Southern District of Alabama
Press releases recorded for this federal judicial district.
Interstate Drug Trafficker Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Linda Lancon, 30, of Laredo, Texas, was sentenced this morning for her participation in a conspiracy to possess with intent to distribute approximately 35 kilograms of cocaine. Lancon was convicted by a jury following a trial conducted in October of 2019.
United States District Court Judge Terry F. Moorer presided over the trial and the sentencing hearing. Evidence from the trial showed that Lancon was involved in the distribution of methamphetamine, heroin and cocaine during 2016 following an investigation conducted by the Drug Enforcement Administration in Laredo. She was identified as the owner of a vehicle used to deliver drugs for distribution. Agents participating in the investigation also identified her as being present with another member of the drug distribution conspiracy in Texas when drugs were delivered. She was living with a co-conspirator in Laredo who testified that she knew about the drug conspiracy, accompanied him on drug deliveries and counted the drug money. She also knew a source of supply for the drugs in Mexico. Other evidence established that Lancon was in a truck traveling northbound on Interstate 65 in Mobile County when it was stopped by Saraland police for no license plate. During the investigation that followed, officers discovered 35 kilograms of cocaine in the cab of the truck, concealed in a paper box behind the passenger seat. Lancon was the passenger in the truck, and the driver was identified as her co-defendant Victor Estrada. She had disassembled the cell phone Estrada was using to communicate with the people in Atlanta who were to take delivery of the drugs and concealed the parts of the phone in her purse while the officers spoke to Estrada.
In the subsequent investigation conducted by the Department of Homeland Security, a tracking device was discovered in the truck which was traced to a company in Laredo. Business records showed that Lancon opened the account used to track the truck and paid a monthly fee for the service on her credit card. The records also showed several prior trips to the Atlanta area as well as other locations up the East Coast. The records also coincided with information from Lancon’s telephone placing her in the Atlanta area during some of the prior trips. In addition, photographs on Lancon’s phone showed her in possession of large amounts of United States currency being removed from or placed into Federal Express boxes. Finally, records for Lancon’s cellphone showed it had been in contact with Estrada’s phone during 2017 and 2018. Estrada’s phone was the one used to communicate with the recipients of the drugs in Atlanta and the one she disassembled during the traffic stop.
At the sentencing hearing today, Judge Moorer reviewed some of this evidence as support for his decision that a substantial sentence was appropriate for Lancon. The judge found that the other trips documented by the tracker in the truck established that she had participated in the distribution of other drug loads equal to that for which she had been apprehended. The judge also found that, based on the evidence from the trial, she occupied a role in the offense which far exceeded her claim that she was just her co-defendant’s girlfriend. Judge Moorer sentenced Lancon to 300 months’ imprisonment, to be followed by a term of five years supervised release. The judge did not impose a fine, but ordered that she pay the special mandatory assessment of $100. Judge Moorer sentenced Lancon’s co-defendant, Estrada, in October of 2019 to 30 years’ imprisonment following Estrada’s guilty plea to the charges.
The case was investigated by the Saraland Police Department and the Department of Homeland Security investigations. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Romanian Man Sentenced in ATM Skimming SchemeRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that January 22, 2020, Alex Barbu was sentenced in federal court to conspiracy to commit bank fraud and aggravated identity theft. Barbu received a thirty-nine month custody sentence for his part in an ATM skimming operation. The sentence consisted of 15 months on the bank fraud charge, and 24 months for aggravated identity theft. Senior United States District Judge Callie V.S. Granade also ordered that Barbu serve five years of supervised release following his release from prison, and pay $4,848.35 in restitution. Upon his release from prison, Barbu, a Romanian national, will be turned over to immigration authorities for deportation proceedings.
In a guilty plea hearing, the court found that on January 12th and 19th, 2019, a young female accompanied by Barbu was observed via surveillance footage placing an unauthorized camera device on an ATM owned and operated by United Bank in Bay Minette, AL. The camera was used to illegally capture a customer's PIN as it was being entered on the ATM keypad. The young female then placed an ATM-skimmer on the same ATM. ATM skimmers are illegal devices designed to fit over the ATM card insert, known as a bezel, in order to read and siphon ATM customer bank account information when the bank customer uses their bank card at the ATM. Later the same day the young female was observed via surveillance footage returning to the ATM and retrieving both the camera and skimming devices.
During the timeframe on January 12, 2019, when the unauthorized ATM skimmer and camera devices were in place and active on the ATM, 30 customers’ account numbers and PINs were exposed. The majority of those customers had their account numbers and PINs compromised through a series of fraudulent transactions that occurred January 26-27, 2019 by Barbu.
The operations officer at United Bank stated after the fraudulent transactions were discovered, all of their customers had their ATM cards and PINs deactivated and reissued. The operations officer has also advised that none of their customers had authorized any of the attempted and/or completed transactions and, all of their ATM cards had been in each customers’ possession before and during the time of the fraudulent activity.This case was investigated by the Federal Bureau of Investigation, Mobile Division, Mobile, AL. There was joint cooperation and direct assistance by the Department of Homeland Security, Customs and Border Protection; Bay Minette Alabama (AL) Police Department (PD); Mobile AL PD; Daphne AL PD; Foley AL PD; Prattville AL PD; Pascagoula Mississippi PD; Padukah Kentucky PD; FBI Jackson Division; FBI Memphis Division, and credit for Barbu's capture and extradition by the Hennepin County Sheriff's Office, US Attorney's Office, and FBI Minneapolis Division, all in Minnesota.
Court Sentences High Seas Drug Trafficker to 120 Months Imprisonment for Smuggling 1,916 Kilograms of CocaineRead the Press Release
On January 9, 2020 United States District Court Judge Terry F. Moorer sentenced Jackson Alexander Vera Cabeza, an Ecuadorian national, for being caught in international water in the act of smuggling 1,916 kilograms of cocaine.
Court records established that on August 4, 2018, while on routine patrol in the Eastern Pacific Ocean, a Joint Interagency Task Force South (JIATF-S) Maritime Patrol Aircraft (MPA) visually detected a low profile go-fast vessel (LPGFV) operating in international waters, approximately 302 nautical miles Northwest of the country of Ecuador and suspected to be engaged in drug trafficking. United States Coast Guard (USCG) Cutter “TAHOMA” diverted to intercept. The LPGFV initially ignored warning shots fired from a USCG helicopter and the commands to stop given by personnel on the TAHOMA. The Helicopter activated its lights and gave commands in English and Spanish for the LPGFV to stop which the LPGFV ignored. The helicopter next completed three “stiches” firing 25 warning shots with a M240B machine gun, 5 yards off the bow of the vessel to get it to stop. The LPGFV still failed to stop. The TAHOMA had launched an Over the Horizon (OTH) vessel to intercept the LPGFV and eventually the vessel came to a stop.
The LPGFV yielded no flag flown, no vessel registration documents and no other indicia of nationality. The TAHOMA personnel completed the boarding of the LPGFV and recovered approximately 1,916 kilograms of cocaine stored on the vessel. The 1,916 kilograms of cocaine had a retail street value of approximately of over $190,000,000 in the United States.
Jackson Alexander Vera Cabeza was charged in United States District Court for the Southern District of Alabama along with William Toloza Cuero, and Cesar Xavier Garcia Vera, who were previously sentenced by the Court, and Luis Eduardo Montenegro Martinez, who remains to be sentenced. The smugglers were travelling a common seaborne smuggling route to transport the cocaine from Columbia and deliver it to Central America in order that it could be further distributed.
Title 46 United States Code, § 70501 states: Congress finds and declares that (1) trafficking in controlled substances aboard vessels is a serious international problem, is universally condemned, and presents a specific threat to the security and societal well-being of the United States and (2) operating or embarking in a submersible vessel or semi-submersible vessel without nationality and on an international voyage is a serious international problem, facilitates transnational crime, including drug trafficking, and terrorism, and presents a specific threat to the safety of maritime navigation and the security of the United States. Title 46 further provides that such offenses may be prosecuted in any United States federal district court.The case was prosecuted by Assistant United States Attorney George F. May, Deputy Criminal Chief. The case was investigated by the United States Coast Guard and the Department of Homeland Security, Homeland Security Investigations.
Methamphetamine and Pill Dealers Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Judy Raley Townley, 58, and William Erwin Townley, 52, both of Elberta, Alabama, were sentenced in federal court for their participation in a drug distribution operation involving both methamphetamine ice and the illegal distribution of prescription pills. Mrs. Townley was also charged with providing a firearm to a convicted felon, her husband and co-defendant William Erwin Townley. Mr. Townley was also charged with possessing a firearm in furtherance of a drug trafficking felony. Both defendants entered a guilty pleas to the charges in April of 2019.
United States District Court Kristi K. Dubose imposed a sentence of 60 months imprisonment in Mrs. Townley’s case on each count, but ordered that the sentences run concurrently. She also ordered that upon release from custody, Mrs. Townley would serve a term of four years under supervised release. The judge ordered that Mrs. Townley will pay a special assessment of $200. Judge Dubose sentenced Mr. Townley to 120 months imprisonment, consisting of 60 months on the drug count and 60 months on the gun count, with the sentences to run consecutively. The judge ordered that Mr. Townley would serve a term of four years under supervised release when he was discharged from his prison sentence. She also ordered that he would pay $200 in special assessments. The judge did not impose a fine in either case.
The case was investigated by the Baldwin County Sheriff’s Office, the Baldwin County Drug Task Force, and the Federal Bureau of Investigation. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Methamphetamine Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that James Adam Widener, 28, of Robertsdale, Alabama, was sentenced in federal court for his involvement in a conspiracy to distribute methamphetamine. Widener had entered a guilty plea to the conspiracy charge, and United States District Court Judge Kristi K. Dubose imposed a sentence of 94 months imprisonment.
Judge Dubose also ordered that Widener would serve a period of five years under supervised release when he is discharged from prison. During that term, he will undergo drug testing and treatment. The judge ordered that Widener will pay a special assessment of $100, but she did not impose a fine.
The case was investigated by the Baldwin County Sheriff’s Office, the Baldwin County Drug Task Force, and the Federal Bureau of Investigation. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Methamphetamine Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Christopher Edward Brown, 28, of Foley, Alabama, was sentenced in federal court for his involvement in a conspiracy to distribute methamphetamine. Brown had entered a guilty plea to the conspiracy charge, and United States District Court Judge Kristi K. Dubose imposed a sentence of 105 months imprisonment.
Judge Dubose also ordered that Brown would serve a period of five years under supervised release when he is discharged from prison. During that term, he will undergo drug testing and treatment. The judge ordered that Brown will pay a special assessment of $100, but she did not impose a fine.
The case was investigated by the Baldwin County Sheriff’s Office, the Baldwin County Drug Task Force, and the Federal Bureau of Investigation. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Firearms Thief Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Dorian Trayvon Richardson, 19, of Loxley, Alabama, was sentenced on January 9, 2020 in federal court for his involvement in the burglary of a federally licensed firearms dealer in Foley, Alabama. Court documents reveal that Richardson and others broke into the store and stole numerous guns. The investigation that followed resulted in his identification, and Richardson assisted federal investigators in recovering the stolen guns. Richardson entered a guilty plea to federal charges of stealing firearms from the inventory of a federally licensed firearms dealer and possession of stolen firearms in July of 2019.
United States District Court Judge Terry F. Moorer imposed a sentence of 11 months on each count, and ordered that the sentences run concurrently. Judge Moorer ordered that Richardson will serve a term of three years under supervised release when he is discharged from prison. The judge ordered that Richardson will pay a special assessment of $200, but the judge did not impose a fine. Richardson was ordered to pay $2,500 in restitution to the business owner.
The case was investigated by the Foley Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Drug Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Eddie Lee Padgett, 62, of Daphne, Alabama, was sentenced on January 9, 2020, in federal court for his involvement in a conspiracy to distribute cocaine and crack cocaine. Padgett was convicted following a jury trial conducted in October of 2019 conducted by United States District Court Judge Terry F. Moorer. Evidence from the trial established that Padgett and several other individuals sold more than 10 kilograms of crack cocaine and more than 5 kilograms of cocaine from a residence on Highway 31 near Bay Minette and a location in the Daphmont neighborhood in Daphne since 2017. The investigation of this illegal activity resulted in a court-authorized wiretap, and recordings made during the period of the wiretap were played for the jury during the trial. Padgett was convicted on all counts—three substantive counts of distribution of cocaine and crack cocaine, and the conspiracy charge.
