days of poisoning and terrorizing our communities to an end. I commend all of the investigative agencies involved for their efforts in dismantling this organization”
ATF Special Agent in Charge Watson remarked, “Protecting the public by the removal of the criminal element that commits acts of violence with a firearm was the result of the combined efforts by ATF and our partners as part of ‘Project Guardian.’”
DEA Assistant Special Agent in Charge Morris said, “Phyfier was clearly a dangerous criminal and a member of a drug trafficking organization that poured drugs into Montgomery, Alabama. The cooperation and dedication of all the law enforcement agencies who worked tirelessly on this investigation should send a clear message to those who try to destroy our families and communities. We will not tolerate your criminal behavior and lifestyle. We will investigate you and ensure we find a prison bed for you for years and years. The wonderful people of Alabama deserve our full effort and attention. We will not stand by and allow others to cause harm and destroy lives.”
Secretary Taylor of the Alabama Law Enforcement Agency said, “One of Alabama’s greatest assets is a solid multi-level law enforcement partnership. Such collaboration is effective as evidenced by the investigation and prosecution of Cyrus Phyfier.”
Montgomery Police Chief Finley said, “At MPD, we appreciate our close working relationship with the U.S. Attorney’s Office and want to thank our federal partners for bringing this investigation to a successful conclusion with the sentencing of Cyrus Phyfier and the other members of the drug trafficking organization.”
The Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Alabama Law Enforcement Agency (ALEA), and the Montgomery Police Department investigated this case, with assistance from the State of Alabama Attorney General’s Office, the Montgomery County Sheriff’s Office, and the United States Marshals Service (USMS).
This case was prosecuted by Assistant United States Attorneys Curtis Ivy, Jr., Stephanie Billingslea, Alice LaCour, and Brett Talley.
Phenix City Man Sentenced to 70 Months in Prison for Being a Felon in Possession of a FirearmRead the Press Release
Montgomery, Alabama – On November 19, 2019, Charles Nicholas Pybus, 36, of Phenix City, Alabama, was sentenced to 70 months in prison for possession of a firearm by a convicted felon, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence of nearly six years, he will be subject to three years of supervised release.
According to court records, on January 7, 2018, Pybus followed a woman through the parking lot of a home improvement store in Montgomery. After she finished loading her purchases, she got into her car to leave. Pybus then entered through the front passenger door and told her to “drive.” Although he did not brandish a weapon, she feared for her safety and ran from the vehicle. At this point, Pybus drove away in her car and was later spotted by officers from the Montgomery Police Department. Pybus initially fled from police, but was soon apprehended at a residence and found to be in possession of a handgun. Having a previous felony conviction, Pybus is prohibited by federal law from possessing a firearm.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Montgomery Police Department, and the Alabama Law Enforcement Agency (ALEA) investigated the case. Assistant United States Attorney Joshua J. Wendell prosecuted the case.
Montgomery Woman Receives 77-Month Sentence for Wire Fraud Scheme Involving Alabama Power BillsRead the Press Release
Montgomery, Alabama – On Monday, November 18, 2019, a Montgomery, Alabama resident, Marie Antoinette Bozeman, 40, received a 77-month sentence following her conviction for orchestrating a wire fraud scheme, announced United States Attorney Louis V. Franklin, Sr. Bozeman’s scheme involved the use of fraudulent debit card numbers to pay utility bills.
According to court records, Bozeman would falsely hold herself out as an Alabama Power employee or a close associate of an employee, and offer to pay the utility bills of individuals in exchange for an amount of cash that was less than they actually owed. Once she received the utility bill information and the money, Bozeman would pay using Alabama Power’s pay-by-telephone bill payment system. The investigation revealed that Bozeman discovered a way to exploit the bill payment system by using random debit card information. Records show that Bozeman attempted to fraudulently pay more than $300,000 in other persons’ utility bills. Alabama Power discovered the fraud before all of the transactions were applied and has taken measures to prevent this type of exploitation in the future.
