Southern District of Alabama
Press releases recorded for this federal judicial district.
Mobile County Man Receives 18 Month Sentence for Making Counterfeit United States Currency, Ordered to Pay $130.00 Restitution and All Items Used to Facilitate the Crime Were ForfeitedRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Christopher M. Tanner, a 45 year old resident of Mobile, Alabama was sentenced to 18 months for counterfeiting United States currency. He was also ordered to pay $80 in restitution to the Holiday Inn on Highway 90 Mobile, Alabama and $50.00 restitution to Burger King Theodore Dawes Road, Theodore, Alabama. All items used to facilitate the counterfeiting crime was forfeited to the United States.
On July 17, 2018, according to a factual statement Christopher Tanner signed in connection with his guilty plea to counterfeiting United States currency, on January 29, 2018, Christopher Tanner and his wife, Debbie Tanner, checked into a room at the Holiday Inn on Highway 90 in Mobile, Alabama. Christopher Tanner paid for the room with $80 of counterfeit U.S. currency. Once the hotel staff discovered that the money was counterfeit, they call the local authorities. Officers responded to the scene and located Christopher Tanner on the property. Mr. Tanner was Mirandized and asked if he paid cash for the room and whether he knew the money he used was counterfeited U.S. currency. Mr. Tanner stated that he did pay for the room in cash and that he received the cash from a person he did not know as payment for a business transaction. Mr. Tanner stated that he did not know the money was counterfeit. Officers then told Mr. Tanner that he would be transported to the Financial Crimes Unit of the Mobile Police Department. Mr. Tanner asked officers if they would retrieve a pair of shoes from his hotel room for him. Officers went to the room and knocked on the door. After waiting for approximately five minutes, Mrs. Tanner opened the door. Officers asked for a pair of shoes for her husband. During the wait, officers heard what they believed to be the top of a printer closing and crumbling paper. When Mrs. Tanner returned with the shoes, officers asked if she was alone in the room and if he could conduct a safety check of the room. Mrs. Tanner gave verbal consent. While conducting the safety check, the officers noticed two printers and a pack of paper inside the room. Mrs. Tanner was then detained and a search warrant was obtained for the room. Additionally, officers obtained a search warrant for the vehicle the Tanners drove to the hotel after seeing a package of printer paper in plain view through one of the vehicle’s windows. Items seized during the search of the hotel room included printers; computers; $429.00 cash that include the parent notes used to produce counterfeit federal reserve notes; $8,890.00 in counterfeited U.S. Currency; nineteen bleached genuine $1 federal reserve notes; a notebook containing notes on security information of U.S. currency; a pack of printer paper; and a can of oven cleaner.
Officers also obtained search warrants for the two seized computers. Items found during the searches included: 44 images of counterfeit currency; 20 images of driver’s licenses from various states and an internet history displaying downloads and searches for items related to manufacturing counterfeit currency and documents. All of the items seized during the searches were instrumentalities of and helped facilitate the production of counterfeited U.S. currency.
On January 4, 2018 in DeRidder, Louisiana, Christopher Tanner attempted to pay his electric bill at Beauregard Electric with two counterfeit $20 dollar bills include with genuine U.S. currency. He was not arrested at that time because officers believed his story when he told them he did not know the money was counterfeit.
On March 14, 2018, Tanner went into the Walmart in DeRidder, Louisiana, and purchased merchandise with counterfeited $20 bills. He was not apprehended that day but his fraudulent transaction was captured on Walmart’s security camera video.
On March 17, 2018 in DeRidder, Louisiana, Christopher Tanner was arrested for possessing, passing and attempting to pass counterfeit currency. On this date, a search warrant was executed at a hotel room he was staying in. The items seized during that search included: 1) approximately $18,130 in counterfeit U.S. currency; 2) a Blackberry tablet; 3) a Verizon tablet; 4) an HP Laptop computer. All of Tanner’s criminal activities in DeRidder were continuous actions that were part of his conspiracy in Mobile.
Special Agents of the United States Secret Service along with officers of the Mobile, Alabama Police Department 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.
Florida Man Receives 93 Month Sentence for Conspiring to Distribute Heroin and Possession of a Firearm in Furtherance of Drug Trafficking CrimeRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Erskine Simmons, a 31 year old resident of Pensacola, Florida was sentenced to 33 months for conspiring to distribute heroin followed by 60 months for possession of a firearm in furtherance of that drug trafficking crime.
On June 22, 2018, according to a factual statement Simmons signed in connection with his guilty pleas to conspiring to distribute approximately 36.67 grams of heroin and possession of a firearm in furtherance of that drug trafficking crime, on May 1, 2017, deputies of the Mobile County Alabama Sheriff’s Office enlisted the aid of a cooperating defendant (CD) to introduce them to a heroin dealer he/she knew as “G”. After the CD made the introductions, an undercover deputy purchased approximately 4.95 grams of heroin from “G” (whose actual name is Erskine Simmons) for $1000. The undercover deputy also gave Simmons an additional $150 for the man who drove Simmons to the buy location. Conversations between the undercover deputy and Simmons regarding this transaction were captured on audio tape. On May 3, 2017, the undercover deputy contacted Simmons, on his own, and set up a buy of an additional 7.71 grams of heroin. The undercover deputy paid Simmons $1000 for the heroin and $150 for Simmons’ driver. The conversations between Simmons and the undercover deputy for this transaction were captured on audio tape. On May 9, 2017, the undercover deputy purchased an additional 24.01 grams of heroin from Simmons. The undercover deputy paid Simmons $2000 for the heroin and $200 for the driver. This time, Simmons was aided by a man who drove Simmons to the buy location knowing what Simmons intended to do once they arrived to meet the undercover deputy. Simmons agreed to pay the driver to transport Simmons to the buy location. To complete the sale of the 24.01 grams of heroin to the undercover deputy, Simmons asked a woman riding with them to exit the vehicle, get into the vehicle of the undercover deputy and give the undercover deputy the heroin. The woman agreed to do so, and did, knowing that the bag Simmons gave her to give to the undercover deputy contain a quantity of heroin. Conversations related to this transaction were recorded on audio tape. Deputies arrested Simmons, and his two co-horts immediately after the third transaction and used a drug dog to sniff around the vehicle used by the three to travel to the buy location. The drug dog alerted to the vehicle and it was searched. Seized from the vehicle was a small quantity of marijuana and a small quantity of cocaine taken from a purse. Also seized from the trunk of the vehicle was a camouflage book bag with an Iberia Firearms, .40 caliber pistol hidden inside. Simmons confessed to the three drug crimes and that he possessed the firearm for his protection.
Special Agents of the Department of Homeland Security/ICE investigated the case along with deputies of the Mobile County Sheriff’s Office 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.
Mississippi Man Sentenced for Methamphetamine TraffickingRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Chief Judge Kristi K. DuBose sentenced Ron Luvell Dedeaux on October 12, 2018 to serve a term of imprisonment of 142 months followed by 10 years of supervised release for conspiracy to possess with the intent to distribute methamphetamine in violation of Title 21 USC § 846. The defendant previously plead guilty to the offense on August 22, 2016.
Plea documents filed in the case established that on March 25, 2016, Dedeaux was in California with the co-defendant, Brandon Wayne Bullock. Dedeaux had obtained approximately 1,037.3 grams of methamphetamine and approximately 1,209.3 grams of marijuana from a source of supply in California. Dedeaux arranged for the co-defendant, Brandon Bullock, to ship the methamphetamine and marijuana by Express Mail in three packages to Pass Christian, MS.
The methamphetamine and marijuana was intercepted by US Postal Inspectors in Mobile while en route to Mississippi. On March 30, 2016, Dedeaux and Bullock were arrested when they attempted to pick up the packages in Mobile. Bullock previously plead guilty in federal court and was sentenced to 120 months imprisonment.
The case was investigated by the United States Postal Inspection Service and the Mobile County Sheriff’s Office. The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDEFT) Lead Attorney, George F. May for the United States Attorney’s Office for the Southern District of Alabama. United States Attorney Moore highly praised the efforts of the Postal Inspection Service and the Mobile County Sheriff’s Office for their vigilant efforts in this prosecution. Moore stated that his office would continue to stand arm in arm with our federal and state partners in doing all we can do to keep the community safe and carry out the mandates of the Department of Justice.
Methamphetamine Trafficker Sentenced to More Than 12 Years in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Judge William H. Steele sentenced Adam Joshua Hanshew on October 9, 2018 to serve a term of imprisonment of 146 months followed by 5 years of supervised release for possession with the intent to distribute methamphetamine in violation of Title 21 USC § 841(a)(1). The defendant previously plead guilty to the offense on June 16, 2017.
On April 16, 2017, officers with the Mobile County Street Enforcement Narcotics Team (MCSENT) stopped the defendant in a vehicle on Interstate 65 in Mobile County. Canine “Masco” alerted for the presence of narcotics in the vehicle. Officers searched the trunk of the vehicle and located a large air mattress box that contained a black trash bag filled with 5 large bags of methamphetamine. The methamphetamine was later determined to weigh approximately 5 kilograms.
The case was investigated by the Mobile County Street Enforcement Narcotics Team (MCSENT) and referred to the Department of Homeland Security, Homeland Security Investigation for prosecution. The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDEFT) Lead Attorney, George F. May for the United States Attorney’s Office for the Southern District of Alabama.
Methamphetamine Trafficker Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Chief Judge Kristi K. DuBose sentenced Reginald Thomas Gulley, Jr. on October 12, 2018 to serve a term of imprisonment of 96 months followed by 10 years of supervised release for conspiracy to possess with the intent to distribute methamphetamine in violation of Title 21 USC § 846. The defendant previously plead guilty to the offense on February 21, 2018.
Plea documents filed in the case established that on June 8, 2017, Mobile County Street Enforcement Narcotics Team (MCSENT) officers executed a search warrant for a motel room in Mobile County and recovered approximately 385 grams of methamphetamine, 19 grams of crack cocaine, digital scales, and a firearm, which were all co-located in a hiding spot in the room. The drugs were packaged for sale. Gulley later confessed that the scales, drugs and firearm belonged to him and he admitted to buying the firearm off the street.
On July 24, 2017 a confidential informant (CI) contacted the co-defendant Terry Demetrius Wilson to obtain methamphetamine from Wilson. The CI drove to Wilson’s home and picked him up and then the CI drove to a gas station. The defendant, Gulley, showed up at the gas station in another vehicle. Wilson then brought the CI’s money to Gulley, and retrieved methamphetamine from Gulley, (approximately 5 grams) and brought it to the CI. Wilson later took a “pinch” of the methamphetamine and asked the CI for $20.00 for brokering the deal.
On July 31, 2017, a CI met the co-defendant Dariese Dandrell Pierce and Pierce obtained 3.5 grams of methamphetamine from Gulley for the CI in a similar fashion as did Wilson. However on this occasion, after the first deal, Pierce and Gulley drove to a second location to obtain a second bag of 3.5 grams of methamphetamine and Pierce delivered the second bag of methamphetamine to the CI.
Wilson and Pierce previously plead guilty in federal court and were each previously sentenced.
The case was investigated by the Mobile County Street Enforcement Narcotics Team (MCSENT) and the Federal Bureau of Investigation (FBI) and referred to the Department of Homeland Security, Homeland Security Investigation for prosecution. The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDEFT) Lead Attorney, George F. May for the United States Attorney’s Office for the Southern District of Alabama.
Meth Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Audrea Gale Whitehurst, 34, of Grand Bay, Alabama, was sentenced this morning for her possession with intent to distribute methamphetamine. She pled guilty to the charge in 2017.
Honorable Kristi K. Dubose imposed a sentence of 38 months imprisonment, to be followed by a three-year term of supervised release. No fine was imposed, but Whitehurst was ordered to pay a $100 special assessment. During her imprisonment and as a condition of her supervision, Whitehurst was ordered to undergo treatment for drug abuse.
The case was investigated by 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.
Joint Press Conference AnnouncementRead the Press Release
- WHO: U.S. Attorneys from the Northern, Middle, and Southern Districts of Alabama, along with representatives from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the U.S. Marshals Service, the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Alabama Attorney General’s Office, the Alabama Law Enforcement Agency, the Montgomery Police Department, the Montgomery District Attorney’s Office, and the Montgomery County Sheriff’s Office.
- WHAT: Joint press conference to announce the statewide progress of Project Safe Neighborhoods (PSN) one year after the revitalization of the violent crime reduction program.
- WHEN: Friday, October 5, 2018 at 10:30am. (CDT)
- WHERE: U.S. Attorney’s Office, 131 Clayton Street, Montgomery, Alabama 36104
- NOTE: All media members must have credentials and a government issued photo ID. An RSVP is requested. Please arrive at least 15 minutes before the scheduled conference start time. A press release and interview opportunities will be available at the end of the press conference.
- WHO: U.S. Attorneys from the Northern, Middle, and Southern Districts of Alabama, along with representatives from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the U.S. Marshals Service, the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Alabama Attorney General’s Office, the Alabama Law Enforcement Agency, the Montgomery Police Department, the Montgomery District Attorney’s Office, and the Montgomery County Sheriff’s Office.
Mobile County Man Sentenced to 110 Months in Prison for Possession with the Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Judge Kristi K. DuBose sentenced Corey Dewayne Hughes on September 28, 2018 to serve a term of imprisonment of 110 months followed by 5 years of supervised release for possession with the intent to distribute methamphetamine in violation of Title 21 USC § 841(a)(1). The defendant previously plead guilty to the offense on August 16, 2017.
