Northern District of Alabama
Press releases recorded for this federal judicial district.
U.S. Attorney Prim F. Escalona Appoints Election Officer for the Northern District of AlabamaRead the Press Release
Birmingham, Ala. – United States Attorney Prim F. Escalona announced today that an Assistant U.S. Attorney will serve as the District Election Officer (DEO) and lead the efforts of her Office in connection with the Department of Justice’s nationwide Election Day Program for the upcoming November 5, 2024, general election. The DEO is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with the Department of Justice’s Headquarters in Washington.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election,” said U.S. Attorney Escalona. Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, 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 interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act 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 inability to read or write in English).
U.S. Attorney Escalona added, “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice.”
To respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, the District’s AUSA/DEO will be on duty in this District while the polls are open. The DEO 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 complaint form at https://civilrights.justice.gov/ or by phone at 800-253-3931.
“Ensuring free and fair elections depends in large part on the assistance of the American electorate,” said U.S. Attorney Escalona. “It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”
But please note that in the case of a crime of violence or intimidation, you should 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.
Two Men Sentenced on Drug ChargesRead the Press Release
ANNISTON, Ala. – Two men have been sentenced on drug charges , announced U.S. Attorney Prim F. Escalona and Drug Enforcement Administration Special Agent in Charge Steven L. Hofer.
U.S. District Court Judge Corey Maze sentenced Anthony Scott Coffee, 44, of Anniston, to 150 months in prison and Torey Lacarr Hudson, 29, of Anniston, to 120 months in prison for distribution of methamphetamine. According to court documents, in September 2023, Coffee and Hudson distributed 107.9 grams of methamphetamine to an undercover agent in Anniston, Alabama.
At the time of the offense, Coffee was on probation for convictions in Calhoun County Circuit Court for kidnapping first degree and attempted murder, and he had a history of domestic violence. Hudson was on probation for a murder conviction in Calhoun County Circuit Court.
DEA investigated the case along with the 7th Judicial Major Crimes Unit. Assistant United States Attorney Brittany Byrd prosecuted the case.
Justice Department Secures $8M from Fairway Independent Mortgage Corporation to Address Redlining in Black Communities in Birmingham, AlabamaRead the Press Release
WASHINGTON – The Justice Department and Consumer Financial Protection Bureau (CFPB) announced today that Fairway Independent Mortgage Corporation (Fairway) has agreed to pay $8 million and a $1.9 million civil money penalty to resolve allegations that it engaged in a pattern or practice of lending discrimination by redlining predominantly Black neighborhoods in and around Birmingham, Alabama.
Redlining is an illegal practice by which lenders avoid providing credit services to individuals living in communities of color because of the race, color, or national origin of residents in those communities.
With this settlement, the Justice Department’s Combating Redlining Initiative surpassed $150 million in relief for communities of color nationwide that have experienced lending discrimination. This settlement marks the Justice Department’s 15th redlining settlement in three years. Under the Combating Redlining Initiative, the Department has secured a historic amount of relief that is expected to generate over $1 billion in investment in communities of color in places such as Houston; Memphis; Los Angeles; Philadelphia; and Birmingham.
“This settlement, and the over $150 million in relief the Justice Department has secured for communities across the country through our Combating Redlining Initiative, will help to ensure that future generations of Americans inherit a legacy of home ownership that they too often have been denied,” said Attorney General Merrick B. Garland. “This case is a reminder that redlining is not a relic of the past, and the Justice Department will continue to work urgently to combat lending discrimination wherever it arises and to secure relief for the communities harmed by it.”
The Justice Department and CFPB allege that Fairway illegally redlined Black neighborhoods in Birmingham, including through its marketing and sales actions, and discouraged residents of those neighborhoods from applying for mortgage loans. The settlement announced today requires Fairway to provide $7 million for a loan subsidy program to offer affordable home purchase, refinance, and home improvement loans in Birmingham’s majority-Black neighborhoods, invest an additional $1 million in programs to support that loan subsidy fund, and pay a $1.9 million civil penalty to the CFPB’s victims relief fund.
This case is the third redlining enforcement action brought jointly by the Justice Department and the CFPB under the initiative, highlighting the strong partnership between the agencies to root out and address lending discrimination.
“Birmingham lies at the heart of our nation’s civil rights struggle but is also a community that bears the legacy of discriminatory redlining and other exclusionary policies,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This settlement will provide Birmingham’s Black neighborhoods with the access to credit they have long been denied and increase opportunities for homeownership and generational wealth. This settlement makes clear our intent to uproot modern-day redlining in every corner of the country, including in the deep South. With more than $150 million in total relief secured in three short years, our Combating Redlining Initiative is generating real economic opportunity for communities of color while sending a strong message to mortgage lenders, no matter their business model, that discriminatory lending will not be tolerated in America.”
“The settlement reached with Fairway Mortgage is a win for communities of color here in Birmingham that have historically been denied access to vital economic resources,” said U.S. Attorney Prim Escalona for the Northern District of Alabama. “Our office is committed to ensuring that these communities have equal access to housing and credit resources.”
“The CFPB and Justice Department are holding Fairway accountable for redlining Black neighborhoods,” said CFPB Director Rohit Chopra. “Fairway’s unlawful redlining discouraged families from seeking loans for homes in Birmingham’s Black neighborhoods.”
Fairway is a non-depository mortgage company headquartered in Madison, Wisconsin. In 2022, Fairway was the nation’s fifth-largest lender by origination volume and ninth-largest by application volume. Fairway operates in the Birmingham area under the trade name MortgageBanc.
The complaint describes how Fairway redlined majority-Black neighborhoods in the Birmingham Metropolitan Statistical Area (Birmingham MSA). During the period covered by the complaint, the Birmingham MSA included six counties in north central Alabama with a combined population of about 1.1 million. While Fairway claimed to serve the entire metropolitan area, it concentrated all its retail loan offices in majority-white areas, directed less than 3% of its direct mail advertising to consumers in majority-Black areas, and for years discouraged homeownership in majority-Black areas by generating loan applications at a rate far below its peer institutions.
The Justice Department and CFPB allege that Fairway violated the Fair Housing Act, Equal Credit Opportunity Act, and Consumer Financial Protection Act. Specifically, the government alleges problematic conduct by Fairway including:
- Failing to address known signs of discrimination: Fairway’s own data showed that, since at least 2017, it was failing to serve majority-Black neighborhoods in the Birmingham area, but before October 2022, it took no meaningful actions to address redlining risk. Between 2018 and 2022, only 3.7% of Fairway’s applications were for properties in majority-Black areas, compared to 12.2% for Fairway’s peer lenders. In other words, Fairway’s peer lenders generated applications for properties in majority-Black areas at over three times the rate of Fairway. This disparity was even higher in neighborhoods with 80% or more Black residents, where Fairway made loans at less than one-eighth of the rate of its peer lenders. Despite these figures, Fairway failed to adopt any written plan for marketing or growth to address the concern.
- Redlining Black neighborhoods: From 2015 through 2022, Fairway operated three retail loan offices and three loan production desks within real estate offices in the Birmingham MSA, all of which were in majority-white areas. Fairway also relied on referrals from real estate professionals and its loan officers’ personal contacts to generate applications, and the vast majority of Fairway’s referral sources and referred consumers were located in majority-white areas. Fairway predominantly directed its marketing to majority-white areas and failed to train or incentivize its existing loan officers to better serve majority-Black areas. By taking these actions, Fairway discriminated against, and unlawfully discouraged mortgage loan applications for properties in, majority-Black neighborhoods.
The proposed consent order, which awaits approval by the Federal District Court for the Northern District of Alabama, would require Fairway to:
- Provide $7 million for a loan subsidy program: The order would require Fairway to offer home purchase, refinance, and home improvement loans on a more affordable basis than otherwise available in majority-Black neighborhoods in the Birmingham MSA. The program may provide lower interest rates, down payment assistance, closing cost assistance, or payment of initial mortgage insurance premiums.
- Invest at least $1 million in redlined neighborhoods: Fairway would be required to open or acquire a new loan production office or full-service retail office in a majority-Black neighborhood in the Birmingham MSA. The company must also spend at least $500,000 on advertising and outreach, at least $250,000 on consumer financial education, and at least $250,000 on partnerships with one or more community-based or governmental organizations to serve the affected neighborhoods.
- Pay a $1.9 million penalty: The proposed order imposes a $1.9 million civil penalty against Fairway, which would be paid into the CFPB’s Civil Penalty Fund, also referred to as the victims’ relief fund.
Information about the Justice Department’s fair lending enforcement work can be found at www.justice.gov/fairhousing. Individuals may report lending discrimination by calling the Justice Department’s housing discrimination tip line at 1-833-591-0291 or submitting a report online.
Consumers can submit complaints about financial products and services by visiting the CFPB’s website or by calling (855) 411-CFPB (2372).
Employees who believe their company has violated federal consumer financial protection laws are encouraged to send information about what they know to [email protected]. To learn more about reporting potential industry misconduct, visit the CFPB’s website.
Justice Department Secures $8M from Fairway Independent Mortgage Corporation to Address Redlining in Black Communities in Birmingham, AlabamaRead the Press Release
The Justice Department and Consumer Financial Protection Bureau (CFPB) announced today that Fairway Independent Mortgage Corporation (Fairway) has agreed to pay $8 million and a $1.9 million civil money penalty to resolve allegations that it engaged in a pattern or practice of lending discrimination by redlining predominantly Black neighborhoods in and around Birmingham, Alabama.
Redlining is an illegal practice by which lenders avoid providing credit services to individuals living in communities of color because of the race, color, or national origin of residents in those communities.
With this settlement, the Justice Department’s Combating Redlining Initiative surpassed $150 million in relief for communities of color nationwide that have experienced lending discrimination. This settlement marks the Justice Department’s 15th redlining settlement in three years. Under the Combating Redlining Initiative, the Department has secured a historic amount of relief that is expected to generate over $1 billion in investment in communities of color in places such as Houston; Memphis; Los Angeles; Philadelphia; and Birmingham.
“This settlement, and the over $150 million in relief the Justice Department has secured for communities across the country through our Combating Redlining Initiative, will help to ensure that future generations of Americans inherit a legacy of home ownership that they too often have been denied,” said Attorney General Merrick B. Garland. “This case is a reminder that redlining is not a relic of the past, and the Justice Department will continue to work urgently to combat lending discrimination wherever it arises and to secure relief for the communities harmed by it.”
The Justice Department and CFPB allege that Fairway illegally redlined Black neighborhoods in Birmingham, including through its marketing and sales actions, and discouraged residents of those neighborhoods from applying for mortgage loans. The settlement announced today requires Fairway to provide $7 million for a loan subsidy program to offer affordable home purchase, refinance, and home improvement loans in Birmingham’s majority-Black neighborhoods, invest an additional $1 million in programs to support that loan subsidy fund, and pay a $1.9 million civil penalty to the CFPB’s victims relief fund.
This case is the third redlining enforcement action brought jointly by the Justice Department and the CFPB under the initiative, highlighting the strong partnership between the agencies to root out and address lending discrimination.
“Birmingham lies at the heart of our nation’s civil rights struggle but is also a community that bears the legacy of discriminatory redlining and other exclusionary policies,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This settlement will provide Birmingham’s Black neighborhoods with the access to credit they have long been denied and increase opportunities for homeownership and generational wealth. This settlement makes clear our intent to uproot modern-day redlining in every corner of the country, including in the deep South. With more than $150 million in total relief secured in three short years, our Combating Redlining Initiative is generating real economic opportunity for communities of color while sending a strong message to mortgage lenders, no matter their business model, that discriminatory lending will not be tolerated in America.”
“The settlement reached with Fairway Mortgage is a win for communities of color here in Birmingham that have historically been denied access to vital economic resources,” said U.S. Attorney Prim Escalona for the Northern District of Alabama. “Our office is committed to ensuring that these communities have equal access to housing and credit resources.”
“The CFPB and Justice Department are holding Fairway accountable for redlining Black neighborhoods,” said CFPB Director Rohit Chopra. “Fairway’s unlawful redlining discouraged families from seeking loans for homes in Birmingham’s Black neighborhoods.”
Fairway is a non-depository mortgage company headquartered in Madison, Wisconsin. In 2022, Fairway was the nation’s fifth-largest lender by origination volume and ninth-largest by application volume. Fairway operates in the Birmingham area under the trade name MortgageBanc.
