Northern District of Alabama

BIRMINGHAM, Ala. – On Wednesday, December 9th, federal agents arrested three individuals for using stolen personal identifying information to open fraudulent online bank accounts and loans, announced U.S. Attorney Prim Escalona and FBI Special Agent in Charge Johnnie Sharp, Jr.

A 26-count indictment filed in U.S. District Court charges Kristen Miyamoto, 39, La Verne, California, Shawn Adame, 46, La Verne, California, and Veronica James, 41, Pomona, California, with conspiracy to commit bank fraud and aggravated identity theft. Miyamoto was also charged with unlawful production of identification documents or authentication features. 

According to the indictment, from March 2017 through October 2020, Miyamoto, Adame, and James stole personal identifying information of individuals in various locations within the United States.  Miyamoto, Adame, and James used the stolen personal identifying information to open fraudulent bank accounts and create numerous email accounts with various providers, often using account names that would match the stolen identities.  These email accounts were used for online banking and submitting online loan applications.  As part of the scheme, Miyamoto created false California driver’s licenses to facilitate opening bank accounts under the stolen identities for herself and her co-conspirators.

Miyamoto, Adame, and James face a mandatory minimum of two years and up to 30 years in prison. Their actions affected numerous individuals, including residents of the Northern District of Alabama, as well as significant banking activity important to the economy of the district.

FBI investigated the case. Assistant U.S. Attorney Kristen S. Osborne is prosecuting the case.

An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.

BIRMINGHAM, Ala. – Today, North Alabama federal law enforcement agencies announced their participation and continuing engagement in the global law enforcement action against transnational money laundering and fraud perpetrated by “money mules”. The local North Alabama offices of the United States Attorney’s Office, Federal Bureau of Investigation, United States Postal Inspection Service, and U.S. Secret Service took part in the global enforcement action, which has acted against more than 2,300 suspected money mules. U.S. federal law enforcement agencies and Europol worked simultaneously in the Money Mule Initiative and the European Money Mule Action.  

Over the last two months, U.S. law enforcement agencies took action against over 2,300 money mules. Northern District of Alabama law enforcement agencies are continuing to investigate and engage suspected money mules.  This year’s Money Mule Initiative is the third annual crackdown against money mules involved in a wide range of schemes including lottery fraud, romance scams, government imposter fraud, technical support fraud, business email compromise or CEO fraud, and unemployment insurance fraud that tend to target the elderly and other vulnerable populations. 

Money mules are people who receive and move money obtained from victims of fraud. Some money mules know they have been recruited to assist criminal activity, but others become money mules without realizing their activity is benefiting fraudsters. Often, money mules are engaged by responding to a seemingly legitimate advertisement or social media post that promises easy money for little effort, or by helping someone they have met online or over the phone by agreeing to receive and transfer money, packages, gift cards, or virtual currency that support the global movement and laundering of criminal goods and finances.

“Federal law enforcement agencies continue to work tirelessly to protect victims from the many complex criminal schemes that seek to defraud consumers, businesses, and vulnerable populations,” said U.S. Attorney Prim F. Escalona.  “Federal prosecutors and law enforcement remain determined in their fight against both the root and branch of criminal enterprises that deceive and harm our communities and citizens.  Our office and our Elder Justice Coordinator will continue to reach out to North Alabama communities to educate citizens and communities on how best to recognize money mules and prevent financial fraud.”

“Acting as a money mule—allowing others to use your bank account, or conducting financial transactions on behalf of others, jeopardizes your financial security and compromises your personally identifiable information,” said Johnnie Sharp, Jr., Special Agent in Charge, FBI Birmingham Division. “Protect yourself by refusing to send or receive money on behalf of individuals and businesses for which you are not personally and professionally responsible. To report suspicious activity, please visit the FBI’s Internet Crime Complaint Center at ic3.gov.”

“The U.S. Postal Inspection Service (USPIS) is charged with defending the nation’s mail system from illegal use, no matter where those crimes originate,” said Adrian Gonzalez, Inspector-in-Charge of the Houston Division. “The number and variety of schemes that target our most vulnerable populations, including the elderly, are numerous and the effects of those schemes can be devastating to the victim and their families. Today’s challenging economy deems it critical that we give consumers tools to guard against losing their hard-earned money to these money mules. Postal Inspectors will continue to work with the U.S. Attorney’s Office as well as our local, state and federal law enforcement partners in investigating these crimes and bringing the perpetrators to justice.”

“The U.S. Secret Service remains steadfast in its investigative pursuit of money mules who are either knowingly or unknowingly attempting to hide and/or transfer illicit funds,” said Patrick M. Davis, Special Agent in Charge of the Birmingham Field Office.  “The U.S. Secret Service will continue to work with our law enforcement partners to thoroughly investigate these crimes, seize unlawfully obtained funds and/or goods, and seek federal prosecution for those involved.”

Earlier this year Attorney General Barr declared “Prevention and Disruption of Transnational Elder Fraud” to be an Agency Priority Goal, making it one of the Department’s four top priorities. The best method for prevention of elder fraud is sharing information about the various types of elder fraud schemes with relatives, friends, neighbors, and other seniors who can use that information to protect themselves. To find public education materials, as well as information about how fraudsters use and recruit money mules, please visit the Department of Justice’s Money Mule Initiative website - Don't Be A Mule. More information about the Department’s efforts to help American seniors is available at its Elder Justice Initiative webpage (https://www.justice.gov/elderjustice). If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).

BIRMINGHAM, Ala. – Today, Justice Department filed suit against the State of Alabama and the Alabama Department of Corrections.  The complaint alleges that the conditions at Alabama’s prisons for men violate the Constitution because Alabama fails to provide adequate protection from prisoner-on-prisoner violence and prisoner-on-prisoner sexual abuse, fails to provide safe and sanitary conditions, and subjects prisoners to excessive force at the hands of prison staff. 

“The United States Constitution requires Alabama to make sure that its prisons are safe and humane,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division.  “The Department of Justice conducted a thorough investigation of Alabama’s prisons for men and determined that Alabama violated and is continuing to violate the Constitution because its prisons are riddled with prisoner-on-prisoner and guard-on-prisoner violence.  The violations have led to homicides, rapes, and serious injuries.  The Department of Justice looks forward to proving its case in an Alabama federal courtroom.”

 “Our office is committed to ensuring that all citizens’ constitutional rights are respected” stated Acting U.S. Attorney for the Northern District of Alabama William R. Chambers, Jr. “We will continue to work tirelessly to correct the constitutional deficiencies identified by our investigation into the state prison system.”

“­­­­­­­­­­­­­­­­­The results of the investigation into safety and excessive force issues within Alabama’s prisons are distressing and continue to require real and immediate attention,” U.S. Attorney for the Middle District of Alabama Louis V. Franklin, Sr. “We hope the filing of this complaint conveys the Department’s continued commitment to ensuring that the Department of Corrections abides by its constitutional obligations.”

“The COVID-19 pandemic has reminded us that one of the primary responsibilities of government is to keep our citizens safe,” said U.S. Attorney for the Southern District of Alabama Richard W. Moore. “That responsibility extends to citizens incarcerated within Alabama prisons.  Our investigation has demonstrated that constitutionally required standards have not been met in Alabama prisons and this must be corrected.  I am disappointed that the efforts of both Alabama officials and DOJ officials to find appropriate solutions have not resulted in a mutually agreed upon resolution.  Our oath as public officials now requires us to follow the Constitution and to pursue justice in the courts.”

The lawsuit is the result of a multi-year investigation into allegations of constitutional violations within Alabama’s prisons for men conducted by the department’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama.  As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided the state with written notice of the supporting facts for these alleged conditions, and the minimum remedial measures necessary to address them in Notice Reports issued on April 2, 2019 and July 23, 2020.  CRIPA authorizes the department to act when it has reasonable cause to believe there is a pattern or practice of deprivation of constitutional rights of individuals confined to correctional facilities operated by or on behalf of state or local government.  For over 20 months the department has engaged in negotiations with the State without achieving a settlement that would correct the deficiencies identified by the department’s investigation. 

 Today’s lawsuit seeks injunctive relief to address deficient conditions identified by the department’s investigation.  The complaint contains allegations of unconstitutional conditions of confinement, which must be proven in federal court.  The lawsuit does not seek monetary damages. 

This investigation was conducted by attorneys with the Special Litigation Section of the Justice Department’s Civil Rights Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama.  Individuals with relevant information are encouraged to contact the department by phone at (877) 419-2366 or by email at [email protected].

Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.

BIRMINGHAM, Ala. – Today, the Department of Justice recognized the U.S. Attorney’s Office for the Northern District of Alabama for Outstanding Individual Contribution in support of the Project Safe Neighborhoods (PSN) Initiative.

“Mr. Town’s vision to implement the P3 program enhanced the coordination and communication between federal and state prosecutorial agencies and law enforcement nationwide,” U.S. Attorney Escalona said.”  “Prosecutors at all levels will be able to collectively target worst offenders for years to come.”

Jay E. Town, Former U.S. Attorney, was recognized for the outstanding work in support of the PSN Program through his design and successful implementation of the Prosecutor to Prosecutor Program (P3). The P3 Program, created in January 2018 by Mr. Town, was designed to enhance Project Safe Neighborhoods strategic plans and focus on the worst offenders in a given area or district. P3 is a six-step process in which state and federal prosecutors make joint decisions on whether a criminal case should be prosecuted by the U.S. Attorney's Office. Since P3 was implemented in 2018 in the Northern District of Alabama, there have been more than 300 cases referred to federal law enforcement from local P3 team members, of which more than half have been selected for federal prosecution. The robust success of the P3 team and its implementation of the P3 program have led to a 64% increase in violent crimes prosecutions since 2016. Specifically, there has been a 73% increase in the number of 922(g) and 924(c) firearms matters received by the Northern District of Alabama U.S. Attorney’s Office since its implementation. The Prosecutor to Prosecutor Program is recognized by the Department of Justice as a best practice and national model for each federal district. P3 has since been replicated and effectively implemented by numerous U.S. Attorney’s Offices across the country.

Revitalized in 2017, PSN is a critical piece of the Department’s crime reduction efforts. PSN has focused on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

 

Birmingham, Ala. – A federal jury today convicted 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 Mikey French.

The jury returned its guilty verdict against Anthony Lamon Frazier, 38, after 2 days of testimony before U.S. District Judge Corey L. Maze. 

“Frazier’s conviction sends the message to those dealing drugs – you will get caught, and you will be held responsible for pushing this poison in our communities,” USA Escalona said.  “I want to commend the Talladega County Drug Task Force and the prosecution team for their hard work on this case.  I also want to thank the jurors for their time and service.” 

“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. 

Evidence at trial proved that Frazier agreed to deliver almost two pounds of methamphetamine to an individual, and ultimately did deliver that methamphetamine. Frazier used his Talladega County work truck to distribute the narcotics, and evidence at trial showed that a narcotics canine indicated on Frazier’s work truck numerous times for the presence of drugs.

The maximum penalty for possession with the intent to distribute more than 50 grams of methamphetamine is life in prison.

ATF investigated the case, along with the Talladega County Drug Task Force.  Assistant U.S. Attorneys Blake Milner and Allison Garnett prosecuted the case.

The Justice Department announced today that it has filed a lawsuit alleging that the Housing Authority of Ashland, Alabama, which manages seven federally funded low-income housing complexes, violated the Fair Housing Act by intentionally discriminating on the basis of race or color against applicants for housing.

The department’s complaint alleges that the Housing Authority denied African-American applicants the opportunity to live in overwhelmingly White housing complexes, while steering White applicants away from properties whose residents were predominantly African-American.