According to documents filed in connection with his guilty plea, on April 21, 2017, officers from the Mobile County Street Enforcement Narcotics Team (MCSENT) executed a search warrant at the defendant’s residence in Mobile County. Prior to the search warrant being executed, the officers made several controlled buys from the defendant at this location. During the search, officers recovered approximately 544 grams of pure methamphetamine from the defendant’s home and a number of firearms. The defendant had four previous felony convictions to include Rape 2nd , Assault 2nd and Dog-Fighting.
The case was investigated by Mobile County Street Enforcement Narcotics Team and referred for federal prosecution through the Department of Homeland Security, Homeland Security Investigations. The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDETF) Lead Attorney, George F. May for the United States Attorney’s Office for the Southern District of Alabama.
Reginald Shannon Irby Sentenced Following Guilty Plea to a Federal Firearm ChargeRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Reginald Shannon Irby of Mobile, Alabama was sentenced to 24 months imprisonment. Irby’s sentencing followed entry of a May 2018 guilty plea to a charge of prohibited person in possession of a firearm. Chief United States District Court Judge Kristi K. Dubose imposed the sentence after hearing from his attorney that Irby was a drug user that needs help. Judge Dubose noted that the twenty-six year old Irby needs to decide if he wants to be in and out of prison for the rest of his life. Judge Dubose also recognized Irby’s family support in the courtroom and told Irby that he could turn things around. The Judge imposed the federal term of imprisonment to run concurrently from the date of sentencing, with a state revocation sentence Irby is currently serving for two prior armed burglary convictions from 2013. Irby’s guilty plea included his admission that on January 3, 2018, he was in knowing possession of a loaded .32 caliber revolver.
Possession of a firearm by a prohibited person, in this instance a convicted felon, is a violation of Title 18, United States Code Section 922(g)(1). Irby’s term of imprisonment will be followed by a three (3) year term of supervised release.
This case arose from a referral by the Mobile Police Department to the Mobile Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives who completed the investigation. The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.
Mobile County Man Sentenced to 36 Months for Illegal Possession of AmmunitionRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Steven Glenn Miller, a 46 year old resident of Mobile, Alabama was sentenced to 36 months for illegal possession of ammunition after being convicted of seven felonies.
According to a factual statement Miller signed in connection with his guilty plea, on June 14, 2018, on March 19, 2018, Mobile County deputies were investigating the theft of a stolen trailer and an ATV. During the course of the investigation, Miller was arrested. A search of Miller’s person, incident to his arrest, located a magazine loaded with two bullets. Miller admitted that he put the bullets in his pocket. At that time, Miller had been convicted of seven felonies, namely, Felon in Possession of a Firearm on March 22, 2005, in the United States District Court, Southern District of Alabama; Possess/Receive Controlled Substance on July 9, 2015, in the Circuit Court of Mobile County, Alabama; Burglary Third Degree on July 9, 2014, in the Circuit Court of Mobile County, Alabama; Theft of property, First Degree on August 19, 2004, in the Circuit Court of Mobile County, Alabama; Breaking/Entering Vehicle on August 19, 2004, in the Circuit Court of Mobile County, Alabama; Theft of Property First Degree on August 19, 2004, in the Circuit Court of Mobile County, Alabama; Possess/Receive Controlled substance on December 9, 2012, in the Circuit Court of Mobile County, Alabama.
Michael Devane Overton Sentenced Following Guilty Plea to a Federal Firearm ChargeRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Michael Devane Overton of Jackson, Alabama was sentenced to one year, and one day imprisonment. Overton’s sentencing followed entry of a May 2018 guilty plea to a charge of prohibited person in possession of a firearm. The sentence imposed by Chief United States District Court Judge Kristi K. Dubose was a variance from the advisory sentencing guideline range of 30-37 months. The term of imprisonment is to be followed by a three year term of supervised release with the first year to be served on home detention with location monitoring. During the term of supervised release, Overton is prohibited from having inappropriate contact with females by any means, and must provide access to check his internet devices at any time requested by his probation officer.
Overton’s guilty plea included his admission that he was committed to a mental institution, by Order of the Clarke County Probate Court in June 2013. In September 2017, the Mobile Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives began working with the Jackson, Alabama Police Department on an investigation of Overton’s July 2017, purchase of a 12 gauge shotgun from a local federal firearms licensee, and his subsequent attempt to purchase several other firearms. On September 22, 2017, a state search warrant was executed at Overton’s residence in Jackson. During the execution of the search warrant three firearms were recovered from his bedroom, along with firearm magazines and ammunition.Possession of a firearm by a prohibited person, in this instance an individual who has been previously committed to a mental institution, is a violation of Title 18, United States Code Section 922(g)(4).
This case arose from a referral by the Jackson, Alabama Police Department to the Mobile Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives who completed the investigation. The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.
Seven Selma Residents Enter Guilty Pleas in Separate Cases to Being in Possession of Firearms After Felony ConvictionsRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that seven residents of Selma, Alabama entered guilty pleas to violating Title 18 United States Code, Section 922(g)(1) – the felon in possession of a firearm statute.
On September 14, 2018, Daryl Dewayne Struggs pled guilty to possession of two Smith & Wesson, 9mm pistols found in his possession on March 28, 2017. Prior to March 2017, Struggs had been convicted of three felonies in Dallas County, Alabama Circuit Court, namely, Unlawful Possession of Marijuana, 1st Degree; Burglary 3rd Degree; and Robbery 3rd Degree. Struggs’ sentencing is set for December 11, 2018, before the Honorable William H. Steele. The Assistant U. S. Attorney Assigned to the case is Sinan Kalayoglu.
On September 17, 2018, Octavius Tyrone Peace pled guilty to possession of a Taurus, .38 caliber revolver found in his possession on May 20, 2018. Prior to May 2018, Peace had been convicted of two felonies in the United States District Court for the Western District of Kentucky, namely Bank Fraud; and Passing, Uttering, Presenting, Offering, Brokering Issuing or Selling False or Fictitious Instruments with the Intent to Defraud. Peace’s sentencing is set for December 14, 2018, before the Honorable Kristi K. Dubose. The Assistant U. S. Attorney assigned to the case is Alex Lankford.
On September 17, 2018, Antonio Demond Butler pled guilty to possession of a Taurus, 9mm pistol found in his possession on May 8, 2018. Prior to May 2018, Butler had been convicted of a felony, namely Unlawful Possession of a Controlled Substance in the Circuit Court of Tuscaloosa County, Alabama. Butler’s sentencing is set for December 14, 2018, before the Honorable Kristi K. Dubose. The Assistant U. S. Attorney assigned to the case is Michele O’Brien.
On September 19, 2018, Jimmy Lee Woods pled guilty to possession of a Phoenix Arms, .25 caliber, semi-automatic pistol found in his possession on May 16, 2018. Prior to May 2018, Woods had been convicted of a felony, namely, Burglary 3rd Degree in the Circuit Court of Perry County, Alabama. Woods sentencing is set for December 19, 2018, before the Honorable Callie V. S. Granade. The Assistant U. S. Attorney assigned to the case is Gloria Bedwell.On September 19, 2018, Willie James Collins, Jr. pled guilty to possession of three firearms, namely, a Glock, .45 caliber pistol; an ATI, .556 caliber rifle; and a Mossberg, .22 caliber pistol, found in his possession on December 8, 2017. Prior to December 2017, Collins had been convicted of a felony, namely Receiving Stolen Property 3rd Degree in the Circuit Court of Marengo County, Alabama. Collins sentencing is set for December 11, 2018, before the Honorable William H. Steele. The Assistant U. S. Attorney assigned to the case is Michele O’Brien.
On September 26, 2018, Dwight Contrell Tanker pled guilty to possession a Taurus, .380 caliber pistol found in his possession on April 26, 2018. Prior to April 2018, Tanker had been convicted of a felony, namely, Possession of Marijuana 1st Degree in the Circuit Court of Tuscaloosa County, Alabama. Tanker’s sentencing is set for January 9, 2019, before the Honorable Callie V. S. Granade. The Assistant U. S. Attorney assigned to the case is Michele O’Brien.
On September 26, 2018, Brandon Dejuan Ward pled guilty to possession of a High Point, 9mm pistol found in his possession on September 14, 2017. Prior to September 2017, Ward had been convicted of three felonies in Dallas County, Alabama Circuit Court, namely, Burglary 1st Degree; Receiving Stolen Property, 1st Degree; and Discharging a Firearm Into an Occupied Building. Ward’s sentencing is set for January 9, 2019, before the Honorable Callie V. S. Granade. The Assistant U. S. Attorney assigned to the case is Vicki Davis.
All of these cases were investigated collectively by officers of the Selma, Alabama Police Department, special agents of the Bureau of Alcohol Tobacco, Firearms and Explosives, investigators of the Fourth Judicial Task Force, officers of the Alabama Law Enforcement Agency and investigators with the Alabama Attorney General’s Office.
Four Dallas County Men Plead Guilty in Unrelated Cases to Illegal Possession of FirearmsRead the Press Release
The United States Attorney, Richard W. Moore, announces that the following men entered guilty pleas to federal gun crimes:
On September 14, 2018, George Armstead, a 29 year old resident of Selma, Alabama pled guilty to possession of a firearm after being convicted of a felony. At the change of plea hearing, Armstead agreed that on May 22, 2018, a Selma, AL police officer initiated a traffic stop on a green Honda being driven by Armstead for speeding. During a routine records check using Armstead’s driver’s license information, the officer learned that Armstead had an outstanding warrant. The officer told Armstead he was going to be arrested based on the warrant and asked Armstead if he has weapons or contraband in the vehicle because it would be towed. Armstead told the officer that “his brother’s firearm” was inside the vehicle underneath the passenger seat. The firearm was seized. It is described as a Smith & Wesson, .40 caliber pistol. The firearm had been reported stolen sometime prior to May 22, 2018. Later that day, Armstead was Mirandized and agreed to talk to police. The interview was recorded. Armstead said that the firearm was his and that he placed it underneath the passenger seat. Armstead said that he bought the firearm off the streets for $100 because he thought it was being sold for a good price. Armstead also said that he bought the pistol for protection. He further said that he was a felon and was on state probation for Robbery 1st Degree. Armstead said that he was not a bad guy. At that time, Armstead had been convicted of a felony, Robbery 1st, on April 6, 2015 in the Circuit Court of Dallas County, Alabama, case number CC-2013-000146. Armstead’s sentencing is set for December 14, 2018. Special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives and officers of the Selma, Alabama police department investigated the case. The prosecutor assigned to the case is Assistant U. S. Attorney, Gina S. Vann.
On September 19, 2018, Clarence Brenson, a 25 year old resident of Selma, Alabama pled guilty to possession of a firearm after being convicted of a felony. At the change of plea hearing, Brenson agreed that on June 2, 2018, Selma, AL police officers initiated a traffic stop on a vehicle being driven by a female for failing to yield for an emergency vehicle. Brenson was in the front passenger seat and two small children were in the back seat. The officers smelled the strong odor of marijuana and asked the female to exit the vehicle. When she did, she told the officers she had been smoking marijuana. Officers asked her if they would find marijuana if they searched the vehicle and she said, “No” because she smoked it all. She gave permission to search the vehicle. As Brenson exited the front passenger seat officers, observed a Romarm/Cugir, model WSAR-10, 7.62X39 caliber rifle on the floor board. The firearm was loaded. While Brenson was seated, the firearm was between his feet. Brenson told the officers he did not have identification and gave the officers his social security number. Brenson also told the officers he was a registered sex offender. Brenson agreed that he was in constructive possession of the firearm that was between his feet at the time of the traffic stop. A search of the vehicle yielded a small amount of marijuana and spent shell casings. At that time, Brenson had been convicted of a felony, Rape 2nd, on June 13, 2016 in the Circuit Court of Dallas County, Alabama, case number CC-2013-000238. Brenson’s sentencing is set for December 19, 2018. Special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives and officers of the Selma, Alabama police department investigated the case. The prosecutor assigned to the case is Assistant U. S. Attorney, Gina S. Vann.
On September 25, 2018, Jermaine Butler, a 27 year old resident of Selma, Alabama, pled guilty to possession of a firearm after being convicted of a felony. At the change of plea hearing, Butler agreed that on May 25, 2018, Dallas County, AL deputies set up a random driver’s license checkpoint in Selma, Alabama. A Chevrolet Impala driven by Butler stopped several yards short of the checkpoint. Deputies motioned for Butler to continue to the checkpoint. Butler then drove past the checkpoint then stopped. As deputies approached the driver’s side of the vehicle, they smelled marijuana and saw one passenger in the vehicle with Butler. Both were asked to exit the vehicle. When Butler opened the front driver’s side door, deputies saw a small amount of marijuana. Butler was immediately detained. Deputies then saw a rifle on the floorboard of the backseat of the vehicle. The rifle was loaded. The rifle is described as a Zastava, model N-PAP DF, 7.62X39 caliber rifle. A probable cause search of the vehicle was conducted. The search discovered another quantity of marijuana stuffed between the front seats. Butler then stated that the rifle and the marijuana were his and the passenger also stated that the rifle and marijuana belonged to Butler. Butler was previously convicted of Assault 1st Degree on March 3, 2015, in the Circuit Court of Dallas County, Alabama, case number CC-2012-000045. Butler’s sentencing is set for January 18, 2018. Special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives and deputies of the Dallas County Sheriff’s Office investigated the case. The prosecutor assigned to the case is Assistant U. S. Attorney, Gina S. Vann.
