Northern District of Georgia
Press releases recorded for this federal judicial district.
Physician and Owner of Atlanta Pain Clinic Sentenced for Illegally Prescribing PainkillersRead the Press Release
ATLANTA –Nisar A. Piracha, the former primary physician and owner of Piracha Wellness Clinic in Atlanta, Georgia, has been sentenced to seven years and three months in federal prison for conspiring to distribute oxycodone, methadone, and alprazolam. While operating the clinic, Piracha illegally prescribed dangerous quantities of these prescription painkillers for no legitimate medical purpose.
“The defendant ignored the basic standards of his profession and preyed upon individuals addicted to prescription drugs in return for a steady cash flow,” said U. S. Attorney John Horn. “With every illegal prescription, the defendant not only abused the trust that society places in physicians, but also fed the cycle of prescription drug abuse and addiction that is devastating our communities.”
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Field Division said, “This is a good example of the commitment DEA has made to aggressively go after ‘illegal pill mills’ and bring to justice criminals who take advantage of local communities. We are committed to ensuring that unethical physicians who violate their oath by indiscriminately and illegally prescribing dangerous drugs are no longer able to operate with impunity”.
According to U.S. Attorney Horn, the charges, and other information presented in court: Piracha, a former general surgeon and licensed physician, opened the Piracha Wellness pain clinic in Atlanta, Georgia, in 2012 as the owner and sole practitioner. In late 2012, Drug Enforcement Administration agents began investigating suspicious activity at the clinic and made numerous undercover visits to the clinic posing as patients over a five-month period.
During these undercover visits, Piracha conducted only brief physical examinations in the initial visit before prescribing high doses of oxycodone, methadone, and alprazolam. In follow-up visits, Piracha conducted no physical or medical examinations at all and continued to prescribe massive doses of painkillers, including additional prescriptions of medications at the patients’ request without a legitimate medical purpose. Data analysis of patient records also showed that many patients traveled long distances to obtain prescriptions for controlled substances from the clinic, including more than a dozen regular patients who traveled nearly 200 miles from Vidalia and Hazlehurst.
Nisar Piracha, 63, of Norcross, Georgia, was sentenced by U.S. District Court Judge Eleanor L. Ross to seven years and three months in federal prison to be followed by three years of supervised release. Piracha also agreed to the forfeiture of over $425,000 in proceeds from his pill mill operation. Piracha was convicted on this charge on December 21, 2016, after he pleaded guilty.
This case was investigated by the Drug Enforcement Administration.
Assistant United States Attorneys Nathan P. Kitchens and Michael 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 home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Two Georgia State Prisoners Sentenced for Committing Tax Fraud using Stolen Identities from PrisonRead the Press Release
GAINESVILLE, Ga. - Enrique Toribio has been sentenced to four years in federal prison for engaging in income tax fraud by providing names and Social Security numbers to a tax preparer, and instructing the tax preparer to file fraudulent income tax returns on his behalf using those stolen identities, all while serving his sentence as an inmate in the Georgia Department of Corrections.
“This case highlights the continuing problem of inmates in state prisons using contraband cellular phones to reach beyond the prison walls and continue to victimize our community,” said U. S. Attorney John Horn. “Identity theft is bad enough, but victims shouldn’t have to defend themselves against those who are already serving time for other serious crimes.”
“Identity theft schemes wreak havoc in the lives of victims, often causing extensive financial harm and hardship to countless Americans each year. In addition, the use of fraudulent identity documents can also poses significant national security risk,” said Nick S. Annan, special agent in charge of ICE Homeland Security Investigations Atlanta. “We owe it to the victims of these schemes to pursue cases aggressively; as such, HSI actively partners with governments across the world to dismantle these transnational criminal organizations, bring perpetrators to justice and recoup victims’ losses wherever possible.”
“Sophisticated stolen identity refund fraud schemes have the potential to harm many taxpayers and put large amounts of public money at risk,” said James E. Dorsey, Acting Special Agent in Charge, IRS Criminal Investigation. “Enrique Toribio and his co-conspirators demonstrated a blatant disregard of the integrity of the United States tax system and caused immeasurable hardship to innocent victims. We, along with our law enforcement partners at Department of Homeland Security and the United States Attorney's Office, continue to do our part in protecting the sanctity and integrity of the tax system and those individuals whose identities were stolen, as well as recovering any monetary loss against the U.S. Treasury.”
According to U.S. Attorney Horn, the charges and other information presented in court: Toribio provided 39 stolen identities to a tax preparer via a contraband cell phone while incarcerated at Hancock State Prison. At the time, Toribio was serving an 18-year sentence for aggravated assault. He enlisted his mother, Rosa Toribio-Gama, and sister, Lupita Rodriguez-Toribio, to meet with the tax preparer outside the prison to sign the fraudulent income tax returns.
Marcus Burke, also a prisoner within the Georgia Department of Corrections, provided 29 stolen identities to the same tax preparer by using a contraband cell phone from Hancock State Prison and through a SunTrust bank employee. At the time, Burke was serving a 20-year sentence for voluntary manslaughter.
Both Toribio and Burke were convicted of two counts of aggravated identity theft and one count of conspiracy to commit tax fraud on August 30, 2016 after both pleaded guilty. All involved in these cases and their sentences are as follows:
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Enrique Toribio, 30, of Gainesville, Georgia, has been sentenced to four years in prison to be followed by three years of supervised release.
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Marcus Burke, 35, of Atlanta, Georgia, was sentenced on December 8, 2016, to three years, three months in prison to be followed by three years of supervised release.
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Rosa Toribio-Gama, 48, of Gainesville, Georgia, was sentenced to three years of probation with six months to be served on home confinement, and ordered to pay restitution in the amount of $3,650, to be paid jointly with Rodriguez-Toribio. She was charged for her role in the income tax fraud, after signing tax forms allowing the tax preparer to e-file. Toribio-Gama was convicted of conspiracy to commit income tax fraud after pleading guilty on October 28, 2016.
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Lupita Rodriguez-Toribio, 25, of Gainesville, Georgia, was sentenced to three years of probation, and ordered to pay restitution in the amount of $3,650, to be paid jointly with Toribio-Gama. She also was charged for her role in the fraud, after she signed fraudulent income tax returns prepared by the tax preparer. Rodriguez-Toribio was convicted of conspiracy to commit income tax fraud after pleading guilty on December 7, 2016,
This case was investigated by the Department of Homeland Security, Homeland Security Investigations and the Internal Revenue Service – Criminal Investigation.
Assistant United States Attorneys William L. McKinnon, Jr. and Jennifer Keen 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.
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Marietta Man Sentenced to 10 Years for Paying for Child PornographyRead the Press Release
ATLANTA - Karl Touset has been sentenced to prison for 10 years for transporting child pornography into the United States. Specifically, Touset paid a woman in the Philippines who provided him with photos of young girls stripping and displaying their genitals. He also watched the girls on webcam and instructed the girls on what sex acts he wanted to see them perform on themselves.