The lawsuit also names as defendants Southern Development Company of Ashland Ltd., Southern Development Company of Ashland #2 Ltd., and Southern Development Company LLC, which are the private owners and managing agent of one of those housing complexes.

“On April 11, 1968, one week after the assassination of the Rev. Dr. Martin Luther King Jr., the United States enacted the Fair Housing Act to outlaw race, color, and other forms of discrimination in housing. Denying people housing opportunities because of their race or color is a shameful and blatant violation of the Fair Housing Act,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The United States has made great strides toward Dr. King’s dream of a nation where we will be judged by content of our character and not by the color of our skin. The dream remains at least partially unfulfilled because we have not completely overcome the scourge of racial bias in housing. Discrimination by those who receive federal taxpayer dollars to provide housing to lower-income applicants is particularly odious because it comes with the support and authority of government. The U.S. Department of Justice will not stand for this kind of unlawful and intolerable discrimination. The Justice Department will continue to fight to protect the rights of all Americans to rent and own their homes without regard to their race or color.”

“Individuals and families should not have their rights affected by their race or national origin,” said U.S. Attorney Prim F. Escalona for the Northern District of Alabama. “Our office is committed to defending the civil rights of everyone.”

Today’s lawsuit, filed in the U.S. District Court for the Northern District of Alabama, alleges that since at least 2012, the defendants have maintained segregated housing properties by denying African-American housing applicants the opportunity to live at three overwhelmingly White housing complexes, known as Ashland Heights, Clay Circle and East Side, and denying White applicants the opportunity to live at West Side and Pine View, two properties whose residents are predominantly African-American. All of these complexes are located in Ashland, Alabama.

The lawsuit seeks damages to compensate victims, civil penalties to the government to vindicate the public interest, and a court order barring future discrimination and requiring action to correct the effects of the defendants’ discrimination.

Individuals who believe they have been victims of housing discrimination at the defendants’ properties should contact the department toll-free at 1-800-896-7743, mailbox 9997, or by email at [email protected]. Individuals who have information about this or another matter involving alleged discrimination may submit a report online at civilrights.justice.gov.

The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. More information about the Civil Rights Division and the civil rights laws it enforces is available at www.justice.gov/crt. 

The complaint contains allegations of unlawful conduct, which must be proven in federal court.

BIRMINGHAM, Ala. – The Justice Department announced today that it has filed a lawsuit alleging that the Housing Authority of Ashland, Alabama, which manages seven federally funded low-income housing complexes, violated the Fair Housing Act by intentionally discriminating on the basis of race or color against applicants for housing. The Department’s complaint alleges that the Housing Authority denied African-American applicants the opportunity to live in overwhelmingly White housing complexes, while steering White applicants away from properties whose residents were predominantly African-American.

The lawsuit also names as defendants Southern Development Company of Ashland, Ltd., Southern Development Company of Ashland #2, Ltd., and Southern Development Company, LLC, which are the private owners and managing agent of one of those housing complexes.

“On April 11, 1968, one week after the assassination of the Rev. Dr. Martin Luther King, Jr., the United States enacted the Fair Housing Act to outlaw race, color, and other forms of discrimination in housing. Denying people housing opportunities because of their race or color is a shameful and blatant violation of the Fair Housing Act,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The United States has made great strides toward Dr. King’s dream of a nation where we will be judged by content of our character and not by the color of our skin. The dream remains at least partially unfulfilled because we have not completely overcome the scourge of racial bias in housing. Discrimination by those who receive federal taxpayer dollars to provide housing to lower-income applicants is particularly odious because it comes with the support and authority of government. The United States Department of Justice will not stand for this kind of unlawful and intolerable discrimination. The Justice Department will continue to fight to protect the rights of all Americans to rent and own their homes without regard to their race or color.”

“Individuals and families should not have their rights affected by their race or national origin,” said U.S. Attorney Prim F. Escalona for the Northern District of Alabama. “Our office is committed to defending the civil rights of everyone.”

Today’s lawsuit, filed in the U.S. District Court for the Northern District of Alabama, alleges that since at least 2012, the defendants have maintained segregated housing properties by denying African-American housing applicants the opportunity to live at three overwhelmingly White housing complexes, known as Ashland Heights, Clay Circle and East Side, and denying White applicants the opportunity to live at West Side and Pine View, two properties whose residents are predominantly African-American. All of these complexes are located in Ashland, Alabama.

The lawsuit seeks damages to compensate victims, civil penalties to the government to vindicate the public interest, and a court order barring future discrimination and requiring action to correct the effects of the defendants’ discrimination.

Individuals who believe they have been victims of housing discrimination at the defendants’ properties should contact the department toll-free at 1-800-896-7743, mailbox 9997, or by email at [email protected]. Individuals who have information about this or another matter involving alleged discrimination may submit a report online at civilrights.justice.gov.

The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. More information about the Civil Rights Division and the civil rights laws it enforces is available at www.justice.gov/crt. The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The complaint contains allegations of unlawful conduct, which must be proven in federal court.

BIRMINGHAM, Ala. – Prim F. Escalona, the United States Attorney for the Northern District of Alabama, and Johnnie Sharp, Jr. the Special Agent in Charge of the Birmingham Field Office of the Federal Bureau of Investigation (“FBI”), announced two indictments against four defendants charged for their roles in separate and unrelated business email compromise fraud schemes.

On November 17, 2020 a federal grand jury indicted Oyedele Aro Benjamin, 26, of Chicago, Illinois, and Adetona Lala, 37, of Country Club Hills, Illinois, with conspiracy to commit wire and bank fraud, wire fraud, bank fraud, aggravated identity theft, and conspiracy to commit money laundering. The indictment alleges that from September 2018 to May 2019, Benjamin and Lala were part of an international criminal conspiracy that targeted companies throughout the United States of America with business email compromise schemes. Members of the conspiracy tricked and deceived victims into sending payments for legitimate business services to bank accounts that were controlled by the defendants and used for money laundering. The defendants executed this fraudulent scheme by, among other things, using fake names, false identity documents, and shell companies to open bank accounts used to receive fraud proceeds and then to launder those funds. The charges of conspiracy to commit bank fraud and bank fraud each carry a maximum penalty of 30 years in prison. The charges of conspiracy to commit wire fraud, wire fraud and conspiracy to commit money laundering each carry a maximum penalty of 20 years in prison. Benjamin and Lala are also charged with one count of aggravated identity theft, which carries a mandatory sentence of two years in prison.

The FBI investigated the case, with assistance from the U.S. Attorney’s Office for the Northern District of Illinois and former Assistant United States Attorney Jonathan Keim. Assistant United States Attorneys Edward J. Canter and Catherine L. Crosby are prosecuting the case.

 

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On November 17, 2020, a federal grand jury indicted Ohimai Asikhia, 36, of Glassboro, New Jersey, and Paulinus Ebhodaghe, 39, of Clementon, New Jersey with conspiracy to commit money laundering.  The indictment alleges that from June 2018 through November 2018, Asikhia and Ebhodaghe conspired to launder the proceeds of various fraud schemes, including business email compromise fraud schemes and online romance scams. If convicted Asikhia and Ebhodage face a maximum penalty 20 years in prison and a fine of $500,000 or both for conspiracy to commit money laundering. 

 

The FBI investigated the case, with assistance from the U.S. Attorney’s Office for the District of New Jersey and former Assistant United States Attorney Jonathan Keim. Assistant United States Attorney Edward J. Canter is prosecuting the case.

The charges contained in the indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

 

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The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

 

BIRMINGHAM, Ala. – U.S. Attorney Prim Escalona, Alabama Attorney General Steve Marshall, and U.S. Department of Health and Human Services -OIG Special Agent in Charge Derrick Jackson announced the sentencing today of a woman for her role in a scheme to defraud the Alabama Medicaid Agency of at least $1.5 million. Heidi Robertson, 35, was employed as the primary insurance biller at a Birmingham-area psychology clinic that billed the Medicaid Agency for counseling services that were never provided.

Robertson was sentenced to 18 months in prison and ordered to pay $850,000 in restitution by U.S. District Judge R. David Proctor after she pleaded guilty earlier this year to one count of conspiracy to commit healthcare fraud by filing false claims to the Alabama Medicaid Agency for individual and group counseling services for at-risk youth while she was employed at Capstone Medical Resources LLC.  The owner of the facility, former Birmingham psychologist Sharon D. Waltz, pleaded guilty in 2019 to defrauding Medicaid of at least $1.5 million. Waltz is scheduled to be sentenced by Judge Proctor on December 10.

An investigation was initiated by the Program Integrity Division of the Alabama Medicaid Agency after an audit showed that billings submitted by Capstone for counseling services had increased from $99,000 in 2015 to more than $2 million in 2017. The Program Integrity Division referred its findings to the Attorney General’s Medicaid Fraud Control Unit after Waltz submitted falsified records during the Program Integrity Audit.

A subsequent investigation was conducted by the Medicaid Fraud Control Unit and the U.S. Department of Health and Human Services Office of Inspector General. This investigation determined that most claims submitted by Capstone from 2016 to 2018 were fraudulent. Robertson’s role in the scheme included submitting claims using the Medicaid identifications of friends’ and family members’ children for counseling services that never took place. Waltz paid Robertson a 10 percent commission for all claims paid by Medicaid. Robertson was employed by Waltz from 2016 through late 2017.

“Robertson’s actions demonstrated reckless disregard for at-risk youth, and she will now face the consequences of those actions,” U.S. Attorney Prim F. Escalona said.  “Today’s sentence represents the relentless commitment by the U.S. Attorney’s Office and our law enforcement partners to protect the resources dedicated to the members of our community that are the most vulnerable, our children.”

Attorney General Marshall said, “It is appropriate that this defendant face stern consequences for engaging in an illegal and immoral scheme to profit at the expense of children in need by claiming payment for services that were never provided. As Attorney General, I stand committed with my federal counterparts to punish those who plunder the public treasury and betray the at-risk youth they were entrusted to serve.” 

“Today’s sentencing should serve as a reminder to everyone who transacts business with federal health care programs, including Medicaid, that those programs are protected by a dedicated team of investigators and prosecutors,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services.  “We will not tolerate fraudulent actors who illegally enrich themselves at the expense of patients and the American people.”

The U.S. Department of Health and Human Services OIG, the Alabama Attorney General’s Medicaid Fraud Control Unit and the Program Integrity Division of the Alabama Medicaid Agency investigated the case. Assistant U.S. Attorney J.B. Ward and Assistant Attorney General Bruce Lieberman, working as a Special Assistant U.S. Attorney, prosecuted.

HUNTSVILLE, Ala. – The former Chief Executive Officer of a U.S. government contractor was charged today in connection with schemes to defraud the U.S. Department of Defense regarding contracts related to U.S. military efforts in Afghanistan.

Acting Assistant Attorney General Brian Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Prim F. Escalona of the Northern District of Alabama, Special Inspector General John F. Sopko for Afghanistan Reconstruction, and Director Frank Robey of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit made the announcement.           

Paul Daigle, 40, was charged with conspiracy, four counts of wire fraud, and four counts of false claims in an indictment filed today in the Northern District of Alabama.  Daigle was the CEO of a company based in Huntsville, Alabama, which served as a subcontractor on U.S. Department of Defense aviation contracts related to the war in Afghanistan.

