Northern District of Alabama
Press releases recorded for this federal judicial district.
Career Offender Sentenced to More Than 26 Years in Prison on Drug Trafficking ChargesRead the Press Release
HUNTSVILLE, Ala. – A federal judge today sentenced an Athens man on drug charges, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.
U.S. District Court Judge Liles Burke sentenced Eric Cordelle Bass, 35, of Athens, to 322 months in prison. Bass pleaded guilty in February 2023 to two counts of possession with intent to distribute methamphetamine and one count of possession of a firearm in furtherance of a drug trafficking crime. Bass is a Career Offender based on prior felony convictions. The sentence reflects his status as a Career Offender.
“This sentence sends a message that armed drug dealers will face stiff consequences in the Northern District of Alabama,” said U.S. Attorney Escalona. “I am grateful to the FBI and Limestone County Sheriff’s Office whose efforts ensured that this career offender was brought to justice.”
According to the plea agreement, the Limestone County Sheriff's Office Narcotics Unit executed a search warrant at Bass’ residence on October 28, 2021. In Bass’ bedroom, investigators found approximately one pound of methamphetamine and two firearms. In addition, on March 16, 2022, Bass was found to be in possession of a bag containing methamphetamine and a firearm. Bass attempted to bribe the officers after the methamphetamine was discovered.
The FBI investigated the case along with the Limestone County Sheriff’s Office. Assistant U.S. Attorney John M. Hundscheid prosecuted the case.
Former Surgical Practice Administrator Sentenced to 26 Months in Prison for Embezzling More than a Million DollarsRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Shelby County woman for stealing more than a million dollars from the surgical practice where she had worked for fifteen years, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.
U.S. District Court Judge Karon O. Bowdre sentenced Betty Jo “BJ” Latsis, 58, of Birmingham to 26 months in prison followed by three years of supervised release. As a condition of the plea agreement she signed last year, Latsis was required to pay $400,000 back to her victims by the time of sentencing, which she did. At sentencing she was ordered to pay an additional $600,000 in restitution. Latsis pleaded guilty in January to an information charging one count of wire fraud.
According to the plea agreement, from 2005 until 2020, Latsis, a registered nurse, worked as office manager and administrator at Colon & Rectal Surgical Associates of Birmingham. Latsis handled bookkeeping and accounting functions for the practice, and she used that position of trust to steal money in a variety of ways. According to court documents, between 2013 and 2020 Latsis transferred hundreds of thousands of dollars from practice accounts to a PayPal account she controlled. She paid herself hundreds of thousands of dollars more than she was authorized to receive. She used practice funds to pay off her personal credit card bills and those of her spouse. She used credit card accounts in doctors’ names to pay personal expenses, including a “7 Night Northern European CityScapes” Royal Caribbean cruise for her and her spouse. And she used practice funds to pay her and her spouse’s personal expenses directly—car lease payments, life insurance premiums, and even an $8,000 home entertainment system from Best Buy. In all, Latsis admitting to stealing more than $1.1 million from the practice during her tenure there.
The FBI investigated the case. Assistant U.S. Attorney J.B. Ward prosecuted the case.
Convicted Felon Sentenced to Five Years and a Month in PrisonRead the Press Release
BIRMINGHAM, Ala. – A federal judge today 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.
U.S. District Court Judge Karon O. Bowdre sentenced Dantrell Dujuan Purifoy, 30, of Warrior, to 61 months in prison. Purifoy pleaded guilty to being a felon in possession of a firearm in January.
According to the plea agreement, on July 27, 2022, a Warrior police officer received a license plate reader report on a stolen vehicle. The officer saw Purifoy pull into a residence in Warrior. The officer recognized Purifoy from prior interactions with law enforcement. The officer exited the vehicle and held Purifoy at gunpoint. Purifoy backed his vehicle up, accelerated forward, and struck the officer’s driver’s side door, causing injury to the officer’s foot. Purifoy fled in the stolen vehicle and the officer pursued him. The pursuit ended when Purifoy lost control of the vehicle and ran off a cliff. Purifoy was able to escape the vehicle and fled on foot. The Warrior Police Department canine unit was deployed, and Purifoy was apprehended by the officers. Officers recovered a Taurus 9mm pistol from the vehicle.
Purifoy was prohibited from possessing a firearm because of prior felony convictions. Purifoy was convicted on November 8, 2017, in the Circuit Court of St. Clair County, Alabama, of the offense of Unlawful Possession of a Controlled Substance; convicted on February 26, 2018, in the District Court of Jefferson County, Alabama, of the offense of Certain Persons Forbidden to Possess Pistol; convicted on March 18, 2019, in the Circuit Court of Jefferson County, Alabama, of the offense of Receiving Stolen Property, First Degree; and convicted on August 5, 2019, in the Circuit Court of Blount County, Alabama, of the offenses of Burglary, Third Degree, and Theft of Property, Second Degree.
ATF investigated the case, along with the Warrior Police Department. Assistant U.S. Attorney Michael A. Royster is prosecuted the case.
Nine Members of Jefferson County Ring Affiliated with Jalisco New Generation Cartel Charged with Fentanyl Trafficking and Money Laundering OffensesRead the Press Release
BIRMINGHAM – A federal indictment unsealed on Wednesday charges nine defendants in a fentanyl trafficking and money laundering conspiracy based in Jefferson County, announced U.S. Attorney Prim F. Escalona, Drug Enforcement Administration Special Agent in Charge Brad L. Byerley, and Homeland Security Investigations Acting Special Agent in Charge Travis Pickard.
A seven-count indictment filed in U.S. District Court charges Juan Francisco Castaneda, aka Pariente, 40, Karol Carlota Del Castillo-Cardozo, aka Guerra, 40, of Wilsonville, Bryant Lamar Reynolds, aka Bear, 37, Preston Omar Chatman, aka Peno, 41, of Birmingham, Jose Lopez Flores, 44, of Birmingham, Cheryl Johnson, 57, of Pinson, and Francisco Del Castillo, aka Paco, 26, with conspiracy to distribute fentanyl between March 2022 and March 2023. The indictment further charges Castaneda, Castillo-Cardozo, Blanca Iris Ozuna, aka Flaca, 35, of Birmingham, and Juan Fidencio Lerma Gomez, 40, with conspiracy to commit money laundering of drug trafficking proceeds between March 2022 and March 2023.
The indictment includes special findings of the grand jury regarding the amount of fentanyl attributable to various defendants as part of the drug-trafficking conspiracy.
Castaneda, Flores, and Johnson are charged with conspiring to distribute 400 grams or more of a mixture and substance containing a detectable amount of fentanyl. This charge carries a maximum penalty of life in prison.
Castillo-Cardozo, Chatman, Reynolds, and Castillo is charged with conspiring to distribute 40 grams or more of a mixture and substance containing a detectable amount of fentanyl. This charge carries a maximum penalty of 40 years in prison.
Castaneda, Castillo-Cardozo, Reynolds, Chatman, Castillo, Flores, and Johnson are also charged with distribution of fentanyl.
Castaneda and Reynolds were already in custody serving state prison sentences. Castaneda is serving multiple life sentences for Murder in Bullock Correctional Facility. According to public records, Castaneda pleaded guilty to a multi-homicide in Shelby County in 2008, in which five individuals were murdered over a cartel debt. Reynolds is serving multiple life sentences for Murder in St. Clair Correctional Facility.
The indictment also seeks a money judgment in the amount of $700,000.
The maximum penalty for conspiracy and possession with intent to distribute a controlled substance is life in prison.
The maximum penalty for conspiracy to commit money laundering is 20 years in prison.
“The indictment represents a collaborative effort between multiple federal, state, and local law enforcement agencies to combat the scourge of fentanyl trafficking and organized crime in our communities,” said U.S. Attorney Prim Escalona. “The Organized Crime Drug Enforcement Task Force remains committed to stopping the flow of dangerous drugs into our neighborhoods by disrupting and dismantling criminal enterprises.”
“The DEA is committed to defeating the Jalisco New Generation Cartel and bringing to justice those members responsible for the trafficking of fentanyl and other dangerous illicit drugs” said DEA Assistant Special Agent in Charge Towanda Thorne-James. “DEA along with our federal, state, and local partners will continue to pursue all avenues to deny drug traffickers and money launderers the one thing they value the most – their profit.”
“This indictment sends a clear message to those that attempt to turn a profit by distributing poison in our communities that they will be held accountable to the fullest extent of the law,” said Acting Special Agent in Charge Travis Pickard, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Our community is a much safer place thanks to the tireless efforts of all our federal, state and local partners.”
The DEA and HSI investigated the case, along with assistance from the Internal Revenue Service, United States Marshals Service, United States Postal Inspection Service, Hoover Police Department, Birmingham Police Department, Bessemer Police Department, Jefferson County Sheriff’s Office, Alabama Department of Corrections, and Alabama Law Enforcement Agency. Assistant U.S. Attorneys Allison Garnett and Blake Milner are prosecuting the case.
This investigation is part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation “Wildcard.” OCDETF is an independent component of the U.S. Department of Justice. Established in 1982, OCDETF is the centerpiece of the Attorney General’s strategy to combat transnational-organized-crime and to reduce the availability of illicit narcotics in the nation by using a prosecutor-led, multi-agency approach to enforcement. OCDETF leverages the resources and expertise of its partners in concentrated, coordinated, long-term enterprise investigations of transnational organized crime, money laundering, and major drug trafficking networks.
An indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.
Leader of a Major Drug Trafficking Organization Operating in Jefferson County Indicted on Drug and Gun ChargesRead the Press Release
Birmingham, Ala. – A federal indictment unsealed on Monday charges the leader of a major drug trafficking organization and one of his lieutenants on drug and gun charges, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.
A ten-count indictment filed in the U.S. District Court charges Lumon Andre Layton, aka “Loom”, 49 , of Birmingham, and Cedric Lamar Nelson, aka as “Ced”, 36 , of Midfield, with conspiracy to possess with intent to distribute and distribution of heroin, fentanyl, methamphetamine, and cocaine, and distribution of fentanyl between March 2022 and January 2023.
Layton is also charged with five counts of possession with intent to distribute and distribution of heroin, fentanyl, methamphetamine, and cocaine, two counts of using and carrying a firearm during and in relation to drug trafficking crimes, and two counts of being a felon in possession of a firearm. Layton was convicted of Manslaughter on May 2, 2000, in the Circuit Court of Talladega County, Alabama, as well as several drug crimes in Jefferson County, Alabama, prior to 2000.
According to the indictment, on January 6, 2023, Jefferson County Sherriff deputies executed four search warrants on properties involved in the conspiracy. The deputies seized $1,088,000 from these properties, in addition to five firearms seized during the investigation.
The penalty for conspiracy to distribute methamphetamine and possession with intent to distribute or distribution of a controlled substance is a minimum mandatory penalty of ten years to life in prison. The maximum penalty for possession with intent to distribute or distribution of heroin, fentanyl, methamphetamine, and cocaine is life in prison. The penalty for using and carrying a firearm during and in relation to a drug trafficking crime is a minimum mandatory term of five years in prison up to life to run consecutive to any other count. The maximum penalty for being a felon in possession of a firearm is 15 years in prison.
The FBI and Jefferson County Sheriff’s Office investigated the case. Assistant U.S. Attorney Jonathan Cross is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty
Leader of Calhoun County-based Drug Trafficking Ring Sentenced to over 30 Years in PrisonRead the Press Release
ANNISTON, Ala. – A federal judge yesterday sentenced the leader of a methamphetamine trafficking conspiracy based in Calhoun County, announced U.S. Attorney Prim F. Escalona and Drug Enforcement Administration Special Agent in Charge Brad L. Byerley, and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
U.S. District Court Judge R. David Proctor sentenced Antonio Franchester Orr, aka Lil T, aka Tony, 47, of Eastaboga, to 372 months in prison. In January 2023, Orr pleaded guilty to conspiracy to possess with the intent to distribute methamphetamine, cocaine, heroin, and marijuana, possession with the intent to distribute methamphetamine and distribution of methamphetamine and attempt to possess with the intent to distribute methamphetamine, along with fifty-five counts of use of a telephone to commit a drug trafficking crime.
