Northern District of Georgia
Press releases recorded for this federal judicial district.
Former Georgia medical examiner pleads guilty to opioid conspiracyRead the Press Release
ATLANTA – Dr. Joseph L. Burton, a former county medical examiner and forensic pathologist, pleaded guilty in federal court to conspiring to illegally distribute opioid painkillers in exchange for sexual favors. Dr. Burton was indicted federally along with seven other individuals in February 2018; five of those individuals have also pleaded guilty to similar charges. This case was presented as a part of Operation SCOPE, (Strategically Combatting Opioids through Prosecution and Enforcement), an initiative that targets individuals who illegally prescribe opioids and drug traffickers who also distribute these dangerous and addictive drugs.
“This defendant traded prescriptions for sex and is responsible for distributing thousands of doses of dangerous opioids within our community,” said U.S. Attorney Byung J. “BJay” Pak. “We are grateful for the dedicated work of our local and federal law enforcement partners who are equally committed to the arrest and prosecution of those who seek to profit from unlawfully distributing these drugs.”
“This guilty plea is a shining example of the great working relationship that DEA has with its law enforcement partners and the U.S. Attorney’s Office,” said Robert J. Murphy, Special Agent in Charge of the Atlanta Field Division of the DEA. “In the wake of this country’s prescription opioid epidemic, DEA’s top priority is to investigate individuals like Dr. Burton who egregiously violate the law by illegally prescribing prescription opioids (66,000 oxycodone pills) in exchange for sexual favors. He prescribed these pills even though he was not regularly seeing patients or operating a medical facility. The community is now safer because of his prosecution.”
According to U.S. Attorney Pak, the indictment, and other information presented in court: Dr. Burton, a licensed physician, operated as a consulting pathologist to determine the medical causes of diseases and death. Federal agents began investigating Dr. Burton after agents with the Georgia Drug & Narcotics Agency and the Georgia Composite Medical Board visited him in early 2017 and discovered that he was prescribing painkillers to a large number of patients without operating a medical clinic or regularly seeing patients. Beginning in July 2015, for an approximate two-year period, Dr. Burton issued over 1,100 opioid prescriptions, which amounted to over 108,000 individual doses, including over 66,000 30mg oxycodone pills. Dr. Burton prescribed opioids such as oxycodone, hydrocodone, and methadone, irrespective of any legitimate medical purpose and outside the normal course of professional practice, in exchange for sexual favors and romantic affection.
Dr. Burton prescribed opioids to individuals without conducting a thorough examination, and on occasion, without meeting them at all. Co-defendants Jennifer Hunter, Rhonda Haugland, and Tiffany Willis each engaged in a sexual relationship with Dr. Burton in exchange for prescriptions in their names, as well as the names of others. Hunter, Haugland, and Willis would fill their prescriptions and sell the pills, and then obtain more prescriptions from Burton for other people, who paid them for getting the prescriptions. Dr. Burton also supplied the co-defendants with blank prescriptions and instructed them on how to fill them out.
Joseph Lawson Burton, 73, of Milton, Georgia, pleaded guilty to the offense of conspiracy to unlawfully distribute and dispense controlled substances outside of the normal course of professional practice and without a legitimate medical purpose on May 22, 2018. Burton’s sentencing is scheduled for August 29, 2018.
These following co-defendants have also pleaded guilty:
●Jennifer Hunter, 29, of Acworth, Georgia, pleaded guilty to conspiracy to unlawfully distribute and dispense controlled substances on May 2, 2018. Hunter’s sentencing is scheduled for August 7, 2018.
●Tiffany Willis, 26, of Cartersville, Georgia, pleaded guilty to conspiracy to unlawfully distribute and dispense controlled substances on May 2, 2018. Willis’s sentencing is scheduled for August 7, 2018.
●Michelle Danner, 45, of Acworth, Georgia, pleaded guilty to conspiracy to unlawfully distribute and dispense controlled substances on May 15, 2018. Danner’s sentencing is scheduled for August 9, 2018.
●Jerry Stephens, Jr., 30, of Cartersville, Georgia, pleaded guilty to one count of conspiracy to unlawfully distribute and dispense controlled substances and one count of distribution and dispensation of a controlled substance on May 8, 2018. Stephens’s sentencing is scheduled for August 9, 2018.
●Rodney Kennedy, 63, of Cartersville, Georgia pleaded guilty to conspiracy to unlawfully distribute and dispense controlled substances on May 10, 2018. Kennedy’s sentencing is scheduled for August 9, 2018.
This case is being investigated by the DEA. The case is a coordinated effort with the Acworth Police Department, Barrow County Sheriff’s Office, Bartow County District Attorney’s Office, Bartow County Sheriff’s Office, Cartersville Police Department, Cherokee County Sheriff’s Office, Cherokee County District Attorney’s Office, Clayton County Police Department, Cobb County Sheriff’s Office, Cobb County District Attorney’s Office, Cobb County Police Department, Fayette County Sheriff’s Office, Floyd County District Attorney’s Office, Floyd County Sheriff’s Office, Georgia Department of Community Supervision, Georgia Composite Medical Board, Georgia Drugs and Narcotics Agency, Gwinnett County Sheriff’s Office, Hall County Sheriff’s Office, Jonesboro Police Department, Oakwood Police Department, Paulding County Sheriff’s Office, and the Rome Police Department.
Assistant U.S. Attorney John T. DeGenova and C. Brock Brockington, Deputy Chief of Narcotics and Dangerous Drugs Section are prosecuting the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
English Avenue drug dealer sentenced for selling heroin to minors and young adults and distributing fentanylRead the Press Release
ATLANTA - Derrick Douglas, a/k/a “Dre”, has been sentenced for conspiring to sell heroin to minors and young adults who traveled from North Georgia to the English Avenue community to purchase drugs. Douglas also sold fentanyl, a particularly deadly narcotic, to an undercover officer.
“Douglas sold heroin to high school students and young adults who traveled from North Georgia to English Avenue specifically to purchase drugs,” said U.S. Attorney Byung J. “BJay” Pak. “We are committed to working with our federal, state and local law enforcement partners to aggressively target and dismantle drug trafficking operations and to combating the devastation drug activity brings to our communities.”
“Today’s sentence demonstrates ATF’s continued dedication to identify and arrest the individuals who commit crimes that threaten the quality of life in our neighborhoods,” said ATF Special Agent in Charge Arthur Peralta. “ATF and our law enforcement partners will continue to reduce violent crime by arresting criminals, such as Douglas, who have no regard for the future of our children or for the safety of the communities in which they live.”
“This conviction demonstrates the great work of law enforcement at all levels in the fight against Georgia’s opioid epidemic,” said Georgia Bureau of Investigation Director Vernon Keenan. “The GBI is committed to working with our local and federal partners in drug enforcement no matter where the crimes occur.”
“The Union County Sheriff’s Office was fortunate to be able to have played a small part of this successful operation.” said Sheriff Mason. “It saddens me to see the negative affects this drug has on the young people today. I appreciate the working relations shared between the U.S. Attorney’s Office and numerous other agencies in order to achieve a successful outcome.”
According to U.S. Attorney Pak, the charges and other information presented in court: As part of an ongoing heroin trafficking investigation in North Georgia, the Union County Sheriff’s Office learned that high school students and young adults from Union County, Georgia, were traveling from four to six hours a week to the English Avenue neighborhood of Atlanta to purchase heroin from an individual known as “Dre” – later identified as Derrick Douglas. Investigators confirmed that Douglas was selling between one half to a gram of heroin to each of his young customers at a cost of $100-$150 dollars. Investigators determined that most of Douglas’s identified customers were younger than 21 years old, and at least one of them was a minor.
Douglas knew that many of these young people returned to Union County to distribute the heroin. Douglas was arrested on June 23, 2017. In or around September 2016 through June 23, 2017, he distributed more than 80 grams of heroin to these young people. On January 25, 2017, he also sold fentanyl to an undercover officer employed by the Georgia Bureau of Investigation.
Derrick Douglas, a/k/a “Dre”, age 31, of Atlanta, Georgia, has been sentenced to five years in prison to be followed by six years of supervised release. Douglas pleaded guilty on November 29, 2017, to conspiracy to sell heroin to individuals under 21 years old.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Atlanta Police Department, Georgia Bureau of Investigation, and Union County, Georgia, Sheriff’s Office.
Assistant U.S. Attorney Laurel R. Boatright prosecuted the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Oregon man sentenced for failing to register as a sex offender after moving to GeorgiaRead the Press Release
ATLANTA - Timothy Chenault has been sentenced for failing to register as a sex offender after he moved to Georgia from Oregon. Chenault was convicted in Oregon of attempt to commit rape and sexual abuse.
“Citizens have a right to know if they live or work near a registered sex offender,” said U.S. Attorney Byung J. “BJay” Pak. “This is a matter of public safety. Chenault's sentencing shows that those sex offenders who come to Georgia, but choose not to register will be held accountable for their failure to comply with the law.”
According to U.S. Attorney Pak, the charges and other information presented in court: The Sex Offender Registration and Notification Act requires people who commit certain sex crimes to register as sex offenders regardless of what state they live in or what state they move to. In June 1992, Chenault lured a 14-year-old girl to a field in Oregon where he raped her and threatened to harm her if she told anyone. He was convicted in November 1992 of attempt to commit rape and sexual abuse. His conviction required him to register as a sex offender. He did in fact register in Oregon when he was released from prison, and he continued to register through December 2013.
However, by February 13, 2015, Chenault moved to Georgia and he never informed law enforcement in Oregon that he was leaving that state, nor did he register as a sex offender while living in Georgia.
Timothy Chenault, 48, of Atlanta, Georgia was sentenced on May 21, 2018 to two years in prison to be followed by five years of supervised release. Chenault was convicted failing to register as a sex offender on February 21, 2018, after he pleaded guilty.
This case was investigated by the U.S. Marshals Service.
Assistant U.S. Attorney Paul R. Jones prosecuted the case.
This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Defendant sentenced for attempted child enticement and possession of child pornographyRead the Press Release
ATLANTA – Jeffrey E. Roberts was sentenced to 10 years in federal prison for attempted enticement of a minor and possession of child pornography.
“Through their constant vigilance, our federal and state law enforcement partners have stopped yet another individual who attempted to prey on a minor through the internet,” said U.S. Attorney Byung J. “BJay” Pak. “Those who target children should know they will be exposed and prosecuted.”
“It is fortunate that Roberts’s predatory efforts connected him to an undercover agent and not an innocent child,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “The lengthy prison sentence he received reflects the seriousness of his crimes and the threat he posed to the community.”
“This conviction illustrates the great work of law enforcement to investigate and prosecute crimes against children,” said Director Vernon Keenan of the Georgia Bureau of Investigation. “The GBI is committed to working with our local, state, and federal partners in pursuing those who use the internet to prey upon and exploit child victims.”
According to U.S. Attorney Pak, the charges and other information presented in court: On May 4, 2017, Roberts was arrested after he corresponded with an undercover agent regarding a planned sexual encounter with an adolescent female. The investigation began on April 20, 2017 when Roberts responded to an ad posted on Craigslist.
In subsequent communications, Roberts claimed he had experience with sexual encounters with children and made plans to meet the fictitious adolescent. On May 4, 2017, Roberts travelled to meet the minor child for the planned sexual encounter. A laptop computer, which Roberts brought with him to the encounter, was seized at the time of his arrest and later found to contain child pornography.
Jeffrey E. Roberts, 48, of Woodstock, Georgia was sentenced to 10 years in prison to be followed by 10 years of supervised release on May 16, 2018, by U.S. District Judge Mark H. Cohen. Roberts was convicted on these charges on February 14, 2018, after he entered a guilty plea.
This case was investigated by the Federal Bureau of Investigation and Georgia Bureau of Investigation.
Assistant U.S. Attorney Jessica Morris prosecuted the case.
To report information regarding child sexual exploitation, including child pornography or online enticement of children for sex acts, please contact the CybertipLine at www.cybertipline.com or by calling 1-800-843-5678.
This case was brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Atlanta man sentenced for shooting U.S. Marshals Service task force officerRead the Press Release
ATLANTA – Titus Bates has been sentenced to 30 years in prison for assaulting a federal officer, discharging a firearm during a crime of violence, possession with intent to distribute marijuana, and being a felon in possession of a firearm after he shot a member of the U.S. Marshals Services’ Southeast Regional Fugitive Task Force (“SERFTF”) who was attempting to execute search and arrest warrants at his residence.
“Titus Bates has no regard for the law or life. He is a seven-time convicted felon who nearly killed officers attempting to arrest him and search his residence,” said U.S. Attorney Byung J. “BJay” Pak. “We are thankful that the Marshals Service Task Force Officer survived the shooting and we are reminded of the dangers our law enforcement partners encounter every day.”
“We appreciate the efforts of the U.S. Attorney’s Office and the ATF in obtaining this conviction for Bates, who is a career offender with gang affiliations. This event reemphasizes the danger all law enforcement personnel face every day in an effort to keep communities safe from violent criminals. Violence against those who swear an oath to protect the public will not be tolerated” said Chief Inspector Keith Booker with the U.S. Marshals.
“Titus Bates is a very violent individual who displays a total lack of concern for the lives of others. This sentence represents the seriousness of his crime,” said Special Agent in Charge Arthur Peralta. “This sentence also ensures that Bates will not be able to hurt or terrorize anyone else for a very long time.”
According to U.S. Attorney Pak, the charges, and evidence presented at trial: On November 21, 2013, members of the U.S. Marshals Services’ SERFTF attempted to execute arrest and search warrants issued by Fulton County for Bates’s residence in Atlanta. An entry team knocked and announced their presence, but Bates did not answer. As Marshals attempted to make entry into the residence, Bates shot twice through the closed door. One of the shots hit a neighbor’s house, and the other shot struck a U.S. Marshal Task Force Officer in the leg. The law enforcement team at the residence did not return fire. Instead they focused on removing the task force officer from the scene and rushing him to the hospital. They also continued with their mission to apprehend Bates.
Inside the house, Bates tossed a .45 caliber pistol with an extended clip, which he used to shoot the task force officer, down a vent in the living room. ATF agents searched Bates’s home, and found over seven pounds of marijuana, scales, cash, and other drug-related items.
Titus Bates, 43, of Atlanta, Georgia was sentenced to 30 years in prison to be followed by 3 years of supervised release on May 17, 2018. A jury convicted Bates of assaulting a federal officer with a deadly weapon and discharging a firearm during a crime of violence on December 14, 2017. Prior to trial, Bates pleaded guilty to being a felon in possession of a firearm and possession with intent to distribute marijuana on November 9, 2017.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Assistant U.S. Attorneys Phyllis Clerk and Ryan K. Buchanan prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Federal firearms dealer and her employee sentenced for selling guns to felonsRead the Press Release
ATLANTA - Dawn Anderson, a/k/a “Prestige,” a federally licensed firearms dealer in Atlanta, doing business as Distincvision, LLC, a/k/a “Liquidation Outlet Center,” was sentenced today for making false entries in the records required to be kept by federal firearms dealers. Shawn Lewis, an employee at LOC and co-defendant, was previously sentenced for his role in the offense.
“This firearms dealer and her company made it possible for criminals to obtain dangerous weapons by allowing felons to buy firearms through straw purchasers,” said U.S. Attorney Byung J. “BJay” Pak. “Federal firearms dealers who violate the law and endanger our communities by enabling straw purchasers to unlawfully obtain guns for criminals will be prosecuted, lose their federal firearms licenses, and businesses.”
“Many gun dealers are law abiding business owners and members of our community. They work hard to build success, promote commerce and support our rights. However, when a gun dealer chooses to ignore our laws and regulations and decides to provide guns to prohibited individuals it places our entire community in harm’s way,” said Special Agent in Charge Arthur Peralta. “This sentence should serve as notice to those individuals who choose to circumvent federal and local laws for personal gain.”
According to U.S. Attorney Pak, the charges and other information presented in court: Dawn Anderson, a/k/a “Prestige,” obtained a federal firearms dealer license on August 14, 2013, under the name Distincvision, LLC, d/b/a Liquidation Outlet Center (“LOC”). LOC was located in the Greenbriar Discount Mall in Atlanta. As the holder of a federal firearms license, Anderson was required to maintain a record, in the form of a completed ATF Form 4473, that included the actual buyer’s name, home address and date of birth. The instructions on the Form 4473 warn that “any person who transfers a firearm to any person he/she knows or has reasonable cause to believe is prohibited from receiving or possessing a firearm violates the law, even if the transferor/seller has complied with the federal background check requirements.” The instructions also warned that the “seller of a firearm must determine the lawfulness of the transaction and maintain proper records of the transactions.”
ATF agents began investigating LOC after receiving information that felons were able to obtain firearms from LOC after informing Anderson or store employees, including co-defendant Shawn Lewis, that they were convicted felons. LOC employees circumvented the federal requirements for gun sales by illegally allowing straw purchasers to buy the firearms.
During the course of the investigation, ATF agents learned that on June 30, 2016, a convicted felon purchased a .40 caliber firearm from LOC after the felon told store clerks about his criminal history. The LOC clerks allowed the felon’s female companion to purchase the firearm as a straw purchaser. On August 4, 2016, a convicted felon failed a background check, but a LOC store clerk allowed him to purchase a 9mm pistol using his female companion as the straw purchaser. On December 2, 2016, Dawn Anderson sold a 9mm pistol to a convicted felon. After the felon failed a background check, Anderson allowed the felon’s female companion to purchase the firearm for him.
On May 15, 2017, ATF agents executed a search warrant at LOC. The agents seized 280 firearms and more than 69,000 rounds of ammunition during the search. Anderson forfeited all of the seized firearms and ammunition and LOC was forced to close.
From November 25, 2014 through February 11, 2018, investigators recovered more than 180 firearms purchased from LOC from crime scenes in multiple states, including Georgia, New York, New Jersey, Massachusetts, Washington, DC, Alabama, Arizona, Florida, California, Tennessee, Ohio, Illinois, North Carolina and South Carolina.
Dawn Anderson, a/k/a “Prestige,” 51, of Atlanta, Georgia has been sentenced to one year of probation and 40 hours of community service. Anderson pleaded guilty knowingly making false entries in the records required to be kept by a federal firearms dealer on February 14, 2018.
Shawn Lewis, 46, of Atlanta, Georgia was previously sentenced to six months of probation and 40 hours of community service on April 19, 2018. Lewis pleaded guilty to knowingly making false entries in the records required to be kept by a federal firearms dealer on January 29, 2018.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant U.S. Attorneys Katherine M. Hoffer and Jolee Porter prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former Roswell city councilman sentenced for producing child pornographyRead the Press Release
ATLANTA – Kent Igleheart, a former Roswell, Georgia city councilman, has been sentenced to 20 years in federal prison for multiple counts of producing, receiving, and possessing child pornography.
“Igleheart violated the public’s trust with his heinous conduct and possibly caused long-lasting harm to his victims” said U.S. Attorney Byung J. “BJay” Pak. “U.S. Judge District Judge Amy Totenberg described the defendant’s conduct as ‘taking a knife’ and ‘producing a deep wound in the lives of the four minors.’ Igleheart’s lengthy prison sentence reflects the seriousness of his exploitation of young girls for his sexual interest.”
“The pain and harm caused to the children, victimized by this so-called community leader, are irreparable. There is no sentence that can lessen their anguish,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “Rest assured, the FBI led Metro Atlanta Child Exploitation Task Force (MATCH) will continue to devote significant resources to pursuing anyone who chooses to prey on our community’s children.”
According to U.S. Attorney Pak, the charges, and evidence presented at court: In October 2016, E.B. then 17 years old, contacted the DeKalb County Internet Crimes Against Children Unit to report that she had been communicating online since she was 13 years old with someone who had portrayed himself to be 17 years old. E.B. reported that she had exchanged sexually graphic photographs and had sexually explicit conversations with the individual. E.B. later discovered that the person with whom she was communicating was Igleheart – not the teenage boy depicted in Igleheart’s profile photograph.
