Northern District of Alabama
Press releases recorded for this federal judicial district.
Birmingham Man Sentenced to 17 Years in Prison for KidnappingRead the Press Release
BIRMINGHAM, Ala. – A Birmingham man was sentenced today for kidnapping and collecting ransom money, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Johnnie Sharp, Jr., and United States Secret Service Special Agent in Charge Patrick Davis.
U.S. District Judge Abdul K. Kallon sentenced Matthew Amos Burke, 35, to 204 months in prison for kidnapping, bank fraud, and conspiracy to commit bank fraud. Burke pleaded guilty to the charges in April.
According to the plea agreement, on September 11, 2020, Burke unlawfully entered the home of the victim. Burke then abducted the victim and transported him to Burke’s residence, where the victim was forced to transfer $250,000 from his bank account into another bank account as directed by Burke. Once $250,000 was transferred, Burke drove the victim back to his residence and released him. The victim then contacted the Birmingham Police Department and the Mountain Brook Police Department.
The FBI and Secret Service investigated the case along with the Birmingham Police Department and the Mountain Brook Police Department. Assistant United States Attorneys John Camp and William Simpson prosecuted the case.
Gadsden Man Pleads Guilty to Preparing False Tax ReturnsRead the Press Release
BIRMINGHAM, Ala. – A tax preparer pleaded guilty today to preparing false tax returns on behalf of himself and his clients resulting in a tax loss to the U.S. taxpayer of more than $140,000, announced U.S. Attorney Prim F. Escalona and IRS Criminal Investigations Atlanta Field Office Special Agent in Charge James Dorsey. .
Jamichael D. Whiteside, 37, of Gadsden, pleaded guilty before U.S. District Judge R. David Proctor to one count of aiding or assisting in the preparation of a false tax return and one count of making and subscribing a false tax return.
According to the plea agreement, between tax years 2016 and 2019, Whiteside prepared materially false tax returns for several clients at ZJ Tax Service in Gadsden. To generate larger income tax returns for his clients, Whiteside falsified dependent care expenses, education expenses, charitable deductions, and included fabricated losses for businesses that did not exist. In addition to preparing and filing false tax returns on behalf of his clients, Whiteside willfully underreported his own income in tax years 2016 and 2017. In total, Whiteside’s actions resulted in more than $140,000 in tax loss.
The Internal Revenue Service Criminal Investigations Atlanta Field Office investigated the case. Assistant U.S. Attorney Jonathan “Jack” Harrington is prosecuting the case.
Mobile Doctor Sentenced to Four Years for Role in Major Compounding Pharmacy Fraud ConspiracyRead the Press Release
Tuscaloosa, Ala. – A Mobile-area doctor was sentenced today for her role in a major compounding pharmacy fraud scheme, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr., U.S. Department of Health and Human Services, Office of Inspector General, Special Agent in Charge Derrick L. Jackson, Defense Criminal Investigative Service Special Agent in Charge Cynthia Bruce, U.S. Postal Inspection Service Acting Inspector-in-Charge, Houston Division, Dana Carter, and IRS Criminal Investigations Atlanta Field Office Special Agent in Charge James Dorsey.
Chief U.S. District Judge L. Scott Coogler sentenced Dr. Michelle Martine Jackson, 55, of Fairhope, Alabama, to four years in prison. Jackson was also ordered to pay forfeiture of $53,000 and restitution of $3,920,584.84. Jackson pleaded guilty in June to conspiracy to commit health care fraud.
“This defendant abused the power of her prescription pad, breached the public’s trust, and cost insurers millions of dollars as a result,” U.S. Attorney Escalona said. “Her sentence is a reminder that health care fraud is a serious crime and carries serious consequences.”
Global, a pharmacy based in Haleyville, Alabama, has been the subject of a large-scale health care fraud investigation that has resulted in nearly thirty convictions to date. The Global health care fraud conspiracy involved Global managers directing Global employees to get medically unnecessary drugs for themselves, family members, and friends, changing prescriptions to add non-prescribed drugs because insurance would pay for them, automatically refilling prescriptions regardless of patient need, routinely waiving and discounting co-pays to induce patients to get and keep medically unnecessary drugs, and billing for drugs without patients’ knowledge. When prescription drug administrators attempted to police this conduct, the conspirators hid their fraud and obstructed detection efforts—including by lying to auditors and diverting their billing through affiliated pharmacies. The scheme targeted multiple health insurance plans, including the pharmacy’s Blue Cross Blue Shield of Alabama plan, as well as plans providing health insurance to the elderly, disabled, members of the military, and veterans—Medicare, TRICARE, and CHAMPVA, among others.
As part of the scheme, certain Global sales reps paid kickbacks to medical prescribers in exchange for writing prescriptions. Michelle Jackson was one of those prescribers. As part of her plea agreement, Jackson admitted that she had received cash kickbacks for writing prescriptions. She admitted that she wrote prescriptions for Global drugs that were not medically necessary, including for the sales rep’s family and friends, individuals Jackson had never treated, and family of Jackson’s staff. For example, Jackson wrote the sales rep’s pregnant daughter prescriptions for a drug that was contraindicated for pregnant women. Jackson also pre-signed blank prescription forms to enable co-conspirators to issue prescriptions under her name simply by checking boxes on the prescription forms.
The FBI, HHS-OIG, DCIS, USPIS, and IRS-CI investigated the cases. Assistant U.S. Attorneys J.B. Ward, Edward Canter, and Don Long prosecuted the case. The Veteran Affairs Office of Inspector General Criminal Investigations Division aided in the investigation.
Former Bureau of Prisons Corrections Officer Sentenced for Sexually Abusing an Inmate and Witness TamperingRead the Press Release
BIRMINGHAM, Ala. – Eric Todd Ellis, 32, a former Bureau of Prisons (BOP) corrections officer at the FCI-Aliceville facility in Aliceville, Alabama, was sentenced today in federal court in Birmingham, Alabama, to 18 months prison and five years of supervised release. Ellis previously pleaded guilty to one count of sexual abuse of a ward and one count of tampering with a witness.
According to court documents, on or about June 11, 2020, Ellis knowingly engaged in a sexual act with a female inmate while in the back of the laundry room of the prison. At the time, Ellis was on-duty and acting in his capacity as a corrections officer. The female inmate was in official detention and under Ellis’s custodial authority. Ellis then admitted his conduct to another corrections officer. While the OIG was investigating Ellis’s conduct, Ellis told that corrections officer to lie to OIG. On a recorded call, Ellis said: “Just tell [the OIG agents], yeah, we’re friends, but, I mean, you hadn’t really talked to me about it. And when you have it’s – I’ve just told you that nothing happened.”
“Prison employees who abuse their positions of power to sexually assault individuals in their custody, and then attempt to cover up their crimes, will be held accountable,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The Civil Rights Division will continue to secure justice for sexual assault victims, including those held in the custody and control of law enforcement officials.”
“The sexual abuse of prison inmates by federal corrections officers is intolerable,” said U.S. Attorney Prim F. Escalona of the Northern District of Alabama. “My office will vigorously investigate and prosecute any such officers who violate their oath of office. As today’s sentence makes plain, officers who abuse inmates face significant prison time for their offense.”
“Ellis sexually abused an inmate and then tried to cover it up,” said Special Agent in Charge James F. Boyersmith of the Justice Department’s Office of the Inspector General (OIG) Miami Field Office. “Today’s sentencing sends a clear message that prison staff who abuse their power and assault inmates in their custody will be brought to justice.”
This case was investigated by the Miami Division of the OIG. Executive Assistant U.S. Attorney Robert Posey and Assistant U.S. Attorney Robin Mark of the Northern District of Alabama and Special Litigation Counsel Fara Gold and Trial Attorney Anna Gotfryd of the Criminal Section of the Civil Rights Division of the Department of Justice prosecuted the case.
Birmingham Man Sentenced to More Than 15 Years in Prison for CarjackingRead the Press Release
BIRMINGHAM, Ala. – A federal judge on today sentenced a Birmingham man for carjacking, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Mickey French.
U.S. District Judge Annemarie Carney Axon sentenced Tadarrius Lawaun Smith, 23, to 189 months in prison for carjacking and for brandishing a firearm during the carjacking. Smith pleaded guilty to the charges in July.
“The fear that Smith imposed on this innocent victim is unimaginable,” U.S. Attorney Escalona said. “Because of the hard work of the Birmingham Police Department and the ATF, this offender has been brought to justice.”
According to the plea agreement, on December 4, 2019, Smith carjacked the victim as she was exiting her car in the parking lot of an apartment complex in the Southside area of Birmingham. Smith put a pistol with an extended magazine to her head and made her get back in the car. Smith drove the car to an unknown location and held a pistol to her head and told her that he was going to kill her. He then assaulted her and demanded money. Smith drove her to three different ATMs, withdrawing $860, and took her Mastercard because it had a high credit limit. Smith then drove to the 900 block of 1st Avenue South, got out of the car, and walked away. The victim drove several blocks down the street, parked, and called her daughter, who called police. Birmingham Police investigators pulled video from the bank and a gas station where Smith stopped during the incident. Birmingham Police officers arrested Smith several days later when he arrived at the Jefferson County Courthouse for a probation hearing.
The ATF investigated the cases, along with the Birmingham Police Department. Assistant U.S. Attorneys Alan Baty and Darius Greene prosecuted 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.
Jackson County Man Sentenced to 320 Years in Prison on Child Pornography ChargesRead the Press Release
HUNTSVILLE, Ala. – A federal judge today sentenced a Jackson County man on child pornography charges, 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 Liles C. Burke sentenced Stephen Frederick Ott, 51, to 3,840 months in prison followed by a lifetime of supervised release. Ott pleaded guilty in August to 10 counts of production of child pornography and one count of possession of child pornography. This conviction will require him to register as a sex offender in accordance with the Sex Offender Registration and Notification Act (SORNA).
“The sentence handed down today ensures that this man, who stole the innocence of a young girl, can no longer take advantage of her or any other child,” U.S. Attorney Escalona said. “Children are the most vulnerable victims, and our investigators and prosecutors will remain vigilant in pursuing justice for them.”
“Ott is a predator that repeatedly victimized an innocent minor and created horrific images of the abuse, but thankfully he is being held accountable for his crimes,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Cases like this demonstrate the power of everyone being vigilant and reporting anything that doesn’t seem right, because this predator might have been able to continue his cycle of abuse had someone not come forward.”
According to the facts presented at Ott’s plea hearing, in December 2019, the Jackson County Sheriff’s Office received a call from the victim’s father regarding the molestation of his child. The victim’s father was alerted by a former roommate of Ott’s that he had seen photos of the minor victim in sexual acts with Ott on an SD card. When the roommate moved out, he mistakenly took the SD card that he thought was his. Several months later, he discovered the illicit photos. A forensic examination of the SD card belonging to Ott had approximately 165 images of the minor victim. The images were produced by Ott between December 2017 and February 2018. Similar images of the minor victim were also located on Ott’s cell phone.
U.S. Immigration and Customs Enforcement Homeland Security Investigations investigated the case, along with the Jackson County Sheriff’s Office. Assistant U.S. Attorney R. Leann White prosecuted the case.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s 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.