The complaint describes how Fairway redlined majority-Black neighborhoods in the Birmingham Metropolitan Statistical Area (Birmingham MSA). During the period covered by the complaint, the Birmingham MSA included six counties in north central Alabama with a combined population of about 1.1 million. While Fairway claimed to serve the entire metropolitan area, it concentrated all its retail loan offices in majority-white areas, directed less than 3% of its direct mail advertising to consumers in majority-Black areas, and for years discouraged homeownership in majority-Black areas by generating loan applications at a rate far below its peer institutions.
The Justice Department and CFPB allege that Fairway violated the Fair Housing Act, Equal Credit Opportunity Act, and Consumer Financial Protection Act. Specifically, the government alleges problematic conduct by Fairway including:
- Failing to address known signs of discrimination: Fairway’s own data showed that, since at least 2017, it was failing to serve majority-Black neighborhoods in the Birmingham area, but before October 2022, it took no meaningful actions to address redlining risk. Between 2018 and 2022, only 3.7% of Fairway’s applications were for properties in majority-Black areas, compared to 12.2% for Fairway’s peer lenders. In other words, Fairway’s peer lenders generated applications for properties in majority-Black areas at over three times the rate of Fairway. This disparity was even higher in neighborhoods with 80% or more Black residents, where Fairway made loans at less than one-eighth of the rate of its peer lenders. Despite these figures, Fairway failed to adopt any written plan for marketing or growth to address the concern.
- Redlining Black neighborhoods: From 2015 through 2022, Fairway operated three retail loan offices and three loan production desks within real estate offices in the Birmingham MSA, all of which were in majority-white areas. Fairway also relied on referrals from real estate professionals and its loan officers’ personal contacts to generate applications, and the vast majority of Fairway’s referral sources and referred consumers were located in majority-white areas. Fairway predominantly directed its marketing to majority-white areas and failed to train or incentivize its existing loan officers to better serve majority-Black areas. By taking these actions, Fairway discriminated against, and unlawfully discouraged mortgage loan applications for properties in, majority-Black neighborhoods.
The proposed consent order, which awaits approval by the Federal District Court for the Northern District of Alabama, would require Fairway to:
- Provide $7 million for a loan subsidy program: The order would require Fairway to offer home purchase, refinance, and home improvement loans on a more affordable basis than otherwise available in majority-Black neighborhoods in the Birmingham MSA. The program may provide lower interest rates, down payment assistance, closing cost assistance, or payment of initial mortgage insurance premiums.
- Invest at least $1 million in redlined neighborhoods: Fairway would be required to open or acquire a new loan production office or full-service retail office in a majority-Black neighborhood in the Birmingham MSA. The company must also spend at least $500,000 on advertising and outreach, at least $250,000 on consumer financial education, and at least $250,000 on partnerships with one or more community-based or governmental organizations to serve the affected neighborhoods.
- Pay a $1.9 million penalty: The proposed order imposes a $1.9 million civil penalty against Fairway, which would be paid into the CFPB’s Civil Penalty Fund, also referred to as the victims’ relief fund.
Information about the Justice Department’s fair lending enforcement work can be found at www.justice.gov/fairhousing. Individuals may report lending discrimination by calling the Justice Department’s housing discrimination tip line at 1-833-591-0291 or submitting a report online.
Consumers can submit complaints about financial products and services by visiting the CFPB’s website or by calling (855) 411-CFPB (2372).
Employees who believe their company has violated federal consumer financial protection laws are encouraged to send information about what they know to [email protected]. To learn more about reporting potential industry misconduct, visit the CFPB’s website.
Convicted Felon Pleads Guilty to Unlawful Gun PossessionRead the Press Release
BIRMINGHAM, Ala. – A convicted felon pleaded guilty to illegally possessing firearms, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Marcus Watson.
Devon Rashard Boatman, 34, of Hoover, pleaded guilty before U.S. District Court Judge Madeline H. Haikala to being a felon in possession of a firearm.
According to court records, on April 21, 2023, Birmingham Police officers responded to a domestic violence dispute between Boatman and a victim at the victim’s home. Boatman became angry and began to tussle with the victim. Boatman broke two of the victim’s televisions and slashed one of the tires on her vehicle before leaving the victim’s home on foot. Officers located Boatman a short time later. Boatman was walking when officers located him, but he immediately ran from the officers once he saw them. Officers chased Boatman and saw him throw a Glock 9mm pistol on the ground before they apprehended him. Officers recovered three firearms that Boatman was concealing on his body: a Taurus 9mm pistol, a Smith and Wesson .40 caliber pistol, and a Taurus G3c 9mm pistol. Officers also recovered a fourth firearm, which was the Glock 9mm pistol that Boatman threw on the ground while fleeing from officers. Two of the four firearms had been reported stolen. The Glock 9mm pistol had been stolen in Jefferson County, Alabama, and the Taurus G3c 9mm pistol had been stolen in Birmingham, Alabama.
The maximum penalty for being a felon in possession of a firearm is 15 years in prison.
ATF investigated the case, along with the Birmingham Police Department. Assistant United States Attorney Brittney Plyler is prosecuting the case.
U. S. Attorney Prim F. Escalona Announces over $30 Million in Justice Department Grants to Address and Support the Needs of Residents of the Northern District of AlabamaRead the Press Release
BIRMINGHAM, Ala. – The Department of Justice’s Office of Justice Programs has recently announced new grant-funded resources and support for a variety of law enforcement, crime prevention, victim assistance, and emergency management programs across the Northern District of Alabama.
United States Attorney Escalona stated, “These awards reflect the many ways that the Department of Justice is engaged to improve the lives of the residents of this District. We are proud to support the work of our state, local, and community partners across our District and our whole state in a wide range of activities including reducing violent crime, assisting crime victims, and supporting reentry and crime prevention efforts.”
Some of the recipients include:
Alabama A&M University will receive $300,000 for campus security upgrades.
The City of Birmingham will receive $4,200,000 for additional cameras and intelligence resources that provide information to its Real Time Crime Center.
The Blount County Sheriff’s Office will receive $400,000 for additional patrol vehicles.
The City of Jacksonville, Alabama will receive $218,728 to update and supplement law enforcement intelligence and communications resources.
Jefferson County, Alabama will receive $833,000 to support the treatment of substance abuse disorders for people involved within the local justice system. Also, Jefferson County will receive $1,000,000 for Veterans’ Treatment Court services that will be provided via the University of Alabama of Birmingham.
The Jefferson County District Attorney’s Office – Birmingham Division – will receive $500,000 to enhance its investigations and prosecutions of domestic violence cases.
The Madison County Sheriff’s Office will receive $1,020,00 for the purchase and outfitting of at least15 new patrol vehicles.
Morgan County, Alabama will receive $595,000 for law enforcement equipment to enhance responses to active shooter incidences.
The National Child Advocacy Center in Huntsville, Alabama will receive $1,100,000 to provide technical assistance and support to child advocacy across the nation.
Sheffield, Alabama will receive $495,000 to purchase and equip police vehicles.
Talladega College will receive $500,000 to increase campus-based resources to respond to domestic violence, dating violence, sexual assault, and stalking.
Along with the resources provided to many communities and agencies within the Northern District of Alabama, the Department of Justice has provided resources to various State of Alabama agencies to administer numerous statewide public safety and victim support initiatives.
The Alabama Department of Commerce will receive $741,975 to collaborate with The Dannon Project for opioid recovery and intervention youth programming.
The Alabama Department of Economic and Community Affairs (ADECA) will receive $11,850,932 for Victims of Crime Assistance. ADECA will also receive $2,555,663 to distribute for crisis intervention programming.
The Alabama Law Enforcement Agency will receive $3,097,598 to enhance criminal background check and justice statistics systems.
The awards announced above are being made as part of the regular end-of-fiscal year cycle. More information about these and other OJP awards can be found on the Office of Justice Programs Awards.
Madison Man Convicted of Sexual ExploitationRead the Press Release
BIRMINGHAM, Ala. – A jury has convicted a Madison man of child exploitation, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.
The jury returned a guilty verdict against Anthony Ray Lawrence, 37, of Madison, after 3 days of testimony before U.S. District Court Judge Madeline H. Haikala. Lawrence was convicted of attempted coercion and enticement of a minor.
According to evidence presented at trial, between April and May 2023, Lawrence used a social media application to engage with someone he thought to be a 14-year-old female but who actually was an undercover law enforcement officer. He told the undercover officer that he used the application to meet younger girls. On May 1, 2023, Lawrence traveled from Madison, Alabama, to Homewood, Alabama, to engage in a sexual act with a minor. At the time of his arrest, Lawrence possessed condoms and sexual lubricant. He had rented a hotel room nearby.
If you suspect or become aware of possible sexual exploitation of a child, please contact law enforcement. To alert the FBI Birmingham Office, call 205-326-6166. Reports can also be filed with the National Center for Missing & Exploited Children (NCMEC) or online at www.cybertipline.org.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The FBI investigated the case along with the Homewood Police Department. Assistant U.S. Attorneys Daniel S. McBrayer and R. Leann White are prosecuting the case.
Convicted Felon Sentenced to 37 Months in Prison on Gun ChargeRead the Press Release
BIRMINGHAM, Ala. – A convicted felon has been sentenced for illegally possessing a firearm, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Marcus Watson.
Chief U.S. District Court Judge R. David Proctor sentenced Antony Daizshaun Zyquan Kirksey, aka “Antony Carson Kirksey,” 24, of Anniston, to 37 months in prison. In June, Kirksey pleaded guilty to being a felon in possession of a firearm.
According to court documents, on October 12, 2023, an Anniston Police Department officer conducted a traffic stop on a vehicle. Kirksey was a passenger in the vehicle. When asked by the officer if there were weapons in the vehicle, Kirksey admitted to having a firearm in a bag he was wearing across his chest. The officer recovered a loaded Glock 9mm pistol and a loaded extra magazine.
Kirksey is prohibited from possessing a firearm because of prior felony convictions.
The ATF investigated the case along with the Anniston Police Department. Assistant U.S. Attorney Kristy M. Peoples prosecuted the case.
Federal Agencies Announce New Prioritized Efforts to Address Domestic Violence in Jefferson County and Will Provide Nearly $850,000 for Local PartnersRead the Press Release
BIRMINGHAM, Ala. – Both the Department of Justice and the Department of Health and Human Services (HHS) recently announced new resources and support to combat domestic violence in Jefferson County. This comprehensive assistance will advance the law enforcement, crime prevention, and victim assistance priorities set by the United States Attorney’s Office and its local partners through Operation Safe Families.
Jefferson County’s designation for prioritized enforcement and prosecution responses to domestic violence results from United States’ Attorney General Merrick B. Garland approval of 78 communities across 47 states, territories, and the District of Columbia for designation under Section 1103 of the Violence Against Women Reauthorization Act of 2022. Through this designation, the United States Attorney’s and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Field Divisions will partner with each local law enforcement and community partners to develop a plan to reduce intimate partner firearm violence and to prioritize prosecutions of domestic violence offenders who illegally possess firearms.
Alongside Jefferson County’s enforcement prioritization, the Department of Justice’s Office on Violence Against Women has awarded a $500,000 grant to the Jefferson County District Attorney’s Office – Birmingham Division – to enhance its investigations and prosecutions of domestic violence cases. These resources will expand the work of the Jefferson County District Attorney’s Domestic Violence High-Risk Team.
HHS is also dedicating new resources in Jefferson County to address generational trauma and adverse childhood experiences caused by domestic violence. HHS is awarding $347,727 to One Place Metro Alabama Family Justice Center (One Place) for the advancement of its local work through Camp HOPE America – a national, year-round program that works with children (ages 7 -17) who have been impacted by domestic and family violence. One Place facilitates Alabama’s only Camp HOPE America site, serving Jefferson County. Through the HHS grant, One Place will be able to provide living assistance and counseling to families participating in Camp HOPE.
The U.S. Attorney’s Office has made combatting domestic violence, and the community violence it often leads to, a top priority. In October 2020, the Office announced a new initiative, Operation Safe Families, to fight 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. Operation Safe Families brings together federal law enforcement and local victim service providers, state and local law enforcement, and local prosecutors to better respond to the needs of victims of domestic violence and the threats presented to the community by domestic violence offenders. Not only do domestic violence offenders often terrorize former intimate partners, national and local crime data confirms that domestic violence offenders present extreme risks to law enforcement officers and are often responsible for significant amounts of violent crimes in Alabama communities. Operation Safe Families is part of the United States Attorney’s Office’s Project Safe Neighborhoods strategy and supports of the Department’s Comprehensive Strategy for Reducing Violent Crime.
