Northern District of Alabama
Press releases recorded for this federal judicial district.
Bessemer Man Convicted on Drug and Gun ChargesRead the Press Release
BIRMINGHAM, Ala. – A Bessemer man was convicted Tuesday on drug and gun charges, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
After two days of testimony, United States District Court Judge Karon O. Bowdre returned a guilty verdict against Christopher James Moton, 42, at a bench trial. Moton was convicted of possession with intent to distribute methamphetamine and heroin and possession of a firearm by a felon.
According to court documents and evidence presented at trial, Moton was found in possession of a firearm despite being a prohibited felon. A search conducted at Moton’s residence found trafficking amounts of methamphetamine and black tar heroin. Evidence at trial revealed that Moton intended to distribute these controlled substances to drug users in the community.
“Yesterday’s verdict is another success in law enforcement’s efforts to eliminate the distribution of dangerous drugs in our communities and remove firearms from the hands of convicted felons,” U.S. Attorney Escalona said. “We will continue to work with our law enforcement partners to investigate and prosecute those who intend to devastate our communities and ruin lives.”
“This conviction was an outstanding example of law enforcement partnerships working together to remove dangerous criminals from our neighborhoods,” SAC Sharp said. “Thanks to the great work of my agents and the Jefferson County Sheriff’s Office, Moton has been held responsible for his crime.”
The maximum penalty for possession of a firearm by a convicted felon is 10 years. The maximum penalty for possession with intent to distribute more than 50 grams of methamphetamine is life in prison.
The Federal Bureau of Investigation investigated the case along with the Jefferson County Sheriff’s Office. Assistant U.S. Attorneys Gregory R. Dimler and Allison J. Garnett are prosecuting the case.
Falkville Man Sentenced to 46 Months in Prison for Firearms Offenses in District of Columbia and AlabamaRead the Press Release
BIRMINGHAM, Ala. – Lonnie Leroy Coffman, 72, of Falkville, Alabama, was sentenced today in the U.S. District Court for the District of Columbia to 46 months in prison after pleading guilty to federal and local firearms offenses stemming from the discovery of weapons in his pickup truck parked near the U.S. Capitol on January 6, 2021.
According to court documents, Coffman traveled from Alabama to the District of Columbia several days prior to Jan. 6, 2021. He parked his red GMC Sierra pickup truck in the 300 block of First Street SE, on the morning of Jan. 6. Less than half a mile away in the U.S. Capitol Building, a joint session of the U.S. Congress was scheduled to meet in the afternoon to ascertain and count the electoral votes related to the presidential election.
Coffman admitted in his plea agreement that he exited the pickup truck at 9:20 a.m. and walked in the direction of the U.S. Capitol Building, and towards a rally near the National Mall. Inside the pickup truck were several loaded firearms within arms-reach of the driver’s seat, hundreds of rounds of ammunition, large-capacity ammunition feeding devices, a crossbow with bolts, machetes, camouflage smoke devices, a stun gun, and a cooler containing 11 mason jars filled with ignitable ingredients for Molotov cocktail incendiary weapons. Coffman also carried a loaded handgun and a loaded revolver as he walked around the area that day. A search of Coffman’s residence in Alabama later that month led to the discovery of 12 additional mason jars containing ignitable substances, each constituting the component parts of Molotov cocktails.
Coffman did not have a license to carry a pistol in the District of Columbia and had not registered any firearms or destructive devices in the National Firearms Registration and Transfer Record, as required by law.
Coffman has been in custody since his arrest on Jan. 6, 2021. Coffman will be placed on three years of supervised release following his prison term.
Coffman was sentenced in the District of Columbia by the Honorable Colleen Kollar-Kotelly in two separate criminal cases, one brought in the District of Columbia on Jan. 7, 2021, and the other brought in the Northern District of Alabama and transferred to the District of Columbia for purposes of plea and sentencing. Coffman had pleaded guilty on Nov. 12, 2021, to two counts of possession of an unregistered firearm, a federal offense, regarding the component parts of Molotov cocktails discovered in his pickup truck in Washington, D.C., and at his residence in Alabama. Coffman also pleaded guilty to carrying a pistol without a license, a District of Columbia offense. Judge Kollar-Kotelly sentenced him to 46 months in prison on each of the federal offenses, and 15 months on the District of Columbia offense, with the time running concurrently.
The case was prosecuted by the U.S. Attorney’s Office for the District of Columbia, the U.S. Attorney’s Office for the Northern District of Alabama, and the Department of Justice National Security Division’s Counterterrorism Section. The case was investigated by the FBI’s Birmingham and Washington Field Offices, and the U.S. Capitol Police.
Alabama Man Sentenced to 46 Months in Prison for Firearms Offenses in District of Columbia and AlabamaRead the Press Release
WASHINGTON – Lonnie Leroy Coffman, 72, of Falkville, Alabama, was sentenced today to 46 months in prison after pleading guilty to federal and local firearms offenses stemming from the discovery of weapons in his pickup truck parked near the U.S. Capitol on Jan. 6, 2021.
According to court documents, Coffman traveled from Alabama to the District of Columbia several days prior to Jan. 6, 2021. He parked his red GMC Sierra pickup truck in the 300 block of First Street SE, on the morning of Jan. 6. Less than half a mile away in the U.S. Capitol Building, a joint session of the U.S. Congress was scheduled to meet in the afternoon to ascertain and count the electoral votes related to the presidential election.
Coffman admitted in his plea agreement that he exited the pickup truck at 9:20 a.m. and walked in the direction of the U.S. Capitol Building, and towards a rally near the National Mall. Inside the pickup truck were several loaded firearms within arms-reach of the driver’s seat, hundreds of rounds of ammunition, large-capacity ammunition feeding devices, a crossbow with bolts, machetes, camouflage smoke devices, a stun gun, and a cooler containing 11 mason jars filled with ignitable ingredients for Molotov cocktail incendiary weapons. Coffman also carried a loaded handgun and a loaded revolver as he walked around the area that day. A search of Coffman’s residence in Alabama later that month led to the discovery of 12 additional mason jars containing ignitable substances, each constituting the component parts of Molotov cocktails.
Coffman did not have a license to carry a pistol in the District of Columbia and had not registered any firearms or destructive devices in the National Firearms Registration and Transfer Record, as required by law.
Coffman has been in custody since his arrest on Jan. 6, 2021. Coffman will be placed on three years of supervised release following his prison term.
Coffman was sentenced in the District of Columbia by the Honorable Colleen Kollar-Kotelly in two separate criminal cases, one brought in the District of Columbia on Jan. 7, 2021, and the other brought in the Northern District of Alabama and transferred to the District of Columbia for purposes of plea and sentencing. Coffman had pleaded guilty on Nov. 12, 2021, to two counts of possession of an unregistered firearm, a federal offense, regarding the component parts of Molotov cocktails discovered in his pickup truck in Washington, D.C., and at his residence in Alabama. Coffman also pleaded guilty to carrying a pistol without a license, a District of Columbia offense. Judge Kollar-Kotelly sentenced him to 46 months in prison on each of the federal offenses, and 15 months on the District of Columbia offense, with the time running concurrently.
The case was prosecuted by the U.S. Attorney’s Office for the District of Columbia, the U.S. Attorney’s Office for the Northern District of Alabama, and the Department of Justice National Security Division’s Counterterrorism Section. The case was investigated by the FBI’s Birmingham and Washington Field Offices, and the U.S. Capitol Police.
Undocumented Individual Pleads Guilty to Gun and Child Pornography ChargesRead the Press Release
BIRMINGHAM, Ala. – An undocumented individual pleaded guilty today to illegally possessing a firearm and possession of child pornography, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr., and U.S. Customs Enforcement Homeland Security Investigations (HSI) Special Agent in Charge Katrina W. Berger.
Antonio Zapata-Chairez, 43, pleaded guilty before U.S. District Judge R. David Proctor to one count of possession of a firearm by a prohibited person and one count of possession of child pornography.
According to the plea agreement, in August 2019, FBI agents executed a search warrant for Zapata-Chairez’s residence in Birmingham based on an on-going investigation related to internet communications concerning child pornography. During the execution of the search warrant, two mobile phones, a laptop, and a Walther Smith and Wesson P22 semi-auto .22 caliber handgun were seized from the residence. The FBI contacted HSI concerning Zapata-Chairez’s status in the United States and learned that he was a foreign national and citizen of Mexico. Additionally, after a forensic examination of the digital devices and an analysis of Zapata-Chairez’s online account, images and videos of child pornography were located.
FBI Birmingham's Child Exploitation Human Trafficking Task Force and U.S. Immigration and Customs Enforcement Homeland Security Investigations investigated the case, along with the assistance of the U.S. Marshals Service and the Alabama Law Enforcement Agency (ALEA). Assistant United States Attorneys John Camp and R. Leann White are prosecuting the case.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Undocumented Individual Pleads Guilty to Gun and Drug ChargesRead the Press Release
BIRMINGHAM, Ala. – An undocumented individual pleaded guilty today to illegally possessing a firearm and drug trafficking, announced U.S. Attorney Prim F. Escalona and Homeland Security Investigations Special Agent in Charge Katrina Berger.
Juan Luis Salas-Jimenez, 19, pleaded guilty before United States District Judge R. David Proctor to charges of possession of a firearm by a prohibited person, possession with intent to distribute cocaine, and possession of a firearm in furtherance of a drug trafficking crime.
According to the plea agreement, in September 2021, officers with the Calera Police Department conducted a lawful traffic stop on Salas-Jimenez. Salas-Jimenez admitted to officers that he had some personal use cocaine in his wallet. Officers removed Salas-Jimenez from the vehicle and searched his wallet where they found two small baggies containing cocaine. During the search of Salas-Jimenez’s vehicle, officers found a small baggie containing crack cocaine under the driver's side front seat, a grocery bag containing crack cocaine inside a backpack on the passenger's side back seat, a large scale, a small digital scale, a roll of vacuum sealed bags, and a Smith and Wesson revolver.
The maximum penalty for possession with intent to distribute cocaine is 20 years in prison and a fine of no more than $250,000. The maximum penalty for possession of a firearm by a prohibited person is 10 years in prison and a fine of not more than $250,000. The minimum penalty for possession of a firearm during a drug trafficking crime is five years in prison, which must run consecutive to any other sentence, and a fine of no more than $10,000,000.
Homeland Security Investigations along with the Calera Police Department investigated the case. Assistant United States Attorney Darius Greene is prosecuting the case.
Career Offender Sentenced to nearly 18 Years in Prison for Drug Trafficking ConspiracyRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a career offender to nearly 18 years in prison for conspiracy to distribute methamphetamine, announced U.S. Attorney Prim F. Escalona and Drug Enforcement Administration Assistant Special Agent in Charge Towanda Thorne-James.
U.S. District Court Judge Liles C. Burke sentenced Christopher Lane, 47, of Talladega, for conspiracy to distribute more than 500 grams of methamphetamine. Lane pleaded guilty in September 2021. Lane is a career offender based on prior felony convictions. The sentence pronounced today reflected his status as a Career Offender.
In August 2019, a federal grand jury charged Lane and others in a multi-count indictment with participating in a drug trafficking organization that transported heroin, cocaine, methamphetamine, and fentanyl from Mexico to Talladega, Alabama for distribution between May 2017 and July 2019.
DEA investigated the case along with the Talladega County Drug Task Force. Assistant U.S. Attorneys Blake Milner and Austin Shutt prosecuted the case.