Federal Jury Convicts Felon in Possession of a FirearmRead the Press Release
BIRMINGHAM, Ala. – A federal jury convicted a Marion County man on Tuesday of being a felon in possession of a firearm, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Mickey French.
The jury returned its guilty verdict against Samuel Ernest Byrd, 43, of Hamilton, after one day of testimony before Chief U.S. District Judge L. Scott Coogler. Byrd is prohibited from owning a firearm because he has a prior felony conviction of possession of a controlled substance in 2007, in the Circuit Court of Marion County, Alabama.
Evidence at trial showed that in May 2020 local police officers responded to a home in Hamilton, Alabama, where Byrd lived with his mother, after she was reported missing. Police found Byrd inside the house. In addition to recovering a .22 caliber revolver from Byrd’s truck, police officers also recovered a rifle from the home.
The maximum penalty for being a felon in possession of a firearm is 10 years in prison.
The ATF investigated the case. Assistant U.S. Attorneys Edward J. Canter and John B. Ward are prosecuting the case.
DEA Holds National Prescription Drug Take Back Day to Turn the Tide Against the U.S. Opioid EpidemicRead the Press Release
BIRMINGHAM, Ala. – United States Attorney Prim F. Escalona announces support of DEA’s 21st National Prescription Drug Take Back Day to be held on Saturday, October 23rd from 10am to 2pm. Take Back Day is a bi-annual event that aims to provide a safe, convenient, and responsible means of disposing of prescription drugs, while also educating the public about the potential for abuse of medications.
According to a report published by the Substance Abuse and Mental Health Services Administration (SAMHSA), a majority of people who misused a prescription medication obtained the medicine from a family member or friend. The Centers for Disease Control and Prevention reported that last year, more than 93,000 people died of drug overdoses in the United States, marking the largest number of drug- related deaths ever recorded in a year. Opioid-related deaths accounted for 75 percent of all overdose deaths in 2020.
For more than a decade, DEA’s National Prescription Drug Take Back Day has helped Americans easily rid their homes of unneeded medications—those that are old, unwanted, or no longer needed—that too often become a gateway to addiction. Working in close partnership with local law enforcement, Take Back Day has removed more than 7,000 tons of medication from circulation since its inception. These efforts are directly in line with DEA’s priority to combat the rise of overdoses plaguing the United States.
“Removing unused prescription drugs from our homes prevents pills from making it into the wrong hands, possibly leading to more drug abuse and addiction,” said U.S. Attorney Escalona. “DEA’s National Drug Take Back Day is an excellent opportunity to properly dispose of unused prescription medications and raise awareness to the dangers of prescription drug abuse and addiction.”
“This past year marks the largest number ever recorded of drug-related deaths in a single 12-month period, with more than 93,000 deaths. On average, that’s more than 250 people dying a day of a drug overdose in the United States. This drug overdose crisis is a clear and present public health and safety threat to our nation,” said DEA Special Agent in Charge Brad L. Byerley. “DEA’s Take-Back initiative provides another way to address this epidemic and a safe way for our citizens to dispose of their unwanted prescription drugs, reducing the danger they pose to our youth and to our communities.”
DEA’s National Prescription Drug Take Back Day is more important than ever before. Last month, DEA issued a Public Safety Alert and launched the One Pill Can Kill public awareness campaign to warn Americans of a surge in deadly, fake prescription pills driven by drug traffickers seeking to exploit the U.S. opioid epidemic and prescription pill misuse. Criminal drug networks are shipping chemicals from China to Mexico where they are converted to dangerous substances like fentanyl and methamphetamine and then pressed into pills. The end result—deadly, fake prescription pills—are what these criminal drug networks make and market to prey on Americans for profit. These fake, deadly pills are widely available and deadlier than ever. Fake pills are designed to appear nearly identical to legitimate prescriptions such as Oxycontin®, Percocet®, Vicodin®, Adderall®, Xanax® and other medicines. Criminal drug networks are selling these pills through social media, e-commerce, the dark web, and existing distribution networks.
Along with the alert came a warning that the only safe medications are ones prescribed by a trusted medical professional and dispensed by a licensed pharmacist. Any pills that do not meet this standard are unsafe and potentially deadly. DEA’s National Prescription Drug Take Back Day reflects DEA’s commitment to Americans’ safety and health, encouraging the public to remove unneeded medications from their homes as a measure of preventing medication misuse and opioid addiction from ever starting.
On Saturday, Oct. 23, 2021, DEA, and its partners will collect tablets, capsules, patches, and other solid forms of prescription drugs. Liquids (including intravenous solutions), syringes and other sharps, and illicit drugs will not be accepted. DEA will also continue to accept vaping devices and cartridges provided lithium batteries are removed.
A location finder and partner toolbox are available at www.DEATakeBack.com for easy reference to nearby collection sites. Beyond DEA’s Take Back Day, there are also opportunities to regularly and safely dispose of unneeded medications at more than 13,000 pharmacies, hospitals, police departments, and businesses working to help clean out medicine cabinets throughout the year.
Federal Jury Convicts Couple for Transporting Illegal Aliens and Money LaunderingRead the Press Release
BIRMINGHAM, Ala. – A federal jury convicted a husband and wife yesterday for transporting illegal aliens to provide labor for a local chicken plant, announced U.S. Attorney Prim F. Escalona and U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent in Charge Katrina W. Berger.
The jury returned its guilty verdict against Deivin Marquitos Escalante-Vasquez, 31, and Crystal Gail Escalante, 38, both of Haleyville, after 5 days of testimony before Chief U.S. District Judge L. Scott Coogler. The couple was convicted of conspiracy to transport illegal aliens within the United States and money laundering.
“This conviction demonstrates how individuals willing to break the law can take advantage of immigration laws for personal gain,” U.S. Attorney Escalona said. “More importantly, no matter how sophisticated their efforts, we will continue to work closely with our law enforcement partners and agencies to see that the immigration laws are followed, and that those who violate them are caught and convicted.”
“Our nation’s employment laws are designed to protect the legal force and prevent business from profiting under an unequitable financial advantages,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “HSI is committed to protecting our citizens and employees from those who seek to gain an illegal advantage and make illicit profits by putting others at risk.”
The evidence at trial showed that the defendants subcontracted over approximately a three-year period with Mar-Jac Poultry, a poultry processing plant in Jasper, to provide labor to work the lines at the plant. The defendants filled multiple shifts with undocumented workers, many of whom were from Guatemala, who were working under false identifications. Evidence also showed that the defendants knew the identities were false and changed names and identities when necessary to ensure the false identities would get through the E-Verify system. The evidence also showed that, when the identities could not get through the E-Verify confirmation system, the defendants kept the workers on their payroll. The defendants owned several passenger vans and used them to provide their workers transportation to and from the plant, which the jury found furthered the illegal workers’ presence in the United States. Over a three-year period, the defendants were paid over 16 million dollars, and used some of their profits to purchase properties in the Haleyville area, and several high-end vehicles. The properties, vehicles, and the defendants’ bank accounts will be the subject of a future asset forfeiture proceeding.
The maximum penalty for conspiracy to transport illegal aliens in furtherance of their presence in the United States is 10 years in prison. The maximum penalty for money laundering is 20 years in prison.
The U.S. Immigration and Customs Enforcement Homeland Security Investigations investigated the case. Assistant U.S. Attorneys Russell Penfield, John Hundscheid and Tom Borton are prosecuting the case.
Convicted Felon Pleads Guilty to Gun ChargeRead the Press Release
BIRMINGHAM, Ala. – A convicted felon pleaded guilty 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.
Shane Kirby Green, 48, of Fairfield, pleaded guilty to being a felon in possession of a firearm before U.S. District Judge Karon O. Bowdre.
According to the plea agreement, on July 1, 2020, Jefferson County Sheriff’s deputies were dispatched to a gas station in Birmingham on a complaint of a person with a gun. Upon arrival, deputies saw Green standing at a gas pump talking to two other individuals. The deputies asked Green to walk over to them, but he refused. Green initially fled from deputies, but was caught after he tripped over a curb. Green was uncooperative with deputies when they were trying to handcuff him. During the arrest, deputies saw a gun in Green’s jacket pocket. Green tried to get the gun out of his pocket, but a deputy was able to get the gun, a Rossi .38 caliber revolver, first.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Green has 12 prior felony convictions, including receiving stolen property, several instances of unlawful possession of marijuana, criminal possession of forged instrument, promoting prison contraband, unlawful possession of controlled substance by fraud, and several instances of unlawful possession of controlled substance.
Green faces a maximum penalty of 10 years in prison for being a felon in possession of a firearm.
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 ATF investigated the case, along with the Jefferson County Sheriff’s Office. Assistant U.S. Attorney Kristy Peoples is prosecuting the case.
Convicted Felon Pleads Guilty to Gun ChargeRead the Press Release
BIRMINGHAM, Ala. – A convicted felon pleaded guilty 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.
Cedric Dewayne Young, 33, of Fairfield, pleaded guilty to being a felon in possession of a firearm before U.S. District Judge Anna M. Manasco.
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.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Young has two felony convictions, including discharging a gun into an occupied building or vehicle, and assault.
Young faces a maximum penalty of 10 years in prison for being a felon in possession of a firearm.
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 ATF investigated the case, along with the Birmingham Police Department. Assistant U.S. Attorney Kristy Peoples is prosecuting the case.
Birmingham Man Sentenced to 24 Years in Prison on Drug ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Birmingham man on drug charges, announced U.S. Attorney Prim F. Escalona and U.S. Postal Inspection Service Acting Inspector-in-Charge, Houston Division, Dana Carter.
U.S. District Court Judge Annemarie C. Axon sentenced Louis Dejuan Owens, 44, to 290 months in prison followed by five years of supervised release for possession with the intent to distribute methamphetamine. Owens pleaded guilty to the charge in May.
“Methamphetamine continues to devastate communities across Alabama,” said U.S. Attorney Escalona. “Keeping dangerous drugs off the streets helps reduce violence and saves lives. We are grateful for the work of the U.S. Postal Inspection Service and the Alabama Law Enforcement Agency on this case.”
“Louis Dejuan Owens’ greed placed the lives of U.S. Postal Service workers and the community at large in grave risk with little regard to their safety,” said acting Inspector-in-Charge Dana Carter, US Postal Inspection Service, Houston Division. “Today’s criminal sentence calling for over two decades in prison is a firm reminder that postal inspectors, partnering with other law enforcement agencies, such as ALEA, persistently work in the background to keep the U.S. Mail safe and secure.”
According to the plea agreement, on four separate occasions between October 4, 2019 and November 1, 2019, Alabama Law Enforcement Agency-State Bureau of Investigations (ALEA-SBI) special agents used a confidential informant to make numerous controlled purchases of methamphetamine from Owens.
On November 1, 2019, ALEA-SBI special agents and the State Trooper Tactical Team established surveillance in the area of the location where the final buy was to take place. As Owens arrived, State Troopers attempted to stop Owens. Owens attempted to flee, and his vehicle struck a utility pole. Owens was taken into custody by the State Troopers, who found large quantities of methamphetamine in his vehicle.