On September 25, 2018, Chadwick Blake, a 31 year old resident of Selma, Alabama pled guilty to possession of a firearm after being convicted of a felony. At the change of plea hearing Blake agreed on October 24, 2017, Daryl Bradford, an Alabama Parole Officer conducted a home visit of Blake at his residence. Bradford found one round of 9mm ammunition in Blake’s pocket. Bradford arrested Blake for violating his probation. Bradford then searched Blake’s residence. Bradford found a Taurus, model Millennium, G2, 9mm pistol. Blake was previously convicted of Assault 2nd, on August 12, 2015, in the Circuit Court of Dallas County, Alabama, case number CC-2015-000123. Blake’s sentencing is set for January 8, 2018. Special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, investigators of the Alabama Attorney General’s Office and officers of the Selma, Alabama police department investigated the case. The prosecutor assigned to the case is Assistant U. S. Attorney, Gina S. Vann.
Mobile County Man Sentenced to 60 Months in Prison for Possession with the Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Judge William H. Steele sentenced Russell Curtis Odom on September 18, 2018 to serve a term of imprisonment of 60 months followed by 4 years of supervised release for possession with the intent to distribute methamphetamine in violation of Title 21 USC § 841(a)(1). The defendant previously plead guilty to the offense on June 21, 2018.
On January 31, 2017, officers from the Mobile County Street Enforcement Narcotics Team (MCSENT) executed a search warrant at the defendant’s residence in Mobile County. Prior to the search warrant being executed, the officers made several controlled buys from the defendant at this location. During the search, officers recovered approximately 11. 2 grams of pure methamphetamine from the nightstand of the defendant’s bedroom. The officers also located two loaded firearms in the home.
The case was investigated by Mobile County Street Enforcement Narcotics Team and referred for federal prosecution through the Department of Homeland Security, Homeland Security Investigations. The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDETF) Lead Attorney, George F. May for the United States Attorney’s Office for the Southern District of Alabama.
Mobile County Man Sentenced to 41 Months in Prison for Possession of a Firearm After Felony ConvictionRead the Press Release
The United States Attorney, Richard W. Moore, announces that Johnny Wilson Weaver, a 37 year old resident of Semmes, Alabama was sentenced to 41 months of incarceration for illegal possession of a Hi-Point 9mm rifle after being convicted of felony Possession of a Controlled Substance.
According to a factual statement Weaver signed in connection with his guilty plea, on June 18, 2018, on or about June 14, 2017, deputies of the Mobile County Sheriff’s Office travelled to Weaver’s residence to investigate a complaint of possession illegal drugs and child endangerment. When they arrived, Weaver greeted them at his front door. The deputies told Weaver of the complaint and Weaver responded that he had just been released from prison and he lived there with his wife and child. Deputies asked Weaver to tell them of the location of his wife and daughter. Weaver responded that they were at their grandmother’s house. Weaver then told the deputies that he was rolling a marijuana cigarette when they arrived and when he saw them, he threw the marijuana out the window. Weaver agreed to show the deputies where he threw the marijuana. While they looked for the marijuana, one deputy noticed a Hi Point, model 995, .9mm rifle with an obliterated serial number. Deputies then read Weaver his Miranda Rights. Weaver waived his rights and told the deputies that he was “holding” the rifle for a friend but refused to give the friend’s name. Weaver then admitted that he had been firing the rifle occasionally over the last week on his property. Weaver then signed a consent to search his residence. The search was not productive because the residence was in disarray.
At that time, Weaver had been convicted of at least one felony, namely, Possession of Controlled Substance, on June 20, 2016, in the Circuit Court of Mobile County, Alabama, case number CC-2015-004904.
Special agents of the Immigration and Customs Enforcement Agency (ICE) along with Mobile, Alabama County deputies investigated the case and presented it to the United States Attorney’s Office for prosecution. The prosecutor assigned to the case was Assistant United States Attorney Gina S. Vann.
Methamphetamine Trafficker Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Judge William H. Steele sentenced Paciano Rodriguez on September 18, 2018 to serve a term of imprisonment of 37 months followed by 5 years of supervised release for possession with the intent to distribute methamphetamine in violation of Title 21 USC § 841(a)(1). The defendant previously plead guilty to the offense on June 21, 2018.
During the course of the investigation, the defendant offered to sell a confidential informant methamphetamine. The defendant travelled to Birmingham to obtain the methamphetamine and then rode to Bay Minette, Alabama with the confidential informant to deliver the methamphetamine to the putative buyer. On March 1, 2018, the defendant was arrested at the location in Bay Minette where he was to deliver the methamphetamine. The defendant had approximately 232.1 grams of methamphetamine, mixture and substance, in his possession that he intended to deliver to the buyer.
The case was investigated by the U.S. Department of Homeland Security, Homeland Security Investigations (HSI). The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDEFT) Lead Attorney, George F. May for the United States Attorney’s Office for the Southern District of Alabama.
Methamphetamine Trafficker Sentenced in Federal CourtRead 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 Randy Eugene Rester on September 24, 2018 to serve a term of imprisonment of 37 months followed by 4 years of supervised release for possession with the intent to distribute methamphetamine in violation of Title 21 USC § 841(a)(1). The defendant previously plead guilty to the offense on June 20, 2018.
On January 5, 2017, the Mobile County Street Enforcement Narcotics Team (MCSENT) executed a search warrant at Deleisha West’s residence on Foots Road in Mobile County and recovered approximately 576 grams of pure methamphetamine in her home and in her vehicle. West confessed to law enforcement that she was a methamphetamine dealer. West was previously charged and sentenced in federal court on December 19, 2017 to 51 months imprisonment for possessing with the intent to distribute this methamphetamine.
At the time of the search warrant West was in front of her home next to a car selling one ounce of methamphetamine to the defendant Randy Eugene Rester. This sale just coincidentally happened to be occurring at the time of the search warrant execution and was not a part of a law enforcement undercover operation. The defendant, Randy Eugene Rester, was driving the vehicle. The defendant confessed that he came to the location to pick up the ounce of methamphetamine and he confessed that he was actually brokering the one ounce methamphetamine transaction for another buyer.
The case was investigated by the Mobile County Street Enforcement Narcotics Team (MCSENT) and referred to the Drug Enforcement Administration (DEA) for prosecution. The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDEFT) Lead Attorney, George F. May for the United States Attorney’s Office for the Southern District of Alabama.
Twice-Convicted Drug Dealer Sentenced on Drug ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Charles Raymond Stagner, 36, of Saraland, Alabama, was sentenced in federal court on his conviction on two counts of possession with intent to distribute methamphetamine. Stagner was convicted by a jury following a trial in June of 2018. Evidence from the trial showed that Stagner sold methamphetamine to a confidential informant working with the Saraland Police Department, and when officers obtained a search warrant for his residence, they found additional quantities of methamphetamine, scales and other drug paraphernalia. Court documents reflect that Stagner’s prior federal conviction for conspiracy to manufacture methamphetamine occurred in 2009.
United States District Court Judge William H. Steele imposed a sentence of 132 months imprisonment on each count, with the sentences to run concurrently. When Stagner is released from prison, he will serve eight years of supervised release. As conditions of his supervised release, the judge ordered that Stagner would receive drug and alcohol treatment as well as mental health counseling. No fine was imposed but Stagner was ordered to pay $200 in special mandatory assessments.
The case was investigated by the Saraland Police Department, the Mobile County Sheriff’s Office and the Department of Homeland Security, Homeland Security Investigations. It was prosecuted in the United States Attorney’s Office by AUSA Gloria A. Bedwell.
Louisiana Man Sentenced to 30 Months in Prison for Possession of Firearms After Conviction of Misdemeanor Crime of Domestic ViolenceRead the Press Release
The United States Attorney, Richard W. Moore, announces that Antoine Q. Washington, a 29 year old resident of Monroe, Louisiana was sentenced to 30 months of incarceration for illegal possession of two firearms after being convicted of misdemeanor domestic violence.
According to a factual statement Washington signed in connection with his guilty plea, on February 10, 2017, ALEA Corporal Christen conducted a traffic stop of a vehicle driven by Washington for improper lane change. Washington was the sole occupant of the vehicle. During the stop, Corporal Christen smelled marijuana emanating from inside the vehicle. He then asked Washington to exit the vehicle. Corporal Christen then issued Washington a warning citation and detained him to conduct a probable cause search of the vehicle. Seized during the search, was an Arsenal, AK-47 rifle and a Ruger .40 caliber pistol. Also seized was more than 500 rounds of ammunition described as .940 Berdan-primed 7.62 x 39mm, FMJ, lead core Ammunition; .260 Wolf Ammunition 9mm x 19mm and Magtech Ammunition. Washington confessed to possession of the firearms and ammunition saying that he bought them off the street for $400.
At that time, Washington had been convicted of two domestic violence crimes, namely, Domestic Abuse Battery, on September 18, 2012, in the Fourth Judicial District Court, Parish of Ouachita, State of Louisiana case number, 12-M-002036; Assault DV, on July 14, 2009, in the County Criminal Court, Dallas County, Texas, case number MA0833712L.
Officers of the Alabama Law Enforcement Agency (ALEA) along with special agents of the Federal Bureau of Investigation (FBI) investigated the case and presented it to the United States Attorney’s Office for prosecution. The prosecutor assigned to the case was Assistant United States Attorney Gina S. Vann.
Illegal Alien Sentenced to Five Years on Immigration and Firearm OffensesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Jose Luis Alonso DeLeon was sentenced today by United States District Judge William Steele. DeLeon pled guilty without benefit of a plea agreement to an indictment charging him with possession of a firearm by an illegal alien, a violation of 18 USC Section 922(g), which carried a maximum penalty of up to ten years imprisonment and three years of supervised release; and illegal reentry of a removed alien, which carried a maximum penalty of up to two years imprisonment and one year of supervised release. DeLeon was sentenced to the maximum two years in prison for illegal reentry and five years in prison for possession of a firearm by an illegal alien, both sentences to be served concurrently. Following his sentence, the judge ordered that DeLeon be delivered to immigration authorities for deportation proceedings.
The United States argued at the sentencing hearing that the Guidelines, which recommended a sentence of 15-21 months, did not adequately account for several significant facts which should be considered by the Court in determining an appropriate sentence. Instead, the United States recommended that the defendant be sentenced to five years in prison.
First, the United States argued that the Court should consider that in addition to the defendant’s criminal history calculation, it should also consider that DeLeon, a citizen of Mexico, was found in the United States on March 25, 2014 and was ordered removed. He departed on March 27, 2014 from the Laredo, Texas Port of Entry. He had also been encountered previously in the United States by the Border Patrol on May 5, 1999, February 28, 2000, March 19, 2000; March 24, 2014, March 25, 2014 and April 24, 2014.
After the April 24, 2014 encounter he was charged with violating Title 8, U.S.C. 1325, entry without inspection. He pled guilty and served 30 days imprisonment. Despite these continued contacts, DeLeon kept returning to Baldwin County in flagrant disregard of the laws of the United States.
Most significantly, the United States argued that the Guidelines did not consider the devastating consequences of DeLeon’s presence in the United States. The defendant had admitted as part of his guilty plea that the United States could prove that on March 25, 2018, Police Officers of the Fairhope, Alabama, Police Department encountered Jose Luis Alonso DeLeon at the laundromat located at 139 Baldwin Square Shopping Center in Fairhope. Officers were in the area looking for a maroon truck that had just struck and killed a bicyclist moments before.
DeLeon was still sitting behind the steering wheel in the maroon truck. Officers observed a Glock model 26 9mm pistol on the floorboard of the truck. The Glock had one round in the chamber and had been reported stolen.
Judge Steele noted that both illegal reentry and possession of a firearm by a prohibited person were serious crimes, and both were crimes frequently prosecuted in federal court. Before imposing sentence, the judge pointed out that what made this case different from others was that the defendant came to the attention of law enforcement officers as a result of their investigation into three serious felonies under Alabama law: manslaughter, leaving the scene of an accident, and receiving stolen property.
Although the federal charges arose on the same date as DeLeon’s pending charges with District Attorney Bob Wilters in Baldwin County, they are separate from the Alabama state charges of manslaughter, leaving the scene of an accident, and receiving stolen property. DeLeon is charged in state court with causing the death of Amy Hawkins who was riding her bicycle in the northbound lane of County Road 13 in Fairhope, Alabama on March 25, 2018.
The United States Attorney, Richard W. Moore, said, “Federal law in this case is inadequate to fully address the defendant’s criminal conduct and we will support fully our law enforcement partner Baldwin County District Attorney Bob Wilters in his state court prosecution on manslaughter charges. As our prosecutor Assistant U.S. Attorney Maria Murphy argued to Judge Steele, the federal sentencing guidelines do not adequately capture the totality of the defendant’s criminal activity while he was in the United States illegally. Judge Steele today recognized the inadequacy of the federal sentencing guidelines (15-21 months) and gave the defendant a much higher sentence (60 months) to more properly address the defendant’s criminal conduct. No one, however, can believe that even this enhanced sentence can begin to assuage the grief of losing a wife and mother under these tragic circumstances. I am under no such illusion.
This case dramatically demonstrates the folly of having an open border with Mexico. There are real consequences to not enforcing border security. Amy Hawkins and her family paid the price of our failed immigration policies of the past. We have to do better for the American people.”
Attorney General Jeff Sessions has previously stated that: “The American people made clear their desire to secure our borders and prioritize the public safety and national security of our homeland. …….They want us to seize this opportunity that we have right now….The United States will not stand by as our immigration laws are ignored and our nation’s safety is jeopardized.”