According to the indictment, between 2013 and 2017, Daigle allegedly engaged in two fraudulent schemes that resulted in the submission of false claims to the U.S. Government. The first scheme involved the use of unqualified employees for government contracts.  Daigle allegedly mapped employees to labor categories on government contracts for which the employees did not meet minimum qualifications, resulting in the government overpaying for unqualified labor.  To cover this up, Daigle allegedly directed employees to obtain false educational credentials and “fake degrees” from diploma mills on the internet. The second scheme involved alleged false billing, in which the government was charged for work unrelated to a government contract.

The Criminal Division’s Fraud Section is the nation’s leading prosecuting authority for complex procurement fraud and corruption cases.           

An indictment is merely an accusation.  The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.           

This investigation is being conducted by the Special Inspector General for Afghanistan Reconstruction and the U.S. Army Criminal Investigations Division – Major Procurement Fraud Unit. Trial Attorneys Michael P. McCarthy and Matthew Kahn of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Davis Barlow of the U.S. Attorney’s Office for the Northern District of Alabama are prosecuting the case.

 

 

The former chief executive officer of a U.S. government contractor was charged today in connection with schemes to defraud the U.S. Department of Defense regarding contracts related to U.S. military efforts in Afghanistan.

Acting Assistant Attorney General Brian Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Prim F. Escalona of the Northern District of Alabama, Special Inspector General John F. Sopko for Afghanistan Reconstruction, and Director Frank Robey of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit made the announcement.

Paul Daigle, 40, was charged with conspiracy, four counts of wire fraud, and four counts of false claims in an indictment filed today in the Northern District of Alabama.  Daigle was the CEO of a company based in Huntsville, Alabama, which served as a subcontractor on U.S. Department of Defense aviation contracts related to the war in Afghanistan.

According to the indictment, between 2013 and 2017, Daigle allegedly engaged in two fraudulent schemes that resulted in the submission of false claims to the U.S. Government. The first scheme involved the use of unqualified employees for government contracts.  Daigle allegedly mapped employees to labor categories on government contracts for which the employees did not meet minimum qualifications, resulting in the government overpaying for unqualified labor.  To cover this up, Daigle allegedly directed employees to obtain false educational credentials and “fake degrees” from diploma mills on the internet. The second scheme involved alleged false billing, in which the government was charged for work unrelated to a government contract.      

The Criminal Division’s Fraud Section is the nation’s leading prosecuting authority for complex procurement fraud and corruption cases.

An indictment is merely an accusation.  The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.           

This investigation is being conducted by the Special Inspector General for Afghanistan Reconstruction and the U.S. Army Criminal Investigations Division – Major Procurement Fraud Unit. Trial Attorneys Michael P. McCarthy and Matthew Kahn of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Davis Barlow of the U.S. Attorney’s Office for the Northern District of Alabama are prosecuting the case.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

BIRMINGHAM, Ala. – United States Attorney Prim F. Escalona and Drug Enforcement Administration Special Agent in Charge Brad L. Byerley, announce that NOLBERTO ORTEGA, 54, of Chicago, Illinois, was sentenced to 390 months in prison on October 28th for distribution of heroin, cocaine, methamphetamine, and fentanyl. U.S. District Judge Liles C. Burke imposed the sentence.

In August 2019, a federal grand jury charged ORTEGA in a multi-count indictment with leading a drug trafficking organization that transported heroin, cocaine, methamphetamine, and fentanyl from Mexico to Talladega, Alabama. The charges stemmed from an investigation led by the Drug Enforcement Administration and the Talladega County Drug Task Force in early 2019. Officers arrested ORTEGA in California after seizing a shipment of drugs in Talladega.

“This dealer went to extreme lengths to profit from this deadly poison with no regard to the devastation and destruction he left behind,” said U.S. Attorney Escalona.  “The lengthy sentence sends the message that drug trafficking in our communities will not be tolerated and will be severely punished.  The citizens of the Northern District of Alabama have one less drug dealer to worry about for years to come.”

“We will continue to attack the scourge of illegal and dangerous drug distribution in Alabama and beyond,” said Special Agent in Charge Byerley.  “The lengthy sentencing of this individual should be taken as a message to those who want to sell drugs.  We are going to catch you and put you in prison for a long time if you distribute this poison in our communities.”

DEA investigated the case, along with the Talladega County Drug Task Force.  Assistant United States Attorneys Blake Milner and Austin Shutt prosecuted the case.

According to the affidavit filed with the criminal complaint, Tang, 21, of Oakland, solicited a 12-year-old minor victim to create and send sexually explicit photos and videos of herself.  He then threatened to publicly post these images when the victim stopped responding to him.  Sison conspired with Tang by encouraging the victim to continue communicating with Tang after the victim blocked Tang’s communications. 

To date, the investigation has identified eight alleged minor victims who Tang solicited for sexually explicit photos and videos.  There are an additional 13 unidentified alleged minor victims.  When Tang approached them, the identified victims ranged in age from 11 to 14 years old and resided in Utah and four cities in California, including San Francisco, Concord, Livermore, and Chico.

Tang is charged with solicitation of child pornography, in violation of 18 U.S.C. § 2252A(a)(3)(B).  If convicted of that offense, he will face a statutory minimum sentence of 5 years in prison and a statutory maximum sentence of 20 years in prison.  Additionally, Tang and Sison are together charged with conspiracy to commit cyberstalking, in violation of 18 U.S.C. §§ 371 and 2261A(2)(B).  If convicted of that offense, they each will face a statutory maximum sentence of five years in prison.  However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Magistrate Judge Jacqueline Scott Corley remanded Tang into custody pending a detention hearing on November 10, 2020 at 10:30 a.m.  Sison was released on a $75,000 bond. His next scheduled appearance is on December 7, 2020, at 10:30 a.m., for a preliminary hearing.  

The charges contained in the criminal complaint are mere allegations.  As in any criminal case, the defendants are presumed innocent unless and until proven guilty in a court of law.

Special Assistant U.S. Attorney Christopher Vieira is prosecuting the case with the assistance of Alice Pai.  The prosecution is the result of an investigation by the San Francisco Police Department and the Department of Homeland Security.

BIRMINGHAM, Ala. – Federal prosecutors on Monday charged a Tennessee resident with video voyeurism, announced U.S. Attorney Prim F. Escalona and Tennessee Valley Authority Police and Emergency Management. 

A one-count Information filed in U.S. District Court charges Lance W. Woods, 56, of Cypress Inn, TN, with violating a voyeurism statute that prohibits capturing an image of a private area of an individual without their consent.  The incident occurred on April 29, 2019, at a Tennessee Valley Authority facility located in Colbert County, Alabama. 

The maximum penalty for video voyeurism is one year in prison. 

The Tennessee Valley Authority Police investigated the case.  Assistant United States Attorney Michael Pillsbury is prosecuting the case.

An information contains only charges.  A defendant is presumed innocent unless and until proven guilty.

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The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

A Hoover, Alabama, salesman was sentenced to 24 months in prison yesterday for tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Prim F. Escalona for the Northern District of Alabama.

According to court documents and statements made in court, Ivan Scott “Scott” Butler was an automobile industry consultant and sold automobile warranties as an independent salesman. In 1993, Butler stopped filing tax returns and attended tax defier meetings and purchased tax defier materials. Starting in 1998, Butler used several Nevada nominee corporations to receive his income and conceal it from the IRS. In or around 1999, Butler moved hundreds of thousands of dollars to bank accounts in Switzerland and hid his assets in offshore insurance policies held in the name of non-U.S. insurance providers, thus disguising his ownership of the funds. Such accounts, which generally are used as investment vehicles, are commonly known as “insurance wrappers.”

In 2014, Butler converted some of his insurance wrappers into precious metals, which were shipped to Butler and another individual in the United States. Some of those precious metals were given to friends and family for safekeeping. In total, Butler caused a tax loss to the IRS of $1,093,400.

On March 6, 2020, Butler pleaded guilty to tax evasion.

In addition to the term of imprisonment, U.S. District Judge Annemarie Carney Axon ordered Butler to serve three years of supervised release and to pay approximately $1,093,400 in restitution to the United States.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Prim F. Escalona commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorney Nanette Davis of the Tax Division and Assistant U.S. Attorneys Allison Garnett and Robin Mark, who prosecuted the case.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

BIRMINGHAM, Ala. – A federal grand jury today indicted two persons alleging they collected ransom money as part of a kidnapping conspiracy, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr., and U.S. Secret Service Special Agent in Charge Patrick Davis. 

A two-count indictment filed in U.S. District Court charges Matthew Amos Burke, 34, and Tabatha Nicole Hodges, 32, each with one count of conspiracy and one count of kidnapping.   

According to the indictment, on September 11, 2020, Burke and Hodges traveled to a residence in Jefferson County, Alabama and unlawfully entered an individual’s home.  They abducted him and transported him to a residence in Remlap, Alabama, in an effort to obtain ransom money in the amount of $250,000. A wire transfer in the amount of $250,000 was sent to a bank account belonging to Hodges.  After receiving the ransom money, Burke and Hodges transported the individual back to his residence and released him.  Burke told him that his family would be killed if he called the police about the kidnapping or the ransom.

The maximum penalty for conspiracy is five years in prison.  The maximum penalty for kidnapping is up to life in prison.

FBI and United States Secret Service investigated the case, along with Birmingham Police Department, and Mountain Brook Police Department. The case is being prosecuted by Assistant United States Attorney John G. Camp and Assistant United States Attorney William G. Simpson.

An indictment contains only charges.  A defendant is presumed innocent unless and until proven guilty.

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The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

BIRMINGHAM, Ala. – A Hoover salesman was sentenced to 24 months in prison today for tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Prim F. Escalona for the Northern District of Alabama.

According to court documents and statements made in court, Ivan Scott “Scott” Butler was an automobile industry consultant and sold automobile warranties as an independent salesman. In 1993, Butler stopped filing tax returns and attended tax defier meetings and purchased tax defier materials. Starting in 1998, Butler used several Nevada nominee corporations to receive his income and conceal it from the IRS. In or around 1999, Butler moved hundreds of thousands of dollars to bank accounts in Switzerland and hid his assets in offshore insurance policies held in the name of non-U.S. insurance providers, thus disguising his ownership of the funds. Such accounts, which generally are used as investment vehicles, are commonly known as “insurance wrappers.”

In 2014, Butler converted some of his insurance wrappers into precious metals, which were shipped to Butler and another individual in the United States. Some of those precious metals were given to friends and family for safekeeping. In total, Butler caused a tax loss to the IRS of $1,093,400.

On March 6, 2020, Butler pleaded guilty to tax evasion.

In addition to the term of imprisonment, U.S. District Judge Annemarie Carney Axon ordered Butler to serve three years of supervised release and to pay approximately $1,093,400 in restitution to the United States.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Prim F. Escalona commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorney Nanette Davis of the Tax Division and Assistant U.S. Attorneys Allison Garnett and Robin Mark, who prosecuted the case.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

BIRMINGHAM, Ala. – A federal judge today sentenced a Madison man for robbing a bank and possessing a firearm, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Johnnie Sharp, Jr.

U.S. District Judge Madeline H. Haikala sentenced Jose Guadalupe Pena, 22, to 96 months in prison on one-count of bank robbery and one-count of possession of a firearm in furtherance of a violent crime.  Pena pled guilty in June. 

“By possessing a gun during the robbery, Pena placed bank employees in grave danger,” USA Escalona said.  “Those inclined to put the value of a dollar over the value of someone’s safety should consider the consequences before committing the crime.”  

“Bank robberies are violent crimes that often can jeopardize the safety of bank employees, customers, and other members of the community,” FBI SAC Sharp said.  “Thanks to the great work of my agents and the Madison Police Department, Pena is off the street and paying the price for his crime.”