A hearing is scheduled in January 2020 to determine the amount of restitution Bozeman will be ordered to pay.
The United States Secret Service and the Montgomery Police Department investigated the case. The case was prosecuted by Assistant United States Attorney Jonathan S. Ross.
Montgomery Man Convicted of Casino TheftRead the Press Release
Montgomery, Alabama – On Thursday, November 14, 2019, a federal jury convicted twenty-eight year old Jory D’Michael Trayvunn Dumas, from Montgomery, Alabama, of theft from a gaming establishment on tribal lands and conspiracy, announced U.S. Attorney Louis V. Franklin, Sr. The jury found that Dumas conspired with others to steal nearly $200,000.00 from the Wind Creek Casino in Montgomery.
Evidence presented at trial showed that on August 10, 2018, Dumas was at the casino with two relatives, Timothy Dean Pettiway and Tameka Thomas. Dumas had previously recruited an employee, Courtney Deandra Stanton, to give him access to keys to the cash kiosks at the casino. Dumas instructed Stanton to leave the keys on top of a cash kiosk for Pettiway to retrieve and open the machines. Pettiway then took cash cassettes from two separate kiosks to Dumas who was waiting in a nearby bathroom. Dumas forced entry into the boxes, hid the money on his person, and exited the casino with a total of $192,800.00. During the theft, Thomas relayed messages to Dumas via cell phone as to Pettiway’s progress in obtaining the keys and cash cassettes.
Pettiway was previously sentenced to 33 months in federal prison for his role in the crime. Thomas and Stanton have pled guilty and are awaiting sentencing.
Following the trial, Dumas was remanded to the custody of the United States Marshals to await sentencing where he faces up to 20 years prison. There is no parole in the federal system.
The Poarch Creek Tribal Police, the Poarch Creek Indian Gaming Commission, and the FBI investigated the case. Assistant United States Attorneys Ben Baxley and Stephanie Billingslea prosecuted the case.
Montgomery Man Sentenced to Ten Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
Montgomery, Alabama – On Monday, October 28, 2019, Labarry Darell Aaron, 26, of Montgomery, Alabama, was sentenced to 120 months in prison for being a felon in possession of a firearm, announced United States Attorney Louis V. Franklin, Sr. The judge sentenced Aaron to the maximum time allowed in this case due to his significant criminal history and evidence of other relevant conduct collected after his arrest. There is no parole in the federal system.
On July 31, 2018, law enforcement was executing an arrest warrant for Aaron at a Gilmer Avenue residence in Montgomery. They found him at the house along with numerous guns. As a convicted felon, Aaron is prohibited by federal law from possessing firearms of any kind. There was also video evidence discovered that showed Aaron at the Gilmer Avenue residence in possession of a firearm while preparing to conduct a retaliatory drive-by shooting at an apartment complex. Ballistic evidence collected by law enforcement at the apartment links Aaron to that shooting. The apartment drive-by is likely the result of an ongoing dispute between Aaron and others.
The Montgomery Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and investigated the case, with assistance from the United States Marshals Service and the Alabama Department of Forensic Sciences. Assistant United States Attorney Joshua J. Wendell prosecuted the case.
Pike County Man Convicted of Federal Gun and Drug ChargesRead the Press Release
Montgomery, Alabama – On Tuesday, October 22, 2019, Osie Lee Davis., a 48-year-old resident of Troy, Alabama, was found guilty of 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, announced United States Attorney Louis V. Franklin, Sr. All eight counts stem from conduct that occurred in Troy, Alabama on January 31, 2017 and October 5, 2018.
Evidence presented at 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 the Officer 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 had a previous felony conviction and is prohibited by federal law from possessing a firearm.
A second encounter 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 another outstanding warrant, 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.
A sentencing hearing will take place in the next few months. Because of his significant criminal history, Davis is facing a sentence ranging from 30 years to life in prison.
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.