Igleheart acknowledged that he and E.B. had exchanged sexually graphic photographs beginning when she was 13 years old. He also booked a hotel and made plans to meet with E.B. on October 20, 2016, to engage in sexual activity with her. Investigators arrested him when he arrived at Northlake Mall, the pre-arranged location. DeKalb County investigators and the FBI conducted searches of Igleheart’s phones and computers and found some of the images that E.B. had produced and sent to the defendant at his request.
Searches of Igleheart’s phones and computers also revealed that he posed online as “Kent Allen,” presented himself as a teenage boy between the ages of 14 and 17 years, and engaged in sexually graphic communications with numerous teenage girls, some of whom were as young as 13 years old. During these conversations, Igleheart persuaded and enticed the girls to take photographs of their genitalia and videos of themselves engaging in sexual conduct and transmit the images to him via the Internet.
Kent Igleheart, 55, of Roswell, Georgia has been sentenced to 20 years in prison to be followed by 10 years of supervised release by U.S. Judge District Judge Amy Totenberg. He must also register as a sex offender as a condition of his supervised release. Igleheart was convicted of four counts of producing child pornography, one count of receiving child pornography, and one count of possessing child pornography on January 5, 2018, after he entered a guilty plea.
This case was investigated by the Federal Bureau of Investigation, with assistance from the DeKalb County Police Department.
Assistant U.S. Attorneys Yonette Buchanan and Richard S. Moultrie, Jr., prosecuted the case.
This case was brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Former Cartersville police officer sentenced for obstructing an FBI wiretap investigationRead the Press Release
ROME, Ga. - Bryson-Taylor Wayne Banks, a former Cartersville, Georgia police officer, was sentenced to federal prison for notifying drug traffickers that the FBI was conducting a court-authorized wiretap of their phones.
“The defendant chose to protect a network of drug dealers and attempted to cover up his illegal conduct by sabotaging an FBI investigation,” said U.S. Attorney Byung J. “BJay” Pak. “When those who are sworn to protect the public violate their oath, they will be prosecuted for their misconduct.”
“Not only did Banks violate the trust of the community he served as a law enforcement officer, he undermined an FBI investigation and put law enforcement officers in imminent danger,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “By choosing to align himself with drug dealers he has earned a sentence that will allow him to spend more time with them in prison.”
According to U.S. Attorney Pak, the charges and other information presented in court: In 2015, Banks, then an officer with the Cartersville Police Department and member of the Bartow-Cartersville Drug Task Force, was investigating a number of drug traffickers operating in the Cartersville area, including Tomas Pineda Mendoza, using a female confidential source (“CS”) to obtain information about the network. In cultivating his relationship with the CS, Banks improperly gave her information from law enforcement databases and illegally sent her a picture of another cooperating source.
Separately, the FBI was investigating an inmate in a Georgia state prison, Francisco Palacios Baras, a/k/a “Shorty,” who was using contraband cell phones to coordinate methamphetamine transactions outside of the prison. Using a court-authorized wiretap on two of Shorty’s cell phones, the FBI learned that Mendoza was one of Shorty’s associates, and that Mendoza was scheduled to pick up two kilograms of methamphetamine. The FBI also learned that the CS had been storing drugs for Mendoza. The FBI planned to arrest Mendoza after he picked up the drugs, and to search the CS’s house.
The morning of the planned arrest, in the interest of sharing information and coordinating operations with fellow law enforcement agencies, an FBI agent informed Banks of the wiretap investigation and the plan to arrest Mendoza and search the CS’s house. At that time, the FBI did not know that Banks had been illegally providing the CS with confidential information that allowed the drug traffickers to identify federal agents and other cooperating sources. Banks, knowing that Mendoza was about to be arrested and that the CS’s house may contain drugs and evidence of the information Banks had illegally been providing to her, contacted his CS and instructed her to tell Mendoza to not pick up drugs that day because the FBI planned to arrest him. Banks also told the CS that the FBI knew about Mendoza because they were wiretapping Shorty’s phones.
Mendoza did not pick up the methamphetamine as planned, but was intercepted over the wiretap calling Shorty and telling him that “one of the girls” had warned Mendoza not to pick up the drugs. Mendoza said that he had identified the agents watching his apartment, as “the girl” had warned, and that law enforcement was listening to Shorty’s phones. Following this, Shorty stopped using the phones being wiretapped by the FBI.
With the arrest plan compromised, the surveillance team identified, and the wiretap exposed, the FBI agents had to take precautions for agents’ personal safety and try to rebuild the investigation. Fortunately, the renewed investigation was ultimately successful, resulting in Shorty and Mendoza being arrested and sentenced to nine years and seven months and 10 years and 10 months of imprisonment, respectively, for conspiracy to distribute methamphetamine.
Bryson-Taylor Wayne Banks, 31, of Calhoun, Georgia was sentenced by U.S. District Judge Harold L. Murphy to one year, six months in prison, to be followed by three years of supervised release. Banks pleaded guilty to unlawful notification of electronic surveillance on March 1, 2018.
This case was investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorneys Michael Herskowitz and Garrett Bradford prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Medical assistant resolves false claims act allegationsRead the Press Release
ATLANTA – Robert Gennaro, a medical assistant, has agreed to be excluded from federal healthcare programs for a period of 10 years to resolve allegations that he impersonated a physician when providing remote surgical monitoring services, causing the submission of false claims to the federal government. The effect of the exclusion is federal healthcare programs will not make any payments to Gennaro, or anyone who employs him, for any services provided by Gennaro.
“Gennaro put patients at risk by impersonating a physician when remotely monitoring the neurological health of patients during surgery,” said U.S. Attorney Byung J. “BJay” Pak. “Gennaro will now be excluded from participating in all federal healthcare programs for 10 years.”
“The health and safety of the public is a high priority for law enforcement,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health & Human Services, Office of Inspector General in Atlanta. “Anyone who puts monetary gains above health and safety will be held accountable.”
“Not only did Gennaro put patients at risk, but his actions threatened the integrity of our healthcare system at the expense of honest citizens,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “The FBI is determined to protect our citizens, and root out waste and abuse.”
The government alleges that Gennaro caused the submission of false claims to Medicare, TRICARE, and Federal Employee Health Benefit Plans for the online, real- time intraoperative monitoring of surgeries he observed (even though he is not a physician) and he falsely represented the surgeries had been monitored by Dr. Robert Windsor during the period from March 1, 2009 through July 31, 2013. Dr. Windsor was sentenced to three years, two months in federal prison followed by three years of supervised release in connection with his role in the scheme. Windsor also entered into a consent judgment with the U.S. for $20 million, settling the intraoperative monitoring conduct and allegations that he and his pain management clinics performed medically unnecessary diagnostic tests.
The settlement resolves a lawsuit filed in the U.S. District Court for the Northern District of Georgia by Kris Frankenberg under the qui tam, or whistleblower, provisions of the False Claims Act. United States ex rel. Frankenberg v. Windsor et al., No. 1:12-cv-3114 (N.D. Ga.). Under the Act, private citizens can bring suit on behalf of the government for false claims and share in any recovery.
This settlement highlights a powerful tool to protect federal healthcare programs and beneficiaries and to hold accountable those who commit healthcare fraud—the exclusion authority of the U.S. Department of Health & Human Services Office of Inspector General (HHS-OIG). Section 1128 of the Social Security Act gives HHS-OIG the authority to exclude individuals and entities from participation in federal healthcare programs for fraud or other misconduct.
The claims resolved are allegations only, and there has been no determination of liability.
This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Department of Health & Human Services Office of Inspector General, the Federal Bureau of Investigation, and the Defense Criminal Investigative Service.
The civil settlement was reached by Assistant U.S. Attorney Lena Amanti.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Cleveland man sentenced to federal prison for defrauding investors of more than $1 millionRead the Press Release
GAINESVILLE, Ga. - Elmer Swain Stewart was sentenced to federal prison on charges that he defrauded 18 individuals of more than $1 million after he persuaded them to invest their retirement savings in tracts of timber land.
“Stewart’s victims trusted him with much of their retirement savings and gave him thousands of dollars to invest,” said U.S. Attorney Byung J. “BJay” Pak. “In return, this greedy defendant stole from his investors and used their money to fund his lavish lifestyle.”
“Instead of living comfortably off their well-earned retirement investments, Stewart’s greed has caused these victims to worry about their future well-being,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “The sentencing of Stewart will not make these victims whole again, but hopefully it sends a message that the FBI will continue to make it a priority to root out and punish anyone who preys on investors for their own selfish desires.”
According to U.S. Attorney Pak, the charges and other information presented in court: Stewart represented to potential investors that he was aware of tracts of land in Georgia and other states that had large timber stands that were available to harvest at auction to the highest bidder. Stewart told investors that he would give them the opportunity to invest with him in bidding on these timber tracts. Stewart told the investors they would need to give him earnest money or a down payment for the bid. If they won the bid, Stewart would then re-sell the timber rights for a profit or arrange to harvest the timber on the land for a profit. Stewart claimed that if he did not win the bid, the investors’ money would be returned. None of the investors received written confirmation or documentation that the bids were submitted or that the bids were accepted.
Stewart’s representations that he would use his investors’ money as earnest money or down payments on timber bids were fraudulent. Instead, Stewart used the investors’ money to pay for a lavish lifestyle for himself that he could not otherwise afford. Stewart lived on a horse farm valued at $1.5 million that he falsely claimed he owned. The investors’ money was used to pay rent on the property and for basic living expenses. He also used the money for trips to Alaska, Hawaii, and other places.
When investors demanded Stewart return their money, the defendant falsely told the investors that he had rolled the money over into another timber bid or that their money had not been returned to him. Based on Stewart’s false representations, investors gave Stewart anywhere from $5,000 to $50,000 per timber bid, totaling more than $1 million.
Elmer Swain Stewart, 67, of Cleveland, Georgia, was sentenced by U.S. District Court Judge Richard W. Story to two years in prison, to be followed by three years of supervised release, and ordered to pay restitution in the amount of $218,000. Stewart pleaded guilty to one count of wire fraud on December 8, 2017.
“Swain Stewart swindled over $1 million from my husband and me and at least seventeen other victims,” said one of the victims. “Stewart used our money and the other investors’ money to take Hawaiian vacations, fishing trips to Alaska, and hunting trips out West. In doing so, he devastated our retirement and the retirements of many other people. Stewart’s actions demonstrate nothing but greed. I don’t know how he sleeps at night. What a legacy to leave for your family!”
This case was investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorneys William L. McKinnon, Jr. and John Ghose prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Atlanta investment advisor sentenced for stealing nearly $3 million from clientsRead the Press Release
ATLANTA - Paul James Marshall has been sentenced to federal prison after stealing nearly $3 million from more than a dozen, mostly elderly, investment clients.
“This defendant stole the life savings of retirees and seniors to fund his lavish lifestyle instead of investing his client’s money as promised,” said U.S. Attorney Byung J. “BJay” Pak. “Marshall’s fraud is unfortunately all too common and another reminder that citizens should use caution when investing their money.”
“Marshall’s sentencing will be little solace to the dozen victims who lost their life savings due to his greed and callous concern for their well-being,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “That’s why the FBI will continue to aggressively root out and prosecute anyone who undermines investor confidence by lining their own pockets at the expense of innocent victims.”
According to U.S. Attorney Pak, the charges and other information presented in court: In February 2011, Marshall formed an investment advisory firm, Bridge Securities LLC, in Atlanta. Marshall falsely promised clients that their funds would be invested in specific securities in JP Morgan accounts. Instead of placing his clients’ funds in their desired investments, Marshall deposited all funds into JP Morgan Chase checking accounts under his control. Marshall then plundered his clients’ savings to support his own lifestyle, including expenses for luxury trips, private school tuition, country club fees, and payments to his ex-wife. When clients sought information about their savings, Marshall either mailed fake account statements showing investment accounts, lied to them, or ignored their inquiries. In total, Marshall stole approximately $2.9 million from more than a dozen victims.
Paul James Marshall, 53, of Atlanta, Georgia, was sentenced by U.S District Judge Leigh Martin May to six years, nine months in prison to be followed by two years of supervised release, and ordered to pay restitution in the amount of $2,892,982.52. Marshall was convicted of wire fraud on November 16, 2017, after he pleaded guilty.
This case was investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney Nathan P. Kitchens prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former GBI inspector indicted for charging over $60,000 on her government credit cardRead the Press Release
ATLANTA - Sandra J. Stevens, f/k/a “Sandra J. Putnam,” has been charged with abusing her position as a high-ranking member of the Georgia Bureau of Investigation by ringing up more than 325 personal charges, totaling over $60,000, on her government credit card.
“Based on her position and years of service, the GBI and the law enforcement community placed great trust in Stevens,” said U.S. Attorney Byung J. “BJay” Pak. “Unfortunately, Stevens broke that trust for her own personal gain.”
“The GBI supports the strong stand the U.S. Attorney’s Office for the Northern District of Georgia has taken in this case,” said Georgia Bureau of Investigation Director Vernon Keenan. “This indictment sends a clear message that public corruption will not be tolerated no matter who commits the act. Sworn officers must obey the law while they enforce the law.”
According to U.S. Attorney Pak and the indictment: The Georgia Bureau of Investigation (“GBI”) is a statewide agency that provides assistance to the criminal justice system in the areas of criminal investigations, forensic laboratory services, and computerized criminal justice information.
In October 1994, Stevens joined the GBI as an Intelligence Technician. On June 3, 1999, after becoming a Special Agent, Stevens took an oath of office to support and defend the Constitutions of the U.S. and the State of Georgia; to maintain public trust and abide by the GBI’s Code of Ethics; and to obey the laws of the land and the regulations of the GBI.
As a Special Agent with the GBI, Stevens held several high-ranking leadership positions, including being the Special Agent in Charge of the Child Exploitation and Computer Crimes Unit, where she supervised approximately 25 GBI employees; and an Inspector of the Investigative Division, where she supervised approximately 55 GBI employees. As the Inspector of the Investigative Division, Stevens earned more than $100,000 per year.
As a state agency, the GBI participates in Georgia’s Visa Purchasing Card (“P-Card”) Program. P-Cards are credit cards provided to Georgia employees for official business purchases, such as supplies, materials, equipment, and services for official use. State policy expressly prohibits using P-Card for personal purchases. P-Card users are required to reconcile all purchases by electronically uploading receipts for each P-Card transaction.
In 1998, the GBI issued Stevens a P-Card for business-related purchases and expenses. As P-Card holder, Stevens signed an agreement stating that “under no circumstances will [she] use the Purchasing Card to make personal purchases, either for [her]self or for others.”
From approximately May 9, 2013 to August 17, 2016, Stevens allegedly used her P-Card and the P-Cards of least six other GBI employees to make more than 325 unauthorized purchases of goods and services for her personal benefit or the personal benefit of others, including a seven-piece dining set, a corn hole game set, two chaise lounge chairs, and a 65-inch ultra HD smart television.
Stevens also allegedly submitted altered receipts to the GBI in which she changed the description of the items purchased, the addresses to which the items were shipped, or both the item description and the shipping address. For example, on May 27, 2016, Stevens used another GBI employee’s P-Card to order a sofa from Amazon.com that was delivered to her home in Covington, Georgia. Subsequently, Stevens submitted a false receipt to the GBI in which she misrepresented the item description as 12 anti-spyware software discs, rather than a sofa, and misrepresented the shipping address as the GBI’s Headquarters in Decatur, Georgia, rather than her home address.
In total, the GBI paid over $60,000 for more than 325 unauthorized purchases made by Stevens on GBI P-Cards. As a result of Stevens’s scheme to defraud, federal money from the U.S. Department of Justice and U.S. Department of Homeland Security grants was impacted.
A grand jury has charged Sandra J. Stevens, f/k/a “Sandra J. Putnam, 46, of Covington, Georgia, with four counts of mail fraud and three counts of federal program theft.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Georgia Bureau of Investigation.
Assistant U.S Attorneys Jeffrey W. Davis and Jolee Porter are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former Atlanta police sergeant sentenced to prison for using excessive force and obstructing investigationRead the Press Release
ATLANTA –Trevor King, a former sergeant with the Atlanta Police Department, was sentenced to five years in prison for using excessive force when he arrested a Walmart shopper who King wrongfully suspected of shoplifting a tomato and for writing a false police report about the incident in an effort to cover up his crime.
“King was punished today for willfully violating the Constitution by misusing his power to violently assault and injure an innocent man,” said U. S. Attorney Byung J. “BJay” Pak. “To make matters worse, he wrote a false incident report in an attempt to make the victim sound like the aggressor. King’s egregious misconduct is an affront to law enforcement officers who serve honorably and uphold their oath of office with integrity.”
“The defendant abused his authority as a police sergeant when he used a baton to brutally assault an innocent man and wrote a false report to cover up his crime,” said Acting Assistant Attorney General John Gore for the Civil Rights Division. “This sentence reflects the Department’s commitment to prosecuting official misconduct cases and sends a strong message that any abuse of power will not be tolerated.”
“It is our duty in the FBI to uphold our Constitution and laws, which prohibit law enforcement officers from willfully using excessive force against non-resistant subjects,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “Had Sgt. King respected his authority, like the vast majority of his fellow law enforcement officers who serve and protect, he would have quickly realized an arrest was not merited.”
According to U.S. Attorney Pak, the charges and other evidence presented during King’s trial: On the evening of October 13, 2014, the victim, Tyrone Carnegay, was grocery shopping at a downtown Atlanta Walmart. After purchasing groceries, Carnegay returned to the produce aisle to weigh a tomato for which he believed he had been overcharged. Sergeant King saw Carnegay on the store’s security monitor weighing the tomato, and then walking out of the store after placing the tomato back into a bag. Suspecting that Carnegay was stealing the tomato, King drew his asp baton and stopped Carnegay at the store’s exit door. Within seconds of the stop, King began to strike Carnegay on his legs with the metal baton. After several blows, Carnegay fell to the floor. As he lay on the floor, King delivered a final baton strike, causing a compound fracture to Carnegay’s leg. After the assault, King found a receipt in Carnegay’s pocket for the groceries he had purchased, including the tomato.
King charged Carnegay with misdemeanor offenses for allegedly assaulting and obstructing a police officer, and authored a false police report justifying the beating. In that report, King claimed that Carnegay had attempted to push past King and had reached for King’s gun belt before King delivered any baton strikes.
Following surgery for his broken leg, Carnegay was transported from the hospital to Fulton County Jail, where he was held for several days before being released. The Fulton County District Attorney’s Office later dismissed the charges against him,
Trevor King, 50, of Acworth, Georgia was sentenced by U.S. District Judge Steve C. Jones to five years in prison, followed by three years supervised release. King was convicted on December 8, 2017, following a jury trial.
This case was investigated by the Atlanta Division of the Federal Bureau of Investigation, and was prosecuted by Assistant U.S. Attorney Brent Alan Gray and Trial Attorney Sanjay Patel of the Civil Rights Division.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Two Romanian citizens extradited to Atlanta to face cyber and fraud charges in connection with a “vishing and smishing” schemeRead the Press Release
ATLANTA – Two international computer hackers, Teodor Laurentiu Costea and Robert Codrut Dumitrescu, were extradited from Romania and arraigned on federal charges of wire fraud conspiracy, wire fraud, computer fraud and abuse, and aggravated identity theft. A federal grand jury returned the 31-count superseding indictment on August 16, 2017. Cosmin Draghici, another co-defendant, is in custody in Romania awaiting extradition to the U.S.
“While in Romania, the defendants allegedly targeted victims throughout the U.S., including in the Northern District of Georgia, stealing personal information and possibly causing millions of dollars in losses,” said U. S. Attorney Byung J. “BJay” Pak. “These extraditions send a strong warning to cybercriminals and fraudsters worldwide, that we, along with our law enforcement partners, will work tirelessly to bring you to justice.”