According to the plea agreement, on September 23, 2016, Pena robbed Eva Bank located in Madison, Alabama.  An employee of the bank was preparing to leave work for the day and saw Pena walking in front of the bank and looking inside.  Pena walked into the bank and told the teller that she could not leave.  Pena then approached another teller and demanded she give him all the money in her drawer. He showed both women a black semi-automatic handgun that he had tucked in the waistband of his pants.  Pena did not point the gun at either of them, but kept his hand on it.  At Pena’s command, the teller put approximately $2,467 in a grocery bag, to include bait money. 

FBI investigated the case along with the Madison Police Department.  Assistant U.S. Attorney Robert J. Becher, Sr. prosecuted the case. 

Birmingham, Ala. – United States Attorney Prim F. Escalona announced today that Assistant United States Attorney (AUSA) Jason R. Cheek will lead the efforts of her Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election.  AUSA Cheek has been appointed to serve as the District Election Officer (DEO) for the Northern District of Alabama, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.

“The right to vote is the cornerstone of our great democracy.  Every citizen must be able to vote without interference or discrimination, and the Department of Justice will always protect that right and act appropriately to protect the integrity of the election process,” U.S. Attorney Escalona said. “Ensuring free and fair elections depends in large part on the cooperation of the American electorate.  It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”

“The FBI is the primary investigative agency responsible for election-related crimes, like voter fraud and voter suppression,” said FBI SAC Johnnie Sharp, Jr.  “We will not tolerate criminal activity that threatens the sanctity of your vote or undermines public confidence in the outcome of the election.”

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).

The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Cheek will be on duty in this District while the polls are open.  He can be reached by the public at (205) 244-2001.

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.  The local FBI field office can be reached by the public at (205) 326-6166.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/

Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.

 

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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

Birmingham, Ala. – A federal jury today convicted a Birmingham man of being a felon in possession of a firearm, announced United States Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Acting Special Agent in Charge Toby Taylor.

The jury returned its guilty verdict against Terran Marteze Gilbert, 28, after two days of testimony before U.S. District Judge Liles C. Burke. 

“Felons who possess a firearm pose a threat to the safety and security of our community,” U.S. Attorney Escalona said. “We are committed to working with our federal, state and local law enforcement partners to find these criminals and prosecute them to the fullest extent of the law.  We especially want to thank the jurors for their time and service.”

Acting ATF Special Agent in Charge, Toby Taylor stated, “ATF is committed to enhancing a positive community environment combined with directed enforcement of the federal firearms laws as part of the Project Guardian initiative to reduce gun related crimes.”

Evidence at trial proved that on April 3, 2019, members of the United States Marshals Service-Gulf Coast Regional Task Force (GCRTF) went to Gilbert’s residence to execute an active felony warrant. Upon contact with Gilbert, GCRTF conducted a protective sweep of the residence and located a Colt .38 caliber revolver in plain view inside an open closet in the hallway area of the living room. Gilbert has prior felony convictions for Unlawful Possession of Marijuana, First Degree, Robbery, Third Degree, and Assault, First Degree.

Gilbert qualifies as an armed career criminal and faces a mandatory minimum sentence of 15 years in prison.

ATF investigated the case.  Assistant U.S. Attorneys Michael Royster and Kristy Peoples prosecuted the case.

A Birmingham, Alabama, tax return preparer pleaded guilty to aiding and assisting in the preparation of a false tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney for the Northern District of Alabama Prim F. Escalona.

According to documents and information provided to the court, Shuntan Rue owned and operated a tax return preparation business in the Birmingham, Alabama, area known as Rue Tax Service. Between 2013 and 2016, Rue prepared and filed false tax returns for her clients by claiming education credits and itemized deductions, among other items, to which her clients were not entitled. As a result of these false tax returns, Rue caused her clients to underpay their income taxes. In addition, Rue claimed similar false items on her own 2012 and 2013 federal income tax returns. Rue conduct caused a loss to the IRS of more than $250,000.

U.S. District Senior Judge Karon O. Bowdre scheduled sentencing for Feb. 3, 2021. Rue faces a statutory maximum sentence of three years in prison. She also faces a period of supervised release, restitution, and monetary penalties.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Escalona thanked special agents of IRS-Criminal Investigation, who conducted the investigation, Trial Attorneys Kevin Schneider, Jessica Kraft, and Michael Jones of the Tax Division, and Assistant U.S. Attorney Robert Posey, who are prosecuting the case.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

Birmingham, Ala. – U.S. Attorney Prim F. Escalona announces Operation Safe Families, a new initiative to fight domestic violence in the Northern District of Alabama. Through Operation Safe Families, the U.S. Attorney’s Office will work with federal, state, and local law enforcement to use federal firearm laws to combat domestic violence.  Additionally, the Office will work closely with partners in the community who are focused on prevention, education, and survivor support. Operation Safe Families is a partnership between the Bureau of Alcohol, Tobacco, Firearms and Explosives, Birmingham Police Department, Jefferson County Sheriff’s Office, Jefferson County District Attorney’s Office, One Place Family Justice Center, YWCA, Hispanic Interest Coalition of Alabama.

“Domestic violence tears at the fabric of our communities and affects every demographic of society,” U.S. Attorney Prim F. Escalona stated. “Through Operation Safe Families, we look forward to working with our local partners to combat domestic violence in the Northern District of Alabama.  Our top priority is to keep our communities safe by keeping guns out of the hands of domestic abusers.”

“Removing the criminal element that uses a firearm to facilitate violent crimes related to domestic violence is a priority of ATF,” ATF Acting Special Agent in Charge, Toby Taylor stated. “These focused investigations will have a lasting impact within our communities.”

Federal firearm laws prohibit gun possession for domestic abusers.  These firearm laws can be used to prosecute abusers – often without the testimony of victims, who may be hesitant to testify in a court proceeding against their abuser.  The pertinent federal laws that may relate to domestic violence crimes fall into two broad categories: 

• Crimes under the Gun Control Act, which prevents prohibited persons – including convicted felons, individuals previously convicted of misdemeanor domestic violence offenses, and individuals subject to certain protective orders—from possessing firearms, or from lying to firearms dealers about their status
• Crimes under the Violence Against Women Act, which prohibits interstate stalking, cyber stalking, and using interstate commerce to commit domestic violence or violate protective orders 

Beginning this month, Assistant U.S. Attorneys from the Northern District of Alabama along with agents from the ATF Birmingham Field Division will provide training to local District Attorney’s Offices and federal, state, and local law enforcement to assist those agencies in selecting cases involving domestic abusers that are appropriate for federal prosecution. 

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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

BIRMINGHAM, Ala. – A federal judge today sentenced a Tuscaloosa man for sexually exploiting two young children, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Johnnie Sharp, Jr.

Chief U.S. District Judge L. Scott Coogler sentenced MATTHEW MILLER, 32, to 7,200 months in prison for producing child pornography.  Miller was charged in a 20-count indictment for enticing two children under the age of 5 to engage in sexual explicit conduct for the purpose of producing a visual production of such conduct.   A search warrant was obtained for the defendant’s electronic devices.  The forensic examination of those devices revealed 102 pornographic images that the defendant had produced of the children. Miller pled guilty to these charges in October 2019.

“Child predators seek out and victimize those that are the most innocent and vulnerable - children,” Escalona said.  “The sentences imposed today and yesterday in local child exploitation cases reflect the commitment of law enforcement in this district to prosecuting to the fullest extent of the law those who commit crimes against children.”

“The crimes for which Miller has admitted guilt are not only disturbing, they are sickening, and his actions robbed these children of their childhood,” Sharp said.  “I am proud of the work of the FBI on this case, and I applaud the sentence handed down today, as Miller will spend the rest of his natural life behind prison bars.”

FBI Child Exploitation and Human Trafficking Task Force investigated the case, along with the Tuscaloosa County Sheriff’s Office Violent Crime Unit.   Assistant U.S. Attorney R. Leann White prosecuted the case.

Birmingham, Ala. – A federal today yesterday sentenced a former Vestavia Hills doctor to 30 years in prison for producing and possessing child pornography, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Johnnie Sharp, Jr.

U.S. District Judge Annemarie C. Axon sentenced RONALD TAI YOUNG MOON, JR., 56, of Vestavia Hills, Ala., who worked as a doctor at The Industrial Athlete clinic in Birmingham until his license was revoked earlier this year.  Moon went to trial in February, and after four days of testimony a jury convicted Moon of possessing, producing, and attempting to produce child pornography. 

Evidence at trial proved that between the mid-1990s and about 2012, Moon secretly recorded neighbors and guests in his own home, including girls as young as 12 years old.  Some of those individuals were filmed naked, dressing, and undressing.  The footage was located on VHS videotapes found in the defendant’s locked private office with other pornographic VHS tapes, steps away from a TV/VCR set that was working and plugged in.  Evidence of multiple hidden-camera devices was also found in the defendant’s office.

In addition to thirty years in prison, following his release from prison, Moon was ordered to serve 5 years of supervised release and, by law, will also be required to register as a sex offender.

“Unfortunately, this sentence will not undo the harm suffered by Moon’s victims,” Escalona said. “However, understanding that the consequences of this conduct is severe might discourage other sexual predators from victimizing innocent children in this district.”

“I am proud of the effort put forth by my agents in order to ensure this defendant was brought to justice and will no longer be able to harm children,” Sharp said.  “Moon serving the next 30 years in federal prison ensures there is one less predator victimizing the most innocent and vulnerable members of our community.”

Assistant U.S. Attorney John B. Ward and First Assistant U.S. Attorney Lloyd C. Peeples, III prosecuted the case for the United States.  The United States Attorney also thanks members of the Drug Enforcement Administration and the Department of Health and Human Services Office of Inspector General for their valuable assistance in this investigation.

BIRMINGHAM, Ala. – Seven individuals have been charged in the Northern District of Alabama with a $41 million health care fraud, drug distribution, and kickback conspiracy run out of Northern Alabama Pain Services (“NAPS”), a clinic owned and operated by the husband and wife. The announcements are part of a federal law enforcement effort to crack down on health care fraud nationwide.

U.S. Attorney Prim F. Escalona, FBI Special Agent in Charge Johnnie Sharp, Jr., Office of Inspector General of the U.S. Department of Health and Human Services Special Agent in Charge Derrick L. Jackson, Drug Enforcement Administration New Orleans Division Special Agent in Charge Brad L. Byerley, and IRS-Criminal Investigations Atlanta Field Division Special Agent in Charge James Dorsey made the announcement.

A 25-count indictment filed in U.S. District Court charges MARK MURPHY, 63, of Lewisburg, TN, and his wife JENNIFER MURPHY, 63, of Lewisburg, TN,  for conspiring to use their medical practice, NAPS, to unlawfully distribute and dispense controlled substances, and indeed used controlled substances to grow and maintain a large patient population in order to profit from medically unnecessary services that Mark Murphy would order for those patients. Mark Murphy, Jennifer Murphy, BRIAN BOWMAN, 39, of Attalla, Ala., CHRISTIE ROLLINS a/k/a Christie Schneid, 49, of Petersburg, TN, MARK MURPHY, JR., 33, of Lewisburg, TN and WILLIE FRANK MURPHY, 67, of Lewisburg, TN, also conspired to and engaged in a scheme to pay and receive kickbacks and to defraud health care benefit programs out of at least $41,000,000 in payments for items and services that were medically unnecessary and, in some cases not provided.   Such items and services included: (1) medical office visits, (2) durable medical equipment (“DME”), (3) urine drug screens (“UDS”), (4) high-reimbursing pharmaceuticals, and (5) nerve conduction studies. Finally, Jennifer Murphy used a purported charity to conceal receipt of illegal kickbacks and submitted false tax returns to conceal income received from the fraud.