Judge Moorer imposed a sentence of 240 months imprisonment on each count, and ordered they will run concurrently. He further ordered that Padgett will serve a period of five years under supervised release when he is discharged from prison. During that term, Padgett will undergo drug testing and treatment. The judge ordered that Padgett will pay a special assessment of $400, but he did not impose a fine.The case was investigated by the Baldwin County Sheriff’s Office, the Daphne Police Department, the Baldwin County Drug Task Force, and the Federal Bureau of Investigation. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Drug Courier Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that German Eduardo Barahona, 29, of Houston, Texas, was sentenced on January 9, 2020, in federal court for his involvement in a conspiracy to distribute methamphetamine. Court documents show that Barahona was driving a truck stopped by Saraland police officers on Interstate 65 in route to Atlanta, Georgia. A search of the vehicle revealed approximately 36 kilograms of methamphetamine ice concealed within some industrial bolts in the bed of the truck. Barahona entered a guilty plea to the conspiracy charge in September of 2019.
United States District Court Judge Jeffery U. Beaverstock imposed a sentence of 135 months imprisonment, and ordered that Barahona would serve a period of five years under supervised release when he is discharged from prison. During that term, he will undergo drug testing and treatment. The judge ordered that Barahona will pay a special assessment of $100, but he did not impose a fine.
The case was investigated by the Saraland Police Department, the Mobile County Sheriff’s Office and the Department of Homeland Security Investigations. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Armed Methamphetamine Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Crystal Marie Dacus, 38, of Foley, Alabama, was sentenced in federal court for her involvement in a conspiracy to distribute methamphetamine and possessing a firearm in furtherance of the drug trafficking felony. Dacus had entered a guilty plea to the charges, and United States District Court Judge Kristi K. Dubose imposed a sentence totaling 84 months imprisonment.
Judge Dubose imposed a sentence of 60 months on the firearms charge and ordered that it run consecutive to the sentence on the drug charge, which she set at 24 months. The total term of imprison was 84 months, which will be followed by a period of five years under supervised release when she is discharged from prison. During that term, she will undergo drug testing and treatment. The judge ordered that Dacus will pay a special assessment of $200, but she did not impose a fine.
The case was investigated by the Baldwin County Sheriff’s Office, the Baldwin County Drug Task Force, and the Federal Bureau of Investigation. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Defendant Receives 12 Months in Human Trafficking CaseRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that United States District Judge Terry F. Moorer sentenced defendant Alexis Hernandez, 23, of Houston, Texas, to imprisonment for 12 months for unlawfully transporting illegal aliens in the United States. As part of the sentence, the judge ordered that Hernandez be subject to three years of supervised release after finishing his term of imprisonment, pay a $100 mandatory special assessment, and receive substance abuse testing and treatment as directed by the U.S. Probation Office.
On October 10, 2019, United States Attorney Moore charged Hernandez with one count of unlawfully transporting aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(ii) and (B)(i). Hernandez appeared in court the following day and pleaded guilty to the charge.
Hernandez admitted to the following facts at his plea hearing. On October 1, 2019, Mobile County Sheriff’s Office Deputy Aubrey Bishop was conducting interdiction operations on Interstate 10 near Grand Bay, Alabama. At 11:45 a.m., Bishop saw a Toyota Sequoia vehicle bearing a Texas license plate traveling eastbound on I-10. He saw the vehicle exit off the interstate without using a turn signal. Bishop activated his emergency lights and conducted a traffic stop on the vehicle for the traffic violation. Bishop approached the vehicle and made contact with the driver, who was Hernandez. Bishop explained to him why he was stopped and asked for his driver’s license. Hernandez was unable to produce a driver’s license and instead produced another identification card. Bishop asked a passenger if he had a license. The passenger did not speak English; the passenger did not have a driver’s license and produced a foreign identification card instead. A United States Border Patrol Agent arrived on the scene to assist with the traffic stop. The vehicle had eight occupants: Hernandez and seven passengers who were illegal aliens. The eight occupants were transported to the Mobile, Alabama Border Patrol Station.
At the station, U.S. Border Patrol Agent Daniel W. Roland interviewed several passengers in Spanish. One of the passengers (“Alien 1”), a Honduran national, said that she had illegally crossed the United States border near Camargo, Mexico (Rio Grande City, Texas). Alien 1 said that she had gotten in a truck with a trailer driven by an unknown male. Alien 1 said that she had ridden in the truck until arriving in Houston, Texas. Alien 1 said that she had stayed at an apartment in Houston, Texas for approximately four days. Alien 1 said that there were other illegal aliens at the apartment with her. Alien 1 said that the woman, who appeared to be in charge of the apartment, took her to a gas station and waited with her until another vehicle arrived. According to Alien 1, when the other vehicle arrived the woman told her to get in the vehicle. Alien 1 said that Hernandez was the driver of the vehicle. Alien 1 said that her brother had made the arrangements to be smuggled to Silver Spring, Maryland.
Agent Roland interviewed another passenger (“Alien 2”). Alien 2, an Ecuadorian national, said that he had illegally crossed the United States border near Miguel Aleman, Mexico (Roma, Texas). Alien 2 said that after crossing the border, he was taken to Houston, Texas by vehicle where he was taken to a house. Alien 2 said that he had stayed at the house in Houston for approximately four days. Alien 2 said that an unknown individual took him to a parking lot where they waited for another vehicle to arrive. Alien 2 said that another vehicle showed up driven by Hernandez. Alien 2 said that he had gotten in the vehicle. Alien 2 said that his brother had made the arrangements for him to be smuggled to New York.
Agent Roland interviewed another passenger (“Alien 3”). Alien 3, a Mexican national, said that he had illegally crossed the United States border near Camargo, Mexico (Rio Grande City, Texas). Alien 3 said that after he had crossed the border, he was taken to Houston, Texas, where he was taken to a house and told to wait for a vehicle to arrive. Alien 3 said that a vehicle arrived at the house and that he had entered the vehicle. Alien 3 said that Hernandez was the driver of the vehicle. Alien 3 said that his uncle had made the arrangements for him to be smuggled to South Carolina.
Agent Roland interviewed another passenger (“Alien 4”). Alien 4, an Ecuadorian national, said that he had illegally crossed the United States border near McAllen, Texas. Alien 4 said that he was driven from McAllen, Texas to Houston, Texas by an unknown individual. Alien 4 said that he was taken to a house in Houston, Texas where he was told to wait for a vehicle to arrive. Alien 4 said that an unknown person at the house and took him to a store, where they waited for another vehicle to arrive. Another vehicle did arrive, driven by Hernandez. Alien 4 said that he was told to get in the car driven by Hernandez. Alien 4 said that his father had made the arrangements for him to be smuggled to New York.
Agent Roland also interviewed Hernandez. He said that a relative had told him that she knew of a woman that had some people who needed to go up north. Hernandez said that the woman’s son dropped off the individuals – who were discovered in Hernandez’s vehicle during Bishop’s traffic stop – at his house. Hernandez said that the individual gave him some gas money and an address. Hernandez said that he believed that he was going to be paid $100 per alien located in the vehicle.
The United States Border Patrol and the Mobile County Sheriff’s Office investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.Two Defendants Charged with Crimes Relating to Public Corruption in Mobile CountyRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that James Antuan Blackman and Kim Wright Green have been charged in two separate federal cases with offenses regarding public corruption in local government in Mobile County, Alabama. Blackman and Green face related state charges in Mobile County.
On December 18, 2019, a federal grand jury for the Southern District of Alabama returned an 18-count indictment against Blackman, charging him with theft concerning programs receiving federal funds, wire fraud, and money laundering. His arraignment in federal district court in Mobile is scheduled for January 15, 2020. According to the indictment, from around November 2016 to around January 16, 2018 Blackman was the Chief of Staff and Administrative Assistant to the Mayor of Prichard, Alabama. In that position, Blackman was an agent of the City of Prichard, Alabama, a local government that received over $10,000 under a federal program involving federal assistance during each year material to the indictment.
The indictment charges that from around November 2016 to around January 2018, Blackman used his position with the City of Prichard to enrich himself by diverting to his personal benefit approximately $200,000 in money and property belonging to the City of Prichard. According to the indictment, Blackman enriched himself by submitting false invoices to the City of Prichard; by taking and depositing for himself checks payable to the City of Prichard, and checks payable to other entities in the care, custody and control of the City of Prichard; and by using his position with the City of Prichard to divert ownership of real property from the City of Prichard for his personal benefit. The indictment also charges that Blackman laundered money by causing a wire transfer of approximately $39,200.36 to be sent from a bank account that he controlled to a title company to facilitate the purchase of real property.
In December 2019, United States Attorney Moore charged Green in a 3-count information, alleging that she had committed theft concerning programs receiving federal funds and filed a false tax return. Green’s arraignment in federal court in Mobile is scheduled for January 10, 2010. According to the criminal information, from around January 2013 to around February 2017 when Green was the City Clerk of the City of Creola, she allegedly embezzled money from the city, resulting in a financial loss to the city of approximately $241,581.
The criminal information against Green further alleges that from around March 2017 to around November 2019, when Green was the City Clerk of the City of Prichard, she allegedly embezzled money from the City of Prichard as Prichard’s City Clerk, resulting in a financial loss to the city of approximately $158,449. Moreover, the criminal information alleges that Green filed a false tax return that stated that her adjusted gross income was $57,341 for the calendar year 2015, whereas, as Green then and there knew, her actual adjusted gross income allegedly exceeded $57,341 for that year, during which she embezzled more than $56,000 from the City of Creola and knowingly failed to report her criminal proceeds as income on her tax return.
Criminal indictments and informations contain only allegations and are not evidence of guilt. Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
The Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation are investigating the federal cases with assistance from the Investigations Team of the Mobile County District Attorney’s Office. Assistant United States Attorneys George Martin and Sinan Kalayoglu are prosecuting the cases.
Grand Bay Insurance Agent Receives 78 Month Sentence for Wire FraudRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that on January 6, 2020, Thomas “Tommy” Edward Burns of Grand Bay, Alabama was sentenced to 78 months imprisonment and restitution in the amount of $121,208.59 for wire fraud before United States District Judge Jeffery U. Beaverstock.
According to court documents filed in connection with his guilty plea on August 12, 2019, Thomas Edward Burns, who was the sole owner of the Tommy Burns Agency, LLC, an insurance agency located in Grand Bay, Alabama, sold insurance policies to be issued by various insurance carriers. Burns would provide potential customers a premium quote for an insurance policy. Once the customer paid the premium, Burns would have the insurance carrier issue the insurance policy or a 30-day binder. Burns took the insurance premiums from customers, but failed to pass along the premiums to the insurance carriers, thereby causing the carriers to cancel many of the policies for nonpayment and leaving individuals and their properties uninsured.
At the sentencing hearing, a Special Agent from the Federal Bureau of Investigation testified that at least 51 victims had been identified. Five victims appeared at the sentencing hearing to testify about the impact of having their premiums stolen and their properties left uninsured.
As part of the plea agreement entered into by Burns, the United States also required Burns to immediately surrender all professional licenses, including but not limited to all insurance and brokerage license(s), and to not seek reinstatement of those licenses.
Special Agents of the Federal Bureau of Investigation, the Alabama Insurance Commission, officers of the Mobile County Sheriff’s Office and the Mobile County District Attorney’s Office assisted in the investigation of this case. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Jamie A. Wilson.
Local Compounding Pharmacy and Owners Christopher and Marti Burgess, Agree to Pay over $1.9 Million to Resolve False Claims Act AllegationsRead the Press Release
United States Attorney Richard W. Moore, of the Southern District of Alabama (SDAL), announces that Heritage Compounding Pharmacy, LLC (Heritage), and its pharmacist owners, Christopher and Marti Burgess, of Fairhope, Alabama, have agreed to pay over $1.9 million to resolve allegations that they violated the False Claims Act (FCA) stemming from the payment of illegal kickbacks and the implementation of a refill scheme of medically unnecessary pain creams.
“The U.S. Attorney’s Office is committed to holding health care providers responsible who manipulate and abuse the TRICARE program in order to seek financial gain and who lack regard for TRICARE patients,” said U.S. Attorney Moore.