According to the plea agreement, Orr coordinated with a Mexican source of supply, using a broker out of an Alabama state prison, to obtain methamphetamine and other controlled substances and distribute them in the Calhoun County area. According to plea documents, Orr was responsible for possessing or attempting to possess over 30 kilograms of methamphetamine, and overseeing the distribution of various other substances, including cocaine, heroin, and marijuana. Over the course of the investigation, agents seized over 20 kilograms of methamphetamine, 1 kilogram of cocaine, multiple firearms, and bulk currency from members from Orr and other members of his drug trafficking organization.
“Armed drug traffickers will go to extreme lengths to profit from deadly drugs with no regard to the pain and devastation they cause our communities, and we will not tolerate it,” said U.S. Attorney Escalona. “We will continue to work with our law enforcement partners to target individuals who illegally possess firearms and push illegal and dangerous drugs in our communities.”
“This outstanding collaboration between federal and local law enforcement agencies illustrates the continuing unified goal to keeping our community safe,” said DEA Assistant Special Agent in Charge Thorne-James. “We are committed to investigating drug trafficking organizations that profit from the distribution of methamphetamine and other illegal and dangerous narcotics. The sentence imposed should be a warning to those thinking of polluting our communities with these addictive substances.
“The ATF worked collaboratively and tirelessly with our local, state, and federal law enforcement partners to arrest and charge the members of this criminal organization,” said ATF SAC Watson. “We will continue to use all of our resources to disrupt the illegal possession of firearms, distribution of narcotics, and other acts of violence within the communities that we serve.”
A total of 11 defendants have pleaded guilty to charges in the indictment returned in July 2022. The indictment was a result of a year-long Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation into the drug-trafficking enterprise based in Calhoun County. The task force identified acts in furtherance of the conspiracy committed by members of the organization over a period of six months. Six of the defendants have now been sentenced, and five remaining defendants await sentencing.
The DEA and the ATF investigated the case, along with assistance from the Anniston Police Department, Oxford Police Department, 7th Judicial Circuit Major Crimes Unit, Calhoun County District Attorney’s Office, Talladega County Drug and Violent Crime Task Force, Pell City Police Department, West Alabama Narcotics Task Force, Blount County Sheriff’s Department, and the Alabama National Guard Joint Counter Drug Task Force. Assistant U.S. Attorneys Allison Garnett and Blake Milner are prosecuting the case.
This investigation is part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation “Lengua Doble.” OCDETF is an independent component of the U.S. Department of Justice. Established in 1982, OCDETF is the centerpiece of the Attorney General’s strategy to combat transnational-organized-crime and to reduce the availability of illicit narcotics in the nation by using a prosecutor-led, multi-agency approach to enforcement. OCDETF leverages the resources and expertise of its partners in concentrated, coordinated, long-term enterprise investigations of transnational organized crime, money laundering, and major drug trafficking networks.
Three Individuals Charged with Unlawfully Possessing U.S. Postal Service Key and Possession of Stolen MailRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury yesterday indicted three individuals with possession of stolen mail and the unlawful possession of postal service keys, announced U.S. Attorney Prim F. Escalona and U.S. Postal Inspection Service Inspector-in-Charge Scott D. Fix, Houston Division.
A nine-count indictment filed in U.S. District Court charges Derrell Allen Matthews, 25, of Birmingham and Keaundria Janae Gresham, 30, of Pleasant Grove, with conspiracy. Matthews was also charged with paying a bribe to a public official, possession of U.S. Postal Service Keys, stolen or reproduced, and possession of stolen mail. Gresham was also charged with public official accepting a bribe and possession of U.S. Postal Keys, stolen or reproduced. Steven Cornelius Hudson, Jr, 34, of Bessemer, was charged with possession of stolen mail.
According to the indictment, Gresham was employed by the United States Postal Service (USPS) as a letter carrier and was assigned to a U.S. Post Office in Birmingham. Between July 2022 and November 2022, Gresham used her position to provide unauthorized access to a USPS Arrow Keys to Matthews in exchange for money. In October 2022, Matthews was found in possession of a postal service key and stolen mail. In April 2023, Matthews, along with co-defendant Hudson, Jr., was found in possession of a postal service key and stolen mail.
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.
The maximum penalty for conspiracy is five years in prison. The maximum penalty for unlawful possession of a postal service key is 10 years in prison. The maximum penalty for paying a bribe to a public official and a public official accepting a bribe is 15 years in prison. The maximum penalty for possession of stolen mail is five years in prison.
U.S. Postal Inspection Service investigated the case. Assistant U.S. Attorney Daniel McBrayer is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Convicted Felon Charged with Illegal Firearm PossessionRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury yesterday 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 two-count indictment filed in U.S. District Court charges Timothy Jabbar Wyatt, 31, of Clanton, with being a felon in possession of a firearm and possession of a firearm by a prohibited person who has been convicted of a misdemeanor crime of domestic violence.
According to the indictment, on January 15, 2023, Wyatt illegally possessed a Sundance .25 caliber pistol. Wyatt is prohibited from possessing a firearm because of prior felony convictions. Wyatt was convicted in the Circuit Court of Elmore County, in May 2006, of the offense of Obstructing Justice Using a False Identity; in the Circuit Court of Chilton County in October 2005, of the offense of Unlawful Possession of a Controlled Substance, and in October 2003, Criminal Mischief, First Degree. Wyatt was convicted in the Municipal Court of Prattville, Alabama, in May 2014, of a misdemeanor crime of Domestic Violence, Third Degree - Harassment.
The maximum penalty for being a felon in possession of a firearm is 15 years in prison.
ATF investigated the case, along with the Calera Police Department. Assistant U.S. Attorney Kristy Peoples is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Bureau of Prisons Corrections Officer Charged with Sexually Abusing Two Female InmatesRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury returned an indictment charging a Bureau of Prisons Corrections Officer with two counts of sexually abusing two female inmates at the Federal Correctional Institution in Aliceville, Alabama.
Specifically, the indictment alleges Robert D. Smith sexually abused two incarcerated persons – T.M. and R.-R-L. The indictment further alleges that Smith knowingly engaged in sexual acts with both persons who were, at the time, in official detention and under Smith’s custodial, supervisory, and disciplinary authority.
If convicted, Smith faces a maximum sentence of 15 years in prison on each charge, up to three years of supervised release and a fine of up to $250,000.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney Prim F. Escalona for the Northern District of Alabama made the announcement.
The Justice Department’s Office of the Inspector General investigated the case.
Assistant U.S. Attorney Robert O. Posey for the Northern District of Alabama and Trial Attorney Anna Gotfryd of the Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Etowah Pain Clinic Owner Pleads Guilty in Multi-Million-Dollar Kickback and Health Care Fraud CaseRead the Press Release
BIRMINGHAM, Ala. – Another individual has been convicted in the latest 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.
David Lyle Shehi, 42, of Rainbow City, pleaded guilty yesterday before Chief U.S. District Judge L. Scott Coogler to conspiracy to pay kickbacks and commit health care fraud.
According to the information and plea agreement, Shehi owned a pain management clinic in Rainbow City called Etowah Pain. Between 2016 and 2018, Shehi conspired with others to commit health care fraud, and to receive kickbacks in exchange for his medical practice’s ordering items or services that would be billed to Medicare and other health insurance programs. One of those services was electro-diagnostic testing provided by a Huntsville-based company called QBR, or Diagnostic Referral Community. According to the plea agreement, QBR paid Shehi, through the medical practice, a per-patient fee for tests ordered from QBR and reimbursed by insurance. The payments were disguised as hourly payments for the ordering physician’s time and staff’s time, but in reality, Shehi’s practice was paid on a per-patient basis.
Also, this week, a defendant in a related case was sentenced. Today, Judge Coogler sentenced Dr. Eric Beck, 64, of Huntsville, to 15 months in prison. Beck pleaded guilty last year to health care fraud conspiracy for his role in the QBR scheme.
In February, John Alan Robson, 40, of Trussville, was indicted in a related case for health care fraud conspiracy, kickback conspiracy, and kickbacks.
The cases against Shehi, Beck, and Robson are related to several other cases that have resulted in convictions. John Hornbuckle, 53, of Huntsville, pleaded guilty to health care fraud and kickback conspiracy offenses for his role, as QBR’s CEO, in orchestrating the fraud. James Ewing Ray, 52, of Gadsden, pleaded guilty to health care fraud and kickback conspiracy for his role as a sales rep who marketed QBR’s scheme to Shehi and other medical practices and received kickbacks per test ordered.
In March 2022, a jury convicted Dr. Mark Murphy, 66, and his wife Jennifer Murphy, 66, both of Lewisburg, Tennessee, of drug distribution, fraud, and kickback crimes. The Murphys operated North Alabama Pain Services, which closed its Decatur and Madison offices in early 2017. According to court documents and evidence presented at trial, the Murphys took kickbacks from QBR of more than a million dollars. In return, Dr. Murphy ordered electro-diagnostic tests from QBR for his patients, regardless of whether there was a medical need for those tests. Dr. Murphy also pre-signed prescriptions for expensive specialty topical creams, sprays, and patches, which patients then received whether they wanted the products or not. Before the Murphys went to trial, a co-defendant, Brian Bowman, 42, of Gadsden, pleaded guilty to health care fraud conspiracy. According to Bowman’s plea agreement, Bowman marketed QBR’s electro-diagnostic testing to medical providers, and was paid a fee for each test they ordered. Bowman received nearly a million dollars in fees from QBR. Bowman also marketed high-reimbursing specialty prescription drugs to the Murphys and other providers, and received payments for the prescriptions he generated.
Mark Murphy and Jennifer Murphy each were sentenced to twenty years in prison. Hornbuckle was sentenced to eighty months in prison. Ray and Bowman are awaiting sentencing. Other co-conspirators have already been sentenced.
The maximum penalty for conspiracy to commit health care fraud and receive kickbacks is five years in prison.
The FBI and HHS-OIG investigated the case. Assistant U.S. Attorneys J.B. Ward and Don Long are prosecuting the case.
Former Interiorscapes Bookkeeper Pleads Guilty to Embezzlement SchemeRead the Press Release
BIRMINGHAM, Ala. – The former bookkeeper for Interiorscapes, a small Birmingham-based business that offers plant services to a range of companies, has pleaded guilty to running a multi-year embezzlement scheme, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.
Tammi Spangenberg Turner, 60, of Morris, pleaded guilty yesterday before U.S. District Court Judge Karon O. Bowdre to wire fraud.
According to the plea agreement, Turner served as the bookkeeper at Interiorscapes from about 2015 until late 2021. Her duties included overseeing accounts payable and receivable, payroll, and entries in the company’s QuickBooks accounting software. During her tenure, Turner used a company credit card to pay tens of thousands of dollars of personal expenses. Turner hid her conduct by creating false entries in QuickBooks, writing personal checks to the company purportedly as reimbursement for the charges, keeping copies of those checks in the company records, but never depositing the checks in the company’s operating accounts. These unauthorized and unreimbursed charges totaled more than $94,000.
The maximum penalty for wire fraud is twenty years in prison, a fine of up to $250,000, and supervised release of up to three years.
The FBI investigated the case. Assistant U.S. Attorney J.B. Ward is prosecuting the case.
Convicted Felon Sentenced to More than Six Years in Prison on Gun and Drug ChargesRead the Press Release
ANNISTON, Ala. – A federal judge on Friday sentenced a convicted felon on gun and drug charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
U.S. District Court Judge Corey L. Maze sentenced Demarious Dupree Kirksey, 40, of Anniston, to 74 months in prison. Kirksey pleaded guilty to possession with intent to distribute 5 grams or more of methamphetamine and being a felon in possession of a firearm in October 2022.