“This defendant preyed on girls as young as nine years old to satisfy his perverse sexual desires,” said U. S. Attorney John Horn. “Unfortunately, extreme poverty in many parts of the world affords individuals like Touset the opportunity to exploit children across national borders. The admirable actions of the money transfer and e-mail companies helped shine a light on this reprehensible conduct, and as a result this case has helped save other vulnerable children from being victimized.”
“Child pornography production is, bluntly, the recording of the graphic sexual abuse of innocent children, and those who encourage its production are directly responsible for promoting and encouraging child sex abuse,” said HSI Atlanta Special Agent in Charge Nick S. Annan. “As this case shows, no matter where in the world these criminals may seek out their illegal acts, ICE Homeland Security Investigations is committed to investigating and seeking prosecution of child exploitation cases as one the agency’s highest priorities.”
According to U.S. Attorney Horn, the charges and other information presented in court: in September 2014, a money transfer company identified a group of individuals who were sending small amounts of money to countries associated with sex tourism and child pornography, including the Philippines, and reported this information to the National Center for Missing and Exploited Children. The company also notified an e-mail provider, which began its own investigation of individuals using e-mail accounts to facilitate sending money to these countries. All of this information was then provided to Homeland Security Investigations (HSI). HSI agents obtained additional information from other money transfer companies. Based on its investigation, HSI agents identified Karl Touset as a person who was possibly involved in paying for child pornography.
On December 21, 2014, Touset flew back from the Netherlands to Atlanta Hartsfield-Jackson International Airport. He had with him two laptops and two external hard drives, which officers took into their possession. A search of those devices showed that they contained photographs and videos of young girls exposing their genitals and performing sex acts on themselves or with other young girls. On January 28, 2015, HSI agents served federal search warrant on Touset’s home in Marietta, where they obtained additional computers and hard drives.
An analysis of his computers showed that Touset had been communicating for at least four years with a woman in the Philippines who arranged for young girls to provide pornographic images for him. He would negotiate prices with her, paying between $25 and $100 based on the number of images and the poses that the girls would be in. On numerous occasions, the girls were made to perform live for him, where he would instruct them on what he wanted to see and what they should do. Touset kept a spreadsheet showing the girls’ names, their birth dates, and his personal notes about each girl. He often chatted online with the girls and asked if they would have sex with him if he traveled to the Philippines. The girls ranged in age from nine to fifteen years old. From 2012 to 2015, Touset paid more than $55,000 for the production of these images. HSI agents found more than 6,000 child pornography files on his computers.
Karl Touset, 72, of Marietta, Georgia, has been sentenced to 10 years in prison to be followed by lifetime supervised release. There is no parole in the federal system. Touset was convicted of these charges on November 3, 2016, after he pleaded guilty.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Assistant United States Attorney Paul R. Jones 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 U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Member of CD and DVD Counterfeiting Ring in Atlanta Sentenced to Five Years in PrisonRead the Press Release
ATLANTA – Mamadou Aliou Simakha has been sentenced to five years in prison for his involvement in a counterfeit DVD and CD ring. Simakha pleaded guilty on March 10, 2010, to one count of conspiracy to commit criminal copyright infringement, to traffic in counterfeit goods, and counterfeit labels.
“Simakha admitted his part as a high volume seller in a conspiracy to produce and traffic millions of pirated music CDs and DVDs which was a leading supplier for the southeastern U.S.,” said U.S. Attorney John Horn. “His decision to flee the country garnered him the statutory maximum sentence he deserves for his many years as a disc counterfeiter and international fugitive.”
“Criminal enforcement of the copyright laws plays an essential role in preserving the rights of American authors, artists and creators,” said Acting Assistant Attorney General Blanco. “This group of defendants stole from thousands of victims by mass-producing counterfeit music CDs and DVD movies in a far-reaching pirating operation. As this case demonstrates, we will continue to investigate, prosecute and, if necessary, extradite those individuals who seek to profit illegally by stealing the works of others.”
“The international extradition and resulting federal conviction and sentencing of Simakha clearly illustrates that the U.S. government will not tolerate the wholesale theft of intellectual property on this scale,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office. “The FBI will continue to be a significant partner in the fight against such individuals and groups engaged in criminal copyright infringement and counterfeit trafficking operations.”
“Intellectual property theft negatively impacts the U.S. economy, threatens consumer health and safety and funds black market criminal organizations involved in other illicit activities,” said Special Agent in Charge Annan. “HSI will continue to protect intellectual property rights, crack down on counterfeiting, and collaborate with industry and law-enforcement authorities to ensure we conduct effective and efficient intellectual property enforcement.”
According to U.S. Attorney Horn, the charges and other information presented in court: Simakha was one of 13 individuals charged by a federal grand jury on May 19, 2009, in an indictment alleging various copyright, trademark and counterfeit label offenses. At the plea hearing, Simakha admitted that two co-conspirators supplied him with blank CDs and DVDs and he burned counterfeit copies of music and movies onto the CDs and DVDs along with placing counterfeit artwork onto the CDs and DVDs. Simakha also admitted that he was involved in a conspiracy to then sell copies of the pirated works to others.
After entering his guilty plea, Simakha fled the country, and a warrant was issued for his arrest on April 6, 2010. On March 1, 2016, Simakha was arrested in Morocco and was extradited from Morocco into the custody of the U.S. Marshals Service (USMS) on December 15, 2016.
Seven other defendants were sentenced in 2011 to prison terms ranging from probation to five years. The court found that Simakha conspired with co-defendants and others to reproduce and distribute tens of thousands of copyright infringing music CDs and movie DVDs which, if legitimate, would have been worth more than $769,000.
Mamadou Aliou Simakha, 41, of Dakar, Senegal, was sentenced by U.S. District Judge William S. Duffey Jr., to five years in federal prison, three years of supervised release, a $100 special assessment, and ordered to pay restitution of $70,894.21, to the Motion Picture Association and Recording Industry Association of America.
Assistant U.S. Attorney Brian Pearce in the Northern District of Georgia and Assistant Deputy Chief John H. Zacharia of the DOJ Criminal Division’s Computer Crime and Intellectual Property Section prosecuted the case. The FBI and ICE-HSI investigated the case with assistance from the Atlanta Police Department Organized Crime Unit; Fulton County, Georgia, Sheriff’s Office; College Park, Georgia, Police Department; East Point, Georgia, Police Department; the Recording Industry Association of America; and the Motion Picture Association of America. The Office of International Affairs and USMS assisted in Simakha’s extradition from Morocco.
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.
Member of CD and DVD Counterfeiting Ring in Atlanta Sentenced to 60 Months in PrisonRead the Press Release
A Dakar, Senegal, man was sentenced to 60 months in prison today for his involvement in a counterfeit DVD and CD ring.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney John A. Horn of the Northern District of Georgia, Special Agent in Charge David J. LeValley of the FBI’s Atlanta Field Office and Special Agent in Charge Nick S. Annan of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Atlanta made the announcement.
Mamadou Aliou Simakha, 41, was also ordered to pay $70,894 in restitution, jointly and severally with his co-defendants, by U.S. District Judge William S. Duffey Jr. of the Northern District of Georgia. Simakha pleaded guilty on March 10, 2010, to one count of conspiracy to commit criminal copyright infringement, to traffic in counterfeit goods and to traffic in counterfeit labels.