A seventh co-conspirator, SHARON LUTRELL, 67, of Lewisburg, TN, who is also part of this conspiracy, has agreed to plead guilty to conspiracy to receive kickbacks.  Lutrell has been charged separately by Information.

The announcements are part of a nationwide federal law enforcement effort to combat illegal prescription and/or distribution of opioids or that fall into more traditional categories of health care fraud include charges and guilty pleas involving more than 240 defendants who allegedly participated in schemes to submit more than $800 million in false and fraudulent claims to Medicare, Medicaid, TRICARE, and private insurance companies for treatments that were medically unnecessary and often never provided.  According to court documents, in many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare.  Also included are charges against medical professionals and others involved in the distribution of more than 30 million doses of opioids and other prescription narcotics.

FBI, HHS-OIG, IRS and DEA investigated the case. Anthony J. Burba, Trial Attorney, DOJ Fraud Section and Assistant U.S. Attorney Chinelo Dike-Minor are prosecuting the case. 

An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.

 

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

BIRMINGHAM, Ala. – A Bessemer man pled guilty today to child pornography charges, announced U.S. Attorney Prim F. Escalona and U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent in Charge Robert Hammer.

MICHAEL LAWRENCE GARCIA-TORRES, 28, pled guilty before U.S. District Judge Annemarie C. Axon to one-count of transportation of child pornography and one-count of possession of child pornography.  According to the plea agreement, between September 2017 and February 2018, Garcia-Torres uploaded 405 images and 19 videos of child pornography to a Dropbox account. He also possessed 1,295 images and 85 videos of child pornography on his electronic devices. 

Garcia-Torres faces a maximum penalty of 20 years in prison, supervised release of at least five years and up to life, and a fine up to $250,000 on each count.  He will also be required to register as a sex offender. 

U.S. Immigration and Customs Enforcement Homeland Security Investigations investigated the case, along with the Alabama Law Enforcement Agency and Bessemer Police Department. Assistant U.S. Attorney R. Leann White is prosecuting the case.

HUNTSVILLE, Ala. – A federal judge today sentenced a Huntsville man on gun and drug charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Acting Special Agent in Charge Toby Taylor.

U.S. District Judge Annemarie C. Axon sentenced STEVEN LEWIS EMERY, 42, to 211 months in prison on two-counts of being a felon in possession of a firearm, one-count of possession of a firearm in furtherance of a drug crime, and one-count of possession with intent to distribute 50 grams or more of methamphetamine between January 2018 and July 2019. Emery pled guilty to these charges in March.

“We will not tolerate felons who possess guns and peddle drugs in our communities,” Escalona said.  “Lengthy sentences for those who threaten violence in our communities will have a lasting impact of public safety in Alabama.”

ATF Acting Special Agent in Charge, Toby Taylor remarked ” ATF’s Crime Gun Intelligence partnerships as part of Project Guardian focuses on the devastating impact of firearms violence and works with the entire community to provide a safe environment.”  

ATF and DEA investigated the case along with the Madison County Sheriff’s Department, and United States Marshal Service Gulf Coast Regional Fugitive Task Force.  Assistant U.S. Attorney Robert J. Becher, Sr. prosecuted the case.

BIRMINGHAM, Ala. - A federal grand jury today indicted a West Virginia man on multiple charges of child exploitation announced, U.S. Attorney Prim F. Escalona and U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent in Charge Robert Hammer.

A four-count indictment filed in U.S. District Court charges ANDREW DAVIS, 37, with traveling to engage in sexual conduct with a minor as well as child pornography and obscene material charges.  Davis is charged with one-count of travelling from West Virginia to Madison County, Alabama with the intent to engage in illicit sexual conduct, and one-count of production of child pornography between November 2019 and January 2020.  Davis is also charged with one-count of possessing child pornography in January 2020, and one-count of transferring obscene material to a minor between December 2019 and January 2020. 

Each count of production of child pornography and travel with intent to engage in illicit sexual conduct carries a maximum penalty of 30 years in prison.

Each count of possession of child pornography and transfer of obscene material to a minor carries a maximum penalty of 10 years in prison.

Homeland Security Investigations in Huntsville investigated the case, along with Huntsville Police Department, and the Madison County Sheriff’s Office.  Assistant U.S. Attorney R. Leann White is prosecuting the case.

An indictment contains only charges.  A defendant is presumed innocent unless and until proven guilty.

BIRMINGHAM, Ala. – A federal grand jury today indicted 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 Toby Taylor.

A one-count indictment filed in U.S. District Court charges Larry Dewayne Gaither, 43, with being a felon in possession of a firearm. 

According to the indictment, Gaither is prohibited from having a firearm because of prior felony convictions and is accused of unlawfully possessing an American Tactical .223 and 103 rounds of Wolf Performance .223 caliber ammunition in January 2020. 

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Bureau of Alcohol, Tobacco, Explosives and Firearms. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.      

The maximum penalty for being a felon in possession of a firearm is 10 years in prison and a $250,000 fine.

ATF investigated the case.  Assistant U.S. Attorney Kristy Peoples is prosecuting.

An indictment contains only charges.  A defendant is presumed innocent unless and until proven guilty.

BIRMINGHAM, Ala. – A federal judge today sentenced Birmingham woman on charges of conspiracy to commit mail and wire fraud and intimidating a witness, announced U.S. Attorney Prim F. Escalona and IRS-Criminal Investigations Atlanta Field Division Special Agent in Charge James Dorsey.

U.S. District Judge R. David Proctor sentenced Quincetta Yvonne Cargill, 48, to 15 years in prison for her conspiracy to commit mail and wire fraud and intimidating a witness.  Cargill was also ordered to pay $1,096,668.68 in restitution.  Cargill was convicted of these charges in February.  Cargill represented herself, and also took the stand to testify. 

“There is zero tolerance for those who commit identity theft and fraud for their own greed,” Escalona said.  “Cargill’s actions were met today with just punishment.”

“Today’s sentencing of Cargill highlights how seriously IRS Criminal Investigation and the United States Attorney’s Office take the issue of identity theft,” said James E. Dorsey, Special Agent in Charge IRS Criminal Investigation Atlanta Field Office. “We will continue to pursue criminals who prey on innocent victims and we will continue to enforce our nation’s tax laws.  Today’s sentencings should send a clear message to would-be criminals, you will be caught and you will be punished.”

Evidence at trial, including witness testimony, bank records, and IRS tax returns, proved that Cargill obtained the names, dates of birth, and social security numbers of individuals, told them she was submitting their information for a federal grant program, and instead caused fraudulent tax returns to be filed with their information. Cargill then directed others to open bank accounts, and used her own bank accounts, to receive tax refund checks from those fraudulently filed returns. In total, Cargill and her co-conspirators obtained more that $1 million from refunds from fraudulent tax returns.  Evidence at trial also proved that Cargill attempted to intimidate a witness in her case by sending information about the witness and their potential testimony to members of a motorcycle club, in order to influence or prevent that witness from testifying at trial.

IRS-CID investigated the case.  Assistant U.S. Attorney Allison Garnett and Blake Milner prosecuted the case.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

BIRMINGHAM, Ala. – U.S. Attorney Prim F. Escalona announced that the Alabaster City Schools’ Board of Education received $374,883.00 from the Department of Justice’s Office of Community Oriented Policing Services (COPS Office) School Violence Prevention Program (SVPP). Nationally, the COPS Office SVPP awarded nearly $50 million in school safety funding. SVPP provides up to 75% funding for school safety measures in and around primary and secondary schools and school grounds. 

          “I am pleased to announce that the COPS Office has awarded this grant to the Alabaster City Schools’ Board of Education this year,” Escalona said.  “The safety of our students is a top priority and this grant will enhance school safety for these students. While there have been some unique challenges to this school year, our commitment to ensuring students are safe when attending school is the same.” 

“With the new school year underway, the safety of our nation’s students remains paramount,” said COPS Office Director Phil Keith.  “Although this school year may look different at the start, now is the ideal time to make preparations to enhance school safety for when all of our children are back in the classroom.”   

The Students, Teachers, and Officers Preventing School Violence Act of 2018 (STOP School Violence Act of 2018) gave the COPS Office authority to provide awards directly to states, units of local government, Indian tribes, and public agencies (such as school districts and law enforcement agencies) to improve security at schools and on school grounds in the jurisdiction of the grantee through evidence-based school safety programs.  The award announced today can be used for coordination with law enforcement; training for local law enforcement officers to prevent student violence; metal detectors, locks, lighting, and other deterrent measures; technology for expedited notification of local law enforcement during an emergency; and other measures that provide a significant improvement in security.  The full list of SVPP awards can be found here: https://cops.usdoj.gov/pdf/2020AwardDocs/svpp/Award_List.pdf.

            In addition to the school safety grants announced today, the COPS Office School Safety Working Group, which is composed of representatives from eight national law enforcement organizations, has identified 10 essential actions that can be taken by schools, school districts, and law enforcement agencies to help prevent critical incidents involving the loss of life or injuries in our nation's schools and to respond rapidly and effectively when incidents do occur. The Ten Essential Actions to Improve School Safety are applicable to school shootings as well as to other areas of school safety, including natural disasters and traumatic events such as student suicide. Adopting policies and practices based on the recommendations in this publication can help make school communities safer and save lives.

 

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The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide.  Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of more than 134,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. 

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

BIRMINGHAM, Ala. – A federal judge today sentenced a Fultondale doctor to six years in prison for prescribing controlled substances without a legitimate medical purpose and engaging in health care fraud, announced U.S. Attorney Prim F. Escalona, DEA Assistant Special Agent in Charge Clay Morris, and FBI Special Agent in Charge Johnnie Sharp, Jr. 

U.S. District Judge Annemarie C. Axon sentenced PAUL ROBERTS, M.D., 48, of Fultondale, Ala., a physician and former co-owner of Southeast Urgent Care (“SEUC”) in Fultondale,  following a guilty plea he entered to 16 counts stemming from a June 2019 Second Superseding Indictment.   Roberts pled guilty to 12 counts of prescribing controlled substances without a legitimate medical purpose, including allowing unqualified staff such as an X-ray technician, to prescribe controlled substances to patients using prescriptions that Roberts pre-signed.  He also prescribed controlled substances to two women, in exchange for, or in an attempt to obtain sexual favors from them.  Roberts also pled guilty to a conspiracy and scheme to fraudulently bill Blue Cross Blue Shield for office visits.  In addition, he pled guilty to a conspiracy and scheme to fraudulently bill health insurance companies for up to $2.2 million worth of medically unnecessary compounded drugs in exchange for kickbacks.  Roberts was also ordered to pay restitution of $2.2 million, a fine of $100,000, and 12 years of supervision following his release from prison. The U.S. Marshals took Roberts into custody at sentencing.  As part of the plea agreement, Roberts agreed to relinquish all his medical licenses, including his Alabama medical license. 

In a related case, STANLEY REEVES, 62, of Demopolis, Ala., a pharmacist and owner of F&F Drugs in Demopolis, was sentenced to 38 months for one count of conspiring to fraudulent bill health insurance companies for $10.5 million worth of medically unnecessary compounded drugs.  Of the $10.5 million, $2.2 million was for compounded drugs prescribed by Roberts.  Reeves was also ordered to pay restitution of $10.5 million, pay forfeiture of $900,000, and a fine of $100,000.  Reeves paid $400,000 of those amounts at sentencing.  As part of the plea agreement, Reeves agreed to surrender his pharmacist license to the Alabama Board of Pharmacy. 