According to the plea agreement, on April 13, 2019, an officer from the Anniston Police Department Street Crimes Unit was patrolling Glen Addie Homes due to recent complaints regarding drug activity. The officer observed Kirksey pull a clear plastic bag from his front left pocket and begin to make a marijuana cigarette in his lap. When the officer approached Kirksey, he attempted to flee. The officer grabbed the back of Kirksey’s shirt to stop him from getting away. The officer recovered a stolen Springfield 9mm pistol loaded with 17 rounds of ammunition from Kirksey’s front waistband. In Kirksey’s pocket, the officer recovered eleven individually wrapped bags containing “crack” cocaine, a plastic bag containing methamphetamine, and a plastic bag containing one acetaminophen pill and one oxycodone pill. Near where Kirksey had been seated, the officer found a clear plastic baggie containing marijuana.
ATF investigated the case along with assistance from the Anniston Police Department, and the 7th Judicial Major Crimes Unit. Assistant U.S. Attorney Kristy Peoples and John Camp prosecuted the case.
Honduran Man Sentenced to Two Years in Prison for Illegal Possession AmmunitionRead the Press Release
BIRMINGHAM, Ala. – A federal judge on Tuesday sentenced a Honduran man illegally residing in Birmingham for illegal possession of ammunition, announced U.S. Attorney Prim F. Escalona and U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent in Charge Katrina W. Berger.
U.S. District Court Judge Annmarie C. Axon sentenced Robert Ivan Salgado, 26, to 24 months in prison. Salgado pleaded guilty to one count of being an illegal alien in possession of ammunition in January 2023.
According to the plea agreement, on September 19, 2022, Salgado and the victim, his children’s mother, were arguing and he pulled a gun and shot her in the face. Salgado then transported the victim to Princeton Baptist Medical Center. Upon arrival, Birmingham Police officers were called to a report of a person who had been shot. After questioning Salgado, the officer requested that dispatch send evidence technicians to the apartment where the shooting occurred. A search warrant was executed on the residence and officers recovered three boxes of .389 caliber ammunition from the dryer in the living room. Salgado was prohibited from possessing ammunition because he is an illegal alien.
“The reckless actions of this defendant wounded one and put the lives of innocent children in danger,” said U.S. Attorney Escalona. “My office will not tolerate prohibited persons possessing firearms and ammunition, especially when it leads to domestic violence. I commend the work of our law enforcement partners in bringing this defendant to justice.”
HSI investigated the case along with assistance from the Birmingham Police Department. Assistant U.S. Attorneys Kristy Peoples and Darius Greene prosecuted the case.
Gangster Disciples Member Pleads Guilty to Fraud, Money Laundering, and Drug Charges in Connection with Prison-Based Phone ScamRead the Press Release
BIRMINGHAM, Ala – A former inmate at the William E. Donaldson Correctional Facility (Donaldson) in Bessemer, Alabama pleaded guilty yesterday for his role leading a prison-based phone scam that targeted retailers throughout the country, announced U.S. Attorney Prim F. Escalona and U.S. Secret Service Special Agent in Charge Patrick Davis.
Ricardo Poole, Sr., aka “Raoul,” 48, of Bessemer, Alabama, entered a guilty plea before U.S. District Judge Karon O. Bowdre to one count of wire fraud conspiracy, one count of money laundering conspiracy, one count of conspiracy to unlawfully distribute controlled substances, and one count of aggravated identity theft. Poole Sr. is the seventh member of the conspiracy to plead guilty.
According to the plea agreement, between September 2020 and May 2022, Poole Sr. and others tricked retailers into activating gift cards under fraudulent pretenses and then used those fraudulently obtained gift cards to purchase merchandise and make other expenditures.
The plea agreement describes Poole Sr. as a high-ranking member of the Gangster Disciples at Donaldson, and the Gangster Disciples as a violent national criminal gang, founded in Chicago, and active across the U.S., including Alabama. According to court documents, Poole Sr.’s co-defendant, Terry Ray Bradshaw, was a “skit runner” who was housed at Donaldson for most of the period charged in the indictment. While at Donaldson, Bradshaw called retailers and used spoofing technology and social engineering techniques to pose as store executives so that he could trick employees into activating gift cards. During the relevant period, Bradshaw worked as a “skit runner” for Poole Sr. and other members of the Gangster Disciples at Donaldson. In exchange for his work as a “skit runner,” Poole Sr. provided Bradshaw with luxury items like Cartier glasses, protection from the Gangster Disciples, and controlled substances like methamphetamine.
The maximum punishment for the wire fraud conspiracy charge is 20 years in prison and a $250,000 fine. The maximum penalty for the money laundering conspiracy charge is 20 years in prison and a fine of $500,000 or twice the amount laundered. The maximum penalty for the conspiracy to distribute a controlled substances charge is 20 years in prison and a $1,000,000 fine. The penalty for aggravated identity theft is an additional two years in prison.
The U.S. Secret Service Cyber Fraud Task Force investigated the case. Assistant U.S. Attorneys Edward J. Canter and John M. Hundscheid are prosecuting the case. The Alabama Department of Corrections Law Enforcement Services Division, the Drug Enforcement Administration, and the Federal Bureau of Investigation have assisted in the investigation.
Hueytown Man Sentenced to More than 12 Years in Prison on Gun and Drug ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Hueytown man on gun and drug charges, 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 Annmarie C. Axon sentenced Derray Le’Mon Greene, 22, to 151 months in prison. Greene pleaded guilty to two counts of possession of a machine gun, one count of possession with intent to distribute fentanyl, and one count of possession with intent to distribute marijuana.
According to the plea agreement, on two separate occasions between March 2022 and April 2022, the Jefferson County Sheriff’s Office had law enforcement encounters with Greene.
On March 29, 2022, a Jefferson County Sheriff’s deputy conducted a traffic stop on a vehicle in which Greene was the driver. The deputy smelled a strong odor of marijuana coming from inside the vehicle. The deputy searched the vehicle and found marijuana, a Glock 9mm pistol with an attached “Glock Switch,” three Glock magazines, one loaded with 30 rounds of ammunition, and two loaded with 15 rounds in each magazine, and a box of 30 rounds of 9mm ammunition inside of a backpack located in the rear floorboard of the vehicle.
On April 8, 2022, JCSO narcotics detectives were conducting surveillance on an apartment complex in Hoover and discovered Greene’s vehicle in the parking lot. While the detectives were talking to Greene, they observed an individual walk down the steps from an apartment carrying a black bag. The individual entered Greene’s vehicle and sat in the passenger’s seat. Detectives approached the vehicle and contacted the individual. There was an odor of marijuana coming from the vehicle. Detectives searched the vehicle and located a Glock 9mm pistol, with an attached “Glock Switch,” under the driver’s side rear seat. The Glock pistol had an extended magazine that was loaded with 39 rounds of 9mm ammunition. Detectives also found a plastic bag containing fentanyl and a plastic bag containing marijuana next to the Glock pistol.
The ATF investigated the case along with assistance from the Jefferson County Sheriff’s Office. Assistant U.S. Attorney Michael A. Royster prosecuted the case.
Mississippi Resident Sentenced to Twelve Years in Prison for Armed CarjackingRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Mississippi resident for a carjacking that occurred in Moody, Alabama, 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 Corey L. Maze sentenced Eric Lamar White, 25, of Jackson, Mississippi, to 144 months in prison. White was convicted by a federal jury in December 2022 of carjacking and carrying and brandishing a firearm during and in relation to a violent crime.
According to evidence presented at trial, on January 7, 2021, White and his codefendant, Kendarian Toran, were traveling from Jackson, Mississippi, to Atlanta, Georgia, in a stolen vehicle with a switched tag. The stolen vehicle began to overheat so White and Toran decided to carjack the victim in this case while carrying a firearm. At the time of the carjacking, the victim was in her 2008 Acura TL, pumping gas with her two small children in the vehicle. White and Toran waited for the perfect opportunity to take her car. White repositioned the overheating stolen car so that Toran could easily jump out and get into the driver’s seat of the Acura with ease. Once Toran got into the driver’s seat of the victim’s vehicle, the victim attempted to stop him from taking her car by jumping into the driver’s seat on top of Toran. She did not want him to take her children and fought for them. Toran put the firearm to the victim’s pregnant belly, told her to get her kids out of the car, and quickly drove off with her 2008 Acura TL, just as the last child got out. White and Toran met at a nearby business parking lot where White abandoned the original stolen vehicle and got into the 2008 Acura TL with Toran. Hours later, White was driving the Acura back to Jackson, Mississippi, with Toran, when Mississippi law enforcement spotted them. A vehicle pursuit ensued for 29 miles on I-20 at speeds over 120 mph with multiple law enforcement officers. Officers had to spike and force the vehicle into the median on I-20. When White was arrested, he had his Glock .45 caliber pistol and an Alabama driver’s license belonging to a person matching the description of the victim. The evidence showed that the Glock .45 caliber pistol was purchased by White in October 2020.
On August 25, 2022, U.S. District Court Judge Corey L. Maze sentenced Kendarian Lamonte Toran, 18, of Ridgeland, Mississippi, to 90 months in prison for carjacking and carrying and brandishing a firearm during and relation to a violent crime. Toran pleaded guilty to the charges in March.
The ATF investigated the case along with assistance from the FBI Birmingham Division, Moody Police Department, and multiple Mississippi law enforcement agencies, to include Rankin County Sherriff’s Office, Scott County Sheriff’s Office, and Madison Police Department. Assistant U.S. Attorneys Brittney Plyler and Kristy Peoples are prosecuting the case.
Huntsville Man Sentenced to More than Eight Years for Possession of Child PornographyRead the Press Release
HUNTSVILLE, Ala. – A federal judge this week sentenced a Madison County man for possession of child pornography, announced U.S. Attorney Prim F. Escalona and U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent in Charge Katrina W. Berger.
U.S. District Judge Liles C. Burke sentenced Gregory Wade Hughes, 33, of Huntsville, to 101 months in prison followed by lifetime of supervised release. Hughes was also ordered to pay $10,000 in restitution to the victims. In January 2023, Hughes pleaded guilty to one count of possession of child pornography.
According to court documents, Homeland Security Investigations received seventeen cybertips from the National Center for Missing and Exploited Children (NCMEC) relating to an internet protocol (IP) address that had uploaded apparent child sexual abuse materials online. Investigation revealed that the IP address was subscribed at a residence where Hughes lived. On July 12, 2018, a search warrant was executed on the residence and several electronic devices were seized. Forensic examination revealed child sexual abuse material on two of Hughes’ devices. Hughes was interviewed and admitted that he had searched for pornographic videos and images involving children under the age of thirteen. This conviction will require Hughes to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA).
U.S. Immigration and Customs Enforcement Homeland Security Investigations (HSI) along with the Madison County Sheriff’s Office investigated the case. Assistant U.S. Attorneys R. Leann White and John M. Hundscheid prosecuted the case.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Convicted Sex Offender Sentenced to Eighty Years in Prison on Child Exploitation ChargesRead the Press Release
HUNTSVILLE, Ala. – A federal judge this week sentenced a Madison County man on child sexual exploitation charges, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples, and U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent in Charge Katrina W. Berger.
U.S. District Judge Liles C. Burke sentenced Kevin Alexander Guerrero-Beltran, 32, to 960 months in prison followed by lifetime of supervised release. Guerrero-Beltran was also ordered to pay $11,000 in restitution to the victims. In January 2023, Guerrero-Beltran pleaded guilty to transportation and distribution of child pornography.
“This defendant has proven that he will continue to abuse and sexually exploit children,” said U.S. Attorney Escalona. “It took a collaborative effort to remove the danger presented by Guerrero-Beltran to the children in our communities. We thank our local, state, and federal partners in protecting our most vulnerable victims. The sentence imposed ensures that Guerrero-Beltran will spend the rest of his life in prison.”
“Mr. Guerrero-Beltran is a serial offender who has repeatedly targeted the most vulnerable of our population and, with today’s sentence, I am grateful that he will never be in a position to harm another child again,” said FBI Special Agent in Charge Peeples. “While no amount of prison time or restitution will ever give his victims back the innocence he stole from them, I hope they know that the FBI and our partners will never tire in our efforts to find those who seek to harm our children.”