After entering his guilty plea, Simakha fled the country, and a warrant was issued for his arrest on April 6, 2010. On March 1, 2016, Simakha was arrested in Morocco and was extradited from Morocco into the custody of the U.S. Marshals Service (USMS) on Dec. 15, 2016.
“Criminal enforcement of the copyright laws plays an essential role in preserving the rights of American authors, artists and creators,” said Acting Assistant Attorney General Blanco. “This group of defendants stole from thousands of victims by mass-producing counterfeit music CDs and DVD movies in a far-reaching pirating operation. As this case demonstrates, we will continue to investigate, prosecute and, if necessary, extradite those individuals who seek to profit illegally by stealing the works of others.”
“Simakha admitted his part as a high volume seller in a conspiracy to produce and traffic millions of pirated music CDs and DVDs which was a leading supplier for the southeastern United States,” said U.S. Attorney Horn. “His decision to flee the country garnered him the statutory maximum sentence he deserves for his many years as a disc counterfeiter and international fugitive.”
“The international extradition and resulting federal conviction and sentencing of Simakha clearly illustrates that the U.S. government will not tolerate the wholesale theft of intellectual property on this scale,” said Special Agent in Charge LeValley. “The FBI will continue to be a significant partner in the fight against such individuals and groups engaged in criminal copyright infringement and counterfeit trafficking operations.”
“Intellectual property theft negatively impacts the U.S. economy, threatens consumer health and safety and funds black market criminal organizations involved in other illicit activities,” said Special Agent in Charge Annan. “HSI will continue to protect intellectual property rights, crack down on counterfeiting, and collaborate with industry and law-enforcement authorities to ensure we conduct effective and efficient intellectual property enforcement.”
At the plea hearing, Simakha admitted that two co-conspirators supplied him with blank CDs and DVDs and Simaka burned counterfeit copies of music and movies onto the CDs and DVDs along with placing counterfeit artwork onto the CDs and DVDs. Simakha also admitted that he was involved in a conspiracy to then sell copies of the pirated works to others.
Simakha was one of 13 individuals charged by a federal grand jury on May 19, 2009, in an indictment alleging various copyright, trademark and counterfeit label offenses. Seven other defendants were sentenced in 2011 to prison terms ranging from probation to five years. The court found that Simakha conspired with co-defendants and others to reproduce and distribute tens of thousands of copyright infringing music CDs and movie DVDs which, if legitimate, would have been worth more than $769,000.
Assistant Deputy Chief John H. Zacharia of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Brian Pearce of the Northern District of Georgia prosecuted the case. The FBI and ICE-HSI investigated the case with assistance from the Atlanta Police Department Organized Crime Unit; Fulton County, Georgia, Sheriff’s Office; College Park, Georgia, Police Department; East Point, Georgia, Police Department; the Recording Industry Association of America; and the Motion Picture Association of America. The Office of International Affairs and USMS assisted in Simakha’s extradition from Morocco.Atlanta Heroin Distributor Sentenced as Part of the District’s DMI ProgramRead the Press Release
ATLANTA - Shantuan Daniel has been sentenced for heroin trafficking and being a felon-in-possession of a firearm. Daniel was sentenced to five years and three months in federal prison as part of the district’s Drug Market Initiative (DMI), an on-going commitment to eradicate the heroin market in Atlanta’s English Avenue neighborhood.
“Daniel threatened an Atlanta Police Department officer with a firearm prior to his arrest in this case,” said U.S. Attorney John A. Horn. “But Daniel was captured and brought to justice thanks to the diligence of APD officers and his federal sentence for distributing heroin in the neighborhood of English Avenue is an important win for this community.”
“This sentence is another reminder that ATF and our law enforcement partners will hold individuals accountable for any criminal behavior, especially that which threatens the safety of innocent civilians,” said ATF Special Agent in Charge Wayne Dixie.
“I have always known that partnerships are the key to making the city of Atlanta a safer city,” said Atlanta Police Chief Erika Shields. “The sentencing of Mr. Daniel is proof that the DMI program is working to turn the English Avenue neighborhood in a new direction. The Atlanta Police Department will continue to work with our local, state and federal partners to develop new programs and find innovative ways to fight crime.”
According to U.S. Attorney Horn, the charges, and other information presented in court: Daniel is one of the final defendants to be sentenced as part of the first phase of the district’s DMI investigation of drug trafficking in Atlanta’s English Avenue community. Between April 22, 2015, through June 11, 2015, Daniel distributed heroin in the English Avenue neighborhood and was identified by law enforcement after he conducted a hand-to-hand transaction with an undercover officer in April 2015. He was also a convicted felon at that time.
That day, an undercover officer was present in the area to conduct a drug deal with an unrelated DMI target when Daniel unexpectedly approached him. Daniel gave the undercover officer heroin and his cell phone number in the hope of doing future drug deals with the undercover officer. Then, in June 2015, Daniel was involved in a heroin “buy/bust” attempt, but escaped apprehension when law enforcement officers tried to arrest him.
During that escape, Daniel pointed a loaded firearm at an APD investigator just before escaping down a deep embankment where officers were unable to apprehend him. Despite a pursuit by law enforcement officers of the Georgia State Patrol, APD, and the National Guard, Daniel remained a fugitive for nearly a year. APD Officers eventually apprehended Daniel on April 7, 2016, on unrelated charges. At the time, he was driving a vehicle that contained more heroin and a stolen firearm.
Shantuan Daniel, 25, of Atlanta, Georgia, was sentenced by U.S. District Judge Steve C. Jones to five years and three months in federal prison, followed by three years of supervised release. Daniel pleaded guilty on these charges on November 15, 2016.
This case was prosecuted as part of the U.S. Attorney’s DMI Initiative in the English Avenue heroin market. Since the summer of 2015, more than 60 heroin traffickers have faced federal charges. U.S Attorney’s office staff have simultaneously been involved in diversion programs for other heroin dealers as well as community rebuilding efforts.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Atlanta Police Department.
Assistant United States Attorney Dash A. Cooper prosecuted this 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.com.
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 Sentenced to Federal Prison for Robbing the Habersham Federal Credit UnionRead the Press Release
GAINESVILLE, Ga. - Mitchell Logan Reeves has been sentenced to eight years and eight months in federal prison for robbing the Homer, Georgia, branch of the Habersham Federal Credit Union on July 30, 2015.
“Reeves pointed a fully loaded firearm at the face of a credit union teller and demanded all the money that was in her teller drawer,” said U. S. Attorney John Horn. “Outstanding deputies from the Banks County Sheriff’s Office and the Georgia Bureau of Investigation quickly apprehended Reeves and recovered the money that he stole. We hope this sentence restores the sense of safety to the bank employees and members of the community”
“The FBI commends the prompt actions of the responding deputies of the Banks County Sheriff’s Department that set in motion the quick and safe capture of this armed robber. The sentencing of Mr. Reeves to federal prison will afford him time to not only reflect on his extremely poor choices leading up to and including his actions involving the July, 2015 armed robbery of the Habersham Federal Credit Union, but also the significant emotional trauma that he inflicted on the victim teller that day,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office
“This conviction illustrates the great work of law enforcement in investigating and prosecuting armed robberies in Georgia. The Georgia Bureau of Investigation remains committed to working with our local and federal partners to pursue these vicious crimes,” said Vernon Keenan, Director, Georgia Bureau of Investigation.