This investigation is part of the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF is an independent component of the U.S. Department of Justice. Established in 1982, OCDETF is the centerpiece of the Attorney General’s strategy to combat transnational-organized-crime and to reduce the availability of illicit narcotics in the nation by using a prosecutor-led, multi-agency approach to enforcement. OCDETF leverages the resources and expertise of its partners in concentrated, coordinated, long-term enterprise investigations of transnational organized crime, money laundering, and major drug trafficking networks.
Birmingham Man Pleads Guilty to Drug and Gun ChargesRead the Press Release
BIRMINGHAM, Ala. – A Birmingham man pleaded guilty this week to drug and gun charges, announced U.S. Attorney Prim F. Escalona and Drug Enforcement Administration Assistant Special Agent in Charge Towanda Thorne-James.
LaMarcus Antonia Sills, Sr., 39, pleaded guilty before United States District Judge Abdul K. Kallon to charges that he possessed heroin with the intent to distribute, was a felon in possession of a firearm, and carried a firearm during and in relation to drug trafficking crime. Sentencing is scheduled for June 23, 2022.
According to the plea agreement, on July 16, 2020, Birmingham Police Officers had established a police checkpoint at the intersection of 29th Avenue North and 29th Street North, when a white Mercedes Benz came to a stop at the checkpoint. The driver, and sole occupant of the vehicle, was Sills. While speaking to Sills, officers detected the odor of marijuana coming from the vehicle and Sills admitted to officers that he had smoked a blunt earlier that day just outside the vehicle. During a search, Officers discovered a 9mm Sig Sauer pistol in Sills’ waistband. Officers searched the vehicle and found numerous plastic sandwich bags under the driver’s seat. In the backseat center arm rest, officers found a clear plastic sandwich bag containing marijuana, a plastic bag containing 30.79 grams of heroin, a small digital scale, and more empty sandwich bags.
Drug Enforcement Administration and Birmingham Police Department investigated the case. Assistant U.S. Attorney Darius Greene prosecuted the case.
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Bessemer Man Sentenced to 211 Months in Prison for Drug and Gun ChargesRead the Press Release
BIRMINGHAM, Ala. – A Bessemer man was sentenced this week on drug and gun charges, announced U.S. Attorney Prim F. Escalona and Homeland Security Investigations (HSI) Special Agent in Charge Katrina Berger.
United States District Court Judge Anna M. Manasco sentenced Corey Leman Hines, 37, to 151 months in prison for trafficking methamphetamine, heroin, and fentanyl, and 60 months for carrying a firearm during and in relation to a drug trafficking crime. Hines pleaded guilty to the charges in December.
According to the plea agreement, on August 23, 2019, Hines sold methamphetamine and heroin to a confidential source at a residence in Bessemer. Later that day, agents arrived to arrest Hines on narcotics charges, and discovered a semi-automatic pistol in his waistband, along with 248 grams of 97% pure methamphetamine, digital scales, and additional controlled substances containing a mixture of heroin and fentanyl.
“As today’s sentence makes plain, trafficking dangerous drugs while carrying a gun can result in a long prison sentence,” said U.S. Attorney Escalona. “I am grateful for the work of HSI in removing this drug dealer from our neighborhoods.”
“Finding and arresting criminals trafficking illegal drugs greatly improves the safety of the community by preventing this poison from finding its way onto our streets,” said Special Agent in Charge Katrina Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Disrupting and dismantling drug trafficking organizations is one of HSI’s highest priorities and we are proud of the work that we and our partners are doing.”
Homeland Security Investigations along with the Alabama Law Enforcement Agency investigated the case. Assistant U.S. Attorney Allison Garnett prosecuted the case.
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Birmingham Men Plead Guilty to Conspiracy to Distribute Methamphetamine, Distribution of Methamphetamine, and Possession with Intent to Distribute HeroinRead the Press Release
BIRMINGHAM, Ala. – Two Birmingham men pleaded guilty to the charges of Conspiracy to Distribute Methamphetamine, Distribution of Methamphetamine, and Possession with the Intent to Distribute Heroin announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
Darius Emale Craig, Jr., 23, pleaded guilty on February 24, 2022, to Conspiracy to Distribute Methamphetamine, and two counts of Distribution of Methamphetamine. His sentencing is scheduled for June 15, 2022, before Judge Madeline Hughes Haikala. Horace Dantai Burgess, Jr., 25, pleaded guilty on March 15, 2022, to Conspiracy to Distribute Methamphetamine involving his brother Darius Emale Craig, Jr., two counts of Distribution of Methamphetamine, and one count of Possession with the Intent to Distribute Heroin. His sentencing is scheduled for July 20, 2022, before Judge Haikala.
The maximum penalty for conspiracy to distribute methamphetamine and distribution of methamphetamine is 40 years in prison and a fine of not more than $5,000,000.
Both men are linked to the Hard to Kill gang. Agents of the Federal Bureau of Investigation (FBI) investigated the Hard to Kill gang, better known as H2K. This gang operates in the Birmingham, Alabama area and is known to be involved in acts of violence, illegal drug distribution, and illegal firearm possession.
These cases are a part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
FBI investigated the case along with the Birmingham Police Department, and the Jefferson County Sheriff’s Office. Assistant United States Attorneys Kristy Peoples and Darius Greene prosecuted the cases.
Convicted Felon Sentenced for Illegal Firearm PossessionRead the Press Release
TUSCALOOSA, Ala. – A federal judge this week sentenced a convicted felon for illegally possessing a semi-automatic assault rifle, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Mickey French.
U.S. District Court Judge L. Scott Coogler sentenced Julian Devaughn Lewis, 46, of Tuscaloosa County, to 46 months in prison followed by three years of supervised release for being a felon in possession of a firearm. Lewis pleaded guilty to the charge in December 2021.
According to the plea agreement, Lewis acquired the rifle in July 2021 and directed that it be stored in a Northport storage facility. After Lewis was arrested on an unrelated charge, an ATF special agent seized the rifle and ammunition at the storage facility. Lewis has prior felony convictions for Unlawful Distribution of a Controlled Substance, Receiving Stolen Property, Second Degree, and Unlawful Possession of Marijuana, First Degree.
“The possession of a high-capacity assault rifle by a convicted felon is a potentially deadly situation, and I am grateful to our ATF partners for their work in bringing this defendant to justice,” said U.S. Attorney Escalona.
“The ATF will continue to investigate, apprehend, and charge prohibited persons who illegally possess firearms. The ATF’s primary mission is to combat violent crime in our communities, and we will work tirelessly to keep the communities that we serve safe.” ATF Special Agent in Charge Mickey French stated.
ATF investigated the case. Assistant U.S. Attorney Alan Baty prosecuted the case.
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Birmingham Man Pleads Guilty to Charges Involving the Sexual Exploitation of a MinorRead the Press Release
BIRMINGHAM, Ala. – A Birmingham man plead guilty this week to the charges of sex trafficking of a minor and production of child pornography, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
Jeremy Lynn Alexander, 36, pleaded guilty before U.S. District Judge Karon O. Bowdre to one count of sex trafficking of a minor and one count of production of child pornography. According to the plea agreement, on or about July 16, 2021, FBI Birmingham’s Child Exploitation and Human Trafficking Task Force received a priority lead regarding a 14-year-old female reported missing out of Madison, Wisconsin. FBI Birmingham and Homewood Police Special Investigations Unit launched an immediate investigation to find and recover the child. They located her through an advertisement on a website known for commercial sex advertisements. A task force officer responded to the number posted in the advertisement, the minor victim replied, and provided the address to meet. Members of the task force responded to a local hotel and located the juvenile victim in the hotel room with Alexander. Further investigation revealed child pornography involving Alexander and the juvenile victim located on Alexander’s cell phone.
FBI Birmingham's Child Exploitation Human Trafficking Task Force investigated the case, with the assistance of the Homewood Police Special Investigations Unit. Assistant United States Attorneys Darius Greene and R. Leann White are prosecuting the case.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Huntsville Man Sentenced to 10 Years in Prison for CarjackingRead the Press Release
HUNTSVILLE, Ala. – A federal judge on Friday sentenced a Huntsville man for carjacking, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
U.S. District Judge Abdul K. Kallon sentenced Deondre Cleveland Day, 22, to 120 months in prison. Day pleaded guilty in August 2021 to one count of carjacking, and one count of conspiracy to discharge a firearm during a crime of violence.
According to the plea agreement, on September 24, 2019, Day and a juvenile co-defendant robbed the victim, stealing his car keys, guns, and cell phone. During the robbery, the victim was struck in the head with a handgun. Day and the juvenile then fled in the victim’s car. Later, when Huntsville Police spotted the car, Day led officers on a high-speed chase and shots were fired from the vehicle, striking the windshield of a Huntsville Police vehicle several times. Day and the juvenile then fled on foot.
“Combating violent gun crimes is a priority for my office and this district,” U.S. Attorney Escalona said. “Today’s sentence shows the seriousness of this offense, and I am grateful for the tireless efforts of our partner agencies on this case.”
“I want to thank the members of the North Alabama Violent Crime Task Force, and particularly our partners with the Huntsville Police Department, U.S. Marshals Gulf Coast Regional Fugitive Task Force, and the Madison County Sheriff’s Office for their work in bringing Day to justice,” SAC Sharp said. “The FBI will continue to work closely with our partners to address violent crime in north Alabama.”
FBI investigated the case along with the Huntsville Police Department, North Alabama Violent Crime Task Force, U.S. Marshals Gulf Coast Regional Fugitive Task Force, and the Madison County Sheriff’s Office. Assistant U.S. Attorney Russell Penfield prosecuted the case.
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Decatur Man Sentenced to 160 Years of Imprisonment for Soliciting Videos and Webcam Shows of Filipina Children Being Sexually AbusedRead the Press Release
HUNTSVILLE, Ala. – A federal judge today sentenced a Decatur man on child pornography charges, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
U. S. District Judge Abdul K. Kallon sentenced Benjamin Walter, 41, of Decatur to 160 years’ imprisonment for using internet applications to seek images and live transmissions of the violent sexual abuse of Filipina children as young as five years old.
Benjamin Walter was convicted by a federal jury on Oct. 5, 2021, of four counts of producing and attempting to produce child pornography and one count each of receiving and distributing child pornography.
According to court documents and evidence presented at trial, Walter used two web service provider accounts, including messenger and webcam applications, to seek women in the Philippines to sexually abuse their own children and relatives. Walter’s requests to these women, which spanned approximately three years, included directions to arrange for the gang rape of young children and to sexually assault several young children in other harmful ways.
Walter sent money to the Philippines for the videos, images, and live transmissions via Moneygram, Western Union, and other money remitters in $25 to $50 increments. In addition to the live webcam shows, Walter also sent and received emails to which the senders attached images and videos of young children engaged in sex acts with adult men. This investigation and prosecution were part of a joint FBI and Homeland Security Investigations operation that targeted the buyers and sellers of these types of webcam shows in the Philippines.
The FBI’s Huntsville Field Office investigated the case.
Trial Attorneys Charles Schmitz and Nadia Prinz of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney R. Leann White of the Northern District of Alabama are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Alabama Man Sentenced to 160 Years of Imprisonment for Soliciting Videos and Webcam Shows of Filipina Children Being Sexually AbusedRead the Press Release
A federal judge sentenced an Alabama man today to 160 years’ imprisonment for using internet applications to seek images and live transmissions of the violent sexual abuse of Filipina children as young as five years old.
Benjamin Walter, 41, of Decatur, was convicted by a federal jury on Oct. 5, 2021, of four counts of producing and attempting to produce child pornography and one count each of receiving and distributing child pornography.