“While we know the young victims and families of this egregious child predator will have a lifetime of recovery, we hope this significant sentence brings them the relief of knowing he will never harm another child,” said HSI Atlanta Special Agent in Charge Berger. “This case sends a resounding message to those who would target our youth - we will find you and hold you accountable for your heinous crimes.”
According to court documents, Guerrero-Beltran has a history of committing sex crimes against children and was previously convicted of traveling to meet a child for a sex act in Marshall County. He was on state probation at the time he committed these federal offenses. Guerrero-Beltran was released from state prison on May 28, 2020, and a mere three months after his release from prison, the National Center for Missing and Exploited Children (NCMEC) issued a cyber tip involving the defendant sending an image of child sexual abuse material (CSAM) on Snapchat. Separate from that, between October 17, 2020, and October 23, 2020, the defendant was involved in and became the administrator of a specific online group where individuals exchanged CSAM. There was also a second cyber tip issued from NCMEC involving the defendant uploading CSAM on a social media application between November 6, 2020, and November 17, 2020. Furthermore, between May 28, 2021, and June 4, 2021, the defendant was in communication with another individual inquiring about having sex with an eight-year-old girl.
FBI Birmingham’s Child Exploitation and Human Trafficking Task Force (CEHTTF), FBI Phoenix Division, U.S. Immigration and Customs Enforcement Homeland Security Investigations (HSI), Alabama Law Enforcement Agency (ALEA), Huntsville Police Department, Madison County Sheriff’s Office, and Georgia Bureau of Investigation participated in this investigation. Assistant U.S. Attorney R. Leann White is prosecuting the case.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Statement from United States Attorney Prim F. Escalona on Fallen Huntsville Police Department Officer Garrett CrumbyRead the Press Release
HUNTSVILLE, Ala. – “My thoughts and prayers are with the family, friends, and fellow officers of Huntsville PD Officer Garrett Crumby who tragically lost his life in the line of duty. Officer Crumby bravely put his life on the line every day to protect the citizens of Huntsville, and his sacrifice will never be forgotten.
My thoughts and prayers are also with Huntsville PD Officer Albert Morin who was wounded and is fighting for his life.”
Madison County Couple Indicted on COVID-19 Program Fraud ChargesRead the Press Release
BIRMINGHAM, Ala. – A Madison County couple were indicted today for defrauding the Small Business Administration’s (SBA) Paycheck Protection Program (PPP), announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.
A five-count indictment filed in U.S. District Court charges John D. Scoggins, 43, and Jennifer C. Scoggins, 37, husband and wife, both of Huntsville, with conspiracy to commit wire fraud.
According to the indictment, between February and June 2021, the Scoggins conspired to defraud the SBA and the United States Government by applying for and/or receiving approximately $1.7 million in fraudulent PPP loans on behalf of four purportedly operational businesses. The Scoggins submitted loan application containing material misrepresentations and supported by falsified and fraudulent documentation. The Scoggins used the PPP loan funds for a series of unauthorized purposes, including purchasing a home, taking a family vacation, and plastic surgery.
FBI investigated the case. Assistant U.S. Attorney Jonathan “Jack” Harrington is prosecuting the case.
Throughout the country, federal, state, and local law enforcement are on high alert to investigate reports of individuals and businesses engaging in a wide range of fraudulent and criminal behavior. For more information about these scams visit
https://www.justice.gov/coronavirus/combatingfraud.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Seven Indicted for Role in Prison-Based Phone Scam and Paying Bribes to Corrections Officers at the William E. Donaldson Correctional FacilityRead the Press Release
BIRMINGHAM, Ala. – A federal indictment unsealed yesterday charges seven individuals for their participation in a prison-based telephone scam and conspiring to smuggle cell phones, controlled substances, and other contraband to inmates at the William E. Donaldson Correctional Facility (Donaldson) in Bessemer, Alabama, announced U.S. Attorney Prim F. Escalona and U.S. Secret Service Special Agent in Charge Patrick Davis.
A seventeen-count indictment filed in U.S. District Court charges Keith Devon Perry, aka “Keep Paper,” 30, of Anniston, Kierro Deandrew Nelson, aka “10K,” 32, of Montgomery, Shedrick Romon Johnson, aka, “Cett,” 43, of Montgomery, Deangelo Lamon Russell, aka “Dee,” 31, of Anniston, Desmond Arterrio Nelson, aka “Dez,” 35, of Montgomery, and Aleshia Nelson,” aka “Leshia,” 30, of Montgomery, with conspiracy to commit an offense against the United States, using a facility in interstate commerce in furtherance of an unlawful activity, and conspiracy to distribute a controlled substance. Perry, Kierro Nelson, Johnson, and Brantley Glen Wheatley, aka “Queen B,” 29, of Tuscaloosa, are charged with conspiracy to commit wire fraud. Perry, Johnson, and Wheatley are charged with wire fraud. Perry and Wheatley are charged with aggravated identity theft. Perry, Kierro Nelson, Johnson, Wheatley, and Russell are charged with conspiracy to commit money laundering.
The defendants include current and former inmates at Donaldson, as well as family members of two inmates. The charges stem from a larger investigation into fraud and corruption at Donaldson that has to date resulted in nine additional individuals being charged. Those individuals include Wilson Brian Clemons, Ricardo Poole, Sr., Kortney Jovan Simon, Otis Lee Bowers, Terry Ray Bradshaw, Rennita Renee Perry, Kiara Reshell Anderson, Ricardo Poole, Jr., and Rhonda Thompson Poole.
According to the indictment, between July 2021 and February 2022, the defendants used contraband cell phones, social engineering techniques, and spoofing technology to trick retailers into transferring them funds under fraudulent pretenses. The proceeds of these telephone scams were then used to, among other things, finance the purchase of controlled substances and to pay bribes to corrections officers at Donaldson.
The charges of conspiracy to commit an offense against the United States and use of a facility in interstate commerce in furtherance of illegal activity both carry a maximum sentence of five years in prison The charges of conspiracy to commit wire fraud, wire fraud, conspiracy to commit money laundering, and conspiracy to distribute and possess with the intent to distribute a controlled substance each carry a maximum penalty of 20 years in prison. Aggravated identity theft carries a mandatory sentence of two years in prison.
The U.S. Secret Service Cyber Fraud Task Force investigated the case. Assistant U.S. Attorneys Edward J. Canter and John M. Hundscheid are prosecuting the case. The Alabama Department of Corrections Law Enforcement Services Division, the Drug Enforcement Administration, and the Federal Bureau of Investigation have assisted in the investigation.
An indictment contains only charges. The defendants are presumed innocent unless and until they are proven guilty.
Former Credit Union Manager Sentenced to Three and a Half Years in Prison for EmbezzlementRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a former New Pilgrim Federal Credit Union (“NPFCU”) manager for embezzling funds from the credit union where he was employed, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Carlton L. Peeples.
U.S. District Court Judge R. David Proctor sentenced Philip Brian Topping, 42, of Birmingham, to 42 months in prison followed by five years of supervised release. Topping pleaded guilty to the charge in October 2022.
According to the plea agreement and in information provided during the sentencing hearing, Topping embezzled approximately $268,000 from NPFCU over a period of five years. Topping took these funds from the NPFCU ATM and a Teller Cash Drawer. Topping would also create fictitious expenses of various items to different general ledger accounts to cover shortfalls. Topping then used these funds for his personal benefit.
The FBI investigated the case with assistance from the National Credit Union Administration. Assistant U.S. Attorney Ryan S. Rummage prosecuted the case.
New Hope Man Sentenced for His Role in Multi-Million-Dollar Kickback and Health Care Fraud CasesRead the Press Release
HUNTSVILLE, Ala. – A federal judge has sentenced another individual charged in a series of related cases involving multi-million-dollar health care fraud 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.
Last Friday, Chief United States District Court Judge L. Scott Coogler sentenced John Hornbuckle, 53, of New Hope, to 80 months in prison. In November 2022, Hornbuckle pleaded guilty to one count of conspiracy to commit health care fraud and one count of conspiracy to receive kickbacks. Between 2012 and 2018, Hornbuckle owned QBR. According to the plea agreement in Hornbuckle’s case, QBR billed insurers millions of dollars for electro-diagnostic testing that its technicians performed, regardless of whether there was a medical need for them. Hornbuckle caused QBR to pay medical providers a per-patient fee for the tests they ordered from QBR that were reimbursed by insurers, including Medicare and other government health care programs. The payments were disguised as hourly payments for the provider’s time and the time of the provider’s staff, but the provider was actually paid a fee per patient who received a test. Insurance programs paid more than nine million dollars for the medically unnecessary tests that QBR paid doctors to order.
Hornbuckle was also ordered to pay $9,192,005.20 in restitution, a fine of $250,000, and forfeiture of $176,449.19.
The case against Hornbuckle is related to several other cases that have resulted in convictions in the last year. Dr. Mark Murphy, 66, and his wife Jennifer Murphy, 66, both of Lewisburg, Tennessee, were sentenced last week. Brian Bowman, 41, of Gadsden, has pleaded guilty to health care fraud conspiracy. According to Bowman’s plea agreement, Bowman marketed QBR’s electro-diagnostic testing to medical providers, and was paid a fee for each test they ordered. Bowman received nearly a million dollars in fees from QBR. James Ewing Ray, 52, of Gadsden, has pleaded guilty to health care fraud and kickback conspiracy for his role as a sales rep who marketed QBR’s scheme to medical practices and received kickbacks per test ordered. John Alan Robson, 40, of Trussville, was indicted last month on charges of health care fraud conspiracy, kickback conspiracy, and kickbacks. According to his indictment, Robson was a sales rep who marketed to doctors’ offices various health care products and services, including prescription drugs from specialty pharmacies, durable medical equipment (DME), and electro-diagnostic testing. Robson was paid fees for the prescriptions, DME, and tests he generated from doctors.
Brian Bowman and James Ray are awaiting sentencing.
The FBI and HHS-OIG investigated the cases. Assistant U.S. Attorneys J.B. Ward and Don Long prosecuted the cases.
Two Individuals Indicted on Gun Charges Appear in Federal CourtRead the Press Release
BIRMIGHAM, Ala. -- Yesterday, two individuals were arrested by FBI agents and appeared in federal court, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.
Charles Edward Kilgore, 31, of Heflin, and Thomas Austin Griffith, 24, of Anniston, were arraigned before U.S. Magistrate Judge Nicholas A. Danella on charges of being a felon in possession of a firearm. Kilgore and Griffith are being held in the custody of the U.S. Marshal until their detention hearings which are set for March 14.
According to the indictments, Kilgore illegally possessed a Glock .40 caliber pistol on January 6, 2023, in Cleburne County. Griffith illegally possessed a Glock .40 caliber pistol on December 9, 2022, in Calhoun County.
The maximum penalty for being a felon in possession of a firearm is 15 years in prison.
The FBI North Alabama Violent Crime Task Force investigated the case, along with the Calhoun County Sheriff’s Office and the Oxford Police Department. Assistant U.S. Attorney Michael A. Royster is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Birmingham Woman Sentenced to More than Seven Years in Prison for Check Fraud SchemeRead the Press Release
BIRMINGHAM, Ala. – A Birmingham woman was sentenced yesterday for engaging in a check fraud scheme, announced U.S. Attorney Prim F. Escalona and United States Secret Service Special Agent in Charge Patrick M. Davis.
U.S. District Court Judge Anna M. Manasco sentenced Myisha Ayana Green, 46, of Birmingham, to 94 months in prison followed by three years of supervised release. In October 2022, Green pleaded guilty to one count of conspiracy to commit wire fraud, one count of aggravated identity theft, and one count of being a felon in possession of a firearm.
According to the plea agreement, between May 2020 and May 2021, Green was involved in a conspiracy to produce fraudulent checks using the information on legitimate checks she received from other individuals. Green would then produce a fraudulent check by adding in a different payee name and changing the amount. Green would often include a phone number on the fraudulent check that would reroute to her personal number, in case a bank or business attempted to verify that the check was real, the call would go to Green, and not the actual payor. Green recruited individuals to be “runners,” who would attempt to cash the fraudulent checks. Once they became runners, these individuals often would come back to Green seeking additional checks or recommend friends who were willing to run checks. These runners would text a picture to Green the driver’s license of individuals who were willing to try to pass checks, and Green would use their information to produce fraudulent checks. Additionally, when law enforcement searched Green’s residence pursuant to a search warrant, a firearm was found in her nightstand.