In a complaint filed on October 29, 2019, the United States alleged that between January 1, 2013 to May 1, 2015, Heritage and its owners submitted false claims to TRICARE, a federally funded health care program for military personnel and their families. The Government alleged that the Defendants, through their “sales representatives”, paid physicians in the form of extravagant dinners and other entertainment perks, to induce prescribing. Heritage employed a sales force to strategically market pre-printed and pre-formulated topical pain cream prescriptions to prescribers in military populated territories such as Kansas City, Southwest Missouri, and Topeka/Manhattan. Many of these creams contained the Schedule III controlled substance Ketamine. Per the complaint, taking advantage of TRICARE’s per ingredient reimbursement policy, without regard to patient need, Heritage implemented a high dose refill scheme costing TRICARE over $27,000.00 per claim for medically unnecessary pain creams prescribed without a valid physician-patient relationship. The local pharmacy shipped large quantities of pre-formulated medication to TRICARE beneficiaries. The U.S. Department of Veterans Affairs (CHAMPVA) also suffered losses from this fraud scheme.
“The Defense Criminal Investigation Service's will tirelessly pursue unscrupulous companies intent on defrauding and cheating TRICARE, the healthcare system serving our military and veterans. DCIS appreciates the U.S. Attorney's Office requiring the owners of Heritage Compounding Pharmacy to remunerate TRICARE for prescriptions that were not medically necessary or even utilized by many of the beneficiaries,” stated Special Agent in Charge Cynthia A. Bruce, DCIS, Southeast Field Office.
The investigation and litigation were conducted by the United States Attorney’s Office -SDAL, DCIS and CHAMPVA. The FCA claims settled are allegations only, and there has been no determination of liability. The case is captioned U.S. v. Heritage Compounding Pharmacy, LLC, et al., Civil Action No.19-870-B (S.D. Ala.).
Selma Men Sentenced for Armed CarjackingRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Timical Hall and Tyre J. Webster of Selma, Alabama, were sentenced in federal court for their roles in an armed carjacking. In August 2019, Hall pleaded guilty to two charges—carjacking and brandishing a firearm in furtherance of a crime of violence. A week later, Webster pleaded guilty on two counts—carjacking and conspiring to commit carjacking.
At approximately 8:50 pm on February 5, 2019, the victim pulled over to the side of the road in Valley Grande, Alabama, to reply to a text message. Hall and his co-defendants, Webster and Rayford D. Mitchell, pulled up behind the victim in a stolen Nissan Altima. The three men exited the Nissan and approached the victim’s vehicle. Hall and Mitchell each wore masks and were armed with loaded firearms. Mitchell approached the driver’s side where the victim was sitting with her window cracked, pointed a gun to the victim’s temple, and ordered her to open the door “before I blow your fucking brains out.” Mitchell repeatedly poked the victim in her shoulder with the barrel of the gun. As she opened the door, Mitchell reached into the vehicle, grabbed the victim, and threw her down on the concrete. Simultaneously, Hall approached the front passenger’s side of the vehicle and beat on the glass window with his gun until it shattered. Mitchell told the victim, “You better be glad I don’t want to kill a bitch tonight or you would be a dead bitch.” One of the men asked the victim for her money and she replied that it was in her wallet in the vehicle. Mitchell grabbed the victim and shoved her into the vehicle, demanding that she retrieve the wallet and give it to him. The victim complied. Hall then approached the victim, put the barrel of his firearm to her chest, and ordered her to give him her cell phone and the code for it. The victim provided the cell phone but not the code. The three men then fled the scene; Mitchell drove away in the victim’s vehicle, which had the victim’s purse inside, while Hall and Webster fled in the stolen Nissan.
Video surveillance depicts all three assailants rummaging through the victim’s purse at an apartment complex minutes after the carjacking. Law enforcement located the victim’s purse and items belonging to the victim within approximately 15 feet of that location. Later during the evening of the carjacking, police officers located the defendants in the stolen Nissan at a local convenience store. Mitchell unsuccessfully attempted to flee but was apprehended in possession of a .9mm pistol. Police located Hall and a 7.62x39 caliber, AK-style firearm in the stolen Nissan. Webster eluded capture and was arrested approximately a week later.
On December 4, 2019, Senior United States District Judge Callie V.S. Granade sentenced Hall to a term of 121 months’ imprisonment, consisting of 37 months on the carjacking charge and 84 months on the gun charge, ordering that the sentences run consecutively. Hall will serve a term of five years on supervised release upon the completion of his sentence. For his role in the offense, on December 4, 2019, Judge Granade sentenced Webster to 63 months’ imprisonment and a three-year term of supervised release. Hall and Webster were not ordered to pay a fine, but the judge withheld an order on restitution in an amount to be determined. The court also ordered each defendant to pay $200 in special assessments. The court sentenced Mitchell to 130 months’ imprisonment in November 2019.
The Selma, Alabama Firearms Enforcement (S.A.F.E.) Task Force investigated the case and brought it to the United States Attorney’s Office for prosecution. The S.A.F.E. Task Force is comprised of the Selma Police Department, the Dallas County Sheriff’s Office, the 4th Judicial Drug Task Force, the Alabama Bureau of Pardons and Paroles, the Alabama Law Enforcement Agency, the State of Alabama Attorney General’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorneys Gina Vann and Erica Hilliard.
Felon in Possession of a Firearm Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Robert Lee Powell, II, 52, of Columbia, Tennessee, was sentenced today in federal court for being a convicted felon in possession of a firearm. Powell pled guilty to the charge in August of 2019.
United States District Court Judge William H. Steele imposed a sentence of time served, and placed Powell on supervised release for a period of three years. During that time, Powell will undergo testing and treatment for drug abuse. No fine was impose, but the judge ordered that Powell pay $100 in special assessments.
The case was investigated by the Selma Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Cocaine Trafficker Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Patricia Rodriguez, 42, of Buenaventura, Colombia, was sentenced today for her role in a cocaine distribution conspiracy that operated between Houston, Texas, and Mobile, Alabama. Rodriguez was extradited from Colombia to face the federal charge, and she entered a guilty plea in March of 2019.
United States District Court Judge Kristi K. Dubose imposed a sentence of 36 months imprisonment. Rodriguez will be turned over to a duly authorized immigration official for deportation upon completion of her federal sentence. The judge also imposed a supervised release term of five years and a $100 special assessment. No fine was imposed.
The case was investigated by the Department of Homeland Security Investigations and the Mobile County Sheriff’s Office. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.Armed Drug Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Richard Wayne Bennett, 44, of Robeline, Louisiana, was sentenced this morning for his possession with intent to distribute methamphetamine and possession of a firearm in relation to a drug trafficking felony. Bennett pled guilty to the two charges in March of 2019.
United States District Court Judge Kristi K. Dubose imposed a sentence of 10 years on the drug count, and 5 years on the gun count, to be served consecutively as required by law. The judge ordered that Bennett will serve 5 years on supervised release following his release from imprisonment, during which he will undergo testing and treatment for drug abuse. No fine was imposed but Bennett was ordered to pay $200 in mandatory special assessments.
The case was investigated by the Baldwin County Sheriff’s Office and the Drug Enforcement Administration. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Defendant Receives 147 Months in Prison for Robbing Eight Commercial Businesses with FirearmRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that United States District Judge Terry F. Moorer sentenced defendant Deonta Terrell Felts, 26, to imprisonment for 147 months for interference with commerce by robbery and for brandishing a firearm during and in relation to a crime of violence. As part of the sentence, the judge ordered that Felts undergo three years of supervised release after finishing his term of imprisonment, pay a $200 mandatory special assessment; receive substance abuse testing and mental health treatment as directed by the U.S. Probation Office; face credit restrictions; and pay restitution totaling $7,159.24. The judge also recommended to the Bureau of Prisons that the defendant receive substance abuse treatment while incarcerated.
On June 27, 2019, a federal grand jury for the Southern District of Alabama charged Felts with four counts of interference with commerce by robbery in violation of 18 U.S.C. § 1951(a) and four counts of brandishing a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A)(ii). On August 15, 2019, Felts appeared before District Judge Moorer and pleaded guilty to a robbery charge and to a brandishing charge.
Felts admitted to the following facts at his plea hearing. In September and October 2017, in the Southern District of Alabama and elsewhere, Felts committed Hobbs Act robberies of commercial businesses. Each robbery was a crime of violence per 18 U.S.C. § 924(c)(3) that obstructed, delayed, and affected interstate commerce. During each robbery, Felts brandished a firearm and knowingly took property against a victim’s will by using actual or threatened force, or violence, and caused the victim to fear harm, either immediately or in the future.
At 12:42am on September 10, 2017, Felts entered Baymont Inn & Suites, 5634 Tillmans Corner Pkwy, Mobile, Alabama 36619 with a handgun. He approached J.N. and demanded money from the register. Felts pointed the gun at J.N., who froze for a moment. Felts walked behind the counter with J.N. and told J.N. to open the register. Felts went into the drawer and took the cash along with the change. J.N. gave Felts $301.29 from the drawer. Felts took the money and fled the business on foot.
At 2:45am on September 11, 2017, Felts entered CEFCO, 29626 State Hwy 181, Daphne, Alabama 36526 wearing dark blue jeans with a black shirt wrapped around his head. Felts showed store clerk C.G. a black semi-automatic pistol, which he was carrying in his right hand. Felts had the pistol close to his right hip and pointed it in the clerk’s direction. Felts laughed as C.G. was standing in shock. Felts told C.G. to open the register, which C.G. did. Felts then told the clerk to open the safe. The clerk said, “I can't open the safe.” Felts told C.G. to turn the key on the safe, which the clerk did, showing Felts that the key would not open the safe. Felts then told the clerk to open the other register. The clerk handed Felts all of the five and twenty-dollar bills out of both registers. Felts then demanded all the quarters, which C.G. gave. Felts placed all of the money in his pockets and then told C.G. to “give me all the Newport green 100’s and Kool greens.” C.G. grabbed four cartons of each, placed them in a plastic bag, and handed the bag to Felts, who told C.G. that the clerk “was attractive and don't call the cops.” Felts left the store, stealing $490 from CEFCO: $400 worth of cigarettes and $90 in U.S. currency.
At 3:14am on September 11, 2017, Felts entered Waffle House, 13101 E. Flowerwood Rd, Loxley, Alabama 36551 wearing blue jeans and a black long-sleeved shirt over his head and shoulders. Felts brandished a mid-sized black semi-automatic handgun and demanded cash from the register. Felts ordered the employees, S.H. and E.T., to hand him the cash. He did not touch the register or counter. After stealing $300 in cash from the register, Felts ordered the employees to open the safe. S.H. told Felts that S.H. was unable to access the safe. Felts then left Waffle House and returned to a vehicle parked behind the business. Felts fled northbound on Highway 59.
At 10:40pm on September 12, 2017, Felts entered Domino’s Pizza, 6305 Cottage Hill Rd, Mobile, Alabama 36609 wearing a black hoody, dark colored jeans, and a black shirt draped over his head. Felts brandished a black semiautomatic pistol towards R.C., who was standing at the counter. Felts demanded all the money from the register but determined that there was not enough money in the register, so he demanded that the safe be opened. Another victim, D.W., then opened the exterior portion of the safe. Felts removed money from the safe and the register. Felts stole $388.42 from the business and fled the scene.
At 12:04am on September 13, 2017, Felts entered Circle K, 9875 Airport Blvd., Mobile, Alabama 36608 with a black t-shirt covering up his head. He pointed a black semi-automatic pistol at the clerk, C.C., and demanded property. C.C. retrieved Newport cigarettes and cigarillos from the shelves. Felts obtained the items as well as $80 from the safe and $114 from the register, and fled the store. In total, Felts stole $1,634 from Circle K: $194 in cash, $640 worth of cigarettes, and $800 worth of cigarillos.
At 9pm on September 13, 2017, Felts entered Subway, 951 Schillinger Rd N E, Mobile, Alabama 36608 armed with a black handgun and gloves. He demanded that C.H. open the cash register and give him money. Felts threatened to shoot C.H. in the foot. Felts forced C.H. at gunpoint to open the safe to get money out of it. Felts stole $200 in U.S. currency from the safe and $50 in U.S. currency from the cash register. Felts fled the scene on foot. C.H. used her cell phone to call 911.
At 9:44pm on September 13, 2017, Felts entered Dollar General, 2381 Dawes Rd, Mobile, Alabama 36695 wearing a black sweatshirt and gloves and armed with a gun. Felts walked up to the register area where one employee, S.M., was located behind the counter. Felts called another employee, J.W., to come to him. Felts brandished a small black semi-automatic handgun and pointed it at J.W.’s chest. Felts demanded money from S.M. from the register and told S.M. to open the safe. Felts took the money and placed it in his pocket. Felts then escorted the victims at gunpoint back to the manager’s office, made J.W. give him his phone, and kept the victims in the office before leaving. Felts exited the store on foot heading north through the parking lot. Officers later tracked the stolen cell phone back to the inside of the store. In total, Felts stole $252 in cash from Dollar General.