According to court documents and evidence presented at trial, Walter used two web service provider accounts, including messenger and webcam applications, to seek women in the Philippines to sexually abuse their own children and relatives. Walter’s requests to these women, which spanned approximately three years, included directions to arrange for the gang rape of young children and to sexually assault several young children in other harmful ways.
Walter sent money to the Philippines for the videos, images, and live transmissions via Moneygram, Western Union, and other money remitters in $25 to $50 increments. In addition to the live webcam shows, Walter also sent and received emails to which the senders attached images and videos of young children engaged in sex acts with adult men. This investigation and prosecution were part of a joint FBI and Homeland Security Investigations operation that targeted the buyers and sellers of these types of webcam shows in the Philippines.
The FBI’s Huntsville Field Office investigated the case.
Trial Attorneys Charles Schmitz and Nadia Prinz of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney R. Leann White of the Northern District of Alabama are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Shelby County Woman Charged with Stealing from HOAs and EmployerRead the Press Release
BIRMINGHAM, Ala. – Federal prosecutors have charged a Shelby County woman for wire fraud for embezzling from her employer and the homeowners’ associations they managed, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Johnnie Sharp Jr.
A one-count information filed this week in U.S. District Court charges Aimee Louise Statham, 47, of Chelsea, with embezzling from her employer, Rouland Management Services (RMS), and the homeowners’ associations that RMS managed. In conjunction with the charge, the government also filed a plea agreement with Statham. She must appear before a judge to enter a guilty plea.
According to the information, between January 2018 and August 2021, while employed as the bookkeeper by RMS, Statham made unauthorized transfers of funds from an RMS bank account and various homeowners’ associations bank accounts to her personal account. Statham used the unauthorized funds received for personal expenses.
The maximum penalty for wire fraud is 20 years in prison and a $250,000 fine.
FBI investigated the case, with assistance from the Pelham Police Department and the United States Secret Service Cyber Fraud Task Force. Assistant U.S. Attorney Ryan Rummage is prosecuting the case.
An information contains only charges. A defendant is presumed innocent unless and until proven guilty.
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Pain Clinic Owners Convicted of Unlawfully Distributing Opioids and Multimillion-Dollar Health Care FraudRead the Press Release
BIRMINGHAM, Ala. – A federal jury convicted a Tennessee physician and his wife yesterday for unlawfully distributing opioids, providing unnecessary services and defrauding insurers from their now-shuttered Alabama clinics.
According to court documents and evidence presented at trial, Mark Murphy, 65, and his wife, Jennifer Murphy, 65, both of Lewisburg, owned and operated North Alabama Pain Services (NAPS), which closed its Decatur and Madison offices in early 2017. Over the approximately five-year period leading up to the clinic closing its Alabama locations, Murphy and his wife, who was the office manager, caused over $50 million in fraudulent or unnecessary medical services to be charged to Medicare, TRICARE, Blue Cross Blue Shield of Alabama and others. Evidence at trial showed that NAPS provided pre-signed prescriptions to thousands of patients a month, including prescriptions written outside the usual course of professional practice without a legitimate medical purpose. The Murphys also solicited and received unlawful payments for referring fraudulent or unnecessary services to patients. Jennifer Murphy was also convicted of tax-related charges for underreporting clinic income.
Both defendants were convicted of conspiracy to unlawfully distribute controlled substances and conspiracy to commit health care fraud, along with various substantive counts related to the same. They were also convicted of conspiring to defraud the United States and receiving kickbacks. The Murphys face a maximum of 20 years in prison for the drug charges and a maximum of 10 years in prison for the health care fraud charges. Both defendants face a maximum of five years in prison for charges stemming from violations of the Anti-Kickback Statute, and Jennifer Murphy faces up to three years in prison for the tax charges. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing is scheduled for June 30.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney Prim F. Escalona for the Northern District of Alabama; Special Agent in Charge Bradford L. Byerly of the Drug Enforcement Administration (DEA) New Orleans Field Division; Special Agent in Charge Johnnie Sharp Jr. of the FBI Birmingham Division; Special Agent in Charge James E. Dorsey of IRS Criminal Investigation (IRS-CI) Atlanta Field Office; and Special Agent in Charge Tamela Miles of the Department of Health and Human Service Office of the Inspector General (HHS-OIG) Atlanta Region made the announcement.
FBI, HHS-OIG, IRS-CI and DEA investigated the case.
Assistant Chief Jillian Willis and Trial Attorney Emily Gurskis of the Criminal Division’s Fraud Section and Assistant U.S. Attorney J.B. Ward of the Northern District of Alabama are prosecuting the case.
The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 90 defendants who are collectively responsible for distributing more than 105 million pills. The ARPO Strike Force is part of the Health Care Fraud Strike Force Program, which since March 2007 has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at: https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
Leader of Alabama Chapter of Oath Keepers Pleads Guilty to Seditious Conspiracy and Obstruction of Congress for Efforts to Stop Transfer of Power Following 2020 Presidential ElectionRead the Press Release
WASHINGTON – A regional leader of the Oath Keepers pleaded guilty today to seditious conspiracy and obstruction of an official proceeding for his actions before, during and after the breach of the U.S. Capitol on Jan. 6, 2021. His and others’ actions disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.
Joshua James, 34, of Arab, Alabama, pleaded guilty to seditious conspiracy in connection with the Capitol breach. As part of the plea agreement, James has agreed to cooperate with the government’s ongoing investigation.
As described in court documents, James is the regional leader in charge of the Alabama chapter of the Oath Keepers. The Oath Keepers are a large but loosely organized collection of individuals, some of whom are associated with militias. Though the Oath Keepers will accept anyone as members, they explicitly focus on recruiting current and former military, law enforcement, and first-responder personnel.
In his guilty plea, James, a military veteran, admitted that, from November 2020 through January 2021, he conspired with other Oath Keeper members and affiliates to use force to prevent, hinder and delay the execution of the laws of the United States governing the transfer of presidential power. He used encrypted and private communications, equipped himself with a variety of weapons, donned combat and tactical gear, and was prepared to answer a call to take up arms.
According to court documents, on Jan. 4, 2021, James and others traveled to the Washington, D.C. metropolitan area. He brought a semi-automatic handgun and stored multiple firearms at a Virginia hotel. On Jan. 6, after learning the Capitol had been breached, James and others traveled to the Capitol on golf carts, driving around multiple barricades, including marked law enforcement vehicles. James was wearing a backpack, a combat shirt, tactical gloves, boots, a paracord attachment, and an Oath Keepers hat and patches. He and others unlawfully entered the Capitol together through the East Rotunda doors. Inside the Rotunda, James assaulted a Metropolitan Police Department officer by grabbing the officer’s vest and pulling him towards the mob. While pulling the officer, James yelled, “Get out of my Capitol! This is not yours! This is my Capitol!” James was expelled by law enforcement, including at least one officer who aimed chemical spray at him.
On the evening of Jan. 6, 2021, James and others heard that law enforcement was searching for them and immediately departed the Washington, D.C. metropolitan area. Soon after, James traveled to Texas to join with the leader of the Oath Keepers and other co-conspirators. There, he helped co-conspirators amass thousands of dollars’ worth of firearms, ammunition, and firearms equipment – some of which he later stored in storage sheds in Alabama – and prepared to distribute the equipment to others and to engage in violence in the event of a civil war.
James was arrested on March 9, 2021. He was among 11 defendants indicted on Jan. 12, 2022, in the District of Columbia on seditious conspiracy and other charges; the others have pleaded not guilty. James faces up to 20 years in prison for seditious conspiracy and up to 20 years for obstruction of an official proceeding, along with potential financial penalties. No sentencing date was set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Northern District of Alabama.
The case is being investigated by the FBI’s Washington and Birmingham Field Offices.
In the 13 months since Jan. 6, more than 750 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 235 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.
Two Men Arrested on Federal Firearm ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal indictment has been unsealed after two men were arrested today on firearm charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Explosives, and Firearms Special Agent in Charge Mickey French.
According to a two-count indictment filed in U.S. District Court, between April 2021 and September 2021, the defendants purchased multiple handguns from a licensed firearms dealer located in Tuscaloosa County by means of straw-purchase transactions where Davis falsely represented himself to be the buyer of the guns.
Jevonte Kendrell Davis, 28, of Cottondale, is charged with engaging in the business of selling firearms without a license and making a false statement during the purchase of a firearm.
Tyrese Perry, 25, of New Haven, Connecticut, is charged with making a false statement during the purchase of a firearm.
The maximum penalty for giving a false statement during the purchase of a firearm is 10 years in prison.
The maximum penalty for engaging in the business of selling firearms without a license is five years in prison.
These cases are a part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The ATF investigated the case. Assistant U.S. Attorney Brittney Plyler is prosecuting the case.
Convicted Felon Indicted on Drug ChargeRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury last week indicted a convicted felon on a drug charge, announced U.S. Attorney Prim F. Escalona and Drug Enforcement Administration Special Agent in Charge Brad L. Byerley.
A one-count indictment filed in U.S. District Court charges Terry Roshaun Pruitt, 36, of Birmingham, with possession with the intent to distribute cocaine base.
According to the indictment, in September 2021, Pruitt possessed 280 grams or more of a mixture containing a detectable amount of cocaine base, more commonly referred to as “crack cocaine” in Jefferson County.
Pruitt has one serious drug felony conviction and one serious violent felony conviction, which increases his sentence to 25 years to life in prison. In March 2009, Pruitt was convicted in the U.S. District Court Northern District of Alabama of possession with intent to distribute 50 grams or more of a mixture and substance containing cocaine base and possession of a firearm in the furtherance of a drug trafficking crime.
The DEA investigated the case, along with the Birmingham Police Department. Assistant U.S. Attorney Alan Baty is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Convicted Felon Arrested on Drug and Gun ChargesRead the Press Release
BIRMINGHAM, Ala. – Federal agents on Friday arrested a convicted felon on drug and gun charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Mickey French.
A three-count indictment filed in U.S. District Court charges Antuan Cornell Riggs, 30, of Pleasant Grove, with being a felon in possession of a firearm, possession with the intent to distribute a controlled substance, and possession of a firearm during and in relation to a drug trafficking crime.
According to the indictment, in February 2019, Riggs illegally possessed a Diamondback .380 caliber semi-automatic pistol, a Glock 9-millimeter semi-automatic pistol, marijuana, hydrocodone and methamphetamine.
The maximum penalty for being a felon in possession of a firearm is 10 years in prison.
The maximum penalty for possession with intent to distribute a controlled substance is 20 years in prison.
The minimum penalty for possession of a firearm during a drug trafficking crime is five years in prison, which must run consecutive to any other sentence.
ATF investigated the case, along with the Birmingham Police Department. Assistant U.S. Attorney Alan Baty is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Convicted Felon Indicted on Drug and Gun ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal grand today indicted a convicted felon on drug and gun charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Mickey French.
A three-count superseding indictment filed in U.S. District Court charges Cantrell Dehardric Harris, 32, with being a felon in possession of a firearm, possession with the intent to distribute a controlled substance, and possession of a firearm during and in relation to a drug trafficking crime.
According to the indictment, in April 2021, Harris illegally possessed a Glock 10mm pistol, two rounds of Barnaul 7.62 caliber ammunition, and fentanyl.
The maximum penalty for being a felon in possession of a firearm is 10 years in prison.
The penalty for possession with intent to distribute a controlled substance increases to 30 years in prison since the defendant has been convicted of a drug offense and served over 12 months for the drug offense.