“Domestic violence tears at the fabric of our communities and affects every demographic of society,” said U.S. Attorney Escalona. “People who commit violence within their homes are often also the same people who commit violent crimes in our communities. My office along with our federal, state, and local law enforcement and community partners continue to work together to combat violent crime, to support victims of violence, and to prioritize prosecutions of domestic violence offenders.”
“ATF recognizes the role firearms play in violent crimes and, more specifically, domestic violence.” ATF Special Agent in Charge, Marcus Watson said. “We at ATF are committed to aggressively pursuing prohibited possession of firearms due to domestic violence convictions and will continue to work with our partners to remove convicted domestic abusers who possess firearms from our communities.”
“Between 2021 and 2023, there were 114 total domestic violence related homicides in Jefferson County, and more than 70% of known homicide offenders in Jefferson County each year have a history of domestic violence,” said District Attorney Danny Carr. “My office will not fail to do its utmost to bring justice, safety, and protection for victims of violence and our community. These additional resources will provide meaningful assistance to sustain and expand the innovative work that our Domestic Violence High-Risk Team is conducting.”
“Preventing domestic violence and remedying the trauma it causes within a family and a community requires a comprehensive approach,” said Rebecca McWilliams, Executive Director of One Place Metro Alabama Family Justice Center. “The resources provide to Camp Hope from the Department of Health and Human Services can change lives and restore hope and opportunity for children and families affected by family violence. I am grateful and excited for the support and opportunities this grant will make within the lives of our Camp Hope families and in our community”.
To learn more about One Place Metro Alabama Family Justice Center or Camp Hope, please visit Camp Hope - Alabama .
Hoover Man Indicted in Connection with Murder-for-Hire PlotRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury indicted a Hoover man in connection with his solicitation of a murder-for-hire, announced U.S. Attorney Prim Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton Peeples.
A one-count indictment filed in U.S. District Court charges Mohammad A.H. Mohammad, 63, of Hoover, with use of a cell phone in attempting to hire someone to murder his selected victim. The crime allegedly occurred between August 2024 and September 2024 in Jefferson County.
The maximum penalty for use of interstate commerce facilities in the attempted commission of murder-for-hire is 10 years in prison.
The FBI investigated the case. Assistant U.S. Attorneys Jonathan S. Cross and William R. McComb are prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Former Tuscaloosa Wealth Manager Charged in Connection with Theft of Client FundsRead the Press Release
BIRMINGHAM, Ala. – A former Tuscaloosa wealth manager has been charged in connection with his theft of more than $500,000 in client funds, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Carlton L. Peeples.
A one-count information filed in U.S. District Court charges Jason Brooks Head, 46, of Tuscaloosa, with bank embezzlement. A plea agreement was filed with the information, indicating that Head has agreed to plead guilty to the charge.
According to the information and plea agreement, Head was a registered stockbroker who worked for Morgan Stanley Wealth Management throughout the relevant period. Beginning in July 2020 and continuing through November 2023, Head withdrew approximately $500,114.81 from the accounts of two of his Morgan Stanley clients without their authorization. Head transferred the funds to accounts he controlled and used for his personal benefit.
The Court will set a date for Head to enter his guilty plea.
The FBI investigated the case. Assistant U.S. Attorneys Brett A. Janich and Ryan S. Rummage are prosecuting the case.
An information contains only charges. A defendant is presumed innocent unless and until proven guilty.
Convicted Felon Sentenced to 34 Months in Prison on Gun ChargeRead the Press Release
BIRMINGHAM, Ala. – A convicted felon has been sentenced for illegally possessing a firearm, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Marcus Watson.
U.S. District Court Judge Anna Manasco sentenced Jonathan Teal, 35, of Vestavia, to 34 months in prison. In April, Teal pleaded guilty to being a felon in possession of a firearm.
According to the plea agreement, on September 24, 2023, a Birmingham Police Department officer responded to a call of a man walking down the street and waving a gun as vehicles drove by him. The officer approached Teal, and while performing a pat down search for weapons, the officer recovered a Taurus 9mm pistol from Teal’s waistband.
Teal is prohibited from possessing a firearm because of multiple prior felony convictions.
The ATF investigated the case along with the Birmingham Police Department. Assistant U.S. Attorney Kristy M. Peoples prosecuted the case.
Birmingham Man Sentenced to 5 ½ Years in Prison on Fentanyl ChargeRead the Press Release
ANNISTON, Ala. – A Birmingham man has been sentenced for a fentanyl-related drug crime, announced U.S. Attorney Prim F. Escalona and Drug Enforcement Administration Special Agent in Charge Steven L. Hofer.
U.S. District Court Judge Corey L. Maze sentenced Demarcus Hill, 42, to 66 months in prison. In April, Hill was convicted of conspiracy to possess with the intent to distribute fentanyl.
According to evidence presented at trial, Hill and his co-defendant, JT Toombs, drove from Birmingham to Atlanta, Georgia, where they picked up over 2000 fentanyl pills to bring back to Birmingham. During the return trip, an Oxford Police Department officer conducted a traffic stop on the vehicle on Interstate 20. His canine detected the odor of narcotics, and the officer discovered the fentanyl pills during a search of the vehicle.
The DEA investigated the case along with the Oxford Police Department. Assistant U.S. Attorney Brittany Byrd prosecuted the case.
Administrator of Scam Telegram Channel Sentenced for Multi-Million Dollar FraudRead the Press Release
BIRMINGHAM, Ala. – A Birmingham-area man has been sentenced to a decade in prison for his role running a Telegram channel that sold millions of dollars in stolen and fraudulent checks, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Carlton L. Peeples.
U.S. District Judge Madeline Haikala sentenced Mekhi Diwone Harris, 25, of Birmingham, to 120 months in prison and ordered him to forfeit $160,000. In April 2024, Harris pleaded guilty to one count of conspiracy to commit wire fraud and bank fraud.
“Check fraud is a growing national problem,” U.S. Attorney Escalona said. “That is in no small part due to Telegram channels like the one run by the defendant, which operated as a one-stop shop for other scammers to purchase stolen financial instruments. Thanks to the tremendous partnership from the U.S. Attorney’s Office for the Southern District of Alabama and our law enforcement partners who worked on this case, we were able to bring the administrator of the ‘Work Related’ channel to justice.”
“Fraud poses a fundamental threat to our national security as well as to our everyday way of life,” said Special Agent in Charge Peeples. “The FBI is committed to coordinating with our partners and aggressively pursuing those who seek to victimize others for their personal gain. I hope this sentencing serves as a warning to others who might engage in these types of schemes.”
According to the plea agreement, from April 2022 to August 2023, Harris acted as an administrator of the “Work Related” Telegram channel using the Telegram handle “@O1ihk.” During this period, more than one thousand stolen or fraudulent checks were sold on the channel. The victims included individuals, businesses, churches, schools, and non-profit organizations. The total value of the checks posted to the channel was more than $10 million.
The FBI investigated the case with significant assistance from the U.S. Postal Service Office of Inspector General, the U.S. Postal Inspection Service, and the U.S. Secret Service Cyber Fraud Task Force. Assistant U.S. Attorney Edward J. Canter prosecuted the case.
Former Decatur Oncologist Pleads Guilty to Illegal Opioid PrescribingRead the Press Release
BIRMINGHAM, Ala. – A former oncologist in Decatur has pleaded guilty to illegally prescribing drugs, including oxycodone and hydrocodone, announced U.S. Attorney Prim F. Escalona and Drug Enforcement Administration Special Agent in Charge Steven L. Hofer.
Sammy Fuad Becdach, 57, pleaded guilty before U.S. District Judge Madeline H. Haikala to two counts of unlawful distribution and dispensing of a controlled substance.
According to the plea agreement, Becdach worked as an oncologist in Decatur, Alabama, including during 2018 through 2021, when the illegal prescribing occurred. In August 2022, the Medical Licensure Commission of Alabama revoked Becdach’s medical license for unprofessional conduct related to his romantic relationship with a woman to whom he had written opioid prescriptions and who later died from a drug overdose. Becdach wrote illegal prescriptions for controlled substances to three individuals who were not his patients. The three filled the prescriptions at Becdach’s request and then gave him the pills they received. Becdach gave some pills to women with whom he was romantically involved. The prescriptions included opioids and benzodiazepines.
The sentencing hearing has been scheduled for November 13, 2024.
The maximum penalty for drug distribution is 20 years in prison and a $1 million fine.
The DEA investigated the case. Assistant U.S. Attorney J.B. Ward is prosecuting the case.
Convicted Felon Pleads Guilty to Drug and Gun ChargesRead the Press Release
BIRMINGHAM, Ala. – A convicted felon pleaded guilty to drug and gun charges, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton Peeples.
Waymon Lanar Robinson, Jr., 31, of Birmingham, pleaded guilty before U.S. District Judge Annemarie Axon to possession with intent to distribute methamphetamine, heroin, and fentanyl; carrying a firearm during and in relation to a drug trafficking crime; and being a felon in possession of a firearm.
According to court documents, on March 1, 2023, Jefferson County Sheriff’s Office deputies conducted surveillance on a house in Tarrant, Alabama, associated with the gang “Hard2Kill.” Officers conducted a traffic stop in an alleyway behind the house. Officers saw Robinson place something inside his pants and walk away from the house. They approached Robinson and asked if he had any weapons on him. Robinson said he did and showed the officer a Glock .40 caliber pistol in his waistband. Robinson also had fentanyl, methamphetamine, hydrocodone pills, heroin, and marijuana inside of a Crown Royal Bag in his pants.
The FBI investigated the case, along with the Jefferson County Sherriff’s Office. Assistant U.S. Attorney Brittany Byrd is prosecuting the case.
Undocumented Individual Charged in Connection with Voting Fraud and Passport FraudRead the Press Release
BIRMINGHAM, Ala. – An undocumented individual has been charged in connection with her fraudulent assumption of a United States citizen’s identity and her use of that identity to vote in multiple elections and obtain multiple United States passports, announced U.S. Attorney Prim F. Escalona and Resident Agent in Charge Joseph R. Wysowaty of the U.S. State Department’s Diplomatic Security Service (DSS) Atlanta Resident Office.
A nine-count information filed in U.S. District Court charges Angelica Maria Francisco, 42, most recently of Russellville, with false claims of citizenship in connection with voting, false statements in application for a United States passport, use of a United States passport obtained by false statements, and aggravated identity theft. A plea agreement was filed with the information, indicating that Francisco has agreed to plead guilty to all of the charges.
According to the information and plea agreement, Francisco assumed the identity of a United States citizen in or around 2011. Francisco used the false identity to obtain a United States passport in 2011. She subsequently used the United States passport to travel to and from her native country of Guatemala in 2012, 2015, and 2018. Using the same false identity, Francisco also registered to vote in Alabama in 2016 and voted in the 2016 and 2020 primary and general elections. And in 2021, Francisco used the same false identity to apply for and receive a renewed passport, which she used to travel to and from Guatemala in 2022.
The Court will set a date for Francisco to enter her guilty plea.
DSS investigated the case, with assistance from the Alabama Law Enforcement Agency, the East Metro Area Crime Center, and the Alabama Secretary of State’s Office. Assistant U.S. Attorney Brett A. Janich is prosecuting the case.
An information contains only charges. A defendant is presumed innocent unless and until proven guilty.
Hoover Brothers Plead Guilty to Selling Stolen Goods OnlineRead the Press Release
BIRMINGHAM, Ala. – Two Hoover brothers have pleaded guilty to running an online fencing scheme that resulted in the sale of over $1 million worth of stolen goods, announced U.S. Attorney Prim F. Escalona and U.S. Secret Service Special Agent in Charge Patrick Davis.
Appearing before U.S. District Judge Madeline Haikala, Abdurrahman Amar, 32, and Yahya Amar, 33, each pleaded guilty to one count of conspiracy to engage in the interstate transportation of stolen goods.
According to the defendants’ plea agreements, from January 2022 through December 2023, Abdurrahman Amar organized and led a network of “boosters”—professional thieves. The boosters regularly offered the Amars various new and unopened goods for purchase, especially personal electronic devices and tools. The Amars knew that the boosters obtained these goods by stealing them from various retailers, including Wal-Mart, Target, Home Depot, and Lowe’s.
After purchasing the goods from the boosters at a steep discount from their retail value, the Amars listed the goods for re-sale on various online platforms—primarily eBay and Facebook—at prices that included a markup from the boosters’ prices but that were still well below the stolen goods’ retail value.