“This case is an excellent example of just how critical it is to have an unrestricted line of communication between agencies in order to produce an efficient and successful conviction. I am exceptionally pleased with the assistance received from all agencies and the amount of professionalism put into each and every step of this investigation and prosecution,” said Sheriff Carlton Speed, Banks County Sheriff’s Department.
According to U.S. Attorney Horn, the charges and other information presented in court: On July 30, 2015, Reeves entered the Homer branch of the Habersham Federal Credit Union wearing a black mask and tan hat. He walked up to the lone teller working in the branch at the time, pointed a firearm directly at her face, and demanded that she give him all the money in her teller drawer. The teller gave Reeves $1,729.00. After receiving the money, Reeves fled.
Witnesses observed Reeves run into a wooded area near the credit union office. Banks County Sheriff’s Office deputies set up a perimeter around the wooded area and Reeves was arrested within a short time. In the wooded area, law enforcement officers located the black mask, tan hat, and other clothing Reeves wore during the robbery, as well as a fully loaded Smith and Wesson .9 mm handgun and the $1,729.00 taken during the robbery.
Mitchell Logan Reeves, 24, of Gainesville, Georgia, was sentenced to eight years, eight months in prison to be followed by five years of supervised release. Reeves pleaded guilty on March 29, 2016, to charges that he robbed the credit union and that he used a firearm during the commission of a crime of violence.
This case was investigated by the Banks County Sheriff's Office, the Georgia Bureau of Investigation, and the Federal Bureau of Investigation.
Assistant U.S. Attorney William L. McKinnon, Jr. 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.
Woman Admits to Causing the Death of another Person by Injecting her with Liquid SiliconeRead the Press Release
ATLANTA - Deanna Roberts has pleaded guilty to four felony counts of possessing, transporting, and ultimately illegally injecting persons with liquid silicone and four felony counts of introducing into interstate commerce liquid silicone, which was an adulterated device. One of the women the defendant injected with liquid silicone died about 36 hours after receiving the injection when the silicone migrated to her lungs, heart, brain, and other organs.
“Roberts admitted that she caused the death of one person by injecting her with liquid silicone, and that she also injected liquid silicone into multiple other people, putting their lives at considerable risk,” said U. S. Attorney John Horn. “Before undergoing any type of medical procedure, patients should ensure they have consulted a licensed medical provider who is qualified to provide care.”
“Liquid silicone injected into individuals’ bodies can cause serious bodily injury and death, and FDA has not approved any such product for tissue augmentation,” said Justin D. Green, Special Agent in Charge, FDA Office of Criminal Investigations’ Miami Field Office. “We remain fully committed to bringing to justice those who offer dangerous and unapproved products to American consumers.”
According to U.S. Attorney Horn, the indictment, and other information presented in court: Between April 2004 and December 2015, Roberts purchased at least 178 gallons of liquid silicone. Liquid silicone is strictly regulated by the FDA, and may be legally injected directly into the human body only as a treatment for certain eye conditions.
In April 2004, Roberts began ordering liquid silicone from a business in Arizona. In order to purchase liquid silicone from the business, Roberts submitted an affidavit to the company in which she falsely swore that she did not intend to inject the silicone into humans. Rather she claimed that she intended to supply the silicone to a customer for use in lubricating medical equipment.
On multiple occasions, Roberts transported liquid silicone to the Atlanta area and injected it into the hips, buttocks, and other body parts of her victims. Roberts falsely claimed to her victims that she was a licensed medical practitioner.
During the evening of November 16, 2015, Roberts injected liquid silicone into the buttocks of victim L.H. The next day L.H. complained of tightness in her chest and shortness of breath, symptoms that are consistent with the presence of liquid silicone in the lungs. During the early morning hours of November 18, 2015, L.H., died.Dr. Geoffrey Smith, Associate Medical Examiner for DeKalb County, performed an autopsy on L.H. Based upon the autopsy Dr. Smith determined that L.H. died from complications due to silicone polymer embolization. Dr. Smith found that L.H.’s lungs were heavily congested with liquid silicone. In addition, Dr. Smith found liquid silicone in L.H.’s liver, kidney, heart, brain, and spleen. Dr. Smith noted that each of L.H.’s buttocks had 10 injection sites.
From a microscopic examination of tissue surrounding one of the injection sites Dr. Smith determined that a blood vessel had been punctured. The evidence, therefore, established that the defendant punctured the blood vessel with one of the silicone injections and that the silicone was carried by the blood stream to L.H.’s lungs and other organs causing her death.
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On November 16, 2015, the defendant illegally injected liquid silicone into the buttocks of victim J.T.
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In November of 2014, the defendant injected liquid silicone into the buttocks of victim V.M.
- In October of 2014, the defendant injected liquid silicone into the face of victim S.P.
However, J.T., V.M., and S.P. did not die from their injections.
Sentencing for Deanna Roberts, 47, of Sanford, Florida, is scheduled for May 24, 2017, at 2:00 p.m., before U.S. District Judge Orinda D. Evans.
This case is being investigated by the Food and Drug Administration, Office of Criminal Investigations, the Doraville Police Department, and the Atlanta Police Department.
Assistant United States Attorneys William L. McKinnon, Jr. and Erin Sanders 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.
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Russian Hacker “Kolypto” Extradited from NorwayRead the Press Release
ATLANTA - Mark Vartanyan, also known as “Kolypto,” a Russian national who allegedly developed, improved and maintained the pernicious “Citadel” malware toolkit, was arraigned in federal court following his extradition from Norway in December 2016. Vartanyan was charged with one count of computer fraud.
“This successful extradition is yet another example of how cooperation among international law enforcement partners can be used to disrupt and dismantle global cyber syndicates,” said U. S. Attorney John Horn. “This defendant’s alleged role in developing and improving “Citadel” for its use by cybercriminals caused a vast amount of financial harm to individuals and institutions around the world. His appearance in federal court today shows that cybercriminals cannot hide in the shadows of the Internet. We will identify them and bring them to justice wherever they operate.”
“We must continue to impose real costs on criminals who believe they are protected by geographic boundaries and can prey on the American people and institutions with impunity. Vartanyan's arrest removes a significant player who was engaged in the development, improvement, maintenance and distribution of malware from the resources available to the cyber criminal underground, thereby deteriorating the capabilities of cyber criminal groups. Today's plea is the culmination of a multi-national effort led by the FBI, highlighting the benefits of global cooperation among the United States and international law enforcement. It further demonstrates the FBI’s long-term commitment to identifying and pursuing cyber criminals world-wide, and serves as a strong deterrent to others targeting America’s financial institutions and citizens through the use of malicious software,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Office.