This case was investigated by the Department of Homeland Security, Homeland Security Investigations; the Bureau of Alcohol, Tobacco Firearms and Explosives; the Fairhope Police Department; and ALEA. This case was prosecuted by AUSA Maria E. Murphy.
Former Marine Receives 33 Months for Embezzling over $500,000 from Marine Corps and over $20,000 from Toys for TotsRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that Senior United States District Judge Callie V.S. Granade sentenced former United States Marine Corps Staff Sergeant Christopher Aragon, 32, a resident of Mobile, Alabama, to 33 months imprisonment for conspiring with his wife, co-defendant Teneshia Aragon, and co-defendant Dana Davis to commit wire fraud. As part of the sentence, the judge also ordered that Christopher Aragon undergo three years of supervised release after finishing his term of imprisonment, pay a $100 mandatory special assessment, receive mental health treatment, undergo credit restrictions, pay restitution totaling $534,044.08 to the U.S. Marine Corps Forces Reserve, and pay restitution totaling $20,044.70 to the Marine Toys for Tots Foundation. Moreover, the judge ordered that a residence traceable to criminal proceeds be subject to forfeiture to the United States for disposition in accordance with the law.
According to documents filed with the court as part of his guilty plea, Christopher Aragon’s offense conduct consisted of two conspiracies to defraud. First, between October 2014 and August 2016, Mr. Aragon, a former Staff Sergeant and Unit Supply Chief for 3d Force Reconnaissance Company (3d Force Recon) in the Marine Corps in Mobile, Alabama, conspired with Teneshia Aragon and Dana Davis, owner and sole proprietor of the Runway Café, a restaurant in Mobile, Alabama, to achieve personal financial gain by defrauding the Marine Corps. Christopher Aragon made unauthorized, fraudulent charges to a unit travel card assigned to 3d Force Recon. The card was a government credit card used to pay for food and lodging expenses for reservists performing drill functions with 3d Force Recon. Christopher Aragon was the authorizing official for the unit travel card and approved fraudulent charges from Runway Café. He prepared false documents, such as invoices and personnel rosters, and submitted them to the Marine Corps, which later conducted an audit and noticed excessive discrepancies in food expenditures. For example, the Marine Corps noticed that (1) many Runway Café invoices did not match official 3d Force Recon activities and, therefore, did not support a legitimate need for food services, (2) Runway Café’s invoices were for more meals than could be consumed by the number of Marines assigned to 3d Force Recon, (3) the personnel rosters, which contained the names of 3d Force Recon Marines who supposedly consumed the meals, were fabricated, and (4) Runway Café’s invoices contained unauthorized service fees. The criminal conspiracy caused a financial loss to the Marine Corps of around $554,044.08. Since Runway Café issued a $20,000 refund to the Marine Corps during the conspiracy, the Marine Corps is owed $534,044.08.
Second, between December 2013 and December 2014, Christopher and Teneshia Aragon conspired to achieve personal financial gain by defrauding the Marine Toys for Tots Foundation, a tax exempt, not-for-profit public charity that serves as the fundraising and support organization for the Marine Corps Reserve Toys for Tots Program. Christopher Aragon served as 3d Force Recon’s Toys for Tots program coordinator and possessed a credit card issued linked to funds in 3d Force Recon’s local Toys for Tots account. With the card, he could buy toys and pay for expenses associated with the Toys for Tots Foundation. Unbeknownst to the foundation, Christopher Aragon used the credit card to make unauthorized payments to himself. As part of the conspiracy with his wife, Christopher Aragon prepared fraudulent documents, such as invoices, and submitted them to the Toys for Tots Foundation, which ultimately lost around $23,044.70 due to the criminal conduct. The Aragons later credited $3,000 back to the foundation, leaving a balance of $20,044.70.
On March 29, 2018, a federal grand jury for the Southern District of Alabama charged Dana Davis with one count of conspiracy for seeking to defraud the Marine Corps, and the Aragons with two counts of conspiracy for seeking to defraud the Marine Corps and the Toys for Tots Foundation. In May 2018, all three defendants pleaded guilty before Senior Judge Granade to conspiring to defraud the Marine Corps. On August 20, 2018, Dana Davis was sentenced to six months imprisonment and ordered to make full restitution to the Marine Corps. On September 10, 2018, Teneshia Aragon was sentenced to five years of probation with the first six months in home confinement, and ordered to make full restitution to the Marine Corps and the Toys for Tots Foundation.The Naval Criminal Investigative Service and Defense Criminal Investigative Service investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.
Armed Drug Dealer SentencedRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Tamiez Antwan Weeks, 22, of Mobile, was sentenced this morning in federal court on the charge of using, carrying or possessing a firearm during and in relation to a drug trafficking felony. Weeks pled guilty to the charge in June of 2018.
Court documents reflect that Weeks was arrested by Summerdale Police after they were called to investigate a domestic disturbance between Weeks and a female passenger in a vehicle which was parked at a gas station. The passenger had called the police from the restroom in the business. Weeks was in the driver’s seat of the vehicle, and in the ensuing investigation, he was found in possession of the gun, marijuana, scales and cash, which was scattered in the vehicle.
United States District Court William H. Steele imposed a sentence of 60 months, the mandatory minimum sentence required by statute, which will be followed by a term of 5 years supervised release. The judge also ordered that Weeks will be required to undergo drug treatment while in prison and as a condition of his supervision. No fine was imposed in the case, but Weeks was ordered to pay the mandatory special assessment of $100.
The case was investigated by the Summerdale Police Department, the Daphne Police Department, and the Federal Bureau of Investigation’s Safe Streets Task Force. It was prosecuted in the United States Attorney’s Office by Gloria A. Bedwell.
Facebook Threats Lead to Felony Conviction for Fairhope ManRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that United States District Court Judge William H. Steele sentenced Matthew Dean Adams on August 14, 2018 to time served since his incarceration on February 22, 2018 for participating in interstate threatening communications. Adams was ordered to have no contact with his victims and must successfully complete 3 years of supervised release.
Adams pled guilty to making interstate threatening communications on May 15, 2018. As part of his guilty plea, Adams admitted that on January 25, 2018, Adams contacted the husband of his ex-girlfriend, who was in Orange Beach, Alabama, both via phone and through a series of messages on Facebook Messenger, threatening to kill him and his son. Adams stated, “I’m coming brother, say goodbye to your [son]...” He also continued to harass and threaten the individual, at one point sending a message that included a photo of Adams holding an assault rifle.
Law Enforcement was able to confirm that Adams was outside of Alabama when he sent the threatening messages to his victims within the state.
The Orange Beach Police Department and the Federal Bureau of Investigation investigated this case. Assistant United States Attorneys Sean Costello and Christopher Baugh prosecuted the case for the United States Attorney’s Office for the Southern District of Alabama.
Clarke County Man Sentenced to More Than 21 Years on Child Pornography ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Vincent Logan Baugh, age 28, of Grove Hill, Alabama was sentenced today after earlier pleading guilty to two counts charging violations of 18 USC Section 2252A(a)(2), Receipt of Child Pornography, two counts charging violations of 18 USC Section 2251(a), Production of Child Pornography, and one count charging 18 USC 2252A, Possession of Child Pornography.
A young girl reported to the Clarke County Sheriff’s Office that Baugh had coerced her into sexual activity when she was twelve years old. After an investigation, the Federal Bureau of Investigation and Clarke County Sheriff’s Office obtained a search warrant for Baugh’s electronic devices. A forensic examination revealed that Baugh had demanded and received pornographic images from three young girls. In addition, he had approximately 250 images of child pornography which he had downloaded from the internet.At sentencing, the United States argued that the defendant had downloaded images that included infants. Also, he had caused trauma to three young girls. United States District Judge William Steele found that because of the nature and seriousness of the crimes, a high sentence was appropriate and ordered that he be imprisoned for 262 months, followed by a lifetime of supervised release.
This case was investigated by the Clarke County Sheriff’s Department and the Federal Bureau of Investigation.
Three-Month Operation Nets 24 Defendants, Takes over 50 Guns Off StreetsRead the Press Release
SELMA, Ala – A three-month operation focused on reducing violent crime in Selma and the Gulf Coast region resulted in federal charges against 24 defendants, with about 50 guns seized, announced U.S. Attorney Richard Moore, Southern District of Alabama; U.S. Attorney Louis Franklin, Middle District of Alabama; Assistant Special Agent in Charge David Hyche along with Special Agent in Charge Marcus Watson of Bureau of Alcohol, Tobacco, Firearms and Explosives; and Alabama Attorney General Steve Marshall.
The U.S. Attorney’s Office and ATF joined with local law enforcement in Selma and the Gulf Coast Region in an intense effort named “Operation Focused Remedy” which crime gun intelligence focuses on the arrest of violent offenders, disrupting the shooting cycle and taking guns off the streets. The participating agencies include Alabama Attorney General’s Office, Selma Police Department, U.S. Marshals Service, Gulf Coast Task Force, DEA, Moundville Police Department, 4th Judicial District Attorney’s Office, 4th and 17th Judicial Drug Task Forces as well as Dallas, Hale and Marengo County Sheriff’s Offices.
U.S. Attorney Moore said, “The level of gun violence in the Southern District of Alabama is too high. I appreciate the combined efforts of our federal, state and local law enforcement partners to interrupt this pattern of federal firearms violations. The U.S. Attorney’s Office will stand with the citizens of our district to insist on our streets being safe for our children and particularly safe from gun violence. Our office in the near future will have a greater presence in Selma as a part of this new initiative.”
ATF’s Crime Gun Intelligence resources include firearms tracing, the use of NIBIN (National Integrated Ballistic Information Network) and the issues surrounding stolen firearms from the public. The 24 defendants facing current gun charges all have multiple prior felony convictions.
“ATF and our partners are committed to removing the criminal element from the streets of Selma,” Watson said. “ATF Crime Gun Intelligence Centers are the driving force to reducing the violent crime and disrupting the shooting cycle that plagues our neighborhoods.”
These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department of Justice’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Anyone with information regarding firearms related violent crimes should contact the ATF at (800) ATF-GUNS (1-800-283-4867). Information also can be sent to ATF via the mobile app www.reportit.com by using the Nashville Field Division as the location.Brother and Sister Posing as Couple Sentenced in Robbery of Mobile Area WalmartRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that United States District Court Chief Judge Kristi K. DuBose sentenced John Spinner and Valeria Brown on August 3, 2018 to a term of 10 years in federal prison each for armed robbery. Both Brown and Spinner entered a plea of guilty on April 24, 2018.
On October 10, 2016, four individuals, armed with handguns, robbed the Walmart at 2500 Dawes Road in Mobile, Alabama. Two suspects held victims at gunpoint at the self-checkout register while they stole the day’s deposit bags.
John Spinner and his sister, Valeria Brown, posed as a couple with Brown’s infant child, and served as lookouts for the other two robbers. Brown and Spinner communicated with their accomplices via cell phone, informing them when it was clear for them to enter the Walmart and commence with the robbery.
Brown and Spinner waited outside for the others, and all four fled the scene after the robbery. Brown and Spinner followed their accomplices in another vehicle and Spinner shot at citizens in order to assist their conspirators’ escape.
Both Brown and Spinner were ordered to pay $13,154.00 in restitution and will have to serve 3 years supervised release upon their release from prison.
Lawrence Battiste, Chief of Police of the Mobile Police Department commented on matter, saying, “The City of Mobile and the Mobile Police Department are thankful for the partnership with the U.S. Attorney’s Office. We are grateful for their assistance in (the) prosecution of these offenders. We look forward to an ongoing effort to remove those offenders in our community that seek to commit crimes that diminish the quality of life in Mobile.”
The Mobile Police Department and the Federal Bureau of Investigation, Mobile Field office investigated this case. Assistant United States Attorney Christopher Baugh prosecuted the case for the United States Attorney’s Office for the Southern District of Alabama.
Jackson, Alabama Resident, Former Burglar, Sentenced to Two Years for Possessing a FirearmRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that United States District Court Senior Judge William H. Steele sentenced Avery Varkese Nash on August 2, 2018 to a term of 24 months in federal prison.
Nash, who had previously been convicted of Burglary in 2014, was a passenger in a vehicle on October 24, 2017, in Thomasville, Alabama, when Thomasville police stopped the vehicle for not having the required license plate. Neither the driver nor Nash could produce identification. The driver of the vehicle allowed police to search the trunk. It was then that Nash informed the officers that he had a pistol and a loaded magazine in the trunk. Police recovered the firearm and determined it was reported stolen.
Nash pled guilty on April 12, 2018 to the offense of felon in possession of a firearm.
The Thomasville Police Department and the Federal Bureau of Investigation, Mobile Field office investigated this case. Assistant United States Attorney Christopher Baugh prosecuted the case for the United States Attorney’s Office for the Southern District of Alabama.
United States Attorney's Office Secures 10 Year Statutory Maximum Sentence for Felon in Possession of a Firearm, While in the Presence of an Infant Child and CocaineRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that United States District Court Senior Judge Callie V. S. Granade sentenced Harlan Bradley, Jr. on August 1, 2018 to the maximum sentence allowed, 10 years in prison, for his possession of 4 firearms.
According to the evidence at trial, On May 17, 2017, members of the Mobile County Street Enforcement Narcotics Team executed a search warrant on the residence of Bradley. Officers found Bradley in the living room on the sofa with an infant child. Also on the sofa was a bag of cocaine. During the interview, Bradley admitted that he occasionally sold drugs to “…make some extra money to buy weed and chill.”