“Our message to the victims of cyber fraud is that the FBI won’t let geographic boundaries stop us from pursuing and prosecuting the persons who cause them tremendous financial pain,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “Our message to the perpetrators of these crimes is that cybercriminals cannot hide in the shadows of the internet. We will identify them and bring them to justice.”
According to U.S. Attorney Pak, the charges, and other information presented in court: From approximately October 2011 until February 2014, Costea and Dumitrescu resided in Ploiesti, Romania. An investigation revealed that Costea and Dumitrescu allegedly identified vulnerable computers in the U.S., and installed interactive voice response software that would automatically interact with call recipients. In addition, the defendants allegedly utilized computers in the Atlanta area to install software to initiate thousands of automated telephone calls and text messages to victims in Atlanta and around the country. The messages purported to be from a financial institution and directed victims to call a telephone number due to a problem with their respective financial account.
When victims called the telephone number, they were prompted by the interactive voice response software to enter their bank account numbers, PINs, and full or partial Social Security numbers. The stolen account numbers were stored on the compromised computers and accessed by Costea and Dumitrescu, who then allegedly sold or used the fraudulently obtained information with the assistance of Draghici.
At the time of his arrest in Romania, Costea possessed 36,051 fraudulently obtained financial account numbers. The financial losses from the defendants’ scheme are estimated to be over $18 million.
Teodor Laurentiu Costea, 41, Robert Codrut Dumitrescu, 40, and Cosmin Draghici, 28 are all from Ploiesti, Romania. The charges result from the defendants’ alleged “vishing” and “smishing” attacks from Romania. “Vishing” is a type of phishing scheme that communicates a phishing message, that is, a message that purports to be from a legitimate source, in this case the victims’ banks, through a voice recording. “Smishing” is similar to “vishing,” but communicates a phishing message through text messages.
Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
This case is being investigated by the FBI.
Assistant U.S. Attorney Michael Herskowitz is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former Cumming police officer sentenced to prison for accepting bribes and computer fraudRead the Press Release
ATLANTA – Nathan VanBuren, a former Cumming police officer, was sentenced to federal prison for accepting bribes and unlawfully accessing a confidential law enforcement database.
“VanBuren violated his oath of office and broke the laws he swore to uphold and enforce,” said U. S. Attorney Byung J. “BJay” Pak. “His crimes undermine the hard work of his fellow officers, as well as the community’s trust and respect for police officers.”
“The actions of VanBuren are extremely disheartening to the many men and women in law enforcement, who work hard every day with integrity and commitment. The FBI will continue to dedicate significant resources toward investigating anyone who tarnishes their reputation by straying from his or her oath,” said David J. LeValley, Special Agent in Charge of FBI Atlanta.
“It is paramount that public officials, especially sworn law enforcement officers, committing crimes be held accountable for their actions,” said Georgia Bureau of Investigation Director Vernon Keenan. “The GBI will continue to work with our local and federal partners to ensure that corruption cases are aggressively investigated and prosecuted in order to maintain the faith and trust of the public.”
“VanBuren betrayed the public trust and the trust of the hard working men and women of this agency, said Chief Casey Tatum, Cumming Police Department. “Anytime a law enforcement officer uses their position to victimize someone, justice demands they be held accountable.”
According to U.S. Attorney Pak, the charges, and other information presented in court: In July 2015, VanBuren, in his official capacity as a police officer, responded to a 911 call at a home in Cumming, Georgia, at which time a citizen was arrested. In July and August 2015, VanBuren and the citizen had additional communications. During those communications, VanBuren asked the citizen for a loan claiming that his wages were being garnished and he had incurred financial debt due to his son’s medical and surgical expenses. In reality, VanBuren’s salary was not being garnished and his son was not ill. The citizen reported VanBuren’s actions and agreed to cooperate with law enforcement.
While cooperating with law enforcement, the citizen met with and provided VanBuren with $5,000 in response to VanBuren’s repeated requests for money. During that meeting, the citizen asked VanBuren to search a sensitive police database to determine whether an individual was an undercover police officer. In exchange for $1,000, VanBuren unlawfully accessed the law enforcement database and provided the results of that search to the citizen. VanBuren resigned before he was terminated by the Cumming Police Department.
Nathan VanBuren, 35, of Cumming, Georgia was sentenced by U.S. District Judge Orinda D. Evans to one year, six months in prison to be followed by two years of supervised release. VanBuren was convicted of honest services wire fraud and computer fraud on October 26, 2017, after a jury trial.
This case was jointly investigated by the Federal Bureau of Investigation and the Georgia Bureau of Investigation. The Cumming Police Department and Forsyth County Sheriff’s Office assisted with the investigation.
Assistant U.S. Attorney Jeffrey Brown prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Inmate sentenced to over eight years additional prison time for drug trafficking from prisonRead the Press Release
ATLANTA - Jorge Armando Ramirez-Lira, a/k/a Negro, a/k/a Jorge Beltran-Carillo, a/k/a Edgar Nava-Baltazar, was sentenced to an additional eight years and one month in prison for importing heroin into the U.S. from Colombia and laundering the drug proceeds.
“Ramirez-Lira, who is already in prison for drug trafficking crimes, used contraband cell phones to broker deals to smuggle heroin into the U.S. from Colombia disguised as jewelry and artwork,” said U.S. Attorney Byung J. “BJay” Pak. “Thanks to the cooperation between law enforcement officials from both the U.S. and Colombia this operation has been dismantled, leaving Ramirez-Lira with an even longer prison sentence.”
“DEA is fully committed to tirelessly pursuing criminals who sell large quantities of drugs, whether they’re selling them on the streets or inside a prison,” said Robert J. Murphy, Special Agent in Charge of the DEA Atlanta Field Division. “This criminal was already serving time for drug trafficking and had the audacity to continue trafficking while incarcerated. His criminal acts has landed him even more deserving time in prison. The spirited level of law enforcement cooperation made this investigation a success.”
“Heroin is having a devastating effect on some of our communities in the City of Atlanta and throughout metro Atlanta,” said Atlanta Police Chief Erika Shields. “We’re grateful to our federal partners for the teamwork and assistance they provide our Department in helping heal our neighborhoods by putting the peddlers of this poison behind bars.”
According to U.S. Attorney Pak, the charges and other information presented in court: Ramirez-Lira was a member of a Medellin, Colombia-based international drug trafficking and money laundering organization that conspired to import large quantities of heroin from Colombia into the U.S., including the Atlanta area, and to export cocaine from Colombia into Europe. The drug trafficking organization utilized drug sources throughout South America including in Chile, Colombia, Peru, Ecuador, and Venezuela, and then exported narcotics using commercial parcel carriers and Mexican logistics providers before distributing the narcotics in the U.S. and Europe. The organization laundered drug trafficking proceeds from the U.S. back to Colombia.
Ramirez-Lira, an inmate in the federal correctional institution in Yazoo City, Mississippi, was an operative within the organization whose role was to serve as a broker, ensuring that the organization had wholesale buyers and trafficking networks throughout the U.S. As a broker, from inside federal prison, Ramirez-Lira gained access to multiple contraband cellular telephones, which he used to facilitate the drug importation and distribution. To disguise the heroin shipments, the organization employed an architectural designer, co-defendant Luis Felipe Garcia-Jiminez, who fashioned the heroin into artwork and jewelry. DEA agents in the U.S. and in Colombia, working collaboratively with the Colombian National Police, seized multiple heroin shipments and ultimately identified members of the organization through wiretaps, surveillance, and analysis of financial and other documents.
Members of the organization who have been sentenced to date include:
•Jorge Armando Ramirez-Lira, a/k/a Negro, a/k/a Jorge Beltran-Carillo, a/k/a Edgar Nava-Baltazar was sentenced by U.S. District Judge Thomas W. Thrash, Jr., to eight years and one month in prison, to be followed by ten years of supervised release. Ramirez pleaded guilty to conspiring to import and distribute heroin and money laundering.
•Luis Fernando Ospina, a/k/a Caneco, was previously sentenced to 15 years in prison, to be followed by five years of supervised released. Ospina pleaded guilty to conspiring to import and distribute heroin and money laundering after being arrested in Colombia in October 2013, and extradited to the U.S. in November 2014.
•Carlos Mario Duque-Gallego a/k/a Bunuelo, was previously sentenced to 10 years in prison, to be followed by five years of supervised released. Duque-Gallego pleaded guilty to conspiring to import and distribute heroin after being arrested in the Southern District of Florida in October 2013.
•Jorge Yimis Marin-Giraldo a/k/a Carnal, was previously sentenced to seven years and three months in prison, to be followed by four years of supervised released. Marin-Giraldo pleaded guilty to conspiring to distribute heroin after being arrested in the Southern District of Florida in February 2014.
•Luis Felipe Garcia-Jiminez, a/k/a Pipe, was previously sentenced to five years and 11 months in prison, to be followed by five years of supervised released. Garcia-Jiminez pleaded guilty to conspiring to import and distribute heroin after being arrested in Colombia in October 2013, and extradited to the U.S. in September 2014.
•Joel Lopez was previously sentenced to four years and three months in prison, to be followed by three years of supervised released. Lopez pleaded guilty to conspiring to import heroin and money laundering after being arrested in the Northern District of Georgia in August 2013.
This case is being investigated by the Drug Enforcement Administration in partnership with the Colombian National Police and the Atlanta Police Department.
Assistant U.S. Attorneys Ryan M. Christian and Garrett L. Bradford prosecuted the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Cartersville man pleads guilty to producing child pornographyRead the Press Release
ROME, Ga. - Shawn Ryan Budovic pleaded guilty in federal court to the production of child pornography after he lured and manipulated a minor into exchanging sexually explicit images online.
“Budovic operated as an online predator who targeted very young children for sexual exploitation,” said U.S. Attorney Byung J. “BJay” Pak. “His conduct is especially egregious because he preyed upon a group of siblings, potentially causing irreparable harm to the victims individually and to the family collectively.”
“Individuals responsible for producing child pornography steal the innocence of children and further their re-victimization each time the evidence of that exploitation is shared online,” said Homeland Security Investigations Atlanta Special Agent in Charge Nick S. Annan. “This case shows HSI investigators are actively working to identity and disrupt the trade of these illegal images, and also to identify and seek prosecution of the criminals who produce and possess them.”
According to U.S. Attorney Pak, the charges and other information presented in court: Budovic used the messenger application Kik to meet his former girlfriend when she was a minor. Budovic began an online relationship with the minor, and over time Budovic groomed her to believe that his sexual interest in children was normal. He discussed his sexual interest in young children with his girlfriend and sent her images of child pornography. Eventually, Budovic asked his minor girlfriend for sexually explicit photographs of her younger siblings, who were as young as three, five, and nine years old at the time. At Budovic’s urging, the minor girlfriend ultimately sent him multiple sexually explicit photos of her three-year-old and nine-year-old sisters. Homeland Security Investigations agents found pornographic photos of the children on Budovic’s phone when they executed a search warrant at his home.
Shawn Ryan Budovic, 28, of Cartersville, Georgia, pleaded guilty to the offense of production of child pornography on May 1, 2018. He is facing a sentence of 25 years in prison, which is a binding sentencing recommendation pending approval by the Court. Budovic’s sentencing is scheduled for July 13, 2018.
This case is being investigated by the Department of Homeland Security, Homeland Security Investigations.
Assistant U.S. Attorney Jolee Porter is prosecuting the case.
This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Gainesville man charged with bilking his former brokerage firm clients with biofuel schemeRead the Press Release
GAINESVILLE, Ga. – Winston Wade Turner has been indicted by a federal grand jury and charged with mail and wire fraud for making false representations to investors in a biofuel scheme.
“Turner allegedly pitched a biofuel scheme to former clients he met through reputable brokerage firms,” said U.S. Attorney Byung J. “BJay” Pak. “Alternative energy sources like biofuel are sometimes a cover used by the unscrupulous to prey on investors seeking to put money in a potentially growing field. Turner is accused of luring investors with promises of immediate and profitable returns in a biofuel producer, which turned out to be a shell company of his own invention.”
“This defendant is alleged to have preyed on seniors and retirees who were simply looking for safe and secure returns on their hard earned investments,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “The FBI will continue to vigorously pursue those individuals who use false promises to capitalize financially at the expense of unsuspecting investors.”
According to U.S. Attorney Pak, the indictment, and other information presented in court: Beginning in July 2015, Turner represented to investors that he was a broker for “North American Bio Fuel,” a purported biofuel producer based in Bradenton, Florida. Turner encouraged his victims, former clients from his previous employment at Metlife Securities, Inc. and Prudential, to invest funds in North American Bio Fuel. In conversations with investors and later through a website, Turner represented that the company was an “up and coming company” already producing biofuel, at a time when it was in fact only a shell company. The indictment alleges that Turner caused, and attempted to cause, wire transfers in the hundreds of thousands of dollars from victims for investment into this company and that Turner used investor funds for personal and other corporate purposes.
Turner, 48, of Jefferson, Georgia, was arraigned in federal court on April 26, 2018, and entered a not guilty plea. Members of the public are reminded that the indictment only contains an allegation of criminal conduct. The defendant is presumed innocent of the charge and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the FBI, with assistance from the Hall County Fire Services.
Assistant U.S. Attorney Brian Pearce is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Two men sentenced for assault and armed robbery of government informant during undercover gun saleRead the Press Release
ATLANTA - Michael Simpson was sentenced for assault and armed robbery of a confidential government informant who was assisting ATF agents as part of the Drug Market Initiative (“DMI”) in the English Avenue community. Elgin Byrd was previously sentenced for his respective role in the illegal activity on February 27, 2018.
“These defendants will no longer perpetuate the cycle of drug and gun trafficking in the English Avenue community,” said U.S. Attorney Byung J. “BJay” Pak. “We are committed to working with our partners to eradicate drug trafficking in this community.”
“Any individual who is brazen enough to commit an armed robbery poses a clear and present danger to our community. This sentence sends an unequivocal message that this violence will not be tolerated. ATF and its’ law enforcement partners will continue to identify, investigate and arrest criminals who choose to use guns to commit their crimes,” said ATF Special Agent in Charge Arthur Peralta.
“The City of Atlanta is making great strides in working to improve the English Avenue community and these arrests and convictions send a strong signal that such lawlessness and disregard for the community will not be tolerated,” said Atlanta Police Chief Erika Shields. “The Department’s strong partnership with our federal partners is vital to our long-term public safety goals here and elsewhere throughout the City.”
According to U.S. Attorney Pak, the charges and other information presented in court: Between July 27, 2016 and August 3, 2016, a confidential informant repeatedly purchased heroin from Byrd at an apartment complex in the English Avenue community as part of an undercover government operation. Byrd also brokered a gun sale for the confidential informant at the same apartment complex. On August 9, 2016, Byrd agreed to sell the confidential informant three guns at his apartment complex. Byrd lured the confidential informant to his apartment under the guise of a gun sale so that Simpson could rob the informant of the payment. While the confidential informant was waiting in Byrd’s apartment, Simpson retrieved a gun from another unit in the complex and waited behind the building for the confidential informant to walk outside. When the confidential informant left Byrd’s apartment, Simpson robbed the confidential informant at gunpoint and fled. Simpson made off with $600 in government funds and multiple forms of electronic surveillance equipment that had been provided to the confidential informant to record the controlled buy.
ATF agents conducting surveillance saw the robbery and immediately responded to rescue the confidential informant. Within hours, agents arrested Byrd in his apartment and found Simpson hiding in his mother’s attic in a nearby home.
●Michael Simpson, 25, of Atlanta, Georgia, was sentenced by U.S. District Judge Thomas W. Thrash, Jr. to 14 years in prison, followed by three years of supervised release. Simpson pleaded guilty to assaulting the confidential informant and brandishing a firearm during and in relation to that crime on November 28, 2017. He pleaded guilty to conspiracy, robbery of federal property, and possession of a firearm by a convicted felon on January 29, 2018.
●Elgin Byrd, 53, of Atlanta, Georgia, was previously sentenced to 15 years and nine months in prison, followed by five years of supervised release on February 27, 2018. Byrd pleaded guilty to distributing heroin, as well as aiding and abetting the assault and robbery of the confidential informant and Simpson’s brandishing of a firearm during and in relation to that crime on September 19, 2017.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Atlanta Police Department.
Assistant U.S. Attorney Nicholas Hartigan prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Four fraudsters sentenced for filing bogus tax returnsRead the Press Release
ATLANTA – Sean Demetrius West and Curry Anthony Love, Jr. were sentenced for their roles in a scheme to claim fraudulent tax refunds using bogus Form 1099s. Darrel Asquith Palmes and Emory Leon Harris, Jr. were previously sentenced for their roles in the scheme.
“This case is a reminder that the government will identify and prosecute individuals who file fraudulent tax returns,” said U.S. Attorney Byung J. “BJay” Pak. “When caught, you are facing a felony conviction, prison, and a judgment for the amount stolen from the Treasury.”
“IRS Criminal Investigation works vigorously to stop the issuance of these fraudulent tax refunds based on bogus Forms 1099. The criminals are inventing new ways to circumvent the system and the sentencings handed down in this investigation show the stiff penalties for doing so,” said Thomas J. Holloman, Special Agent in Charge, IRS Criminal Investigation.”
According to U.S. Attorney Pak, the charges and other information presented in court: West and Love, along with Harris, the organizer of the scheme, recruited taxpayers to file tax returns using bogus Form 1099s claiming a total of $2,688,591 in fraudulent refunds. Harris and West introduced Palmes, a tax preparer, to the recruited taxpayers. Harris and West provided Palmes with fake 1099s and other documents and Palmes in turn prepared the fraudulent returns. These forms listed fictitious employers for the taxpayers and claimed hundreds of thousands in withholdings already paid to such employers. The fictitious withholdings resulted in claimed refunds ranging from $134,990 to $1,000,000 for each taxpayer involved. Love, who filed his own fraudulent tax return, was the only taxpayer whose return was processed for a refund. The IRS identified and rejected six other fraudulent returns.
●Sean Demetrius West, 44, of Conyers, Georgia was sentenced to 18 months of home confinement and ordered to pay $435,990 in restitution. West pleaded guilty to interference with the administration of IRS laws on July 27, 2016.
●Curry Anthony Love, Jr., 51, of Lithonia, Georgia was sentenced to one year and one day in prison, to be followed by three years of supervised release, and ordered to pay $435,990 in restitution. Love pleaded guilty to making a false statement in a federal income tax return on November 2, 2017.
●Darrell Asquith Palmes, 71, of Lake Worth, Florida, was sentenced to one year in prison, to be followed by one year of supervised release, and ordered to pay $435,990 in restitution on March 1, 2018. Palmes pleaded guilty to interference with the administration of IRS laws on July 24, 2017.
●Emory Leon Harris, Jr., 33, of Atlanta, Georgia, was sentenced to two years in prison, to be followed by one year of supervised release, and ordered to pay $435,990 in restitution on October 24, 2016. Harris pleaded guilty to interference with the administration of IRS laws on July, 26, 2016.
This case was investigated by the Internal Revenue Service Criminal Investigation Division.
Assistant U.S. Attorney Brian Michael Pearce prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Crew sentenced for illegally purchasing 33 guns and trafficking them from Georgia to New YorkRead the Press Release
ATLANTA - Terrance Rainey, Talante Fisher-Bland, Brittni Dixon, Martavius Askew, and Donnisha Miles have been sentenced for their respective roles in illegally purchasing and trafficking 33 firearms from Georgia to New York.
“Gun trafficking fuels violent crime and is a grave threat to our communities,” said U.S. Attorney Byung J. “BJay” Pak. “The lengthy prison sentences received by these defendants should serve as a serious warning to others tempted to supply criminals with firearms by lying to licensed gun dealers.”
“One of ATF’s top priorities is to deny criminals access to firearms and protect the rights of law abiding citizens,” said Special Agent in Charge Arthur Peralta. “These offenders illegally obtained and then trafficked firearms that could have been used to injure law abiding citizens and destroy the sanctity of our communities; ATF takes these threats very seriously.”