The minimum penalty for possession of a firearm during a drug trafficking crime is five years in prison.
ATF investigated the case, along with the Birmingham Police Department. Assistant U.S. Attorney Kristy Peoples is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Graysville Man Charged for Illegal Possession of a MachinegunRead the Press Release
BIRMINGHAM, Ala. – A Graysville man has been charged with illegal possession of a machinegun, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Explosives, and Firearms Special Agent in Charge Mickey French.
Shannon Ray Bittle, 46, was charged on Wednesday in a federal criminal complaint with illegal possession of a machinegun. Federal agents arrested Bittle on February 16, 2022, in Hoover, Alabama.
According to the criminal complaint, on January 20, 2022, Bittle met an undercover agent in a Walmart parking lot where he possessed and transferred a machinegun, that is, an Anderson Manufacturing AM-15, chambered in .300 AAC Blackout. The undercover agent purchased the machinegun from Bittle.
The ATF investigated the case along with the Alabama Law Enforcement Agency. Assistant U.S. Attorney Brittney Plyler is prosecuting the case.
A criminal complaint contains only charges. A defendant is presumed innocent unless and until proven guilty.
Armed Career Criminal Sentenced to 15 Years in Prison for Illegal Firearm PossessionRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced an armed career criminal to 15 years in prison for illegal possession a firearm, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Mickey French.
U.S. District Court Judge Corey L. Maze sentenced Donald Conelious Voltz, 48, of Oneonta, for illegal possession of a firearm. Voltz pleaded guilty on July 29, 2021, to unlawfully possessing a Taurus 9mm pistol in January 2020 in St. Clair County. Voltz is prohibited from having a firearm because of multiple prior felony convictions spanning 13 years, and the sentence pronounced today reflected his status as an Armed Career Criminal.
“Armed Career Criminals pose a threat to our communities, and we are grateful for the work of the Springville Police Department in apprehending this criminal.,” U.S. Attorney Escalona said. “Through Project Safe Neighborhoods, we will continue to work closely with our law enforcement partners to address violent crime in the Northern District of Alabama.”
"The ATF proactively works with other law enforcement agencies to help identify individuals who repeatedly violate the law," SAC French said. "We focus on arresting those individuals who relentlessly continue to disrupt our communities."
According to court records, on January 12, 2020, a Springville Police Officer stopped a silver Cadillac Deville, driven by Voltz, after observing that the tag on the car was registered to a different car. The officer approached the car and asked Voltz if he had been drinking. Voltz denied drinking and gave the officer a name that turned out to be false. Voltz was arrested for driving under the influence.
During a subsequent search of the Cadillac, officers found a Taurus 9mm pistol under the center armrest. The gun was loaded with 15 rounds of ammunition, and Voltz did not have a permit for the firearm.
The ATF investigated the case along with the Springville Police Department. Assistant U.S. Attorneys Kristy Peoples and Melissa Atwood prosecuted the case.
This case is a part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Jefferson County District Attorney Receives Award to Create Domestic Violence Unit and Fatality Review BoardRead the Press Release
BIRMINGHAM, Ala. — The U.S. Department of Justice’s Bureau of Justice Assistance (BJA) awarded the Jefferson County District Attorney’s Office (Birmingham Division) $339,574 through BJA’s FY 2021 Innovative Prosecution Solutions grant to increase the response of law enforcement and prosecutors to domestic violence, and to enhance domestic violence prevention efforts in Jefferson County. The District Attorney’s Office will create a specialized domestic violence unit that prioritizes the investigation and prosecution of domestic violence offenses and builds upon its existing victim support and violence prevention partnership with One Place Alabama Metro Family Justice Center, as well as the federal and local collaborative Jefferson County Domestic Violence Firearms Technical Assistance Project.
“Local crime data shows that domestic violence offenders commit most of the homicides in Jefferson County. My office already prioritizes the protection of domestic violence victims, and these new resources will increase our ability to investigate and prosecute domestic violence offenders”, said District Attorney Danny Carr. “Further, the creation of a local domestic violence fatality review board will guide systems improvements by my office, law enforcement, and victim service providers when our best efforts and practices fail to protect victims. Learning and adapting systems of care and protection for victims is essential to innovative public safety practices.”
“Domestic violence is a leading driver of violence in Jefferson County and across Alabama. The United States Attorney’s Office and our law enforcement partners are increasing our collective response to the persistent threat that domestic violence offenders bring to their victims and our community”, said U.S. Attorney Prim Escalona. “The Jefferson County District Attorney is one of our leading partners to improve protections for victims and to aggressively pursue domestic violence offenders. We are pleased that the Bureau of Justice Assistance is providing our partners with additional resources to further our efforts to reduce crime and victimization in Jefferson County.”
Preliminary data for 2021 indicates that fifty-seven percent of homicides in Jefferson County were committed by domestic violence offenders, while 53% and 58% of homicide offenders in 2020 and 2019 respectively were domestic violence offenders. Annually, more than 14,000 calls for service are made to local law enforcement in response to domestic violence. For mass shootings of four or more people between 2014 – 2019, 68% of perpetrators had a prior history of domestic violence.
Birmingham Man Charged in Carjacking Appears in Federal CourtRead the Press Release
BIRMINGHAM, Ala. – A Birmingham man charged last month for carjacking and possessing a firearm was arraigned today in federal court, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
U.S. Magistrate Judge Staci G. Cornelius arraigned Clearance Speed, Jr., aka Bo Peep, 24, on charges of carjacking and carrying and brandishing a firearm during and in relation to a violent crime in March 2021. Speed was ordered detained pending trial.
The maximum penalty for carjacking is 15 years in prison. The minimum penalty for brandishing a firearm during and in relation to a violent crime is a mandatory seven years in prison.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The FBI investigated the case along with the Jefferson County Sheriff’s Office and the Birmingham Police Department. Assistant U.S. Attorney Alan Baty is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Convicted Felon Sentenced on Gun ChargeRead the Press Release
BIRMINGHAM, Ala. – A federal judge sentenced a convicted felon today for being a felon in possession of a firearm, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Acting Special Agent in Charge Mickey French.
U.S. District Court Judge Annmarie C. Axon sentenced Cedric Dewayne Young, 33, of Fairfield, to two years in prison. Young pleaded guilty to being a felon in possession of a firearm in October 2021.
“This defendant resisted arrest and put police officers’ lives in danger,” U.S. Attorney Escalona said. “Our officers serve with selfless sacrifice each and every day to protect our communities, and I commend the Birmingham Police Officers for their actions in safely apprehending this defendant.”
“We must be diligent in our efforts to keep firearms out of the hands of people who make the decision to use them in an illegal manner,” SAC French said. “The ATF will continue to work with our state, local, and federal law enforcement partners and use any necessary resources to combat the violent gun crimes that occur within our communities.”
According to the plea agreement, on November 23, 2020, Birmingham Police officers were conducting an investigation at a residence in Birmingham. The complainants advised the officers that Young pointed a firearm at them. The complainants gave a description of the suspect’s vehicle. The officers issued a BOLO (“be on the lookout”) for the suspect vehicle. A short time later, an officer saw a vehicle that matched the description of Young’s vehicle at a convenience store on Jefferson Avenue SW. Two officers made contact with Young inside the store. Young was uncooperative with officers during his arrest. When officers finally got control of Young, he refused to move his right hand from under his body. Officers found a loaded Taurus 9mm pistol in the waistband of Young’s shorts.
The ATF investigated the case, along with the Birmingham Police Department. Assistant U.S. Attorney Kristy Peoples prosecuted the case.
Federal Jury Convicts Lincoln Man for Drug Trafficking ConspiracyRead the Press Release
BIRMINGHAM, Ala. – A federal jury last week convicted the last defendant in a drug trafficking conspiracy, announced U.S. Attorney Prim F. Escalona and Drug Enforcement Administration Special Agent in Charge Brad L. Byerley.
The jury returned its guilty verdict against Alacaliph Woodard, 52, of Lincoln, after three days of testimony before U.S. District Court Judge R. David Proctor. Woodward was convicted of conspiracy to possess with the intent to distribute methamphetamine, cocaine, and “crack” cocaine, and possession of a firearm in furtherance of a drug trafficking crime.
The evidence at trial showed that Woodard was present during the execution of a federal search warrant. Woodard was found to be in possession of a firearm and a distribution amount of methamphetamine, cocaine base (more commonly known as “crack cocaine”), and powdered cocaine. Agents also recovered more than $6,000 and evidence of drug distribution. Woodard conspired directly with the leader of the organization to distribute the drugs found during the search warrant.
Demetris Sims, 41, of Anniston, pleaded guilty to conspiracy to possess with the intent to distribute methamphetamine, cocaine, “crack” cocaine, in January 2022.
Shelton Lewis Sims, 41, and Laroyal Dontarius Fomby, 34, both of Lincoln, pleaded guilty to conspiracy to possess with the intent to distribute methamphetamine, cocaine, “crack” cocaine. Sims pleaded guilty in July 2021. Fomby pleaded guilty in August 2021.
Brent Scott Conner, 42, of Anniston, and David Lee Clark, 39, of Lincoln, pleaded guilty to conspiracy to possess with the intent to distribute methamphetamine, cocaine, “crack” cocaine and possession with the intent to distribute methamphetamine in July 2021.
DEA investigated the case along with the Lincoln Police Department and Talladega Drug Enforcement Task Force. Assistant U.S. Attorneys Blake Milner and Jonathan Cross are prosecuting the cases.
United States Files False Claims Act Lawsuit Against Tuscaloosa Psychiatrist for Improper Prescribing of Nuedexta to Nursing Home ResidentsRead the Press Release
BIRMINGHAM, Ala. – Today, U.S. Attorney Prim F. Escalona announced that the United States has filed suit against Dr. Charles T. Nevels, a psychiatrist who has worked in several nursing homes in Alabama. The complaint alleges that Dr. Nevels caused the submission to Medicare and Medicaid of false and fraudulent claims for the prescription drug Nuedexta, which is indicated only for the treatment of pseudobulbar affect (PBA), a condition characterized by involuntary laughing or crying. Nuedexta has not been shown to be safe and effective in non-PBA types of emotional lability that can commonly occur, for example, in Alzheimer’s disease and other dementia.
The complaint alleges that from 2015 through 2019, the pharmaceutical company that manufactures Nuedexta paid Dr. Nevels more than $400,000 to make speeches, but the speeches had few attendees, little value, and were intended to compensate Dr. Nevels for prescribing Nuedexta. For instance, in November 2016the pharmaceutical company paid Dr. Nevels a $2,000 speaker fee to give a presentation in Decatur, Alabama, that the company’s records show had no attendees.
“The Department of Justice will fight to protect nursing home residents, including by ensuring that prescribing decisions affecting them are free from undue influence, and the medications they receive are medically appropriate for them,” said U.S Attorney Escalona.
The complaint further alleges that the pharmaceutical company also paid Dr. Nevels for the expenses he claimed related to the presentations he gave. For instance, in addition to the speaker fee he received for each presentation, the pharmaceutical company paid Dr. Nevels over $1,500 for claimed expenses associated with a presentation at The Arrogant Butcher in Phoenix, Arizona, and over $1,200 for claimed expenses associated with a presentation at the Gamlin Whiskey House in St. Louis, Missouri.