Evidence at sentencing revealed that, on November 1, 2019, Owens was in possession of at least 1810 net grams of 98% pure methamphetamine. In addition, State Troopers seized narcotics packaging materials and over $7,000. The money was forfeited by the United States at today’s sentencing.
U.S. Postal Inspection Service investigated the case along with the Alabama Law Enforcement Agency. Assistant U.S. Attorney Allison J. Garnett prosecuted the case.
Jury Convicts Alabama Man of Soliciting Videos and Webcam Shows of Filipina Children Being Sexually AssaultedRead the Press Release
HUNTSVILLE, Ala. – A federal jury convicted a Morgan County man Tuesday for using Internet applications to seek images, videos, and live transmissions of the violent sexual abuse of Filipina children as young as five years old.
According to court documents and evidence presented at trial, Benjamin Walter, 41, of Decatur, AL, used two web service provider accounts, including messenger and webcam applications, to get 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 the money to the Philippines for these 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 was 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.
“Today’s conviction sends a clear message that the protection of the most innocent and vulnerable victims, our children, from child exploitation is of the utmost importance,” said U.S. Attorney Escalona. “The jury’s decision to hold the defendant accountable for his conduct and to reject his defenses demonstrates that those who commit these horrific crimes will be met with swift and certain justice. We are grateful for the work of the FBI Birmingham Division and FBI Huntsville Resident Agency for their investigation of this case, and for the assistance of the Child Exploitation and Obscenity Section in prosecuting the case.”
The FBI and our partners will continue to work diligently to bring individuals like Walter to justice and protect our most valuable asset, our children,” Sharp said
Walter was convicted of four counts of producing and attempting to produce child pornography and one count each of receiving and distributing child pornography. Sentencing is set for January 5, 2022. Walter faces a mandatory minimum penalty of 15 years of imprisonment and a maximum of 160 years of imprisonment.
FBI Birmingham Division and FBI Huntsville Resident Agency investigated the case.
Trial Attorneys Charles Schmitz and Nadia Prinz of the Justice Department’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Leann R. White of the United States Attorney’s Office for the Northern District of Alabama are prosecuting the case.
This 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 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, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report suspicious activity or instances of child sexual exploitation, contact your local FBI field office or submit a tip online at tips.fbi.gov. Reports can also be filed with the National Center for Missing & Exploited Children (NCMEC) or online at www.cybertipline.org.
For more information on the FBI’s guidance on child exploitation and protecting your kids visit https://www.fbi.gov/scams-and-safety/protecting-your-kids.
Convicted Felon Sentenced to 54 Months in Prison for Illegal Possession of a FirearmRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Talladega man to 54 months in prison, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Mickey French.
U.S. District Judge Corey L. Maze sentenced Armetris Lyons, 44, to 54 months in prison for being a felon in possession of a firearm. Lyons pleaded guilty to the charge in April. Lyons had four prior felony convictions for attempted murder, theft, discharging a gun into an unoccupied building, and unlawful possession of a controlled substance.
“Persons with long histories of violent crime and drug offenses, like this defendant, are the focus of our firearms enforcement efforts.” U.S. Attorney Escalona said. “We are grateful for the work of ATF and the Talladega Police Department in helping to reduce violent crime in this district.”
“This court action demonstrates its commitment to law enforcement’s priority to target the illegal possession of firearms to include the use in violent criminal acts,” said SAC Mickey French. “ATF’s Crime Gun Intelligence leverages technology to reduce violent firearms related crimes.”
According to testimony at the sentencing hearing, on December 31, 2019, Talladega police officers responded to a call of shots being fired in an apartment complex in Talladega. As one officer drove up to the location, he witnessed Lyons fire a pistol into the air while holding a child’s hand on the grip of the gun. After the discharge, the child ran away from Lyons. Lyons then fired about four more times and ran into an apartment as the officer approached. The officer knocked on the door and took Lyons into custody when he opened the door. Other officers recovered a Taurus .38 caliber revolver inside the apartment.
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 ATF investigated the case along with the Talladega Police Department. Assistant U.S. Attorney Alan Baty prosecuted the case.
Convicted Felon Sentenced for Illegal Firearm PossessionRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a convicted felon for illegally possessing a firearm, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Johnnie Sharp, Jr.
U.S. District Court Judge Corey L. Maze sentenced Jack David “Jackie” Stovall, II, 73, of Anniston, to 36 months in prison followed by 36 months supervised release for being a felon in possession of a firearm. Additionally, a fine of $40,000.00 was also imposed. Stovall pleaded guilty to the charge in July.
“The Anniston area is a focus of our ongoing efforts to reduce violent crime, and especially gun crimes, in this district,” U.S. Attorney Escalona said. “We are grateful for the work of the Anniston Police Department and FBI on this important case.”
“Today's sentence is the culmination of a great law enforcement cooperative effort to bring Stovall to justice,” SAC Sharp said. “I want to thank the Anniston Police Department, my agents, and all of our partners for their tireless work in this case.”
According to the plea agreement, on April 9, 2021, Stovall unlawfully possessed a Mossberg Model 715P .22 caliber semi-automatic rifle, a North American Arms .22 caliber magnum revolver, and approximately 500 rounds of ammunition. Stovall is prohibited from possessing firearms due to prior felony convictions. In December 1997, he pleaded guilty to attempted murder for hire and unlawful possession of a firearm in the U.S. District Court for the Northern District of Alabama.
FBI investigated the case along with the Anniston Police Department. Assistant U.S. Attorneys Kristen Osborne and Kristy Peoples prosecuted the case.
Former Chick-fil-A Employee Pleads Guilty for Scheme to Steal FundsRead the Press Release
BIRMINGHAM, Ala. – A former Chick-fil-A employee pleaded guilty today to participating in a conspiracy to defraud his former employer and committing bank fraud, announced U.S. Attorney Prim F. Escalona and U.S. Secret Service Special Agent in Charge Patrick M. Davis.
Larry James Black, Jr., 37, of Center Point, the former Director of Hospitality at Chick-fil-A Five Points, pleaded guilty to conspiracy to commit wire fraud and bank fraud before U.S. District Judge Madeline H. Haikala. Black’s sentencing hearing is scheduled for January 20, 2022. Black’s co-defendant, Joshua Daniel Powell, 40, of Moody, a former manager at the same location, pleaded guilty to conspiracy to commit wire fraud in June. Powell’s sentencing hearing is scheduled for October 20, 2021.
According to the plea agreement, between April 2018 and January 2018, Black and Powell devised and implemented a scheme to divert $492,000 in customer payments 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. Black used the fraud proceeds to support his lifestyle, including the purchase of high-end luxury vehicles and vacations.
In addition to conspiring to defraud Chick-Fil-A Five Points, Black acknowledged in the 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.
Black and Powell face a maximum sentence of 20 years in prison for conspiracy to commit wire fraud. Black also faces a maximum of 30 years in prison for bank fraud.
The U.S. Secret Service Cyber Fraud Task Force investigated the case. Assistant U.S. Attorney Edward J. Canter prosecuted the case.
Jefferson County Man Sentenced to 8 Months in PrisonRead the Press Release
BIRMINGHAM, Ala. – A Jefferson County man was sentenced today for aiming a laser pointer at an aircraft, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
United States District Judge Anna M. Manasco sentenced Gabriel Lopez Mathews, 27, to 8 months in prison for aiming a laser pointer at an aircraft. Mathews pleaded guilty to the charge in April.
On April 11, 2020, the Jefferson County Sheriff’s Office Star One helicopter was assisting the Alabama Law Enforcement Agency in a nighttime operation to recover stolen firearms. While flying below an approach path for the Birmingham-Shuttlesworth International Airport, the helicopter received numerous laser strikes from a residence below. The helicopter’s tactical officer was able to determine the street location of the source of the laser strikes, which was relayed to the Birmingham Police Department. Birmingham officers responded to the scene but could not locate a suspect. However, they gathered information that later assisted the Federal Bureau of Investigation in tracking down Mathews and obtaining a confession.
“Pointing a laser at an aircraft can disorient the pilot and cause the aircraft to crash,” said U.S. Attorney Escalona. “Laser strikes can be deadly, and individuals who put pilots and residents in the path of the aircraft in danger will be prosecuted to the fullest extent of the law.”
“Aiming a laser pointer at an aircraft is a serious matter and a violation of federal law. It is important that people understand that this is a criminal act with potentially deadly repercussions,” SAC Sharp said. “We also want to encourage people to come forward when they see someone committing this felony—one that could have terrible consequences for pilots and their passengers.”
The FBI investigated the case, along with the Jefferson County Sheriff’s Office and the Birmingham Police Department. Assistant U.S. Attorney Alan Baty prosecuted the case.
Washington Resident Sentenced to Two Years in Prison for Healthcare FraudRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Washington state resident for conspiracy to commit healthcare fraud, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
U.S. District Judge Annemarie C. Axon sentenced William Robert Fayant, 56, of Liberty Lake, Washington, to two years in prison. Fayant pleaded guilty in March to one count of conspiracy to commit health care fraud. The court also ordered Fayant to forfeit nearly $85,000 and to repay more than $700,000 in restitution.
“This defendant unlawfully enriched himself by defrauding federally funded health care programs,” U.S. Attorney Escalona said. “As a result of today’s sentence, he will forfeit the money he made and will spend time in prison.”
“Health care professionals who use fraud and deceit to steal funds and scam the system will be held accountable for their actions.” SAC Sharp said. “Today’s sentencing shows individuals who commit fraud will be held responsible for their illegal actions. The FBI and our law enforcement partners will continue to work together to investigate allegations of health care fraud and ensure the integrity of Federal programs.”
According to the plea agreement, between 2016 and 2017, Fayant worked as a marketer and patient recruiter for InforMD and LabPharm, selling compounded and other high-reimbursing medications. Fayant was paid a commission by InforMD and LabPharm on each prescription that was referred to the companies if insurance covered the cost.
In order to increase his commissions, Fayant forged a prescriber’s signature on multiple prescriptions for himself and several other members of his family. Fayant also falsely authorized multiple refills. Fayant submitted the prescriptions to Alliance Allergy Solutions, a pharmacy based in Birmingham, Alabama, which then billed Express Scripts, Inc., and Medicare for the cost. ESI and Medicare paid at least $705,785 for these medically unnecessary medications, and the defendant received approximately $84,517 as commission payments for them.
FBI investigated the case. Assistant U.S. Attorney John B. Ward prosecuted the case.
Georgia Man Indicted for Albertville Bank RobberyRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury this week indicted a Georgia man on a bank robbery charge, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnny Sharp, Jr.
A one-count indictment filed in U.S. District Court charges Nekyle N. Chaney, 45, of Covington, Georgia, with bank robbery. Chaney is accused of robbing the Regions Bank in Albertville by force, violence, or intimidation in February 2021.
Chaney faces a maximum penalty of 20 years in prison and a fine of up to $250,000.
The FBI investigated the case with the assistance of the Albertville Police Department. Assistant U.S. Attorneys Catherine Crosby and Michael Royster are prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Ensley Man Sentenced to More Than 16 Years in Prison for Four Armed RobberiesRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced an Ensley man in connection with four armed robberies, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Explosives, and Firearms Special Agent in Charge Mikey French.