According to U.S. Attorney Pak, the charges and other information presented in court: In August 2016, the defendants engaged in a scheme to unlawfully purchase 33 firearms from a federally licensed firearms dealer that they then trafficked to Rochester, New York. Fisher-Bland recruited Dixon and Askew to purchase guns for Parson and Rainey, a convicted felon. Rainey recruited Miles to purchase guns for him and Parson. The crew purchased the guns from Liquidation Outlet, a gun dealer in Atlanta. The defendants who made the gun purchases lied by swearing on ATF forms that they were purchasing the guns for themselves, when in fact, the guns were intended for other co-defendants who transported the firearms to New York. Law enforcement officers recovered several of the guns from convicted felons and others who used the firearms in committing various crimes in New York.
The defendants pleaded guilty to the following offenses:
●Terrance Rainey, 33, of Rochester, New York, was sentenced to 12 years and seven months in prison, to be followed by three years of supervised release. Rainey pleaded guilty to aiding and abetting the making of false statements to a federally licensed firearms dealer, aiding and abetting the transfer of firearms to an out-of-state resident, and possession of firearms by a convicted felon on January 5, 2018.
●Talante Fisher-Bland, 25, of McDonough, Georgia, was sentenced to two years and three months in prison, to be followed by three years of supervised release. Fisher-Bland pleaded guilty to two counts of aiding and abetting the making of false statements to a federally licensed firearms dealer on January 5, 2018.
●Brittni Dixon, 25, of Jonesboro, Georgia, pleaded guilty to aiding and abetting the making of false statements to a federally licensed firearms dealer and was previously sentenced to four months in prison, to be followed by two years of supervised release on September 14, 2017.
●Martavius Askew, 25, of Meansville, Georgia, pleaded guilty to aiding and abetting the making of false statements to a federally licensed firearms dealer and was previously sentenced to one year and six months in prison, to be followed by two years of supervised release on October 16, 2017.
●Donnisha Miles, 23, of Chicago, Illinois, pleaded guilty to aiding and abetting the making of false statements to a federally licensed firearms dealer and aiding and abetting the transfer of firearms to an out-of-state residence. Miles was previously sentenced to one year and five months in prison, to be followed by three years of supervised release on February 26, 2018.
●A sixth co-defendant, Latrell Parson, 22, of Rochester, New York pleaded guilty to aiding and abetting the making of false statements to a federally licensed firearms dealer, and aiding and abetting the transfer of firearms to an out-of-state resident on January 10, 2018. Parson will be sentenced on May 1, 2018.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Atlanta, Georgia, and Rochester, New York Field Divisions and the Rochester Field Office of the Federal Bureau of Investigation.
Assistant U.S. Attorney Jennifer Keen prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Darknet international gun traffickers sentencedRead the Press Release
ATLANTA - Sherman Jackson was sentenced today for unlawfully shipping firearms to more than 10 countries using an online vendor page “CherryFlavor” on the “darknet” website Black Market Reloaded (“BMR”). William Jackson, Gerren Johnson, and Brendan Person were previously sentenced for their respective roles in the trafficking scheme.
“The defendants in this case sought to subvert the guns laws of the U.S. by illegally providing an underground source of firearms to individuals residing in foreign countries,” said U.S. Attorney Byung J. “BJay” Pak. “This case demonstrates our commitment to pursue gun traffickers within and outside our borders and to prevent criminals from unlawfully supplying guns to others.”
“This operation dismantled a major international gun trafficking organization,” said ATF Special Agent in Charge Arthur Peralta. “ATF and its law enforcement partners acted quickly and judiciously on information developed during the course of this investigation. People who choose to commit this type of crime must understand that there are serious repercussions for the illegal trafficking of firearms. Whether here at home in the U.S. or across international borders, ATF will remain on the frontline in identifying, investigating, and arresting anyone involved in firearms trafficking.”
“The defendants developed an illegal firearms trafficking scheme by concealing themselves through the anonymity of the dark web,” said Inspector in Charge David M. McGinnis of the Charlotte Division. “The U.S. Postal Inspection is committed to combat cybercrime and we will continue to be vigilant in disrupting criminal organizations who illegally utilize the U.S. Postal Service.”
According to U.S. Attorney Pak, the charges and other information presented in court: Sherman Jackson initially created the online vendor page “CherryFlavor” on the “darknet” website “Black Market Reloaded” (BMR). This site operated on “The Onion Router,” also known as “TOR,” which provided virtual anonymity to its users to purchase illicit items, such as firearms. In early 2013, Sherman Jackson, William Jackson, Johnson, and Person began advertising various firearms for sale as CherryFlavor. The group acquired their inventory through domestic websites offering gun owners an online venue to sell firearms. The defendants then sold firearms to international buyers at extremely marked-up prices. For example, the defendants sold a Glock pistol for as much as $3,400 – a firearm normally sold for approximately $500.
In addition to using TOR, the defendants also concealed their illegal gun trafficking activities from law enforcement by requiring international customers to pay for firearms using the cryptocurrency, Bitcoin, which prevented law enforcement from tracing financial transactions related to CherryFlavor’s gun sales. The defendants hid firearms inside electronic equipment shipped internationally to bypass U.S. and foreign customs. CherryFlavor sold more than 70 firearms across the world. Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives coordinated with its international law enforcement partners to recover firearms in Australia, Austria, Belgium, Canada, Denmark, France, Germany, Ireland, Kazakhstan, the Netherlands, Russia, Sweden, the United Kingdom, and Zambia.
●Sherman Jackson, 28, of Atlanta, Georgia was sentenced today by U.S. District Judge Amy Totenberg to one year, nine months in prison to be followed by two years of supervised release. Jackson pleaded guilty to smuggling firearms from the U.S. on August 20, 2015.
●Gerren Johnson, 29, of Austell, Georgia was previously sentenced to two years and nine months in prison, to be followed by two years of supervised release. He pleaded guilty to smuggling firearms from the U.S. on January 9, 2018.
●Brendan Person, 29, Atlanta, Georgia was previously sentenced to two years and three months in prison, to be followed by two years of supervised release. He pleaded guilty to smuggling firearms from the U.S. on January 31, 2017.
●William Jackson, 29, of East Point, Georgia was previously sentenced to two years on probation. He pleaded guilty to smuggling goods from the U.S. on October 17, 2017.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Postal Inspection Service. The following agencies provided invaluable assistance that aided the investigation: the U.S. Department of Justice, Office of International Affairs; the National Crime Agency in the United Kingdom; the Ontario Provincial Police, the Toronto Police, the Durham Regional Police Service, the Royal Canadian Mounted Police, and the Canada Border Services Agency in Canada; the Australian Customs and Border Protection Service and Australian Federal Police; the Federal Judicial Police in Belgium; the Dutch National Undercover Team in the Netherlands; the Munich Police Service and the Wetterau Police Department in Germany; Vienna State Police in Austria; and the Swedish Customs and the Public Prosecution Authority in Sweden.
Assistant U.S. Attorneys Tracia M. King and Stephanie Gabay-Smith prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Couple sentenced for sex trafficking 13-year-old girlRead the Press Release
ATLANTA - Daveon Brantley, a/k/a Swalay, and Amber Brinson were sentenced today to 22 years, one month and nine years, seven months, respectively, for sex trafficking a 13-year-old girl after she ran away from home.
“This couple trafficked a 13-year-old girl for commercial sex who they knew was a vulnerable runaway,” said U.S. Attorney Byung J. “BJay” Pak. “We will continue to prosecute those who prey on and exploit children for commercial sex and we are leveraging partnerships with federal, state and local law enforcement, and non-governmental organizations to achieve justice and provide support services for the survivors of these crimes, as well as for their families.”
“Thanks to our partnership with local law enforcement agencies and the willingness of a witness to come forward with information, the 13-year-old child was recovered safely and removed from a horrible situation,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “Stopping human trafficking remains a top priority of federal, state and local agencies who are part of the FBI’s Metro Atlanta Child Exploitation Task Force (MATCH).”
According to U.S. Attorney Pak, the charges and other information presented in court: Brantley encountered the 13-year-old victim after she ran away from home. Brantley invited the child to his hotel room on Fulton Industrial Boulevard in Atlanta and directed his then-girlfriend, Brinson, to take nude photos of the child. Brantley and Brinson posted nine advertisements for sex with the minor on the website Backpage.com over several days in early June 2016. The advertisements included nude photos of the girl. Brantley and Brinson proceeded to use the child for commercial sex acts for six days. Brantley took the money that the minor victim earned. The Acworth Police Department recovered the minor from a hotel on June 7, 2016, after an acquaintance of Brantley’s and Brinson’s called the police and reported the location of the victim.
Daveon Brantley, a/k/a Swalay, 27, of Atlanta, Georgia, was sentenced to 22 years, one month in federal prison, to be followed by 15 years of supervised release, and ordered to pay restitution in the amount of $1,440. Brantley pleaded guilty to conspiracy to commit, and commission of, sex trafficking of a minor, production of child pornography, and distribution of child pornography on January 9, 2018.
Amber Brinson, 21, of Atlanta, Georgia, was sentenced to nine years, seven months in federal prison, to be followed by seven years of supervised release, and ordered to pay restitution in the amount of $1,440. Brinson pleaded guilty to conspiracy to commit sex trafficking of a minor on November 3, 2017.
Both defendants must register as sex offenders as a condition of their supervised release.
This case is being investigated by the Federal Bureau of Investigation’s Metro Atlanta Child Exploitation Task Force (MATCH).
Assistant United States Attorney Jolee Porter prosecuted the case.
This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Violent felon sentenced to 16 years in federal prison for cocaine traffickingRead the Press Release
ATLANTA – Darrick Lawrence, a previously convicted felon, has been sentenced to 16 years and six months in prison, with one month credit for time served, for trafficking cocaine. Lawrence also faces charges in Virginia for conspiracy to commit first-degree murder. A search of Lawrence’s Decatur, Georgia home resulted in the recovery of cocaine, two high-powered rifles, and hundreds of rounds of ammunition.
“Lawrence created a sophisticated drug operation and funneled drug proceeds through 18 different bank accounts using a shell company,” said U.S. Attorney Byung J. “BJay” Pak. “This lengthy prison sentence removes a violent felon from our streets and places him in federal prison while he awaits prosecution for a murder in Virginia.”
“The criminal history of Lawrence shows a complete and utter disregard for the lives of others as well as for their personal pursuits,” said ATF Acting Assistant Special Agent in Charge Robert Davis. “As an agency and a unified law enforcement community, we will not tolerate armed violent felons continually terrorizing and reducing the quality of life in our neighborhoods.”
“Drug traffickers often protect the poisonous fruits of their labor by engaging in acts of violence,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “The cache of weapons seized from this convicted felon validated his propensity towards violence. Because of the pinnacle of cooperation between DEA, its federal, state and local law enforcement counterparts and the U.S. Attorney’s Office, this defendant is deserving of the sentence handed down today.”
According to U.S. Attorney Pak, the charges and other information presented in court: On February 7, 2017, DeKalb County, Georgia, police officers and SWAT members executed a warrant to search Lawrence’s residence for evidence regarding a murder committed in Virginia. During the search, investigators recovered a stolen Anderson Manufacturing, model AM-15, .300 Blackout caliber rifle, an American Tactical, model Omni, 5.56mm caliber pistol, hundreds of rounds of ammunition, and cocaine. At the time of the search, Lawrence was an eleven-time convicted felon, with prior convictions for robbery, assault, battery, and multiple violations of possessing with intent to distribute controlled substances. Investigators determined that Lawrence trafficked kilos of cocaine between Atlanta and Virginia. He also created a shell company through which he funneled nearly a million dollars in drug proceeds using 18 banks accounts. Lawrence attempted to continue his drug trafficking operation while in federal and state prisons by directing members of his drug operation to communicate with him with prepaid “flip phones.”
Darrick Lawrence, 39, of Decatur, Georgia, was sentenced 16 years and six months in prison, with one month credit for time served, to be followed by three years of supervised release by U.S. District Judge Steve C. Jones. He pleaded guilty to the offense of possession with intent to distribute cocaine on December 1, 2017. There is no parole in the federal system.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the DeKalb Police Department, and the Henrico County Virginia Police Department.
Assistant U.S. Attorneys Dash A. Cooper and Kim S. Dammers prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected].
Former federal prison guard pleads guilty to accepting bribes to smuggle contraband into prison for inmatesRead the Press Release
ATLANTA – Melvin Thomas, a former prison guard at the Atlanta United States Penitentiary (“USP”) has pleaded guilty to accepting bribe payments in exchange for smuggling contraband into the prison.
“Corruption in prisons undermines the public’s faith in the criminal justice system and puts the safety of prison staff and inmates at risk,” said U.S. Attorney Byung J. “BJay” Pak. “Thomas took bribes instead of honoring his oath. He compromised his commitment to his fellow officers and the citizens who expect prison guards to have the utmost integrity.”
“The OIG remains committed to rooting out corruption within our federal prisons. Today’s guilty plea demonstrates that those who betray the trust of their fellow correctional officers and citizens will face consequences for doing so,” stated Robert A. Bourbon, Special Agent in Charge of the Department of Justice Office of the Inspector General’s Miami Field Division.
According to U.S. Attorney Pak, the charges and other information presented in court: From approximately July 2009 to April 2017, Thomas was a correctional officer at the U.S. Penitentiary in Atlanta, Georgia. USP Atlanta is a medium-security federal prison for male inmates operated by the Federal Bureau of Prisons. USP Atlanta prohibits inmates from using or possessing tobacco products. Nevertheless, as a prison guard, Thomas accepted several bribe payments from an inmate in exchange for smuggling tobacco into the prison. In total, the inmate paid Thomas approximately $3,500 for the contraband that he smuggled into the prison.
On February 14, 2018, Melvin Thomas, 40, Rocky Mount, North Carolina, was charged via criminal information with the bribery of a public official. Sentencing is scheduled for July 10, 2018, before U.S. District Judge Timothy C. Batten, Sr.
This case is being investigated by the Department of Justice Office of Inspector General.
Assistant U.S. Attorney Ryan Huschka is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Man sentenced for obstructing justice in City of Atlanta corruption investigationRead the Press Release
ATLANTA - Shandarrick Barnes was sentenced to three years and one month in prison, with five-months credit for time served, for obstructing justice in the federal corruption investigation involving City of Atlanta government. Barnes threw a concrete block through the window of E.R. Mitchell’s home, and placed dead rodents on his porch and elsewhere hoping to stop his cooperation with federal law enforcement.
“Barnes thought he could thwart the City of Atlanta corruption investigation by throwing a concrete block through a federal witness’ window,’” said U. S. Attorney Byung J. “BJay” Pak. “Instead, investigators became even more resolute in their efforts to root out a pay-to-play system that undermines the public’s trust in government.”
“Barnes used the tactic of fear to try to stop Mitchell from cooperating with FBI agents,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “It is imperative that we send a strong message to anyone who would attempt to subvert law enforcement agents and officers in their search for the truth.”
“Witness intimidation is a serious crime and today’s sentence shows the consequences of obstructing a federal investigation,” said Thomas J. Holloman, Special Agent in Charge, IRS Criminal Investigation. “This investigation is ongoing and we encourage anyone with any information to come forward without fear of reprisal or intimidation.”
According to U.S. Attorney Pak, the charges, and other information presented in court: In late July 2015, special agents with IRS and the FBI approached E.R. Mitchell, Jr. for an interview relating to an ongoing investigation into corruption at the City of Atlanta. During the meeting, agents discussed corruption allegations as well as potential tax improprieties. Shortly after the IRS and FBI agents approached and interviewed him, Mitchell informed others that federal law enforcement had spoken with him and was asking questions.
Mitchell was interviewed on September 2, 2015, by the U.S. Attorney’s Office and federal agents and confessed to regularly paying “up-front money” for City of Atlanta contracts. On September 8, 2015, Mitchell returned to the office and completed a second debriefing with prosecutors and agents.
On September 11, 2015, at approximately 5:45 a.m., Barnes threw a concrete block with the words “ER, keep your mouth shut!” written on the side, through a plate glass window in Mitchell’s home. When Mitchell emerged from the house to see who had thrown the block, he saw that dead rats had been placed on his porch, car and in his mailbox. The police and FBI were summoned to the scene and law enforcement obtained security footage from the subdivision. The video revealed a car that appeared to match Barnes’ vehicle left the area minutes after the block was thrown through the front window. Further investigation by agents suggested that Barnes was involved.
On July 13 and August 17, 2016, Barnes was interviewed by the FBI and IRS. During the interviews, he admitted that he threw the concrete block through Mitchell’s window. Barnes specifically acknowledged that he was aware of the investigation into Mitchell and others, and that agents had asked about Mitchell’s taxes as well as payments Mitchell made to businesses associated with Barnes’ employer. He was well aware that Mitchell was actively cooperating with agents. He said he was livid and his decision to throw the brick through Mitchell’s window was motived by his desire to hinder Mitchell’s communication with agents. He said he felt that Mitchell’s communications to federal law enforcement would negatively affect his employer’s businesses. Barnes was concerned that the communication with agents was detrimental to obtaining other business that he and others were actively seeking at that time.
This case was investigated by the FBI and Internal Revenue Service Criminal Investigation.
First Assistant U.S. Attorney Kurt R. Erskine and Jeffrey W. Davis, Chief of the Public Integrity and Special Matters Section prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former church employee sentenced for embezzling over $400,000 from churchRead the Press Release
NEWNAN, Ga. - C. Alana Vines was sentenced today for stealing over $400,000 from the church where she worked as a bookkeeper in Peachtree City, Georgia.
“Stealing from a church is a despicable crime,” said U.S. Attorney Byung J. “BJay” Pak. “The defendant abused the trust that the church had placed in her, diverting over $400,000 of the congregation’s contributions for her own personal gain. We hope that today’s federal prison sentence will bring some solace to the church and its members, and deter others who might consider stealing from vulnerable victims like churches and charitable organizations.”
“The U.S. Secret Service and our law enforcement partners will continue to take an aggressive approach to arrest criminals like Vines,” said Malcolm D. Wiley, Acting Special Agent in Charge of the U.S. Secret Service, Atlanta Field Office. “In this case we were particularly resolved to bring to justice a person who chose to take advantage of unsuspecting members of the public in environments of reverence and trust. Today’s sentence should be a warning to other like-minded criminals that manipulating and stealing from the American people will not go unpunished.”
According to U.S. Attorney Pak, the charges and other information presented in court: The victim church, located in Peachtree City, Georgia, hired Vines as a bookkeeper, first as a temporary employee in March 2013 and then as a full-time employee beginning in August 2013. In her position, Vines wrote checks, paid bills, made electronic bank transfers, made entries in the church’s accounting software, and prepared financial statements.
In 2017, the church hired an outside auditor to perform an examination of its books. The auditor first noticed that the cash deposits in the bank were about $1,000 less than the amount that had been counted at the time of the collections. The auditor interviewed Vines about this discrepancy. She admitted to stealing about $1,000 from the church’s collections but stated that she had not stolen more.
The ensuing investigation revealed, however, that Vines had written nearly $400,000 in checks to herself and to business entities with which she was affiliated, without the church’s knowledge or authorization. In issuing the checks, Vines sometimes forged the signature of the church’s Treasurer on them. She signed many of the fraudulent checks herself. Vines falsely recorded many of these checks in the church’s accounting software to make it appear as if they had been issued to payees other than herself and her affiliated businesses. She falsely recorded that the checks had paid vendors for maintenance, repairs, building security, janitorial supplies, mission support, small group ministry, stewardship, and insurance expenses, when in fact Vines had issued the checks to herself and her affiliated businesses. Vines failed to record many of the fraudulent checks in the church’s accounting software at all. That failure caused the church’s accounting records to overstate the amount of money the church actually had.