Additionally, the complaint alleges, with Dr. Nevels’ assent, the pharmaceutical company’s sales representative visited nursing homes where Dr. Nevels worked and sought to convince nurses there to refer patients to Dr. Nevels, to help him “build [his] base of business.” In return, Dr. Nevels prescribed Nuedexta to nursing home residents who did not have pseudobulbar affect. In 2015, Dr. Nevels accounted for more than half of all Medicare claims for Neudexta in Alabama, and between 2015 and 2019, he caused more than $6 million in Medicare claims and $800,000 in Medicaid claims for the drug.
The allegations of the complaint are allegations only, and there has been no determination of liability.
Birmingham Man Indicted on Drug and Gun ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury on Tuesday indicted a Birmingham man on drug and gun charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Mickey French.
A four-count indictment filed in U.S. District Court charges Terry Lee Skanes, Jr. 21, with being a felon in possession of a firearm, two counts of possession with the intent to distribute controlled substances, and possession of a firearm during and in relation to a drug trafficking crime.
According to the indictment, in October 2021, Skanes illegally possessed a Glock .40 caliber semi-automatic pistol and a 5.56 American Tactical, Inc. semi-automatic pistol, five grams or more of methamphetamine, heroin, and a mixture containing a detectable amount of heroin and fentanyl.
The maximum penalty for being a felon in possession of a firearm is 10 years in prison.
The penalty range for possession with the intent to distribute five grams or more of methamphetamine is 5 to 40 years in prison.
The maximum penalty for possession with intent to distribute heroin and a mixture containing a detectable amount of heroin and fentanyl is 20 years in prison.
The minimum penalty for possession of a firearm during a drug trafficking crime is five years in prison.
ATF investigated the case, along with the Jefferson County Sheriff’s Office. Assistant U.S. Attorney Alan Baty is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Tuscaloosa Man Sentenced to More than 10 Years in Prison on Drug and Gun ChargesRead the Press Release
TUSCALOOSA, Ala. – A federal judge today sentenced a Tuscaloosa man on drug and gun charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Mickey French.
Chief U.S. District Court Judge L. Scott Coogler sentenced Ladarius De’Shaun Jones, 21, of Tuscaloosa, to 126 months in prison for possession with the intent to distribute a controlled substance and possessing a firearm during and in relation to a drug trafficking crime. Jones pleaded guilty to the charges in September 2021.
“Drugs and guns are a combination that often leads to violence,” U.S. Attorney Escalona said. “The defendant’s actions at the time of his arrest were extremely dangerous, and I commend the Tuscaloosa Police Officers for avoiding a loss of life during this incident.”
“Removing the criminal element that illegally uses firearms in furtherance of drug trafficking crimes and to facilitate violent crimes, is a priority of the ATF,” SAC French said. “The ATF will continue to work in conjunction with law enforcement agencies and the community to remove the criminal elements that negatively impact our communities.”
According to the plea agreement, on August 2, 2020, a Tuscaloosa Police Officer attempted to conduct a lawful traffic stop on Jones. Jones fled in his vehicle and led the police officer on a high-speed chase through several neighborhoods until reaching a dead-end street. Jones got out of the vehicle, and cash fell out onto the ground. Jones began picking up the cash and threw a small backpack on the ground in front of the vehicle. As Jones was picking up the cash, the police officer tackled him. Jones actively resisted the police officer’s attempts to arrest him, and the two struggled for several minutes. Jones retrieved a Glock .45 caliber pistol from the backpack he threw. The officer initially thought the firearm resembled a BB gun but was uncertain. Upon seeing Jones grab the item, the police officer knocked it out of Jones' hands. The struggle continued. Jones ultimately complied. Multiple Tuscaloosa Police Officers arrived on scene to assist and took Jones into custody. Officers located the firearm and learned that it was not a BB gun, but was a Glock .45 caliber pistol. The pistol was equipped with a rifle conversion kit and was loaded with a high-capacity magazine with one round in the chamber. The officers seized approximately 594 grams of marijuana and $1,105 in cash.
ATF investigated the case, along with the Tuscaloosa Police Department. Assistant U.S. Attorney Brittney Plyler prosecuted the case.
Huntsville Man Charged with Multiple Robberies in North AlabamaRead the Press Release
HUNTSVILLE, Ala. – A federal grand jury today charged a Huntsville man with committing a string of armed robberies, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Johnnie Sharp, Jr.
A 12-count indictment filed in U.S. District Court charges Christopher Maxwell Jacobie Owens, 27, of Huntsville, with 6-counts of Hobbs Act Robbery and 6-counts of brandishing a firearm.
According to the indictment, in a span of six days in November 2020, Owens committed six armed robberies at businesses in Huntsville. Owens robbed two Family Dollar locations, Dollar General, two MetroPCS locations, and Walgreens.
The Hobbs Act prohibits actual or attempted robbery that affects interstate commerce and that involves the taking of property from another person by means of actual or threatened force or violence.
If convicted of a Hobbs Act Robbery, the defendant faces a maximum of 20 years in prison. If convicted of brandishing a firearm during and in relation to a violent crime, the defendant faces a mandatory minimum of seven years in prison.
The FBI investigated the case along with the FBI Violent Crimes Task Force and the Huntsville Police Department. Assistant U.S. Attorney Michael Pillsbury is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Hartselle Man Charged with Attempted KidnappingRead the Press Release
HUNTSVILLE, Ala. – A federal grand jury today charged a Hartselle man with attempted kidnapping and attempted sexual assault, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
A two-count indictment filed in U.S. District Court, charges Matthias Jacob Edward Mann, 22, of Hartsell, with attempted kidnapping and coercion and enticement.
“Over the course of a week, law enforcement moved swiftly to identify the defendant and victim. Federal and local authorities from four different states worked together to investigate and arrest this defendant and derail a dangerous online plot,” U.S. Attorney Escalona said. “The internet is a tool that provides many opportunities for communication and connectivity, but also gives predators an easy way to access potential victims. One never knows who is lurking behind the keyboard. It is always important to exercise caution and protect your privacy in online forums.”
According to court documents, on December 29, 2021, an undercover detective with the Owatonna, Minnesota Police Department was monitoring the public Kik group “Abduction and R@pe 3.” During that time, the Kik User “Dylan H.,” who was determined to be Mann, posted in the group, asking for someone to abduct and sexually assault a woman from Wisconsin. The undercover detective responded and told Dylan H. that he was in Minnesota and would be interested.
On December 30, 2021, the undercover detective recorded a telephone conversation with Mann. On the call, Mann confirmed that his request for the abduction and sexual assault of the victim was not a fantasy. Mann provided the undercover detective with photos and a physical address of the victim, who he stated was a former friend. Mann requested a video to confirm that the abduction and sexual assault was carried out as requested. During their subsequent conversations, Mann agreed to pay the undercover detective gas money to travel to Wisconsin from Minnesota, and approximately $2,000.00 once the abduction and sexual assault had been completed. Mann paid the undercover detective $75 on January 5th.
Federal agents arrested Mann on the morning of January 6, 2022 in Hartselle, Alabama.
The maximum penalty for attempted kidnapping and attempted coercion and enticement is twenty years in prison.
The FBI investigated the case along with the FBI Violent Crimes Task Force, Sun Prairie, Wisconsin Police Department; Owatonna, Minnesota Police Department; and FBI (Atlanta Division). Assistant U.S. Attorneys Laura Hodge and John Hundscheid are prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Guntersville Woman Charged in a Scheme to Straw Purchase FirearmsRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury today charged a Guntersville woman on charges involving straw purchasing of firearms, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Explosives, and Firearms Special Agent in Charge Mickey French.
A four-count indictment filed in U.S. District Court, charges Caritina Jarquin, 46, of Guntersville, with making a false statement during the purchase of a firearm.
According to the indictment, between March 2021 and May 2021, Jerquing purchased multiple .22 caliber rifles from Simmons Sporting Goods Co., a licensed firearms dealer located in Jefferson County.
The maximum penalty for giving a false statement during the purchase of a firearm is 10 years in prison.
This case is a part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The ATF investigated the case. Assistant U.S. Attorney John Camp is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Convicted Felons Charged in Separate and Unrelated IndictmentsRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury today charged three convicted felons on gun and drug charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Explosives, and Firearms Special Agent in Charge Mickey French.
A two-count indictment filed in U.S. District Court charges Randy Hasan Abdurrahim, 36, of Birmingham, with being a felon in possession of a firearm and possession with the intent to distribute a controlled substance. In April 2021, Abdurrahim illegally possessed a Smith & Wesson .380 pistol in Jefferson County. In September 2021, Abdurrahim possessed with the intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine and containing a detectable amount of fentanyl in Jefferson County.
A one-count indictment filed in U.S. District Court charges Joseph Ryan Byram, 38, of Adger, with being a felon in possession of a firearm. In July 2021, Byram illegally possessed a Rock Island Armory .38 caliber revolver in Jefferson County.
A one-count indictment filed in U.S. District Court charges Christopher Kevin Key, 46, of Anniston, with being a felon in possession of a firearm. In August 2021, Key illegally possessed a Lorcin .25 caliber pistol in Calhoun County.
The maximum penalty for being a felon in possession of a firearm is 10 years in prison.
The maximum penalty for possession with the intent to distribute a controlled substance is 20 years in prison.
ATF investigated the cases, along with the Jefferson County Sheriff’s Office, Birmingham Police Department and Anniston Police Department. Assistant U.S. Attorney Darius Greene is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Convicted Felon Charged with Illegal Firearm PossessionRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury today charged a convicted felon with illegal firearm possession, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Mickey French.
A one-count indictment filed in U.S. District Court charges Deanglo Rashad Stephens, 32, of Birmingham, with being a felon in possession of a firearm.
According to the indictment, on November 13, 2021, Stephens unlawfully possessed a FN 9mm pistol. Stephens is prohibited from possessing firearms due to prior felony convictions. In October 2021, Stephens pleaded guilty to being a felon in possession of a firearm in the U.S. District Court for the Northern District of Alabama, and was out on bond awaiting sentencing at the time of the new offense.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
ATF investigated the case. Assistant U.S. Attorney Brittney Plyler is prosecuting the case.
Nigerian Nationals Sentenced for Role in Money Laundering ConspiracyRead the Press Release
BIRMINGHAM, Ala. – A federal judge sentenced two Nigerian nationals yesterday for their role in an international money laundering conspiracy, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Johnnie Sharp, Jr.
U.S. District Court Judge Anna M. Manasco sentenced Paulinus Ebhodaghe, 40, of Clementon, New Jersey to 46 months in prison. Ebhodaghe pleaded guilty to conspiracy to commit money laundering in September 2021. Ohimai Asikhia, 37, of Glassboro, New Jersey, was sentenced to 18 months in prison. Asikhia pleaded guilty to conspiracy to commit money laundering in March 2021.
“The defendants helped cybercriminals obscure the source of their ill-gotten gains and squirrel away fraud proceeds in overseas accounts,” U.S. Attorney Escalona said. “Citizens are urged to carefully scrutinize any email directing the transfer of money via wire. I would like to thank the FBI for their hard work in tracking down and bringing these defendants to justice.”
“Business email compromise is one of the most financially damaging online crimes,” SAC Sharp said. It exploits the fact that so many of us rely on email to conduct business—both personal and professional. If you or your company fall victim to BEC, it’s important that you act quickly and notify your financial institution. Then, immediately file a report with the FBI’s Internet Crime Complaint Center, at www.ic3.gov.”