U.S. District Judge R. David Proctor sentenced Eric Tyree Blanding, 47, to 198 months in prison. Blanding pleaded guilty to four counts of Hobbs Act Robbery, one count of carrying and brandishing a firearm during and in relation to a crime of violence, and one count of being a felon in possession of a firearm.
“As today’s sentence makes plain, armed robbery is a serious federal crime deserving of serious prison time,” U.S. Attorney Escalona said. “To achieve long-term reductions in violent crime, my office focuses our efforts on those offenders who are the most violent and who commit the most serious crimes.”
“Removing the criminal element that uses a firearm to facilitate violent crimes such as a robbery is a priority of ATF,” ATF Special Agent in Charge Mickey French stated.
According to the plea agreement, Blanding committed four robberies at three different Family Dollar stores in Birmingham by brandishing a firearm at store employees and taking cash and other property. The robberies occurred in May and June of 2019.
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 Kristy Peoples prosecuted the case.
Shelby County Couple Pleads Guilty to Selling Stolen Baby Formula OnlineRead the Press Release
BIRMINGHAM, Ala. – A husband and wife pleaded guilty today for selling more than $300,000 in stolen items online, announced U.S. Attorney Prim F. Escalona and United States Secret Service Special Agent in Charge Patrick Davis.
Christopher John Andrukaitis, 31, of Chelsea, and Holly Hollon, 38, of Chelsea, pleaded guilty before U.S. District Judge Annemarie Axon to one count of conspiracy to commit interstate transportation of stolen goods. Andrukaitis and Hollon are scheduled to be sentenced on November 30th.
According to the plea agreement, between September 2018 and October 2020, Andrukaitis and Hollon owned and operated the Sweet Tea Sunshine Shop, an online eBay business. The online business was operated out of their residence in Shelby County, Alabama. Sweet Tea Sunshine Shop advertised products for sale, to include baby formula. The Sweet Tea Sunshine Shop received online orders for baby formula. Andrukaitis and Hollon personally filled those orders. The baby formula was stolen from various retail stores throughout the Northern District of Alabama. The stolen baby formula was shipped through the U.S. Postal Service or Federal Express to customers throughout the United States. In total, the Sweet Tea Sunshine Shop generated over $300,000 in proceeds from the sale of the stolen baby formula. Andrukaitis and Hollon used the fraudulent proceeds for their personal benefit.
The United States Secret Service Financial Crimes Task Force investigated the case along with the Alabaster Police Department. Assistant U.S. Attorney Robin Beardsley Mark is prosecuting the case.
Justice Department Announces Expansion of Firearms Technical Assistance Project to Strengthen Community Response to Domestic Violence Incidents Involving FirearmsRead the Press Release
BIRMINGHAM, Ala. — The U.S. Department of Justice’s Office on Violence Against Women (OVW) announced the expansion of its Firearms Technical Assistance Project (FTAP) to help communities across the country reduce domestic violence homicides and injuries committed with firearms. OVW will award an estimated $6 million for up to 12 sites and $4 million for training and technical assistance on firearms and domestic violence.
“We are grateful that Birmingham is one of the sites chosen to receive FTAP support,” U.S. Attorney Prim Escalona said. “Much of the violent crime committed in Jefferson County is perpetrated by domestic violence offenders. In 2021, there have already been 22 intimate partner homicides in Jefferson County. Moreover, we know that a majority of the people committing overall homicides in Jefferson County are domestic violence offenders. Domestic violence is community violence. In October 2020, my office announced a new initiative, Operation Safe Families, to enhance protections and support for victims of domestic violence and enforcement of laws to keep guns away from domestic abusers. Resources and support from FTAP will be a tremendous asset to our local partners who aid and protect victims of domestic violence.”
“Enforcing gun laws and keeping firearms from the hands of perpetrators of domestic violence is crucial to keeping victims safe,” said OVW Acting Director Allison Randall. “The FTAP expansion is another example of the Department’s commitment in its efforts to reduce violent crime. The funding will help our grantees develop and implement community-based and culturally specific strategies to enforce firearms laws and is an important part of preventing homicides.”
In 2019, OVW and the National Council of Juvenile and Family Court Judges launched FTAP, which was designed to help communities implement policies, protocols and promising practices to prevent abusers from having access to firearms in domestic violence cases. As part of the announcement, OVW released a solicitation to fund six new FTAP sites in addition to the six existing FTAP sites, which include: Birmingham, Alabama; Muscogee (Creek) Nation; Columbus, Ohio; Brooklyn, New York; the state of Vermont; and Spokane, Washington. The deadline for applications in Grants.Gov is Sept. 20, 2021, and the JustGrants deadline is Sept. 22, 2021. Applicants are strongly encouraged to submit a non-binding Letter of Intent by Sept. 7, 2021.
The FTAP expansion will provide direct financial support for all sites, as well as new technical assistance designed to help each site incorporate community partners, particularly partner organizations that center underserved populations, into their efforts to implement effective responses to firearms and domestic violence. Training and technical assistance projects will include $2 million to help the sites implement an effective firearms response. Of particular importance will be an additional $2 million to train and support the sites on the cultural context of domestic violence in underserved communities. Additionally, OVW will award $750,000 to continue a domestic violence and firearms national resource center.
This solicitation supports the Justice Department’s comprehensive strategy for reducing violent crime. Under federal law, individuals with domestic violence misdemeanor and felony convictions, as well as individuals subject to domestic violence protective orders, are prohibited from possessing firearms. The data shows that offenders with domestic violence in their past pose a high risk of homicide. In fact, domestic violence abusers with a gun in the home are five times more likely to kill their partners.
About the Office on Violence Against Women
The Office on Violence Against Women provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
Birmingham Man Pleads Guilty to KidnappingRead the Press Release
BIRMINGHAM, Ala. – A Birmingham man pleaded guilty today to kidnapping and collecting ransom money, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Johnnie Sharp, Jr., and United States Secret Service Special Agent in Charge Patrick Davis.
Matthew Amos Burke, 35, pleaded guilty to kidnapping, bank fraud, and conspiracy to commit bank fraud. He entered his plea pursuant to a binding plea agreement with the government in which the parties jointly recommended Burke be sentenced to 204 months in prison. Sentencing is scheduled for November 2, 2021, before U.S. District Judge Abdul K. Kallon.
According to the plea agreement, on September 11, 2020, Burke unlawfully entered the home of the victim. Burke then abducted the victim and transported him to Burke’s residence, where the victim was forced to transfer $250,000 from his bank account into another bank account as directed by Burke. Once $250,000 was transferred, Burke drove the victim back to his residence and released him. The victim then contacted the Birmingham Police Department and the Mountain Brook Police Department.
The FBI and Secret Service investigated the case along with the Birmingham Police Department and the Mountain Brook Police Department. Assistant United States Attorneys John Camp and William Simpson are prosecuting the case.
Birmingham Man Sentenced for Unlawful Dealing in FirearmsRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Birmingham man for unlawful dealing of firearms, 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 R. David Proctor sentenced Jecorey Tyshawn Edwards Allen, 26, to 21 months in prison followed by three years supervised release on one count of dealing in firearms without a license, one count of traveling interstate to acquire firearms for the purpose of dealing without a license, and seven counts of falsifying information on firearm acquisition records. Allen pleaded guilty to the charges in April.
“One of the most common ways criminals get guns is through straw purchase sales, where someone who may not legally acquire a firearm has another person buy it on their behalf,” U.S. Attorney Escalona said. “It is a priority of my office to stop the illegal flow of firearms used to commit violent crime in our cities.”
“ATF’s Crime Gun Intelligence partnerships is effective in reducing the potential for violent firearms related crimes,” Special Agent in Charge Mickey French stated. “The illegal purchase and transfer of firearms negatively impacts our communities across the country.”
According to court documents, from November 2018 through July of 2019, Allen traveled from the Washington, D.C. area to Birmingham, and purchased at least 19 pistols from several licensed Birmingham firearm dealers. Allen falsified the ATF form 4473, Firearms Transaction Record, specifically stating that he was the actual buyer when in fact he was buying the firearms for other people. Allen then traveled back to the D.C. area, where he sold the illegally purchased guns. One of the guns purchased by Allen in Birmingham in February 2019, was used in a shooting in Washington, D.C. four months later.
The ATF investigated the case, which Assistant U.S. Attorney Jonathan Cross prosecuted.
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.
Two Huntsville Men Sentenced on Drug and Gun ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced two Huntsville men on drug and gun charges, announced U.S. Attorney Prim F. Escalona and Drug Enforcement Administration Special Agent in Charge Brad L. Byerley.
U.S. District Judge Karon O. Bowdre sentenced Antonio Lavar Burton, a/k/a Fat Tony, 37, and Quincy Cortez McClendon, 37. Burton was sentenced to 156 months in prison for distributing heroin. He pleaded guilty to the charge in October 2020. McClendon was sentenced to 144 months in prison for distributing heroin, possession with the intent to distribute heroin, and possession of a firearm in furtherance of a drug trafficking crime. McClendon pleaded guilty to the charges in March.
“Alabama’s opioid crisis is eroding the quality of life for many of our residents. Misuse of prescription opioid pain medicine puts people at risk of turning to heroin and eventual overdose.” U.S. Attorney Escalona said. “These defendants profited from the misery of addiction and will now spend many years in prison. We are grateful to the Huntsville Police Department, DEA, and the U.S. Marshals for their work to combat violent crime and heroin trafficking in Northern Alabama.”
“The successful prosecution of Burton and McClendon should put others who engage in this type of activity on notice: if you sell drugs you will face federal charges and a lengthy prison sentence,” SAC Byerley.
DEA investigated the case, along with the Huntsville Police Department, and the United States Marshals Service. Assistant U.S. Attorney Robert J. Becher Sr. prosecuted the case.
Repeat Sex Offender Sentenced to 10 Years in Prison for Possession of Child PornographyRead the Press Release
BIRMINGHAM, Ala. – A federal judge yesterday sentenced a previously convicted sex offender for possession of child pornography, announced United States Attorney Prim F. Escalona and FBI Special Agent in Charge Johnnie Sharp, Jr.
United States District Judge Annmarie Axon sentenced Darrell Dewayne Thrasher, 62, of Tuscaloosa County, to 120 months in prison to be followed by a lifetime supervised release. In April 2021, Thrasher pleaded guilty to possession of child pornography.
“Possession of child pornography is an insidious crime that continues to sexually exploit a child every time an image is downloaded or shared,” U.S. Attorney Escalona said. “Every child deserves a safe childhood, and my office remains committed to vigorous prosecution of child exploitation in this district.”
“Thrasher is a repeat child sex offender and deserves every day of this sentence,” FBI SAC Sharp said. “The FBI will continue to aggressively investigate and pursue those who would exploit our children. To report online child sexual exploitation, use the electronic Cyber Tip Line or call 1-800-843-5678. The Cyber Tip Line is operated by the National Center for Missing and Exploited Children in partnership with the FBI.”