In addition to stealing collections and issuing fraudulent checks, Vines also made numerous online purchases from Amazon and paid for them with the church’s checking account. Vines fraudulently purchased over $20,000 in items for her personal benefit, including computers, video equipment, pool supplies, golf equipment, clothing, shoes, and jewelry.
In total, Vines embezzled approximately $420,000.
C. Alana Vines, 38, of Sharpsburg, Georgia, was sentenced to two years in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $420,620.07, by United States District Judge Timothy C. Batten, Sr. Vines was convicted of wire fraud on December 7, 2017, after she pleaded guilty.
This case was investigated by the U.S. Secret Service and the Peachtree City Police Department.
Assistant U.S. Attorney Stephen H. McClain prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Ten members of methamphetamine trafficking operation federally indictedRead the Press Release
ATLANTA – Ten members of an alleged methamphetamine trafficking operation that sought to distribute more than $1 million worth of drugs have been indicted in a 13-count superseding indictment on charges of violations of federal drug, firearm, and immigration laws. Seven defendants were arraigned today in federal court.
“Methamphetamine remains a major threat to our community and it continues to be the main illegally-trafficked drug in this district,” said U.S. Attorney Byung J. “BJay” Pak. “When people enter our country illegally and traffic meth while in possession of guns, they not only spread their poison, they drive violence in our communities.”
“Methamphetamine continues to ravage many communities in our nation,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “Because of the positive results yielded in this case, other methamphetamine traffickers (particularly conversion lab operators) in the Atlanta metropolitan and surrounding areas are being put on notice that DEA, its law enforcement partners and the U.S. Attorney’s Office will not tolerate their continued efforts to manufacture and distribute this insidious drug.”
According to U.S. Attorney Pak, the indictment, and other information presented in court: Beginning in July 2017, agents with the DEA and the Atlanta-Carolina High Intensity Drug Trafficking Program (“HIDTA”) began investigating defendant Hugo Solano-Garcia a/k/a Gordo, and his associates in the Atlanta area, for trafficking methamphetamine allegedly smuggled into the U.S. from Mexico.
Over the course of the investigation, federal and local law enforcement agents uncovered a series of stash houses and methamphetamine conversion laboratories in two metro-Atlanta counties, DeKalb and Gwinnett, where the defendants would allegedly convert liquid methamphetamine into crystal methamphetamine for distribution, sometimes hiding the illicit drugs in hollowed-out fire extinguishers and car batteries. The defendants barricaded some of these conversion laboratories and guarded them with guns.
Agents raided one conversion laboratory in an apartment in Brookhaven, Georgia on January 30, 2018. In that apartment, they found approximately 65 kilograms of methamphetamine in crystal and liquid form and three firearms.
In total, law enforcement has seized more than 130 kilograms of methamphetamine over the course of this investigation. The drug trafficking conspiracy charge in the indictment names the following 10 defendants:
- Hugo Solano-Garcia, a/k/a Gordo, also charged with possessing a firearm in furtherance of a drug trafficking crime;
- Victor Pacheco-Solano, a/k/a Pelon, a/k/a Moro;
- Gerardo Calderon-Pacheco, a/k/a Plebe;
- Valentin Solano-Salas, also charged with possessing a firearm in furtherance of a drug trafficking crime;
- Juan Confesor Camilo, a/k/a Jean Carlos Camilo, a/k/a Tigre;
- Aldrin Barajas-Ramirez, also charged with possessing a firearm in furtherance of a drug trafficking crime, illegal alien in possession of a firearm, and illegal re-entry after being deported;
- Miguel Pacheco-Penaloza, also charged with possessing a firearm in furtherance of a drug trafficking crime and illegal alien in possession of a firearm;
- Octavio Pacheco-Torres, a/k/a Burro, also charged with possessing a firearm in furtherance of a drug trafficking crime;
- Sair Calderon-Pacheco; and
- Joaquin Reyes-Guillen, a/k/a Aviel Cabrera-Hernandez.
The indictment was returned on March 28, 2018. Solano-Garcia, Gerardo Calderon-Pacheco, Solano-Salas, Camilo, Barajas-Ramirez, Pacheco-Penaloza, and Pacheco-Torres were arraigned on April 6, 2018. Pacheco-Solano, Calderon-Pacheco, and Reyes-Guillen have yet to be arraigned.
Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
This case is being investigated by the Drug Enforcement Administration, the Atlanta-Carolina High Intensity Drug Trafficking Program, and the following agencies: U.S. Immigration and Customs Enforcement, U.S. Department of State, DeKalb County High Intensity Drug Trafficking Area Unit, Georgia State Patrol, Gwinnett County Police Department, and the Franklin County Sheriff’s Department.
Special Assistant U.S. Attorney Nicholas N. Joy is prosecuting the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.Former Union General Hospital CEO, ER director, and Blairsville physician indicted for illegally prescribing and obtaining prescription pain pillsRead the Press Release
GAINESVILLE, Ga. - John Michael Gowder, Dr. David Gowder, and Dr. James Heaton, have been indicted as part of Operation SCOPE on federal charges for illegally prescribing and obtaining thousands of doses of prescription pain medications outside the usual course of professional medical practice and for no legitimate medical purpose. They are expected to appear in federal court in Gainesville, Georgia to be arraigned on the charges on April 9, 2018.
“These defendants allegedly abused their positions as medical professionals to obtain illegitimately thousands of doses of prescription pain medications and now face serious federal charges,” said U.S. Attorney Byung J. “BJay” Pak. “The Department of Justice is committed to fighting the opioid epidemic through the aggressive investigation and prosecution of licensed medical practitioners who abuse their positions of trust to engage in illegal conduct.”
“Americans rely on healthcare providers, many of whom are medical doctors, to use their training to help patients and to ‘do no harm.’ The physicians and the hospital CEO in this case violated the law and betrayed their responsibilities by unlawfully obtaining and dispensing prescription opioids,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “The moment these individuals decided to engage in this criminal behavior, they became nothing more than traditional drug traffickers. DEA, its law enforcement partners and the U.S. Attorney’s Office are committed to stemming the tide against the current opioid epidemic.”
According to U.S. Attorney Pak, the indictment, and other information presented in court: From 2011 to 2015 John Michael “Mike” Gowder was the Chief Executive Officer of Union General Hospital in Blairsville, Dr. David Gowder was the Emergency Room Director at Union General, and Dr. James Heaton operated a family practice clinic in Blairsville, Georgia.
Mike Gowder and Dr. David Gowder allegedly conspired together to illegally obtain oxycodone, hydrocodone, and alprazolam. Dr. David Gowder unlawfully obtained these controlled substances from patients that he treated at the hospital. He also illegally issued prescriptions for oxycodone, hydrocodone, and alprazolam in the names of his and Mike Gowder’s family members, existing hospital patients, and fictitious patients. The prescriptions were issued outside the usual course of professional practice and Mike Gowder and Dr. David Gowder knew the drugs obtained with the prescriptions were not intended for the persons for whom the prescriptions were allegedly written. The drugs obtained with the illegal prescriptions were not for any legitimate medical purpose.
Dr. David Gowder would direct Union General Hospital employees to fill the prescriptions at local pharmacies. He would provide cash to the employees to pay for the drugs and would direct the employees to return the drugs they obtained to him. Mike Gowder used his position as the chief administrator at Union General Hospital to fire hospital employees who tried to expose Dr. David Gowder’s illegal prescribing and obtaining of oxycodone, hydrocodone, and alprazolam. He also used his position to intimidate other employees into concealing Dr. David Gowder’s unlawful acquisition of controlled substances.
Between April 2013, and April 2015, Dr. David Gowder issued at least 19 illegal prescriptions for oxycodone pills, 21 illegal prescriptions for hydrocodone pills, and five illegal prescriptions for alprazolam pills, including by forging the names of other physicians.
Dr. Heaton illegally prescribed oxycodone and other controlled substances to Mike Gowder, Mike Gowder’s family members, and others, knowing that the prescriptions were issued outside the usual course of professional practice and that the pills obtained with the prescriptions had no legitimate medical purpose. Dr. Heaton violated standards of medical practice by prescribing thousands of doses of oxycodone and other controlled substances to Mike Gowder, Mike Gowder’s family members, and others without adequately documenting the medical need for the prescriptions in patient files and without monitoring patient abuse of the pills they obtained.
Mike Gowder obtained oxycodone by fraud, subterfuge, and deception by filling the illegal prescriptions that Dr. Heaton issued for oxycodone at different pharmacies in Georgia, Tennessee, and North Carolina in an effort to conceal the large numbers of oxycodone pills that Dr. Heaton was prescribing to him.
Between May 1, 2013, and June 16, 2015, Dr. Heaton wrote at least 74 illegal prescriptions for oxycodone to Mike Gowder. In addition to filling the prescriptions at pharmacies in Georgia, Mike Gowder often travelled to North Carolina and Tennessee to fill multiple prescriptions a month at pharmacies in those states. On multiple occasions, Dr. Heaton wrote two prescriptions for oxycodone for Mike Gowder on the same day. On other occasions, Mike Gowder would travel to North Carolina to fill one prescription and Tennessee to fill the second prescription to conceal the fact that multiple prescriptions were written to him on the same day.
Oxycodone and hydrocodone are powerful pain medications that are listed as controlled substances under federal law because each has a high potential for psychological and physical abuse and dependence. Oxycodone, which may be combined with acetaminophen, is sold generically under brand names including Percocet, Endocet, Oxycontin, and Roxicodone. Hydrocodone is sold generically or under brand names including Lortab, Vicodin, and Norco. Alprazolam is commonly prescribed to treat anxiety. It is sold generically and under the brand name Xanax.
John Michael Gowder, 60, Dr. David Gowder, 61, and Dr. James Heaton, 61, all of Blairsville, Georgia, are expected to be arraigned April 9, 2018, at the federal courthouse in Gainesville, Georgia. Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove each defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Drug Enforcement Administration, and members of the Union County (Georgia) Sheriff's Office, Cherokee County (North Carolina) Sheriff’s Office, Georgia Drugs and Narcotics Agency and Zell Miller Mountain Parkway Drug Task Force.
Assistant U.S. Attorneys William L. McKinnon, Jr., and Laurel R. Boatright are prosecuting the case.
The U.S. Attorney’s Office for the Northern District of Georgia is Strategically Combatting Opioids through Prosecution and Enforcement (SCOPE). We also recommend parents and children learn about the dangers of drugs at www.justthinktwice.gov.
For further information, please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former City of Atlanta official indicted on federal bribery, money laundering, obstruction and tax fraud chargesRead the Press Release
ATLANTA - Mitzi Bickers has been arraigned on 11 federal charges including conspiring to commit bribery, wire fraud, money-laundering, federal obstruction and tax fraud. Bickers was indicted by a federal grand jury on March 27, 2018.
“City of Atlanta contracts always should go to the most qualified bidder through a contracting process that is fair and transparent,” said U.S. Attorney Byung J. “BJay” Pak. “Instead, Mitzi Bickers allegedly conspired to use her influence as a high-ranking City of Atlanta official and later as a connected political consultant to steer lucrative city contracts to Elvin R. Mitchell, Jr., Charles P. Richards, Jr., and their companies through bribery. The illicit arrangement netted over $2 million in bribes for Bickers and almost $17 million in city contracts for Mitchell and Richards, and has shaken the public’s trust in the city’s contracting process.”
“The actions of Bickers, alleged in this indictment, traded the public’s trust in a fair bidding process for personal gain,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “The FBI and its partners in law enforcement will not tolerate those who choose to try to influence established and proper government procedures.”
“Public officials need to be reminded of the trust and duty bestowed upon them by the taxpayers to serve the public’s interest not their own,” said Thomas J. Holloman, Special Agent in Charge, IRS-Criminal Investigation. “When public officials and those seeking to do business with them break this trust by committing fraud, they will be charged to the fullest extent of the law.”
According to U.S. Attorney Pak, the charges, and other information presented in court: As the City of Atlanta’s Director of Human Services and after leaving employment with the city, Bickers allegedly conspired with contractors Elvin R. Mitchell, Jr. and Charles P. Richards, Jr. to accept bribe payments for herself and other public officials in exchange for the her agreement to obtain city contracts for Mitchell’s and Richards’ companies. Both Mitchell and Richards have pleaded guilty to paying bribes to Bickers and are currently serving federal prison sentences for their crimes.
In 2009, Bickers worked on the mayoral campaign and began working for the City of Atlanta after the election. From February 2010 to May 22, 2013, Bickers served as the City of Atlanta’s Director of Human Services. Beginning in 2010, Mitchell and Richards agreed to pay bribes to Bickers to secure profitable City of Atlanta contracts for their businesses. At times, the bribe payments allegedly were referred to as “up-front money.” In reality, Mitchell and Richards often paid Bickers when their companies actually received City of Atlanta contract work.
In exchange for the bribe payments, Bickers promised to represent Mitchell, Richards and their companies on matters relating to City of Atlanta contracting, even though she was a high-level city employee at the time. Bickers also allegedly provided Mitchell and Richards with sensitive contracting information during the critical time when they were bidding on city contracts. Between 2010 and 2013, Mitchell’s and Richard’s companies received multi-million dollar contracts with the city for snow removal, sidewalk repair and maintenance, and bridge reconstruction.
In effort to conceal her relationship with Mitchell and Richards, Bickers allegedly filed numerous false City of Atlanta Financial Disclosure Forms. For example, in 2011, Bickers swore under penalty of perjury that she had no financial relationships with any outside businesses, even though Mitchell’s and Richards’ companies paid her over $650,000 in that year. She used much of this money to purchase a $775,000 lakefront home in Jonesboro, Georgia, making a down payment of over a half million dollars. In that same year, Bickers also allegedly claimed on her taxes that she made only $57,896 as a city employee, resulting in a $3,924 tax refund from the IRS.
In 2013, Bickers’ financial ties to the Pirouette Companies came to light and Bickers resigned her position with the City of Atlanta. After her resignation, Bickers, Mitchell, and Richards allegedly continued the bribery scheme. For example, Bickers helped Mitchell secure a multi-million dollar contract for snow and debris removal work after a snowstorm locked down Atlanta in 2014. In turn, Mitchell paid Bickers and companies associated with her hundreds of thousands of dollars in bribes. Bickers spent the proceeds of the bribery at stores like Gucci and on expensive vacations, home renovations, four Yamaha WaveRunners, a sports utility vehicle and an ATV. Bickers is also charged with money laundering for purchasing an SUV and four WaveRunners with bribery proceeds from an account held by the Bickers Group, which was her political consulting company.
Ultimately, between 2010 and 2015, Mitchell and Richards allegedly paid Bickers and companies associated with her over $2 million in an attempt get City of Atlanta contracts through bribery. In this same period, the City of Atlanta paid Mitchell’s and Richards’ businesses approximately $17 million for the government contracts they secured.
In September 2015, Mitchell began cooperating with FBI’s investigation into corruption at City Hall. On September 11, 2015 at approximately 5:30 a.m., Shandarrick Barnes threw a concrete block reading “ER, keep your mouth shut!” through a plate glass window in Mitchell’s home. Bickers is alleged to have played a role in this attempt to obstruct the federal investigation. Barnes will be sentenced by District Court Judge Steven C. Jones on April 9, 2018.
Mitzi Bickers, 51, of Atlanta, Georgia, was arraigned today before U.S. Magistrate Judge Russell G. Vineyard. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the FBI and Internal Revenue Service Criminal Investigation.
First Assistant U.S. Attorney Kurt R. Erskine and Assistant U.S. Attorney Jeffrey W. Davis are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Bickers IndictmentWith tax filing deadline on the way, beware of scamsRead the Press Release
ATLANTA - The deadline for individuals to file their tax returns is quickly approaching. Most will file their taxes and await their refund with no issues or concerns. However, some may encounter an unexpected impediment – an unscrupulous return preparer who took advantage of them, or their identity was stolen and a tax refund has already been claimed in their name by a thief.
“Unfortunately, criminals use tax season to prey on unsuspecting taxpayers,” said U.S. Attorney Byung J. “BJay” Pak. “Remember to be diligent in your tax preparation and beware of offers that sound too good to be true.”
“With the April 17th tax deadline forthcoming, it is important for people to have confidence that when they pay and file their taxes, their fellow Americans are doing the same,” said Thomas J. Holloman, Special Agent in Charge, IRS Criminal Investigation. “During these times, every citizen and taxpayer must stay vigilant and aware of the various tax schemes being perpetrated in order to safeguard their identities from being compromised.”
The U.S Attorney’s Office for the Northern District of Georgia, along with IRS-Criminal Investigations and other law enforcement partners, is actively engaged in combating tax preparing cheats and identity thieves. The following cases highlight some of the work done by the U.S. Attorney’s Office and its law enforcement partners over the past year relating to tax fraud.
Anthony Adewale Oloko and Temilola M. Brown
Anthony Adewale Oloko used stolen taxpayer personally identifiable information (PII) to file fraudulent tax returns with the IRS and then directed the tax refunds into fraudulently opened bank accounts. Between February 2014 and February 2017, Oloko filed 139 fraudulent returns totaling $886,895 in refunds. Of these 139 filed returns, nine refunds were actually issued by the IRS, totaling $27,129. The remainder of the fraudulent returns were successfully flagged by IRS systems.
Temilola M. Brown, who worked with Oloko opened a fraudulent bank account using a false name and identification. The investigation revealed that five fraudulent refunds totaling $37,320 were attempted to be directed into that account, but only one refund in the amount of $9,472 was actually deposited into the account. In addition, surveillance footage revealed Brown withdrawing money from ATMs in Mableton and Cumberland, Georgia.
Anthony Adewale Oloko was sentenced on February 12, 2018, to four years and three months in prison. Temilola M. Brown was sentenced on February 13, 2018, to one year and one day in prison, in connection with a scheme to use stolen taxpayer PII to file fraudulent tax returns with the IRS and then direct the tax refunds into fraudulently opened bank accounts. Both Oloko and Brown had previously pleaded guilty to theft of public money charges, and Oloko also pleaded guilty to one count of aggravated identity theft.
This case was investigated by Treasury Inspector General for Tax Administration (TIGTA), and Assistant U.S. Attorney Michael Herskowitz prosecuted the case.
Leshanda Hunte and Raphael Menard
On February 16, 2018, Leshanda Hunte was convicted by a jury of one count of conspiracy to commit theft of government money and five counts of theft of government money. Hunte's husband, Raphael Menard, was also charged in the case. He pleaded guilty to conspiracy to commit theft of government money in January 2018.
Hunte and Menard operated a tax refund scheme that involved filing false federal tax returns using the names and Social Security numbers of real people, but with false financial information that created the impression that the filer was owed a sizeable refund. The tax victims were elderly, disabled, and in some cases had died before the returns were filed. The IRS then issued tax refunds, every penny of which made its way to four bank accounts opened by Hunte and Menard in Dunwoody, Georgia. Using this scheme, Hunte and Menard stole more than $100,000 in tax refunds in just two months in the fall of 2012, although the evidence at trial established that the tax refund scheme had been operating at least as early as November 2011. The bank account activity showed that Hunte and Menard used the stolen tax refund money to finance their own lifestyle, including expenditures for rent, travel and expensive restaurants.
The tax refund scheme unraveled after astute employees at the bank noticed the suspicious refund activity and froze the Hunte-Menard accounts. When three bankers told Hunte why they froze the accounts, Hunte responded that she was a tax preparer and that the refund checks belonged to her “clients.” The bankers told Hunte that she would have to bring each client into the bank to sign a release before the bank could pay out the money. A few days later Hunte brought a man into the bank whom she presented as a client; in reality, the man was her cousin and roommate. After being deceived, the bank gave Hunte $8,573 in cash. Two days later, Menard went to the bank and tried the same trick. This time, however, a banker noticed that the third party presented a fake ID and she called the Dunwoody Police Department, who arrested Menard and the other man.