Over the course of the conspiracy, the Amars completed approximately 7,283 separate sales of stolen goods on eBay, resulting in total revenue of approximately $1,014,191.44. After selling the stolen goods online, the Amars shipped the stolen goods to customers located throughout the United States and internationally.
The maximum penalty for conspiracy to engage in interstate transportation of stolen goods is five years in prison.
The U.S. Secret Service investigated the case. Assistant U.S. Attorney Brett A. Janich is prosecuting the case.
Union Official Charged with Bombing Alabama Gas PipelineRead the Press Release
BIRMINGHAM, Ala. – A West Virginia man has been charged with bombing a methane gas pipeline owned and operated by Warrior Met Coal, Inc., in Brookwood, Alabama, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples, and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
A one-count indictment filed in U.S. District Court charges Jerry Gale Kerns, 52, with destruction of property used in interstate commerce by means of fire or explosive.
According to the indictment, on March 23, 2022, Kerns bombed a section of a methane gas pipeline near the intersection of Hanna Creek Road and Sandlin Mountain Road in Brookwood, Alabama. At the time, Kerns was the Region II Director of the United Mine Workers of America (UMWA) union. The UMWA represented striking, unionized coal miners employed by Warrior Met Coal, which operated a mine in Brookwood.
If convicted, Kerns faces a minimum of five years and a maximum of twenty years in prison.
FBI and ATF investigated the case. Assistant U.S. Attorneys Jonathan “Jack” Harrington and Lloyd C. Peeples, III are prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Convicted Felon Charged with Illegally Possessing a FirearmRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury indicted a convicted felon for illegally possessing a firearm, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Marcus Watson.
A one-count indictment filed in U.S. District Court charges Darrie Dewayne Ziegler, 31, of Birmingham, with being a felon in possession of a firearm.
According to the indictment, on August 15, 2024, Ziegler illegally possessed a Shadow Systems 9mm pistol.
ATF investigated the case, along with the Birmingham Police Department and the Irondale Police Department. Assistant U.S. Attorney Kristy M. Peoples is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Minnesota Man Pleads Guilty to Distributing Fentanyl that Resulted in the Death of a Tuscaloosa ManRead the Press Release
TUSCALOOSA, Ala. – A St. Francis, Minnesota, man pleaded guilty Tuesday to distributing fentanyl that resulted in a death, announced U.S. Attorney Prim F. Escalona and U.S. Postal Inspection Service Inspector-in-Charge Scott D. Fix, Houston Division.
Christopher Louis Bass, 46, pleaded guilty before U.S. District Judge L. Scott Coogler to distributing fentanyl, admitting that a person’s death resulted from the distribution.
According to the plea agreement, Bass used the United States Postal Service to distribute narcotics, namely counterfeit Oxycontin, throughout the United States. Bass received orders over the internet for counterfeit pills and then concealed shipments of pills within U.S. Postal Service Priority Mail packages. In August 2022, Dr. Louis Burgio of Tuscaloosa, Alabama, received counterfeit narcotics shipped by Bass. Unknown to Dr. Burgio, the counterfeit pills also contained fentanyl. Dr. Burgio passed away on August 21, 2022, as a result of the toxic effects of fentanyl. Priority Mail packaging found in Dr. Burgio’s home matched the Priority Mail packages shipped by Bass. A search of Bass’s residence in St. Francis, Minnesota, resulted in the seizure of counterfeit pills, fentanyl, and packaging material. A search of Bass’s phone revealed spreadsheets of customers, addresses, U.S. Postal Service tracking numbers, weights and quantities of orders, and pricing for pills.
Bass is scheduled to be sentenced before U.S. District Judge L. Scott Coogler at the Federal Courthouse in Tuscaloosa, Alabama, on December 17, 2024.
The U.S. Postal Inspection Service investigated the case. Assistant U.S. Attorney Alan Kirk is prosecuting the case.
Former U.S. Postal Employee Sentenced for Conspiracy Involving Bribery and Mail TheftRead the Press Release
BIRMINGHAM, Ala. – A federal judge sentenced a former U.S. Postal employee for her role in a conspiracy involving bribery and mail theft, announced U.S. Attorney Prim F. Escalona and U.S. Postal Inspection Service Inspector-in-Charge Scott D. Fix, Houston Division.
U.S. District Judge Anna Manasco sentenced Shantee Renee Townes, 41, of Fairfield, to 24 months in prison. In April, Townes pleaded guilty to a conspiracy involving bribery and mail theft and also to accepting a bribe.
“The defendant used her position of trust for personal gain,” U.S. Attorney Escalona said. “My office is committed to working with our federal, state, and local partners to investigate and prosecute individuals who betray the public’s trust.”
“Shantee Townes betrayed the trust the American public placed in her as a USPS employee when she decided to assist others in the theft of US Mail,” said Scott Fix, Inspector in Charge for the Houston Division of the US Postal Inspection Service. “This sentence demonstrates the consequences for individuals, especially those in positions of trust, who engage in this type of criminal activity.”
According to the plea agreement, between April 2021 and August 2022, Townes was employed by the United States Postal Service as a sales and services/distribution clerk and was assigned to the East Lake Roebuck Post Office. She used her position to steal checks from the mail stream and sold photographs of them to Derrell Matthews. Matthews paid Townes over $6,000 for the photographs of the stolen checks. The total value of the checks photographed and sent to Matthews exceeded $1,500,000.
Derrell Allen Matthews, 27, of Birmingham has been sentenced 63 months in prison for his role in this case and in an unrelated case. A press release related to Matthews was issued on July 1, 2024.
USPIS investigated the case, along with the Shelby County Sheriff’s Office. Assistant U.S. Attorney Daniel McBrayer prosecuted the case.
Convicted Felon Sentenced to 13 Years in Prison for Gun and Drug CrimesRead the Press Release
BIRMIHGHAM, Ala. – A convicted felon pleaded guilty and was sentenced today for possessing drugs and a firearm, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
U.S. District Judge Madeline Haikala sentenced Nathaniel Kasheen Rembert, 37, of Bessemer, to 156 months in prison. Rembert pleaded guilty to a two-count information charging him with possession of a firearm by a convicted felon and possession with intent to distribute a controlled substance.
According to the plea agreement, on July 2, 2021, a Birmingham Police Department officer conducted a traffic stop on Rembert. The officer asked Rembert if he had any weapons in the car. Rembert admitted to having a pistol, and he did not have a pistol permit. After determining that Rembert had multiple outstanding warrants, the officer arrested Rembert on the warrants and for not having a pistol permit. From the car, officers recovered a Glock .45 caliber pistol, a magazine loaded with .45 caliber bullets, a box of .45 caliber ammunition, drugs, and drug paraphernalia.
Rembert is prohibited from having a gun because of multiple prior felony convictions.
ATF investigated the case, along with the Birmingham Police Department and the Alabama Law Enforcement Agency. Assistant United States Attorney Darius Greene prosecuted the case.
Five Individuals Sentenced for Possession of Glock Switches and Other Gun CrimesRead the Press Release
TUSCALOOSA, Ala. - Five individuals have been sentenced for possession of “Glock switches” and other gun crimes in the City of Tuscaloosa and surrounding areas, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
Donterio Nickson, 23, of Tuscaloosa, was sentenced to 57 months in prison. In April, Nickson pleaded guilty to possession of a machine gun conversion device—commonly referred to as a “Glock switch.” Assistant U.S. Attorney Benjamin A. Keown, Sr. prosecuted the case.
Jahleo Pugh, 20, of Tuscaloosa, was sentenced to 20 months in prison. In April, Pugh pleaded guilty to possession of a machine gun. Assistant U.S. Attorney Darius C. Greene prosecuted the case.
Kemontay Smith, 19, of Tuscaloosa, was sentenced to 24 months in prison. In April, Smith pleaded guilty to possession of a machine gun. Assistant U.S. Attorney William R. McComb prosecuted the case.
Markeias Thompson, 19, of Tuscaloosa, was sentenced to 24 months in prison. In April, Thompson pleaded guilty to possession of a machine gun. Assistant U.S. Attorney William R. McComb prosecuted the case.
Keyonte Howard, 21, of Tuscaloosa, received 36 months’ probation following his conviction in May for providing false information in connection with the purchase of a firearm. Assistant U.S. Attorney Darius C. Greene prosecuted the case.
These sentences are the result of collaborative efforts by the ATF, Tuscaloosa Police Department, Tuscaloosa County Sheriff’s Office, and Tuscaloosa District Attorney’s Office to identify and focus enforcement on individuals who illegally possess “Glock switches” and firearms in the Northern District of Alabama.
The cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence and to make our neighborhoods safer for everyone. On May 26, 2021, the Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Former Homewood Finance Director Charged with Embezzling Nearly $950,000Read the Press Release
BIRMINGHAM, Ala. – The former finance director for the City of Homewood has been charged with, and agreed to plead guilty to, crimes related to his embezzling nearly $950,000 from Homewood’s coffers. United States Attorney Prim Escalona and FBI Special Agent in Charge Carlton Peeples made the announcement.
An information filed today in federal district court charges Robert Winston Burgett, 64, of Hueytown, with three counts of wire fraud. Also filed today was a plea agreement indicating that Burgett has agreed to plead guilty to the charges.
According to the information and plea agreement, Burgett worked for the City of Homewood as its finance director. Between at least May 2023 and about March 2024, Burgett used that position to embezzle almost $950,000 from City of Homewood bank accounts.
Burgett concealed his conduct by first moving the City’s funds into a commercial bank account he controlled before transferring the funds into his personal account. Burgett also altered City bank account statements and made false journal entries in City accounting records. Burgett ultimately used the embezzled funds for personal purposes.
The Court will set a date for Burgett to enter his guilty plea.
The FBI and the Homewood Police Department investigated the case with assistance from the Alabama Department of Examiners of Public Accounts. Assistant U.S. Attorney J.B. Ward is prosecuting the case.
An information contains only charges. A defendant is presumed innocent unless and until proven guilty.
Former Centre Police Officer Charged in Connection with Drug-Planting SchemeRead the Press Release
BIRMINGHAM, Ala. – A former Centre police officer has been charged in connection with a scheme to plant drugs on innocent motorists in order to manufacture drug arrests, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Carlton L. Peeples.
A one-count information filed in U.S. District Court charges Michael Kilgore, 40, of Centre, with conspiracy to distribute controlled substances, specifically methamphetamine. A plea agreement was filed with the information, indicating that Kilgore has agreed to plead guilty to the charge.
According to the information and plea agreement, Kilgore’s scheme began in early January 2023, when he stopped a car and found various drugs. Kilgore offered the driver the chance to avoid drug charges by working for Kilgore. The driver accepted and became a co-conspirator in Kilgore’s drug-planting scheme.
Kilgore and his co-conspirator then arranged for a package containing methamphetamine, oxycodone, and marijuana to be attached to the undercarriage of a certain vehicle. On January 31, 2023, Kilgore performed a sham traffic stop of that vehicle and “discovered” the drug package where he knew it had been planted. The vehicle’s driver and passenger were detained for drug possession.
Kilgore and his co-conspirator planned to repeat the scheme on another vehicle. But after buying the drugs to be planted, Kilgore’s co-conspirator discarded the drugs and reported the scheme to law enforcement.
The Court will set a date for Kilgore to enter his guilty plea.
The FBI investigated the case. Assistant U.S. Attorney Brett A. Janich is prosecuting the case, and Assistant U.S. Attorney Kristen Osborne assisted.
An information contains only charges. A defendant is presumed innocent unless and until proven guilty.
Convicted Felon Pleads GuiltyRead the Press Release
BIRMIHGHAM, Ala. – A convicted felon pleaded guilty today to illegally possessing firearms, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
Ro’Daryus Donell Mitchell, 27, of Center Point, pleaded guilty before U.S. District Court Judge Annemarie C. Axon to being a felon in possession of a firearm.