According to U.S. Attorney Horn, the charges, and other information presented in court: “Citadel” is a malware toolkit designed to infect computer systems and steal financial account credentials and personally identifiable information from victim computer networks. Beginning in or about 2011, Citadel was offered for sale on invite-only, Russian-language internet forums frequented by cybercriminals. Users of Citadel targeted and exploited the computer networks of major financial and government institutions around the world, including several financial institutions in the United States. According to industry estimates, Citadel infected approximately 11 million computers worldwide and is responsible for over $500 million in losses.
Between on or about August 21, 2012 and January 9, 2013, while residing in Ukraine, and again between on or about April 9, 2014 and June 2, 2014, while residing in Norway, Vartanyan allegedly engaged in the development, improvement, maintenance and distribution of Citadel. During these periods, Vartanyan allegedly uploaded numerous electronic files that consisted of Citadel malware, components, updates and patches, as well as customer information, all with the intent of improving Citadel’s illicit functionality.
Vartanyan was extradited to the United States in December 2016 from Norway. He was charged in a one-count Information with computer fraud, and was arraigned before U.S. Magistrate Judge Russell G. Vineyard.
Vartanyan is the second defendant charged in connection with an ongoing investigation of the Citadel malware. On September 29, 2015, Dimitry Belorossov, a/k/a Rainerfox, 22, of St. Petersburg, Russia, was sentenced to four years, six months in prison following his guilty plea for conspiring to commit computer fraud for distributing and installing Citadel onto victim computers using a variety of infection methods.
Belorossov downloaded a version of Citadel, which he then used to operate a Citadel botnet primarily from Russia. Belorossov remotely controlled over 7,000 victim bots, including at least one infected computer system with an IP address resolving to the Northern District of Georgia. Belorossov’s Citadel botnet contained personal information from the infected victim computers, including online banking credentials for U.S.-based financial institutions with federally insured deposits, credit card information, and other personally identifying information.
In addition to operating a Citadel botnet, Belorossov also provided online assistance with the goal of developing suggested improvements to Citadel, including posting comments on criminal forums on the Internet and electronically communicating with other cybercriminals via email and instant messaging.
Belorossov was convicted on July 18, 2014, after he pleaded guilty.
DOJ’s investigation into the creator of the Citadel malware is continuing.
Members of the public are reminded that the information 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 Federal Bureau of Investigation.
Assistant United States Attorney Steven D. Grimberg is prosecuting the case. The Justice Department’s Office of International Affairs also provided assistance with this 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.
Emory Doctor Goes to Prison for Downloading Thousands of Images of Child PornographyRead the Press Release
ATLANTA - Kevin M. Sullivan has been sentenced to six years, six months in prison for downloading thousands of images of child pornography from a server in Switzerland. Sullivan, who was a professor in Emory University’s Epidemiology department, used the university’s Wi-Fi to access sites outside the country which provided access to child pornography.
“Sullivan downloaded thousands of files depicting the sexual abuse of children,” said U. S. Attorney John Horn. “He attempted to cover his tracks by using his personal computer on the Internet system at Emory to download the images. As predators continue to try to develop new methods to feed and download child pornography, we will continue to find them and prosecute them.”.
“Child pornography is one of the most heinous crimes HSI investigates due to the irrevocable harm it inflicts physically and emotionally upon innocent children,” said HSI Atlanta Special Agent in Charge Nick S. Annan. “Those who download these illegal images re-victimize innocent children who’ve already been subjected to unimaginable harm. ICE Homeland Security Investigations is committed to investigating and seeking prosecution of child exploitation cases as one the agency’s highest priorities.”
“This conviction illustrates the outstanding work of law enforcement around the world to investigate and prosecute child pornography cases,” said Vernon Keenan, Director, Georgia Bureau of Investigation. “The GBI will continue to dedicate resources to identify and bring to justice individuals who exploit children.”
According to U.S. Attorney Horn, the charges and other information presented in court: In October 2014, Swiss law enforcement seized a server that was hosting child pornography. Login information from the server showed that someone at Emory University Rollins School of Public Health was using Emory’s Wi-Fi to access child pornography. With cooperation from Emory University’s Information Technology Department, agents were able to determine that Dr. Kevin Sullivan was the person accessing child pornography from the Swiss website.
Dr. Sullivan was a professor in Emory University’s Epidemiology department. Agents obtained a search warrant for Dr. Sullivan’s office and executed it on June 15, 2015. Sullivan was present at the time, but left before agents found child pornography on his personal laptop and external hard drive. When agents went to his house later the same day to arrest him, they found Sullivan there at his home computer. A search of that computer revealed titles suggestive of child pornography, although the files themselves had been deleted. A search of the laptop and hard drive from his Emory office showed that Dr. Sullivan had more than 8,000 files containing child pornography.
Kevin M. Sullivan, 61, of Atlanta, Georgia, was sentenced to six years, six months in prison to be followed by seven years of supervised release, and ordered to pay a fine of $15,000. Sullivan was convicted on these charges on December 1, 2016, after he pleaded guilty.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Georgia Bureau of Investigation.
Assistant United States Attorneys Paul R. Jones and Erin E. Sanders 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
Newnan Woman Sentenced for Financial Aid Fraud and Identity TheftRead the Press Release
NEWNAN, Ga. - Andrea R. Williams has been sentenced to six years and seven months in federal prison for wire fraud and aggravated identity theft for using stolen identities to file dozens of fraudulent federal student aid applications.
“Williams stole the identities of dozens of innocent victims, using them to file fraudulent student aid applications,” said U. S. Attorney John Horn. “Identity theft is a growing problem, one that turns up in every segment of our society. We encourage all citizens to be diligent in checking their credit reports, and monitoring their e-mail and social media for suspicious activity. If something does not seem legitimate, most likely it is not.”
“Federal student aid exists so that individuals can make their dream of a higher education a reality. Ensuring that those who steal student aid – through identity theft or other means - are stopped and held accountable for their criminal actions is a big part of our mission,” said Yessyka Santana, Special Agent in Charge of the U.S. Department of Education Office of Inspector General Southeastern Regional Office. “I’m proud of the work of the Office of Inspector General and our law enforcement partners for their work in this case and we will continue to work together to stop those who steal Federal education funds. America’s students and taxpayers deserve nothing less.”
According to U.S. Attorney Horn, the charges and other information presented in court: From in or about January 2013 until in or about November 2015, Williams filed dozens of fraudulent financial student aid applications (FSA), mostly with community colleges in Dallas County, Texas. The Dallas County Community College network identified similarities in a series of applications and sought assistance from the Department of Education's Office of the Inspector General (OIG). The similarities identified included a common IP address associated with over half of the suspicious applications. Additionally, three of the fraudulent applications listed dependents who were identified as Williams’ minor children. Finally, in one application, Williams signed her own name on paperwork she submitted, instead of the name of the stolen identity she used to file the FSA.
In total, Williams received more than $200,000 in financial aid out of the over $500,000 that she was awarded. When confronted by law enforcement, Williams admitted to this conduct and explained that she stole the identities from the patient database of a healthcare company where she briefly worked. She also admitted to using stolen identities to obtain numerous credit cards which she used to purchase electronics, clothing, and furniture. Finally, she admitted that she forged a doctor's signature on a medical disability statement in order to get approximately $47,000 of her personal education debt discharged.