Hunte, 34, and Menard, 32, of Marietta, Georgia, will be sentenced before U.S. District Court Judge William S. Duffey, Jr., on May 8, 2018. Hunte and Menard each face a maximum of five years’ imprisonment for their conspiracy convictions. Hunte also faces an additional sentence of up to ten years' imprisonment for each of the five substantive theft convictions.
This case is being investigated by the Internal Revenue Service Criminal Investigation, with valuable assistance from the U.S. Postal Inspection Service.
Assistant U.S. Attorneys Trevor Wilmot and Samir Kaushal are prosecuting the case.
Calvin C. Barnes, Sharon Ceacal, Kenneth Cottrell, Zechariah Daniel, Derrick Lawson, Reynolds Scott III, Anthony Shivers and Calvin C. Williams
Eight members of a large Atlanta-based tax fraud and money laundering conspiracy have been sentenced for their roles in stealing funds from the U.S. Treasury.
In 2009, 2010, 2011 and 2012, members of the conspiracy filed and caused to be filed over 100 fraudulent corporate tax returns, claiming $35 million in refunds for fuel taxes falsely claimed to have been paid on fuel purchased for off-road company vehicles. The IRS actually paid the co-conspirators over $5.6 million from those falsely claimed tax refunds, before those losses were stopped at the time of the first arrest in this investigation in May 2012. The false claims were made in the names of hijacked corporations and shell companies, none of which used off-road vehicles or paid the fuel tax claimed for refund.
Kenneth Cottrell, who has worked as a tax preparer, was personally involved in the preparation of some of the fraudulent returns. Calvin L. Barnes, Sharon Ceacal, Zechariah Daniel, Derrick Lawson, Reynolds Scott III and Calvin C. Williams were primarily involved with negotiating the fraudulently obtained refund checks and distributing the proceeds to coconspirators. Anthony Shivers assisted his brother Charlie Shivers III with whatever needed to be done in the conspiracy.
U.S. District Judge Thomas W. Thrash imposed sentences on the eight defendants, who had all pleaded guilty, as follows:
•Calvin L. Barnes, a/k/a “Big Cal”, 36, of Forest Park, Georgia, was sentenced to one year and one day in prison.
•Sharon Ceacal, 51, of Warner Robins, Georgia, was sentenced on August 2, 2017 to a year and a day in prison.
•Kenneth Cottrell, 33, of Atlanta, Georgia, was sentenced on July 31, 2017 to six months in prison.
•Zechariah Daniel, a/k/a “Zech”, a/k/a “Leroy Harris”, 36, of Atlanta, Georgia, was sentenced on August 2, 2017 to two years, four months in prison.
•Derrick Lawson, 43, of Lithonia, Georgia, was sentenced on August 3, 2017 to one year, six months in prison.
•Reynolds Scott III, 49, of Atlanta, Georgia, was sentenced on August 2, 2017 to four months in prison.
•Anthony Shivers, 47, of Lovejoy, Georgia, was sentenced on May 1, 2017 to three years, five months in prison.
•Calvin C. Williams, a/k/a “Lil’ Cal”, 48, of Smyrna, Georgia, was sentenced on August 2, 2017 to 10 months in prison.
This case was investigated by the IRS Criminal Investigation, the U.S. States Secret Service, and Assistant U.S. Attorney Alana R. Black prosecuted the case.
Jahmir Antoine Robinson
From April 2011 through April 2012, Jahmir Robinson ran a scheme to defraud the United States by filing false federal income tax returns using stolen identities. Robinson obtained personal identity information, including names, Social Security numbers, and dates of birth, of true individuals to file federal tax returns without their authorizations. To circumvent IRS checks and balances, Robinson obtained Employer Identification Numbers (EINs) from the IRS for 17 individual corporations and filed fictitious Forms 944 so that the IRS database would automatically match employer income tax withholdings against the individual returns.
In total, Robinson used the stolen identities and EINs to file 153 fraudulent individual tax returns with the IRS for tax years 2010 and 2011. Robinson caused the IRS to disburse refunds to an account he controlled. As a result of the scheme, Robinson caused a tax loss totaling $409,114.27.
Jahmir Antoine Robinson, 35, of Lithonia, Georgia, was sentenced by U.S. District Judge Leigh Martin May to four years, six months in prison in federal prison, four years of supervised release, and ordered to pay $240,033.33 in restitution. He was convicted on these charges on November 8, 2017, after he pleaded guilty. Robinson was sentenced for running a stolen identity refund fraud (SIRF) scheme after he stole the identities of 153 people, and caused a tax loss of approximately $409,000.
This case was investigated by the IRS Criminal Investigation, and Assistant U.S. Attorney Bernita B. Malloy prosecuted the case.
Kim Earlycutt, Shannon King, and Marcia Farmer
Three defendants, Kim A. Earlycutt, Shannon A. King, and Marcia Farmer, obtained identity documents of foreign nationals and forged foreign identity documents in connection with their work at T&K Tax Services and More, which Earlycutt partially owned. Using these identity documents, the defendants submitted IRS W-7 forms to get individual taxpayer identification numbers (ITINs). The defendants then created false and fraudulent tax claim forms, specifically Forms 1040, or individual income tax returns, using these ITINs. Included with these Forms 1040 were falsified W-2 forms, which had fraudulent employer information, income, withholding amounts, and deduction amounts.
The defendants filed the fraudulent tax returns with the IRS, by mailing them and by using T&K’s electronic filing number. The tax returns all contained requests for refunds which were not actually due. The defendants enriched themselves by retaining a portion of the tax refunds that had been fraudulently obtained, including in some instances the entire refund. In all, they sought refunds in excess of $7 million and actually received over $5 million in fraudulent refunds. They used these fraudulent funds to pay personal expenses, including paying their personal automobile insurance. One defendant, Kim Earlycutt, used the fraudulent funds for gambling.
Kim A. Earlycutt, 54, of Covington, Georgia, was sentenced on August 25, 2017, to nine years in prison and ordered to pay restitution in the amount of $5,222,634.
Shannon A. King, 37, of Lithonia, Georgia, was sentenced on August 24, 2017, to four years, six months in prison and ordered to pay restitution in the amount of $2,596,169.
Marcia Farmer, 51, of Snellville, Georgia, was sentenced on August 29, 2017, to one year, six months in prison to be followed by nine months of home confinement and was ordered to pay restitution in the amount of $3,370,811.
All three were sentenced by U.S. District Judge Leigh Martin May.
This case was investigated by Internal Revenue Service Criminal Investigation, the U.S. Postal Inspection Service, and the U.S. Secret Service.
Assistant U.S. Attorney Christopher J. Huber prosecuted the case.
Shamil Dean
Tax preparer, Shamil Dean was sentenced to two years in prison for her role in stealing fraudulently obtained tax refunds payable to another person. Dean maintained two bank accounts into which she deposited $147,318.64 through electronic deposits and paper U.S. Treasury checks. These funds were fraudulently obtained tax refunds, from returns filed in the names of identity theft victims. Dean transferred or withdrew the proceeds from the fraudulent refunds shortly after depositing them.
On May 3, 2017, U.S. District Judge Leigh Martin May sentenced Dean to two years in prison. Dean was also ordered to pay $110,773.55 in restitution. Dean had pleaded guilty to a single count of aggravated identity theft on February 22, 2017.
The case was investigated by IRS Criminal Investigation, and Assistant U.S. Attorney Alana R. Black and David M. Zisserson and Charles M. Edgar of the Department of Justice, Tax Division prosecuted the case.
Gianna C. Liady
Gianna C. Liady co-owned K-1 Financial, a tax return preparation firm operating in Atlanta, Georgia. In November 2017, Liady pleaded guilty to a one-count Information charging her with assisting in the preparation and filing of a false federal income tax return. Liady prepared and filed false tax returns on behalf of K-1 Financial’s customers causing a tax loss to the United States of approximately $197,506.
U.S. District Court Judge Eleanor L. Ross sentenced Liady to serve one year, three months in prison and to pay restitution in the amount of $197,506.
This case was investigated by IRS Criminal Investigation.
Assistant U.S. Attorney Bernita B. Malloy and Trial Attorney Sean Beaty of the Justice Department’s Tax Division prosecuted the case.
Go to https://www.irs.gov/ and click on 2018 Dirty Dozen for more on tax schemes.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Metro-Atlanta travel agency operators charged with fraud schemeRead the Press Release
ATLANTA – Elisabeth Greenhill and Jonathan Greenhill have been charged for running a fraud scheme that targeted faith-based and humanitarian groups conducting mission work overseas.
“These defendants allegedly lined their pockets with money that a number of groups had raised to conduct charitable work overseas,” said U.S. Attorney Byung J. “BJay” Pak. “Fraud schemes that target faith-based and humanitarian groups continue to grow in number and complexity. Charitable groups should always make certain that a reputable business is helping them make arrangements for their mission work.”
“There are many people who suffered from this alleged fraud, including the needy, the generous groups who volunteer their time and money, and the travel agencies who provide the means for the good work to reach the needy,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “The FBI will always make it a priority to prosecute anyone who tries to take advantage of the generosity and kindness of our citizens.”
According to U.S. Attorney Pak, the charges, and other information presented in court: Elisabeth Greenhill and Jonathan Greenhill operated “Mission Trip Airfare,” a travel agency that specialized in booking trips for faith-based and humanitarian groups conducting mission work overseas. Mission Trip Airfare typically purchased tickets from other travel agencies for its customers.
The indictment alleges that beginning in 2015, the defendants accepted funds from faith-based and humanitarian groups for tickets but failed to send these funds to the travel agencies doing business with Mission Trip Airfare. Instead of paying the travel agencies, the defendants used the client funds for their own personal benefit. Once the travel agencies threatened to stop doing business with Mission Trip Airfare, the defendants began using new customer funds to pay down the outstanding balances with the travel agencies. During this timeframe, the defendants also continued to use customer funds for their own personal benefit. After the faith-based and humanitarian groups started to complain about not receiving tickets, the defendants falsely stated that Mission Trip Airfare was in the process of issuing refunds. The indictment further alleges that the defendants continued to misappropriate customer funds even after the faith-based and humanitarian groups contacted them asking for refunds.
The defendants’ fraud scheme allegedly caused the travel agencies and the faith-based and humanitarian groups to lose hundreds of thousands of dollars, the vast majority of which the defendants allegedly used for their own personal benefit.
Elisabeth Greenhill, 55, of Roswell, Georgia was arraigned today before U.S. Magistrate Judge Russell G. Vineyard. Jonathan Greenhill, 48, of Atlanta, Georgia has not yet been arraigned.
Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
This case is being investigated by the FBI.
Assistant U.S. Attorney Thomas J. Krepp is prosecuting the case.
Members of the public who believe they were impacted by this scheme are encouraged to contact the FBI at (404) 679-9000.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Atlanta man pleads guilty to distributing LSD and DMT in Gainesville, GeorgiaRead the Press Release
GAINESVILLE, Ga. - Brandon Eugene Williams has pleaded guilty to distributing the hallucinogenic drugs LSD and dimethyltryptamine (“DMT”) to an FBI informant on two occasions.
“This defendant willingly distributed almost 200 hits of LSD and quantities of DMT to an FBI informant,” said U.S. Attorney Byung J. “BJay” Pak. “These drugs are very dangerous if ingested. We will continue to vigorously investigate and prosecute individuals who distribute these drugs.”
“Every time we put a drug dealer in prison, it makes our communities a bit safer,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “Hopefully, Williams sentence will give him time to think about changing his direction in life.”
According to U.S. Attorney Pak, the charges and other information presented in court: Brandon Eugene Williams and another individual met with an FBI informant on April 13, 2017, to discuss distributing DMT and other drugs. It was at that meeting that he gave the informant a sample of DMT.
On June 4, Williams advised the informant that he had a sheet of LSD hits to sell. Later, on June 6, he sold the informant a sheet containing 97 hits of LSD and another quantity of DMT. Then in early July, Williams and the informant discussed a second deal for LSD and DMT. Later that month, on July 19, Williams delivered to the informant another 100 hits of LSD and more DMT. After the informant advised surveillance agents that the drugs had been received, the agents arrested Williams.
Sentencing for Brandon Eugene Williams, 31, of Atlanta, Georgia, has not yet been scheduled. Williams pleaded guilty March 29, 2018.
This case is being investigated by the FBI and members of the North Georgia Major Offenders Task Force (NGMOTF). The NGMOTF is a FBI led, Safe Streets Task Force, with members from the Cherokee County Sheriff’s Office, Gainesville Police Department, Georgia Bureau of Investigation, Hall County Sheriff’s Office, and Lumpkin County Sheriff’s Office.
Assistant U.S. Attorney William L. McKinnon, Jr. is prosecuting the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Two men indicted on drug charges for transporting more than 150 kilograms of cocaine to GeorgiaRead the Press Release
NEWNAN, Ga. - Abubakar Sakapala and Alick Banda have been charged by a federal grand jury with drug conspiracy and possession charges for transporting cocaine from Texas to Georgia in a tractor-trailer. Their scheme was uncovered during a general motor carrier compliance inspection on Interstate 20 in Haralson County, Georgia.
“Sakapala and Banda allegedly transported cocaine to Georgia with a street value of approximately $5.8 million,” said U.S. Attorney Byung J. “BJay” Pak. “However, thanks to the efforts of our law enforcement partners, these defendants were stopped before they had a chance to deliver this poison to our streets.”
“This cocaine posed a clear and present danger to the citizens of this country, however, because of great police work these drugs will never reach the intended consumer,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “The successful prosecution of this case illustrates that fruitful results can be achieved through the cooperative efforts of federal, state and local law enforcement.”
According to U.S. Attorney Pak, the indictment, and other information presented in court: On March 13, 2018, Georgia State Patrol (“GSP”) stopped a tractor-trailer traveling along Interstate 20 in Haralson County, Georgia for a general motor carrier compliance inspection. Sakapala was driving the tractor-trailer at the time. GSP found Banda allegedly attempting to hide in the sleeper compartment of the tractor by laying under some covers.
GSP questioned Sakapala, who gave them inconsistent statements about how he had acquired the tractor-trailer. GSP examined Sakapala’s driver’s log and noticed he falsely reported that he was off duty at the time of the stop. GSP also questioned Banda, who told them he had driven the tractor-trailer during parts of the trip.
Upon obtaining consent to search the tractor and trailer, GSP opened the trailer and immediately observed that the back wall of the trailer was made out of plywood. GSP removed the plywood and found a concealed compartment, or “trap,” with a sheet metal door. From the trap, GSP removed seven bags, which contained approximately 152 individually wrapped kilogram-sized bundles of cocaine. The approximate street value of this cocaine is $5.8 million. DEA agents were called to the scene to seize the drugs, taking Sakapala and Banda into custody.
Abubakar Sakapala, 40, of Calverton, Maryland, and Alick Banda, 27, of Richardson, Texas have been charged by a federal grand jury with drug conspiracy and drug possession charges for transporting cocaine from Texas to Georgia in a tractor-trailer. Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
This case is being investigated by the Drug Enforcement Administration.
Assistant U.S. Attorney DeLana Jones is prosecuting the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Atlanta drug dealer charged under Operation SCOPE for distributing heroin that resulted in an overdose deathRead the Press Release
ATLANTA – Donquell Weddington has been indicted on federal charges of distributing heroin to an individual which resulted in serious injury and death, as well as three additional counts of distributing heroin and cocaine in 2017 and 2018. This case was presented as part of Operation SCOPE.
“Weddington’s alleged heroin distribution led to a drug overdose which resulted in a death in our community,” said U.S. Attorney Byung J. “BJay” Pak. “Operation SCOPE does not just apply to those who prescribe opioids, it also targets drug traffickers who allegedly distribute heroin, fentanyl, or opioids that cause death or serious injury to users. We have a zero tolerance for those who destroy lives through the distribution of drugs like heroin.”
“In this case, the death of a person addicted to heroin strikes at the core of this country’s opioid epidemic,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “Donquell Weddington allegedly provided the victim in this case with a deadly dose of heroin. The mission of DEA is unwavering--we combat drug traffickers by investigating and prosecuting those who criminally distribute drugs, which ultimately cause immeasurable damage and even death to those in our communities. This case is a perfect example of how the law enforcement community and the U.S. Attorney’s Office work together to remove such criminals from its streets.”
“The Georgia Bureau of Investigation is proud to partner with local, state, and federal agencies in battling the opioid/heroin epidemic,” said GBI Director Vernon Keenan. “This indictment serves as notice that drug dealers will be held accountable for the consequences of the dangerous drugs they sell.”
“We will not stand by and allow these criminals distributing drugs throughout our city to do so unchecked,” said Atlanta Police Chief Erika Shields. “The relationship we have with our local, state and federal partners is invaluable and with them, we will continue the fight against the distribution of dangerous drugs in our communities.”
According to U.S. Attorney Pak, the charges, and other information presented in court: On the morning of April 10, 2017, Donquell Weddington allegedly sold heroin to an individual after days of negotiating the deal by telephone. Later that day, the buyer suffered a drug overdose in the lobby of an office building in the Buckhead area of Atlanta, Georgia. Paramedics transported the person to Piedmont Hospital where the individual was treated for symptoms related to a heroin overdose.
The person was released from the hospital later that evening, and proceeded to Hartsfield-Jackson Atlanta International Airport intent on catching a flight to New York. Instead, the individual collapsed in the T-Gate Concourse of the airport and died the following morning from a heroin overdose.
Months later, Weddington allegedly sold heroin and cocaine on three separate occasions in the Northern District of Georgia.
Donquell Weddington, 24, of Atlanta, Georgia, will be arraigned at a later date. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the DEA, the Georgia Bureau of Investigation, and the Atlanta Police Department.
Assistant U.S. Attorney Nicholas Hartigan is prosecuting the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Gainesville men convicted of distributing crack cocaineRead the Press Release
GAINESVILLE, Ga. – Twin brothers Kecole Dukes and Kemeca Dukes have been convicted of conspiracy to distribute and distribution of crack cocaine. Both Dukes’ were on parole having recently served a sentence for selling crack cocaine.
“Crack cocaine is still a scourge in our communities,” said U.S. Attorney Byung J. “BJay” Pak. “These defendants are career offenders, and have multiple convictions for distributing crack cocaine in the past. “They are now facing lengthy sentences in federal prison where there is no parole.”
“Removing drugs and the criminals who illegally deal in them has a positive impact in our communities and contributes to stabilizing those areas which are more susceptible to violent criminal activity,” said ATF Atlanta Special Agent in Charge Arthur Peralta. “This sentence should serve as a deterrent to those who destroy their communities by flooding their streets with drugs. Our communities have had enough and it’s though collaborations with our federal, state, local, and community partners that we can have a positive and long lasting effect.”
“We appreciate the efforts of the ATF and Hall County MANS Unit in investigating and apprehending these individuals who continued to distribute crack cocaine into the Gainesville community after having been convicted multiple times on drug offenses,” said Northeastern Judicial Circuit District Attorney Lee Darragh. “We would also like to thank the jurors for their service and verdict.”
According to U.S. Attorney Pak, the charges and other information presented in court: From August 2015 to October 2016, Kemeca Dukes and Kecole Dukes, who are twin brothers, conspired to sell crack cocaine on multiple occasions to informants working for ATF and the Hall County Multi-Agency Narcotics Squad (MANS) Unit. Kemeca Dukes was the primary contact for the informants and sold varying quantities of crack cocaine to them on 10 occasions. Kecole Dukes sold or provided crack cocaine to the informants on three occasions and acted as a lookout for his brother on other occasions when Kemeca Dukes met with the informants to sell them crack cocaine.
During the conspiracy both Kemeca Dukes and Kecole Dukes were on parole with the State of Georgia. Both were convicted in Hall County Superior Court in 2011, for selling crack cocaine and both were released in 2014. Both brothers were back selling crack cocaine less than a year later.