At 7:22pm on October 21, 2017, Felts entered Hibbett Sports, 3 W. Nine Mile Rd., Pensacola, Florida 32534. He wore blue gloves and a blue bandana that fell down several times during the robbery. Felts pointed a Glock handgun at two store clerks, D.S. and S.R., told them he was robbing them, and demanded that they go to the back room where the safe was. Hibbett Sports had no safe, which S.R. tried to explain. Felts got angry, pointed the gun at the clerks’ heads, and said that he was going to kill them if they did not give him the money. Felts pulled out a white zip tie from his pocket and ordered S.R. to tie D.S.’s hands behind his back. S.R. tried to tie D.S.’s hands but left the tie loose. Felts then ordered S.R. to get him two pairs of shoes from the stock room. S.R. did so. Felts took the shoes and ordered S.R. to give him S.R.’s iPhone. Felts reached into D.S.’s front pocket and stole his cash.
Felts then ordered the clerks to go to the registers. Felts followed the clerks with the gun pointed at their heads and ordered D.S. to sit down. Felts demanded that S.R. grab a new backpack from the wall in the store, open the registers, and put money in it. S.R. opened the registers and began putting money in the backpack. Felts set his firearm on the floor next to D.S. When Felts started grabbing cash from the register and placing it in the backpack, D.S. freed his hands, grabbed the firearm, and started shooting at Felts. D.S. shot Felts twice as he fled out of the front door. Felts dropped the backpack with all of the cash in the store as he was running and lost one of his stolen shoes just outside the entrance. (Law enforcement officials later recovered $1,505 in the backpack.)
D.S. pursued Felts eastbound through the parking lot of the business, then southbound down Palafox St. D.S. chased Felts one block into the parking lot of Salute Gymnastics, where D.S. shot three more rounds at Felts. Three empty shell casings were found in front of Salute Gymnastics. Two empty casings were found inside of Hibbett Sports alongside the spent rounds that likely hit Felts. Law enforcement officials also found fresh blood drops leading out of the front of Hibbett Sports, on the sidewalk, and in the parking lot of Salute Gymnastics. According to a FBI laboratory report, DNA from floor swabs recovered from the robbery matched Felts’s DNA with very strong statistical support. In total, Felts owes $330 to Hibbett Sports for the estimated value of two pairs of Air Jordan tennis shoes; $51 to D.S. for the cash Felts stole from D.S.’s right front pocket; and restitution to S.R. for the value of the iPhone 7 that Felts stole from S.R. during the robbery. S.R. was injured during the robbery and incurred $3,162.53 worth of medical costs.
Later on October 21, 2017, Felts checked himself into Thomas Hospital in Fairhope, Alabama for gunshot injuries. He had been shot several times and was later transferred to USA Medical Center in Mobile, Alabama for treatment.At October 24, 2017, law enforcement officials interviewed Felts. After being Mirandized, Felts admitted to being responsible for robbing the CEFCO store in Daphne and the Waffle House in Loxley in September 2017. Felts said he had “f***ed up,” had used a “smoker car” for transportation during his robberies, and had traded drugs for use of the car. In a separate post-Miranda interview on October 24 with police officers, Felts made incriminating statements regarding robberies in Mobile County.
The Federal Bureau of Investigation, the Mobile Police Department, the Daphne Police Department, the Loxley Police Department, and the Escambia County Sheriff’s Office in Escambia County, Florida investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.
Selma Jury Convicts Man for Illegal Possession of a FirearmRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that a jury at the federal courthouse in Selma, Alabama convicted Jessie James Turner, Jr. of being a Felon in Possession of a Firearm, in violation of Title 18 USC Section 922 (g)(1), on November 14, 2019, after a three day trial. United States District Court Judge Terry F. Moorer presided over the trial. According to testimony at the trial, the case arose after Turner started firing through walls of his apartment and the Selma Police Department was called to the scene. Turner was found in possession of two AR-15 assault rifles and a .40 caliber handgun. Under federal law, Turner is prohibited from possession firearms or ammunition as a result of his previous felony convictions. The jury acquitted Turner of being in possession of a stolen firearm in violation of Title 18 USC Section 922 (j).
The case was tried by Assistant United States Attorney (AUSA) Kasee S. Heisterhagen with the assistance of AUSA George F. May, Deputy Criminal Chief. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Selma Police Department. Turner’s sentencing was set by Judge Moorer for February 27, 2020.
Mobile County Man Sentenced to 15 Years for Disharging a Firearm in Attemped CarjackingRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Johnothan L. Lavender, 31, of Mobile, Alabama, was sentenced in federal court for discharging a firearm in furtherance of a crime of violence. Lavender pleaded guilty to the charge in August of 2019.
According to court documents filed in connection with his guilty plea, Lavender admitted that on December 26, 2017, he was approached by the victim, who wanted to buy a quantity of marijuana while at a gas station on Cottage Hill Road in Mobile. Lavender agreed to sell the victim marijuana and told the victim to follow him. Lavender got into a vehicle being driven by his co-defendant, Ryan D. Tandy-Ross, 23, of Prichard. The victim followed behind the defendants in his vehicle. Once on Jones Road, Tandy-Ross stopped the vehicle and Lavender stepped out. Lavender told the victim that the marijuana was hidden in the bushes. Lavender and Tandy-Ross then attempted to carjack the victim. In the process, the victim was shot. During the attempted carjacking, Lavender presented a Ruger .40 caliber pistol. The victim, who sped away from the assailants, sustained a gunshot wound that was painful but was not life-threatening.
United States District Court Judge Terry F. Moorer sentenced Lavender to a term of 180 months’ imprisonment. Lavender will serve a term of 5 years on supervised release upon the completion of his sentence, during which time he will undergo substance abuse treatment. Lavender was not ordered to pay a fine, but was ordered to pay a $100 special assessment. For his role in the offense, Tandy-Ross previously had pleaded guilty to a carjacking charge. On October 17, 2019, Judge Moorer sentenced Tandy-Ross to 70 months’ incarceration—a downward departure based on Tandy-Ross’s substantial assistance in the United States’ investigation and prosecution of the matter.
The case was investigated by the Mobile Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gina S. Vann.
Methamphetamine Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Christopher Aaron Roddenberry, 30, of Milton, Florida, was sentenced to 15 years imprisonment in federal court this morning for his participation in a conspiracy to possess with intent to distribute methamphetamine ice. The indictment alleged that the conspiracy continued during 2016 and involved the distribution of more than 50 grams of methamphetamine, which established that the minimum mandatory sentence in the case would be at least 10 year imprisonment. Roddenberry pled guilty to the conspiracy charge in March of 2019.
At the sentencing hearing, United States District Court Judge Terry F. Moorer imposed the 15 year sentence, and ordered that Roddenberry will serve a term of 5 years of supervised release after he serves his term of imprisonment. The judge ordered that Roddenberry will undergo testing and treatment for drug abuse during his supervision. No fine was imposed, but the judge ordered that Roddenberry would pay a $100 special assessment.
The case was investigated by the Baldwin County Sheriff’s Office, the Bay Minette Police Department, and the Federal Bureau of Investigation. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Husband and Wife Sentenced in Child Sex Abuse Case: Husband Receives 40 Years in Prison; Wife Receives 10 YearsRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that Chief United States District Judge Kristi K. DuBose sentenced defendant Mack Doak, 51, to 40 years imprisonment and his wife, co-defendant Jaycee Doak, 42, to 10 years imprisonment after a federal jury found them guilty at trial in May 2019 on all charges in a child exploitation case spanning multiple jurisdictions. The defendants faced up to life in prison for their crimes. As part of their sentences, the judge ordered that the defendants receive mental health and sex offender treatment as directed by the U.S. Probation Office, register as sex offenders under the Sex Offender Registration and Notification Act, and pay restitution totaling $225,000. The judge further ordered Mack Doak to pay a $30,900 mandatory special assessment and to be on supervised release for 15 years after finishing his prison term. The judge also ordered Jaycee Doak to pay a $25,600 mandatory special assessment and to be on supervised release for 5 years after finishing her prison term.
After the sentencing hearings, United States Attorney Moore said, “The investigators and prosecutors did their job. A jury of the defendants’ peers found them guilty beyond a reasonable doubt. The Court has imposed substantial sentences of imprisonment. Our criminal justice system has worked as best we could expect. Still, we take little comfort in any of this because the damage to young lives here is so severe and so undeserved. We cannot make these children whole again. Something precious has been taken from them that we are powerless to give back. What we can do is stand together against the horror of child sex abuse and always do our best to protect children from evil whenever possible. This case is a reminder that we must always be vigilant when the safety of our children is at risk.”
Federal Bureau of Investigation (FBI) Special Agent in Charge James Jewell stated, “Crimes against children are always a priority but when the men and women of the FBI can assist our state and local partners bring a sense of justice to these young victims then this prosecution is a success. The sentences handed down today from the courts will hopefully deter a predator from hurting a child in the future.”
On August 31, 2018, a federal grand jury for the Southern District of Alabama indicted the defendants on one count of violating 18 U.S.C. § 2423(a), a statute that criminalizes the transportation of minors across state lines with intent to engage in criminal sexual activity. The grand jury returned a 9-count superseding indictment on March 29, 2019, charging the defendants with six counts of violating 18 U.S.C. § 2423(a) and Mack Doak with three counts of violating 18 U.S.C. § 2241(c), a statute that criminalizes aggravated sexual abuse by prohibiting the crossing of a state line with intent to engage in a sexual act with a child under the age of twelve.
The jury heard three days of evidence during the trial, which began on May 20, 2019. According to the evidence introduced at trial, three child victims were abused for years by the defendants. The victims testified at trial that Mack Doak had sexually abused them in Texas, Florida, and Alabama and that they had disclosed the sexual abuse to Jaycee Doak, who was herself physically and verbally abusive and had tried to cover-up the sexual abuse.
In 2012, Mack Doak began sexually abusing Victims 1-3 in Rosharon, Texas. Victim 1 testified that she told Jaycee Doak when the abuse started in Texas that Mack Doak had raped her. Jaycee Doak insisted that Victim 1 not tell anyone because disclosure of the abuse would be ruinous. One witness testified that Jaycee Doak told her about Victim 1’s rape allegation and that Jaycee Doak told the witness not to tell anyone. The witness testified that she urged Jaycee Doak to report the abuse and take Victim 1 to a doctor but that Jaycee Doak did neither. Another witness testified that she herself was raped by Mack Doak years earlier and that she had disclosed the abuse to the defendants in 2012. Another witness testified that around March 2013, after allegations of Mack Doak’s sexual abuse had begun to surface, Mack Doak had a pistol in his hand at his home and had threatened suicide, telling the witness, “I did something really bad and I’m not going to jail for it.”
In early 2014, the defendants moved from Rosharon to Butler, Alabama and then in August 2014 relocated to Pinellas Park, Florida, where Mack Doak continued to sexually abuse the victims. The defendants moved in November 2016 to Thomasville, Alabama, where the abuse persisted. The jury heard testimony that Mack Doak would periodically call a victim into his bedroom, close the door, and play loud music, and that the victim would appear upset after exiting the room. One witness testified that he saw Mack Doak sexually abusing Victim 2 one morning at the defendants’ home in Thomasville, and that Mack Doak saw him and told him to return to bed and not discuss what he had seen. After less than a year in Thomasville, the defendants moved to Monroeville, Alabama, where the sexual abuse continued and Jaycee Doak’s physical and verbal abuse escalated.
In early February 2018, the Monroeville Police Department received information about the sexual abuse. On February 4, a police investigator and a Monroe County Department of Human Resources caseworker visited the victims, who disclosed the abuse and indicated that they were unsafe in the defendants’ care. The next day, the defendants were arrested on state charges for rape, incest, and sexual abuse. On February 8, the victims were forensically interviewed at a child advocacy center in Brewton, Alabama and elaborated upon the abuse. Victim 1 told her interviewer that she had been sexually abused alongside a mat in the basement area of the defendants’ home in Monroeville. On February 9, the police executed a search warrant at the defendants’ home and seized physical evidence, including the mat. The police later took buccal samples from Mack Doak and the victims and sent the samples and the mat to an FBI laboratory in Quantico, Virginia for testing. An FBI forensic examiner testified at trial that the likelihood ratios were very high that the mat contained Mack Doak’s semen and Victim 1’s DNA. Moreover, a pediatrician who had physically examined the victims testified that they showed signs of having been sexually abused.