Andrea R. Williams, 36, of Newnan, Georgia, has been sentenced to six years, seven months in prison to be followed by three years of supervised release, to pay a $200 special assessment, and ordered to pay restitution in the amount of $277,434.50. Williams has been convicted on these charges on October 6, 2016, after she pleaded guilty.
This case was investigated by the Department of Education, Office of Inspector General.
Special Assistant United States Attorney Diane C. Schulman 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
Anesthesiologist Sentenced for Illegally Prescribing Oxycodone and Other Prescription PainkillersRead the Press Release
ATLANTA – Dr. Romie Earl Roland has been sentenced to ten years, ten months for conspiring to distribute Schedule II controlled substances by illegally prescribing prescription painkillers for no legitimate medical purpose.
Also indicted and sentenced for their respective roles in the operation of the pain clinic were seven other co-defendants: Anthony Licata, Charlyn Carter, Adrian Singletary, Dante Cummings, Anthony Ferguson, Danny Thompson and Joshua Gadd. Each co-defendant previously pleaded guilty and has been sentenced.
“Physicians, like Roland, take an oath to do no harm, but he ignored his responsibility when he joined with a corrupt clinic owner to make money by selling prescriptions to drug seekers,” said U.S. Attorney John Horn. “Roland only helped to fuel the opiate crisis that plagues our community.”
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Field Division, said, “It is a sad commentary when a trusted person in the medical community hides behind the veil of legitimacy to commit criminal acts. In addition, owners and operators of pill mills spin a broad web of deception, reeling in casts of thousands who are addicted to pharmaceutical drugs. Because of unified law enforcement cooperation, these individuals will spend well-deserved time in prison.”
“Persons who operate pill mills in the Northern District of Georgia can expect to be investigated, prosecuted, and sent to prison in the same way as other drug traffickers who push poison in our communities,” stated Veronica Hyman-Pillot, Special Agent in Charge, IRS Criminal Investigation. “The prescriptions obtained from these types of pill mill clinics are most often sold or diverted on the streets, feeding pain pill addictions and ruining families and lives. Our agents will continue to provide their expertise in narcotics cases by investigating money laundering, which was crucial to the prosecution of these defendants.”
According to U.S. Attorney Horn, the charges, and other information presented in court: In late 2012, agents with a special unit within the Drug Enforcement Administration tasked with combating the illegal distribution of prescription drugs, began an investigation into suspicious activity at the Express Health Center clinic in the Buckhead neighborhood of Atlanta. The investigation revealed that Anthony Licata was the principal owner of the clinic and was directly involved in its operation. Licata came to Atlanta for the sole purpose of operating a pill mill. Charlyn Carter was the clinic’s office manager, and would oversee the clinic’s operations when Licata was away. Adrian Singletary was a security guard at the clinic, and he would also assist with patient triage.
While open only two days a week, the clinic serviced an inordinate number of people, most having traveled from out-of-state. Several physicians were associated with this clinic but it was most profitable during Dr. Roland’s tenure. Through the investigation, agents determined that many of Roland’s patients were drug dealers, drug abusers, or both. For at least eight months, Roland prescribed oxycodone, methadone, and Percocet outside the course of professional practice and for no legitimate purpose. Roland failed to fulfill a doctor’s basic obligations to conduct physical examinations of patients and verify patient medical histories.
Dante Cummings, Anthony Ferguson, Danny Thompson, and Joshua Gadd “sponsored” a number of different patients’ visits to the clinic. Specifically, they would contact the clinic and schedule visits for multiple patients. These defendants would supervise the visits, financing the costs of both seeing the doctor as well as filling the prescriptions. The goal of this sponsorship was to procure multiple prescriptions for controlled substances; the prescriptions were then filled, and the narcotics sold for a profit. The majority of the “patients” that were sponsored by these defendants were not actually suffering chronic pain. Instead, these individuals were often addicted to opioids, but received new prescriptions nonetheless.
Over the course of the conspiracy, the clinic moved locations throughout the Atlanta area. Roland was a prescribing physician at each spot: Express Health Center in Buckhead, ATL Pain Institute in Doraville, and Key Pain Center in Lawrenceville. Roland also worked at a separate clinic: Atlanta Pain & Rehabilitation in Southwest Atlanta.
Romie Earl Roland, 57, of Atlanta, Georgia was sentenced by U.S. District Judge Steve C. Jones, to ten years, ten months in federal prison, to be followed by three years of supervised release. All of Roland’s co-defendants entered guilty pleas and were sentenced before Judge Jones for their respective roles, as follows:
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Anthony Bernard Licata II, 31, of Fort Lauderdale, Florida, entered a guilty plea to one count of Conspiracy to Distribute Controlled Substances, one count of Maintaining a Drug-Involved Premises, and one count of Conspiracy to Launder Drug Proceeds. On January 25, 2016, Mr. Licata was sentenced to 11 years in federal prison and a $25,000 fine, to be followed by three years of supervised release.
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Charlyn Elizabeth Carter, 44, Austell, Georgia, entered a guilty plea to one count of Conspiracy to Distribute Controlled Substances, and one count of Conspiracy Launder Drug Proceeds. On January 25, 2016, Carter was sentenced to six years, six months in federal prison, to be followed by three years of supervised release.
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Adrian Ulysses Singletary, 44, of Atlanta, Georgia, entered a guilty plea to one count of Conspiracy to Distribute Controlled Substances. On January 25, 2016, Singletary was sentenced to three years, ten months in federal prison, to be followed by three years of supervised release.
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Dante Craig Cummings, 28, of Ellenwood, Georgia, entered a guilty plea to one count of Conspiracy to Distribute Controlled Substances. On January 25, 2016, Cummings was sentenced to four years, eight months in federal prison, to be followed by three years of supervised release.
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Danny Ray Thompson, 47, of Happy, Kentucky, entered a guilty plea to one count of Conspiracy to Distribute Controlled Substances. On January 25, 2016, Thompson was sentenced to five years, one month in federal prison, to be followed by three years of supervised release.
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Anthony Wayne Ferguson, 48, of Owingsville, Kentucky, entered a guilty plea to one count of Conspiracy to Distribute Controlled Substances. On February 22, 2016, Ferguson was sentenced to seven years, eight months in federal prison, to be followed by three years of supervised release.
- Joshua James Gadd, 40, of Atlanta, Georgia, entered a guilty plea to one count of Conspiracy to Distribute Controlled Substances. On September 13, 2016, Gadd was sentenced to five years, six months in federal prison, to be followed by three years of supervised release.
The investigation and prosecution of this case was a coordinated effort led by the Drug Enforcement Administration and the Internal Revenue Service - Criminal Investigations, through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program, along with assistance from multiple federal, state, and local law enforcement agencies, including: the U.S. Marshal Service, Fayette County Sheriff's Office, Clayton County Police Department, Pike County Sheriff’s Office, Gwinnett County Sheriff’s Office, Georgia Department of Revenue, Georgia Department of Community Supervision, Atlanta Police Department, Jonesboro Police Department, Johns Creek Police Department, Spalding County Sheriff’s Office, Georgia State Patrol, Kentucky State Police, Georgia Drugs and Narcotics, Georgia Composite Medical Board, and Georgia Bureau of Investigation. The U.S. Attorney’s Office for the Southern District of Florida also assisted with the investigation.