On March 23, 2018, Kemeca Dukes, 40, of Gainesville, Georgia pleaded guilty to one count of distributing crack cocaine. On March 29, 2018, Kecole Dukes, 40, also of Gainesville, Georgia was found guilty by a federal court jury of conspiring to possess with intent to distribute at least 28 grams of crack cocaine and distributing at least 28 grams of crack cocaine and three counts of distributing crack cocaine.
Sentencing for the Dukes’ has not yet been scheduled.
This case was investigated jointly by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Hall County MANS Unit.
Assistant U.S. Attorneys William L. McKinnon, Jr. and Erin E. Sanders and Special Assistant U.S. Attorney and Hall County Assistant District Attorney Juliet Aldridge prosecuted the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Four indicted in Home Depot ticket switching scamRead the Press Release
ATLANTA - Charles Blackman, a/k/a Ralph Jones, Stephanie Price, a/k/a Rhonda Johnson, Joseph Payne, and Quinton Williams have been arraigned on federal charges of conspiracy to commit wire fraud. Blackman, Price, Payne and Williams were indicted by a federal grand jury on March 20, 2018.
“Blackman and his accomplices allegedly conspired to ‘ticket switch’ and defraud Home Depot of merchandise valued in excess of $300,000,” said U.S. Attorney Byung J. “BJay” Pak. “Honest, hardworking citizens are the ones who ultimately pay the price for thieves who seek to steal from businesses.”
“This case illustrates not just the significance of an aggressive approach to combat this type of fraud, but it also illustrates the importance of partnerships,” said Kenneth Cronin, Special Agent in Charge of the U.S. Secret Service, Atlanta Field Office. “We will continue to work closely with prosecutors to ensure offenders like Blackman and his conspirators are put behind bars.”
According to U.S Attorney Pak, the charges, and other information presented in court: Blackman and his associates allegedly switched or altered the prices of merchandise by changing the Universal Product Code (UPC), so the items could be purchased at a lower price and then returned for the actual, higher retail price. They used false information and fake identifications to further their fraud. Their alleged scheme was to cheat Home Depot out of the hundreds of thousands of dollars to be made on the price difference after returning the merchandise.
Charles Blackman, a/k/a Ralph Jones, 58; Stephanie Price, a/k/a Rhonda Johnson, 51; Joseph Payne, 54; and Quinton Williams, 52, all of Atlanta, Georgia, were arraigned before U.S. Magistrate Judge Justin S. Anand. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges, and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the U.S. Secret Service. The Woodstock Police Department and Cherokee County District Attorney’s Offices contributed to this case.
Assistant U.S. Attorney Cassandra J. Schansman is prosecuting the case.
For further information, please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Orthopaedic and anesthesia providers to pay $3.2 million to settle false claim act allegationsRead the Press Release
ATLANTA - The U.S. Attorney’s Office for the Northern District of Georgia has announced that Georgia Bone & Joint (GBJ), Southern Bone & Joint a/k/a Summit Orthopaedic Surgery Center (Summit Surgery Center), Southern Crescent Anesthesiology, PC (SCA), Sentry Anesthesia Management, LLC (Sentry), and David LaGuardia (LaGuardia) agreed to pay $3.2 million to settle allegations that LaGuardia, Sentry, and SCA provided a free medical director to Summit Surgery Center in order to induce it to choose to perform more procedures at the surgery center rather than in the GBJ office; and that GBJ and LaGuardia caused the submission of false claims to Medicare for prescription drugs purchased outside of the United States and not approved by the U.S. Food and Drug Administration (FDA).
“Kickbacks should never play a role in medical decision-making,” said U.S. Attorney Byung J. “BJay” Pak. “It is critical to our health care system that patients seeking health care know that their providers’ recommendations are based on what is in the patient’s best interests and not influenced by illegal kickbacks or arrangements.”
“Decisions on where and how patients’ medical procedures are performed should never be made based on thinly veiled bribes, as was alleged in this matter,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Such alleged schemes will be aggressively investigated and prosecuted.”
“Abuses of the healthcare system destroy the basic trust between providers and patients, between taxpayers and government,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “The FBI and its federal partners make it a priority to make sure funds are not hijacked by those willing to misuse taxpayer dollars, thereby violating individuals who count on our healthcare programs for their medical needs.”
“This settlement sends a clear message to all healthcare providers that fraudulent activities intended to defraud federal benefit programs are a federal crime that carries serious consequences and will not be tolerated,” said U.S. Postal Service, Office of Inspector General Special Agent in Charge Imari Niles. “The USPS-OIG, along with our law enforcement partners, will continue to aggressively investigate those who engage in fraudulent activities intended to defraud federal benefit programs and the Postal Service.”
This civil settlement resolves a lawsuit filed in the U.S. District Court for the Northern District of Georgia by Sharon Kopko, former Practice Administrator for SBJ, under the qui tam, or whistleblower provisions of the False Claims Act. United States ex rel. Sharon Kopko v. Georgia Bone and Joint, et al., Civil Action No. 3: l 3-CV-067-TCB. Under the False Claims Act, private citizens may bring suit for false claims on behalf of the United States and share in any recovery obtained by the government; Ms. Kopko will receive a share of the settlement.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Department of Health & Human Services Office of Inspector General, the FBI and the U.S. Postal Service Office of Inspector General.
The civil settlement was reached by Assistant U.S. Attorneys Darcy Feuerzeig Coty and Neeli Ben-David.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
“135 Pirus” gang members indicted on murder in aid of racketeering and other chargesRead the Press Release
ROME, Ga. - Maurice Antonio Kent, Christopher Nwanjoku, Jamel Dupree Hughes, Cedric Sams, Jr., Jennifer Foutz, and Michael Kent, all members or associates of the street gang 135 Pirus, have been arrested on federal charges ranging from conspiracy to obstruct justice to murder in aid of racketeering. A federal grand jury returned the nine-count indictment on March 21, 2018, which was unsealed earlier today.
“Gangs, like the 135 Pirus drive violence in our communities and show no regard for human life,” said U.S. Attorney Byung J. “BJay” Pak. “The members and associates in this case were allegedly involved in a multitude of violent acts, including a murder, and are being prosecuted under our Project Safe Neighborhoods initiative aimed at stopping this very criminal activity.”
“It appears in this case that 135 Pirus gang members are willing to kill or violently assault someone for the smallest perceived sign of disrespect,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “The FBI led Safe Streets Gang Task Force, along with its local partners, will continue to devote significant resources to the task of dismantling violent gangs that do so much harm to our communities.”
“The residents of Bartow County benefit from this partnership which not only brings together local and federal resources to combat violent crime, but it also erases jurisdictional lines between agencies producing a maximum investigative effort. We are thankful to be a part of PSN and our community is safer because of this program,” said Bartow County Sheriff Clark Millsap
“The PSN strategy is proving itself once again to be effective in reducing gang violence and gun related crime,” said Chief Gary Yandura, Brookhaven Police Department. “The Brookhaven Police Department is proud to be the lead agency for this PSN grant aimed at strengthening our anti-gang strategy. Joining forces with Chamblee Police Department and the DeKalb County Police Department, as well as our federal partners and our research and prevention partners, has resulted in significant and strategic investigations such as this to ultimately reduce gang violence in our communities.”
“We are thankful for the communication and the relationships that are in place between our local and Federal partners. Gangs and criminal activity does not stop at jurisdictional lines. Criminals such as these will be identified and taken off the streets because of professional law enforcement agencies partnering together to combat gang activity,” said Acworth Police Chief Wayne Dennard.
According to U.S. Attorney Pak, the charges, and other information presented in court: The 135 Pirus gang originated in Compton, California, and expanded into the Northern District of Georgia, dividing itself into a Southside/Atlanta group, a Northside/North group, and a Northwest Georgia group. Leaders of the gang in Georgia maintain ties with the California gang leadership. The 135 Pirus are governed by a set of rules, codes, laws, and oaths, which, among other things, call for death of any gang member who cooperates with law enforcement.
To become a 135 Pirus member, a recruit, or a “550,” must be sponsored by an existing gang member. A potential new member is “jumped in” or physically beaten for 35 seconds by gang members. The gang also refers to this initiation as being “put on the hood.” All 135 Pirus members are required to “put in work,” meaning that they must engage in acts of criminal activity such as drug dealing and violence when ordered to do so by members of gang leadership. Members allegedly committed acts of violence, including murder, engaged in drug trafficking and other money making criminal conduct, to be promoted and maintain standing within the structure of the gang.
In the early morning hours of May 13, 2017, an argument occurred outside a Brookhaven, Georgia, nightclub. When a California-based high-ranking 135 Pirus gang member was supposedly disrespected, Maurice Antonio Kent allegedly fired multiple rounds into a crowd of people outside the club, wounding a gang member from another gang and a security guard. Maurice Antonio Kent was arrested by the Brookhaven Police Department at the scene. Soon thereafter, 135 Pirus gang members came to believe that the 17-year-old, a fellow 135 Pirus gang member, was talking to the police about the shooting.
On June 3, 2017, Christopher Nwanjoku , Jamel Dupree Hughes, Jennifer Foutz, and Cedric Sams Jr., allegedly devised a plan to lure the 17-year-old to Bartow County, Georgia, and then murder him. The 17-year-old’s body was later discovered lying on the side of a rural road in Bartow County.
On June 7, 2017, Hughes and Foutz encountered a member of another gang at a gas station in Acworth, Georgia. After words were exchanged, Hughes allegedly exited the passenger side of Foutz’s vehicle and shot the member of the other gang multiple times. Fortunately, undercover police officers were at the gas station on an unrelated case, and observed the shooting. During a short police pursuit, Hughes allegedly tossed the gun out of the car window. The gun was recovered and Hughes and Foutz were stopped and arrested.
The federal charges result from 135 Pirus gang-related crimes including the May 13, 2017 shooting, the June 4, 2017 murder, and the June 7, 2017 shooting. The defendants in this case are as follows:
- Maurice Antonio Kent, a.k.a. “Savage Duze,” 27, of Cartersville, Georgia, a leader of the 135 Pirus group based in Cartersville, is charged with two counts of Assault with a Dangerous Weapon in Aid of Racketeering, Discharge of a Firearm During a Crime of Violence, and Possession of a Firearm by a Convicted Felon, all related to the nightclub shooting.
- Christopher Nwanjoku, a.k.a. “Problem,” 25, of Lawrenceville, Georgia, a leader of the Northside 135 Pirus group based in Gwinnett County, is charged with Murder in Aid of Racketeering and Use of a Firearm in Furtherance of a Crime of Violence Resulting in Death, for his role in the 17-year-old’s murder.
- Jamel Dupree Hughes, a.k.a. “Savage,” 24, of Atlanta, Georgia, a 135 Pirus member, is charged with Murder in Aid of Racketeering, Use of a Firearm in Furtherance of a Crime of Violence Resulting in Death, Attempted Murder in Aid of Racketeering, and Discharge of a Firearm in Furtherance of a Crime of Violence, relating to the 17-year-old’s murder and the gas station shooting.
- Cedric Sams, Jr., a.k.a. “Awall,” 25, of Cartersville, Georgia, a member of Northwest Georgia 135 Pirus group, is charged with Murder in Aid of Racketeering and Use of a Firearm in Furtherance of a Crime of Violence Resulting in Death, for the 17-year-old’s murder.
- Jennifer Foutz, a.k.a. “Rose,” 25, of Acworth, Georgia, the “First Lady” of the Northwest Georgia 135 Pirus group, is charged with Murder in Aid of Racketeering, Use of a Firearm in Furtherance of a Crime of Violence Resulting in Death, Attempted Murder in Aid of Racketeering, and Discharge of a Firearm in Furtherance of a Crime of Violence, relating to the 17-year-old’s murder and the gas station shooting.
- Michael Kent, a.k.a. “Wikked,” 27, of Atlanta, Georgia, who is Maurice Antonio Kent’s twin brother, is charged with Conspiracy to Obstruct Justice.
Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
This case is being investigated by the FBI Safe Streets Gang Task Force with the assistance of the Bartow County Sheriff’s Office, Brookhaven Police Department, and Acworth Police Department.
Assistant U.S. Attorneys from the newly created Organized Crime and Gang Section of the U.S. Attorney’s Office for the Northern District of Georgia are prosecuting the case.
This case is brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga
Armed robber of Kay Jewelers sentencedRead the Press Release
ATLANTA - Cephos Leyon Jamal White, a/k/a Jamal, has been sentenced to ten years, one month in federal prison for the armed robbery of a jewelry store in Conyers, Georgia in April 2017.
“White robbed four jewelry stores at gunpoint, tied the employees up, and stole jewelry worth more than $1 million,” said U.S. Attorney Byung J. “BJay” Pak. “The cooperation between federal and local law enforcement ended this crime spree, and brought him to justice.”
“Thanks to the cooperation between our local and federal partners, White and his accomplice will be out of commission for a long time,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “Though the lives of the innocent victims they terrorized will never be the same, those victims can take solace in the fact White won’t be able to terrorize anyone else while he serves a lengthy sentence.”
“I am very proud of the efforts by our Detectives and the working relationship with the FBI and US Attorney’s Office in bringing these people to justice,” said Conyers Police Chief Gene Wilson. “We are pleased to bring the victims in this case, and others, a sense of security after such a harrowing robbery committed by these individuals.”
According to U.S. Attorney Pak, the charges and other information presented in court: On April 18, 2017, Cephos Jamal White and Sandrika Sears went to a Kay Jewelers store in Conyers posing as a couple interested in buying a ring. The couple wore hats and sunglasses to disguise their facial features and Sears wore a wig.
After White introduced the couple as “Jamal” and “Monae,” White pulled out a gun and Sears helped him bind the two store clerks with zip-ties. White’s and Sears’s criminal scheme netted the pair a cache of jewelry with a retail value of approximately $1.5 million.
Cephos Leyon Jamal White, a/k/a Jamal, 30, of Lawrenceville, Georgia, was sentenced by U.S. District Court Judge Steven C. Jones to ten years, one month in prison to be followed by five years of supervised release. White was convicted of these charges on December 12, 2017, after he pleaded guilty. Sandrika Sears also pleaded guilty on January 12, 2018, to the armed robbery of Kay Jewelers, but her sentencing hearing is pending.
This case was investigated by the FBI and Conyers Police Department.
Assistant U.S. Attorney Joseph Plummer prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
For further information, please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Accountant pleads guilty to embezzling from employerRead the Press Release
ATLANTA – Stantisha D. Kemp, an accounting manager who embezzled over $1.5 million dollars from her employer over a six-year period, has pleaded guilty to wire fraud.
“Accountants who lie, cheat, and steal threaten the financial solvency of businesses,” said U.S. Attorney Byung J. “BJay” Pak. “Businesses must remain vigilant against fraud – all too often the perpetrator is someone they know.”
“For several years, Kemp took advantage of her position of managing the company’s payroll,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “Her guilty plea should send a message that no matter your position, you cannot profit illegally, or violate the trust of the company who hires you.”
According to U.S. Attorney Pak, the charges and other information presented in court: From 2007 to 2013, Kemp served as a payroll and accounting manager of an Atlanta-based company that developed medical technology (“the company”). During that time, Kemp embezzled over $1.5 million dollars by falsifying payroll records sent to a third-party payroll processing company and instructing the payroll processor to direct deposit funds into her personal bank accounts on a monthly basis. She falsely instructed the payroll processing company that a doctor with the initials Y.H.J. was a company employee, and she further instructed the payroll processing company to direct deposit Y.H.J.’s salary payments into her personal bank accounts. She concealed her scheme by preparing a set of fabricated internal payroll records that made no mention of Y.H.J., who had not been employed by the company since early April 2010. Nonetheless, Y.H.J.’s unauthorized salary payments were deposited into Kemp’s personal bank accounts, month after month, until February 2013.
Sentencing for Stantisha Kemp, 40, of Atlanta, Georgia, is scheduled for June 11, 2018 at 11:00 a.m., before U.S. District Judge Steven C. Jones.
This case is being investigated by the FBI.
Assistant U.S. Attorney Kamal Ghali is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga
Armed career criminal sentenced to 25 years for violent carjackingRead the Press Release
ATLANTA – Jeff North, a previously convicted felon, has been sentenced to 25 years in federal prison for committing a violent carjacking and shooting the victim, and for unlawfully possessing a firearm.
“North callously shot the carjacking victim at close range when he refused to surrender his vehicle,” said U.S. Attorney Byung J. “BJay” Pak. “As a felon, with several prior convictions for violent crimes and drug offenses, North shows no regard for the rule of law, and contempt for law abiding citizens. This sentence will remove him from our streets and put him in federal prison where he will serve a lengthy sentence.”
“Jeff North is a convicted felon who will be off of our streets and unable to victimize anyone for a long time,” said Acting Special Agent in Charge John Schmidt. “He will no longer be in a position to possess or use firearms. The sentence imposed by the court guarantees that our community will be safe from Mr. North for a very long time.”
According to U.S. Attorney Pak, the charges and other information presented in court: On March 23, 2015, an Atlanta Police officer was on routine patrol when a person, who was later identified as the victim of a carjacking, flagged him down. The victim, whose shirt was soaked in blood, reported that someone had just shot him and stolen his van. The victim then pointed toward the van as it was fleeing the scene. The police officer stopped the van, and arrested North, who was driving the van at the time. Inside the vehicle, the officer found a revolver along with the victim’s wallet and identification.
At the time of the carjacking, North was a six-time convicted felon, with prior convictions for robbery, aggravated assault, aggravated battery, possession with intent to distribute heroin and cocaine, and possession of a firearm during the commission of a felony.
Jeff North, 54, of Atlanta, Georgia was sentenced to 25 years in prison to be followed by three years of supervised release. The court also ordered North to pay $36,010.71, in restitution. After a trial, a jury convicted North on December 7, 2017.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Atlanta Police Department.
Assistant U.S. Attorney Ryan J. Huschka prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Owner of Sharebeast.com sentenced for copyright infringementRead the Press Release
ATLANTA - Artur Sargsyan has been sentenced for the crime of criminal copyright infringement for private financial gain while operating a massive file-sharing infrastructure that distributed approximately 1 billion copies of copyrighted musical works through Internet downloads. Sargsyan’s file-sharing websites, which contained numerous pop-up advertisements, generated significant profit for him when visitors accessed the websites to illegally download copyrighted works.
“Sargsyan operated one of the most successful illegal music sharing websites on the Internet,” said U.S. Attorney Byung J. “BJay” Pak. “His reproduction of copyrighted musical works were made available only to generate undeserved profits for himself. The incredible work done by our law enforcement partners and prosecutors in light of the complexity of Sargsyan’s operation demonstrates that we will employ all of our resources to stop this kind of theft.”
“Mr. Sargsyan was warned several times that he was violating the law by illegally sharing copyrighted works, but chose to ignore those warnings,” said David J. LaValley, Special Agent in Charge of FBI Atlanta. “His sentence sends a message that no matter how complex the operation, the FBI, its federal partners and law enforcement partners around the globe will go to every length to protect the property of hard working artists and the companies that produce their art.”
According to U.S. Attorney Pak, the charges and other information presented in court: Artur Sargsyan owned and operated a number of websites including Sharebeast.com, Newjams.net, and Albumjams.com. From at least 2012 through 2015, Sargsyan illegally distributed and reproduced copyrighted works through Sharebeast.com. Using a network of websites that he owned and operated, including Newjams.net and Albumjams.com, Sargsyan created links to a wide swath of copyright-protected music that was stored on Sharebeast.com. Sharebeast illegally stored and distributed works from scores of artists, including Bruno Mars, Linkin Park, Pitbull, Pharrell Williams, Gwen Stefani, Maroon 5, Ariana Grande, Destiny’s Child, Ciara, Katy Perry, Beyonce, Jennifer Hudson, Kanye West, and Justin Bieber. Meanwhile, Sargsyan profited from the distribution of the copies of these copyrighted works.