According to the plea agreement, in August 2019, Thrasher’s federal probation officer conducted a home visit and found five smart phone devices at Thrasher’s residence. Thrasher admitted he used three of the smart phones to download child pornography, and that he possessed child pornography on those devices. A forensic examination of the smart phones revealed multiple images and videos of children being abused and exploited. Thrasher was on federal supervision for receipt of child pornography at the time. Thrasher’s supervision was revoked in September 2019. The terms of Thrasher’s supervised release included a restriction from possessing a smart phone device.
In 2008, Thrasher was convicted in the U.S. District Court Northern District of Alabama of receipt of child pornography. In 2009, Judge Karon O. Bowdre sentenced Thrasher to 97 months in prison. Thrasher was released in December 2016 on 10 years of supervised release.
Thrasher has remained in the custody of law enforcement since his arrest in August 2019.
The FBI investigated the case, along with the Northport Police Department. Assistant United States Attorneys R. Leann White and John Hundscheid prosecuted 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.
Birmingham Man Sentenced to More than 16 Years in Prison on Drug and Gun ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced 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.
U.S. District Judge Annemarie Carney Axon sentenced Raymond Beryl Esters, 29, of Birmingham, to 195 months in prison. Esters pleaded guilty in May to one count of possession of a controlled substance with intent to distribute, one count of possession of a firearm in furtherance of a crime of violence, one count of distributing five grams or more of methamphetamine, and one count of being a felon in possession of a firearm.
“Combatting gun violence is a top priority of my office and the Department of Justice,” U.S. Attorney Escalona said. “Drug-dealing felons who illegally possess firearms are a threat to this community, and we work closely with our federal, state, and local law enforcement partners to arrest and prosecute these offenders.”
“ATF Crime Gun Intelligence partnerships with the Mountain Brook PD and the United States Attorney’s Office focused on reducing the crimes of violence involving a stolen firearm,” ATF Special Agent in Charge Mickey French stated. “This directed investigation will have a lasting impact to the community.”
According to the plea agreement, Mountain Brook Police officers spotted Esters getting out of the driver’s side of a stolen vehicle in August 2019. Esters ran when approached by officers. Officers searched the stolen vehicle and found a Romarm Mini Drayco 7.62x39mm pistol, loaded with 26 rounds of ammunition, a box of twenty rounds of Frontier 5.56 caliber rounds of ammunition, a magazine of 5.56 caliber ammunition, and a black Gucci bag containing methamphetamine, cocaine, and heroin lying next to the pistol in the driver’s side floorboard. Ester later admitted that he knew the firearm was stolen. Esters also admitted that on August 11, 2020, he sold 56 grams of methamphetamine for $1000.
The ATF investigated the case along with the Mountain Brook Police Department and Jefferson County Sheriff’s Office. Assistant U.S. Attorney Kristy Peoples prosecuted 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.
Former Maryland Resident Sentenced for Selling Bogus Memorabilia Containing Phony AutographsRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced an Atlanta resident to 40 months in prison for selling counterfeit and fraudulently autographed memorabilia, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
U.S. District Court Judge Liles C. Burke sentenced Douglas Duren, 38, of Atlanta, GA, to 40 months in prison on one count of wire fraud and one count of aggravated identity theft. Duren pleaded guilty to the charges in March.
“My office will aggressively prosecute those who use the internet and other media to defraud the public,” U.S. Attorney Escalona said. “We applaud the FBI’s efforts in bringing this individual to justice.”
“By his plea, Duren has accepted responsibility for his actions; and those who were manipulated and suffered losses because of his deceit are seeing justice served,” SAC Sharp said. “If you suspect fraud, please report it to tips.fbi.gov or to your local FBI office.”
According to the plea agreement, from 2010 through October 2019, Duren sold counterfeit and fraudulently autographed memorabilia on three fraudulent websites, everymemorabilia.com, neautograph.com, and awesomememorabilia.com. Duren obtained retail items without autographs, such as sports equipment, photographs, books, and movie posters. Duren forged autographs on the memorabilia, then sold the fraudulently autographed items for a profit based on false claims of authenticity. The registration of the fraudulent websites was paid with the proceeds of his fraud scheme. Duren also advertised the fraudulent websites on two television stations located in the Northern District of Alabama, thereby defrauding the television stations and any customers who purchased autographed memorabilia from the fraudulent websites. Duren committed the fraud scheme while living in Maryland and then subsequently relocated his operation to Atlanta, Georgia.
According to the plea agreement, on May 22, 2018, Duren impersonated an account director of an advertising agency and defrauded a television station located in Birmingham, promising to pay $80,000 to a television station to advertise the fraudulent website everymemorabilia.com on their station. Duren failed to pay and discontinued contact with the television station.
On July 24, 2018, Duren impersonated an account director of a different advertising agency, and contacted a television station located in Madison County, Alabama to request advertisement services. Duren negotiated with the television station to run a four-week advertising campaign with a budget of $55,000. On July 25, 2018, Duren uploaded the file containing his advertisement to the television station’s server from his home in Maryland. The ad began running on July 30, 2018. The television station was unaware that the advertisement was for everymemorabilia.com, not the company that Duren had fraudulently represented. The advertisement ran until August 2, 2018. Duren never paid television station, nor did he intend to do so.
The FBI investigated the case. Assistant U.S. Attorney Michael Pillsbury prosecuted the case.
Convicted Felon Sentenced to 8 Years in Prison for Illegal Firearm PossessionRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a convicted felon for illegally possessing 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 Abdul K. Kallon sentenced Reginald Lamar Bonner, 43, of Birmingham, to 96 months in prison on one count of possession of a firearm by a prohibited person. Bonner pleaded guilty in April 2021 to unlawfully possessing a Springfield .45 caliber pistol on April 24, 2020. Bonner is prohibited from having a firearm because of prior felony convictions. In January 2017, Bonner pleaded guilty to being a felon in possession of a firearm and possession of a stolen firearm and was still serving his sentence on that case when he committed the current offense.
Judge Kallon ordered the 96-month sentence to be served consecutively to a 24-month federal revocation sentence on the earlier case.
“Prosecuting those who illegally possess firearms is part of our strategy for reducing violent crime,” said U.S. Attorney Escalona. “We are grateful to the Birmingham Police Department and ATF for their efforts to take guns off the street and make our communities safer.”
“The partnerships with the public safety departments and the U.S. Attorney’s Office were crucial in reducing the potential for violent crime in this case,” Special Agent in Charge Mickey French stated.
The ATF investigated the case along with the Birmingham Police Department. Assistant U.S. Attorney Kristy Peoples prosecuted 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.
Convicted Felon Charged with Illegal Firearms PossessionRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury yesterday indicted a Vestavia man for being a felon in possession of a firearm, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Mickey French.
A two-count indictment filed in U.S. District Court charges Demarcus Marshall, 27, of Vestavia, with two counts of possession of a firearm by a prohibited person.
According to the indictment, Marshall is prohibited from having a firearm because of prior felony convictions. Marshall is accused of unlawfully possessing a Taurus 9mm pistol on September 9, 2020 and a Taurus .40 caliber pistol and Springfield 9mm pistol on September 30, 2020.
Marshall faces a maximum penalty of 10 years in prison and a fine up to $250,000.
ATF investigated the case along with the Birmingham Police Department and Homewood 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.
Inmate Indicted on Assault ChargeRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury today indicted an inmate on an assault charge, announced U.S. Attorney Prim F. Escalona and U.S. Secret Service Special Agent in Charge Patrick Davis.
A one-count indictment filed in U.S. District Court charges Lemond Lawrence Burns, 22, of Alpine, with assault of a correctional officer resulting in bodily injury. Burns is accused of assaulting an on-duty corrections officer in the Morgan County Jail in April 2021.
Burns faces a maximum penalty of 20 years in prison and a fine of up to $250,000.
The U.S. Secret Service investigated the case along with the U.S. Marshals Service and the Morgan County Sheriff’s Office. Assistant U.S. Attorney Robin B. Mark is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Former Bureau of Prisons Corrections Officer Pleads Guilty to Sexually Abusing an Inmate and Witness TamperingRead the Press Release
BIRMINGHAM, Ala. – Eric Todd Ellis, 32, a former Bureau of Prisons (BOP) corrections officer at the FCI-Aliceville facility in Aliceville, Alabama, pleaded guilty today in federal court to one count of sexual abuse of a ward and one count of tampering with a witness.
According to court documents, on or about June 11, 2020, Ellis knowingly engaged in a sexual act with a female inmate, while in the back of the laundry room of the prison. At the time, Ellis was on-duty and acting in his capacity as a corrections officer. The female inmate was in official detention and under Ellis’s custodial authority. Ellis subsequently admitted his conduct to another corrections officer.
Thereafter, the U.S. Department of Justice Office of the Inspector General (OIG) began investigating Ellis’s conduct. While that investigation was ongoing, Ellis made the following statements – on a recorded call – to that corrections officer (to whom he had previously admitted his conduct) in reference to the federal investigation and his conduct: “Just tell [the OIG agents], yeah, we’re friends, but, I mean, you hadn’t really talked to me about it. And when you have it’s – I’ve just told you that nothing happened.” Ellis admitted in the plea agreement that he made those statements because was attempting to persuade that other corrections officer to provide false information to OIG agents about his sexual abuse of the female inmate.
“Inmates detained inside jails and prisons have the right to be free from sexual assaults and sexually abusive behavior. The Department of Justice will continue to hold accountable prison employees who exploit their positions of power to sexually abuse individuals in their custody, and then attempt to cover up their misconduct,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Corrections officers who commit sexual assault have no place inside the Bureau of Prisons, and we will continue to fight for justice for victims of these despicable crimes.”
“The Department of Justice strives to maintain a safe, secure, and supportive environment for prison inmates, and one that promotes the successful reentry of inmates into society,” said U.S. Attorney Prim F. Escalona. “My office works closely with the OIG and Civil Rights Division to investigate and prosecute any sexual abuse of inmates by prison employees.”
“Ellis sexually abused an inmate in his custody and then tried to coerce another correctional officer to help him cover up his crime. The DOJ Office of the Inspector General will continue to investigate and bring to justice anyone who engages in this kind of behavior,” said Special Agent in Charge James F. Boyersmith of the Justice Department’s Office of the Inspector General Miami Field Office.
A sentencing hearing is scheduled for October 26.
This case was investigated by the Atlanta Division of the OIG. Executive Assistant U.S. Attorney Robert Posey and Assistant U.S. Attorney Robin Mark of the Northern District of Alabama and Special Litigation Counsel Fara Gold and Trial Attorney Anna Gotfryd of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice are prosecuting the case.
Birmingham Man Pleads Guilty to CarjackingRead the Press Release
BIRMINGHAM, Ala. – A Birmingham man pleaded guilty today to an armed carjacking, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Mickey French.
Tadarrius Lawaun Smith, 23, pleaded guilty to carjacking and carrying and brandishing a firearm during and in relation to a violent crime. He entered his plea pursuant to a binding Plea Agreement with the government, in which the parties jointly recommended a sentence to include 189 months in prison. Sentencing is scheduled for-October 26, 2021, before U.S. District Judge Annemarie Carney Axon.