Assistant U.S. Attorneys C. Brock Brockington, Cassandra J. Schansman, and Michael J. Brown, 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.com.
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/.
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State Inmate Sentenced to Prison for Distributing Methamphetamine and Heroin from PrisonRead the Press Release
ATLANTA - Kevin Bristol Patterson has been sentenced to 18 years, four months in federal prison for his role in distributing methamphetamine and heroin while incarcerated at Ware State Prison in Waycross, Georgia.
“Patterson’s determination to commit crimes was not dampened by his incarceration,” said U.S. Attorney John Horn. “Despite being in prison, he conspired to distribute methamphetamine and heroin outside of jail using a contraband phone. This case represents another example of the dangers that contraband cell phones inside of the prison system pose to our citizens outside the prison.”
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Filed Division commented, “DEA is fully committed to tirelessly pursuing criminals who sell copious quantities of drugs, whether it’s on the streets or inside of a prison, as was the case in this investigation. This incarcerated career-criminal continuously arranged drug deals outside of prison, which will land him even more time in prison. The spirited level of law enforcement cooperation made this investigation a success.”
“We appreciate the ongoing efforts by our law enforcement partners to assist with halting criminal enterprise within our prisons, and we are pleased with the outcome of this case,” said GDC Commissioner Gregory C. Dozier. “I am proud of our Special Agent assigned to this case for his role in bringing this scheme to the forefront,” continued Dozier.”
According to U.S. Attorney Horn, the charges and other information presented in court: Despite being incarcerated at Ware State Prison, Patterson, using a contraband cellphone, continued arranging drug deals outside the prison wall.
Also serving time at Ware State Prison was co-defendant Alex Mauricio Altamirano who supplied the link to his nephew, Denis Miguel Pineda, an Atlanta drug trafficker. Using a contraband cellphone, Patterson introduced a drug buyer to Pineda. The buyer had spent time in prison with Patterson, but was now working with the police. In exchange for the introduction, Patterson expected the buyer to give him $500 every time the buyer bought drugs from Pineda. Patterson, Pineda, and Altamirano all discussed the price of narcotics and the time and place of the sales with the buyer in extensive, recorded telephone conversations.
In total, Pineda sold 649.9 grams of methamphetamine and 334 grams of heroin in five separate transactions to the buyer from July 2014 through October 2015. Police seized all the drugs before they could hit the streets. Pineda agreed to sell another kilogram of methamphetamine on November 4, 2015, but was arrested before he could make the sale. After his arrest, Altamirano assured the buyer that Altamirano could arrange for someone else to provide the promised narcotics. He and Patterson, both of whom were incarcerated, were then transferred to federal custody before they could complete the sale.
On August 10, 2016, Patterson pled guilty to one count of conspiring to distribute methamphetamine and heroin and five counts of possessing methamphetamine and heroin with the intent to distribute them.
Kevin Bristol Patterson, 35, of Blairsville, Georgia, was sentenced today by U.S. District Judge Eleanor L. Ross to 18 years, four months in federal prison to be followed by five years of supervised release, and a $600 special assesment. Pineda and Altamirano had previously been sentenced:
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Pineda, 30, of Atlanta, Georgia, was sentenced to 12 years, seven months of imprisonment, followed by five years of supervised release after pleading guilty. Pineda was convicted on May 23, 2016.
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Altamirano, 26, of Norcross, Georgia, was sentenced to 10 years of imprisonment, followed by five years of supervised release after pleading guilty to the conspiracy charge. Altamirano was convicted on May 11, 2016.
This case is being investigated by the Drug Enforcement Administration.
Assistant United States Attorney Vivek Kothari 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.com.
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.
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College Park Men Sentenced for String of Drug Store Robberies in Cobb CountyRead the Press Release
ATLANTA - Dave Montonio Sturgis, Jr., has been sentenced to 32 years in federal prison for robbing three drug stores in Cobb County, Georgia, in June 2015. Sturgis’ co-defendant and robbery partner Lloyd Nathaniel Joyner, a/k/a Zulu, a/k/a Zu, was sentenced on January 12, 2017, to 40 years in prison for the three robberies he committed with Sturgis and three other robberies he committed in May and early June 2015 in Atlanta and Cobb County.
“This crew had had little regard for the lives of the employees they robbed, and no fear of being caught,” said U.S. Attorney John Horn. “Thankfully, one alert Lawrenceville Police Department officer quickly identified similarities in the robberies, and started putting the team together to catch them before they harmed anyone. Local law enforcement agencies teamed with the FBI to stop this violent robbery crew, and we are grateful for their hard work in this case.”
“The sentencing of Dave Sturgis, Jr. highlights the intensive joint investigation addressing a string of violent commercial robberies within the metro Atlanta area. The removal of Sturgis and his partner, Lloyd Joyner, from our streets will indeed have a positive impact on our community crime wise and we have many dedicated detectives, investigators, agents and prosecutors to thank for making this happen. The FBI’s Atlanta Field Office will continue to work with its many law enforcement partners in aggressively addressing violent crime in Atlanta and throughout Georgia as a whole,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“This conviction illustrates the great work of law enforcement in investigating and prosecuting armed robberies in Georgia. The Georgia Bureau of Investigation remains committed to working with our local and federal partners to pursue these vicious crimes,” said Vernon Keenan, Director, Georgia Bureau of Investigation.
“I am pleased with the efforts of several law enforcement agencies working together to bring violent criminals to justice,” said Randy Johnson, Chief of the Lawrenceville Police Department. “We emphasize the need for agencies to work together and share information in order to stop violent crime. Criminals do not recognize jurisdictional limits, nor do they confine their activities to a single jurisdiction. Lawrenceville Police detective Justin Hipps, who recognized the similarity in crimes occurring across metro-Atlanta, did a great job to bring agencies together to share information. We are proud of his tenacious efforts in investigating these crimes.”
According to U.S. Attorney Horn, the charges and other information presented in court: Joyner and Joseph Stowers—who pleaded guilty before Joyner and Sturgis’ trial—robbed CVS and Walgreens drug stores in Marietta, Smyrna, and Atlanta, in May and June 2015. They followed a pattern by dressing in black hooded sweatshirts, their faces masked, and brandishing semiautomatic pistols when they burst into the stores near closing time or, in the case of 24-hour stores, after midnight, when the stores were empty of customers. They terrorized employees by rounding them up and taking them to the store office, where they demanded that the manager open the safe, while the other employees were forced to lay face-down on the floor. In some instances, the robbers were limited to taking cash from cash registers. They also took the wallets and cell phones of several employees during the robberies, and then fled.
A detective from the Lawrenceville Police Department was the first to identify these crimes were a related series of robberies, and put together the task force that established that these robberies were related. Part of the evidence produced at trial were videos of the three defendants with large stacks of cash and guns after the robberies occurred.
After six days of trial in September 2016, in federal court in Atlanta, the jury convicted Joyner of robbing a CVS in Marietta, on May 27, 2015; a CVS in Atlanta, on June 4, 2015; and a CVS in Smyrna, also on June 4, 2015.