According to the Recording Industry Association of America (“RIAA”), Sharebeast.com was the largest online file-sharing website specializing in the reproduction and distribution of infringing copies of copyrighted music operating out of the United States. From 2012 to 2015, the RIAA sent Sargsyan over 100 e-mails notifying him that Sharebeast.com was illegally hosting and sharing copyright-infringing works. Sargsyan continued, however, to make the copyright-infringing files available for download, disregarding the many warnings that he received. The RIAA conservatively estimated the total monetary loss to its member companies at $6.3 billion.
Artur Sargsyan, 30, of Glendale, California, was sentenced by U.S. District Judge Timothy C. Batten, Sr., to five years in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $458,200. He was also ordered to forfeit $184,768.87. Sargsyan was convicted on these charges on September 1, 2017, after he pleaded guilty.
This case was investigated by the FBI.
Assistant U.S. Attorneys Samir Kaushal and Kamal Ghali prosecuted the case. John Zacharia, formerly the Deputy Chief for Litigation for the Computer Crime and Intellectual Property Section, previously prosecuted the case. The prosecution reflects a coordinated effort by the U.S. Attorney’s Office for the Northern District of Georgia, the Department of Justice Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS), the Office of International Affairs, the FBI’s field offices in Atlanta, Denver, Chicago, and Los Angeles, and the U.S. Attorney’s Office for the Central District of California. Substantial assistance was provided by the United Kingdom’s National Crime Agency and the Ministry of Security and Justice in the Netherlands.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Fraudulent car dealer sentenced for aggravated identity theft and wire fraud conspiracyRead the Press Release
ATLANTA - Farran S. Campbell has been sentenced to four years and three months in federal prison for aggravated identity theft and conspiracy to commit wire fraud. As part of his fraud and deception, Campbell stole identities, took out fraudulent loans, claimed automobiles were for sale that he never possessed, and even claimed he was a physician.
“Campbell knew no limits on how far he would go to commit fraud, even committing it while charged with other crimes,” said U.S. Attorney Byung J. “BJay” Pak. “This defendant was especially conniving as he set up bogus businesses in the names of his victims, and then used those businesses to commit his loan fraud. With each new criminal who thinks they have developed a way to defraud, law enforcement is developing new techniques to catch them.”
“The sentence highlights the seriousness of the defendant’s conduct,” said Thomas J. Holloman, III, Special Agent in Charge, IRS Criminal Investigation. “If you steal someone’s identity and knowingly use it to commit financial fraud, you will be sentenced to a minimum of 2 years in prison. Identity theft is a pervasive problem in our country and IRS-CI will continue to make these cases an investigative priority when they involve the filing of false refund claims and other related financial frauds.”
According to U.S. Attorney Pak, the charges and other information presented in court: Farran Campbell carried out a loan fraud scheme involving fake car dealerships and aggravated identity theft. Campbell incorporated car dealerships under state law, using stolen identities. He then used the newly organized car dealerships to apply for lines of credit from commercial lenders who specialize in “floor plan” loans to car dealers, specifically loans purportedly collateralized by the car dealer’s inventory.
Eventually, Campbell would default on the lines of credit. The lenders were unable to repossess the vehicles purportedly collateralizing the loan, which were often cars whose vehicle identification numbers Campbell had simply harvested from the Internet, without actually owning or possessing those vehicles. Campbell went so far as to have a criminal associate prepare a fake tax return in the name of one of his identity theft victims. The tax return, which was never filed with the IRS, showed substantial income and assets, and appears to have been created for the sole purpose of being provided to a lender as part of a fraudulent application for credit.
In 2014, Campbell set up a car dealership called Campbell’s Cars, LLC, using the stolen identity of O.C., a Georgia resident who had good credit, but no connection to Campbell or the business. Campbell then used the new car dealership entity and O.C.’s good credit to obtain a loan from a commercial lender. The lender was unable to recover its losses by repossessing the cars that were supposedly collateralizing the loan, and eventually sued O.C. to collect the debt.
On March 31, 2017, while Campbell was on bond in another federal case, agents executed search warrants at Campbell’s home and business. These searches caught Campbell “red-handed,” in the process of carrying out the same fraud scheme with a new lender and two new identity theft victims. At Campbell’s workplace, agents discovered a fake ID in the name of one of Campbell’s previous identity theft victims.
At Campbell’s home, agents discovered a complete loan package ready to be mailed to the lender from a new fake car dealership named Launch Auto Sales, more fake IDs in the names of two new identity theft victims, and pieces of paper on which Campbell had been practicing the signatures of the victims repetitively. Shortly thereafter, Campbell’s bond was revoked and he has been in custody since April 2017.
During the case, Campbell repeatedly claimed to be a physician, even though he is not. As part of this deception, Campbell had the same criminal associate prepare a fake income tax return for him claiming income from a local hospital and showing employment as a physician. This tax return was never filed with the IRS, and appears to have been intended to help Campbell get approved for a rental home. Campbell also swore out a false affidavit, which he provided to a DeKalb County Assistant District Attorney, in which he falsely claimed to be a licensed neurologist. The affidavit was submitted to the DeKalb County prosecutor as part of an unsuccessful attempt to convince that official to dismiss a car theft case pending against a friend of Campbell’s.
On May 8, 2017, Campbell entered a negotiated plea of guilty to a criminal information charging aggravated identity theft and conspiracy to commit wire fraud. Campbell admitted that, from at least June 2014 through September 2014, he had conspired with others to commit wire fraud victimizing the commercial lender, and that he had also committed aggravated identity theft by using the identity of O.C. to apply for credit from the lender.
Farran S. Campbell, 32, of Brookhaven, Georgia, was sentenced on Tuesday March 20, 2018, by U.S. District Judge Eleanor L. Ross, to four years, three months in prison to be followed by three years of supervised release, and ordered him to pay restitution in the amount of $31,724.70.
This case was investigated by the Internal Revenue Service, Criminal Investigation, and the U.S. Secret Service.
Assistant U.S. Attorney Alana R. Black prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Bank robber sentenced to 14 years in prisonRead the Press Release
ATLANTA - Rondell Muwwakkil has been sentenced to 14 years in prison for robbing five metro-Atlanta banks in 2016. He passed notes to tellers at banks inside of stores demanding they give him small bills in each robbery.
“Muwwakkil never cared about the terror he caused when robbing these banks,” said U.S. Attorney Byung J. “BJay” Pak. “Regardless of whether a robber uses a weapon or a simple note to rob a bank, it makes no difference. As we continue to employ our Project Safe Neighborhood initiative, we will continue to prosecute anyone who drives violent crimes in the district.”
“The FBI would like to thank the public who helped us locate and arrest this suspect,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “As frightening as the five robberies were to the victims in the banks, there is little doubt there would have been more robberies, and more victims, had it not been for a concerned citizen’s tip.”
According to U.S. Attorney Pak, the charges and other information presented in court: Rondell Muwwakkil committed five bank robberies in August 2016. He committed each of the robberies by passing the bank teller a note demanding money. The robberies were scattered throughout the metro-Atlanta area.
On August 12, 2016, Muwwakkil took a taxi to the Best Bank located inside a Kroger in Decatur, Georgia, and then he went inside and robbed it. On August 17, 2016, He again took a different taxi to the same Best Bank inside of Kroger in Decatur, Georgia, then proceeded inside the store and robbed the bank. On August 22, 2016, he robbed a Best Bank inside of a Kroger in Ellenwood, Georgia, and on August 27, 2016, he robbed the Woodforest National Bank inside a Walmart in Duluth, Georgia. Finally, on August 30, 2016, he robbed the Woodforest National Bank inside the Walmart in Newnan, Georgia.
In each robbery, Muwwakkil waited in line as if he were a regular customer. When he reached the teller, he passed them a note that told them to give him all loose bills in $100s, $50s, $20s, and $10s. Muwwakkil then took the money and fled the robbery scene. Muwwakkil was identified as the robber by a tip called in to the FBI. His fingerprints were also found on the demand note given to the bank teller in the August 22 bank robbery.
Rondell Muwwakkil, 48, of Atlanta, Georgia, has been sentenced to 14 years in prison to be followed by three years of supervised release, and ordered to pay $7,961.00 in restitution. Muwwakkil was convicted of the August 22 and 27, 2016 robberies on January 5, 2018, after he pleaded guilty to those robberies.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
This case was investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney Mary L. Webb prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Facebook posting from prison leads to new charges against federal inmateRead the Press Release
ATLANTA – Joe L. Fletcher, a current inmate at the U.S. Penitentiary in Atlanta (USP Atlanta), has been indicted by a federal grand jury following a Facebook video posting that showed Fletcher in his prison cell talking on a contraband phone with family members and friends. During the conversations, Fletcher bragged about his ability to possess a phone in prison, called himself “a motivational speaker for gangsters,” and also claimed responsibility for a 2010 murder in Ohio.
“This inmate was particularly proud of himself when he posted a lengthy interactive video on his Facebook page that showed him talking on a contraband phone from inside his prison cell,” said U.S. Attorney Byung J. “BJay” Pak. “He made a further claim that he committed a murder in another state. Prisoners with illegal phones and similar devices inside our prisons pose a serious problem that threatens the safety and security of employees and the public. We are committed to helping the Bureau of Prisons eradicate dangerous contraband inside federal prisons in our district.”
“This defendant’s alleged braggadocio potentially will earn him more time in USP Atlanta, which he claims to enjoy,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “The FBI will continue to seek out those inmates and others who smuggle cell phones into a prison environment, because of the harm they cause and the continued criminal activity they afford inmates.”
According to U.S. Attorney Pak, the indictment, and other public information: Joe L. Fletcher, who has convictions for drug trafficking and illegal possession of a firearm, arrived at USP Atlanta on January 5, 2018. On January 27, 2018, he posted to his public Facebook page a 49-minute video recording of a phone conversation with family members and friends. During the conversation, Fletcher bragged that he could possess a phone in any prison and that he was enjoying his time inside USP Atlanta.
After calling himself “a motivational speaker for gangsters,” Fletcher then claimed credit for committing a murder in 2010 in Akron, Ohio. The day after the Facebook posting, corrections officers searched Fletcher’s cell and found two concealed cell phones plugged into the ceiling light fixtures.
Joe L. Fletcher, 30, of Akron, Ohio, is charged with illegally possessing a communication device inside a federal prison. He was arraigned before U.S. Magistrate Judge Linda T. Walker. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the FBI.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao-ndga.
Maine man charged with sexual assault of woman on Delta flightRead the Press Release
ATLANTA - William Charles Pelletier has been indicted by a federal grand jury charged with abusive sexual contact for sexually assaulting a female passenger on a Delta flight to Atlanta, Georgia.
“This defendant allegedly believed he could sexually assault a fellow passenger on a flight to Atlanta,” said U.S. Attorney Byung J. “BJay” Pak. “This conduct is unacceptable, and anyone who chooses to act in this manner will be prosecuted. Citizens deserve to feel protected from sexual assault and should not have to fear this happening to them while traveling.”
“Behavior like what this defendant is accused of will not be tolerated by the FBI or any other law enforcement agency,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “No citizen should have to confront this type of behavior any time or anywhere. And no person should ever think they can get away with such alleged actions.”
According to U.S. Attorney Pak, the Indictment, and other information presented in court: on November 10, 2017, on a Delta flight from Charlottesville, Virginia, to Atlanta, several passengers reported that Pelletier was verbally abusive and unruly during the flight. As passengers were preparing for landing Pelletier threw a pretzel bag at the female passenger seated directly in front of him. The female passenger initially ignored Pelletier. But seconds later, she felt Pelletier reach around her seat and put his cupped hand on her breast. A passenger seated next to Pelletier witnessed the alleged assault and requested that the flight attendant contact the police. Pelletier was arrested when the flight arrived in Atlanta.
Arraignment for William Charles Pelletier, 35, of Andover, Maine, has not been determined. Members of the public are reminded that the indictment only contains an allegation of criminal conduct. The defendant is presumed innocent of the charge and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the FBI and the Atlanta Police Department.
Assistant U.S. Attorney Phyllis Clerk is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former Equifax employee indicted for insider tradingRead the Press Release
ATLANTA - Jun Ying has been indicted on federal charges of insider trading relating to his sales of Equifax Inc. securities in advance of its announcement regarding a data breach.
“This defendant took advantage of his position as Equifax’s USIS Chief Information Officer and allegedly sold over $950,000 worth of stock to profit before the company announced a data breach that impacted over 145 million Americans,” said U.S. Attorney Byung J. “BJay” Pak. “Our office takes the abuse of trust inherent in insider trading very seriously and will prosecute those who seek to profit in this manner.”
“The alleged actions of this defendant undermine the public’s confidence in the nation’s stock markets,” said David J. LeValley, Special Agent in Charge of FBI Atlanta. “By prosecuting cases like this, the FBI and the U.S. Securities and Exchange Commission are sending a strong message to company insiders that they must follow the same rules that govern regular investors. Otherwise, they face the severe consequences for failing to do so.”
According to U.S. Attorney Pak, the charges, and other information presented in court: Equifax Inc. is a consumer credit reporting agency headquartered in Atlanta, Georgia. During the summer of 2017, Equifax was the victim of a data breach, where hackers acquired names, Social Security numbers, birth dates, and addresses of over 145 million American citizens. Jun Ying was the Chief Information Officer of Equifax U.S. Information Solutions in August 2017. In that role, he became aware of information that resulted in him determining that Equifax had been the victim of that data breach before that information was made public.
On Friday, August 25, 2017, Ying texted a co-worker that the breach they were working on “Sounds bad. We may be the one breached.” The following Monday, Ying conducted web searches on the impact of Experian’s 2015 data breach on its stock price. Later that morning, Ying exercised all of his available stock options held at UBS Financial Services, resulting in him receiving 6,815 shares of Equifax stock, which he then sold. He received proceeds of over $950,000, and realized a gain of over $480,000. On September 7, 2017, Equifax publicly announced its data breach, which resulted in its stock price falling.
Jun Ying, 42, of Atlanta, Georgia, will arraigned later this week before U.S. Magistrate Judge Linda T. Walker on the charges. Ying was indicted by a federal grand jury on March 13, 2018. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the FBI. The U.S. Securities and Exchange Commission made contributions to the case.
Assistant U.S. Attorneys Christopher J. Huber and Lynsey M. Barron are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Defendant pleads guilty in international business email compromise scamRead the Press Release
ATLANTA - Kerby Rigaud, who participated in an international business email compromise scheme, has pleaded guilty to conspiracy to commit wire and bank fraud and money laundering.
“Business email compromise scams continue to inflict serious harm on our citizens and businesses,” said U.S. Attorney Byung J. “BJay” Pak. “We urge everyone to carefully scrutinize any emails they receive directing the transfer of money via wire. We will continue to pursue justice for the victims of this pernicious financial threat.”
“Rigaud and his co-conspirators used cyberspace to organize a complex criminal scheme that crossed borders and defrauded numerous people right here in Georgia,” said Kenneth Cronin, Special Agent in Charge of the United States Secret Service, Atlanta Field Office. “The United States Secret Service and our law enforcement partners will continue to place a high priority on investigating cases that take advantage of unsuspecting victims.”
According to U.S. Attorney Pak, the charges and other information presented in court: From April 2015 through April 2016, Rigaud served as a key player in an international business email compromise scam impacting victims across the U.S., including in the Northern District of Georgia. In numerous instances, victims, including those identified in the indictment as T.W., A.P., and J.L., received emails that purported to be from trusted sources, including banking representatives and closing agents. The emails directed the victims to wire money to specific bank accounts, some of which were opened in the metro-Atlanta area.
Rigaud’s co-conspirators sent the emails, and in some instances, they hacked into victim’s email accounts. In others, they “spoofed” the email addresses; that is, the co-conspirators took steps to make the email appear as if it were sent by a trusted source, when in reality, it was sent from a different account by a malicious actor.
Rigaud recruited numerous individuals who agreed to let him use their bank accounts for the purpose of receiving large wires from unwitting victims. After receiving the wires, Rigaud directed his recruits on where to send the money, including to a number of financial institutions in Asia. Investigators believe that Rigaud and his co-conspirators attempted to steal over $1 million dollars during the timeframe of the conspiracy.
Sentencing for Kerby Rigaud, 27, of Duluth, Georgia, is scheduled for June 14, 2018 at 10:00 am at before U.S. District Judge Eleanor L. Ross.
This case is being investigated by the U.S. Secret Service.
Assistant U.S. Attorney Kamal Ghali is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
AlphaBay spokesperson Ronald L. Wheeler III a/k/a “Trappy” pleads guilty to conspiracyRead the Press Release
ATLANTA - Ronald L. Wheeler, III, a/k/a Trappy, has pleaded guilty to conspiracy to commit access device fraud for working as a public relations specialist for the Dark Web Marketplace AlphaBay.
“Wheeler spent hours on the Dark Web and general Internet providing AlphaBay users tips for attempting to avoid detection by law enforcement,” said U.S. Attorney Byung J. “BJay” Pak. “His plea is the end of his nefarious career as an AlphaBay promoter.”
“If people think the Dark Web gives them autonomy to operate illegally behind a cyber-curtain without the scrutiny of law enforcement, then Mr. Wheeler’s plea is a stark reminder that we won’t let that happen,” said David J. LeValley, Special Agent in Charge, FBI Atlanta. “We will not stop diligently prosecuting those who choose to disobey our laws and threaten our communities.”
“In pleading guilty, Ronald Wheeler has become another example that you cannot hide behind the anonymity created by the Darkweb,” said Thomas J. Holloman, Special Agent in Charge, IRS Criminal Investigation. “IRS-CI, with its law enforcement partners, will continue to take every step in taking down those who create and facilitate Dark Web sites while attempting to hide their illegal profits by seeking payment in digital currencies such as Bitcoin.”
According to U.S. Attorney Pak, the charges, and other information presented in court: Ronald L. Wheeler III a/k/a Trappy conspired with Alexandre Cazes a/k/a Alpha02 a/k/a Admin, and others to commit access device fraud through the operation of The Onion Routing (“TOR”) Dark Web marketplace AlphaBay. AlphaBay was an international criminal marketplace that enabled users to purchase and sell stolen and fraudulently obtained access devices, illegal drugs, firearms, hacking tools, and other illicit goods and services. Sales listings on the website were organized into categories, including “Fraud,” “Drugs & Chemicals,” “Counterfeit Items,” “Weapons,” and “Carded Items.”
Shortly before AlphaBay was shut down by law enforcement, the website contained thousands of sales listings for illegal products, including approximately 4,488 sales listings for stolen personally identifying information; 28,800 sales listings for stolen online account information; 6,008 sales listings for stolen credit card information; 3,586 sales listings for computer hacking tools, such as botnets and exploit kits; and 257,533 sales listings for illegal drugs, including cocaine, heroin, and a variety of opioids. The sales of stolen personally identifying information, online account information, and credit card information all provided fertile grounds for access device fraud to flourish on the Dark Web. Aside from product listings, AlphaBay provided message board forums where users could securely discuss their criminal activities and receive support from AlphaBay staffers.
On or about May 25, 2015, Wheeler began working as a public relations specialist for AlphaBay. Wheeler’s duties included moderating the AlphaBay subreddit on the internet website reddit.com; moderating the AlphaBay message board forums; mediating sales disputes among AlphaBay users; promoting AlphaBay on the internet; and providing non-technical assistance to AlphaBay users. In return for his work, Wheeler received a salary in Bitcoin. Throughout his participation in the conspiracy, Wheeler advised the public on how to access AlphaBay and encouraged the public to use the website. Wheeler’s work with AlphaBay continued until early July 2017, when the FBI and its international law enforcement partners shut down the website.
Sentencing for Ronald Wheeler, III, a/k/a Trappy, 24, of Streamwood, Illinois has been scheduled for May 24, 2018 at 2:00 p.m., before U.S. District Judge Leigh M. May.
This case is being investigated by the FBI and Internal Revenue Service Criminal Investigation.
Assistant U.S. Attorney Samir Kaushal is prosecuting the case. Substantial assistance was provided by the U.S. Attorney’s Office for the Northern District of Illinois.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.