According to court documents, from June 2018 through November 2018, Ebhodaghe and Asikhia helped launder hundreds of thousands of dollars in fraud proceeds. During the course of the conspiracy, they would receive wire transfers from business email compromise, romance scam, and other fraud victims; move the fraud proceeds between bank accounts to disguise their origin and conceal their fraudulent nature; and then wire the proceeds to bank accounts in Nigeria or use them to purchase automobiles that were shipped overseas. Ebhodaghe and Asikhia typically received fees of twenty percent or more of the funds that they laundered.
The FBI investigated the case, which was prosecuted by Assistant U.S. Attorney Edward J. Canter.
Former Chick-fil-A Employees Sentenced for Scheme to Steal FundsRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced two former Chick-fil-A employees for their roles in a conspiracy to defraud their former employer, announced U.S. Attorney Prim F. Escalona and U.S. Secret Service Special Agent in Charge Patrick M. Davis.
U.S. District Judge Madeline H. Haikala sentenced Larry James Black, Jr., 37, of Center Point to 30 months in prison. Black pleaded guilty to conspiracy to commit wire fraud and bank fraud in September 2021. Joshua Daniel Powell, 40, of Moody was sentenced to 15 months in prison. Powell pleaded guilty to conspiracy to commit wire fraud in June 2021. During the time period charged in the indictment, Black and Powell were both directors at the Chick-fil-A location in the Five Points South neighborhood of Birmingham.
According to the plea agreement, between April 2018 and January 2020, Black and Powell devised and implemented a scheme to divert $492,000 in customer payments away from Chick-fil-A Five Points and direct them instead to bank accounts under their control. Black and Powell used these accounts to receive customer credit card payments intended for Chick-fil-A Five Points. Many of these payments were for catering orders from large customers. To effectuate the scheme, Black and Powell used fraudulent email and digital payment accounts that imitated the look of official Chick-fil-A accounts. In addition to these fraudulent “Chick-fil-A” accounts, Black and Powell also utilized a personal email account belonging to Powell to intercept virtual credit card payments that were made on behalf of an additional customer.
In addition to conspiring to defraud Chick-Fil-A Five Points, Black acknowledged in his plea agreement that he provided a false social security number to various financial institutions and executed a scheme to defraud his mortgage lender. In January 2020, Black applied for a mortgage loan. In connection with his loan application, Black forged payroll records and made misrepresentations regarding his income from the Chick-fil-A franchise. As a result of these material misrepresentations, Black was able to secure a mortgage in the amount of $159,948.00 to finance the purchase of a home in Center Point, Alabama.
The U.S. Secret Service Cyber Fraud Task Force investigated the case. Assistant U.S. Attorney Edward J. Canter prosecuted the case.
Repeat Child Sex Offender Sentenced to over 10 Years in Prison for Possession of Child PornographyRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a previously convicted sex offender for possession of child pornography, announced U.S. Attorney Prim F. Escalona and U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent in Charge Katrina W. Berger.
U.S District Court Judge Annemarie C. Axon sentenced Michael Edward Horton, 52, of Bessemer, to 135 months in prison to be followed by supervised release for life. On October 13, 2021, Horton pleaded guilty to possession of child pornography.
“Possession of child pornography is an intolerable crime that victimizes the most vulnerable,” U.S. Attorney Escalona said. “We are grateful for the collaborative efforts of our federal, state, and local law enforcement partners to stop this repeat child predator.”
“Whenever one of these images is shared or viewed it victimizes an innocent child all over again, making it extremely difficult for the victim to recover.” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Stopping those who delight in and distribute this filth is one of the most important missions HSI has.”
According to the plea agreement, in March 2020, law enforcement received several cyber tips from the National Center for Missing and Exploited Children (NCMEC) that images of child pornography had been uploaded to an Instagram account registered to Horton. In April 2020, a state search warrant was obtained for Horton’s residence and agents seized two cell phones. During a forensic review of one of Horton’s cell phones, 95 images and 28 videos of children being sexually exploited were identified. Horton stated that his exchange of child pornography began in late 2019 and was primarily conducted through Instagram, Wickr, Telegram, and Tumblr. Horton had previously been convicted of Sexual Abuse First-Degree of a child in 1998 in the Ninth Judicial Circuit of Alabama.
U.S. Immigration and Customs Enforcement Homeland Security Investigations investigated the case, along with the Alabama Law Enforcement Agency and Bessemer Police Department. Assistant U.S. Attorneys R. Leann White and Daniel McBrayer prosecuted the case.
Inmate Sentenced to More Than 12 Years in Prison on Assault ChargeRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a federal inmate on an assault charge, announced U.S. Attorney Prim F. Escalona and U.S. Secret Service Special Agent in Charge Patrick Davis.
U.S District Court Judge Liles C. Burke sentenced Lemond Lawrence Burns, 22, of Alpine, to 150 months in prison. Burns pleaded guilty to the assault of a Morgan County Corrections Officer resulting in bodily injury in October 2021.
“Corrections officers perform a difficult and sometimes dangerous job to ensure that inmates are housed safely,” U.S. Attorney Escalona said. “My office will not hesitate to prosecute any inmates who violate the law by attacking and injuring corrections officers.”
“Following his arrest on financial crimes charges, Lemond Burns assaulted a Morgan County Corrections Officer,” SAC Davis said. “We are thankful to our local law enforcement partners and the US Attorney’s Office for their efforts in the prosecution of this case. Law enforcement is a noble calling and any acts of violence against law enforcement cannot be tolerated in a just society.”
“Today, justice was served. I am grateful for U.S. Attorney Escalona and the U.S. Secret Service for their handling of this case,” Morgan County Sheriff Ron Puckett said. “Corrections Officers work tirelessly in a profession that many would never attempt. The senseless, brazen assault on Officer Evans was unacceptable and today's sentence reinforces that sentiment.”
According to the plea agreement, in April 2021, Burns was a federal inmate being held in custody at the Morgan County Jail. Burns was awaiting sentencing on a previous federal conviction. On April 19th, Burns assaulted a female corrections officer who was working at the jail. Burns punched her two times and knocked her to the ground. The corrections officer sustained injuries to her face and teeth and was transported to the hospital.
The U.S. Secret Service investigated the case along with Morgan County Sheriff’s Office. Assistant U.S. Attorney Robin B. Mark prosecuted the case.
Leeds Man Sentenced to 10 Years in Prison for Two RobberiesRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Leeds man in connection with two robberies, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
U.S. District Judge Abdul K. Kallon sentenced Adam James Mordecai, 38, to 120 months in prison. Mordecai pleaded guilty to one count of Hobbs Act Robbery and one count of Bank Robbery in August 2021.
According to the plea agreement, Mordecai committed robberies at two different locations in Birmingham taking prescription drugs and cash. The robberies occurred in June and October 2020.
On June 2, 2020, Mordecai entered the CVS Pharmacy located on Gadsden Highway in Birmingham and walked around the store for approximately 30 minutes before approaching the pharmacist. Mordecai lifted his shirt to show the pharmacist a firearm in his waistband and demanded “Alprazolam” (Xanax). The pharmacist told Mordecai that the Xanax was in a time delayed safe. Mordecai did not believe her, so he opened the pharmacy counter door and went behind the counter where the pharmacy kept filled prescriptions. Mordecai filled a plastic tote with more than $20,000 worth of filled prescriptions and left the pharmacy.
On October 26, 2020, Birmingham Police officers responded to a robbery at the Alatrust Credit Union located on Montclair Road in Birmingham. Mordecai approached the teller and asked for a deposit slip. The teller handed Mordecai the deposit slip, and he wrote on the back, “Large bills only hurry make no scene,” and returned the slip to the teller. The teller gave Mordecai $3,800. Mortdecai left the bank in a white Dodge Journey. Shortly thereafter, Irondale police officers found a disabled white Dodge Journey near some apartments. The officers learned that Mordecai was inside his apartment and set up a perimeter until he exited his apartment voluntarily.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
FBI investigated the case along with the Birmingham Police Department and Irondale Police Department. Assistant U.S. Attorney Brittney Plyler prosecuted the case.
Jefferson County Agencies Awarded Cold Case Homicide Investigation GrantRead the Press Release
BIRMINGHAM, Ala. – The District Attorney’s Office of Jefferson County (Birmingham Division) and the Jefferson County Memorial Project (JCMP) have been awarded $498,933 of funding through the Department of Justice’s Emmett Till Cold Case Investigations and Training and Technical Assistance Program. The grant will support cold case homicide investigations by the District Attorney’s Office, as well as a community education and truth and reconciliation process implemented by JCMP.
The Emmett Till Cold Case Investigations Program was launched in 2020 to provide support to law enforcement and prosecutors in their investigations and prosecutions of cold case murders associated with civil rights violations occurring no later than December 31, 1979. The Emmett Till Cold Case program complements the Emmett Till Unsolved Civil Rights Crime Acts, which have led to the closing of 118 homicide investigations by federal and local law enforcement and prosecutor agencies across the country. Ten of the civil rights era homicides closed through the earlier acts are from Alabama and can be found at Civil Rights Division Emmett Till Act (Cold Case Closing Memoranda).
“The people and communities of Jefferson County are forever shaped by the crime and terror that occurred here to prevent the full equality of all people before the law. The legacy of that era, including possible unresolved crimes, deserve the full sunlight of day and a comprehensive review”, said District Attorney Danny Carr. “I’m grateful for the resources that can assist my office’s efforts to bring healing and justice in our time to the families of victims and our community that were forever harmed by the hate, terror, and violence that once lived among and around us.”
“For most of Jefferson County’s existence, racial terror and violence pervaded our community. Lynchings, bombings, violence, and terror were the means that criminals brazenly wielded with impunity”, said Joi Brown, Executive Director of the Jefferson County Memorial Project. “The telling of this history of violence and harm will and should make us uncomfortable. It was reprehensible and an abomination to every value that our society says it holds dear”, added Brown. “However, we still have in our community the decedents and surviving family members of victims of this violence. JCMP will care for the victims of violence, their families, and our community by ensuring that their story is told, so that our community will never forget and will never go back to being the place of hate, violence, and terror that it once was.”
“The mission of law enforcement and prosecutors to seek justice for the victims of homicides and their families does not have an expiration date. We will ardently partner with and support efforts of the District Attorney’s Office and our federal and local law enforcement partners to bring relief to families of victims and our community,” said United States Attorney Prim Escalona. “The Department of Justice was founded in 1870 for the express purpose of combatting civil rights terror and violence. That mission and charge have never left the Department of Justice or federal law enforcement. The support brought by the Emmett Till program is a sobering reminder both of the cruel harm once done in our community and our charge to endlessly seek justice in response to it.”
The Jefferson County Memorial Project will partner with Northeastern University’s Civil Rights and Restorative Justice Project (CRRJ) to provide technical and training assistance to the Jefferson County District Attorney’s Office, as well as community-oriented truth and reconciliation conversations related to the Emmett Till Project. Founded in 2018, the Jefferson County Memorial Project is a grassroots multi-racial, multi-faith, multi-sector, multi-generational coalition working toward educating the public on the difficult history of racial terror and placing markers in memory of Jefferson County’s lynching victims. Northeastern University’s Civil Rights and Restorative Justice Project was founded by and is led by Birmingham native Margaret Burnham. The CRRJ supports the academic and teaching projects of scholars within and beyond Northeastern University, and the restorative justice efforts in communities to honor this history.
Mississippi Resident Sentenced to 78 Months in Prison for Healthcare FraudRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Mississippi resident for healthcare fraud and conspiracy to commit healthcare fraud, announced U.S. Attorney Prim F. Escalona and Department of Health and Human Services, Office of Inspector General, Special Agent in Charge Derrick Jackson .