According to the plea agreement, on May 31, 2023, the United States Marshals Service (USMS) Gulf Coast Regional Fugitive Task Force (GCRFTF) was looking for Mitchell for multiple arrest warrants. Mitchell had arrest warrants for 22 counts of Unlawful Breaking and Entering a Vehicle, four counts of Theft of Property, Second Degree, one count of Receiving Stolen Property, Second Degree, and a probation revocation warrant for Violation of the State Firearms Act. USMS GCRFTF deputies located Mitchell at a residence in Birmingham and arrested him on the outstanding warrants. A search of the residence resulted in the seizure of a Glock 9mm pistol loaded with 17 rounds of ammunition, an American Tactical .300 pistol, and a Taurus .45 caliber pistol that was loaded with five rounds of ammunition. The American Tactical .300 pistol was reported stolen with the Tuscaloosa County Sheriff’s Office on May 12, 2023. The Taurus .45 caliber pistol was reported stolen with the Birmingham Police Department on May 25, 2023. At the time of this incident, Mitchell had been convicted of Unlawful Breaking and Entering a Vehicle in the Circuit Court of Jefferson County.
ATF investigated the case, along with the USMS GCRFTF. Assistant United States Attorney Kristy Peoples is prosecuting the case.
Two Men Separately Indicted for Crimes Related to Domestic ViolenceRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury indicted two men for separate crimes related to domestic violence, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
A two-count indictment charges Philip Henry Houk, 33, of Charlotte, North Carolina, with attempted kidnapping and interstate violation of a protective order. According to the indictment, Houk travelled from North Carolina to Jefferson County, Alabama, in June 2024 to break into the victims’ residence and kidnap them. This happened after the Circuit Court of Jefferson County issued a protection order against Houk in March 2024, to protect one of the victims from violence, threats, and harassment by Houk.
A separate two-count indictment charges David Holcomb, 49, of Albertville, with felon in possession of a firearm and possession of a firearm by a person previously convicted of a misdemeanor crime of domestic violence.
ATF investigated each case. Assistant U.S. Attorneys Brittney L. Plyler and Davis Barlow are prosecuting the cases.
An indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.
Bessemer Man Charged in Elder Fraud SchemeRead the Press Release
BIRMINGHAM, Ala. – A Bessemer man has been charged in an elder fraud scheme, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Carlton L. Peeples.
A two-count indictment filed in U.S. District Court charges Terrance Alonzo Pruitt, 47, of Bessemer, with wire fraud.
According to the indictment, in September 2023, Pruitt executed a Power of Attorney over the victim, an elderly family member, without the victim’s knowledge or permission. Between September 2023 and December 2023, Pruitt devised a scheme to defraud the victim by becoming a joint account holder on the victim’s bank accounts, removing two payable on death (POD) beneficiaries from one of the accounts, and adding two POD beneficiaries to an account. Pruitt also transferred more than $500,000 in funds from the victim’s accounts to his personal bank accounts.
Pruitt faces a maximum penalty of 20 years in prison.
The FBI investigated the case. Assistant U.S. Attorney Ryan S. Rummage is prosecuting the case.
Reporting from consumers about fraud and attempted fraud is critical to law enforcements efforts to investigate and prosecute schemes targeting older adults. 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). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud, and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed 10am-6pm Eastern Time, Monday-Friday. English, Spanish, and other languages are available. More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website, www.elderjustice.gov. Victims are encouraged to file a complaint online with the FBI’s Internet Crime Complaint Center at this website or by calling 1-800-225-5324.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Representative John Rogers Sentenced in Fraud Case Involving the Jefferson County Community Service FundRead the Press Release
BIRMINGHAM, Ala. – Alabama State Representative John Rogers was sentenced today to 13 months in prison for his role in the scheme to defraud the Jefferson County Community Service Fund, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples, and Internal Revenue Service, Criminal Investigation Acting Special Agent in Charge Demetrius Hardeman.
U.S. District Court Judge L. Scott Coogler sentenced John Westley Rogers, Jr., 83, of Birmingham, to the custodial term. In March, Rogers pleaded guilty to one count of conspiracy to commit wire and mail fraud and one count of conspiracy to obstruct justice. These charges arise from an investigation of wrongdoing in connection with the Jefferson County Community Service Fund.
On Friday, U.S. District Court Judge L. Scott Coogler sentenced Varrie Johnson Kindall, Rogers’s former assistant and companion, 59, of Chelsea, Alabama, and former Representative Fred L. Plump, Jr., 77, of Birmingham, Alabama Kindall was sentenced to 36 months in prison and Plump was sentenced to 12 months and one day in prison. In February 2024, Kindall pleaded guilty to conspiring with Rogers and to defraud the Fund. Plump also pleaded guilty to conspiracy and obstruction of justice charges in June 2023 and resigned from the Alabama House of Representatives.
According to the plea agreement, in 2015 the Alabama Legislature passed Alabama Act No. 2015-226 (the “Act”) and authorized the Jefferson County Commission to levy and distribute a one percent sales tax and a one percent use tax to benefit the public welfare and enhance the education of the children of Jefferson County. Jefferson County began levying the new taxes in or about August 2017. The Act required the County to distribute the tax revenue according to certain specified priorities, including paying debt incurred during school construction, increasing the County’s general fund, giving funds to each board of education serving students in the County, and for certain other purposes set forth in the Act.
The Act created the Jefferson County Community Service Fund (the “Fund”), which was subsidized by approximately $3.6 million annually from the new taxes. The Act also created the Jefferson County Community Service Committee (the “Committee”), the four members of which were elected by members of the Jefferson County House and Senate delegations. The Committee was responsible for ensuring that the Fund was used only for the purposes set forth in the Act, which included to support public entities and projects such as schools, libraries, museums, parks, zoos, neighborhood associations, athletic facilities, youth sports associations, road construction, the performing arts, police departments, the sheriff’s office, fire departments, and certain nonprofit entities. Each Representative and Senator representing Jefferson County could make recommendations to the Committee of expenditures from their allotted amount of the Fund. These recommendations were made on a form created by the Committee that required certain certifications by the legislator. The organization receiving the funds was required to submit information about the organization and confirm that it intended to use the money for a public purpose. During each fiscal year from 2018 to 2022, each Representative was allocated approximately $100,000 and each Senator was allocated approximately $240,000 from the Fund.
The plea agreement identifies certain relevant parties. Defendant John Rogers was a long-serving member of the Alabama House of Representatives. Fred L. Plump, Jr. served as the Executive Director of the Piper Davis Youth Baseball League (“Piper Davis”), a nonprofit organization that claimed to provide a positive sporting experience for inner city youth in Jefferson County. Varrie Johnson Kindall was Rogers’ personal and professional assistant. Individual #1 was the Founder of Organization #1.
Between fiscal year 2018 and fiscal year 2022, Defendant Rogers was allocated approximately $500,000 by the Fund. Rogers directed approximately $400,000 of those discretionary funds to Piper Davis. In turn, Plump gave approximately $200,000 to Rogers and Kindall as a kickback.
From March 2019, and continuing through April 2023, Rogers and Kindall conspired with Plump to defraud and obtain money from the Fund. It was part of the conspiracy that Rogers, with Kindall’s assistance, recommended during each fiscal year that most of his allotment of Fund money be paid to Piper Davis. In turn, Plump agreed to pay kickbacks to Rogers and Kindall. Rogers, Kindall, and Plump submitted false and fraudulent information to the Committee about Piper Davis’s intended use of Fund money, and Rogers’s certifications on the request forms were false. Upon receipt and deposit of Fund checks, Plump gave checks to Rogers and Kindall for approximately one-half of the amount of Fund money received by Piper Davis. The second superseding indictment also alleges that, in 2019, Rogers directed Fund money to Organization #1 and Kindall then required Individual #1 to pay kickbacks.
Additionally, after learning about the federal investigation into the fraud scheme, Rogers and Kindall attempted to obstruct justice by offering a witness grant money as a bribe and otherwise trying to corruptly persuade the witness to give false information to federal agents. Rogers also persuaded Kindall to agree that she would accept full responsibility for the crimes and falsely tell federal investigators that Rogers did not participate in the scheme in exchange for Rogers’s promise to take care of personal issues for Kindall if she went to prison. As part of that agreement, Rogers had Kindall give false statements to investigators and prosecutors during a meeting at the United States Attorney’s Office on May 25, 2023.
The Federal Bureau of Investigation and Internal Revenue Service Criminal Investigation investigated the case, with assistance from the Alabama Attorney General’s Office. Assistant United States Attorneys George Martin, Catherine Crosby, and Ryan Rummage prosecuted the case.
Tuscaloosa Woman Pleads Guilty to COVID-19 Pandemic FraudRead the Press Release
BIRMINGHAM, Ala. – A Tuscaloosa County woman pleaded guilty this week to defrauding the Small Business Administration’s (SBA) Paycheck Protection Program (PPP), announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation (FBI) Special Agent in Charge Carlton L. Peeples.
Erica Lasha Prewitt, 42, of Tuscaloosa, pleaded guilty before United States District Court Judge L. Scott Coogler to theft of government funds.
According to the plea agreement, in August 2020, Prewitt received a fraudulent PPP loan totaling $96,875. Prewitt made material misrepresentations on the loan application that was supported by fraudulent documentation. In September 2021, Prewitt submitted a PPP Loan Forgiveness Application in which she claimed her business employed 30 people and the full amount of the loan was spent on payroll costs. Prewitt never owned or operated a business and did not use the PPP loan funds to retain workers during the COVID-19 pandemic.
Prewitt is scheduled to be sentenced on November 26, 2024. The maximum penalty for theft of government funds is 10 years in prison.
FBI investigated the case. Assistant U.S. Attorney Jonathan “Jack” Harrington is prosecuting the case.
Anyone with information about allegations of attempted fraud involving COVID-19 relief funds can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
North Dakota Man Sentenced to 80 months in Prison for Firearms’ Trafficking SchemeRead the Press Release
BIRMINGHAM, Ala. – A North Dakota man was sentenced Tuesday for a firearms’ trafficking scheme, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
U.S. District Judge L. Scott Coogler sentenced Juan Antonio Duran, 29, of Watford City, North Dakota, to 80 months in prison. In January, Duran pleaded guilty to conspiracy to provide a false statement to a federal firearm licensee (FFL), false statement during the purchase of a firearm, straw purchasing a firearm, and firearms’ trafficking.
In January, Jose Nicolas Flores, 31, of Tulsa, Oklahoma, pleaded guilty to conspiracy to provide a false statement to an FFL, false statement during the purchase of a firearm, straw purchasing a firearm, and firearms’ trafficking. The sentencing hearing for Flores is scheduled for August 29, 2024.
According to related court documents, between May 9, 2023, and May 11, 2023, Duran conspired with Flores to purchase at least three firearms from an FFL in the Northern District of Alabama. Flores, the straw purchaser, falsified documents by specifically stating that he was the actual buyer when in fact he was buying the firearms for Duran. On May 9, 2011, after Duran and Flores traveled into Alabama, Flores attempted to purchase three Barrett .50 caliber rifles from the FFL but was told the transaction was delayed pending completion of a background check. Instead, Flores purchased the FFL’s entire stock of Barrett .50 caliber rifle magazines for $2,769 cash. The next day, the FFL called Duran and Flores and informed them that the background was complete, and the transfer could proceed. On May 11, 2023, Duran and Flores returned to the FFL from out of state. Flores recertified the document stating that he was the actual buyer and provided approximately $31,000 in cash before being detained by ATF agents. Flores told the ATF agents that he received the bulk cash from Duran for the purpose of buying firearms for Duran. Meanwhile, Duran was detained while moving their vehicle in anticipation of receiving the rifles. During a search of Duran’s property, agents found a receipt for three Barrett .50 caliber rifles purchased by another person from an FFL in Grimes, Iowa, on April 28, 2023. The purchase was made in cash for $35,843.91.
The ATF investigated the case along with the Birmingham Police Department, Jefferson County Sheriff’s Office, and the Alabama Bureau of Pardons and Paroles. Homeland Security Investigations provided translation and technical support. Assistant U.S. Attorneys Daniel S. McBrayer and Brittney L. Plyler prosecuted the case.
Pell City Man Sentenced to 71 Months in Prison for Financial Fraud SchemeRead the Press Release
BIRMINGHAM, Ala – A Pell City man has been sentenced in a scheme to defraud more than 40 investors in his various companies out of more than $4.7 million, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.
Chief U.S. District Court Judge R. David Proctor sentenced John Michael Golden, 48, to 71 months in prison followed by three years of supervised release. In April 2024, Golden pleaded guilty to one count of wire fraud.