The United States Secret Service investigated the case with assistance from the Trussville Police Department. Assistant U.S. Attorney Ryan S. Rummage prosecuted the case.
Pain Clinic Owners Sentenced for Unlawfully Distributing Opioids and Multimillion-Dollar Health Care FraudRead the Press Release
BIRMINGHAM, Ala. – A judge sentenced a Tennessee physician and his wife yesterday for unlawfully distributing opioids and defrauding insurers through their now-shuttered Alabama clinics.
Chief U.S. District Court Judge L. Scott Coogler sentenced Mark Murphy, 66, and his wife, Jennifer Murphy, 66, both of Lewisburg, each to twenty years in prison for conspiracy to unlawfully distribute controlled substances and conspiracy to commit health care fraud, along with various substantive counts related to the same, and conspiring to defraud the United States and receiving kickbacks.
"Dr. Murphy and his wife preyed on countless vulnerable patients and stole tens of millions of dollars from Medicare and other taxpayer-funded health insurance programs," said U.S. Attorney Escalona. "Our office will continue to prosecute drug dealers and health care fraudsters to the full extent of the law."
“The abuse of prescription drugs, especially opioids, is a serious problem in our communities,” said DEA Assistant Special Agent in Charge Towanda Thorne-James. “All too often, this abuse leads to addiction, shattered lives, and even death. For the health and safety of our citizens, DEA and our law enforcement partners will continue to target those who illegally distribute these potentially dangerous drugs. We hope that the sentences in this case serve as a reminder to anyone who might illegally divert pharmaceuticals that they will be held accountable for the harm they cause.”
“Mark and Jennifer Murphy learned today that unlawfully distributing controlled substances, committing health care fraud, and receiving kickbacks comes with hefty legal consequences,” said James E. Dorsey, Special Agent in Charge, IRS Criminal Investigation, Atlanta Field Office. “Their conviction today serves as a lesson to others who think no one is paying attention.”
According to court documents and evidence presented at trial, Mark Murphy and Jennifer Murphy owned and operated North Alabama Pain Services (NAPS), which closed its Decatur and Madison offices in early 2017. Mark Murphy was the sole doctor at the two locations, and the evidence at trial showed that some patients went months or years without seeing him during their monthly office visits, even though they continued to get opioid prescriptions that he had pre-signed. Over the approximately five-year period leading up to the clinic closing its Alabama locations, the evidence at sentencing showed, Murphy wrote prescriptions for more than ten million opioid pills, including millions of oxycodone 30 mg tablets. During the same five-year period, Murphy and his wife Jennifer, who helped run the clinics, ordered tens of millions of dollars of unnecessary items and services that were paid by taxpayer-funded and private insurance programs. The Murphys received kickbacks for those orders and prescriptions. In all, Medicare, TRICARE, and Blue Cross Blue Shield of Alabama were billed more than $280 million as a result of the fraud and kickback schemes, and paid more than $50 million. Mark Murphy and Jennifer Murphy were each ordered to pay more than $50 million in restitution. Jennifer Murphy was also convicted of tax-related charges for underreporting clinic income.
Also yesterday, co-conspirator, Christie Rollins, 52, of Petersburg, Tennessee, was sentenced to twenty-four months in prison for her role in selling medically unnecessary durable medical equipment and expensive topical creams at NAPS. Rollins agreed to pay restitution of more than $564,000.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney Prim F. Escalona for the Northern District of Alabama; Special Agent in Charge Bradford L. Byerly of the Drug Enforcement Administration (DEA) New Orleans Field Division; Special Agent in Charge Carlton L. Peeples of the FBI Birmingham Division; Special Agent in Charge James E. Dorsey of IRS Criminal Investigation (IRS-CI) Atlanta Field Office; and Special Agent in Charge Tamela E. Miles of the Department of Health and Human Service Office of the Inspector General (HHS-OIG) Atlanta Region made the announcement.
FBI, HHS-OIG, IRS-CI and DEA investigated the case.
Assistant Chief Jillian Willis and Trial Attorney Emily Gurskis of the Criminal Division’s Fraud Section and Assistant U.S. Attorney J.B. Ward of the Northern District of Alabama prosecuted the case.
The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 90 defendants who are collectively responsible for distributing more than 105 million pills. The ARPO Strike Force is part of the Health Care Fraud Strike Force Program, which since March 2007 has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at: https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
Birmingham Attorney Sentenced to More than Eight Years in Prison for Possession of Child PornographyRead the Press Release
Birmingham, Ala. – A federal judge sentenced a Birmingham attorney today for possession of child pornography announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.
U.S. District Court Judge Annemarie Axon sentenced Chase Tristian Espy, 36, of Vestavia, to 97 months in prison followed by 20 years supervised release. Espy pleaded guilty to possession of child pornography in October 2022. Espy was also ordered to pay additional special assessments of $15,000.00 pursuant to the Amy, Vicky, and Andy Child Pornography Victim Assistance Act and $5,000.00 pursuant to the Justice for Victims of Trafficking Act. Assessments collected under these statutes are used to fund and enhance victim services. Espy was remanded into the custody of the U.S. Marshal.
"No one is above the law, and today's sentence sends a message to anyone who preys on innocent children. We will use every tool available to us to investigate and prosecute those who target children for abuse," U.S. Attorney Escalona said. "I commend the hard work and commitment of our local, state, and federal law enforcement partners to bring this defendant to justice."
In October 2022, Espy pleaded guilty to possession of child pornography arising out of events that occurred from March 2021 to August 2021. Court documents reveal that the investigation was initiated when Espy engaged in online chats with an undercover law enforcement officer whom Espy believed was a 15-year-old girl. Upon being arrested, Espy’s cell phone was seized, and a search warrant was obtained. From this search, approximately 69 videos and four images of child sexual abuse material were found.
The FBI Birmingham’s Child Exploitation Human Trafficking Task Force (CEHTTF), the Homewood Police Department, and the Alabama Law Enforcement Agency (ALEA) participated in this investigation. Assistant U.S. Attorneys R. Leann White and Jonathan Cross are prosecuted the case.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Two Individuals Sentenced for Kidnapping Resulting in DeathRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced two individuals, in separate but related cases, for kidnapping and conspiracy to kidnap a minor victim, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.
U.S. District Court Judge L. Scott Coogler sentenced Patrick Devone Stallworth, 42, and Derick Irisha Brown, 32, both of Birmingham, to life in prison. Stallworth and Brown were convicted in 2022 of one count of kidnapping and one count of conspiracy to kidnap a minor victim. The jury further found that the minor victim’s death resulted from the kidnapping.
According to court documents, on October 12, 2019, Birmingham Police Department responded to a report that a three-year-old girl was missing near the Tom Brown Village Housing Development in Birmingham, Alabama. Stallworth and Brown traveled in a Toyota Sequoia to the Tom Brown Village Housing Development on that day and kidnapped 3-year-old Kamille “Cupcake” McKinney. Her body was found on October 22, 2019.
“There is no greater responsibility for federal law enforcement than to investigate and prosecute those who commit senseless and horrendous acts of violence against young children.” U.S. Attorney Escalona said. “I want to personally thank the dozens of law enforcement members and community volunteers who assisted in both big and small ways in the investigation and bringing justice to the victim and her family.”
"While today’s sentencing can’t take away the pain or fill the void of loss for Kamille’s family, I sincerely hope there is some comfort in knowing those who committed this heinous crime have been brought to justice,” SAC Peeples said. “The FBI and its’ law enforcement partners are committed to bringing to justice those who seek to prey on our children, the most vulnerable members of our society”.
The Federal Bureau of Investigation and the Birmingham Police Department investigated the case, with assistance from the United States Marshals Service. Chief of the Criminal Division Lloyd C. Peeples and Assistant U.S. Attorneys Blake Milner and Brittany Byrd prosecuted the case.
Trussville Man Charged in Multi-Million-Dollar Kickback and Health Care Fraud CaseRead the Press Release
BIRMINGHAM, Ala. – Another individual has been charged in a series of related cases involving multi-million-dollar health care fraud 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.
A federal grand jury yesterday week returned a five-count indictment against John Alan Robson, 40, of Trussville, on charges of health care fraud conspiracy, kickback conspiracy, and kickbacks. According to the indictment, Robson was a sales rep who marketed to doctors’ offices various health care products and services, including prescription drugs from specialty pharmacies, durable medical equipment (DME), and electro-diagnostic testing. Robson was paid fees for the prescriptions, DME, and tests he generated from doctors. From at least 2014 through 2018, Robson allegedly conspired with others to pay and receive kickbacks to induce medical providers to issue medically unnecessary prescriptions and order medically unnecessary goods and services, which were then billed to Medicare and other health insurers.
One of those services was electro-diagnostic testing provided by a Huntsville-based electro-diagnostic testing company called QBR, or Diagnostic Referral Community. Robson received per-patient payments from QBR for inducing medical providers to order tests from QBR. According to the indictment, medical providers received payments from QBR too; the payments were disguised as hourly payments for the ordering physician’s time and staff’s time, but in reality they were per-patient kickbacks.
The case against Robson is related to several other cases that have resulted in convictions in the last year. Dr. Eric Beck, 64, of Huntsville, pleaded guilty last year to health care fraud conspiracy for his role in the QBR scheme. John Hornbuckle, 53, of Huntsville, pleaded guilty to health care fraud and kickback conspiracy offenses for his role, as QBR’s CEO, in orchestrating the fraud. James Ewing Ray, 52, of Gadsden, pleaded guilty to health care fraud and kickback conspiracy for his role as a sales rep who marketed QBR’s scheme to medical practices and received kickbacks per test ordered.
Early last year, a jury convicted Dr. Mark Murphy, 65, and his wife Jennifer Murphy, 66, both of Lewisburg, Tennessee, of drug distribution, fraud, and kickback crimes. The Murphys operated North Alabama Pain Services, which closed its Decatur and Madison offices in early 2017. According to court documents and evidence presented at trial, the Murphys took kickbacks from QBR of more than a million dollars. In return, Dr. Murphy ordered electro-diagnostic tests from QBR for his patients, regardless of whether there was a medical need for those tests. Dr. Murphy also pre-signed prescriptions for expensive specialty topical creams, sprays, and patches, which patients then received whether they wanted the products or not. Before the Murphys went to trial, a co-defendant, Brian Bowman, 42, of Gadsden, pleaded guilty to health care fraud conspiracy. According to Bowman’s plea agreement, Bowman marketed QBR’s electro-diagnostic testing to medical providers, and was paid a fee for each test they ordered. Bowman received nearly a million dollars in fees from QBR. Bowman also marketed high-reimbursing specialty prescription drugs to the Murphys and other providers and received payments for the prescriptions he generated.
Beck, Hornbuckle, Ray, Mark Murphy, Jennifer Murphy, and Bowman are all awaiting sentencing. Other co-conspirators have already been sentenced.
The maximum penalty for conspiracy to commit health care fraud is ten years in prison; the maximum penalty for conspiracy to receive kickbacks is five years in prison; each kickback count also carries up to ten years.
The FBI and HHS-OIG investigated the case, and Assistant U.S. Attorneys J.B. Ward and Don Long are prosecuting it.
An indictment contains only charges. Each defendant is presumed innocent unless and until proven guilty.
Former Birmingham-Area Bank Insiders Charged in Connection with Account Takeover SchemeRead the Press Release
BIRMINGHAM, Ala. – A grand jury yesterday indicted two former bank employees for their role in a conspiracy to steal customer account information, announced U.S. Attorney Prim F. Escalona and United States Secret Service Special Agent in Charge Patrick M. Davis
A six-count indictment filed in the U.S. District Court charges Chimere Shanta Mitchell, 31, and Jamila Afhtan Davis, 31, both of Birmingham, with wire fraud and conspiracy to commit wire fraud.