“In blatant disregard for the law, these defendants chose greed over patients’ welfare,” said U.S. Attorney Prim Escalona.  “This kind of criminal conduct endangers lives in our communities and impacts healthcare costs, and we will continue to prioritize these cases.”

“DEA is committed to bringing to justice those who engage in the dispensing of prescription drugs outside the course of a legitimate medical purpose,” Morris said. “The sentences handed down are a direct result of the hard work put forth by all law enforcement agencies involved.  Today justice has been served.”

“Today’s sentence sends a message to all those in the medical field that neither their medical license nor their white lab coats will protect them from the consequences of illegal drug distribution and medical fraud,” Sharp said.  “Roberts and Reeves violated both our laws and their solemn oaths as medical professionals and they will now pay for those violations. It is sad to know that while many individuals continue to struggle with serious opiate addiction, this case reveals that such powerful narcotics can sometimes become available for abuse because of the illegal actions of those in the medical community.”

BRETT TAFT, 46, of Tuscaloosa, Ala., is listed as a co-defendant in the compounding drug health care fraud conspiracy and scheme described in the June 2019 Second Superseding Indictment.  A trial date has not yet been set.

FBI and DEA investigated the cases. Assistant U.S. Attorneys Chinelo Dike-Minor, Austin Shutt, Kristen Osborne, and Lloyd C. Peeples are prosecuting the case.

BIRMINGHAM, Ala. – A federal judge today sentenced a Tuscaloosa resident and six-time convicted felon to prison for possessing a pistol during a 2018 shooting at an intersection on Skyland Boulevard in Tuscaloosa, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Acting Special Agent in Charge Toby Taylor.

Chief U.S. District Judge L. Scott Coogler sentenced LARRY LEON BRYANT, 34, to 262 months in prison on one-count of being a felon in possession of a firearm under the Armed Career Criminal Act.  A jury convicted Bryant after a two-day trial in October of 2019. 

“Bryant’s lengthy sentence was driven by his extensive criminal history that included multiple drug distribution convictions,” Escalona said.  “We continue to focus our prosecutions on felons who arm themselves, especially those who use firearms to continue their criminal activity.”

“Removing the criminal element that uses a firearm to facilitate violent crimes is a priority of ATF,” ATF Acting Special Agent in Charge, Toby Taylor said. “This focused investigation of an individual with an extensive criminal history will have a lasting impact within this community.”

On December 13, 2018, Bryant’s SUV was stolen from his driveway.  Later that day, Bryant and his brother located the SUV on East Skyland Boulevard.  Bryant stopped behind the SUV at a red light, and Bryant’s brother pulled in front of the SUV.  Traffic camera video showed that the brother fired a shot into the windshield and then met Bryant at the driver’s side door.  Shots were then fired into the driver’s side of the SUV.

Tuscaloosa police arrested both men at the scene and collected two pistols.  A subsequent examination of the SUV, the pistols, and expended bullets and shell casings determined that multiple pistols had been fired with rounds entering not only through the windshield but also through the driver’s window and the rear tailgate doors.  The driver of the SUV, a juvenile, was struck in the head but survived. 

ATF investigated the case along with the Tuscaloosa Violent Crimes Unit.  Assistant U.S. Attorneys Alan Baty and Brittney Bucak prosecuted the case.

Birmingham, Ala. – A federal jury today convicted two individuals for conspiracy to distribute and possess with intent to distribute methamphetamine and heroin, announced U.S. Attorney Prim Escalona, Homeland Security Investigations Special Agent in Charge Robert Hammer, and Secretary of the Alabama Law Enforcement Agency Hal Taylor.

The jury returned its guilty verdict against Isiah Thomas, 36, of Bessemer and Tavara Gissendanner, 36, of Newville after three days of testimony before Chief U.S. District Judge L. Scott Coogler. 

“This verdict serves as notice to every individual involved in illegal narcotics distribution,” Escalona said.  “My office remains committed to working with our law enforcement partners to bring to justice those who deal this deadly poison in our communities.”

“The success of this multi-faceted investigation would not have been possible without our ALEA partners and the assistance of the Alabama DOC,” Homeland Security Investigations Special Agent in Charge Robert Hammer.  “Law enforcement partnerships at the federal, state, and local levels are key to ensuring public safety.  We are extremely proud to have been a part of the team of law enforcement professionals that brought these individuals to justice.”

Secretary of the Alabama Law Enforcement Agency Hal Taylor said, “This conviction demonstrates our continued determination and dedication to completely eliminate and end this horrible epidemic caused by drug trackers; that not only faces our state but the entire nation. The Alabama Law Enforcement Agency is fully committed to our partnership with federal and local law enforcement agencies to ensure the safety of all Alabama citizens.”

Evidence at trial proved that in early 2019 Gissendanner directed a network of associates in trafficking quantities of narcotics – including heroin, methamphetamine, and fentanyl – and money across the state.  Gissendanner orchestrated the drug trafficking while in Alabama Department of Corrections custody, in part through the use of contraband cellular phones he obtained in prison.  One of his associates, Thomas, was arrested in April 2019 when he received a shipment of two kilograms of heroin and a drug press orchestrated by Gissendanner.  Investigators intercepted the shipment before it was delivered to Thomas and substituted the actual heroin with mock narcotics in similar packaging.  The intercepted heroin was worth an estimated $150,000.  Additional seizures in the case included quantities of methamphetamine, cocaine, heroin-fentanyl mixtures, and cash. 

The maximum penalty for conspiracy to possess with intent to distribute and distribution of over one kilogram or more of heroin is life in prison. 

The investigation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.

Homeland Security Investigations and the Alabama Law Enforcement Agency investigated the case with the assistance of the Alabama Department of Corrections.  Assistant U.S. Attorneys Austin Shutt and Allison Garnett prosecuted the case.

BIRMINGHAM, Ala. – A twenty-eight-count indictment filed today in U.S. District Court charges a Birmingham man with conspiracy and other fraud charges related to his purchase, manufacture, and distribution of drug products that had never been reviewed or approved by the FDA, but that he claimed were effective cancer treatments, announced U.S. Attorney Prim F. Escalona and FDA Office of Criminal Investigations, Miami Field Office Special Agent in Charge Justin C. Fielder.

PATRICK CHARLES BISHOP, 54, is charged with conspiracy, fraudulently introducing adulterated drugs into interstate commerce, and fraudulently introducing misbranded drugs into interstate commerce.  Bishop is also charged with fraudulently obtaining pre-retail medical products, creating false documentation for those products, and knowingly possessing and trafficking in pre-retail medical products that he obtained by fraud. 

The charges in the indictment center on Bishop’s purchase, manufacture, labeling, marketing, sale, and distribution of drug products purportedly containing a peptide called PNC-27.  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 on human beings to determine its efficacy, safety, or potential risks or side effects. 

“The public must have confidence that the products they are receiving are safe and properly labeled,” Escalona said.  “The U.S. Attorney’s Office will continue to investigate and prosecute those who jeopardize the health and safety of the public.”

 “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.”

The indictment alleges that Bishop obtained the peptide from GL Biochem, a manufacturer based in China.  He paid the manufacturer more than $600,000 in 2015 and 2016 for peptide product he received.  According to the indictment, Bishop repeatedly assured that manufacturer that he would use the peptide solely for laboratory research purposes.  In fact, he and others used the peptide to make homemade suppositories in his kitchen in Birmingham, and at a warehouse he rented in Pelham.  The facilities were not sterile, and did not comply with current good manufacturing practices.  Customers who purchased suppositories from Bishop reported finding pieces of hair in their suppository packs.

According to the indictment, Bishop and others marketed the PNC-27 drug products to alternative-medicine doctors, cancer patients, and others as an effective treatment for cancer.  Bishop sold PNC-27 drug products to Hope4Cancer, a holistic cancer treatment center with clinics in Mexico.  Bishop would ship the products to a location in California, and Hope4Cancer would use the products to treat patients at its Mexico clinics.  Bishop also sold PNC-27 drug products to patients and others in the United States, and shipped those products directly to locations in the United States and elsewhere. 

The indictment alleges that Bishop and others 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 GL Biochem, and he used the 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 made false representations to FDA personnel and others to the same effect.

The maximum punishment for conspiracy is five years in prison and a $250,000 fine.  The maximum punishment for the adulteration and misbranding charges is three years’ imprisonment for each count and a $250,000 fine.  The maximum punishment for each count of pre-retail medical product fraud is fifteen years’ imprisonment and a $250,000 fine.

The FDA investigated the case, which Assistant U.S. Attorney J.B. Ward is prosecuting. 

An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.

BIRMINGHAM, Ala. – U.S. District Court Judge R. David Proctor on Tuesday sentenced a Birmingham doctor to 30 years in prison for his involvement with Care Complete Medical Clinic, located in Birmingham, AL and today sentenced two of Ifediba’s co-conspirators, announced U.S. Attorney Prim F. Escalona, FBI Special Agent in Charge Johnnie Sharp, Jr., and Drug Enforcement Administration Assistant Special Agent in Charge Clay Morris.

PATRICK EMEKA IFEDIBA, 61, of Shelby County, was convicted in July 2019 on thirty-five counts involving unlawful drug distribution, health care fraud, and money laundering. In addition to Ifediba’s prison sentence, Judge Proctor ordered forfeiture of his interest in real estate and the contents of several annuities and financial accounts, collectively worth approximately $2.5 million. The Court also entered forfeiture money judgments against Ifediba in the amounts of $2,481,665.73 (representing the proceeds of health care-fraud offenses) and $1,132,817.50 (representing the proceeds of controlled-substances offenses). Forfeiture proceedings concerning the financial-account contents and real estate are ongoing in order to account for the rights of any third-party claimants to the properties forfeited.

NGOZI JUSTINA OZULIGBO, 50, of Trussville, was convicted in July 2019 on twelve counts of health care fraud and money laundering. The jury determined that she had, among other things, conspired with Ifediba to both fraudulently bill Medicare and various health-insurance companies for allergy related tests and treatments and launder the proceeds of his unlawful activities. Ozuligbo was sentenced to 36 months in prison, and ordered to pay $392,845.94 in restitution.

CLEMENT ESSIEN EBIO, 63, of Hoover, pleaded guilty in August 2018 to conspiring with Ifediba and Ozuligbo to commit health care fraud. Ebio was sentenced to 30 months in prison, ordered to pay $392,845.94 in restitution, and a forfeiture money judgment was entered against him in the same amount.

“Physicians who choose to deal drugs while hiding behind their white coats are no different than drug dealers who hide in alleys,” Escalona said. “The greed of Dr. Ifediba contributed to the ongoing opioid crisis that is plaguing our communities. And to add insult to injury, Dr. Ifediba used our financial system to disguise the proceeds of his crimes and launder them into financial accounts and real property.  Each day, more law-enforcement resources are being deployed to address health care fraud. These resources will result in more doctors, nurses, and business people in the health care sector being held accountable for their actions.”

“Ifediba intentionally fueled the local opioid epidemic by over prescribing addictive medications to patients for his own personal gain,” Sharp said.  “The message should be clear, any doctor or healthcare professional who prioritizes profit or does harm to their patients under the guise of providing health care will be subject to the full investigative resources of the FBI and our law enforcement partners.”

“As proven at trial, Ifediba cared more about greed, lining his bank account with millions of dollars, and spreading opioid addiction than he cared about his Hippocratic oath,” Morris said. “Time and time again, Ifediba handed out prescriptions for highly addictive opioids without regard to life or the well-being of those struggling with addiction. The Ifedibas cared not about their patients or communities but only about their personal wealth. Today’s sentence is a stark reminder that even drug dealers who wear white coats are not above justice.”