Throughout the house, officers recovered four firearms- two hand guns and two rifles- one being an AK-47 assault weapon. Bradley, a prior convicted felon, was prohibited by law from possessing firearms and admitted to the officers that he had the weapons for his protection.
A jury found Bradley guilty on April 11, 2018. Harlan Bradley had a criminal history that included felony convictions of Assault, Discharging a Firearm into a Dwelling or Vehicle and being a Prohibited Person in Possession of a Firearm.
ATF Special Agent in Charge Marcus Watson remarked, “The efforts of ATF’s Crime Gun Intelligence leveraged investigative resources and community partnerships that resulted in this sentencing.”The Mobile County Street Enforcement Narcotics Team, Prichard Police Department, Mobile Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives, Mobile Field office investigated this case. Assistant United States Attorney Christopher Baugh prosecuted the case for the United States Attorney’s Office for the Southern District of Alabama.
Camden Man Sentenced on Gun ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that James Darren Norris, 52, of Camden, Alabama, was sentenced this morning to 37 months’ imprisonment on gun charges. Court documents show that Norris was driving a truck pulling a trailer with no lights and no tag in June of 2017. The officers noticed paraphernalia in the vehicle in plain view associated with drug use. Officers also observed that Norris was wearing a gun holster on his belt, which was empty, and his belt was unbuckled. They conducted a search of his vehicle and found other drug paraphernalia, two grams of methamphetamine and a loaded .45 caliber pistol. Norris admitted that he was a convicted felon. Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) determined that Norris had a prior felony conviction in federal court in Mobile for being a prohibited person (a drug user) in possession of a firearm.
Norris was indicted in January of 2018 by a federal grand jury in Mobile, charged with felon in possession of a firearm. In March of 2018, ATF agents and agents from the 4th Judicial Circuit Drug Task Force traveled to Norris’ residence in Camden to execute an arrest warrant for the federal indictment. When they arrived, they found drug paraphernalia in plain view in the shop near the house, and shotgun shells around the desk in the shop. They obtained a search warrant to determine whether there was additional drug evidence or a gun in the residence or the shop. They found a 12 gauge shotgun in the house. Norris was advised of his rights, and he admitted that he was a user of methamphetamine and he used it whenever he had it, as often as a couple of times a day. In late March, the grand jury in Mobile returned a superseding indictment charging Norris with being a drug user in possession of the shotgun recovered from his residence in March. In April of 2018, Norris pled guilty to the federal charges of felon in possession of a firearm and drug user in possession of a firearm.
United States District Court Judge Callie V. S. Granade sentenced Norris to 37 months’ imprisonment concurrent on the two counts. The judge also ordered that Norris undergo drug and alcohol treatment and counseling while serving his sentence. The judge further ordered that Norris serve a three-year term of supervised release when he is discharged from his custody sentence, during which he will undergo further drug and alcohol abuse treatment. Norris was ordered to pay $200 in mandatory special assessments, but no fine was imposed.
The case was investigated by the Camden Police Department, 4th Judicial Circuit Drug Task Force, and ATF. It was prosecuted in the United States Attorney’s Office by Assistant United Sates Attorney Gloria Bedwell.
Summerdale Man Sentenced on Drug ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Nicholas Toth, 30, of Summerdale, Alabama, was sentenced on July 26, 2018, to 120 months imprisonment for possession with intent to distribute methamphetamine. Court documents show that Toth sold methamphetamine ice to a confidential informant three times during May of 2017. Toth was indicted on the federal charges of possession with intent to distribute methamphetamine in October of 2017. He pled guilty in March of 2018 to one of the drug sales.
United States District Court Judge William Steele sentenced Toth to 120 months’ imprisonment to be followed by eight years of supervised release when he is discharged from his custody sentence, during which he will undergo drug and alcohol abuse treatment. Toth was also ordered to pay $100 in mandatory special assessments, but no fine was imposed.
The case was investigated by the the Baldwin County Sheriff’s Office, the Baldwin County Drug Task Force and the FBI Safe Streets Task Force. It was prosecuted in the United States Attorney’s Office by Assistant United Sates Attorney Gloria Bedwell.
Georgia Man Sentenced on Gun ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Anthony Desean Lee, 28, of Decatur, Georgia, was sentenced on July 26, 2018, to 120 months’ imprisonment for being a convicted felon in possession of a firearm. Court documents show that federal law enforcement officers were conducting an investigation into the whereabouts of Lee and another subject, both wanted on fugitive warrants from the state of Georgia. The officers traveled to a residence in Citronelle, where they arrested Lee in the yard. The officers received consent to search the residence, where Lee admitted he was staying, and they found a .9mm pistol and an AK47 rifle, along with numerous rounds of ammunition for both weapons. In addition to the outstanding arrest warrant, the investigation showed that Lee had prior convictions for Robbery and Aggravated Assault, Armed Robbery and Possession of a Firearm during the Commission of a Crime, Aggravated Assault with a Deadly Weapon, Possession of a Firearm during the Commission of a Felony, and a prior charge of Possession of a Firearm by a Convicted Felon. Lee was indicted on the federal gun charge in Mobile in October of 2017, and he pled guilty in March of 2018.
United States District Court Judge Callie V. S. Granade sentenced Lee to 120 months’ imprisonment, which is the maximum sentence permitted by law for the offense. When Lee is released from imprisonment, he will serve three years of supervised release, during which he will undergo drug and alcohol abuse treatment. Lee was also ordered to pay $100 in mandatory special assessments, but no fine was imposed.
The case was investigated by 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 Sates Attorney Gloria Bedwell.
Foley Man Sentenced on Drug and Gun ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Daren Lewis Doffee, 36, of Foley, Alabama, was sentenced on July 27, 2018, to 70 months imprisonment for possession with intent to distribute methamphetamine and using, carrying or possessing a firearm in furtherance of or in relation to a drug trafficking felony. Court documents show that Doffee was the driver of a vehicle stopped by Foley police for a traffic violation on County Road 12. Doffee told the officer that he had a gun in the vehicle, and the officer found a loaded .9mm pistol with two extra magazines in the center console. In the investigation that followed, the officers found methamphetamine, a scale, notes which appeared to represent records of prior drugs sales, and $1,810 in cash. Doffee was indicted on the federal charges in November of 2017, and he pled guilty in March of 2018.
United States District Court Judge Kristi K. Dubose sentenced Doffee to 70 months’ imprisonment, consisting of 60 months on the gun charge, with an additional 10 months on the drug charge, to run consecutively. When Doffee is released from imprisonment, he will serve six years of supervised release, during which he will undergo drug and alcohol abuse treatment. Doffee was also ordered to pay $200 in mandatory special assessments, but no fine was imposed.
The case was investigated by the Foley Police Department, the Daphne Police Department, and the FBI Safe Streets Task Force. It was prosecuted in the United States Attorney’s Office by Assistant United Sates Attorney Gloria Bedwell.
Two Consulting Companies and Nine Affiliated Skilled Nursing Facilities to Pay $10 Million to Resolve False Claims Act Allegations Relating to Medically Unnecessary Rehabilitation Therapy ServicesRead the Press Release
Southern SNF Management, Inc., Rehab Services in Motion d/b/a Dynamic Rehab and nine affiliated skilled nursing facilities in Florida and Alabama have agreed to resolve allegations that they violated the False Claims Act by submitting or causing the submission of false claims to Medicare for medically unnecessary rehabilitation therapy services, the Department of Justice announced today. Under the agreement, Southern SNF, Dynamic Rehab and the nine skilled nursing facilities will pay the United States a total of $10 million.
“Today’s settlement demonstrates our continuing commitment to ensure that Medicare providers do not place their own financial gain over patients’ clinical needs,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Such conduct is especially unacceptable when it seeks to take advantage of older Americans, who are some of the most vulnerable members of our community.”
Medicare reimburses skilled nursing facilities based on a patient’s Resource Utilization Group (RUG) level, which is supposed to be determined by the amount of skilled rehabilitation therapy required by the patient. The United States alleged that between October 2009 and December 2013, Southern SNF, Dynamic Rehab and the nine skilled nursing facilities’ corporate policies and practices encouraged the provision of medically unreasonable and unnecessary therapy without regard for patients’ individual clinical needs. The companies’ actions resulted in the submission of false claims based on inflated RUG levels.
“The United States Attorney’s Office for the Southern District of Alabama is committed to holding accountable those who place profit over the medical needs of patients,” said U.S. Attorney Richard W. Moore for the Southern District of Alabama. “The provision of excessive and medically unnecessary therapy services will not be tolerated.”
“Health care companies that do business with the Federal government must bill taxpayer funds honestly,” said Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services, Office of Inspector General. “Those engaging in deceptive billing practices can expect an aggressive investigation to recover inappropriately obtained funds.”
The allegations resolved by this settlement arose from a whistleblower lawsuit filed under the False Claims Act by La-Wanda Davis, Tramecier Donald, and Megan Dinkins, former employees of one of the skilled nursing facilities. Under the False Claims Act, private citizens can sue on behalf of the government for false claims and share in any recovery. The whistleblowers will receive $2 million of the recovered funds.
The settlement was the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch, the United States Attorney’s Office for the Southern District of Alabama, the Department of Health and Human Services Office of Inspector General and the Federal Bureau of Investigation.
The case is captioned United States ex rel. Davis, et al. v. Southern SNF Management, Inc., et al., Case No.13-000384-WSM (S.D. Ala.). The claims resolved by the settlement are allegations only; there has been no determination of liability.
Armed Career Criminal Sentenced to 180 Months in Prison for Illegally Possessing FirearmsRead the Press Release
United States Attorney Richard W. Moore announces that United States District Court Judge Kristi K. DuBose sentenced Dustin Lee McLellan on July 18, 2018 to serve a term of imprisonment of 180 months followed by 5 years of supervised release for the illegal possession of firearms as a convicted felon during two separate incidents occurring in 2016 and 2017.
On August 7, 2017, a federal jury found the defendant guilty of being a convicted felon in possession of a loaded firearm in Brewton, Alabama. The trial evidence in the case revealed that on March 22, 2017, police officers from the Brewton Police Department were on patrol in an area that was known for narcotics activity. While on patrol, the officers encountered the defendant, who appeared passed out in his Chevrolet Corvette. As the officers investigated the scene, they observed that the defendant was in possession of a loaded Davis Industries, model P32, .32 caliber, with one round in the chamber. Furthermore, the testimony elicited at trial established that the defendant was also in possession of methamphetamine and drug paraphernalia at the time of his arrest.
Subsequently, on October 23, 2017, the defendant entered a guilty plea for illegally possessing a loaded Highpoint, model C-9, 9mm in Atmore, Alabama on or about August 19, 2016. The firearm was found as a result of a traffic stop.
The Court found that the defendant was an Armed Career Criminal under 18 U.S.C. § 924(e) because of his prior violent felony and serious drug offense convictions. The defendant had two prior felony convictions in Alabama for first degree burglary and one for attempted manufacture of a controlled substance in the second degree. As a result of his status as an Armed Career Criminal, the defendant was subject to a fifteen year mandatory minimum term of incarceration for his firearm convictions. This case was investigated by the Federal Bureau of Investigation (FBI), the Brewton Police Department, and the Atmore Police Department. The case was prosecuted by Deputy Criminal Chief Assistant United States Attorney George F. May, Assistant United States Attorney Lawrence J. Bullard, and U. S. Department of Justice Trial Attorney Megan S. Lewis for the United States Attorney’s Office for the Southern District of Alabama.
Texas Resident Receives 12 Months on Fraud Charge, Ordered to Pay $190,000 in RestitutionRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that Senior United States District Judge Callie V.S. Granade sentenced Donna Marie Allison, 54, a resident of Springtown, Texas, to 12 months imprisonment for committing wire fraud. The judge ordered that Allison undergo three years of supervised release after finishing her term of imprisonment and pay a $100 mandatory special assessment. The judge also imposed credit restrictions upon Allison and ordered that she pay $190,000 in restitution to her financial victim.
Allison admitted certain facts as part of her guilty plea. From around February 1, 2012 to around April 1, 2014, Allison devised and participated in a scheme to defraud individuals seeking financing. She represented herself as the head of CRF Investors LLC. Allison falsely represented that her business would offer loans to companies seeking financing for various projects. In this case, Allison falsely represented that she and CRF Investors LLC would provide financing for an assisted living facility in Meridian, Mississippi. Allison’s financial victim was another entity that was trying to build the facility. Allison had the victim sign loan commitment agreements that required the victim to pay an “advance fee” of $190,000 to her company to cover interest for the loan. In truth, as Allison knew, the agreements were a ploy to obtain money from the victim, who received nothing in return. To induce the victim to pay the advance fee, Allison falsely represented that she and her company had obtained similar financing in the past for others and that funding would be available shortly after payment of the advance fee.
On March 31, 2016, a federal grand jury for the Southern District of Alabama indicted Allison on eight counts of wire fraud. On February 26, 2018, Allison pleaded guilty before Judge Granade to one count of wire fraud.
The Federal Bureau of Investigation investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.
Birmingham Man Sentenced on Gun ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Darrius Lamar Smith, 31, of Birmingham, Alabama, was sentenced on June 29, 2018, to 30 months’ imprisonment on a federal charge of felon in possession of a firearm. Court documents show that Smith’s prior felony convictions were for Robbery First Degree in 2007, and Certain Persons Forbidden to Possess a Firearm in 2009, both in Circuit Court of Jefferson County, Alabama. Court documents also reflected that in March of 2018, Smith pled guilty to federal charge in Mobile, which alleged his illegal possession of a firearm in October of 2017.