According to the plea agreement and information provided at sentencing, Golden was the founder and owner of Wolf-Tek, LLC; MountainTop Timber, LLC; and DroneTek, Inc. Between January 2018 and at least October 2023, Golden devised a scheme to persuade individuals to invest in his companies. He made various misrepresentations to the investors, including telling them his businesses were about to be sold for millions of dollars to companies such as Amazon, he had timber leases and an ability to harvest timber for profit, and he had hundreds of pre-orders for drones that he simply needed capital to fulfill. Golden also gave some investors Promissory Notes in which he falsely promised lucrative returns on investments within a short period of time. Golden even defrauded a new victim eight days after originally signing a plea agreement.
To continue his scheme, Golden placated victims by sending them text messages falsely claiming that their money was available and would arrive on specific future dates. Golden subsequently had his bond revoked for contacting victims and making false promises to them regarding repayment. Golden ultimately defrauded investors in his companies out of more than $4.7 million. He used the funds to pay back prior investors and for personal expenses.
The Federal Bureau of Investigation investigated the case, with assistance from the Alabama Securities Commission. Assistant United States Attorney Ryan Rummage prosecuted the case.
Kentucky Man Sentenced to 25 Years in Prison Related to Sextortion SchemeRead the Press Release
BIRMINGHAM, Ala. – A Kentucky man was sentenced today on a charge of sexual exploitation of children, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.
U.S. District Court Judge L. Scott Coogler sentenced Aden Willis Yeager, 22, of Louisville, Kentucky, to 300 months in prison, followed by a life term of supervised release. As part of his sentence, Yeager was ordered to pay $92,620 in restitution to the victims and a $50,000 special assessment under the Amy, Vicky, and Andy Act. In March, Yeager pleaded guilty to one count of production of child pornography.
According to the plea agreement, in November 2020, the West Alabama Human Trafficking Task Force received a CyberTipline report from the National Center for Missing and Exploited Children related to acts of sextortion committed by Yeager towards a minor female. Yeager coerced and enticed the minor to send him nude photos of herself, and then he sold the photos online. When the minor would refuse to send more pictures, Yeager would threaten to send her nude photos to everyone in her contact list on social media. Further investigation revealed over 60 individual folders in Yeager’s Dropbox account that were labeled by female names and contained sexually explicit images and videos. FBI agents were able to positively identify and locate 19 minor females who had been contacted by Yeager to send pornographic photos.
FBI Birmingham’s Child Exploitation and Human Trafficking Task Force investigated the case along with FBI Louisville, Kentucky; the West Alabama Human Trafficking Task Force; and the University of Alabama Police Department. Assistant U.S. Attorney R. Leann White prosecuted the case.
The U.S. Attorney’s Office (USAO) and the National Children’s Advocacy Center (NCAC) have partnered and released a digital series to educate parents and caretakers about sextortion and how they can help prevent kids and teens from being victims. This series offers three-to-five-minute videos about current online safety topics and provides essential information about the true dangers of online activities.
The videos can be accessed from the following locations:
nationalcac.org/sextortion-prevention/
https://www.youtube.com/@nationalcac
If you suspect or become aware of possible sexual exploitation of a child, please contact law enforcement. To alert the FBI Birmingham Office, call 205-326-6166. Reports can also be filed with the National Center for Missing & Exploited Children (NCMEC) or online at www.cybertipline.org.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Former St. Francis of Assisi University Parish Employee Charged with Wire FraudRead the Press Release
BIRMINGHAM, Ala. – A former administrative assistant at St. Francis of Assisi University Parish in Tuscaloosa has been charged with embezzling money from the church, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Carlton L. Peeples.
A one-count Information filed this week in United States District Court charges Kristen Marie Battocletti, 35, with one count of wire fraud.
According to the Information, Battocletti engaged in a scheme to defraud St. Francis of Assisi University Parish from April to October 2023. St. Francis is part of the Catholic Diocese of Birmingham. Battocletti stole approximately $300,000 from St. Francis, using the funds to purchase more than $220,000 in TikTok Coins and to pay personal expenses. Battocletti used the TikTok Coins to send digital gifts to TikTok content creators.
According to the plea agreement, also filed this week, Battocletti has agreed to plead guilty to the charge. The Court will set a date for Battocletti to enter her guilty plea.
The maximum penalty for wire fraud is 20 years in prison, three years of supervised release, and a fine of $250,000.
The Federal Bureau of Investigation investigated the case. Assistant United States Attorney Edward J. Canter is prosecuting the case.
An Information contains only charges. A defendant is presumed innocent unless and until proven guilty.
U.S. Attorney’s Office Announces “Operation Flip the Switch” Aimed at Machinegun Conversion DevicesRead the Press Release
BIRMINGHAM, Ala. – Today, U.S. Attorney Prim Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Marcus Watson announced “Operation Flip the Switch,” an initiative targeting illegal machinegun conversion devices, colloquially known as “switches.”
“The violence that we are seeing in our communities is flagrant and unacceptable,” said U.S. Attorney Prim Escalona. “Machinegun conversion devices have no place in our community. Though small in size, a switch is deadly, and a lot of innocent people can be injured with one pull of the trigger. People should feel safe in their homes, neighborhoods, and public spaces. That is why we will use every tool in our toolbox to aggressively prosecute those who possess such deadly devices.”
“The proliferation of machinegun conversion devices adds another, even more deadly, layer to the firearms violence in our community” said Special Agent in Charge Marcus Watson. “These devices, in the wrong hands, can have catastrophic consequences. They easily convert handguns into fully automatic weapons that can fire a remarkable number of shots in a split second. They are an acute danger to our communities, illegal under federal law and a critical priority in our efforts to combat violent crime. Keeping these illegal firearms off the streets of Alabama and the citizens free from the fear of their usage is one of our highest priorities. ATF will continue to aggressively work with our partners to take these devices off the streets.”
About an inch long, auto sears, most commonly known as a Glock switch, may be made of metal or plastic and can be printed on commercially available 3D printers. The device fits onto the back of a Glock and allows the user to switch between semi-automatic and fully automatic. When engaged, the switch overrides the trigger mechanism to function as a machine gun.
The National Firearms Act classifies the switch itself as a machinegun.
At Thursday’s press conference, the U.S. Attorney announced that as part of Operation Flip the Switch, they are partnering with Crime Stoppers of Metro Alabama to combat the proliferation of these illegal devices.
Crime Stoppers of Metro Alabama will offer cash rewards for information resulting in a warrant being issued or an arrest being made of someone who possesses Glock Switches or 3D printers being used to manufacture them. To be eligible for cash rewards, tipsters must provide information to Crime Stoppers of Metro Alabama. Tipsters can call 205-254-7777. Alternatively, Crime Stoppers of Metro Alabama encourages you to go to their website to submit a tip or click to download their P3 app. Tips can be submitted 24 hours a day, and all tipsters are anonymous.
Operation Flip the Switch falls under the umbrella of Project Safe Neighborhoods, a nationwide initiative that brings together federal, state, local, and tribal law enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them.
Alabama Man Pleads Guilty to Violating Iran SanctionsRead the Press Release
BIRMINGHAM, Ala. – Ray Hunt, also known as Abdolrahman Hantoosh, Rahman Hantoosh and Rahman Natooshas, 70, of Owens Cross Roads, pleaded guilty today to conspiracy to export U.S.-origin goods to the Islamic Republic of Iran in violation of trade sanctions.
According to court documents, in May 2014, Hunt registered Vega Tools, LLC with the Alabama Secretary of State, listing the nature of the business as “the purchase/resale of equipment for the energy sector.” He operated Vega Tools, including purchasing, receiving, and shipping U.S.-origin goods, from locations in Madison County, Alabama. Beginning at least as early as 2015, Hunt conspired with two Iranian companies located in Tehran, Iran, to illegally export U.S.-manufactured industrial equipment for use in Iran’s oil, gas, and petrochemical industries.
Hunt engaged in a series of deceptive practices to avoid detection by U.S. authorities, including using third-party transshipment companies in Turkey and the United Arab Emirates (UAE) and routing payments through UAE banks, as well as lying to shipping companies about the value of his exports to prevent the filing of Electronic Export Information to U.S. authorities. Hunt lied to suppliers and shippers by claiming the items he purchased on behalf of the Iranian co-conspirators were destined for end-users in Turkey and UAE, while knowing the exports were ultimately destined for Iran. Hunt lied also to U.S. Customs and Border Patrol officers regarding the nature and existence of his business when questioned upon his return from a March 2020 trip to Iran.
Hunt pleaded guilty to a conspiracy charge and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Department of Commerce Bureau of Industry and Security is investigating the case with valuable assistance provided by the FBI.
Assistant U.S. Attorneys Jonathan “Jack” Harrington, Jonathan Cross, and Henry Cornelius and Trial Attorneys Emma Ellenrieder and Adam Barry of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
Alabama Man Pleads Guilty to Violating Iran SanctionsRead the Press Release
Ray Hunt, also known as Abdolrahman Hantoosh, Rahman Hantoosh and Rahman Natooshas, 70, of Owens Cross Roads, Alabama, pleaded guilty today to conspiracy to export U.S.-origin goods to the Islamic Republic of Iran in violation of trade sanctions.
According to court documents, in May 2014, Hunt registered Vega Tools LLC with the Alabama Secretary of State, listing the nature of the business as “the purchase/resale of equipment for the energy sector.” He operated Vega Tools, including purchasing, receiving and shipping U.S.-origin goods, from locations in Madison County, Alabama. Beginning at least as early as 2015, Hunt conspired with two Iranian companies located in Tehran, Iran, to illegally export U.S.-manufactured industrial equipment for use in Iran’s oil, gas and petrochemical industries.
Hunt engaged in a series of deceptive practices to avoid detection by U.S. authorities, including using third-party transshipment companies in Turkey and the United Arab Emirates (UAE) and routing payments through UAE banks, as well as lying to shipping companies about the value of his exports to prevent the filing of electronic export information to U.S. authorities. Hunt lied to suppliers and shippers by claiming the items he purchased on behalf of the Iranian co-conspirators were destined for end users in Turkey and UAE, while knowing the exports were ultimately destined for Iran. Hunt lied also to U.S. Customs and Border Patrol officers regarding the nature and existence of his business when questioned upon his return from a March 2020 trip to Iran.
Hunt pleaded guilty to a conspiracy charge and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Prim F. Escalona for the Northern District of Alabama, Assistant Secretary of Commerce for Export Enforcement Matthew S. Axelrod and Executive Assistant Director Robert Wells of the FBI National Security Branch made the announcement.
The Department of Commerce Bureau of Industry and Security is investigating the case with valuable assistance provided by the FBI.
Assistant U.S. Attorneys Jonathan “Jack” Harrington, Jonathan Cross and Henry Cornelius for the Northern District of Alabama and Trial Attorneys Emma Ellenrieder and Adam Barry of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
Convicted Felon Sentenced to Eleven Years in Prison on Drug and Gun ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal judge sentenced a convicted felon on drug and gun charges, announced U.S. Attorney Prim F. Escalona and Homeland Security Investigations (HSI) Special Agent in Charge Katrina W. Berger.
U.S. District Court Judge Madeline H. Haikala sentenced Allen H. Davis, also known as “Big Homie,” 46, of Midfield, to 132 months in prison. In March, Davis pleaded guilty to distribution of methamphetamine; possession of methamphetamine with intent to distribute; possession of fentanyl, heroin, and cocaine with intent to distribute; and felon in possession of a firearm.
According to the plea agreement, in February 2023, HSI and the Alabama Law Enforcement Agency began investigating Davis for suspected fentanyl distribution. On March 23, 2023, agents located Davis at a residence in Midfield and executed a search warrant that day. During the search, agents found methamphetamine, heroin, fentanyl, and cocaine base. Agents also found a Taurus 9mm pistol with an extended high-capacity magazine and a Zastava Arms pistol. Both firearms were fully loaded.
HSI investigated the case, along with the Alabama Law Enforcement Agency. Assistant U.S. Attorney Benjamin A. Keown, Sr. prosecuted the case.
Pennsylvania Man Convicted of Conspiring to Launder Cybercrime Fraud ProceedsRead the Press Release
Birmingham, Ala. – A jury has convicted a recidivist money launderer from Pennsylvania for his role in an international money laundering conspiracy, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Carlton Peeples.
The jury returned a guilty verdict against Toochukwu Michael Okorie, 46, of Bristol, Pennsylvania, after three days of testimony and argument before U.S. District Court Judge L. Scott Coogler. Okorie was convicted of conspiracy to commit money laundering. Okorie had previously been convicted of wire fraud and money laundering in the Eastern District of Pennsylvania in 2011.