According to evidence at trial, Ifediba was a doctor of internal medicine who owned and operated Care Complete Medical Clinic (“CCMC”). Ifediba and others, including his wife, operated CCMC as a pill mill, and illegally, repeatedly prescribed opioids there, often in combination with other controlled substances to form potent and deadly drug cocktails. In addition to operating the pill mill, Ifediba, in a conspiracy with Ebio and Ozuligbo, cheated and stole millions of dollars from Medicare and private health insurers in connection with an allergy fraud scheme that billed insurers for medically unnecessary allergy tests and allergen immunotherapy. Ifediba, with assistance from Ozuligbo and others, laundered the money he made from these crimes through over 50 bank accounts and shell corporations to hide the money and to purchase real estate and fund investment accounts that he controlled.

The FBI and DEA investigated the case as part of an Organized Crime Drug Enforcement Task Force operation.  The DEA was assisted by the Fairfield Police Department, the State of Alabama Law Enforcement Agency, the Prattville Police Department, and the Lawrence County Sheriff’s Office.  Assistant U.S. Attorneys Mohammad Khatib and Austin Shutt, and former Assistant U.S. Attorney Jim Weil prosecuted the case.

 

 

 

 

 

BIRMINGHAM, Ala. – Adrian L. Stargell, 39, a former Bureau of Prisons (BOP) Corrections Officer who worked as an Education Specialist at the FCI-Aliceville facility in Aliceville, Alabama, was sentenced today in federal court in Tuscaloosa, Alabama to 42 months in prison and three years of supervised release.

Stargell previously pleaded guilty to two counts of violating the rights of two women whom he sexually assaulted on multiple occasions and one count of making false statements to federal agents from the U.S. Department of Justice Office of the Inspector General (OIG).

“The Department of Justice will not tolerate corrections officers who sexually assault individuals whom they are otherwise supposed to protect and keep safe,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to vigorously prosecute these cases and secure justice for victims of these egregious crimes.” 

“Today justice was served for the victims of these egregious crimes,” said U.S. Attorney Prim Escalona of the Northern District of Alabama. “We will continue to aggressively prosecute those who abuse authority and prey on vulnerable people in their care.”

“Stargell abused his power, sexually assaulted two inmates, and lied to try to cover up his actions. Today, justice is served. He will rightly serve time for his egregious actions,” said James F. Boyersmith, Special Agent in Charge of the OIG Miami Field Office.

According to court documents, during 2017 and 2018, while on-duty as an Education Specialist, Stargell sexually assaulted two women who were incarcerated at FCI-Aliceville.  Stargell admitted that he knew what he was doing was wrong and against the law, yet he did it anyway. When OIG agents interviewed Stargell about the allegations of sexual misconduct, Stargell lied by falsely denying having any sexual contact with the victims.

This case was investigated by the Department of Justice OIG Miami Field Office. Assistant U.S. Attorney Robert Posey 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 prosecuted the case.

Adrian L. Stargell, 39, a former Bureau of Prisons (BOP) Corrections Officer who worked as an Education Specialist at the FCI-Aliceville facility in Aliceville, Alabama, was sentenced today in federal court in Tuscaloosa, Alabama to 42 months in prison and three years supervised release.

Stargell previously pleaded guilty to two counts of violating the rights of two women whom he sexually assaulted on multiple occasions and one count of making false statements to federal agents from the U.S. Department of Justice Office of the Inspector General (OIG).

“The Department of Justice will not tolerate corrections officers who sexually assault individuals whom they are otherwise supposed to protect and keep safe,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to vigorously prosecute these cases and secure justice for victims of these egregious crimes.” 

“Today justice was served for the victims of these egregious crimes,” said Interim U.S. Attorney Prim Escalona of the Northern District of Alabama. “We will continue to aggressively prosecute those who abuse authority and prey on vulnerable people in their care.”

“Stargell abused his power, sexually assaulted two inmates, and lied to try to cover up his actions. Today, justice is served. He will rightly serve time for his egregious actions,” said James F. Boyersmith, Special Agent in Charge of the OIG Miami Field Office.

According to court documents, during 2017 and 2018, while on-duty as an Education Specialist, Stargell sexually assaulted two women who were incarcerated at FCI-Aliceville.  Stargell admitted that he knew what he was doing was wrong and against the law, yet he did it anyway. When OIG agents interviewed Stargell about the allegations of sexual misconduct, Stargell lied by falsely denying having any sexual contact with the victims.

This case was investigated by the Department of Justice OIG Miami Field Office. Assistant U.S. Attorney Robert Posey 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 prosecuted the case.

BIRMINGHAM, Ala. – Federal agents yesterday arrested two individuals charged with distributing fentanyl that resulted in death and serious bodily injury, announced U.S. Attorney Prim Escalona and Drug Enforcement Administration Assistant Special Agent in Charge Clay Morris.

A three-count indictment filed in U.S. District Court charges Anthony Shawn Clark, 33, Huntsville, and Tamara Denise Moore, 23, Huntsville, with distributing fentanyl and  also with conspiracy to distribute and possess with the intent to distribute fentanyl.  The grand jury returned the indictment against Clark and Moore in July. 

According to the indictment, from May 2019 through May 2020, Clark and Moore engaged in a conspiracy to distribute controlled substances, specifically fentanyl. On June 2, 2019 in Madison County, Clark distributed fentanyl which resulted in the death of an individual from the use of the drug.  On May 20, 2020, Clark and Moore distributed fentanyl that caused serious bodily injury to an individual from the use of the drug.

The maximum penalty for conspiracy to distribute and possess with the intent to distribute a controlled substance is 20 years in prison.

The penalty for distributing a controlled substance that results in death or serious bodily injury is 20 years to life in prison and a maximum $1 million fine.

DEA investigated the case, along with Madison Police Department and Huntsville-Madison County STAC. Assistant U.S. Attorney Robert J. Becher Sr. is prosecuting the case.

An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.

HUNTSVILLE, Ala. – A Georgia man pled guilty today to traveling to Alabama with intent to engage in illicit sexual contact with a minor, announced U.S. Attorney Prim F. Escalona and U.S. Immigration and Custom Enforcement’s Homeland Security Investigations Assistant Special Agent in Charge for Alabama James G. Hernandez. 

William Park Winston, 35, pled guilty before U.S. District Judge Liles C. Burke to one-count of travelling with the intent to engage in illicit sexual contact. According to court documents, the defendant drove from Georgia to Alabama for the purpose of engaging in illicit sexual conduct with a 15 year old girl.  He reserved an Airbnb in Huntsville and arranged for an Uber to transport the girl from her residence to him.  The Uber driver became concerned for the minor and called 911. 

U.S. Immigration and Custom Enforcement’s Homeland Security Investigations investigated the case, along with Huntsville Police Department.  Assistant United States Attorney R. Leann White and Mary Stuart Burrell are prosecuting the case.

BIRMINGHAM, Ala. – A federal grand jury returned an indictment last week charging a Birmingham man with fraud on customers of the U.S. Postal Service, and fraud on the memorial fund set up to provide aid to 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.

A four-count indictment filed in U.S. District Court charges DEVONTE LEMOND HAMMONDS, 27, with one count of access device fraud and three counts of wire fraud.  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 last year.  After Officer Clardy’s death, a memorial fund was established to collect contributions and provide aid to his family members.  According to the indictment, 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 devised a scheme to defraud customers of the U.S. Postal Service.  According to the indictment, Hammonds used the U.S. Postal Service website to reroute mail from numerous U.S. Postal Service customers to addresses in Birmingham that he could access, used the rerouted mail to obtain personal identifying information of those customers, and used that information to pay bills, make purchases, and open new accounts.  

The maximum punishment for access device fraud is ten years in prison and a $250,000 fine.  The maximum punishment for wire fraud affecting a financial institution is thirty years in prison and a $250,000 fine. 

The FBI and USPIS investigated the case, which Assistant U.S. Attorneys J.B. Ward and Michael Pillsbury are prosecuting. 

An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.

BIRMINGHAM, Ala. – A Mobile-area Alabama doctor was indicted on Tuesday in a long-running investigation into a prescription drug-billing scheme involving a Haleyville, Ala.-based pharmacy, Northside Pharmacy doing business as Global Compounding Pharmacy.  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, United States Postal Inspector in Charge, Houston Division Adrian Gonzalez, and Internal Revenue Service-Criminal Investigation Special Agent in Charge James E. Dorsey announced the charges. 

An 11-count indictment charges Dr. Michelle Martine Jackson, 53, of Fairhope, Alabama, with a conspiracy to receive kickbacks, a conspiracy to commit health care fraud and mail fraud, health care fraud, and aggravated identity theft.  According to the indictment, Dr. Jackson, who worked out of two clinics in Mobile, Alabama, received kickbacks in exchange for issuing medically unnecessary compounded drug and other prescriptions to be filled by Global Compounding Pharmacy.  Dr. Jackson issued medically unnecessary prescriptions to a Global employee Bonita Amonett, and her family and friends, to individuals with whom Jackson did not have a doctor-patient relationship, and to individuals with whom she had a doctor-patient relationship, but who did not need the drugs in question.   Ms. Amonett paid the kickbacks in the form of cash and free offices services to Dr. Jackson and a nurse practitioner, Brandy Lunsford.  According to court documents, both Ms. Amonett and Ms. Lunsford previously entered guilty pleas to paying and receiving kickbacks and health care fraud. 

Dr. Jackson’s indictment brings the total number of individuals who have been charged in this long-running investigation to 30, 24 of whom have previously entered guilty pleas.  Those who have previously pled guilty include two nurse practitioners and various Global employees, including its CEO, COO, a vice president of sales, an operations manager, a district manager, and multiple sales representatives. 

The maximum punishment for the 18 U.S.C. § 371 kickback conspiracy is 5 years in prison and a $250,000 fine.  The maximum punishment for the 18 U.S.C. § 1349 health care and mail fraud conspiracy charge is 20 years in prison and a $250,000 fine. The maximum penalty for health care fraud is 10 years in prison and a $250,000 fine.  The minimum and maximum penalty for the 18 U.S.C. § 1028A aggravated identity theft charge is 2 years in prison and a $250,000 fine. 

The FBI, HHS-OIG, DCIS, USPIS, IRS-CI, and a United States Attorney’s Office investigator investigated the cases, which Assistant U.S. Attorneys Chinelo Dike-Minor, Don Long, and Edward Canter are prosecuting.  The Veteran Affairs Office of Inspector General Criminal Investigations Division provided assistance in the investigation.

An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.

 

BIRMINGHAM, Ala. – A federal grand jury on Tuesday returned a superseding indictment against a Tuscaloosa County man for trafficking methamphetamine, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Acting Special Agent in Charge Frank Haera.

A superseding indictment filed in U.S. District Court charges Kendrell Emons Mills, 38, Cottondale, with possessing with the intent to distribute methamphetamine on three occasions between March and April 2019.  Two counts charge Mills with distributing 5 grams or more of methamphetamine, and one count charges him with possessing with the intent to distribute 50 grams or more of methamphetamine. 

Due to prior convictions for drug distribution, Mills faces a sentence of a mandatory minimum of 25 years to life in a federal prison for the most serious drug trafficking charge.

ATF investigated the case, along with the West Alabama Narcotics Task Force.  Assistant U.S. Attorney Alan Baty is prosecuting the case. 