United States District Court Judge Kristi K. Dubose sentenced Smith to 30 months’ imprisonment, noting that he had significant criminal history. The judge ordered that the sentence would run concurrently with another state case pending against Smith in the Circuit Court of Conecuh County, Alabama. The judge also ordered that Smith serve a three-year term of supervised release when he is discharged from his custody sentence, during which he will undergo further drug abuse and mental health treatment. Smith was also ordered to pay $100 in mandatory special assessments, but no fine was imposed.
The case was investigated by the Evergreen Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United Sates Attorney Gloria Bedwell.
Semmes Resident Receives Five Years on Gun ChargeRead 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 Brandon Earl Ashley, 30, a resident of Semmes, Alabama, to 60 months imprisonment for possessing a firearm in furtherance of a drug trafficking crime. The judge ordered that Ashley undergo five years of supervised release after finishing his term of imprisonment, pay a $100 mandatory special assessment, and receive substance abuse testing and treatment.
Ashley is a convicted felon with a criminal history involving drugs. For instance, on August 22, 2013 Ashley was convicted of Possession of a Controlled Substance in the Circuit Court of Mobile County, Alabama. Federal law prohibits convicted felons such as Ashley from knowingly possessing a firearm.
Ashley admitted certain facts as part of his guilty plea. According to those documents, on August 22, 2017, Spanish Fort Police Department Officer Shane Parker was on patrol traveling west on Battleship Parkway. He saw a vehicle driving over 80 mph eastward on the parkway. Parker tuned around to initiate a traffic stop for speeding. Parker noticed the vehicle turn into Keeton Corrections. The vehicle appeared to Parker as if it were trying to elude the stop due to the vehicle’s speed when it crossed over the westbound traffic lanes. Parker saw the vehicle park abruptly. When Parker stopped near the vehicle, the driver was walking away from it. Parker told the driver to return to his vehicle, which he did.
Parker approached the vehicle and smelled marijuana emanating from the vehicle. Ashley was the driver and sole occupant of the vehicle. Parker searched the vehicle for marijuana. While searching the driver's side area, Parker found a loaded Taurus 9mm pistol under the seat. When Parker opened the back doors of the vehicle, he saw numerous bags of marijuana and a small bag of pills in plain view. Ashley possessed approximately $2,420.01 in cash. In the vehicle, police found a digital scale, multiple cell phones, and drugs, namely, cocaine, hydrocodone, oxycodone, amphetamine, alprazolam, fentanyl, marijuana, and methorphan. Police later determined that the Taurus firearm was stolen.
On December 27, 2017, a federal grand jury for the Southern District of Alabama returned a five-count indictment against Ashley, charging him with one count of being a felon in possession of a firearm, three counts of possession with intent to distribute a controlled substance, and one count of possessing a firearm in furtherance of a drug trafficking crime. On March 22, 2018, Ashley pleaded guilty before Chief Judge DuBose to possessing the Taurus pistol in furtherance of the crime of possession with intent to distribute controlled substances.The Federal Bureau of Investigation and the Spanish Fort Police Department investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.
Semmes Resident Receives Five Years on Gun ChargeRead 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 Brandon Earl Ashley, 30, a resident of Semmes, Alabama, to 60 months imprisonment for possessing a firearm in furtherance of a drug trafficking crime. The judge ordered that Ashley undergo five years of supervised release after finishing his term of imprisonment, pay a $100 mandatory special assessment, and receive substance abuse testing and treatment.
Ashley is a convicted felon with a criminal history involving drugs. For instance, on August 22, 2013 Ashley was convicted of Possession of a Controlled Substance in the Circuit Court of Mobile County, Alabama. Federal law prohibits convicted felons such as Ashley from knowingly possessing a firearm.
Ashley admitted certain facts as part of his guilty plea. According to those documents, on August 22, 2017, Spanish Fort Police Department Officer Shane Parker was on patrol traveling west on Battleship Parkway. He saw a vehicle driving over 80 mph eastward on the parkway. Parker tuned around to initiate a traffic stop for speeding. Parker noticed the vehicle turn into Keeton Corrections. The vehicle appeared to Parker as if it were trying to elude the stop due to the vehicle’s speed when it crossed over the westbound traffic lanes. Parker saw the vehicle park abruptly. When Parker stopped near the vehicle, the driver was walking away from it. Parker told the driver to return to his vehicle, which he did.
Parker approached the vehicle and smelled marijuana emanating from the vehicle. Ashley was the driver and sole occupant of the vehicle. Parker searched the vehicle for marijuana. While searching the driver's side area, Parker found a loaded Taurus 9mm pistol under the seat. When Parker opened the back doors of the vehicle, he saw numerous bags of marijuana and a small bag of pills in plain view. Ashley possessed approximately $2,420.01 in cash. In the vehicle, police found a digital scale, multiple cell phones, and drugs, namely, cocaine, hydrocodone, oxycodone, amphetamine, alprazolam, fentanyl, marijuana, and methorphan. Police later determined that the Taurus firearm was stolen.
On December 27, 2017, a federal grand jury for the Southern District of Alabama returned a five-count indictment against Ashley, charging him with one count of being a felon in possession of a firearm, three counts of possession with intent to distribute a controlled substance, and one count of possessing a firearm in furtherance of a drug trafficking crime. On March 22, 2018, Ashley pleaded guilty before Chief Judge DuBose to possessing the Taurus pistol in furtherance of the crime of possession with intent to distribute controlled substances.
The Federal Bureau of Investigation and the Spanish Fort Police Department investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.
Traffic Stop Leads to Convicted Felon Being Sentenced to 18 Months in Federal Prison for the Illegal Possession of FirearmsRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Chief United States District Court Judge Kristi K. DuBose sentenced Anthony Letom McCann on June 29, 2018 to serve a term of imprisonment of 18 months followed by 3 years of supervised release for illegally possessing two firearms. The defendant possessed the firearms in Mobile, Alabama on May 18, 2017 in violation of 18 USC § 922(g)(1). The defendant entered a guilty plea before the Court on March 22, 2018.
On the date of incident, a trooper with the Alabama Law Enforcement Agency (ALEA) initiated a traffic stop of the defendant’s vehicle for speeding after the trooper observed the defendant traveling 73mph in a 55mph zone. During the traffic stop, the trooper asked the defendant if there were any weapons in the vehicle. The defendant did not answer right away and did not make eye contact with the trooper. The defendant’s hesitation made the trooper suspicious and the defendant was asked to exit the vehicle. After exiting the vehicle, the defendant admitted that there was a firearm between the front seats. A search of the vehicle was conducted and the authorities located a Norinco, Model 54-1, 9 mm pistol between the front seats and a Ruger, Model AR-556, 5.56 mm rifle in the trunk of the vehicle.
This case was investigated by the Federal Bureau of Investigation (FBI) Safe Streets Task Force, and the Alabama Law Enforcement Agency (ALEA). The case was prosecuted by Assistant United States Attorneys Michael D. Anderson and Lawrence J. Bullard for the United States Attorney’s Office for the Southern District of Alabama.
Mobile County Man Sentenced to 240 Months in Prison for Two Carjacking Crimes, Two Possession of a Firearm During a Crime of Violence Crimes and Ordered to Pay Restitution in the Amount of $21,000.00Read the Press Release
The United States Attorney, Richard W. Moore, announces that, Jaquail Busby, a 26 year old resident of Mobile, Alabama was sentenced to 240 months of incarceration for a carjacking that occurred on January, 5 2017, a carjacking that occurred on April 13, 2017, and separate convictions for possession of a firearm in furtherance of each carjacking. He was also ordered to pay $21,000.00 in restitution to Easy Money Store located on Dauphin Island Parkway in Mobile, Alabama.
According to the factual statement Busby signed in connection with his guilty plea, on January 5, 2017, Busby took by force and threats of death the vehicle of R.W. using a firearm. Busby and an accomplice followed R.W. around Mobile in a vehicle as she traveled home from work in her Mazda. At the opportune time, Busby jumped out of the vehicle he was traveling in with a handgun after his vehicle cut in front of the Mazda. Busby beat on the window with the handgun and told R.W. to unlock the door. When she hesitated, he fired two shots into the air. R.W. then opened the door and Busby got into the back seat of the Mazda and told R.W. to drive. He continued to threaten R.W. as she drove to a local cemetery. After several hours, Busby told R.W to drive back to her place of employment - Easy Money located on Dauphin Island Parkway – because he intended to steal money from the business. R.W. complied. When they arrived at Easy Money, Busby stole approximately $21,000 from R.W. Busby then ordered R.W. to drive him to another location in Mobile and he then exited her vehicle and threw her keys away. R.W. retrieved the keys and called the police.
On April 13, 2017, Jaquail Busby and Calvin Harris devised a plan to steal money from Easy Money, a local title loan business. The plan included using an unknowing employee of the business. Later that day, J. P. (Easy Money employee/ victim) left Easy Money, located at 7740 Airport Blvd, Mobile, AL at about 9:00pm, got into her vehicle for the drive home. Unbeknownst to her, Harris and Busby were following her in Harris’ vehicle. After she had been driving about 15 minutes, Harris drove his vehicle around in front of J. P’s. vehicle and positioned it to where she had to stop or hit Harris’ vehicle. She chose to stop.
Busby then exited the vehicle and beat on her window with a firearm, telling J. P. to open the door. When she complied, Busby then told the victim to get out of the car, then ordered her back in the car, and Busby got in the rear driver side seat. Harris then sped away. As J. P. drove slowly on the city streets, Busby fired a shot out the window and told her to drive the speed limit. Busby forced J. P. to drive into an old cemetery. Busby told her to pull to the back and park facing out.
Busby then told J. P. to call her husband and tell him that she was staying with her mother. J. P. told Busby that if she called her husband, he would not believe her and Busby became angry and fired a second shot in the air. Busby then told J. P. to call her husband and tell him that she had to stay with her mother. Busby told J. P. that if she did not make the call that his associates would kill everyone there including her grandchild. Busby communicated with Harris via cell phone and told Harris to shoot anyone who came to the house. J. P. stated that throughout the night she kept praying that Busby would not kill her and tried to talk to him in an attempt to keep him calm.
At approximately 6:30am the next day, J. P. and Busby left the cemetery and drove back to Easy Money. During the drive, Busby and Harris communicated again and this time via text messages. In the text messages, Busby sought confirmation that the coast was clear to return to the business and steal the approximately $12,000 that was in the safe. Harris confirmed in return text messages that he would be positioned outside of Easy Money looking out to make sure no police were in sight. When they arrived, Busby told J. P. that they were going to sit outside until 7:00am because he knew that's what time she had to be in the store and that was 30 minutes before the timer on the safe would unlock. At 7:00am, Busby told J.P. to go inside and sit at the desk directly in front of where they parked so he could watch her.
At approximately 7:25am, J. P.’s co-worker, B. J. (the second victim) arrived at the location and was confronted by Busby who forced her inside at gunpoint and then made both of them go into the room where the safe was located. Once inside the room, Busby realized that he did not have his cellphone to communicate with Harris so he told J. P. to go get it from her vehicle. Busby told J. P. if she did anything funny he would blow B. J.’s brains out. When J. P. walked outside, a police car simultaneously pulled in the parking lot so she ran over to the vehicle and began explaining to an officer what was happening. Busby saw the police outside, and fled the scene in J. P.’s vehicle leaving the gun in his haste. A K9 Officer was dispatched to the location to track Busby. Busby was located a short time later hiding under a house. He was arrested and confessed giving written permission to search his cell phone Texts on his cell phone between he and Harris discussing the robbery and kidnapping were located. Busby pled guilty on January 25, 2018.
Officers of the Mobile, AL Police Department along with special agents of the Federal Bureau of Investigation investigated the case and presented it to the United States Attorney’s Office for prosecution. The prosecutor assigned to the case was Assistant United States Attorney, Gina S. Vann.
Mobile County Man Sentenced to 240 Months in Prison for Two Carjacking Crimes, Two Possession of a Firearm During a Crime of Violence Crimes and Ordered to Pay Restitution in the Amount of $21,000.00Read the Press Release
The United States Attorney, Richard W. Moore, announces that, Jaquail Busby, a 26 year old resident of Mobile, Alabama was sentenced to 240 months of incarceration for a carjacking that occurred on January, 5 2017, a carjacking that occurred on April 13, 2017, and separate convictions for possession of a firearm in furtherance of each carjacking. He was also ordered to pay $21,000.00 in restitution to Easy Money Store located on Dauphin Island Parkway in Mobile, Alabama.
According to the factual statement Busby signed in connection with his guilty plea, on January 5, 2017, Busby took by force and threats of death the vehicle of R.W. using a firearm. Busby and an accomplice followed R.W. around Mobile in a vehicle as she traveled home from work in her Mazda. At the opportune time, Busby jumped out of the vehicle he was traveling in with a handgun after his vehicle cut in front of the Mazda. Busby beat on the window with the handgun and told R.W. to unlock the door. When she hesitated, he fired two shots into the air. R.W. then opened the door and Busby got into the back seat of the Mazda and told R.W. to drive. He continued to threaten R.W. as she drove to a local cemetery. After several hours, Busby told R.W to drive back to her place of employment - Easy Money located on Dauphin Island Parkway – because he intended to steal money from the business. R.W. complied. When they arrived at Easy Money, Busby stole approximately $21,000 from R.W. Busby then ordered R.W. to drive him to another location in Mobile and he then exited her vehicle and threw her keys away. R.W. retrieved the keys and called the police.