Chief U.S. District Court Judge L. Scott Coogler sentenced Phillip Minga, 56, of Amory, Mississippi, to 78 months in prison. In August, Minga pleaded guilty to four counts of health care fraud and one count of conspiracy to commit health care fraud. The court also ordered Minga to forfeit $7.1 million and to repay more than $16.1 million in restitution.
“By continuing to own or manage pharmacies in Alabama and Mississippi that accepted Medicare patients, Minga did exactly what he agreed not to do” U.S. Attorney Escalona said. “Medicare may exclude persons and companies that it believes do not meet the program’s high standards. Today’s sentence demonstrates that fraudulently evading an exclusion from Medicare is a serious offense with serious criminal penalties.”
“Being a healthcare professional in the Medicare program is a privilege, not a right. When an excluded healthcare provider knowingly disregards restrictions and bills federal health care programs, they divert funds intended to provide care and services for our country’s most vulnerable population,” said Special Agent in Charge Derrick L. Jackson of the HHS-OIG Atlanta Regional Office. “Today’s sentencing should serve as a warning to those who seek to enrich themselves through such fraud schemes.”
According to documents filed by the government, on October 17, 2016, Minga signed a written agreement in which he agreed to be excluded from the Medicare Program for 10 years. The exclusion agreement provided that Medicare would not pay claims submitted by anyone who employed Minga in a management or administrative role. Nevertheless, from 2016 until 2021, Minga committed healthcare fraud by continuing to manage and control pharmacies that submitted claims for payment to Medicare. In order to avoid detection, Minga ensured that those submitting Medicare enrollment/revalidation paperwork for these pharmacies would not disclose Minga’s ownership interest or managerial role in these pharmacies. From October 17, 2016, to August 16, 2021, Medicare paid approximately $16,109,446.67 to the pharmacies in which Minga had an ownership interest or managerial role.
HHS-OIG investigated the case. Assistant U.S. Attorneys Lloyd Peeples, Ryan Rummage, and Don Long prosecuted the case.
Vestavia Hills Man Pleads Guilty to Bank Fraud SchemeRead the Press Release
BIRMINGHAM, Ala. – Today, a Vestavia man pleaded guilty to a bank fraud scheme in which he provided fraudulent information to financial institutions for the purpose of purchasing boats, luxury vehicles, and heavy equipment, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
Christopher A. Montalbano, 38, of Vestavia, pleaded guilty before U.S. District Judge Annemarie C. Axon to conspiracy to commit bank fraud, bank fraud and money laundering.
According to the plea agreement, between 2015 and 2020 Montalbano fraudulently obtained millions of dollars in loans from at least sixteen different financial institutions by submitting fraudulent information to the financial institutions in loan applications and in supporting documentation. Montalbano obtained these loan proceeds in his personal name, through a shell company, or in the name of a co-conspirator. Montalbano specifically used the loan proceeds to pay for an extravagant lifestyle which included traveling on a private jet aircraft, employing private pilots, employing a personal assistant, purchasing multiple high-end vehicles including Lamborghinis and Ferraris, and purchasing multiple real properties, including a residential home in a gated community, a lake house, and farmland.
To further facilitate the bank fraud scheme, Montalbano created internet websites for some of his shell companies including Land Work Tractor & Equipment (LWT&E), previously located in Florida and then Vincent, Alabama. On the LWT&E website, Montalbano posted photographs of agricultural and construction equipment, UTVs and boats which were purportedly in LWT&E’s possession and for sale. However, the majority of these photographs were copied and taken from the internet websites of legitimate equipment dealers. As a further part of the scheme, Montalbano purchased adjoining properties totaling approximately 150 acres in Vincent, Alabama, where LWT&E was purportedly located. Montalbano then gated the private access road(s) which both prevented unscheduled access, and severely limited the lenders’ ability to verify LWT&E’s possession of the equipment being sold and/or the validity of the equipment pictures on LWT&E’s internet website.
The maximum penalty for conspiracy to commit bank fraud and bank fraud is 30 years in prison.
The maximum penalty for money laundering is 10 years in prison.
The Federal Bureau of Investigation investigated the case. Assistant U.S. Attorneys Robin B. Mark and Kristen Osborne are prosecuting the case.
11 Individuals Charged in a Scheme to “Straw Purchase” FirearmsRead the Press Release
BIRMINGHAM, Ala. – Eleven individuals have been indicted on charges involving straw purchasing of firearms, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Explosives, and Firearms Special Agent in Charge Mickey French.
According to the 14-count indictment filed in U.S. District Court, between September 2020 and December 2020, multiple handguns were purchased by straw purchasers from licensed firearms dealers located in Tuscaloosa County.
Adrian Benito Carter, 26, of Tuscaloosa, is charged in 13 counts with offenses of being a felon possession of a firearm, engaging in the business of selling firearms without a license, making a false statement for federal firearm licensee records, and making a false statement during the purchase of a firearm.
Chasitychampayle La’Shay Bell, 23, of Tuscaloosa, and April Nicole Knox, 30, of Tuscaloosa, are charged with making a false statement during the purchase of a firearm.
Rikela Denise Chandler, 23, of Tuscaloosa, and Laquetta Venea Hall, 40, of Tuscaloosa, are charged with making a false statement for federal firearm licensee records.
Timothy Neal Coleman, 28, of Tuscaloosa, and Aaron Tyrone Taylor, 23, of Tuscaloosa, are charged with making a false statement during the purchase of a firearm.
Christopher Jermaine Dean, 33, of Cottondale, Tyler Allen Neal, 23, of Tuscaloosa, and La’darrius Deshon Whitehead, 25, of Tuscaloosa, are charged with making a false statement for federal firearm licensee records and making a false statement during the purchase of a firearm.
Darron Deshone Taylor, Jr, 25, of Tuscaloosa, is charged with being a felon possession of a firearm and making a false statement during the purchase of a firearm.
The maximum penalty for being a felon in possession of a firearm and giving a false statement during the purchase of a firearm is 10 years in prison.
The maximum penalty for engaging in the business of selling firearms without a license and making a false statement for federal firearm licensee records is five years in prison.
This case is a part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The Alcohol, Tobacco, Firearms and Explosives’ campaign "Don’t Lie for the Other Guy" is a part of PSN aimed at reducing firearm “straw purchases”, the illegal purchase of a firearm by one person for another, and to educate would-be straw purchasers of the penalties of knowingly participating in an illegal firearm purchase. More information about the campaign can be found at: www.dontlie.org.
The ATF investigated the case. Assistant U.S. Attorney Brittney Plyler is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Multiple Defendants Charged in a Scheme to “Straw Purchase” Firearms Appeared in Federal CourtRead the Press Release
BIRMINGHAM, Ala. – Three defendants charged in a scheme to “straw purchase” firearms appeared in federal court this week. Two additional defendants have pleaded guilty and are awaiting sentencing. U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Explosives, and Firearms Special Agent in Charge Mickey French made the announcement.
Yesterday, Michael Tiree Coleman, 24, of Tuscaloosa, pleaded guilty before Chief U.S. District Judge L. Scott Coogler to giving a false statement during the purchase of a firearm. Coleman is scheduled for sentencing on March 22, 2022.
In October, Dayquan A. Haley, 23, of Boston, Massachusetts, and Darius Marquise Collins, 25, of Boston Massachusetts, were arrested in Boston on charges related to conspiracy to falsify information on firearm acquisition records in separate, but related indictments filed in the Northern District of Alabama. Haley and Collins were arraigned on Wednesday afternoon before United States Magistrate Judge Staci G. Cornelius. An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
According to court documents, ATF Birmingham Field Division received a referral from ATF's Crime Gun Intelligence Center about multiple firearms purchases from Three Factors Unlimited, Inc., doing business as Wade’s Jewelry and Pawn, in Tuscaloosa, Alabama. Between November 2019 and March 2021, Walker, Brown, and Coleman – the straw purchasers – purchased approximately 42 handguns from Wade’s Jewelry and Pawn. Coleman also purchased three firearms from Blue Bore Armory in Demopolis, Alabama. During that time, Haley and Collins partnered with Walker, Brown, and Coleman, who were permitted to buy guns from licensed dealers in Alabama. As Massachusetts residents, Haley and Collins could not buy handguns from licensed dealers in Alabama and take them back to Massachusetts. The straw purchasers falsified documents by specifically stating that they were the actual buyers when in fact they were buying the firearms for Haley and Collins. Haley and Collins provided the straw purchasers with funds to buy firearms and also paid them for purchasing the firearms.
On March 11, 2020, a traffic stop was conducted in South Carolina in which Haley was in possession of several firearms, 14 of which were purchased by Walker from Wade’s Jewelry and Pawn. Several of the other firearms that Walker purchased were recovered by law enforcement in Boston, Massachusetts. One of the firearms purchased, by Walker in Alabama on November 18, 2019, was used in a homicide in Boston, Massachusetts on April 15, 2020.
On July 20, 2020, Uniontown police officers encountered Collins and Haley, at the E&Z Event Center in Uniontown, Alabama. Collins and Haley were in possession of multiple firearms which had been purchased by Brown from Wade’s Jewelry and Pawn in July 2020.
In August, Jeremy Bernard Brown, 30, of Tuscaloosa, pleaded guilty before Chief Judge L. Scott Coogler to giving a false statement during the purchase of a firearm. Brown is scheduled for sentencing on May 24, 2022.
In July, Demarcus Montez Walker, 25, of Tuscaloosa, pleaded guilty before Chief Judge L. Scott Coogler to giving a false statement during the purchase of a firearm. Walker is scheduled for sentencing on May 24, 2022.
Coleman, Brown, and Walker face up to 10 years in prison for giving a false statement during the purchase of a firearm.
Haley and Collins face up to five years in prison for conspiracy to falsify information on firearm acquisition records.
These cases are a part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The Alcohol, Tobacco, Firearms and Explosives’ campaign "Don’t Lie for the Other Guy" is a part of PSN aimed at reducing firearm “straw purchases”, the illegal purchase of a firearm by one person for another, and to educate would-be straw purchasers of the penalties of knowingly participating in an illegal firearm purchase. More information about the campaign can be found at: www.dontlie.org.
The ATF investigated the case. Assistant U.S. Attorney Kristy Peoples and Darius Greene are prosecuting the case.
Justice Department Announces $139 Million for Law Enforcement Hiring to Advance Community PolicingRead the Press Release
BIRMINGHAM, Ala. – The Department of Justice today announced more than $139 million in grant funding through the department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The awards provide direct funding to 183 law enforcement agencies across the nation, allowing those agencies to hire 1,066 additional full-time law enforcement professionals. In the Northern District of Alabama one city was awarded funding totaling $241,136.
“We are committed to providing police departments with the resources needed to help ensure community safety and build community trust,” said Attorney General Merrick B. Garland. “The grants we are announcing today will enable law enforcement agencies across the country to hire more than 1,000 additional officers to support vitally important community oriented policing programs.”
“I am grateful for this additional support that will strengthen the ability of the Fairfield Police Department to protect and serve their community,” said U.S. Attorney Prim Escalona for the Northern District of Alabama. “The demands upon local law enforcement agencies to respond to violent crime and trauma within the community are only increasing. Many law enforcement agencies, other first responders, and victim service providers are struggling to maintain adequate staffing to meet these demands. I am thankful to the Department of Justice and the COPS Office for providing these resources. My office will continue to work with law enforcement and community partners to increase the support and services, which are needed within our community”.