According to the plea agreement, on December 4, 2019, Smith carjacked the victim as she was exiting her car in the parking lot of an apartment complex in the Southside area of Birmingham. Smith put a pistol with an extended magazine to her head and made her get back in the car. Smith drove the car to an unknown location and held a pistol to her head and told her that he was going to kill her, he then assaulted her and demanded money. Smith drove her to three different ATMs withdrawing $860 and took her Mastercard because it had a high credit limit. Smith then drove to the 900 block of 1st Avenue South and got out of the car and walked away. The victim drove several blocks down the street, parked, and called her daughter, who called police. Birmingham PD investigators pulled video from the bank and gas station where Smith stopped during the incident. Birmingham Police officers arrested Smith when he arrived at the Jefferson County Courthouse for a probation hearing.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case, along with the Birmingham Police Department. Assistant U.S. Attorneys Alan Baty and Darius Greene are 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.
Two Charged with Conspiracy in Scheme to Attack Democratic Headquarters in SacramentoRead the Press Release
WASHINGTON – Today, the federal court in San Francisco unsealed an indictment charging two California men with conspiracy to destroy a building affecting interstate commerce, and related crimes, in a scheme to attack the John L. Burton Democratic Headquarters in Sacramento.
According to court documents, Ian Benjamin Rogers, 45, of Napa, and Jarrod Copeland, 37, of Vallejo, began planning to attack targets they associated with Democrats after the 2020 Presidential election and sought support from an anti-government militia group. According to the indictment, the defendants planned to use incendiary devices to attack their targets and hoped their attacks would prompt a movement.
“Firebombing your perceived political opponents is illegal and does not nurture the sort of open and vigorous debate that created and supports our constitutional democracy,” said U.S. Attorney Stephanie M. Hinds. “The allegations in the indictment describe despicable conduct. Investigation and prosecution of those who choose violence over discussion is as important as anything else we do to protect our free society.”
“The FBI’s highest priority has remained preventing terrorist attacks before they occur, including homegrown plots from domestic violent extremists,” said Special Agent in Charge Craig Fair. “As described in the indictment, Ian Rogers and Jarrod Copeland planned an attack using incendiary devices. The FBI and the Napa County Sheriff’s Office have worked hand-in-hand to uncover this conspiracy and to prevent any loss of life.”
The indictment describes how Copeland and Rogers used multiple messaging applications and discussed the attacks on numerous occasions. For example, in late December 2020, Copeland told Rogers he contacted an anti-government militia group to gather support for the movement and in January 2021, Rogers told Copeland “I want to blow up a democrat building bad.” Copeland agreed, saying, “I agree” “Plan attack”. The agreed to start with the Democratic Headquarters in Sacramento and to “see what happens.” In one exchange, Rogers wrote to Copeland, “after the 20th we go to war,” meaning that they would initiate acts of violence after the inauguration on January 20, 2021.
According to court documents, on January 15, just four days after that exchange and five days before the trigger that Rogers and Copeland identified as the start of their campaign of violence, law enforcement officers searched Rogers’s home and business and seized a cache of weapons from Rogers’s home, including 45 to 50 firearms, thousands of rounds of ammunition, and five pipe bombs. Copeland allegedly also attempted to destroy evidence of the plan; after Rogers’s arrest, Copeland communicated with a leader of a militia group who advised Copeland to switch to a new communications platform and delete everything he had. Copeland agreed and when law enforcement obtained Copeland’s devices on January 17, Copeland’s communications with Rogers were missing.
Additional documents filed by the government argue that the defendants understood they would be viewed as domestic terrorists and hoped that their violent acts might start a movement to overthrow the government. In November of 2020, Rogers allegedly used encrypted messaging applications to tell Copeland that he would “hit the enemy in the mouth” by using Molotov cocktails and gasoline to attack targets associated with democrats, including the Governor’s Mansion and the Democratic Headquarters Building in Sacramento.
Rogers and Copeland are both charged with conspiracy to destroy by fire or explosive a building used or in affecting interstate commerce. Rogers is charged with additional weapons violations, including one count of possession of unregistered destructive devices, and three counts of possession of machine guns. Copeland is charged with an additional count of destruction of records. If convicted, the defendants face a maximum statutory sentence of 20 years imprisonment, a three-year term of supervised release, and a $250,000 fine for the conspiracy charge. In addition, Rogers faces a maximum of 10 years in prison for the weapons charge and Copeland faces a maximum of 20 years in prison for the destruction of evidence charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Rogers also faces numerous state charges arising out of his possession of the pipe bombs and machine guns, and his possession of assault rifles prohibited under California law, and is being prosecuted for those offenses by the Napa County District Attorney’s Office.
Rogers has remained in state custody since his arrest on January 15, 2021. Copeland was arrested yesterday morning and made an initial federal court appearance this morning in the U.S. District Court for the Northern District of California. Copeland will appear next on July 20, 2021, for a detention hearing. Rogers will appear next on July 30, 2021, for a status conference.
Acting U.S. Attorney Stephanie M. Hinds of the Northern District of California; Associate Attorney General Mark Lesko of the Justice Department’s National Security Division; and Special Agent in Charge Craig D. Fair for the FBI’s San Francisco Field Office made the announcement.
Assistant U.S. Attorney Frank Riebli of the Northern District of California and Trial Attorney David Cora of the National Security Division’s Counterterrorism Section are prosecuting the case.
The FBI’s San Francisco Field Office is investigating the case, with valuable assistance provided by the FBI Sacramento Field Office and Napa County Sheriff’s Department.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Convicted Felon Sentenced to 10 Years in Prison on Gun and Drug ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal judge yesterday sentenced a convicted felon on gun and drug charges, 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 Karon O. Bowdre sentenced Brenton Damond Sims, 41, of Birmingham, to 120 months in prison on one count of possession with intent to distribute crack cocaine and one count of being a felon in possession of a firearm. Sims pleaded guilty to the charges in April.
According to the plea agreement, on July 3, 2019, the Birmingham Police Department conducted a traffic safety checkpoint at the intersection of South Park Road and Fulton Avenue in the western part of Birmingham. Sims, driving a 2004 BMW, refused to stop and proceeded through the checkpoint, nearly hitting an officer. Officers pursued Sims to the 500 block of 23rd Place, SW, where he turned down an alley, abandoned his car, and fled on foot. Officers chased Sims down the alley, and a detective observed a handgun in Sim’s right hand. Sims was found hiding under the back deck of a residence on 23rd Place, SW. A pistol was found lying in the grass just to the right of where Sims was hiding under the deck. The pistol was a Glock 23 .40 caliber semiautomatic with an extended magazine. There were 20 rounds in the magazine and one round in the chamber. Sims was also searched, and officers found three bags of marijuana, four bags of crack cocaine, and $2,045 cash on his person.
“It is a priority of my office to prosecute felons who carry firearms while possessing and dealing illegal drugs,” U.S. Attorney Escalona said. “We value the work of our Birmingham law enforcement partners to keep this community safe.”
“ATF’s partnerships with the Birmingham PD and the U.S. Attorney’s Office focuses on the devastating impact of firearms and narcotics, and works with the entire community to deter poor choices and provide alternatives,” ATF Special Agent in Charge, Mickey French said.
The ATF investigated the case along with the Birmingham Police Department. Assistant U.S. Attorney Kristy Peoples prosecuted the case.
Vestavia Hills Father and Son Arrested in Bank Fraud SchemeRead the Press Release
BIRMINGHAM, Ala. – Today, a father and son were arrested and charged in a bank fraud scheme in which they 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.
A 26-count indictment filed in U.S. District Court charges Christopher A. Montalbano, 38, of Vestavia, and Gus Anthony Montalbano, 75, of Vestavia, with conspiracy to commit bank fraud, false statements on a loan application, and money laundering. Christopher Montalbano was also charged with aggravated identity theft and bank fraud. Christopher Montalbano and Gus Montalbano were arrested at their respective homes in Vestavia.
According to the indictment, from 2015 through February 2020, the Montalbano’s conspired to submit fraudulent information regarding their income to numerous financial institutions in support of numerous fraudulent loan applications to purchase boats, luxury vehicles and heavy equipment. The defendants submitted fraudulent personal and corporate financial statements, tax returns, pay stubs, W-2s, invalid Hull Identification Numbers (HINs), and invalid Vehicle Identification Numbers (VINs) in support of the loan applications. In addition, the defendants applied for and obtained multiple loans for the purpose of purchasing a luxury vehicle without disclosing that they had already financed the purchase of the same luxury vehicle with a different financial institution. The funds obtained from the fraudulent loans were used to pay for personal living expenses and make loan payments owed to other financial institutions.
In March 2018 and September 2018, Christopher Montalbano fraudulently used the identity of another individual on an application for loans submitted to USAA Bank.
The indictment also charges Christopher Montalbano with bank fraud due to the violation of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. On April 29, 2020, Montalbano submitted to Cross River Bank a fraudulent PPP loan application for LSA Corporation. Montalbano fraudulently represented that the funds he sought for LSA Corp. would “be used to retain workers and maintain payroll or make mortgage interest payments, lease payments, and utility payments” when, in fact, he intended to use the funds he obtained from the PPP for personal expenses. On April 30, 2020, Cross River Bank approved and deposited $58,153.00 into the LSA Corporation’s bank account.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice, in partnership with agencies across government, to enhance efforts to combat and prevent pandemic-related fraud. The Task Force assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The Federal Bureau of Investigation investigated the case. Assistant U.S. Attorneys Robin B. Mark and Kristen Osborne are prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Convicted Felon Sentenced to More Than 17 Years in Prison on Gun and Drug ChargesRead the Press Release
HUNTSVILLE, Ala. – A federal judge yesterday sentenced Norman David Ray Fischer, 41, of Owens Cross Roads, to 211 months in prison on gun and drug charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Mickey French.
In March, Fischer pleaded guilty before U.S. District Court Judge Abdul K. Kallon to one count of possession with intent to distribute methamphetamine, one count of possession of a firearm in furtherance of a drug trafficking crime, and one count of being a felon in possession of a firearm.
“As this sentence demonstrates, drug-dealing felons with guns face stiff penalties under federal law,” U.S. Attorney Escalona said. “It is a priority of my office to work with our law enforcement partners to prosecute these crimes.”
“ATF’s Crime Gun Intelligence partnerships with the Madison County Sheriff’s Office and the U.S. Attorney’s Office focuses on the devastating impact of firearms violence and works with the entire community to reduce the potential for violent crime,” ATF SAC French stated.
The ATF investigated the case along with the Madison County Sheriff’s Department Narcotics Unit and SWAT Team. Assistant U.S. Attorney Robert J. Becher prosecuted the case.
Birmingham Man Sentenced to 60 Months in PrisonRead the Press Release
BIRMINGHAM, Ala. – A Birmingham man was sentenced today for being a felon in possession of a firearm, announced U.S. Attorney Prim F. Escalona and U.S. Marshal Martin Keely.
United States District Judge Madeline H. Haikala sentenced Lionel Caffey, 27, to 60 months in prison for being a felon in possession of a firearm. Caffey pleaded guilty to the charge in December 2020.