“This conviction shows that juries see through money launderers’ attempts to disguise the movement of fraud proceeds as legitimate business transactions,” U.S. Attorney Escalona said. “My office will continue to prosecute those who knowingly help move fraud proceeds, especially those who’ve been previously convicted of fraud and money laundering.”
“Individuals who engage in this type of illegal activity continue to refine and develop new ways to launder ill-gotten proceeds and play a significant role in the circle of criminal activity which continues to plague our communities,” said Special Agent in Charge Carlton Peeples of the Birmingham Division. “The FBI will continue to work with our law enforcement partners, the public and private sector, and communities, to aggressively pursue those engaged in money laundering and hopes this sentence serves as a warning to others.”
According to evidence presented at trial, from June 2017 through May 2019, Okorie helped launder hundreds of thousands of dollars in fraud proceeds through two front companies: TMO Consulting LLC and Collective Intelligence Forensics LLC. During the conspiracy, Okorie and his co-conspirators would receive wire transfers from business email compromise, romance scam, and other frauds—including from victims in the Northern District of Alabama. Okorie and his co-conspirators would then move the fraud proceeds among bank accounts in an effort to disguise their origin and conceal their fraudulent nature. After paying themselves a commission, members of the conspiracy would ultimately wire the proceeds to bank accounts in Nigeria or use them to purchase automobiles that were shipped overseas.
U.S. District Court Judge Anna M. Manasco previously sentenced two other individuals involved in the money laundering conspiracy: On January 20, 2022, Paulinus Ebhodaghe, 40, of Clementon, New Jersey, was sentenced to 37 months in prison; and Ohimai Asikhia, 37, of Glassboro, New Jersey, was sentenced to 18 months in prison.
The maximum penalty for conspiracy to commit money laundering is 10 years in in prison.
The FBI investigated the case. Assistant U.S. Attorneys Edward J. Canter and John M. Hundscheid are prosecuting the case.
The U.S. Secret Service Cyber Fraud Task Force provided assistance during the investigation.
For more resources on cybercrime, visit www.ic3.gov.
Trussville Man Sentenced in Multi-Million-Dollar Health Care Fraud CaseRead the Press Release
BIRMINGHAM, Ala. – Another man has been sentenced in a series of cases involving multi-million-dollar health care fraud and kickback conspiracies, announced U.S. Attorney Prim F. Escalona; Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples; and U.S. Department of Health and Human Services, Office of Inspector General, Special Agent in Charge Tamala E. Miles.
“This was a crime of greed and indifference to the consequences of the actions to the overall health system,” said U.S. Attorney Prim Escalona. “The crime cost insurers millions of dollars, and it exploited vulnerable patients trying to get appropriate medical care, not run up the tab on insurance. We will continue to fight hard to keep our community safe from serious crimes like this one.”
“Health care fraud is not a victimless crime. It costs U.S. taxpayers millions of dollars every year. It can raise health insurance premiums, expose patients to unnecessary medical procedures, and increase taxes,” said James DeLoatch, Acting Special Agent in Charge of the FBI Birmingham Division. “The FBI is committed to coordinating with our partners and aggressively pursuing those who take advantage of others for their personal gain. This sentencing should serve as a warning to others who might engage in these types of schemes.”
“Kickback arrangements can compromise medical decisions and threaten the integrity of federally funded health care programs,” said Tamala E. Miles, Special Agent in Charge at the U.S. Department of Health and Human Services Office of Inspector General. “Today’s sentence exemplifies our commitment to protecting taxpayer-funded health care programs and the patients they serve.”
Earlier this week, U.S. District Court Judge L. Scott Coogler sentenced John Alan Robson, 41, of Trussville, to 56 months in prison. Robson was also ordered to pay forfeiture of about $1.1 million, and restitution of about $5.3 million. In February 2024, Robson pleaded guilty to health care fraud conspiracy related to his work with Brian Bowman, James Ray, and others.
According to Robson’s plea agreement, Robson knew that insurers would not pay for items or services that had been ordered based on kickbacks or that were medically unnecessary for a patient. Yet Robson received kickbacks—from specialty pharmacies, a nerve conduction testing company, and brace suppliers—to generate medically unnecessary orders and prescriptions from doctors’ offices that would be billed to insurance and reimbursed at high rates.
For example, Robson marketed nerve conduction testing to medical providers for a Huntsville-based company called QBR or Diagnostic Referral Community. QBR paid those providers a flat fee (for example, $50) for each test they ordered that insurance paid for. QBR paid Robson a flat fee for each of those tests, too. QBR paid one of Robson’s medical practices more than $100,000 in per-test kickbacks.
As another example, Robson marketed high-reimbursing topical creams—such as pain creams and scar creams—to providers on behalf of specialty pharmacies like Global Compounding Pharmacy and Watson Rx Solutions. Robson was paid lucrative commissions on the cream prescriptions that he and his team generated and insurance paid for. Robson got prescriptions for himself and family members regardless of whether those topical creams were medically necessary for the patients. Robson and other sales reps got blank pre-signed prescriptions from medical providers, filled out the prescriptions to make sure insurance would pay for them, and even selected the drugs or drug formulations to make sure insurance would pay for them. Robson admitted that federal insurance programs paid millions of dollars for medically unnecessary prescriptions for which Robson, Ray, and Bowman received commissions.
This case is the latest in a series of cases involving health care fraud and kickbacks through pain clinics, specialty pharmacies, and a nerve conduction company in north Alabama.
The FBI and HHS-OIG investigated this case. Assistant U.S. Attorneys J.B. Ward and Don Long prosecuted the case.
See related press here:
https://www.justice.gov/usao-ndal/pr/medical-sales-rep-and-former-pain-clinic-owner-sentenced-related-multi-million-dollar
https://www.justice.gov/usao-ndal/pr/pain-clinic-owners-sentenced-unlawfully-distributing-opioids-and-multimillion-dollar
https://www.justice.gov/usao-ndal/pr/etowah-pain-clinic-owner-pleads-guilty-multi-million-dollar-kickback-and-health-care
https://www.justice.gov/usao-ndal/pr/multiple-defendants-sentenced-major-compounding-pharmacy-fraud-conspiracy
https://www.justice.gov/usao-ndal/pr/new-hope-man-sentenced-his-role-multi-million-dollar-kickback-and-health-care-fraud
Convicted Felon Sentenced to Seven Years in Prison for Illegal Gun PossessionRead the Press Release
BIRMINGHAM, Ala. – A federal judge sentenced a convicted felon for illegal possession of a firearm, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
Chief U.S. District Court Judge R. David Proctor sentenced Peter Lewis Gupton, 41, of Birmingham, to 84 months in prison. In March, Gupton pleaded guilty to being a felon in possession of a firearm.
According to the plea agreement, on February 23, 2023, Birmingham police officers went to the scene of reported gunshots in Woodlawn. Gupton fled the scene on foot. One of the officers found Gupton hiding behind a dumpster and detained him. Gupton led officers to a loaded SCCY 9mm pistol he had hidden behind a bush at the Christ Health Center. The pistol had been reported stolen. Officers also found a 9mm shell casing near the area of the shooting.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.
The ATF investigated the case along with the Birmingham Police Department. Assistant U.S. Attorney Daniel S. McBrayer prosecuted the case.
Birmingham Home Builder Sentenced for $1.2 Million-Dollar FraudRead the Press Release
BIRMINGHAM, Ala. – A Birmingham-area man has been sentenced for defrauding more than a dozen victims whose homes he had promised to build, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.
U.S. District Judge Annemarie Carney Axon sentenced Cecil Wayne Sanford, 58, of Birmingham, to 58 months in prison. Sanford was also ordered to pay forfeiture and restitution of about $1.27 million. In April 2024, Sanford pleaded guilty to wire fraud.
According to the plea agreement, Sanford was a residential builder in Alabama who operated through his business, Stone Pointe Builders, LLC. Between 2020 and early 2022, more than a dozen victims in the Birmingham area contracted with Sanford to build their homes and paid Sanford substantial sums of money (tens of thousands of dollars or more). Yet the victims saw little or no work done despite Sanford’s representations, draws on their construction loans, and invoices for construction-related expenses. Sanford made statements to victims about how their funds would be used and then spent the money in other ways. In February 2022, days after closing with a family on a construction contract and collecting more than $27,000 from the family as a down payment, Sanford moved $10,000 into his personal bank account, withdrew it, abruptly closed the business, and left town.
The FBI investigated the case. . The Alabama Home Builders Licensure Board assisted in the investigation. Assistant U.S. Attorney J. B. Ward prosecuted the case.
Justice Department Files Statement of Interest Reiterating Prison Officials’ Duty to Protect Incarcerated People from HarmRead the Press Release
The Justice Department filed a statement of interest last week in a lawsuit brought in the U.S. District Court for the Northern District of Alabama alleging that conditions in an Alabama state prison violate the Constitution. The statement explains that, under the Eighth Amendment, prison officials must respond reasonably when they know people in their custody face a substantial risk of serious harm, including harm from other incarcerated people.
“The Constitution requires prison officials to take reasonable steps to protect the people in their custody,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We must not allow violence and sexual abuse to run rampant in our prisons and jails. We are committed to securing the constitutional rights of all people, including those who are incarcerated.”
The plaintiffs in Duke v. Hamm allege that prisoner-on-prisoner violence and sexual assault are commonplace at St. Clair Correctional Facility (St. Clair) in Springville, Alabama. They also allege that correctional officers regularly use excessive force on incarcerated people at St. Clair. The plaintiffs contend prison officials know that prisoners at St. Clair face a substantial risk of harm but have failed to take reasonable measures to address this risk, in violation of the Eighth Amendment.
“People do not lose their constitutional rights behind prison walls,” said U.S. Attorney Prim F. Escalona for the Northern District of Alabama. “Our office remains committed to ensuring constitutional conditions, including reasonable safety, within Alabama’s prisons.”
The department’s statement of interest clarifies the appropriate standards under the Eighth Amendment. A high level of violence in a prison puts inmates at a substantial risk of serious harm. The Eighth Amendment requires prison officials to respond reasonably to this risk when they become aware of it. The department’s statement notes that when prison officials continue ineffective measures and disregard available alternatives to mitigate the risk of harm, they are not complying with their constitutional requirement to respond reasonably.
For more information on the Civil Rights Division please visit www.justice.gov/crt. Additional information about the Civil Rights Division’s work regarding correctional facilities is available at www.justice.gov/crt/rights-persons-confined-jails-and-prisons.
Birmingham Man Sentenced to More than Five Years for Unlawfully Possessing U.S. Postal Service Key and Possession of Stolen MailRead the Press Release
HUNTSVILLE, Ala. – A federal judge sentenced a Birmingham man on charges of possession of stolen mail and unlawful possession of U.S. Postal Service (USPS) keys, announced U.S. Attorney Prim F. Escalona and U.S. Postal Inspection Service Inspector-in-Charge Scott D. Fix, Houston Division.
U.S. District Court Judge Anna Manasco sentenced Derrell Allen Matthews, 27, to 63 months in prison. In February, Matthews pleaded guilty to conspiracy, paying a bribe to a public official, possession of U.S. Postal Service keys, stolen or reproduced, bank fraud and possession of stolen mail.
U.S. District Court Judge Anna Manasco previously sentenced two other defendants involved in the scheme:
Keaundria Janae Gresham, 30, of Pleasant Grove, was sentenced to 12 months in prison for conspiracy, public official accepting a bribe and possession of U.S. Postal Service keys, stolen, or reproduced.
Steven Cornelius Hudson, Jr, 34, of Bessemer, was sentenced to 36 months of probation for possession of stolen mail. According to Hudson’s plea agreement, Matthews paid him to drive him around.
According to court documents, between August 2022 and April 2023, Matthews used stolen USPS keys to steal mail from several blue collection boxes in Hoover, Alabama. Matthews purchased the USPS keys from Greshman. Greshman was employed by the United States Postal Service as a letter carrier and was assigned to a U.S. Post Office in Birmingham. She used her position to provide unauthorized USPS keys to Matthews. In October 2022, Matthews was found in possession of a USPS key, stolen checks, counterfeit checks, blank checks, stock printers and more than 350 stolen, altered, or counterfeit checks totaling over $1 million dollars. Between October 2021 and May 2023, Matthews deposited altered or counterfeit checks by ATM or mobile deposit into co-conspirator’s bank accounts. Matthews took a portion of the deposited amount for himself and left a portion in the account or paid the person by other means.