According to the indictment, Mitchell was previously employed by Wells Fargo Bank as a Fraud and Claims Operations Specialist responsible for working with bank customers who suspected fraudulent activity in their accounts. Davis was previously employed by Regions Bank as a teller responsible for processing transactions and providing customer service.
The indictment alleges that between October 2020 and October 2021, Mitchell and Davis used their positions as bank employees to obtain financial account information from accountholders at Wells Fargo and Regions banks. They would then provide that information to another individual who would either use it in connection with account takeover schemes or market it on Telegram, an encrypted mobile messaging application favored by cybercriminals.
The maximum penalty for wire fraud affecting a financial institution is 30 years in prison and a $1 million fine. The maximum penalty for conspiracy to commit wire fraud is the same.
The U.S. Secret Service Cyber Fraud Task Force investigated the case with assistance from the Vestavia Hills Police Department. Assistant U.S. Attorney Edward J. Canter is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Texas Resident Sentenced to More than 20 Years in Prison on Gun and Drug ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal judge yesterday sentenced a Texas man on gun and drug charges, announced U.S. Attorney Prim F. Escalona and U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent in Charge Katrina W. Berger.
U.S. District Court Judge Annemarie Axon sentenced Aaron Martinez, 33, of Houston, Texas, to 248 months in prison. Martinez pleaded guilty in October 2022 to possession with intent to distribute cocaine and methamphetamine, possessing a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm.
According to the plea agreement, on February 17, 2021, a police officer with the Leeds Police Department conducted a traffic stop at Buc-ee’s located in Leeds on a vehicle driven by Martinez. The traffic stop resulted in the officer recovering 3.5 kilograms of methamphetamine, 1 kilogram of cocaine, and two firearms. Martinez was travelling from Houston to Atlanta. Martinez has a lengthy criminal history including Aggravated Assault with a Deadly Weapon and Burglary of Habitation, and is associated with a gang in Houston, Texas.
HSI investigated the case along with the Leeds Police Department. Assistant U.S. Attorney Brittany Byrd prosecuted the case.
Convicted Sex Offender Sentenced to 46 months for Illegal Firearm PossessionRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a convicted felon for illegal firearm possession, 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 Liles C. Burke sentenced Edward Olin Jones, 66, of Hanceville to 46 months in prison followed by three years of supervised release. Jones pleaded guilty to the charge of being a felon in possession of a firearm in November 2022.
According to the plea agreement, on March 16, 2022, Alabama Probation & Parole officers conducted a home visit at the residence of Jones located in Hanceville, Alabama. Jones was on state felony probation, and as conditions of his probation he had to submit to searches by probation officers and was prohibited from possessing firearms. The probation officers recovered a Smith & Wesson .38 Special revolver, a Röhm .22 caliber revolver, a Winchester 12-gauge shotgun, a Weatherby .300 Weatherby Magnum rifle, a Remington .300 Winchester Magnum rifle, a Remington .22 caliber rifle, and 907 rounds of ammunition from Jones’ home.
Prior to his arrest in this case, Jones had been convicted of Sodomy, First Degree, and Sex Abuse, First Degree, in the Circuit Court of Jefferson County, Alabama.
ATF investigated the case along with the Alabama Probation and Parole Office. Assistant U.S. Attorney Daniel S. McBrayer prosecuted the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Convicted Felon Sentenced to 18 Years in Prison on Drug ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced an Anniston man and convicted felon for distribution of methamphetamine, announced U.S. Attorney Prim F. Escalona, Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Marcus Watson and Drug Enforcement Administration Special Agent in Charge Brad L. Byerley.
U.S. District Court Judge R. David Proctor sentenced Camerin Neshun Thomas aka “Killer Cam,” 29, to 18 years in prison. Thomas pleaded guilty to two counts of distribution of methamphetamine in November 2022. Court documents showed that Thomas was also previously convicted in Calhoun County Circuit Court of Possession of Controlled Substances with Intent to Distribute.
According to the plea agreement, in June 2022, the 7th Judicial Circuit Major Crimes Unit Investigator and a Bureau of Alcohol, Tobacco, and Firearms Task Force officer coordinated two controlled purchases of methamphetamine from Thomas. On June 1, 2022, Thomas sold 68.45 grams of pure methamphetamine from a residence on McCoy Avenue in Anniston. On June 21, 2022, Thomas sold a total of four ounces of pure methamphetamine from two separate locations in Anniston.
This investigation is an operation of the Organized Crime Drug Enforcement Task Forces (OCDETF) Operation “Lengua Doble.” OCDETF is an independent component of the U.S. Department of Justice. Established in 1982, OCDETF is the centerpiece of the Attorney General’s strategy to combat transnational-organized-crime and to reduce the availability of illicit narcotics in the nation by using a prosecutor-led, multi-agency approach to enforcement. OCDETF leverages the resources and expertise of its partners in concentrated, coordinated, long-term enterprise investigations of transnational organized crime, money laundering, and major drug trafficking networks.
ATF and DEA investigated the case along with the 7th Judicial Circuit Major Crimes Unit. Assistant U.S. Attorney Allison Garnett prosecuted the case.
Convicted Felon Sentenced to More than 6 Years in Prison on Gun ChargeRead the Press Release
TUSCALOOSA, Ala. – A federal judge yesterday sentenced a Demopolis man for illegally possessing a firearm, 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 L. Scott Coogler sentenced Terrance Jamela Armstead, 31, of Demopolis, Alabama, to 80 months in prison. Armstead pleaded guilty to one count of being a felon in possession of a firearm in October 2022.
According to court documents, on October 13, 2020, the assistant police chief of the Eutaw Police Department was at the One Stop gas station in Eutaw. While there, he observed a fight between Armstead and another individual. The assistant chief intervened and sprayed both individuals with pepper spray. Armstead succumbed to the pepper spray and attempted to run, but fell. In taking him into custody, the assistant chief recovered a Smith & Wesson .40 caliber semi-automatic pistol from Armstead's waistband. The pistol had been reported stolen to the Eutaw Police Department a few months prior to the incident.
"The illegal possession of a firearm by a convicted felon risks turning any minor dispute into a deadly confrontation," said U.S. Attorney Escalona. "We are grateful for the actions of the Eutaw Police in this case to prevent further violence."
The FBI investigated the case, along with the Eutaw Police Department. Assistant U.S. Attorney Alan Baty prosecuted the case.
Talladega Man Sentenced to More than 19 Years in Prison on Drug Trafficking ChargesRead the Press Release
ANNISTON, Ala. – Today, a federal judge sentenced a Talladega man on drug charges, announced U.S. Attorney Prim F. Escalona and Drug Enforcement Administration Special Agent in Charge Brad L. Byerley.
U.S. District Court Judge Corey Maze sentenced Antoine Marque McClellan, 32, to 232 months in prison. McClellan pleaded guilty to two counts of possession with the intent to distribute methamphetamine in October 2022.
According to the plea agreement, Anniston police officers conducted two traffic stops, within two days, on vehicles occupied by McClellan. On June 11, 2021, Anniston police officers conducted a traffic stop in Heflin, on a vehicle driven by McClellan. Upon searching the vehicle, officers recovered a plastic bag containing marijuana and a clear plastic bag containing methamphetamine. In the trunk of the vehicle, officers recovered a backpack containing three more clear plastic bags containing methamphetamine.
On June 12, 2021, an Anniston police officer conducted a traffic stop in Anniston on a vehicle in which McClellan was a passenger. Officers recovered five individual bags of “ice” methamphetamine from a cardboard box stuffed under the spare tire in the trunk of the vehicle.
In total, officers recovered over six kilograms of pure methamphetamine from McClellan.
This investigation is part of the Organized Crime Drug Enforcement Task Forces (OCDETF) Operation Lengua Doble. OCDETF is an independent component of the U.S. Department of Justice. Established in 1982, OCDETF is the centerpiece of the Attorney General’s strategy to combat transnational-organized-crime and to reduce the availability of illicit narcotics in the nation by using a prosecutor-led, multi-agency approach to enforcement. OCDETF leverages the resources and expertise of its partners in concentrated, coordinated, long-term enterprise investigations of transnational organized crime, money laundering, and major drug trafficking networks.
The DEA investigated the case, along with the 7th Judicial Major Crimes Unit and the Anniston Police Department. Assistant U.S. Attorney Allison Garnett prosecuted the case.
California Man Convicted of Drug Trafficking ChargeRead the Press Release
BIRMINGHAM, Ala. – A federal jury on Wednesday convicted a California man on a drug trafficking charge, announced U.S. Attorney Prim F. Escalona and Drug Enforcement Administration Assistant Special Agent in Charge Towanda Thorne-James.
The jury returned its guilty verdict against Esteban Roberto Ortiz, 43, after three days of testimony before U.S. District Court Judge Sharon L. Blackburn. Ortiz was convicted on the sole count of conspiracy to possess with the intent to distribute methamphetamine and marijuana. The jury also returned a special verdict that the offense involved more than 500 grams of methamphetamine, for which Ortiz will face a mandatory minimum sentence of 10 years.
“This conviction sends a message to those who traffic illegal drugs across state lines to distribute in our communities,” said U.S. Attorney Escalona. “I commend the exemplary work of our law enforcement partners in identifying, infiltrating, and dismantling this multi-jurisdiction drug trafficking operation.”
“Methamphetamine is a destructive poison that can cause terrible harm to the quality of life in any community,” said Assistant Special Agent in Charge Towanda Thorne-James. The successful conviction of Esteban Roberto Ortiz should put on notice those who engage in trafficking meth. “Side by side with our local and federal law enforcement partners, DEA is holding meth dealers accountable. We are seizing their profits, shutting down their distribution networks, and putting dealers where they belong- behind bars.”
Evidence at trial proved that Ortiz conspired with others to transport approximately 11 pounds of methamphetamine and 4 pounds of marijuana from California to Alabama. Ortiz coordinated couriers to travel to Alabama in a vehicle containing an after-market hidden compartment where the methamphetamine and marijuana were stored. Agents from DEA Oklahoma City and DEA Birmingham coordinated a controlled delivery of this car to Alabaster, Alabama, to meet Ortiz where he was taken into custody. Evidence at trial further showed that, ahead of the vehicle’s arrival, Ortiz was planning for the distribution of these drugs to a network of drug associates in Alabama.
The maximum penalty for possession with the intent to distribute methamphetamine and marijuana is life in prison.
The DEA investigated the case. Assistant U.S. Attorneys Allison Garnett and Ryan Rummage are prosecuting the case.
Former United States Postal Employee Sentenced for Stealing MailRead the Press Release
HUNTSVILLE, Ala. – A federal judge today sentenced a former United States Postal employee for stealing mail, announced U.S. Attorney Prim F. Escalona, United States Secret Service Special Agent in Charge Patrick M. Davis, and U.S. Postal Service Office of Inspector General Acting Special Agent in Charge Jonathan Ulrich.
U.S. District Court Judge Liles C. Burke sentenced Zachary Rashad Humphrey, 31, of Huntsville, to 18 months in prison followed by three years supervised release. Humphrey pleaded guilty to receipt of stolen mail matter and theft of mail by a postal employee in November 2022.
“Public servants who abuse their positions of trust to personally enrich themselves face serious consequences, including jail time,” said U.S. Attorney Escalona. “I am grateful for the collaboration between federal law enforcement and the Huntsville Police Department to apprehend this defendant and bring him to justice.”
“The defendant in this case took advantage of the public trust that had been bestowed upon him as a U.S. Postal Service employee,” said SAC Davis. “The U.S. Secret Service stands firm with our federal law enforcement partners in bringing those to justice, who violate that public trust.”
“The vast majority of U.S. Postal Service employees are honest, hardworking individuals who would never dream of violating the public trust in this manner,” said Acting Special Agent in Charge Jonathan Ulrich. “An employee who decides otherwise will be aggressively investigated by our special agents and law enforcement partners. This case is an excellent example of the successful partnership with the U.S. Attorney’s Office to prosecute employees involved in criminal activity and to protect the sanctity of the U.S. Mail.”