The victims wrote to the Court before today’s sentencing hearings. They described how the defendants’ abuse had irreparably altered their lives.
The FBI, the Monroeville Police Department, and the Alabama Law Enforcement Agency investigated the case. Assistant United States Attorneys Sinan Kalayoglu, Kacey Chappelear, Maria Murphy, and Scott Gray prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Cocaine Trafficker Sentenced to 30 YearsRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Victor Estrada, 48, of Laredo, Texas, was sentenced in federal court for his participation in an interstate drug distribution organization. Court documents showed that Estrada and his co-defendant Linda Lancon, 29, also of Laredo, were stopped in a bobtail tractor on Interstate 65 in Mobile County, by Saraland police. The officers found 35 kilograms of cocaine in a cardboard box behind the passenger seat in the cab after a drug detecting dog gave a positive indication for the odor of narcotics. Officers later discovered a tracking device in the tractor, the records of which showed several prior trips made by the vehicle to the Atlanta, Georgia, area, which was the intended destination for the drugs seized in this case. Estrada pled guilty to the charge of conspiracy to possess with intent to distribute cocaine in March of 2019.
United States District Court Judge Terry F. Moorer imposed a sentence of 30 years imprisonment, finding that Estrada was a career criminal with a high risk of recidivism. The judge also found that Estrada’s history of domestic violence also established that he was a threat to the community. Judge Moorer ordered that Estrada will serve 5 years of supervised release following his term of imprisonment, during which he will undergo drug abuse testing and treatment. No fine was imposed but Estrada was ordered to pay $100 in special mandatory assessments.
The case was investigated by the Saraland Police Department and the Department of Homeland Security, Homeland Security Investigations. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Choctaw County Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Colby Roy Austin pled guilty to a two count indictment for 21 USC 841(a)(1) and 18 USC 922(g)(1), Possession with Intent to Distribute Methamphetamine and Possession of a Firearm by a Prohibited Person (Felon). Austin faces a statutory penalty of five to forty years on count one and up to ten years on count two. The sentencing date is set for January 31, 2020.
Austin admitted to the following facts at his plea hearing. On February 18, 2019, deputies from Choctaw County, Alabama received a call for a car accident. When the deputies arrived the driver, later identified as Austin, was slouched over the steering wheel and unresponsive. Deputies used a baton to break the passenger window. When this happened, Austin woke up and was asked to get out of the car. When Austin opened the door a firearm was visible in the driver side door. Austin had previously been convicted of a felony offense and admitted he knew he was not allowed to possess a firearm. Austin was placed into custody. In a brown bag hanging from the rear view mirror was a bag containing approximately 10 grams of ice/methamphetamine. Other items recovered from the vehicle included a pipe for smoking drugs, digital scales, and clear plastic bags. All these items are used for drug distribution.
The Choctaw County Sheriff’s Office and the Department of Homeland Security, Homeland Security Investigations investigated this case and Assistant United States Attorneys Michael Anderson and Alex Lankford prosecuted the case.
Armed Drug Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Dylan Kenneth Cox, 24, of Daphne, Alabama, was sentenced this morning in federal court on drug and gun charges. Cox pled guilty to the two charges-- using, carrying and possessing a firearm in furtherance of or in relation to a drug trafficking felony, and possession with intent to distribute marijuana and alprazolam (commonly known as Xanax) – during July of 2019.
United States District Court Judge Jeffrey U. Beaverstock imposed a sentence of one day on the marijuana count, which had resulted in an advisory guideline range of 0 to 6 months imprisonment. On the gun count, Judge Beaverstock imposed a sentence of 60 months, and ordered that it run consecutive to the one-day sentence for the drug charge. The judge also ordered that Cox will serve a total of five years on supervised release following his incarceration, during which he will receive mental health and drug abuse treatment. No fine was imposed, but the judge ordered that the defendant pay the special mandatory assessments of $200.
The case was investigated by the Daphne Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Court Sentences Four Drug Smugglers for Attempting to Smuggle 182 Kilograms of Cocaine into United States TerritoryRead the Press Release
On October 7, 2019 United States District Court Judge Jeffrey U. Beaverstock sentenced four drug smugglers: Angel Castro Garcia; Pedro Dino Cedado Nunez; Manely Enriquez; and Mike Castro Martinez, all Dominican Republic nationals, for attempting to smuggle 182 kilograms of cocaine from the Dominican Republic to Puerto Rico. The men were previously convicted at a jury trial concluding on June 28, 2019. Judge Beaverstock sentenced Angel Castro Garcia, Manely Enriquez and Mike Castro Martinez to 188 months imprisonment. Pedro Dino Cedado Nunez was sentenced to 132 months confinement. The Court recognized that Nunez was honest when confronted by law enforcement about his illegal activities.
The case arose when, on December 24, 2018, a United States Customs and Border Protection aircraft spotted a suspected drug smuggling vessel operating in international waters northeast of the Dominican Republic. The vessel was travelling on a known drug smuggling route to Puerto Rico. The aircraft notified the United States Coast Guard (USCG) and the USCG Cutter “Richard Dixon” proceeded toward the drug smuggling vessel. The USCG Cutter then launched an Over the Horizon (OTH) Zodiac type vessel from the Cutter with a four man crew.
The OTH USCG vessel interdicted the 25-foot Yola style drug smuggling vessel operating in international waters northeast of the Dominican Republic. The drug smugglers attempted to jettison most of the cocaine when they spotted the USCG OTH vessel. The four man Coast Guard crew recovered approximately 182 kilograms of cocaine in the water and on board the drug smuggling vessel. The cocaine had a retail value of nearly $30 million dollars in the United States.
Title 46 United States Code, § 70501 states: Congress finds and declares that (1) trafficking in controlled substances aboard vessels is a serious international problem, is universally condemned, and presents a specific threat to the security and societal well-being of the United States and (2) operating or embarking in a submersible vessel or semi-submersible vessel without nationality and on an international voyage is a serious international problem, facilitates transnational crime, including drug trafficking, and terrorism, and presents a specific threat to the safety of maritime navigation and the security of the United States. Title 46 further provides that such offenses may be prosecuted in any United States federal district court.The case was prosecuted by George F. May, Deputy Criminal Chief and Luis F. Peral, Lead Organized Crime Drug Enforcement Task Force (OCDETF) Attorney. Appellate Chief Scott Gray also provided invaluable assistance on the case. The case was investigated by the United States Coast Guard and the Department of Homeland Security, Homeland Security Investigations.
Drug Runner Apprehended with Seven Kilos of Methamphetamine Sentenced in Federal Court to Ten Years in PrisonRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Judge Terry F. Moorer sentenced Du Minh Tran on October 4, 2019 to serve a term of imprisonment of 120 months followed by 5 years of supervised release for Conspiracy to Possess with the Intent to Distribute Methamphetamine in violation of 21 USC § 846 and Possession with Intent to Distribute Methamphetamine in violation of 21 USC § 841. The defendant previously entered a guilty plea with the Court on May 23, 2019.
Court documents filed in connection with his guilty plea establish that on November 29, 2018, the defendant Du Minh Tran and his co-defendant, Tadd Gobert, were en route to Mobile, Alabama when they were stopped in Covington, Louisiana for a traffic violation. At that time, Tran and Gobert were returning from picking up methamphetamine from a source of supply in Texas. Tran and Gobert had approximately seven kilograms of pure methamphetamine in their possession when they were stopped. Subsequently, Tran admitted to the authorities that he traveled to Texas on two occasions with Gobert to pick up methamphetamine.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations, and the Mobile Police Department Tactical Intelligence Unit. The case was prosecuted by Deputy Criminal Chief, Assistant United States Attorney George F. May.
Foley Resident Receives 18 Months in Prison for Bank FraudRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that United States District Judge Jeffrey U. Beaverstock sentenced defendant Samuel Maxwell Styron, 66, a resident of Foley, Alabama, to imprisonment for 18 months for bank fraud. As part of the sentence, the judge ordered that Styron undergo five years of supervised release after finishing his term of imprisonment, pay a $100 mandatory special assessment, receive drug and alcohol treatment as directed by the U.S. Probation Office, and pay restitution totaling $75,631. Bank fraud is a crime punishable by up to 30 years imprisonment under federal law.
Samuel Maxwell Styron admitted to the following facts at his plea hearing. Starting on January 15, 2019, he knowingly executed a scheme in the Southern District of Alabama to obtain funds owned by and under the custody and control of Pen Air Federal Credit Union, a federally-insured financial institution insured by the Federal Deposit Insurance Corporation on January 15, by means of material false and fraudulent pretenses, representations, and promises. On January 15, 2019, Samuel Maxwell Styron visited Pen Air in Robertsdale, Alabama and opened up an individual retirement account in his name by means of material false and fraudulent pretenses. He falsely represented to Pen Air that the account was for his inheritance and that proceeds in the account would consist of personal retirement funds. In truth, Samuel Maxwell Styron had no intention of depositing personal funds into the account for retirement purposes and using the account as a traditional IRA. After January 15, Samuel Maxwell Styron made several trips to Pen Air and engaged in financial transactions associated with the account. For example, in late January 2019 Samuel Maxwell Styron helped arrange for Pen Air to receive a check in the mail totaling $147,249.50 and to deposit the check into his retirement account, which Pen Air did on February 1. The check’s memo line stated, “SAMUEL MAXWELL STYRON (IRA-Deposit).” On February 4, Samuel Maxwell Styron and his son, Samuel Warren Styron, entered Pen Air in Robertsdale. While there, Samuel Maxwell Styron wire transferred approximately $72,400 to another financial institution and withdrew approximately $22,000 in cash, a portion of which he later used for various expenditures. Around February 6, 2019, Pen Air determined that the $147,249.50 check was counterfeit and subsequently notified Samuel Maxwell Styron that “[t]he check(s) you deposited in the amount of $147,249.50 was returned due to “ALTER/FICT.”
On April 25, 2019, a federal grand jury for the Southern District of Alabama charged Samuel Maxwell Styron and Samuel Warren Styron with one count of conspiracy to commit bank fraud in violation of 18 U.S.C. § 1349. On June 28, 2019, United States Attorney Moore charged Samuel Maxwell Styron with one count of bank fraud in violation of 18 U.S.C. § 1344, an offense to which he pleaded guilty the same day before the Court. On August 26, 2019, the Court revoked Samuel Maxwell Styron’s release conditions and ordered him detained before sentencing due to prohibited drug use.
On June 26, 2019, United States Attorney Moore charged Samuel Warren Styron with one count of making false statements to a federal agency in violation of 18 U.S.C. § 1001. He pleaded guilty to the offense the same day. As part of his plea, Samuel Warren Styron admitted to lying to the Federal Bureau of Investigation (FBI) about the location of certain funds withdrawn from Pen Air on February 4, 2019. On September 19, 2019, District Judge Beaverstock sentenced Samuel Warren Styron to time served and three years of supervised release, and ordered him to pay restitution totaling $10,326.The FBI and the Robertsdale Police Department investigated the cases, which were prosecuted by Assistant United States Attorney Sinan Kalayoglu.
Foley Man Sentenced to 30 Years for Child Pornography OffensesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Taras Hodivsky, Jr., 40, of Foley, Alabama, was sentenced today in federal court on charges of advertising child pornography and possession of child pornography. Hodivsky pled guilty to the charges in June of 2019.
According to court documents filed in connection with his guilty plea, Hodivsky was being investigated by Summerdale Police Department in response to allegations that he had sexually abused a seven year old girl. During the course of that investigation, Summerdale police officers seized Hodivsky’s cell phone. A forensic exam of the phone was performed by personnel of the Foley Police Department. That exam revealed approximately 2,430 still images and 13 video files which depicted the sexual exploitation of children. A further exam of the phone was completed by the FBI, which revealed that Hodivsky used an encrypted app to exchange images of child pornography with other users. Federal agents seized a second cell phone from Hodivsky and discovered an additional 802 images of child pornography on that phone. These images included images of prepubescent children engaged in sex acts and children engaged in sadistic or masochistic conduct.