On April 13, 2017, Jaquail Busby and Calvin Harris devised a plan to steal money from Easy Money, a local title loan business. The plan included using an unknowing employee of the business. Later that day, J. P. (Easy Money employee/ victim) left Easy Money, located at 7740 Airport Blvd, Mobile, AL at about 9:00pm, got into her vehicle for the drive home. Unbeknownst to her, Harris and Busby were following her in Harris’ vehicle. After she had been driving about 15 minutes, Harris drove his vehicle around in front of J. P’s. vehicle and positioned it to where she had to stop or hit Harris’ vehicle. She chose to stop.
Busby then exited the vehicle and beat on her window with a firearm, telling J. P. to open the door. When she complied, Busby then told the victim to get out of the car, then ordered her back in the car, and Busby got in the rear driver side seat. Harris then sped away. As J. P. drove slowly on the city streets, Busby fired a shot out the window and told her to drive the speed limit. Busby forced J. P. to drive into an old cemetery. Busby told her to pull to the back and park facing out.
Busby then told J. P. to call her husband and tell him that she was staying with her mother. J. P. told Busby that if she called her husband, he would not believe her and Busby became angry and fired a second shot in the air. Busby then told J. P. to call her husband and tell him that she had to stay with her mother. Busby told J. P. that if she did not make the call that his associates would kill everyone there including her grandchild. Busby communicated with Harris via cell phone and told Harris to shoot anyone who came to the house. J. P. stated that throughout the night she kept praying that Busby would not kill her and tried to talk to him in an attempt to keep him calm.
At approximately 6:30am the next day, J. P. and Busby left the cemetery and drove back to Easy Money. During the drive, Busby and Harris communicated again and this time via text messages. In the text messages, Busby sought confirmation that the coast was clear to return to the business and steal the approximately $12,000 that was in the safe. Harris confirmed in return text messages that he would be positioned outside of Easy Money looking out to make sure no police were in sight. When they arrived, Busby told J. P. that they were going to sit outside until 7:00am because he knew that's what time she had to be in the store and that was 30 minutes before the timer on the safe would unlock. At 7:00am, Busby told J.P. to go inside and sit at the desk directly in front of where they parked so he could watch her.
At approximately 7:25am, J. P.’s co-worker, B. J. (the second victim) arrived at the location and was confronted by Busby who forced her inside at gunpoint and then made both of them go into the room where the safe was located. Once inside the room, Busby realized that he did not have his cellphone to communicate with Harris so he told J. P. to go get it from her vehicle. Busby told J. P. if she did anything funny he would blow B. J.’s brains out. When J. P. walked outside, a police car simultaneously pulled in the parking lot so she ran over to the vehicle and began explaining to an officer what was happening. Busby saw the police outside, and fled the scene in J. P.’s vehicle leaving the gun in his haste. A K9 Officer was dispatched to the location to track Busby. Busby was located a short time later hiding under a house. He was arrested and confessed giving written permission to search his cell phone Texts on his cell phone between he and Harris discussing the robbery and kidnapping were located. Busby pled guilty on January 25, 2018.
Officers of the Mobile, AL Police Department along with special agents of the Federal Bureau of Investigation investigated the case and presented it to the United States Attorney’s Office for prosecution. The prosecutor assigned to the case was Assistant United States Attorney, Gina S. Vann.
National Health Care Fraud Takedown Results in Charges Against 601 Individuals Responsible for over $2 Billion in Fraud LossesRead the Press Release
WASHINGTON - Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III, announced today the largest ever health care fraud enforcement action involving 601 charged defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings. Of those charged, 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS announced today that from July 2017 to the present, it has excluded 2,700 individuals from participation in Medicare, Medicaid, and all other Federal health care programs, which includes 587 providers excluded for conduct related to opioid diversion and abuse.
Attorney General Sessions and Secretary Azar were joined in the announcement by Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Deputy Director David L. Bowdich of the FBI, Assistant Administrator John Martin of the Drug Enforcement Administration (DEA), Deputy Inspector General Gary Cantrell of the HHS Office of Inspector General (OIG), Deputy Chief Eric Hylton of IRS Criminal Investigation (CI), Centers for Medicare and Medicaid Services (CMS) Deputy Administrator and Director of the Center for Program Integrity Alec Alexander and Director Dermot F. O’Reilly of the Defense Criminal Investigative Service (DCIS).
Today’s enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit in conjunction with its Medicare Fraud Strike Force (MFSF) partners, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG. In addition, the operation includes the participation of the DEA, DCIS, IRS-CI, Department of Labor, other various federal law enforcement agencies, and State Medicaid Fraud Control Units.
The charges announced today aggressively target schemes billing Medicare, Medicaid, TRICARE, and private insurance companies for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries. The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 115 Americans die every day of an opioid-related overdose.“Health care fraud is a betrayal of vulnerable patients, and often it is theft from the taxpayer,” said Attorney General Sessions. “In many cases, doctors, nurses, and pharmacists take advantage of people suffering from drug addiction in order to line their pockets. These are despicable crimes. That’s why this Department of Justice has taken historic new steps to go after fraudsters, including hiring more prosecutors and leveraging the power of data analytics. Today the Department of Justice is announcing the largest health care fraud enforcement action in American history. This is the most fraud, the most defendants, and the most doctors ever charged in a single operation—and we have evidence that our ongoing work has stopped or prevented billions of dollars’ worth of fraud. I want to thank our fabulous partners with the FBI, DEA, our Health Care Fraud task forces, HHS, the Defense Criminal Investigative Service, IRS Criminal Investigation, Medicare, and especially the more than 1,000 federal, state, local, and tribal law enforcement officers from across America who made this possible. By every measure we are more effective at finding and prosecuting medical fraud than ever.”
“We will continue to prosecute criminal acts that contribute to the opioid abuse crisis and that undermine our healthcare system in our district,” said Richard W. Moore, United States Attorney for the Southern District of Alabama. “We have skilled prosecutors and diligent special agents who know how to present these cases to juries who we will ask to convict these defendants.”
“The abuse of prescription drugs remains a significant problem in communities across the nation, to include Alabama. For the health and safety of our citizens, DEA will continue to target the illegal diversion of these pharmaceuticals, which can destroy lives. We hope that these indictments and arrest will serve as a reminder to anyone who might illegally divert pharmaceuticals that they will be held accountable for the harm they cause,” said Stephen G. Azzam, Special Agent in Charge of the Drug Enforcement Administration’s New Orleans Field Division.
“DEA is committed to ending the opioid crisis occurring in our communities and preventing prescription drug misuse,” said DEA Assistant Administrator Martin. “DEA will continue to work with our partners every day to protect our citizens while ensuring that patients have adequate access to these critical medications.”
Nine defendants were arrested this week in the Southern District of Alabama for their roles in the unlawful distribution of opioids. They were charged with the distributions of controlled substances to include, Morphine, Hydrocodone, Oxycodone, Oxymorphone, OxyContin, or Fentanyl. Three of the defendants are from Selma and the remaining six are from Mobile.
A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.Armed Felon Sentenced on Drug and Gun ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Willie James Tunstall, 36, of Spanish Fort, Alabama, was sentenced this morning to 100 months’ imprisonment on gun and drug charges. Court documents show that Tunstall was involved in the distribution of crack cocaine and cocaine powder, and that he was also a convicted felon who was caught with a gun by law enforcement officers on one occasion. Investigators also conducted some controlled purchases of drugs from Tunstall, and when they attempted to arrest him on those charges, he led officers on a high speed chase down Highway 98 and into the Daphmont community in Daphne. Tunstall abandoned his vehicle and attempted to hide in an adjacent wooded area, but officers located him and some cocaine and crack cocaine he attempted to conceal in the underbrush. The investigation reflected that Tunstall was involved in the distribution of cocaine, crack cocaine, marijuana, Xanax, Lortab, codeine syrup and methamphetamine ice. Tunstall pled guilty to possession with intent to distribute crack cocaine and felon in possession of a firearm in January of 2018.
United States District Court Judge William Steele sentenced Tunstall to 100 months’ imprisonment on each count, with the sentences to run concurrently, noting that Tunstall had significant criminal history. Tunstall was also ordered to undergo drug and alcohol treatment and counseling while serving his sentence. The judge also ordered that Tunstall serve a six-year term of supervised release when he is discharged from his custody sentence, during which he will undergo further drug and alcohol abuse treatment. Williams was also ordered to pay $200 in mandatory special assessments, but no fine was imposed.
The case was investigated by the Daphne Police Department, the Baldwin County Sheriff’s Office, the Baldwin County Drug Task Force and the FBI Safe Streets Task Force. It was prosecuted in the United States Attorney’s Office by Assistant United Sates Attorney Gloria Bedwell.
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/
Illegal Alien Pleads Guilty to Immigration and Gun ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Jose Luis Alonso DeLeon has pled guilty to an indictment charging him with possession of a firearm by an illegal alien, a violation of 18 USC Section 922(g), which carries a maximum penalty of up to ten years imprisonment and three years of supervised release; and illegal reentry of a removed alien, which carries a maximum penalty of up to two years imprisonment and one year of supervised release.
DeLeon is scheduled to be sentenced before United States District Judge William Steele on September 21, 2018, at 10:00 a.m.
As part of the factual resume for the guilty plea, the United States established that on March 25, 2018, officers of the Fairhope, Alabama Police Department encountered Jose Luis Alonso DeLeon at the laundromat located at 139 Baldwin Square Shopping Center in Fairhope. Officers were in the area looking for a maroon truck that had just struck and killed a bicyclist moments before.
DeLeon was still sitting behind the steering wheel in the truck. The officer located a Mexican driver’s license in DeLeon’s pocket.Corporal Rada of the FPD observed a firearm lying in plain view on the front passenger floorboard of the truck. Corporal Rada recovered the firearm and identified it as a Glock model 26 9mm pistol.
As part of the Court proceedings, DeLeon admitted that he is a citizen of Mexico and that he was in the United States without permission. Investigation revealed that on March 25, 2014, he was found in the United States and was ordered removed. He departed on March 27, 2014 from Laredo, Texas Port of Entry. He had also been encountered in the United States by the Border Patrol on May 5, 1999; February 28, 2000; March 19, 2000; March 24, 2014; March 25, 2014; and April 24, 2014.
After the April 24, 2014 encounter he was charged with violating Title 8 U.S.C. 1325, entry without inspection. He pled guilty and served 30 days imprisonment.
Although these charges arose on the same date as DeLeon’s pending charges with District Attorney Bob Wilters in Baldwin County, they are separate from the Alabama state charges of manslaughter and leaving the scene of an accident. DeLeon is charged in state court with causing the death of Amy Hawkins who was riding her bicycle in the northbound lane of County Road 13 in Fairhope, Alabama on March 25, 2018.
This case was investigated by the Department of Homeland Security, Homeland Security Investigations; the Bureau of Alcohol, Tobacco Firearms and Explosives; the Fairhope Police Department; and ALEA. This case is being prosecuted by AUSA Maria E. Murphy.
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/
Convicted Drug Dealer Receives 56 Months on Gun ChargeRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that United States District Judge William H. Steele sentenced Jason Edward Barber, 31, a resident of Thomaston and Uniontown, Alabama, to 56 months imprisonment for being a felon in possession of a firearm. The judge ordered that Barber undergo three years of supervised release after finishing his term of imprisonment and pay a $100 mandatory special assessment. The judge also recommended that Barber receive comprehensive substance abuse treatment while incarcerated.
Barber is a convicted felon with prior drug convictions. For example, on July 22, 2013 he was convicted of Unlawful Distribution of a Controlled Substance in the Circuit Court of Perry County, Alabama. As a convicted felon, Barber is prohibited by federal law from knowingly possessing a firearm.
On March 24, 2017, a Uniontown Police Department lieutenant obtained a state warrant to search Barber’s residence in Uniontown. The lieutenant had used a confidential informant to purchase drugs from Barber at the home, providing probable cause for the warrant.On March 26, 2017, law enforcement officials executed the warrant at the premises. During the search, officials found approximately $778 in cash in Barber’s bedroom, two Smith & Wesson magazines loaded with ammunition, and one .38 caliber Rossi revolver. Officials found the firearm beside Barber’s bed. Moreover, agents found approximately 431.5 grams of marijuana and approximately 57.8 grams of cocaine in the trunk of a vehicle adjacent to the residence. The vehicle was previously driven by Barber, who was at the home at the time of the search.
In December 2017, Barber was arrested on a federal criminal complaint. On December 27, 2017, a federal grand jury for the Southern District of Alabama indicted Barber on one count of being a felon in possession of a firearm. On February 21, 2018, a federal grand jury for the district returned a superseding indictment, adding two drug charges against Barber. On March 8, 2018, Barber pleaded guilty before Judge Steele to the gun charge.
Jason Barber is the brother of Gerald Barber, who was convicted on drug charges in January 2018 after a federal jury trial in Selma, Alabama and who later received a 120-month prison sentence.
The Drug Enforcement Administration and the Uniontown Police Department investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.
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/
Former Pain Management Doctor Receives 5 Years in Health Care Fraud Case, Ordered to Pay More Than 15 Million Dollars in RestitutionRead 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 Rassan M. Tarabein, 58, a former neurologist residing in Fairhope, Alabama, to 60 months imprisonment in a health care fraud case. The judge ordered that Tarabein pay restitution totaling $15,010,682 to six different health care benefit programs, including Medicare and the Alabama Medicaid Agency. The judge also ordered Tarabein to undergo one year of supervised release after finishing his term of imprisonment, and pay a $200 mandatory special assessment.