In April 2023, postal inspectors and Shelby County Sheriff’s deputies observed Matthews open two blue collection boxes at the Meadowbrook Post Office. Matthews removed mail from the boxes and put it in the front seat of his vehicle. Deputies conducted a traffic stop on the vehicle. The driver, Hudson, Jr. and the passenger, Matthews, were arrested.
If you like to report United States Postal Service mail theft or other crimes committed through or towards the United States Postal Service, please contact the United States Postal Inspection Service at 1-877-876-2455 or https://www.uspis.gov/report.
U.S. Postal Inspection Service, along with the Shelby County Sheriff’s Office investigated the case. Assistant U.S. Attorney Daniel McBrayer prosecuted the case.
Native of El Salvador Sentenced for Illegal Re-Entry After DeportationRead the Press Release
BIRMINGHAM, Ala. – A federal judge sentenced a native of El Salvador for illegal re-entry into the United States, announced U.S. Attorney Prim F. Escalona and Homeland Security Investigations (HSI) Special Agent in Charge Katrina W. Berger.
U.S. District Court Judge Anna Manasco sentenced Juan Carlos Portillo, also known as Jose Alberto Zamora Zamora, Jose Alberto Lopez, Jose Alberto Zamora-Penate, Juan Alberto Zamora-Zamora, and Jose Adalberto Lopez-Lopez, 30, to the statutory maximum sentence of 24 months in prison. In February, Portillo pleaded guilty to one count of illegal re-entry after deportation.
According to the plea agreement, in July 2023, Homeland Security Investigations Enforcement and Removal Operations (ERO) Birmingham received a tip from ERO San Salvador that Portillo was allegedly residing with one of his sisters, in Columbiana, Alabama. In August 2023, HSI ERO received information that Portillo was at a residence in Chelsea, Alabama, working as a subcontractor. HSI agents searched the residence and found Portillo inside. Portillo was taken into custody.
According to HSI, Portillo is currently wanted in El Salvador and has a total of six arrest warrants for aggravated kidnapping, attempted aggravated homicide, illicit association, aggravated extortion, terrorist organization, deprivation of liberty and aggravated homicide. ERO San Salvador reported that Portillo is the alleged leader of one of the most violent cliques of the MS-13 gang in El Salvador. INTERPOL has also issued a Red Notice on Portillo.
HSI ERO investigated the case. Assistant U.S. Attorney Gregory R. Dimler prosecuted the case.
Jefferson County Man Sentenced for Conspiracy to Smuggle Controlled Substances into William E. Donaldson Correctional FacilityRead the Press Release
BIRMINGHAM, Ala – A federal judge sentenced a Birmingham-area man for his role in a conspiracy to smuggle methamphetamine and heroin into the William E. Donaldson Correctional Facility, announced U.S. Attorney Prim F. Escalona and Drug Enforcement Administration Special Agent in Charge Steven L. Hofer.
U.S. District Court Judge Madeline H. Haikala sentenced Adam Demond Andrews, 35, of Birmingham, to 132 months in in prison. In February 2024, Andrews pleaded guilty to conspiracy to distribute controlled substances, including methamphetamine and heroin.
According to the plea agreement, Andrews repeatedly smuggled controlled substances and other contraband into Alabama Department of Corrections (“ADOC”) facilities.
On March 20, 2022, ADOC received information that individuals were trespassing on state property at Donaldson Correctional Facility. ADOC officers responded to the area and observed four suspects on the southwest side of the facility. After being confronted by ADOC officers, the people dropped multiple bags containing contraband on the ground and fled into a wooded area near the facility. The bags contained 60.71 grams of a mixture containing a detectable amount of heroin, cocaine, fentanyl, and Delta-Nine-Tetrahydrocannabinol, and 1406.1 grams of methamphetamine. ADOC officers also recovered a pistol, ammunition, an extended magazine, pocketknives, a canister of pepper spray, prescription medication used to treat opioid use disorder, marijuana, THC gummies, cell phones, cell phone chargers, cell phone cables, a mobile hotspot, memory cards, SIM cards, scales, lighters, cigarillos, cigar wrappers, shoes, jewelry, and watches. Later that same day, ADOC officers apprehended Andrews near the entrance to Donaldson.
The charges against Andrews are related to a larger investigation into fraud and corruption at Donaldson. Link to the related cases: https://www.justice.gov/usao-ndal/pr/member-gangster-disciples-sentenced-235-months-prison-role-wide-ranging-prison-based
The Drug Enforcement Administration investigated the case against Andrews with assistance of the U.S. Secret Service and ADOC’s Law Enforcement Services Division. Assistant U.S. Attorneys Edward J. Canter and John M. Hundscheid prosecuted the case.
Justice Department Files Statements of Interest in Two Voting Access LawsuitsRead the Press Release
The Justice Department today announced that it has filed statements of interest in federal courts in Ohio and Alabama to promote the correct and uniform interpretation of voting laws guarding the rights of voters with disabilities. The statements of interest are part of the Justice Department’s continuing nationwide efforts to ensure that the voting rights of all individuals, including people with disabilities, are protected.
“No voter should be denied access to the ballot based on a disability,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The right to vote is fundamental to our democracy, and the Justice Department will take action to safeguard that right for all eligible voters, including those with disabilities who need assistance casting absentee ballots.”
Private plaintiffs brought lawsuits in Ohio (League of Women Voters of Ohio v. LaRose) and Alabama (Alabama State Conference of the NAACP v. Marshall) challenging state laws that restrict how voters with disabilities may receive assistance, or from whom they may receive assistance, in casting an absentee ballot. The Justice Department’s statements of interest confirm that Section 208 of the Voting Rights Act permits voters with disabilities who require assistance to receive that assistance from any person they choose, so long as that person is not an agent of the voter’s employer or union. Allowable assistance includes all action necessary to make their vote effective, including casting an absentee ballot. The department’s statement of interest in Ohio also affirms that Title II of the Americans with Disabilities Act (ADA) requires public entities provide equal opportunities to vote absentee and allows voters with disabilities to use an assistor of their choice as a reasonable modification.
“Every Ohio resident, disabled or not, has a fundamental right to vote. Ohio residents with disabilities should have the access and assistance they need to exercise that basic right of citizenship,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “The Americans with Disabilities Act ensures that individuals with disabilities are provided reasonable modifications to undertake their ability to vote. Our office will continue its work to secure the ADA’s protections for Ohio’s residents.”
“Every citizen has the right to vote without discrimination and to have that vote counted in a fair and free election,” said U.S. Attorney Prim Escalona for the Northern District of Alabama. “It is important that those who have specific information about voter discrimination make that information available to my office, the FBI or the Civil Rights Division. The Justice Department will always work tirelessly to protect the integrity of the election process.”
More information about voting and elections is available on the Justice Department’s website at www.justice.gov/voting. More information about the ADA and the Justice Department’s enforcement of the rights of people with disabilities is available at www.ada.gov. To learn more about the Civil Rights Division visit www.justice.gov/crt and to report possible violations of federal voting rights laws go to www.civilrights.justice.gov or call toll-free at 800-253-3931.
Justice Department Files Statements of Interest in Two Voting Access LawsuitsRead the Press Release
The Justice Department today announced that it has filed statements of interest in federal courts in Ohio and Alabama to promote the correct and uniform interpretation of voting laws guarding the rights of voters with disabilities. The statements of interest are part of the Justice Department’s continuing nationwide efforts to ensure that the voting rights of all individuals, including people with disabilities, are protected.
“No voter should be denied access to the ballot based on a disability,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The right to vote is fundamental to our democracy, and the Justice Department will take action to safeguard that right for all eligible voters, including those with disabilities who need assistance casting absentee ballots.”
Private plaintiffs brought lawsuits in Ohio (League of Women Voters of Ohio v. LaRose) and Alabama (Alabama State Conference of the NAACP v. Marshall) challenging state laws that restrict how voters with disabilities may receive assistance, or from whom they may receive assistance, in casting an absentee ballot. The Justice Department’s statements of interest confirm that Section 208 of the Voting Rights Act permits voters with disabilities who require assistance to receive that assistance from any person they choose, so long as that person is not an agent of the voter’s employer or union. Allowable assistance includes all action necessary to make their vote effective, including casting an absentee ballot. The department’s statement of interest in Ohio also affirms that Title II of the Americans with Disabilities Act (ADA) requires public entities provide equal opportunities to vote absentee and allows voters with disabilities to use an assistor of their choice as a reasonable modification.
“Every Ohio resident, disabled or not, has a fundamental right to vote. Ohio residents with disabilities should have the access and assistance they need to exercise that basic right of citizenship,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “The Americans with Disabilities Act ensures that individuals with disabilities are provided reasonable modifications to undertake their ability to vote. Our office will continue its work to secure the ADA’s protections for Ohio’s residents.”
“Every citizen has the right to vote without discrimination and to have that vote counted in a fair and free election,” said U.S. Attorney Prim Escalona for the Northern District of Alabama. “It is important that those who have specific information about voter discrimination make that information available to my office, the FBI or the Civil Rights Division. The Justice Department will always work tirelessly to protect the integrity of the election process.”
More information about voting and elections is available on the Justice Department’s website at www.justice.gov/voting. More information about the ADA and the Justice Department’s enforcement of the rights of people with disabilities is available at www.ada.gov. To learn more about the Civil Rights Division visit www.justice.gov/crt and to report possible violations of federal voting rights laws go to www.civilrights.justice.gov or call toll-free at 800-253-3931.
Two Individuals Plead Guilty to Health Care Fraud ConspiracyRead the Press Release
HUNTSVILLE, Ala. – A former doctor and her wife pleaded guilty today to crimes involving the medical practice they ran in north Alabama for many years. United States Attorney Prim Escalona, FBI Special Agent in Charge Carlton Peeples, Drug Enforcement Administration Special Agent in Charge Steven L. Hofer, and Special Agent in Charge Tamela Miles of the Department of Health and Human Service Office of the Inspector General Atlanta Region made the announcement.
Francene Aretha Gayle, 50, of Apopka, Florida, pleaded guilty before U.S. District. Judge Liles Burke to five counts of unlawful drug distribution, one count of health care fraud conspiracy, and one count of wire fraud conspiracy. Gayle’s wife, Schara Monique Davis, 48, also of Apopka, pleaded guilty to one count of health care fraud conspiracy and one count of wire fraud conspiracy.
According to the defendants’ plea agreements, between about 2014 and early 2020, Gayle was a doctor who operated a multi-clinic practice in Huntsville, Athens, and Killen. Davis owned the practice and served as business manager. In 2019, the Killen clinic shut down. In March 2020, the Alabama Medical Licensure Commission revoked Gayle’s license, and the other two clinics closed shortly after that.
Gayle admitted that she had unlawfully distributed drugs, including oxycodone, hydrocodone, and methadone.
Gayle and Davis both admitted to having conspired to commit health care fraud for several years by billing insurers for office visits under Gayle’s name even when she did not see the patients, was not in the same building, and sometimes was not in the same town. The defendants knew that the billing scheme was fraudulent. In 2015, Blue Cross Blue Shield of Alabama audited the practice and discovered that Gayle was absent, other staff were seeing patients, and yet all office visits were being billed under Gayle’s name. Blue Cross flagged the issue, and Gayle promised it would stop. Instead, the practice continued fraudulently billing insurers for office visits for the next four years. In total, between 2015 and 2020, Medicare, Medicaid, and Blue Cross paid more than $2.3 million for office visits billed under Gayle’s name.
Gayle and Davis both also admitted to having conspired to commit wire fraud. In March 2020, based on concerns about her prescribing and billing practices, Gayle’s Alabama medical license was revoked. Months later, Gayle and Davis applied for and obtained more than $450,000 in COVID-19 disaster relief funds through the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program. Those funds were designed to stabilize businesses struggling because of the pandemic. In their funding applications, Gayle and Davis certified that their medical practice needed the money because of economic uncertainty or injury caused by the pandemic. In reality, Gayle and Davis’s practice had closed, and they used COVID-19 funds they received on other things.
The maximum penalty for unlawful drug distribution is twenty years in prison. The maximum penalty for health care fraud conspiracy is ten years in prison. The maximum penalty for wire fraud conspiracy is twenty years in prison.
The FBI, DEA, and HHS-OIG investigated the case. The Medicaid Fraud Control Unit of the Alabama Attorney General’s Office provided exceptional investigative assistance after the Alabama Medicaid Agency’s Program Integrity Division initiated the case and referred it. Assistant U.S. Attorneys J.B. Ward and Ryan Rummage are prosecuting the case.