Chief United States District Court Judge Kristi DuBose imposed a sentence of 360 months imprisonment. The judge ordered that Hodivsky undergo mental health treatment while incarcerated. The judge also ordered Hodivsky to serve a fifteen-year term of supervised release beginning upon his discharge from prison. Upon his release from prison, Hodivsky will be required to register as a sex offender. Chief Judge DuBose ordered that Hodivsky pay $164,415 in restitution and $12,200 in special assessments.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals, federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood and for information about internet safety education, visit www.usdoj.gov/psc
The case was investigated by the Summerdale Police Department, the Foley Police Department, and the FBI. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorneys Maria Murphy and Kacey Chappelear.
Mobile County Sentenced to 37 Months for Possession of a Firearm After Conviction of Five FeloniesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Derick Thomas Cumbie, a 26 year old resident of Mobile, Alabama was sentenced to 37 months of incarceration for possession of a firearm after being convicted of five felonies, namely, Theft of Property in 2018, Theft of Property in 2012, Burglary Third Degree in 2018, Receiving Stolen Property First Degree in 2018 and Unlawful Possession of a Controlled Substance in 2012.
On June 26, 2019, Cumbie entered a guilty plea pursuant to a plea agreement and admitted in open court that on February 3, 2019, Mobile County, AL deputies responded to a call for someone trespassing on property. When they arrived at the address on Padgett Switch Road in Irvington, they saw Cumbie get out of a Gray Nissan truck and flee when he saw the deputies. The deputies chased him and caught him. Cumbie told the deputies he ran because he had outstanding warrants. Deputies returned to the Nissan and saw, in plain view, on the front passenger seat a small quantity of methamphetamine (a field test confirmed it to be methamphetamine). The methamphetamine was seized. Deputies also saw, in plain view, a Glock pistol protruding from a duffle bag on the front passenger seat. Deputies seized the Glock and found it to be loaded. It is described as a Glock, model 17, 9mm pistol. After waiving his Miranda rights, Cumbie told the deputies that the Glock was his and he described it for them. Cumbie knew he was a convicted felon at the time he possessed the firearm.
Deputies of the Mobile County Sheriff’s Office along with special agents of the FBI investigated the case and brought it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Armed Meth Dealer Sentenced to Seven Years in Federal PrisonRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Ronald Clark Roddenberry, 52, of Little River, Alabama, was sentenced today in federal court on charges of conspiracy to distribute methamphetamine and felon in possession of a firearm. Roddenberry pled guilty to the charges in December of 2018.
United States District Court Judge Terry F. Moorer imposed a sentence of 84 months imprisonment on each count, to be served concurrently. The judge ordered that Roddenberry will undergo treatment for drug and alcohol abuse while incarcerated. The judge also ordered that Roddenberry will serve a five-year term of supervised release beginning upon his discharge from prison. During his supervision, Roddenberry will be subject to drug testing and further drug treatment. No fine was imposed, but Roddenberry was ordered to pay $200 in special assessments.
The case was investigated by the Bay Minette Police Department, the Baldwin County Sheriff’s Office, the Daphne Police Department, and the FBI Safe Streets Task Force. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Prichard Man Sentenced to 96 Months Imprisonment for Drug TraffickingRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Judge Callie V. S. Granade sentenced Edward Lamar Hunt on September 25, 2019 to 95 months confinement for Possession with the Intent to Distribute Crack Cocaine in violation of Title 21 USC Section 841.
The defendant plead guilty to this offense on July 23, 2018. The facts of court record established that on July 25, 2017, Mobile Police Department officers prepared to execute a search warrant at an apartment where the defendant was living with his girlfriend. Just before execution of the search warrant, the defendant happened to be walking out of apartment on a stairwell with his girlfriend. The defendant was in possession of 43 grams of crack cocaine and 30 grams of powder cocaine at the time. Upon seeing law enforcement, the defendant dropped the crack cocaine and powder cocaine into his girlfriend’s purse. The defendant possessed the crack cocaine and powder cocaine with the intent to distribute it.
Upon execution of the search warrant officers also recovered a handgun from the master bedroom the defendant shared with his girlfriend.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations, the Mobile Police Department and the Prichard Police Department. The case was prosecuted by Deputy Criminal Chief, Assistant United States Attorney George F. May.
Qui Tam Lawsuit and Federal Investigation Result in $1.45 Million Settlement by Vaughan Regional Medical Center, a LifePoint Health Subsidiary, Integrity Emergency Care, Inc. and Selma, Alabama Physicians Phillip Alan Hicks and Sai S. NamburuRead the Press Release
United States (U.S.) Attorney Richard W. Moore, of the Southern District of Alabama, announces that Vaughan Regional Medical Center, a community hospital located in Selma, Alabama, along with emergency room physicians Dr. Phillip Alan Hicks and Dr. Sai S. Namburu, also of Selma, have agreed to pay $1.45 million to resolve allegations that they violated the False Claims Act. Dr. Hicks, former Vaughan Chief of Staff and Director of Emergency Services, owned and operated Integrity Emergency Care, Inc., also a named and settling Defendant.
The allegations resolved by this settlement arose from a whistleblower lawsuit filed under the False Claims Act by Dr. Samuel Clemmons. He alleged residents who were not fully licensed were independently covering shifts in the Vaughan Emergency Department (Vaughan ER Department). According to Dr. Clemmons, he communicated with Vaughan and LifePoint Health about the illegal use of these residents in the Vaughan Emergency Department, and no action was taken. The whistleblower will receive $275,000.00 of the recovered funds.
“The significance of this case highlights the responsibilities of medical professionals and healthcare administrators to protect their patients from harm, and to prevent fraud against any federal health insurance program during the performance of their duties,” said U.S. Attorney Richard W. Moore for the Southern District of Alabama. “The citizens of the Selma community are entitled to quality healthcare administered by fully licensed physicians, and actions taken to put patient care in jeopardy and to circumvent state and federal law will not be tolerated.”
Per the investigation by the U.S., from mid-2009 to March 31, 2012, residents were recruited from the UAB-Selma Family Medicine Residency Program to independently treat patients in Vaughan’s ER Department outside the course and scope of their residency program. The residents were not fully licensed and credentialed physicians, yet per the investigation, were paid $50 per hour cash along with licensed emergency room physicians who were also paid an extra $50 per hour to co-sign the residents’ charts. This illegal moonlighting was perpetuated by falsifying medical records and submitting false claims to Medicare as if the services were provided by licensed physicians.
“Patients expect treatment by fully qualified medical professionals, and taxpayers should never be paying for healthcare provided fraudulently by an unlicensed physician–as alleged in this case,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will aggressively work with our law enforcement partners in pursuit of those who would defraud government health programs and the individuals they serve.”
The investigation and litigation were conducted by the Office of Inspector General, Department of Health and Human Services, and the U.S. Attorney’s Office. The FCA claims settled are allegations only, and there has been no determination of liability. A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Alabama at http://www.justice.gov/usao/als/. The case is captioned U.S. ex rel. Clemmons v. Vaughan Regional Medical Center, et al., Civil Action No. 2:14-cv-416-TFM-C (S.D. Ala.).Monroeville Man Sentenced to More Than 14 Years for Armed CarjackingRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Marcus Antoine Bivins, 30, of Monroeville, Alabama, was sentenced in federal court on two charges—carjacking and discharging a firearm in furtherance of a crime of violence. Bivins pled guilty to the charges in May of 2019.
According to court documents filed in connection with his guilty plea, Bivins admitted that on January 2, 2018, he and another man were in a GMC Yukon driven by the victim. Bivins was directing the victim where to go, ostensibly to pick up the other man’s truck. Bivins told the victim to drive down a dirt road that Bivins said led to his grandmother’s house, but was in fact a dead end. At the end of the road, Bivins pulled a pistol and pointed it at the victim’s head. The victim heard a click, which was Bivins pulling the trigger. The gun did not fire. The victim tried to escape from the car, and found the doors were locked. The second man tried to put a nylon cooler over the victim’s head, but ultimately the victim escaped the car. As he ran through the woods, the victim heard several shots. The victim found help and reported the incident to the Monroe County Sheriff’s Office.
The next day, Sheriff’s deputies responded to a wreck involving the GMC Yukon taken from the victim. At the scene of the wreck were Bivins and the other man, who both complained that they needed medical attention. Deputies asked Bivins if he was armed, and Bivins claimed he was not. However, during the process of treating Bivins, medical personnel in the ambulance found a Smith & Wesson .40 caliber pistol between his legs. The other man was interviewed and corroborated the victim’s account of Bivins taking the vehicle at gunpoint and shooting at the victim as he ran away. The second man said he and Bivins used the victim’s Yukon to attempt to burglarize businesses, including by ramming the car into the wall of one business. The man reported he and Bivins had wrecked the Yukon in a confrontation with another subject.
United States District Court Judge William H. Steele imposed a sentence of 177 months imprisonment, consisting of 57 months on the carjacking charge and 120 months on the gun charge, ordering that they run consecutively. Bivins will serve a term of 5 years on supervised release upon the completion of his sentence, during which he will undergo drug and alcohol abuse treatment and mental health treatment. Bivins was not ordered to pay a fine, but the judge ordered that he pay the victim of the carjacking $6,425 in restitution. Bivins was also ordered to pay $100 in special assessments. Bivins faces pending charges in Monroe County Circuit Court for murder and robbery first degree.
The case was investigated by the Monroe County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Florida Man Sentenced to More Than 26 Years for Drug and Gun CrimesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Tobais Deshawn McKay, 40, of Ft. Meyers, Florida, was sentenced in federal court in Mobile to 322 months’ imprisonment. In April of 2019, McKay pled guilty to three federal charges, attempt to distribute cocaine, felon in possession of a firearm and using, carrying or possessing a firearm in relation to or in furtherance of a drug trafficking felony.
Court documents filed in connection with his guilty plea reflect that McKay made contact with a confidential informant working with Homeland Security Investigations agents about obtaining large amounts of cocaine in Mobile which he would then take back to south Florida for distribution. They agreed on two kilograms as the initial delivery. When McKay arrived in Mobile to accept delivery, he brought cash and jewelry to exchange for the drugs. He was also found in possession of four guns. McKay’s prior felony convictions include Aggravated Battery with a Deadly Weapon and Trafficking in Heroin. McKay’s criminal history supported a finding under the United States Sentencing Guidelines that he is a career criminal, which set his advisory guideline range at 262 months to 287 months.
United States District Court Judge William H. Steele imposed the sentence of 322 months’ imprisonment, consisting of 262 months on the drug count, and 120 months on the felon in possession count, with those sentences running concurrent. Judge Steele ordered the 60 month mandatory minimum sentence for the using, carrying and possessing a firearm in relation to or in furtherance of the drug trafficking felony to run consecutively, as required by that statute. The total sentence was 322 months. Judge Steele also ordered that McKay will serve a total of 5 years on supervised release, following his release from imprisonment. He ordered that McKay will pay $300 in special mandatory assessments, but no fine was imposed. McKay will also undergo testing and treatment for drug abuse as a separate condition of his supervision.
The case was investigated by the Mobile County Sheriff’s Office and the Department of Homeland Security. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.
Dallas County Woman Charged with Theft of Government Funds and Aggravated Identity TheftRead the Press Release
United States Attorney, Richard W. Moore, of the Southern District of Alabama announces that Tonya Lewis, a 39 year old resident of Selma, Alabama was charged in a two Count Indictment with Theft of Government Funds (Count One) and Aggravated Identity Theft (Count Two). The Indictment alleges that Lewis stole approximately $95,689.44 from HUD that was entrusted to the Selma Housing Authority and that she stole the identity of another person to obtain a credit card.
Upon conviction, Lewis will face a maximum penalty of 10 years of incarceration, a fine of $250,000 and a supervised release term of three years for Count One. Lewis faces a minimum mandatory two years consecutive to any other sentence imposed, a fine of $250,000 and a supervised release term of three year for Count Two.Nadine E. Gurley, Special Agent in Charge, HUD-OIG remarked, ” [a]s the Office of Inspector General for the U.S. Department of Housing and Urban Development (HUD), it is our responsibility to investigate allegations of fraud against HUD and HUD funded agencies such as the Selma Housing Authority. We will continue to promote our efforts in conjunction with the U.S. Attorney’s Office during this investigation.”
An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until and unless he or she is proven guilty at trial.
Dallas County Man Found Guilty of Possession of a Firearm After Felony ConvictionRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Jarriet Rascoe, a 32 year old resident of Selma, Alabama was found guilty of possession of a firearm after conviction of a felony. The trial was held on September 6, 2019.