Tarabein previously operated the Eastern Shore Neurology and Pain Center, a private clinic in Daphne, Alabama where he offered services relating to neurology and pain management, such as spinal injections. He had advertised himself as a “World Leading Physician” on his clinic’s website.
On June 28, 2017, a federal grand jury for the Southern District of Alabama returned a 22–count superseding indictment against Tarabein, charging him with health care fraud, making false statements relating to health care matters, lying to a federal agent, unlawfully distributing schedule II controlled substances, and money laundering. He was arrested two days later at Mobile Regional Airport en route to the Middle East and taken to federal district court in Mobile, Alabama for an initial appearance.
On August 31, 2017, Tarabein pleaded guilty before Chief Judge DuBose to one count of health care fraud and one count of unlawful distribution of a schedule II controlled substance. As part of his guilty plea, Tarabein admitted that from around 2004 to May 2017, he ran an insurance scam in which he induced patients to visit his clinic so that he could bill health care benefit programs for medically unnecessary tests and procedures. The purpose of Tarabein’s admitted scheme was to maximize personal financial gain by fraudulently seeking payments from health care benefit programs such as Medicare, Medicaid, Blue Cross Blue Shield of Alabama, Humana, UnitedHealthcare, Cigna HealthSpring, and other private insurers. In pleading guilty, Tarabein acknowledged that he violated the traditional standards of medical care in numerous ways. For example, Tarabein admitted to:
- Administering unnecessary injections and attempting to inject patients in places where they were not experiencing pain.
- Telling patients that they had to receive spinal procedures and diagnostic testing in order to receive prescriptions for controlled substances.
- Using improper medical techniques and equipment in performing procedures.
- Failing to provide informed consent to patients about procedures.
- Superimposing his patients’ electronic signatures onto forms that indicated that his patients were waiving their right to monitoring “against medical advice.”
- Failing to monitor his patients’ vital signs during and after procedures, putting them at risk for complications.
- Spending little time with patients to maximize billings.
- Discriminating against Alabama Medicaid patients in services rendered, including by singling out certain Alabama Medicaid patients to receive spinal injections in regular exam rooms – as opposed to the fluoroscope procedure room – without imaging guidance if he was behind schedule.
- Fraudulently documenting patient records, including by falsifying records to describe procedures that were at times anatomically impossible to execute and by falsely recording the use of imaging guidance.
- Submitting false claims to insurance companies and inflating billing codes.
- Failing to properly train his clinic’s employees about best medical practices, such as sterility and accurate record keeping.
- Issuing prescriptions for controlled substances without a legitimate medical purpose and outside the usual course of professional practice, including by relying on pre-signing blank prescriptions when outside the United States to prescribe opioids.
- Disregarding audits and regulatory actions.
During Tarabein’s health care fraud scheme, the Alabama Board of Medical Examiners and several health care benefit programs had repeatedly placed Tarabein on notice, both verbally and in writing, for shortcomings in his medical practice, such as performing unnecessary procedures and prescribing controlled substances for no legitimate medical purpose. Despite receiving multiple warnings and reprimands, Tarabein persisted in his offense conduct for years and made millions of dollars in the process.
As a result of his felony convictions, Tarabein is prohibited from practicing medicine and prescribing controlled substances in the United States. Moreover, he has agreed to forfeit numerous properties in connection with his health care fraud scheme. These assets include:
- $3,717,249.73 seized by law enforcement officials who executed warrants on eight financial accounts in June 2017.
- $287,983.25 in cash seized by officials while executing a search warrant at Tarabein’s home in October 2016.
- Eight real estate properties. Six of these properties were previously sold to generate funds for restitution to financial victims, netting around $1,639,652.36.
Upon completion of the forfeiture process, the United States will request that the Department of Justice’s Money Laundering and Asset Recovery Section direct that all forfeited and liquidated assets be restored to the crime victims to provide them as much restitution as possible.
Several of Tarabein’s former patients spoke at today’s sentencing hearing. They described to Chief Judge DuBose the lingering physical and emotional impact of the treatment they received from Tarabein at his clinic. One patient told the judge, “Dr. Tarabein can forget me, but his name is etched in my mind the rest of my life.” Referring to Tarabein, this patient also noted, “No matter how much time in prison he gets, I am imprisoned in this body.” Another former patient who received spinal injections from Tarabein said in court, “He ruined my life for the rest of my life.” The patient went on to remark, “I feel sorry he let his greed take people’s lives.” A third patient victim portrayed Tarabein as a disgrace upon the medical profession.
Dr. Tarabein also briefly addressed the court at sentencing. He told the judge, “My American dream came to a complete end, as did my career as a doctor.”
Tarabein has a related state case pending in Montgomery County, Alabama. On June 16, 2017, a state grand jury returned a 2–count indictment against Tarabein, charging him with Medicaid fraud and theft of property in the first degree, each a felony offense. On September 19, 2017, Tarabein pleaded guilty in state court to Medicaid fraud. His expected sentencing date in that case is June 28, 2018.
United States Attorney Moore stated, “Medical professionals must be trustworthy. When they mistreat their patients and break the law, they must be held to account. In this case, the defendant stole millions of dollars from health care benefit programs and sacrificed the health of his patients for greed. I thank all the investigators for their hard work for helping to bring this defendant to justice and protecting the public safety. Health care fraud and opioid abuse continue to have a devastating impact on our communities, both locally and nationwide. Our office’s prosecution of Dr. Tarabein is an example of the Department of Justice’s unwavering commitment to combating health care fraud and our country’s opioid epidemic.”
“This doctor’s actions demonstrate an appalling abuse of his patients’ trust and callous exploitation of their medical conditions to cheat health care and insurance agencies out of millions of dollars,” said Alabama Attorney General Steve Marshall. “I am proud of the work by my Medicaid Fraud Control Unit in partnership with the U.S. Attorney’s Office for the Southern District of Alabama, the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA) and the U.S. Department of Health and Human Services Office of Inspector General (OIG), to bring Tarabein to justice and am pleased that he has been held to account with this prison sentence and order to pay restitution for his crimes.”
FBI Special Agent in Charge, James Jewell, stated, “The FBI is dedicated to identifying and assisting in the prosecution of doctors that clearly take advantage of the medical system. This case shows that the law enforcement community in the State of Alabama will work together to bring these corrupt caregivers to justice.”
“Rassan Tarabein took an oath to serve humanity as a medical professional and decided to violate that oath and his duty by choosing to unlawfully distribute prescription drugs and commit health care fraud for one sole purpose – greed. His disgraceful conduct is part of the massive opioid epidemic Alabama and the entire nation is facing today. Let this sentence be a message to all that DEA will continue to pursue, arrest, and prosecute drug traffickers of every type, including rouge medical professionals. We will continue to work with all of our law enforcement and community partners in an effort to combat this opioid epidemic and keep our communities safe,” stated DEA Assistant Special Agent in Charge Bret Hamilton.
“Schemes such as this deprive federal health care programs of the ability to deliver quality care and ultimately cheat patients out of vital taxpayer-funded programs,” said Derrick L. Jackson, Special Agent in Charge of the Office of Inspector General of the U.S. Department of Health and Human Services. “The OIG continues to emphasize the investigation of unscrupulous providers who put their own financial gain above that of the health of their patients.”
The FBI, DEA, OIG, and Alabama Medicaid Fraud Control Unit investigated the federal case. Assistant United States Attorney Sinan Kalayoglu prosecuted the federal case. Assistant Attorney General Bruce M. Lieberman is prosecuting the state case.
California Resident Receives 33 Months in ID Theft CaseRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that United States District Judge William H. Steele sentenced Eddie Garcia, 33, a resident of Kern County, California, to 33 months imprisonment in an identification theft case. The judge ordered that Garcia undergo three years of supervised release after finishing his term of imprisonment, receive substance abuse treatment, and pay a $200 mandatory special assessment. Garcia has an extensive criminal history, which includes offenses involving theft, burglary, and narcotics.
On March 31, 2016, K.Q. tried to buy items using a payment card. When the card was denied, K.Q. called The First, a Mississippi-based bank, to determine why the card was not working. The bank said that someone (later determined to be Garcia) had used a card issued to K.Q. at the Cougar Oil gas station in Foley, Alabama and had also bought something from Google. Both charges occurred on March 31, 2016 and were successful. Moreover, the bank told K.Q. that someone had tried (unsuccessfully) to use the card at Wendy’s in Foley and had also tried (unsuccessfully) to use the card at the Magnolia Springs Speedway gas station. K.Q. had never received the card in question in the mail and suspected it was taken from K.Q.’s mailbox and unlawfully activated. The First issued the payment card to K.Q. on March 23. Since the card contained a chip, whomever called to activate the card presumably knew K.Q.’s social security number.
Investigators determined that from around March 2016 through around April 2016, Garcia schemed to defraud K.Q. for his own personal gain. Garcia fraudulently obtained and opened mail not belonging to him, including a letter sent by Capitol One to K.Q. dated March 25, 2016. As part of his scheme, Garcia fraudulently possessed and used K.Q.’s payment card without K.Q.’s knowledge or authorization. For example, around April 1, 2016 Garcia used the card to engage in a financial transaction for around $50.80 at Walmart in Foley, Alabama. Video surveillance obtained from Walmart showed Garcia swiping the stolen card in an attempt to purchase a pre-paid telephone card. The charge was eventually declined.
On October 26, 2017, a federal grand jury for the Southern District of Alabama indicted Garcia on three counts of wire fraud, three counts of aggravated identity theft, and two counts of postal theft. On February 15, 2018, Garcia pleaded guilty before Judge Steele to one count of wire fraud and one count of aggravated identity theft.
The Federal Bureau of Investigation and the Baldwin County Sheriff’s Office investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.
Monroeville Man Sentenced on Charges of Illegal Weapons PossessionRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Justin Parker of Monroeville, Alabama was sentenced today after earlier pleading guilty to a violation of 18 USC Section 922(g), Possession of a Firearm by a Convicted Felon, in two separate cases.
White was sentenced to serve 71 months imprisonment followed by three years of supervised release in each case concurrently.
According to the facts Parker admitted in his guilty plea, this case arose when the Monroe County Sheriff’s Office arrested Parker for shooting a man on September 3, 2017. After learning that Parker had been convicted of unlawful distribution of narcotics in 2011 and was prohibited from possessing a firearm, the Federal Bureau of Investigation was asked to assist in investigating a federal case.
In the interim, Parker was released on bond on the state charges. On September 28, 2017, Officers of the Monroeville Police Department executed a narcotics search warrant on a residence and found Parker present at the home and in possession of another firearm.
Chief United States District Judge Kristi Dubose determined that because of the need to protect the community and the defendant’s disrespect for the law, a sentence at the high end of the federal sentencing guidelines, or 71 months imprisonment, was required.
This case was investigated by the Monroeville Police Department, the Monroe County Sheriff’s Department and the Federal Bureau of Investigation. This case was prosecuted by AUSA Maria E. Murphy.
Mobile County Man Sentenced to Nearly 14 Years in Prison for Hobbs Act Robbery and Possession of a FirearmRead the Press Release
The United States Attorney, Richard W. Moore, announces that William Coleman, a 31 year old, resident of Mobile, Alabama was sentenced to 164 months of incarceration and ordered to pay $582.00 in restitution followed by five years of supervised release for the armed robbery of a local retail business.
According to the facts Coleman admitted as part of his guilty plea, on August 8, 2017, Coleman entered the Advance America, located at 28841 Hwy 98, Unit-D, Daphne, Alabama 36526, which was a payday loan business engaged in interstate commerce, and was conducting business in an industry that affects interstate commerce. He was wearing a blue plaid shirt, blue pants and a blue ball cap. Coleman asked an employee for a title loan for his car. The employee told him they did not do those kinds of loans. Next, Coleman pulled out a pistol and demanded the money from the counter drawer. The employee complied and gave Coleman the approximately $480.00 in the drawer. Coleman then asked the employee where the safe was located. The employee took Coleman to the safe that was located in the rear area of the store, opened the safe and gave Coleman the approximately $100.00 from the safe. Coleman then ordered the employee into the bathroom and told her to close the door, which she did. Coleman fled the scene. After approximately five minutes, the employee left the bathroom and called the police. Coleman pled guilty on February 22, 2018.
Officers of the Daphne, Alabama Police Department along with the Federal Bureau of Investigation investigated the case and presented it to the United States Attorney’s Office for prosecution. The prosecutors assigned to the case was Assistant United States Attorney, Gina S. Vann.
Marengo County Man Receives 42 Month Sentence for Possession of Ammunition After Felony ConvictionRead the Press Release
The United States Attorney, Richard W. Moore, announces that Gerald Johnson, a 25 year old, resident of Demopolis, Alabama was sentenced to 42 months of incarceration followed by three years of supervised release for possession of ammunition after being convicted of Possession of a Controlled Substance, a felony, on July 16, 2012.
On October 25, 2017, a Demopolis Police officer attempted to conduct a traffic stop on the vehicle Johnson was driving for a traffic infraction. Johnson refused to stop and instead attempted to flee and avoid the stop. Johnson drove recklessly through the city for a few minutes then stopped the vehicle jumped out and fled into a nearby house. The officer followed Johnson into the house and apprehended him. Johnson was searched incident to arrest and ammunition was seized from his pocket. Johnson pled guilty on January 25, 2018.
The Demopolis, Alabama Police Department investigated the case and presented it to the United States Attorney’s Office for prosecution. The prosecutors assigned to the case were Assistant United States Attorneys Gina S. Vann and Lawrence Bullard.