According to court documents, Humphrey was employed as a mail carrier with the U.S. Postal Service. Between March 2022 and April 2022, Humphrey stole checks from mail to be delivered on his route and sold them to associates over the dark web. The checks Humphrey stole totaled over $40,000.
The United States Secret Service and the Postal Service Office of Inspector General investigated the case with assistance from the Huntsville Police Department. Assistant U.S. Attorney John M. Hundscheid prosecuted the case.
Multiple Defendants Sentenced in a Scheme to “Straw Purchase” FirearmsRead the Press Release
BIRMINGHAM, Ala. – Yesterday, a federal judge sentenced multiple defendants in a scheme to “straw purchase” firearms, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Explosives, and Firearms Special Agent in Charge Marcus Watson.
In separate and unrelated cases, U.S. District Court Judge Anna Manasco sentenced the following defendants for giving a false statement during the purchase of a firearm.
Jaqorium Marquise Island-Galvin, 25, of Bessemer, was sentenced to 18 months in prison followed by three years supervised release. Island-Galvin pleaded guilty in June 2022. According to court documents, Between May 2020 and May 2021, Island-Galvin partnered with co-defendant Brianna Alexandria Washington to purchase at least 18 firearms from a Federal Firearms Licensee (FFL) in the Northern District of Alabama. Washington, the straw purchaser, falsified documents by specifically stating that she was the actual buyer when in fact she was buying the firearms for Island-Galvin. Island-Galvin directed Washington to purchase the firearms because he did not want the paperwork for the purchases traced back to his name. Island-Galvin purchased the firearms for the purpose of trafficking them to the Chicago area. During this time, at least four of the 18 firearms were sold in the Chicago area. On June 16, 2021, one of the firearms trafficked by Island-Galvin was recovered by the Bolingbrook Police Department in Illinois at the residence of a known convicted felon and drug trafficker. Washington is scheduled to be sentenced on June 27th.
Christian Devon Coleman, 28, of Birmingham, was sentenced to 10 months in prison followed by three years on supervised release. Coleman pleaded guilty in September 2022. On May 1, 2020, Coleman purchased a Barrett .50 caliber rifle from a Federal Firearms Licensee in the Northern District of Alabama. Coleman, the straw purchaser, falsified documents by specifically stating that he was the actual buyer when in fact he was buying the firearm to sell to someone else. After purchasing the rifle, Coleman met the individual, in the parking lot of the FFL. The individual then provided Coleman with $10,900 for the rifle.
These cases are a part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The Bureau of Alcohol, Tobacco, Firearms and Explosives’ campaign "Don’t Lie for the Other Guy" is a part of PSN aimed at reducing firearm “straw purchases”, the illegal purchase of a firearm by one person for another, and to educate would-be straw purchasers of the penalties of knowingly participating in an illegal firearm purchase. More information about the campaign can be found at: www.dontlie.org.
The ATF investigated the case. Assistant U.S. Attorney Kristy Peoples prosecuted the cases.
Birmingham Man Sentenced to More than Twelve Years in Prison for Robbery and Gun ChargesRead the Press Release
BIRMINGHAM, Ala. – Today, a federal judge sentenced a Birmingham man for robbery and gun charges, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.
U.S. District Court Judge Anna Manasco sentenced Henry Sirnard Russell, 43, to 155 months in prison for interference with commerce by robbery, being a felon in possession of a firearm and brandishing a firearm during and in relation to a crime of violence. Russell pleaded guilty in July 2022.
According to the Plea Agreement, on October 12, 2021, Hoover Police responded to the Chevron convenience store in Hoover. The clerk of the store reported an armed male stole an undisclosed amount of money. The clerk saw the suspect leave in a grey SUV, and the police issued a BOLO to surrounding agencies. Vestavia Hills officers saw a vehicle matching the BOLO and conducted a traffic stop on the vehicle. Henry Sirnard Russell was the sole occupant of the vehicle and appeared very nervous and was shaking. Russell was asked to exit his vehicle, but he refused and drove away. A short pursuit ensued, and Russell stopped his vehicle and fled on foot. Various law enforcement agencies arrived on scene, set up a perimeter, used a drone, a K-9, and a helicopter to assist in locating Russell. The search continued throughout the night until a Hoover Police Officer notified dispatch that he observed Russell on the northbound side of I-65 toward Hoover from Homewood. Officers immediately converged on the area and Russell fled into the wood line where he was arrested.
Russell has prior felony convictions for Domestic Violence, Assault (Second Degree), and Robbery (First and Second Degree).
FBI investigated the case along with the Jefferson County Sheriff’s Office, Homewood Police Department, Hoover Police Department, and the Vestavia Hills Police Department. Assistant United States Attorney Darius Greene prosecuted the case.
Tuscaloosa County Man Arrested in New York on Gun ChargesRead the Press Release
BIRMINGHAM, Ala. – Yesterday, federal agents arrested a Tuscaloosa County man in New York on gun charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Marcus Watson.
A three-count indictment filed in U.S. District Court in January charges Darterrius Dewayne Washington, 23, of Woodstock, Alabama, with possession of a machine gun part, engaging in the business of dealing firearms without a license, and making a firearm in violation of the National Firearms Act.
According to the indictment, between August 2022 and October 2022, Washington engaged in the business of dealing firearms without a license. During that time, Washington made a Swift Link, an AR-style machinegun conversion device, and also made a “Glock switch”, a conversion device designed to illegally convert a semiautomatic Glock pistol into a fully automatic machine gun.
ATF investigated the case. Assistant U.S. Attorney Brittney L. Plyler is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Convicted Felon Sentenced for Illegal Firearm PossessionRead the Press Release
BIRMINGHAM, Ala. – A federal judge on Tuesday sentenced a convicted felon to more than eight years in prison 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 R. David Proctor sentenced Donald Joseph Boteler, Jr, 48, of Pell City, to 106 1/2 months in prison followed by three years of supervised release. Boteler pleaded guilty to one count of being a felon in possession of a firearm in September 2022.
“The illegal possession of firearms by repeat felony offenders is a persistent threat to the peace and safety of our communities,” said U.S. Attorney Escalona. “We are grateful for the work of the St. Clair County Sheriff’s Office and the ATF in apprehending this defendant and securing the evidence for this case.”
“This was extremely great work done by the law enforcement officers who took part in this investigation. Protecting the public from violent criminals who illegally possess firearms is at the core of the mission of the men and women of the ATF. We will continue to work collaboratively with our state, local and federal law enforcement partners to combat violent crimes in an effort to maintain public safety and hold violent members of our society accountable,” said ATF SAC Marcus Watson.
According to court documents, in December 2021, St. Clair County Sheriff’s deputies attempted to pull over a truck driven by Boteler for traveling in the middle of two lanes of traffic. Boteler fled at a high rate of speed from the deputies. The deputies located the truck at the bottom of a hill where Boteler exited the truck and fled on foot. The St. Clair County canine unit was dispatched to the scene and, after a lengthy search, located Boteler in a wooded area. Boteler resisted arrest and deputies were forced to use their tasers to get Boteler to comply. Boteler continued to struggle with deputies and pulled a Diamondback 9mm pistol from his waistband. As deputies struggled to control the pistol, Boteler fired one round. Boteler was eventually taken into custody and the pistol was recovered.
Prior to his arrest in this case, Boteler had been convicted of 13 other felony offenses, including Unlawful Possession and Distribution of Controlled Substances, Receiving Stolen Property, and Escape.
ATF investigated the case, along with the St. Clair County Sheriff’s Office. Assistant U.S. Attorney Michael Royster prosecuted the case.
H2K Member Pleads Guilty to Firearm ChargesRead the Press Release
BIRMINGHAM, Ala. – A known gang member pleaded guilty yesterday to illegally possessing a Glock pistol equipped with a “Glock switch” (a machine gun), announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Marcus Watson.
Tavares Trevon Nelson, 20, of Birmingham, pleaded guilty to possession of a machine gun and receipt or possession of an unregistered firearm before U.S. District Judge Annmarie C. Axon.
According to the plea agreement, on November 1, 2022, the United States Marshals Service (USMS) Gulf Coast Regional Fugitive Task Force (GCRFTF) arrested Nelson on an outstanding felony warrant from Jefferson County for Theft of Property, First Degree and Receiving Stolen Property, Second Degree. Nelson had been identified by law enforcement as a core member of a local, violent street gang known as Hard 2 Kill, also known as “H2K.” Birmingham Police Department officers executed a search warrant on Nelson’s apartment. Officers recovered a Glock .45 caliber pistol equipped with a “Glock switch” – a conversion device designed to illegally convert a semiautomatic Glock pistol into a fully automatic machine gun.
The ATF investigated the case, along with the USMS Gulf Coast Regional Fugitive Task Force and the Birmingham Police Department. Assistant U.S. Attorney Kristy Peoples is prosecuting the case.
Federal Grand Jury Indicts Florida Resident for Kidnapping Resulting in DeathRead the Press Release
BIRMINGHAM, Ala. – A grand jury this week indicted a resident of Florida for kidnapping, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Acting Special Agent in Felix A. Rivera-Esparra.
A one-count indictment filed in the U.S. District Court charges Marcus Spanevelo, 35, of Panama City, Florida, with a kidnapping that resulted in a death arising out of events that occurred in the Northern District of Alabama in March 2022.
The punishment range for kidnapping resulting in death is life in prison or death.
The FBI investigated the case along with the Alabama Law Enforcement Agency and the Santa Rosa County Sheriff’s Office in Florida. Assistant U.S. Attorneys Alan Baty, Bill Simpson and John Camp are prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Army Reservist Pleads Guilty to Defrauding the Department of DefenseRead the Press Release
BIRMINGHAM, Ala. – A Nauvoo resident and enlisted Army Reservist pleaded guilty yesterday to stealing more than $53,000 from the Department of Defense, announced U.S. Attorney Prim F. Escalona and Department of Army Criminal Investigation Division, Redstone Resident Unit, Supervisory Special Agent Chase Wilkerson.
Jared Romine Barton, 39, pleaded guilty before U.S. District Court Judge Annemarie Carney Axon to one count of theft of government funds.
According to the plea agreement, between 2016 and 2020, while both an active Army Reservist and Army civilian employee at the Army Reserve’s Deployment Support Command in Birmingham, AL, Sergeant First Class Barton submitted false travel claims and associated timecards to be reimbursed for official travel he did not undertake.
“The defendant defrauded the Department of Defense while wearing the uniform of the country,” said Escalona. “My office is committed to investigating and prosecuting white-collar crime in all its forms, but it is particularly insidious that a member of the United States Armed Forces would steal from the government he was sworn to defend.”
“The Department of the Army Criminal Investigation Division is committed to ensuring that these types of schemes are investigated aggressively,” said Supervisory Special Agent Chase D. Wilkerson of the Department of the Army Criminal Investigation Division’s Redstone Resident Unit. “It is imperative that we continue to pursue economic fraud in every form to protect our military.”
Barton faces a maximum term of up to ten years in prison and a fine of $250,000.
The Department of the Army’s Criminal Investigative Division investigated the case with assistance from the FBI. Assistant U.S. Attorney Jonathan “Jack” Harrington prosecuted the case.
Alabama Company Sentenced in Worker Death CaseRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced ABC Polymer Industries LLC for a willful violation of an Occupational Safety and Health Administration (OSHA) standard that caused a worker’s death. The charge involves an Aug. 16, 2017, incident at the Helena, Alabama, plant owned by ABC Polymer Industries LLC, in which a worker was pulled into a cluster of unguarded moving rollers and killed.
U.S. District Judge Annemarie Carney Axon for the Northern District of Alabama ordered ABC Polymer to pay $242,928 in restitution to the family of the deceased worker, a fine of $167,928, and ordered the company to serve two years on probation under conditions of a safety compliance plan.
According to court documents, ABC Polymer operated multiple plastic extrusion lines at its facility, which molded raw materials into flat rectangular plastic sheets. The machinery pulled the sheets through a series of rollers arranged in clusters before cutting them into plastic threads or tapes, which were sold for use in various products. According to court documents filed in connection with the case, the machine at issue in the worker’s death was equipped with a “cage” or barrier guard that could be pulled down over one of the exposed sides of the rollers. OSHA standards require moving machinery such as this to be guarded while the machine is energized.