On April 28, 2020, the U.S. Marshals Service Gulf Coast Regional Fugitive Task Force went to a Birmingham hotel to arrest Caffey on an outstanding state warrant for attempted murder. According to testimony at his sentencing, Task Force officers encountered Caffey after he walked out of his third-floor hotel room. Caffey fought with officers and reached for his waistband during the struggle. One officer felt a pistol in Caffey’s waistband and alerted the other officers. Caffey broke free from the officers and kicked in the door of another third-floor hotel room. He then attempted to jump out of a closed window at the back of that room, but the window did not break. At that point, officers were able to gain control of him. Even after being cuffed, Caffey continued to reach for his waistband. The pistol was found on the floor in the room where he was handcuffed.
“Convicted felons who possess firearms are among those who are most likely to commit a violent crime,” U.S. Attorney Escalona said. “Prosecuting the drivers of violence in our communities is a top priority of my office.”
The United States Marshals Service Gulf Coast Regional Fugitive Task Force investigated the case. Assistant U.S. Attorney Alan Baty prosecuted the case.
Fairfield Man Sentenced to 75 Months in PrisonRead the Press Release
BIRMINGHAM, Ala. – A Fairfield man was sentenced today for being 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.
United States District Judge Madeline H. Haikala sentenced Darrick Ansal Dunlap, 43, to 75 months in prison followed by three years’ supervised release. Dunlap pleaded guilty in February to being a felon in possession of a firearm.
“Too often, domestic violence ends in tragedy for both the family and the neighborhood. Today’s sentence sends a clear message that criminals who use firearms to commit acts of domestic violence will be held accountable,” U.S. Attorney Escalona said. “Through Operation Safe Families, my office is focused on keeping guns out of the hands of domestic abusers.”
“ATF’s priority of enforcing federal firearms laws in domestic violence situations is clearly evident with this sentencing,” said SAC French.
According to the plea agreement, on March 30, 2020, Jefferson County Sheriff’s Deputies responded to a shooting call at a residence in Fairfield, Alabama. Dunlap and one of the victims got into an argument at the residence regarding her contribution to family expenses. During the argument, Dunlap made a threat to kill the individual and then retrieved a Glock 9-millimeter pistol, which he shot toward the floor. The bullet ricocheted up, hitting both victims. Dunlap claimed that the “gun just went off.” One victim suffered from a gunshot wound to her right knee, and the other victim suffered from a gunshot wound to her left wrist. The gun was identified as stolen in Birmingham during the prior year.
ATF investigated the case. Assistant U.S. Attorney Alan Baty prosecuted the case.
Getaway Driver in Bank Robbery SentencedRead the Press Release
BIRMINGHAM, Ala. – A Florida man was sentenced today for a bank robbery in Anniston, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
United States District Judge R. David Proctor sentenced Shaun Jamar Harris, 32, of Miami, Florida, to 70 months in prison for bank robbery. Harris pleaded guilty to the charge in November 2020.
“As today’s sentence makes plain, bank robbery is a serious federal offense that carries serious prison time.” U.S. Attorney Escalona said. “I want to thank the FBI and the Anniston Police Department for their work investigating this case.”
According to the plea agreement, on January 10, 2020, Harris and his accomplice, Christopher Jermain Spann, robbed the Regions Bank branch on Greenbrier Dear Road in Anniston. Spann went into the bank while Harris waited in the car. Spann handed the bank teller a note written by Harris that read, “ALL BIG BILL N THE BAG. NO DIE PICK OR TRACK I HAVE A GUN WILL KILL YOU.” The teller placed $1720.10 in a plastic bag provided by Spann and gave the bag back to him. Spann fled the bank and ran to a white 2016 Chevrolet Malibu driven by Harris. Harris drove recklessly out of the bank parking lot and was later stopped going eastbound on Interstate 20 in Cleburne County. Harris and Spann were arrested and taken to the Anniston Police Department.
Christopher Jermain Spann is scheduled for sentencing on June 30th.
FBI investigated the case along with the Anniston Police Department. Assistant U.S. Attorney Kristy Peoples prosecuted the case.
U.S. Attorney Escalona Recognizes World Elder Abuse Awareness DayRead the Press Release
BIRMINGHAM, Ala. – Today, U.S. Attorney Prim Escalona recognizes World Elder Abuse Awareness Day. This day provides an opportunity for the Department of Justice and the United States Attorney’s Office for the Northern District of Alabama to raise awareness of the abuse, fraud, neglect, and schemes committed against the elderly.
“Our seniors are vital members of our community. Unfortunately, they are often among the most vulnerable,” U.S. Attorney Escalona said. “Prosecuting those who prey on this vulnerable community is a top priority, and we remain committed to pursuing justice for the seniors in Northern Alabama.”
Each year June 15th is recognized as World Elder Abuse Awareness Day. Elder abuse is a serious crime against some of our nation’s most vulnerable citizens, affecting at least 10% of older Americans every year. Elder abuse has harmful impacts at all levels of society:
- Scammers exploit the elderly population through grandparent scams, fake prizes, romance scams, fraudulent Internal Revenue Service refunds, and deliberate extortion.
- Elder abuse triples the risk of premature death and causes unnecessary illness, injury, and suffering.
- Victims of elder abuse are four times more likely to be admitted to a nursing home and three times more likely to be admitted to a hospital.
- Older adults with cognitive incapacity suffer significantly greater economic losses than those without such incapacity.
- Elder abuse can lead to serious physical injuries and long-term psychological consequences.
As a community, we can all raise awareness and help protect elder Americans in the Northern District of Alabama. I encourage you to visit www.elderjustice.gov and learn more about the ways you can assist in our efforts to prevent fraud, neglect, and abuse of elders. To find help or report abuse visit https://www.justice.gov/elderjustice/find-support-elder-abuse.
The FBI Internet Crime Complaint Center (IC3) 2020 Elder Fraud Report was posted today on https://www.ic3.gov/Media/PDF/AnnualReport/2020_IC3ElderFraudReport.pdf. In 2020, IC3 received a total of 791,790 complaints with reported losses exceeding $4.1 billion. Based on the information provided in the complaints, approximately 28% of the total fraud losses were sustained by victims over the age of 60, resulting in approximately $1 billion in losses to seniors. This represents an increase of approximately $300 million in losses reported in 2020 versus what was reported by victims over 60 in 2019. To educate the public and provide as much information on the types of frauds targeting seniors as possible, the IC3 is offering its first publication of the 2020 IC3 Elder Fraud Annual Report. This report is a companion report to the 2020 IC3 Annual Report released in March 2021.
Talladega County Man Sentenced on Drug ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Talladega man on drug charges, announced United States 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 Anthony Lamon Frazier, 39, to 120 months in prison followed by five years ‘supervised release for possession with the intent to distribute more than 50 grams of methamphetamine. A jury convicted Frazier in December 2020.
“Today’s sentence sends a message to those dealing methamphetamine in our communities – you will get caught and spend time in a federal prison,” U.S. Attorney Escalona said. “I commend our law enforcement partners for their tireless work to eliminate methamphetamine distribution across the Northern District of Alabama.”
“ATF’s partnerships focuses on the devastating impact of contraband and works with the entire community to deter poor choices and provide alternatives,” ATF SAC French said.
In October 2019, Frazier delivered almost two pounds of methamphetamine to an individual and used his Talladega County government work truck to distribute the narcotics.
ATF investigated the case, along with the Talladega County Drug Task Force. Assistant U.S. Attorneys Blake Milner and Allison Garnett prosecuted the case.
Convicted Felon Sentenced for Illegal Firearms PossessionRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Talladega man 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.
United States District Judge Corey L. Maze sentenced Larry Dewayne Gaither, 43, to 54 months in prison for being a felon in possession of a firearm. According to the indictment, Gaither unlawfully possessed an American Tactical .223 and 103 rounds of Wolf Performance .223 caliber ammunition in January 2020. Gaither was previously convicted in Calhoun County, Alabama, of felony offenses of robbery, assault, and using a false identity. Gaither pleaded guilty to the charge in December 2020.
“Keeping firearms out of the hands of convicted felons is a key component of our violent crime strategy.” U.S. Attorney Escalona said. “My office will prosecute convicted felons who illegally possess firearms as part of our ongoing efforts to keep our communities safe.”
”ATF’s Crime Gun Intelligence partnerships focus on the devastating impact of firearms violence and works with the entire community to provide a safe environment,” SAC French said.
ATF investigated the case. Assistant U.S. Attorney Kristy Peoples prosecuted the case.
Childersburg Man Sentenced for Possession of Child PornographyRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Childersburg man for possession of child pornography, announced United States Attorney Prim F. Escalona and U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent in Charge Katrina W. Berger.
United States District Judge Corey L. Maze sentenced William Jason Walker, 49, to 78 months in prison followed by 10 years’ supervised release. Walker was also ordered to pay $51,000.00 in restitution to the victims. In September 2020, Walker pleaded guilty to possession of child pornography. This conviction will require Walker to register as a sex offender in accordance with the Sex Offender Registration and Notification Act (SORNA).
“Victimization of children will not be tolerated. We will prosecute those who produce, possess or distribute child pornography to the fullest extent of the law,” U.S. Attorney Escalona said. “Thanks to the collaborative work of the Swedish National Police and the Department of Homeland Security, a child predator has been taken out of our community for many years and will be closely monitored upon his release.”
“HSI is proud to work with our law enforcement partners in Alabama to protect our most vulnerable citizens,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Our community is safer now that this child predator is off the streets.”
According to the plea agreement, in November 2019, the Department of Homeland Security Cyber Crimes Center (DHS/C3) of Fairfax, Virginia, received information from SKF, a company located in Sweden, that images of child pornography had been downloaded to a company laptop at a specific IP address. DHS/C3 agents obtained information from the representatives of SKF and determined that the laptop was assigned to Walker. The IP address was traced to the SKF factory located in Moody, Alabama. Walker was employed as a sales representative at that location. Walker used his employer’s laptop, as well as an iPad and thumb drives, to view the pornographic images. Forensic examination of the seized devices revealed 16,870 images of suspected child sexual abuse material.
The U.S. Immigration and Customs Enforcement Homeland Security Investigations investigated the case along with HSI Task Force Agents with the Bessemer Police Department. Assistant United States Attorney R. Leann White prosecuted the case.
The case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. 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 Project Safe Childhood.
Appellate Court Affirms Convictions of Lawyer and Coal Company Executive for Bribing State LegislatorRead the Press Release
BIRMINGHAM, Ala. – The U.S. Court of Appeals for the Eleventh Circuit yesterday affirmed the convictions of a Birmingham lawyer and an Alabama coal company executive in a scheme to bribe a state legislator to use his office to oppose Environmental Protection Agency actions in north Birmingham, announced U.S. Attorney Prim F. Escalona.