An indictment contains only charges.  A defendant is presumed innocent unless and until proven guilty.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

BIRMINGHAM, Ala. — A former Birmingham area psychology clinic that defrauded the Alabama Medicaid Agency of at least $1.5 million by billing for counseling services that were never provided pled guilty today, announced U.S. Attorney Prim Escalona, Alabama Attorney General Steve Marshall and U.S. Department of Health and Human Services -OIG Special Agent in Charge Derrick Jackson.

Heidi Robertson, 35, pleaded guilty to one count of conspiracy to commit healthcare fraud for her role in filing false claims to the Alabama Medicaid Agency for individual and group counseling services for at-risk youth while she was employed as the primary insurance biller for Capstone Medical Resources, LLC.  The owner of the facility, former Birmingham psychologist Sharon D. Waltz, pleaded guilty in 2019 to defrauding Medicaid of at least $1.5 million.

An investigation was initiated by the Program Integrity Division of the Alabama Medicaid Agency after an audit showed that billings submitted by Capstone for counseling services had increased from $99,000 in 2015 to more than $2 million in 2017. The Program Integrity Division referred its findings to the Attorney General’s Medicaid Fraud Control Unit after Waltz submitted falsified records during the Program Integrity Audit.

A subsequent investigation was conducted by the Medicaid Fraud Control Unit and the Office of Investigations of the U.S. Department of Health and Human Services Office of Inspector General. This investigation determined that the majority of claims submitted by Capstone during 2016 through 2018 were fraudulent. Robertson’s role in the scheme included submitting claims using the Medicaid identifications of the children of friends and family members for counseling services that never took place. Waltz paid Robertson a 10 percent commission for all claims paid by Medicaid. Robertson was employed by Waltz from 2016 through late 2017.

“The defendant’s actions demonstrated reckless disregard for at-risk youth,” U.S. Attorney Prim F. Escalona said.  “The U.S. Attorney’s Office will continue to work with our law enforcement partners to protect the members of our community that are the most vulnerable, our children.”

Attorney General Steve Marshall said, “This defendant engaged in an illegal and immoral scheme to profit at the expense of children in need by claiming payment for services that were never provided.  As Attorney General, I stand committed with the U.S. Attorney and the Department of Health and Human Services to punish those who plunder the public treasury and betray the at-risk youth they were entrusted to serve.”

“Let this be a warning to medical billers around the State of Alabama that if you facilitate the submission of fraudulent claims, you will be held accountable for your actions,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services.  “Together with our partners at both the state and federal level, the OIG will continue to identify and hold accountable those responsible for such schemes.”

The U.S. Department of Health and Human Services OIG, the Alabama Attorney General’s Medicaid Fraud Control Unit, and the Program Integrity Division of the Alabama Medicaid Agency investigated the case. Assistant U.S. Attorney J.B. Ward and Assistant Attorney General Bruce Lieberman, working as a Special Assistant U.S. Attorney is prosecuting the case.

BIRMINGHAM, Ala. – A federal grand jury today indicted two persons for kidnapping and conspiracy to kidnap a minor victim, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.

Separate indictments filed in U.S. District Court charge Patrick Devone Stallworth, 40, and Derick Irisha Brown a/k/a Quentesa Jackson, 29, each with one count of kidnapping and one count of conspiracy to kidnap a minor victim  arising out of events which occurred in October 2019. 

“This case is an excellent example of the seamless cooperation and coordination by federal agencies and our state and local partners,” Escalona said.  “Federal law enforcement stands ready to assist whenever our help is needed.”

“The kidnapping of a child is one of a parent’s biggest fears.” First Assistant United States Attorney Lloyd C. Peeples said. “Despite their best efforts, federal, state, and local law enforcement were not able to bring the 3-year old victim home to her family.  However, we hope that today’s charges will be a step towards bringing justice for her and her family.”

If proven that death resulted from the charges alleged in the indictments, Stallworth and Brown, would face a minimum sentence of life in prison, or death.

The Federal Bureau of Investigation, the Birmingham Police Department, and the United States Marshals Service all participated in this investigation.  First Assistant U.S. Attorney Lloyd C. Peeples and Assistant U.S. Attorneys Robin Mark and Blake Milner are prosecuting the cases. 

An indictment contains only charges.  A defendant is presumed innocent unless and until proven guilty.

 

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

BIRMINGHAM, Ala. – A Decatur man pled guilty today to filing a false tax return, announced United States Attorney Prim F. Escalona and Internal Revenue Service, Criminal Investigations Special Agent in Charge James E. Dorsey. 

According to court documents, Jerry Wayne Scott, Jr., 47, owned and operated Advanced Roofing in Decatur, Alabama.  In 2013, Advanced Roofing worked on several large projects for which it was paid approximately $750,083.  In October 2014, Scott filed a 2013 tax return that reported gross receipts of $392,250 for Advanced Roofing.  For the preparation of the return, Scott provided a hand-written document to the tax preparer that listed the business income as $392,250, but failed to provide any other documentation to the tax preparer, such as bank statements, ledgers, or Forms- 1099. 

“Filing a false tax return is not a victimless crime - it affects all Americans,” said Escalona.  “The U.S. Attorney’s Office and IRS Criminal Investigation will continue to aggressively pursue those who choose to cheat the tax system.”

“The license to run a business is not a license to avoid paying taxes,” said IRS Criminal Investigation Special Agent in Charge James Dorsey. “Mr. Scott’s filing of false tax returns, cheated all Americans, since we all share the responsibility to pay our fair share tax for the government services and protections that we enjoy.”

The maximum penalty for filing a false tax return is three years in prison and a $100,000 fine.

Internal Revenue Service- CID investigated the case, which Assistant U.S. Attorney Davis Barlow is prosecuting.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

BIRMINGHAM, Ala. – The U.S. Attorney’s Office for the Northern District of Alabama is proud to play a critical role in the Department of Justice’s enforcement efforts under the Americans with Disabilities Act (ADA). The ADA was signed into law 30 years ago by President George H.W. Bush, and is the landmark law that prohibits discrimination on the basis of disabilities. The ADA empowers the Department of Justice to investigate, litigate, and resolve complaints of discrimination as well as authorizing the Government to conduct compliance reviews of covered entities.

“As the United States Attorney for the Northern District of Alabama, I am committed to continuing the important work of enforcing the ADA on behalf of our local citizens,” said Escalona. “I am proud of the work our office has done throughout our district to ensure that individuals with disabilities have equal access in our society.”

Since the passage of the ADA, the U.S. Attorney’s Office has brought numerous institutions into compliance with the ADA. The district has undertaken wide-ranging efforts to eliminate disability discrimination across a broad range of services, programs, and activities that most Americans take for granted, but for too long were largely inaccessible to individuals with disabilities. For instance, as part of the Justice Department’s ADA Voting Initiative, the U.S. Attorney’s Office has worked collaboratively with local governments to increase accessibility at polling places. Whether in employment, areas of civic life, or in the day-to-day activities and access to goods and services that we all enjoy, the ADA requires that we take those steps necessary to ensure access for all.

For more information about the 30th Anniversary of the ADA, please visit www.ada.gov. To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

BIRMINGHAM, Ala. - A federal grand jury returned an indictment today charging four officers at the Alabama Department of Corrections with federal civil rights and obstruction of justice offenses.  Sergeant Keith Finch and Corrections Officers Jordan Thomas and Kevin Blaylock are charged with deprivation of rights under color of law, in violation of Title 18, United States Code, Section 242.  Officer Thomas and Sergeant Orlanda Walker are charged with obstruction of justice, in violation of Title 18, United States Code, Section 1519. 

The indictment alleges that, on Sept. 12, 2018, Finch, Thomas, and Blaylock used excessive force to punish a prisoner who ran out of his cell in the Bibb Correctional Facility in Brent, Alabama.  After two officers took the prisoner to the ground, the prisoner curled up in a fetal position and was surrounded by multiple officers.  Finch, Thomas, and Blaylock then kicked the prisoner and hit him multiple times with their batons.  As a result of this unjustified use of force, the prisoner sustained bodily injury.  Officer Thomas and his supervisor, Sergeant Orlanda Walker, then obstructed justice by filing false reports that claimed “all force ceased” once the prisoner was on the ground.

If convicted, Finch, Thomas, and Blaylock face a maximum sentence of 10 years in prison for the civil rights charges.  Thomas and Walker face up to 20 years in prison for the obstruction charges.  The officers also face a maximum of three years of supervised release and a fine of up to $250,000.

An indictment is a formal accusation of criminal conduct, not evidence of guilt.  The defendants are presumed innocent unless proven guilty.

These cases were investigated by the FBI, and are being prosecuted by Civil Rights Division Trial Attorney Michael J. Songer and Assistant U.S. Attorney Catherine Crosby Long of the Northern District of Alabama’s Birmingham Office.

A federal grand jury returned an indictment today charging four officers at the Alabama Department of Corrections with federal civil rights and obstruction of justice offenses.

Sergeant Keith Finch and corrections officers Jordan Thomas and Kevin Blaylock are charged with deprivation of rights under color of law, in violation of Title 18, U.S. Code, Section 242. Thomas and Sergeant Orlanda Walker are charged with obstruction of justice, in violation of Title 18, U.S. Code, Section 1519. 

The indictment alleges that, on Sept. 12, 2018, Finch, Thomas, and Blaylock used excessive force to punish a prisoner who ran out of his cell in the Bibb Correctional Facility in Brent, Alabama. After two officers took the prisoner to the ground, the prisoner curled up in a fetal position and was surrounded by multiple officers. Finch, Thomas, and Blaylock then kicked the prisoner and hit him multiple times with their batons. As a result of this unjustified use of force, the prisoner sustained bodily injury. Thomas and his supervisor, Walker, then obstructed justice by filing false reports that claimed “all force ceased” once the prisoner was on the ground.

If convicted, Finch, Thomas, and Blaylock face a maximum sentence of 10 years in prison for the civil rights charges. Thomas and Walker face up to 20 years in prison for the obstruction charges. The officers also face a maximum of three years of supervised release and a fine of up to $250,000.

An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendants are presumed innocent unless proven guilty.

These cases were investigated by the FBI with the assistance of the Alabama Department of Correction’s Law Enforcement Services Division, and are being prosecuted by Civil Rights Division Trial Attorney Michael J. Songer and Assistant U.S. Attorney Catherine Crosby Long of the Northern District of Alabama’s Birmingham Office.

BIRMINGHAM, Ala. – A federal judge sentenced a Clanton man on Friday for manufacturing counterfeit United States currency and being a felon in possession of a firearm, announced United States Attorney Prim F. Escalona and United States Secret Service Special Agent in Charge Patrick Davis.

United States District Judge Annemarie Carney Axon sentenced TYLER B. MILLER, 27, to 50 months in prison. Miller pled guilty in April.

According to the plea agreement, Miller was arrested on February 4, 2020 at his residence, after the Jefferson County Sheriff’s Office received a Crime Stoppers Tip regarding a wanted suspect. During the arrest, law enforcement officers noticed a printer and discovered a fully loaded Hi-Point .40 caliber pistol inside a backpack. The United States Secret Service Financial Crimes Task Force was contacted and a search warrant for the residence obtained, law enforcement officers discovered equipment used to manufacture counterfeit currency and multiple sheets of paper containing uncut counterfeit Federal Reserve notes inside the residence.  

“Counterfeit U.S. currency is a threat to our financial system,” Escalona said.  “This sentencing sends a clear message that there are strong penalties waiting for those who chose to commit these types of crimes.”

The United States Secret Service, Jefferson County Sheriff’s Office Vice and Narcotics Unit, and members of the Secret Service Financial Crimes Task Force investigated the case, which Assistant United States Attorney Catherine Crosby prosecuted.