However, ABC Polymer was aware that its employees routinely raised the guard on its machines to cut tangled plastic off the rollers, thereby operating the machines without the required guarding. ABC Polymer also trained its employees to cut tangled plastic off the rollers while the rollers were in operation. ABC Polymer admitted that it knew or should have known that these practices exposed employees to a risk of injuries and death in violation of federal law.
Federal law makes it a class B misdemeanor to willfully fail to follow an OSHA safety standard, where the failure causes the death of an employee. The class B misdemeanor is the only federal criminal charge covering such workplace safety violations.
This case was investigated by the OSHA of the U.S. Department of Labor.
Assistant U.S. Attorneys Robert Posey and Ryan Rummage for the Northern District of Alabama and Trial Attorneys Ethan Eddy and William Shapiro of the Environment and Natural Resources Division’s Environmental Crimes Section prosecuted the case.
Convicted Felon Found Guilty on Gun and Drug ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal jury on Thursday found a convicted felon guilty on gun and charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
The jury returned its guilty verdict against Devon Martez Easley, 31, of Vestavia Hills, after three days of testimony before U.S. District Court Judge Madeline H. Haikala. Easley was convicted of possession with intent to distribute cocaine and heroin, using and carrying a firearm during and in relation to a drug trafficking crime, and two counts of felon in possession of a firearm.
“This is the second trial in a week involving gun crime. We continue to use all tools in our toolbox to address the ongoing issue of gun crime in our communities,” said U.S. Attorney Escalona. “I appreciate the hard work and dedication of our law enforcement partners to identify and bring to justice those who commit these crimes.”
“ATF’s top priority is to reduce violent crime,” said SAC Watson. “Drug trafficking and the prevalence of guns on our streets continue to plaque our community at alarming rates. The ATF will continue to work together with our law enforcement partners to aggressively investigate and apprehend those individuals.”
According to evidence presented at trial, on January 26, 2020, Mountain Brook police officers responded to a call of a stranded car on Highway 280 near Shades Creek Parkway. Upon arrival officers found Easley unresponsive and slumped over the steering wheel. Officers opened the driver’s side door, put the car in park and turned off the engine. Easley sat up, and though somewhat responsive, appeared disoriented. In Easley’s hand, officers noticed a marijuana joint. After being told repeatedly by officers to “step out of the car,” Easley eventually exited the vehicle. Officers searched Easley and found him to be in possession of a Taurus 9mm pistol. Officers also searched the vehicle and recovered a loaded Sig Sauer 9mm pistol that had been reported stolen, 23 grams of cocaine, heroin, marijuana and synthetic marijuana. Some of the narcotics were packaged for distribution.
In addition to the convictions on the offenses committed in Mountain Brook on January 26, 2020, the jury also found Easley guilty of being a felon in possession of a firearm for an incident on February 9, 2021, where Easley possessed a stolen Taurus 9mm pistol in Birmingham. Easley’s prior felony convictions included Breaking and Entering a Vehicle, Assault Second Degree, Unlawful Possession of Marijuana, First Degree, Attempted Distribution of a Controlled Substance, and Destruction of State Property.
The maximum penalty for possession with the intent to distribute cocaine and heroin is 20 years in prison. Easley faces a minimum penalty of five years in prison for using and carrying a firearm during and in relation to a drug trafficking crime. The maximum penalty for being a felon in possession of a firearm is 10 years in prison.
The ATF investigated the case along with the DEA, Mountain Brook Police Department, Birmingham Police Department and the Alabama Department of Forensic Sciences. Assistant U.S. Attorneys William Simpson and John Camp are prosecuting the case.
Tuscaloosa Resident Convicted of Straw PurchaseRead the Press Release
BIRMINGHAM, Ala. – A federal jury yesterday convicted a Tuscaloosa resident for making a straw purchase of a firearm, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
The jury returned its guilty verdict against Devon Demarcus Hamler, 24, of Tuscaloosa, after two days of testimony before Chief U.S. District Court Judge L. Scott Coogler. Hamler was convicted of conspiracy to make a false statement during the purchase of a firearm, making a false statement during the purchase of a firearm, and sale or transfer to a prohibited person. Hamler was remanded into the custody of the U.S. Marshal. Hamler’s sentencing is set for May 23, 2023.
“The straw purchase of a firearm is felonious conduct and a felony conviction ensures that those who commit this crime can no longer purchase firearms for others,” said U.S. Attorney Escalona. “I commend the work of our federal, state, and local law enforcement partners to remove guns from the hands of prohibited persons.”
“A person violates federal law the moment that they purchase and transfer a firearm to any individual who cannot legally possess them,” said SAC Watson. “The ATF is committed to working with our local, state, and federal partners to investigate and prosecute these “straw purchasers” in conjunction with the individuals who receive these firearms and use them to commit violent criminal acts.”
According to evidence presented at trial, on April 20, 2022, Hamler – the straw purchaser – purchased a Glock 9mm pistol from a licensed firearms dealer, Guns and Ammo, LLC, located in Tuscaloosa. Hamler falsified documents by specifically stating that she was the actual buyer when in fact she was buying the firearm for another person who was prohibited from possessing a firearm.
The maximum penalty for conspiracy is 5 years in prison. The maximum penalty for making a false statement during the purchase of a firearm and for sale or transfer of a firearm to a prohibited person is 10 years in prison.
The ATF investigated the case along with the West Alabama Narcotics Task Force. Assistant U.S. Attorneys Daniel S. McBrayer, Brad Felton, and Darius Greene are prosecuting the case.
Birmingham Store Manager Sentenced for Wire Fraud and Tax FraudRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a manager of a Birmingham grocery store on charges of wire fraud and tax fraud, announced U.S. Attorney Prim F. Escalona U.S. Department of Agriculture Office of Inspector General, Investigations, Acting Special Agent-in-Charge Salina Walker, and Internal Revenue Service, Criminal Investigation Special Agent in Charge James Dorsey.
U.S. District Court Judge Karon O. Bowdre sentenced Omar Motley, 42, of Birmingham, to 46 months in prison followed by three years of supervised release and ordered him to pay $847,001 in restitution to the IRS and $4,750,000 to the USDA. USDA administers the Supplemental Nutrition Assistance Program (SNAP). Motley pleaded guilty to one count of tax fraud and one count of wire fraud in July 2022.
"This defendant used his position and took advantage of a program intended to help families in need," said U.S. Attorney Escalona. "Together with our law enforcement partners, we will continue to investigate and hold accountable those who defraud the SNAP program."
“This investigation and prosecution should send a strong zero-tolerance message to those individuals engaged in the practice of defrauding the taxpayer-funded SNAP program,” said Salina Walker, Acting Special Agent-in-Charge, USDA-Office of Inspector General. “It should also serve as a warning to all stores that participate in the SNAP program as vendors that fraud and trafficking (purchasing those benefits for cash) will be vigorously investigated and prosecuted by the USDA-OIG, the U.S. Attorney's Office, and all its federal, state, and local partners that have a stake in ensuring that fraud is eliminated from taxpayer-funded programs.
“Motley’s actions enabled himself and others to defraud the Supplemental Nutrition Assistance Program (SNAP), which is in place to supplement needy families’ food budgets,” said James E. Dorsey, Special Agent in Charge, IRS Criminal Investigation, Atlanta Field Office. “Store owners who participate in SNAP should take note that defrauding any government program will carry consequences.”
According to court documents, Motley was the manager of the Big B Food Mart located on 24th Street North, in Birmingham, which was authorized to accept SNAP benefits. Between November 2014 and March 2017, Motley unlawfully redeemed SNAP EBT benefits for cash and ineligible items. During this time, SNAP benefits redeemed at Big B Food Mart were 52 times greater than at similarly sized stores in the area. Motley’s manipulation of the SNAP program resulted in illegal gains of over $4.6 million. Also, in 2015, Motley under-reported to IRS the income he received from redeeming SNAP benefits.
The USDA-OIG and IRS-CI investigated the case. Assistant United States Attorney Catherine Crosby prosecuted the case.
Bessemer Man Indicted on Drug and Gun Charges Appears in Federal CourtRead the Press Release
BIRMINGHAM, Ala. -- A Bessemer man arrested by the U.S. Marshals Gulf Coast Regional Fugitive Task Force, on January 4, 2023, appeared in federal court today, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Marcus Watson.
Tahji Alonzo Orr, 24, was arraigned before U.S. Magistrate Judge Staci G. Cornelius on charges of possession with the intent to distribute marijuana, possession with the intent to distribute a controlled substance containing a detectable amount of heroin and fentanyl, possession of a machine gun during and in relation to a drug trafficking crime, and illegally possessing a machine gun, that is, a Glock 9mm pistol equipped with a “Glock switch” – an after-market device designed to illegally convert a semiautomatic Glock pistol into a fully automatic machine gun. The charges stem from events that occurred in March 2022 in Jefferson County. Orr was ordered detained pending trial.
The maximum penalty for possession with the intent to distribute marijuana is five years in prison. The maximum penalty for possession with the intent to distribute a controlled substance containing a detectable amount of heroin and fentanyl is 20 years in prison. The minimum penalty for carrying a machine gun during and in relation to a drug trafficking crime is life in prison. The maximum penalty for possession of a machine gun is 10 years in prison.
The ATF investigated the case along with U.S. Marshals Gulf Coast Regional Fugitive Task Force, the Hoover Police Department and the Bessemer Police Department. Assistant U.S. Attorney Michael Royster is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Alabama Company Pleads Guilty in Worker Death CaseRead the Press Release
BIRMINGHAM, Ala. – ABC Polymer Industries LLC pleaded guilty yesterday to a willful violation of an Occupational Safety and Health Administration (OSHA) standard that caused a worker’s death. The charge involves an Aug. 16, 2017, incident at the Helena, Alabama, plant owned by ABC Polymer Industries LLC, in which a worker was pulled into a cluster of unguarded moving rollers and killed. U.S. District Judge Annemarie Carney Axon accepted the plea.
According to court documents, ABC Polymer operated multiple plastic extrusion lines at its facility, which molded raw materials into flat rectangular plastic sheets. The machinery pulled the sheets through a series of rollers arranged in clusters before cutting them into plastic threads or tapes, which were sold for use in various products. According to court documents filed in connection with the case, the machine at issue in the worker’s death was equipped with a “cage” or barrier guard that could be pulled down over one of the exposed sides of the rollers. OSHA standards require moving machinery such as this to be guarded while the machine is energized.
However, ABC Polymer was aware that its employees routinely raised the guard on its machines to cut tangled plastic off the rollers, thereby operating the machines without the required guarding. ABC Polymer also trained its employees to cut tangled plastic off the rollers while the rollers were in operation. ABC Polymer admitted that it knew or should have known that these practices exposed employees to a risk of injuries and death in violation of federal law.
“This victim’s tragic death was entirely preventable,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Employers who willfully violate OSHA standards are gambling with their employees’ health and lives. We will continue to hold accountable those who fail to follow these critical safety rules.”
“This tragic loss of life could have been avoided by following federal safety standards,” said U.S. Attorney Escalona. “We are grateful for the work of our OSHA partners in holding employers accountable for the safety of their employees. My office will use the tools available to us to protect Alabama workers and prosecute employers who willfully violate federal safety laws.”
Federal law makes it a class B misdemeanor to willfully fail to follow an OSHA safety standard, where the failure causes the death of an employee. The class B misdemeanor is the only federal criminal charge covering such workplace safety violations. The count of conviction carries a maximum sentence of a $500,000 fine, or twice the financial gain to the defendant or twice the financial loss to another, whichever is greater, and restitution to the victim. Judge Axon will hold a sentencing hearing at a later date, where she will determine the sentence after considering the relevant statutory factors.
This case was investigated by the OSHA of the U.S. Department of Labor.
Assistant U.S. Attorneys Robert Posey and Ryan Rummage for the Northern District of Alabama and Trial Attorneys Ethan Eddy and William Shapiro of the Environment and Natural Resources Division’s Environmental Crimes Section are prosecuting the case.