A jury found former Balch & Bingham partner JOEL IVERSON GILBERT and former Drummond Company Vice President of Government and Regulatory Affairs DAVID LYNN ROBERSON guilty of bribery, honest services wire fraud, conspiracy, and money laundering. At trial, the government showed that, after the EPA notified a Drummond Company subsidiary of its potential liability for cleanup costs, Gilbert and Roberson bribed former Alabama Rep. Oliver Robinson to advocate Drummond’s opposition to EPA’s prioritization or expansion of the north Birmingham Superfund site near Robinson’s district. The bribe came in the form of a consulting contract that paid Robinson $360,000 through the Oliver Robinson Foundation, a non-profit organization, between 2015 and 2016. In return, Robinson spoke to EPA officials and state environmental officials, secretly taping his meetings, and cast a vote for a state resolution drafted by Gilbert opposing the EPA’s efforts.
On appeal, Gilbert and Roberson contended that their actions did not meet the legal definition of bribery. The Eleventh Circuit disagreed and affirmed their judgments of conviction. It held that the two “concealed payments of hundreds of thousands of dollars to an Alabama Representative through his charitable foundation” in exchange for his official acts “intended to undermine the Environmental Protection Agency’s . . . efforts to clean up a Superfund site.”
“The Eleventh Circuit confirmed what the jury understood. Joel Gilbert and David Roberson paid a state representative to deprive the voters of north Birmingham of their voice,” Escalona said. “The appellate court’s decision makes clear that the very purpose of our bribery laws is to prohibit such efforts to subvert the will of the community.”
Assistant U.S. Attorneys George Martin, now of the Southern District of Alabama, Robin B. Mark, and J.B. Ward prosecuted the case in the district court. Martin briefed and Assistant U.S. Attorney Praveen Krishna argued the case before the Eleventh Circuit.
Former Madison County Man Sentenced on Child Exploitation ChargesRead the Press Release
HUNTSVILLE, Ala. – A federal judge today sentenced a former Madison County man on child exploitation charges, announced United States Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
Chief United States District Judge L. Scott Coogler sentenced Justin David Beatty, 31, formerly of Madison County, to 50 years in prison followed by lifetime supervised release for two counts of production of child pornography, two counts of coercion and enticement of a minor, and two counts of receipt of child pornography. Beatty pleaded guilty to these charges in September 2020.
According to court documents, Beatty targeted and manipulated pre-teen and teenage girls through various online chat applications using false personas. Beatty used threats to coerce them to produce obscene photographs of themselves for his sexual pleasure. When they refused his demands, he would threaten to post their pornographic photographs online. This conviction will require Beatty to register as a sex offender in accordance with the Sex Offender Registration and Notification Act (SORNA).
“This defendant used the internet to gain the trust of vulnerable victims and exploited them for his own gratification,” U.S. Attorney Escalona said. “This sentence sends a strong message that individuals who target children for sexual exploitation will be brought to justice.”
“Beatty was a textbook “sextortionist” with his efforts to manipulate young girls,” SAC Sharp said. “This case should serve as a reminder that both youth and caregivers need to understand that a sexual predator can victimize children or teens in their own homes through the devices they use for gaming, homework, and communicating with friends. Awareness, online safety practices, and a willingness to ask for help, can put an end to this exploitation. Please report suspected sextortion, to your nearest FBI field office or call 1-800-CALL-FBI (225-5324). To make a CyberTipline report with the National Center for Missing & Exploited Children (NCMEC), visit report.cybertip.org.”
FBI Huntsville Resident Agency, along with the FBI Internet Crimes Against Children Task Force and the City of Madison Police Department investigated the case. Assistant United States Attorney R. Leann White prosecuted 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.
Birmingham Man Sentenced for Making Unapproved Drug ProductsRead the Press Release
BIRMINGHAM, Ala. – A Birmingham man was sentenced today for his role in making unapproved drug products in his kitchen and warehouse, and then marketing and selling them as a cancer treatment, announced U.S. Attorney Prim F. Escalona and FDA Office of Criminal Investigations, Miami Field Office Special Agent in Charge Justin C. Fielder.
U.S. Senior District Judge Karen O. Bowdre sentenced Patrick Charles Bishop, 54, to 30 months in prison followed by three years’ supervised release for conspiracy to fraudulently introduce adulterated drugs and misbranded drugs into interstate commerce. Judge Bowdre also ordered Bishop to forfeit $900,000 in proceeds from his crimes. Bishop pleaded guilty to the charge in January.
“The defendant posed a dangerous threat to patients who thought they were receiving an approved and effective treatment for cancer,” U.S. Attorney Escalona said. “My office will continue to prosecute those who deceive the public by selling unapproved drug products.”
“The FDA’s requirements are designed to ensure that patients receive safe and effective medical treatments. Evading the FDA process and distributing unapproved, adulterated, and misbranded drugs to vulnerable Americans will not be tolerated,” said Special Agent in Charge Justin C. Fielder, FDA Office of Criminal Investigations, Miami Field Office. “Today’s announcement serves as a reminder of FDA’s continued focus on protecting the public health of the nation.”
According to the plea agreement, Bishop ran a business that made, marketed, sold, and distributed products purportedly containing a peptide called PNC-27, and purportedly effective in treating cancer. During 2015 and 2016, Bishop received millions of dollars from sales of PNC-27 products.
PNC-27 has not been approved by the FDA for use in the United States as a drug to treat any disease, including cancer; nor has PNC-27 undergone clinical trials in the United States. Bishop took steps to conceal these activities from the FDA and others. Bishop used the business name Best Peptide Supply, LLC, to buy PNC-27 from a Chinese supplier, and a different business name, Immuno Cellular Restoration Program, Inc., to sell PNC-27 products to others. He described his distribution of PNC-27 products as part of a research effort and promoted himself as a research director. Bishop had no formal training or education in medicine or the treatment of diseases.
Bishop repeatedly assured his Chinese supplier that he would use the peptide solely for laboratory research purposes. In reality, he used the peptide to make homemade suppositories in his kitchen in Birmingham, and at a warehouse he rented in Pelham, and then marketed and sold those products as a cancer treatment. The kitchen and warehouse were not sterile and the process of making the suppositories did not comply with current good manufacturing practices.
The FDA’s Office of Criminal Investigation investigated the case, which Assistant U.S. Attorney J.B. Ward is prosecuting.
Birmingham Man Sentenced for Using Stolen ID to Buy PistolsRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Birmingham man for making a false statement to a firearms dealer, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Mickey French.
U.S. District Judge Annemarie Carney Axon sentenced Nasheed Kareem Hutchins, 22, to 24 months in prison for making a false statement during the purchase of pistols from two Tuscaloosa gun stores. Hutchins pleaded guilty to these charges in February.
According to the plea agreement, using the stolen identification card of another man, Hutchins purchased six pistols from Wade’s Jewelry and Pawn and two pistols from Quick Pawn Shop #9 on the same day. The ATF began an investigation after law enforcement officers in New Jersey recovered one of the guns from a felon within a short time after it was purchased in Tuscaloosa.
After security video at one of the gun stores ruled out the individual whose identification card was used, ATF agents tracked down the true purchaser, Hutchins, using contact information provided during one of the purchases and an unrelated booking video of Hutchins from the Tuscaloosa County Jail. That video showed Hutchins wearing the same distinctive shirt as the gun buyer. Hutchins later admitted using the identification card to buy the guns.
“Illegally obtained firearms are a major source of crime guns throughout the United States,” U.S. Attorney Escalona said. “My office is committed to prosecuting those who illegally acquire and possess firearms.”
“The partnerships with the public safety departments and the U.S. Attorney’s office were crucial in reducing the potential for violent crime in this case,” SAC French said.
The ATF investigated the case. Assistant U.S. Attorney Alan Baty prosecuted.
Birmingham Man Sentenced for Fraud against Huntsville Police Officer’s Memorial FundRead the Press Release
BIRMINGHAM, Ala. – A Birmingham man was sentenced today for a scheme to obtain money from a fund intended for the family of a fallen Huntsville Police officer, announced U.S. Attorney Prim F. Escalona, U.S. Postal Inspector In Charge, Houston Division, Adrian Gonzalez, and FBI Special Agent in Charge Johnnie Sharp, Jr.
U.S. District Judge Annemarie Axon sentenced Devonte Lemond Hammonds, 28, to 37 months in prison for access device fraud and wire fraud. Hammonds pleaded guilty to the charges in February.
“This sentence sends a strong message that frauds like this will be prosecuted and punished severely,” U.S. Attorney Escalona said. “This defendant exploited a tragedy and stole money intended for the family of an officer killed in the line of duty. Today justice was served for the victims of this egregious crime.”
“Today’s sentencing revealed that what Devonte Hammonds thought was an easy fraud scheme turned out to be an even easier trip to federal prison,” Inspector in Charge Adrian Gonzalez, Houston Division, U.S. Postal Inspection Service said. “His mail fraud scheme was insidious, and it is hoped that justice being served today will help bring closure for those he affected.”
“Hammonds stole from the family of a fallen hero and has now been sentenced for his despicable crimes,” FBI SAC Sharp said. “I commend the tireless efforts of our special agents and law enforcement partners who worked jointly to bring this case to justice.”
In December 2019, Hammonds devised a scheme to fraudulently obtain money from the Billy Clardy Memorial Fund. Billy Clardy was a Huntsville Police officer killed in the line of duty in 2019. After Officer Clardy’s death, a memorial fund was established to collect contributions and provide aid to his family. Hammonds used the identity of another person to open a bank account and transfer funds from the Billy Clardy Memorial Fund bank account to the fictitious account for his own use. Hammonds also used the U.S. Postal Service website to fraudulently reroute mail from numerous U.S. Postal Service customers to addresses in Birmingham that he could access. He rerouted the mail to obtain more personal identifying information of those customers, and used that information to pay bills, make purchases, and open new accounts.
The FBI and USPIS investigated the case. Assistant U.S. Attorneys J.B. Ward and Michael Pillsbury prosecuted the case.
Armed Career Criminal Sentenced to over 15 Years in Prison for Firearm PossessionRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced an Atlanta man for being a felon in possession of a firearm, announced United States Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Mickey French.
Chief U.S. District Judge L. Scott Coogler sentenced Kareem Jamal Young, 38, of Atlanta, Ga., to 188 months in prison for being a felon in possession of a SCCY 9mm pistol in March 2017. Young pleaded guilty to the charge in April 2021.
“Prosecuting career criminals who continue to possess firearms is an important part of reducing violent crime in this district,” said U.S. Attorney Escalona. “Convicted felons with guns, especially those individuals involved in promoting violence or drugs, will be held accountable in a federal prison.”
“It is imperative to keep firearms out of the hands of convicted felons who use them in the furtherance of violent crimes,” ATF SAC Mickey French. “ATF will continue to work in conjunction with law enforcement agencies and the community to remove the criminal element that have a negative impact to our communities.”
Young was sentenced under the Armed Career Criminal Act, which provides a sentencing range of fifteen years to life for individuals who have been convicted of federal gun crimes and have at least three prior felony convictions for crimes of violence and/or serious drug offenses. Young was convicted on August 25, 2009, in the Circuit Court of Tuscaloosa County, Alabama, for Robbery and Distribution of a Controlled Substance. He was also convicted on January 4, 2002, in the Circuit Court of Tuscaloosa County for Robbery and Escape.
ATF investigated the case. Assistant U.S. Attorneys Allison Garnett and Jonathan Cross prosecuted the case.