The evidence produced at trial showed that on February 7, 2019, Rascoe knew he was a felon. A Selma police officer conducted a traffic stop on a white Oldsmobile Cutlass being driven by Rascoe that was speeding. As the vehicles came to a stop, the officer ran a check on the tag of the vehicle. The vehicles came to a stop in Rascoe’s driveway. As the officer approached the driver’s side of the vehicle, Rascoe quickly exited the vehicle and said, “I don’t want a speeding ticket.” The officer told him to stop and stay where he was. Rascoe complied. The officer then asked Rascoe for his driver’s license and proof of insurance. Rascoe responded that he did not have his license on him and that he did not have insurance. Rascoe asked a child in the yard at his residence to retrieve his license from inside a different vehicle in the yard of the residence and the child did. The officer then ran Rascoe’s license and also learned that the tag came back to a different vehicle. The officer then believed that the vehicle may have been stolen. Next, he asked Rascoe if the vehicle was his and Rascoe said, “Yes.” Rascoe appeared nervous. The officer then asked Rascoe if he had illegal drugs or weapons in the vehicle. Rascoe replied, “No.” Next, the officer asked for permission to search the vehicle and Rascoe said, “No.” The officer decided to call for a K-9 unit. The K-9 unit arrived approximately four minutes later. The K-9 officer walked his dog around the vehicle and the dog alerted on the front driver’s door. A search was then conducted of the vehicle. Seized from the driver’s side floorboard was a very small quantity of marijuana. Seized from the trunk of the vehicle were three firearms. Two of the firearms were loaded. The firearms were described as a Smith & Wesson, model SD40, .40 caliber pistol, a Ruger, model P89, .9 caliber pistol and Smith & Wesson, model 51, .22 caliber revolver. Rascoe told the officers that he was aware of one of the firearms but not the other two. Rascoe asked the officers if the “feds were going to get the case?” One officer respond, I don’t know.” Rascoe asked again, “do you think the feds are gonna pick up this case?” That officer then responded, “You know you are a felon and should not be riding around with guns in the trunk.” At that time, Rascoe had been convicted of a felony.Officers of the Selma, AL Police Department along with special agents of the Bureau of Alcohol Tobacco Firearms and Explosives investigated the case and brought it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Dallas County Man Sentenced to 18 Months for Possession of a Firearm After Conviction of a FelonyRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Dontaveous Benjamin, a 28 year old resident of Selma, Alabama was sentenced to 18 months of incarceration for possession of three pistols after felony conviction for possession of marijuana.
On May 17, 2019, Benjamin pled guilty pursuant to a plea agreement and admitted in Court that on January 17, 2019, Selma, Alabama police officers went to the home of Benjamin’s paramour to execute an arrest warrant for Benjamin after charges were filed against him for shooting into an unoccupied residence. Upon arrival at the residence, officers made contact with Benjamin and his paramour. Benjamin was arrested without incident. Officers then asked his paramour for consent to search her residence and she provided written consent. During the consent search, officers seized three firearms found in and on top of a dresser in the living room. The firearms are described as a Hi-Point, CF380, .380 caliber pistol, a Talon Industries, model T200, 9mm pistol, and a Taurus, model 80, .38 caliber revolver. Benjamin gave a post arrest Mirandized statement. He stated that, “those guns were inside my granddad’s house. I think one of them belonged to a cousin . . .” Benjamin also stated that the revolved was given to him two months ago be someone who wanted to keep it from the police. Benjamin made several additional statements relating to the firearms.
At that time, Benjamin had been convicted of a felony, namely, Unlawful Possession of Marijuana 1st on February 14, 2013, in the Circuit Court of Dallas County, Alabama, case number CC-2012-00277.
Officers of the Selma, AL Police Department and special agents of the ATF investigated the case and brought it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Mobile County Man Sentenced to More Than 20 Years for Methamphetamine Trafficking ConspiracyRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Judge Terry F. Moorer sentenced Darrell Eugene Johnson on August 15, 2019 to 262 months confinement for conspiracy to distribute and manufacture methamphetamine, possession with the intent to distribute methamphetamine, and being a felon in possession of a firearm.
On May 14, 2019, after two days of hearing testimony from approximately 12 witnesses and reviewing documentary evidence, a federal jury convicted the defendant of the above offenses. Evidence in the case included a search warrant of Johnson’s home on May 16, 2017, where Mobile County Street Enforcement Narcotics Team (MCSENT) officers recovered multiple bags of pure methamphetamine totaling almost an ounce, packaged for resale, in the living room and bedroom of the home. Officers also found a .410 gauge Turkish-made shotgun in the home which the defendant falsely claimed belonged to an ex-girlfriend.
In a completely separate investigation on March 10, 2017, Johnson was stopped by a State Trooper east of Montgomery heading north on I-85. He had a small amount of methamphetamine in his vehicle but also had $8,000 in US currency. Johnson was with a girlfriend – the same girlfriend who was with him during the May 2017 search warrant in Mobile. Johnson’s girlfriend testified at trial that the sole reason she and Johnson were headed from Mobile to the Atlanta area was to have an affair since they were both married at the time. But text messages in Johnson’s phone showed that Johnson was travelling to the Atlanta, Georgia area to purchase methamphetamine.
The United States also introduced four separate other traffic stops/vehicle accident investigations in Mobile County, some dating back to 2012, in which Johnson was found in possession of methamphetamine and/or a methamphetamine active “cook.” The case was prosecuted by George F. May, Deputy Criminal Chief and Luis F. Peral, Lead OCDETF Attorney. Approximately twelve separate Special Agents and officers testified in the trial including agents/officers from the Drug Enforcement Administration, Homeland Security Investigations, the Alabama Law Enforcement Agency, the Mobile County Sheriff’s Office, the Mobile Police Department and the Prichard Police Department, as well as four separate forensic scientists from the US Customs and Border Protection Laboratory and the Alabama Department of Forensic Sciences Laboratory in Mobile and Auburn, Alabama.
Human Trafficker Sentenced to 24 Months in Federal PrisonRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that on August 15, 2019, United States District Court Terry F. Moorer sentenced Tee-Henry Wulu Currens, 22, to 24 months in federal prison for the violation of 18 United States Code 2421-- Transporting Any Individual in Interstate Commerce Intending to that Individual Engage in Prostitution. Judge Moorer considered Currens’s actions on the day he was arrested, as well as his conduct during his interview with a United States Probation Officer, which necessitated extra jail security in order to ensure her safety.
United States Attorney Moore said, “I want to congratulate both the Robertsdale Police Department and the Department of Homeland Security in Mobile for successfully pursuing this case. These human trafficking cases are often difficult to investigate and to prosecute but the Robertsdale Police Department and HSI stepped up on this case and did the hard work to bring this trafficker to justice. We do not have to accept that some people in our society will become sexual slaves. Both law enforcement and our community have a role to play in disrupting the traffickers’ trade.”
According to documents filed in connection with his guilty plea, in January 2019, Currens first met the female victim while she was working as a prostitute in Jacksonville, Florida, initially becoming her client. Soon after, Currens volunteered to work as his victim’s driver and provide her with security. The victim told investigators that Currens became abusive, controlling, and forced her to meet with clients, and Currens would subsequently keep all the money from the trafficking event. The victim stated that Currens would force her to have sex with clients and that he would physically beat her if she refused to be trafficked.
On or about March 1, 2019, Currens drove the victim from Panama City, Florida to the Mobile, Alabama area for the purpose of trafficking her during Mardi Gras celebrations.
On March 02, 2019, the Robertsdale Police Department received a 911 call from the victim, who had managed to get away from Currens during a stop at a local gas station. The victim reported that she had been kidnapped by Currens out of Florida and brought to Alabama to engage in prostitution. Upon their arrival, Robertsdale Police noted the victim was visibly upset and had bruising on her head, face, and legs consistent with assault.
Currens made post Miranda statements to law enforcement and admitted to the victim’s account of how the two had met. Currens also admitted that the two were from Florida and travelling to Mobile for the purpose of having the victim engage in prostitution. He stated they had argued while in Florida, where the victim had asked that he leave, but Currens refused.The Robertsdale Police Department, along with Department of Homeland Security, Mobile Field Office, investigated this case. “Human trafficking is a form of modern-day slavery, and the threats and abuse inflicted on these particular victims only adds to the heinous nature of the crime,” said Special Agent in Charge of Homeland Security Investigations Atlanta Nick S. Annan. “HSI is committed to working with our law enforcement partners to find and prosecute criminal traffickers while ensuring the victims of this terrible crime are rescued and get the care they need.”
Locally, The Rose Center in Mobile, is a drop-in center specializing in providing services and resources for victims of human trafficking. Alabama Director Crystal Yarbrough commented, “Today was a major victory for the women in our community who have had their voices silenced for far too long. Today the judge demonstrated that violence against women and the objectification of women will not be tolerated. This is an exciting day!”
Assistant United States Attorney Christopher Baugh prosecuted the case for the United States Attorney’s Office for the Southern District of Alabama.
Dallas County Man Sentenced to 30 Months for Possession of a Firearm after Conviction of a FelonyRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Jarvis Moss, a 38 year old resident of Selma, Alabama was sentenced to 30 months of incarceration for possession of a Smith & Wesson, .38 caliber pistol.
On May 30, 2019, Moss pled guilty and admitted in Court that on July 29, 2018, a Selma, Alabama police officer initiated a traffic stop on a Camaro being driven by Moss for no tag displayed. As the officer approached Moss, he could smell a strong odor of marijuana coming from inside his vehicle. The officer then asked Moss if he had illegal drugs inside the vehicle. Moss responded by reaching into his left pocket and pulling out a small quantity of marijuana that he then gave to the officer. Next, the officer asked Moss if he had any weapons inside the vehicle. Moss responded saying that there was a gun and that he did not have a permit for it. The officer asked Moss to exit the vehicle and he did. Moss then told the officer that the firearm was in his front right pocket. The firearm is described as a Smith & Wesson, .38 caliber revolver. Moss was then arrested.
At that time, Moss had been convicted of at least three felonies, namely, Resistance to Official Search on April 16, 2010, in the United States District Court for the Southern District of Alabama, case number CR 09-00136-001; Unlawful Possession of a Controlled Substance; Attempt – Trafficking Cocaine on May 18, 2010, in the Circuit Court of Dallas County, Alabama, case number CC-09-163.
Officers of the Selma, AL Police Department and special agents of the ATF investigated the case and brought it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Armed Career Criminal Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Jessie Anthony Parker, 36, of Mobile, Alabama, was sentenced today in federal court in Mobile after his conviction resulting from a jury trial conducted in January of 2019. Parker was convicted on two counts of possession with intent to distribute marijuana and cocaine, and felon in possession of a firearm. Parker has three prior felony convictions in Mobile County Circuit Court for possession of marijuana for other than personal use, and a prior conviction in federal court in Mobile for using, carrying and possessing a firearm during and in relation to a drug trafficking felony. Because his prior criminal convictions qualified him as an armed career criminal under the United States Sentencing Guidelines, Parker’s advisory guideline range was 360 months to life.
United States District Court Judge Terry F. Moorer imposed a sentence of 360 months imprisonment, consisting of 120 months on the marijuana count, and 360 months on each of the remaining counts, with all sentences running concurrent. Judge Moorer also ordered that Parker will serve a total of 5 years on supervised release, following his release from imprisonment. He ordered that Parker will pay $300 in special mandatory assessments, but no fine was imposed. Parker will also undergo testing and treatment for drug abuse as a separate condition of his supervision.
The case was investigated by the Mobile County Sheriff’s Office and the Department of Homeland Security. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.
Qui Tam Lawsuit and Federal Investigation Results in Settlement and $1.2 Million Payment by Baldwin Bone & Joint, P.C.Read the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Baldwin Bone & Joint, P.C. (BB&J), an orthopedic surgery and physical therapy practice located in Daphne, Alabama, has agreed to pay a total of $1.2 million to resolve a lawsuit alleging that it violated the False Claims Act. The settlement also resolves an allegation that BB&J violated the Physician Self-Referral Law, commonly referred to as the Stark Law.
“This settlement illustrates the United States Attorney’s Office’s commitment to investigate allegations of fraud and abuse of the Medicare and TRICARE programs,” said U.S. Attorney Richard W. Moore. “False claims against these taxpayer-funded programs harm the entire health care system, as does the improper compensation of physicians to incentivize potentially unnecessary care.”