The following city in the Northern District of Alabama received an award:
- City of Fairfield – $241,136
CHP is a competitive award program intended to reduce crime and advance public safety through community policing. CHP provides funds directly to law enforcement agencies to hire new or rehire additional career law enforcement officers, thereby increasing their community policing capacity and crime prevention efforts. Of the 183 agencies awarded grants today, approximately half will use the funding to focus on building legitimacy and trust between law enforcement and communities; 41 agencies will seek to address high rates of gun violence; 21 will focus on other areas of violence; and 19 will focus CHP resources on combating hate and domestic extremism or supporting police-based responses to persons in crisis. The complete list of awards can be found here.
Since its creation in 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 officers. CHP, COPS’ flagship program, continues to be in demand today: In FY21, COPS received 590 applications requesting nearly 3,000 law enforcement positions. For FY22, President Biden has requested $537 million for CHP, an increase of $300 million.
To learn more about CHP, please visit https://cops.usdoj.gov/chp-award. For additional information about the COPS Office, please visit https://cops.usdoj.gov/.
The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served.
Corrections Officer Sentenced to 87 Months in Prison for Distribution of MethamphetamineRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a former Alabama Department of Corrections Officer for unlawful possession with intent to distribute methamphetamine in a state prison, announced U.S. Attorney Prim F. Escalona and Drug Enforcement Administration Special Agent in Charge Brad L. Byerley.
Senior U.S. District Court Judge Karon O. Bowdre sentenced Gary Charles Dixon, Jr., 36, to 87 months in prison on one count of distribution of fifty grams or more of methamphetamine. Dixon pleaded guilty to the charges on July 20, 2021.
“Smuggling contraband into our state prisons compromises the safety of everyone in the facility,” said U.S. Attorney Escalona. “This type of conduct, especially by those sworn to protect the institution, will not be tolerated. We will continue to work with our law enforcement partners to investigate and prosecute corrections officers who violate positions of public trust.”
“Corrections officers have the responsibility to serve the public and protect their communities. This defendant abused that responsibility and used his position to distribute drugs,” stated Drug Enforcement Administration Special Agent in Charge Brad L. Byerley. “By doing so, he not only violated his duties as a corrections officer, but also endangered the health and safety of inmates and staff through his actions.”
According to the facts presented at the sentencing hearing, on November 15, 2020, Dixon attempted to smuggle 497 grams of methamphetamine into William E. Donaldson Correctional Facility in Bessemer, Alabama, where he was employed as a corrections officer.
The DEA investigated the case, which Assistant U.S. Attorney Jonathan Cross prosecuted.
Alabama Man Pleads Guilty to Firearms OffensesRead the Press Release
WASHINGTON – Lonnie Leroy Coffman, 71, of Falkville, Alabama, pleaded guilty today to federal and local firearms offenses stemming from the discovery of weapons in his pickup truck parked near the U.S. Capitol on Jan. 6.
According to his plea agreement, Coffman traveled from Alabama to the District of Columbia several days prior to Jan. 6 and parked his red GMC Sierra pickup truck in the 300 block of First Street, SE, on the morning of Jan. 6. Less than half a mile away in the U.S. Capitol Building, a joint session of the U.S. Congress was scheduled to meet in the afternoon to ascertain and count the electoral votes related to the presidential election.
Coffman admitted in the plea agreement that he exited the pickup truck at 9:20 a.m. and walked in the direction of the U.S. Capitol Building, and towards a rally near the National Mall. Inside the pickup truck were several loaded firearms within arms-reach of the driver’s seat, hundreds of rounds of ammunition, large-capacity ammunition feeding devices, a crossbow with bolts, machetes, camouflage smoke devices, a stun gun, and a cooler containing 11 mason jars filled with ignitable ingredients for Molotov cocktail incendiary weapons. Coffman also carried a loaded handgun and a loaded revolver as he walked around the area that day. A search of Coffman’s residence in Alabama later that month led to the discovery of 12 additional mason jars containing ignitable substances, each constituting the component parts of Molotov cocktails.
Coffman did not have a license to carry a pistol in the District of Columbia and had not registered any firearms or destructive devices in the National Firearms Registration and Transfer Record, as required by law.
Coffman has been in custody since his arrest on Jan. 6.
Coffman pleaded guilty in two separate criminal cases, one brought in the District of Columbia on Jan. 6, and the other brought in the Northern District of Alabama and transferred to the District of Columbia for purposes of plea and sentencing. Coffman pleaded guilty to two counts of possession of an unregistered firearm, a federal offense, regarding the component parts of Molotov cocktails discovered in his pickup truck in Washington, D.C., and at his residence in Alabama. Coffman also pleaded guilty to carrying a pistol without a license, a District of Columbia offense.
The Honorable Colleen Kollar-Kotelly scheduled sentencing for April 1, 2022. Coffman faces up to 10 years in prison and a $250,000 fine for each of the federal offenses and faces up to five years in prison and a $12,500 fine for the District of Columbia offense. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Attorney’s Office for the District of Columbia, the U.S. Attorney’s Office for the Northern District of Alabama, and the Department of Justice National Security Division’s Counterterrorism Section are prosecuting the case. The FBI’s Birmingham and Washington Field Offices, and the U.S. Capitol Police are investigating the case.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
Trussville Man Sentenced to 22 Years in Prison for Guns, Drugs and EscapeRead the Press Release
BIRMINGHAM, Ala. – A Trussville man was sentenced today on gun, drug, and escape charges, announced U.S. Attorney Prim F. Escalona, Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Mickey French, and U.S. Marshal Martin Keely.
U.S. District Judge Abdul K. Kallon sentenced Timothy Allen Phillips, 40, to 264 months in prison for possession with intent to distribute 50 grams or more of methamphetamine, being a felon in possession of a firearm, and escape from the custody of the Attorney General.
“Repeat offenders like this defendant, who deal drugs and illegally possess firearms, are the focus of our enforcement efforts to reduce violent crime in our communities.” U.S. Attorney Escalona said. “We are grateful for the excellent work of the Irondale and Argo Police Departments, the ATF, and the U. S. Marshal’s Service to make the cases that would put this defendant in prison for 22 years.”
“ATF’s Crime Gun Intelligence partnerships once again have proven to be effective in reducing violent crime,” SAC Mickey French said.
According to the plea agreement, on September 13, 2019, Irondale Police Department executed a search warrant on Center Street in Trussville, Alabama, where Phillips resided. Inside the house officers found methamphetamine and a digital scale. There was also a small barn located at the property where officers found marijuana and drug paraphernalia, including items used to smoke marijuana. Phillips told officers that he had weapons hidden in the eve on the front porch. Officers recovered a Springfield .45 caliber handgun and a Cobra .22 caliber derringer handgun from the overhang on the front porch.
On February 19, 2020, a confidential informant (CI) made a controlled drug purchase of methamphetamine from Phillips’ residence. The CI had been to the residence on more than one occasion. On February 21, 2020, a search was executed at Phillip’s residence, based on the CI’s purchase on February 19th. Officers recovered a Remington 12-gauge short-barreled shotgun from a storage shed. Officers also recovered multiple firearms and rounds of ammunition, and approximately 225 grams, and 84 blotter units of LSD from inside the residence.
On February 27, 2020, a police officer made a traffic stop on the driver of a grey Chevy Tahoe for a switched tag. The officer identified the driver as Phillips. Phillips had a suspended driver’s license and an outstanding warrant with ATF. Officers recovered marijuana, a Smith & Wesson .357 revolver, and a Ruger .380 caliber pistol from the vehicle. Both firearms were loaded with 6 rounds each.
On February 24, 2020, ATF agents arrested Phillips after he was charged for being a felon in possession of a firearm. On that same day, Phillips was released on bond. On March 9, 2020, Phillips’ bond was revoked, and he was remanded into the custody of the Attorney General. Phillips was booked into the Talladega County Jail, as a federal inmate.
On April 30, 2020, Phillips escaped from the Talladega County Jail. Local law enforcement along with the United States Marshals Service began a search for Phillips. Later that afternoon, federal law enforcement officers located Phillips at a residence in Ohatchee, Alabama. Phillips was taken into custody without incident.
The ATF and United States Marshals Service investigated the case along with the Irondale Police Department and Argo Police Department. Assistant United States Attorney John Camp prosecuted the case.
Final guilty pleas expose multi-state identity fraud ringRead the Press Release
BRUNSWICK, GA: The last of four defendants has admitted guilt in an elaborate multi-state scheme to use stolen information to create fake identity cards for fraudulently purchasing cell phones.
Kenson Hunte, 36, of Canton, Ga., pled guilty to Possession with Intent to Use Five or More False Identification Documents in a case from the Southern District of Georgia, and to Aggravated Identify Theft in a related case from the Northern District of Alabama, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. Hunte faces a statutory penalty of up to five years in prison and up to $250,000 fines in the Georgia case, and a minimum of two years in prison and up to $250,000 in fines in the Alabama case, all followed by a period of supervised release. There is no parole in the federal system.
“Hunte and his codefendants attempted to enrich themselves by creating and using fake documents that potentially put dozens of innocent people at substantial financial risk,” said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. “We commend the Georgia State Patrol for exposing this scheme while working to keep our highways safe.”
“This defendant left innocent people with the burden of repairing their financial reputation,” said U.S. Attorney Prim Escalona for the Northern District of Alabama. “Through collaboration with our fellow U.S. Attorney’s Office in the Southern District of Georgia, this perpetrator has been brought to justice.”
Three codefendants also have admitted to participating in the scheme, with Sheryl Henderson, 39, of Norcross, Ga.; Colby Hart, 27, of Vidalia, Ga.; and Monique Laing, 23, of Atlanta, all pleading guilty to Possession with Intent to Use Five or More False Identification Documents. Henderson awaits sentencing, while Laing is serving 16 months in federal prison and Hart is on supervised release after being sentenced to time served. Hunte’s sentencing date has not yet been set.
All four defendants were in a vehicle driven by Henderson that was stopped for speeding by a Georgia State Patrol trooper on State Road 27 in Glynn County on March 6, 2019. During a subsequent search, troopers found 44 fake driver’s licenses and identification cards appearing to have been issued in various states, with all of the cards using the personal information of other individuals.
Evidence presented in court showed that beginning in or about January 2019 through May 2019 in Jefferson County, in the Northern District of Alabama, Hunte and a co-conspirator used the fraudulently created identification cards to purchase cell phones and network contracts through a third-party retailer in a Wal-Mart store in Homewood, Ala. Hunte paid only a percentage of the cost up front for the phones and contracts, fraudulently purchasing approximately 127 phones.
The conspirator received employee commissions from the retailer and kickbacks from Hunte, while Hunte profited from the black market sale of the fraudulently obtained phones. The total loss amount from the conspiracy is $104,347.16.
“Even the most conniving criminals can’t outrun the team effort of the federal, state and local law enforcement agencies tasked with pursuing them,” said U.S. Secret Service Special Agent in Charge Steven R. Baisel. “This case should serve as a reminder to fraudsters that you can’t escape the long arm of the law.”
“These guilty pleas are the result of the determination and hard work of federal, state and local investigators and prosecutors who aggressively pursue allegations of identity theft,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI will continue to work hard to pursue any individual who greedily puts innocent people at financial risk for their own personal gain.”
The cases were investigated by the FBI, the U.S. Secret Service, and the Brunswick Police Department, with assistance from the Georgia State Patrol and the Glynn County Sheriff’s Office, and prosecuted for the United States by Southern District of Georgia Assistant U.S. Attorney Joshua S. Bearden and Northern District of Alabama Assistant U.S. Attorney Robin B. Mark.