The civil lawsuit was filed in the Southern District of Alabama by John Seddon, a former employee of BB&J, under the qui tam provisions of the False Claims Act, which permit private individuals to sue for false claims on behalf of the government and to share in any recovery. The lawsuit is captioned United States, ex rel. John Seddon, v. Baldwin Bone & Joint, P.C., et al., Case No. 15-00569-CG-M, and initiated a federal investigation into the allegations raised by Seddon’s complaint, culminating in the settlement. The Office of Inspector General of the U.S. Department of Health and Human Services and the Defense Criminal Investigative Service both participated in the investigation on behalf of the Medicare and TRICARE programs, respectively.
The qui tam lawsuit filed by Seddon alleged in part that BB&J violated the False Claim Act by billing Medicare and TRICARE for physical therapy services performed by unauthorized providers, including athletic trainers and an exercise physiologist, who are prohibited from billing these programs. The Stark Law allegations concerned BB&J’s direct compensation arrangements with its shareholder physicians, namely, that those arrangements violated the Stark Law because the compensation BB&J paid to its shareholder physicians directly or indirectly related to the volume of each shareholder physician’s referrals for designated health services such as physical therapy, X-rays and MRI’s.
“Providers who falsely bill Medicare for services they didn’t provide, as alleged in this case, not only harm their patients, they also hurt all beneficiaries who depend on Medicare funding to provide access to quality services,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue to work with our law enforcement partners to protect taxpayer dollars for these valuable programs.”Cynthia A. Bruce, Special Agent in Charge, Southeast Field Office, Defense Criminal Investigative Service added that "DCIS is dedicated to ensuring the integrity of the Department of Defense's Healthcare system. "Our agents will pursue companies who commit fraud and allow unqualified individuals to provide services to our military members and their families."
As a part of this settlement, Seddon will receive $200,000. BB&J cooperated with the United States’ investigation, and the settlement will result in the dismissal of the lawsuit. The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).This matter was investigated by the U.S. Attorney’s Office for the Southern District of Alabama, the Office of Inspector General for the U.S. Department of Health and Human Services, the Defense Criminal Investigative Service, and the Defense Health Agency Program Integrity Office.
The claims resolved by this settlement are allegations only; no determination of liability has been made.Meth Distributor Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Lasieka Juwanne Lee, 32, of Pensacola, Florida, was sentenced on the charge of possession with intent to distribute methamphetamine on August 9, 2019, in federal court in Mobile. Lee pled guilty to the charges in January of 2019.
United States District Court Judge Kristi Dubose imposed the statutory minimum mandatory sentence of 60 months for Lee’s involvement with the distribution of approximately 91 grams of methamphetamine. The judge ordered that Lee be placed on four years of supervised release when she completes her term of imprisonment. Lee will undergo treatment and testing for drug abuse while she is imprisoned and under supervised release. No fine was imposed, but Lee was ordered to pay the mandatory special assessment of $100.
The case was investigated by the Baldwin County Sheriff’s Office, the United States Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.
Meth Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Thomas Clifford Johnston, 36, of Saraland, Alabama, was sentenced in federal court for his participation in the possession with intent to distribute methamphetamine. He pled guilty to the charge in October of 2018.
United States District Court Judge Callie V. S. Granade imposed a sentence of 60 months imprisonment, to be followed by four years of supervised release. The judge imposed standard conditions of supervision on record with the court for Johnston’s supervised release term, but added a special condition that he be tested and treated for drug and alcohol abuse. No fine was imposed, but the judge ordered that Johnston pay the $100 mandatory special assessment.
The case was investigated by the Saraland Police Department, the Mobile County Sheriff’s Office, and the Department of Homeland Security Investigations. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.
Garnett James Lloyd, Jr. Sentenced to Five Years on Charge of CyberstalkingRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Garnett James Lloyd, Jr. age 48, of Morganton, North Carolina, was sentenced today after earlier pleading guilty to a count charging violation of 18 USC Section 2261A(2)(b), Cyberstalking.
As part of his plea agreement, Lloyd admitted that he posed on Facebook as a young female, Taylor Smiths. As Taylor Smiths, he contacted a girl from Mary G. Montgomery School whose mother had listed a formal dress for sale on Facebook Market place. The mother believed the contact to be suspicious and reported it to the Federal Bureau of Investigation.The same day, another mother contacted the FBI concerned that her daughter had received a friend request from Taylor Smiths and that she was inquiring about a dress for sale. The mother gave the FBI permission to assume her daughter’s Facebook account.
The defendant contacted the undercover FBI agent and asked for pictures of the dresses for sale. This eventually progressed to Lloyd asking for specific poses in the dresses claiming that he was considering wearing them for a pageant. He then asked for certain voyeur type photos and offered to pay $700 for them. The undercover agent refused to send additional photos and Lloyd said he would contact her friends and family and “destroy her good girl status.” He later claimed that he had edited other pictures to simulate her topless and that he would send those pictures to her family. He also demanded that she respond only with “Yes, Master” or “No, Master.”FBI agents tracked the messages to Lloyd in Morganton, North Carolina.
At sentencing, Judge William H. Steele, noted that the defendant had a significant criminal history which was not captured in his sentencing guideline calculations. This included three convictions for sexual battery and one conviction for breaking and entering into a sorority house in Charlottesville, Virginia.
The Court also considered the arguments of the United States Attorney’s Office that the true nature of the charged crime reflected dangerous predatory behavior and that the defendant should be sentenced to the statutory maximum sentence and be required to register as a Sex Offender.
Most significantly, the Court heard the statements of the young victim in this case and her mother. The very accomplished young woman told the court that she was now afraid to practice her running events unless she was accompanied by coaches or friends. The mother stated that her daughter frequently had anxiety about attending public events and that the entire family was now extremely cautious of strangers. They both stated that they intended to be advocates for victims of these crimes and to spread the word for education of the dangers of the internet.Judge Steele thanked the family for speaking and noted that they illustrated the ripple effect of these crimes as they impacted not only the intended victim but also her family, friends and coaches. After considering all the factors, Judge Steele found that a fair and just sentence required a sentence at the statutory maximum. He sentenced the defendant to 60 months imprisonment followed by three years of supervised release. He is also required to register as a sex offender.
This case was investigated by the Federal Bureau of Investigation. The case was prosecuted by the United States Attorney’s Office and AUSA Maria E. Murphy.
Former Paramedic and Flight Nurse Receives One Year in Prison for Tampering with Ketamine VialsRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that United States District Judge Jeffrey U. Beaverstock sentenced defendant Bryan Heath Wester, 43, a resident of Springville, Alabama, to imprisonment for 12 months and one day for tampering with a consumer product. As part of the sentence, the judge ordered that Wester undergo three years of supervised release after finishing his term of imprisonment, pay a $100 mandatory special assessment, receive substance abuse and mental health treatment as directed by the U.S. Probation Office, and pay restitution totaling $511.48 to a patient-victim in the case.
On January 31, 2019, a federal grand jury for the Southern District of Alabama charged Wester with one count of tampering with consumer products in violation of 18 U.S.C. § 1365(a). On April 26, 2019, Wester pleaded guilty to the charge. He faced up to ten years imprisonment.
Wester admitted to the following facts at his plea hearing. He was previously a licensed nurse and a paramedic who worked for an air ambulance service in Demopolis, Alabama. On August 26, 2018, Wester, with reckless disregard for the risk that another person would be placed in danger of death and bodily injury, and under circumstances manifesting extreme indifference to such risk, tampered with ketamine hydrochloride (ketamine), a consumer product that was manufactured outside of Alabama and affected interstate commerce. Wester accessed the controlled substances box inside a locked safe located on board an emergency helicopter, removed ketamine from two vials, and replaced the removed ketamine with saline, knowing that the ketamine was intended to be administered via injection to critically ill and injured patients being transported by helicopter for emergency treatment.On August 27, 2018, a critically injured patient required air transport to Mobile, Alabama. The patient had been run over by a cow and suffered head trauma and loss of consciousness. The on-board nurse attempted to administer ketamine. The vial appeared to have a blue glue on the cap. When the needle was inserted, the vial did not appear to be vacuum sealed. The nurse administered the dose but it did not have the anticipated effect. The nurse then obtained a second vial of ketamine and found that the cap had been glued on.
On August 30, 2018, a special agent with the Food and Drug Administration (FDA)’s Office of Criminal Investigations interviewed Wester, who admitted to removing ketamine from two vials on August 26. According to his statements, around midday on August 26 Wester asked another nurse on duty for the nurse’s set of keys to the locked narcotics on the helicopter, telling the other nurse that he would do the equipment check. The nurse gave Wester the keys. Wester opened the safe and did not lock one side back. The two-key lock system allowed Wester to return later with his own keys and access the safe. Later that evening, Wester went out to the helicopter, withdrew the ketamine from two vials, and replaced it with saline. Wester re-glued the tops of the vials with dermabond. There was a zip-tie securing the plastic narcotics box inside the safe; Wester cut the zip-tie off and replaced it with a new one. Wester also changed the number in the logbook to reflect the new number. The old number ended in a “2.” Wester changed it to a “1.”
At today’s sentencing, District Judge Beaverstock underscored that Wester had abused his position of trust treating vulnerable patients and that Wester was no longer working as a paramedic and flight nurse as a result of the offense conduct.
After sentencing, U.S. Attorney Moore stated, “Health care practitioners take an oath to treat the injured and vulnerable among us. This defendant brazenly violated that oath and has been held accountable for his criminal conduct. I commend the FDA for investigating this important case.”
“FDA is fully committed to the vigorous criminal prosecution of any individual who threatens the safety and security of the U.S. drug supply,” said Justin Fielder, Acting Special Agent in Charge, FDA’s Office of Criminal Investigations’ Miami Field Office. “The sentencing in this case should send a clear signal that this kind of illicit tampering activity will not be tolerated.”
FDA’s Office of Criminal Investigations investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.
Dallas County Man Sentenced to 24 Months for Possession of a Firearm After Conviction of a FelonyRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that James Thomas, a 28 year old resident of Selma, Alabama was sentenced to 24 months of incarceration for possession of a CZ, .40 caliber pistol.
On April 19, 2019, Thomas pled guilty pursuant to a plea agreement and admitted in open court that on December 19, 2019, a Selma, Alabama police officer conducted a traffic stop of a Nissan Altima being driven by Thomas that had no tag displayed. As the officer approached the vehicle, he could smell marijuana coming from the car and could see passengers inside the vehicle with Thomas. The officer asked for and received Thomas’s driver’s license. Thomas said that he had just purchased the vehicle and did not have insurance. The officer returned to his vehicle to run a check on Thomas’ license and to wait for the additional officers he radioed for after he smelled marijuana. When the additional officers arrived, the original officer asked Thomas to exit his vehicle and he did. The officer next asked Thomas if there were any weapons inside the vehicle. Thomas responded saying that there were no weapons inside the vehicle and gave verbal consent to search it. During the search, police found a large cookie jar containing marijuana. Officers also found a CZ, model CZ75B, .40 caliber pistol under the front seat. Thomas knowingly possessed the firearm. An additional quantity of marijuana was seized from a passenger’s sock.
At the time of the traffic stop, Thomas has been previously convicted of a felony, namely, Manslaughter, on July 26, 2013, in the Circuit Court of Dallas County, Alabama, case number CC-2012-000029. Because of this felony conviction, Thomas was prohibited from possessing a firearm. As part of his plea, Thomas forfeited any and all interest in the CZ, model CZ75B, .40 caliber pistol. He also forfeited any and all interest in a Taurus, model PT-25, .25 caliber pistol, seized from the vehicle he was driving on January 19, 2019.
Officers of the Selma, AL Police Department, deputies of the Dallas County Sheriff’s Office and special agents of the ATF investigated the case and brought it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Meth Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Gerald Dewayne Griffin, 42, of Mesa, Arizona, was sentenced today in federal court for his role in a conspiracy to possess with intent to distribute methamphetamine ice. Griffin pled guilty to the charge in January of 2019.
United States District Court Judge William H. Steele sentenced Griffin to 105 months imprisonment, to be followed by a supervised release term of five years. During his imprisonment, Griffin will undergo drug abuse counseling and treatment. After he is released under supervision, the judge ordered that Griffin will continue drug abuse counseling and treatment. No fine was imposed, but Griffin was ordered to pay the $100 mandatory special assessment.
The case was investigated by the MCSENT Task Force, the Mobile Police Department, the Department of Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.