Sturgis joined the robbery crew in mid-June 2015, as the driver. He also entered the stores prior to the robberies to scout the targets. Joyner and Sturgis were convicted by a jury of robbing a Walgreens in Smyrna, on June 16, 2015; a Walgreens in Marietta, on June 18, 2015; and a CVS in Marietta, on June 19, 2015. The jury also convicted Joyner and Sturgis of aiding and abetting each other in the brandishing of firearms in the robberies on June 16, 18, and 19. FBI agents and task force officers arrested Joyner and Sturgis outside of a CVS in Marietta on June 24, 2015.
Dave Montonio Sturgis, Jr., 25, of College Park, Georgia, was sentenced to 32 years, to be followed by three years of supervised release, and to pay restitution of $7,130 to Walgreens and CVS.Lloyd Nathaniel Joyner, a/k/a Zulu, a/k/a Zu, 25, of College Park, was sentenced to prison for 40 years, to be followed by five years of supervised release.
Stowers is scheduled to be sentenced March 23, 2017.
This case was investigated by the Federal Bureau of Investigation, the Georgia Bureau of Investigation, and the Lawrenceville Police Department.
Assistant United States Attorneys Mary Webb and William Traynor 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 Store Owner Found Guilty of Operating Black Market for Fraudulent and Stolen PhonesRead the Press Release
ATLANTA - Tony Archie has been found guilty after a seven-day trial of wire fraud conspiracy, wire fraud, mail fraud and money laundering. Archie, while the manager of ACE Wholesale and later the owner of Westside Wireless, bought tens of thousands of brand new cell phones from sellers who obtained them through fraudulent means.
“Archie created and maintained a black market for illegal cell phone sales in Atlanta,” said U.S. Attorney John Horn. “Despite previous warnings, he pursued the easy money that came from trafficking in fraudulent cell phones. The jury, however, saw this activity for what it was, and returned a guilty verdict.”
“The Office of the Attorney General applauds the jury’s guilty verdict against Tony Archie,” said Attorney General Chris Carr. “I am especially proud of the work of our Consumer Protection Unit’s Criminal Investigation Division for initiating and investigating this case. Our former Criminal Investigator Richard Schneider and Criminal Analyst Tara Tripp worked diligently to develop crucial evidence and provide vital support throughout. I congratulate our partners in the U.S. Attorney’s Office of the Northern District of Georgia for a successful prosecution, and we look forward to continuing to work with them in eliminating truly bad actors from conducting illegitimate business in Georgia.”
“This case illustrates not just the significance of an aggressive and tenacious approach to combat these types of fraud, but also illustrates the importance of partnerships with federal and state law enforcement agencies,” 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 Archie are put behind bars.”
“Pretending to operate legitimate businesses will not thwart law enforcement’s efforts in determining the true nature of the businesses and the crimes they promote,” stated Veronica Hyman-Pillot, Special Agent in Charge, IRS Criminal Investigation. “The verdict in the trial of Tony Archie clearly illustrates that individuals who engage in these types of illegal activities will not go undetected and will be held accountable for their actions.”
According to U.S. Attorney Horn, the charges and other information presented in court: Archie became the manager of ACE Wholesale in 2011, shortly after it opened in the Atlanta area. The store’s main function was to buy brand new cell phones that would later be shipped and sold overseas. ACE’s sellers obtained the new cell phones at below-market cost by entering or causing others to enter into cell phone carrier contracts they had no intention of honoring; hijacking or creating corporate identities to establish fraudulent business accounts with cell phone carriers; and by filing fraudulent cell phone insurance claims to get brand new replacement phones.
In less than two years, ACE paid out over $63 million, with over $20 million going to just 52 sellers who repeatedly brought in new phones to the store. In August 2012, ACE shut down after law enforcement executed a search warrant at the store. Within two months, Archie opened Westside Wireless where he continued to buy fraudulently obtained, brand new cell phones. At Westside Wireless, Archie paid out over $8 million more for new cell phones.
Tony Archie, 52, of Atlanta, Georgia, was charged with wire fraud conspiracy, six counts of wire fraud, two counts of mail fraud, and five counts of money laundering. A jury found Archie guilty on all counts.
Sentencing is scheduled for May 16, 2017, at 2:00 p.m. before United States District Judge Mark H. Cohen.
This case is being investigated by the U.S. Secret Service, the Internal Revenue Service Criminal Investigation, and the Georgia Attorney General’s Office - Consumer Protection Unit.
Assistant United States Attorney Samir Kaushal and Special Assistant United States Attorney Diane C. Schulman 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.
Atlanta Man Convicted of Illegally Importing and Distributing Male Enhancement Products from ChinaRead the Press Release
ATLANTA - Ismail Ali Khan has been convicted following a six-day jury trial of conspiracy, illegal importation of misbranded drug products from China, receiving misbranded drugs that had moved in interstate commerce, and making false statements in order to become a naturalized U.S. citizen.
“Khan led a conspiracy that caused misbranded drugs to be illegally imported and distributed in the Atlanta area and throughout the southeastern United States,” said U. S. Attorney John Horn. “Because the labeling on the products failed to warn consumers of the dangers in taking the products, consumers’ health and safety were placed in jeopardy by Khan’s conduct.”
“Distributing unapproved and misbranded drugs disguised as all-natural supplements places the U.S. public health at risk,” said Justin Green, Special Agent in Charge, FDA Office of Criminal Investigations’ Miami Field Office. “We will remain vigilant in our efforts to protect American consumers from these fraudulent and potentially dangerous products.”
According to U.S. Attorney Horn, the charges and other information presented in court: In early 2011, Khan and his brother, Ahmed Ali Khan, began ordering male enhancement products from China marketed under names such as “Maxman,” “Herb Viagra,” “Rock Hard Weekend,” “Stiff Nights,” “Happy Passengers,” “Hard Ten Days,” “Zhen Gongfu,” and “African Black Ant.” These products contained sildenafil, the active pharmaceutical ingredient in Viagra, and/or tadalafil, the active pharmaceutical ingredient in Cialis. Both Viagra and Cialis can be obtained in the U.S. only with a prescription from a doctor.
However, the labeling for the products that Khan and his brother imported and distributed did not state that they contained sildenafil or tadalafil. Instead, the products were misleadingly labeled as “all-natural” and “herbal.” The labeling for the products also failed to warn consumers about the medical risks associated with taking sildenafil and tadalafil.
Khan and his brother illegally imported these drugs from China by having shippers in China falsely declare on the Customs declaration attached to the shipping boxes containing the products that the boxes contained “tea,” “coffee,” “beauty products,” and other false entries.
In order to evade detection by authorities, Khan, his brother, and their co-conspirators used multiple mailing addresses rented in multiple business names at locations in the Atlanta, Georgia, metropolitan area to receive the shipments from China. Khan and his co-conspirators would then move the products to storage units where they would prepare orders for wholesale distributors of the products. Khan and his co-conspirators used aliases, false addresses, and fake business names to misrepresent the nature of their business when renting the storage units and mail boxes.
In August 2013, during the course of the conspiracy, Khan applied to become a naturalized U.S. citizen. On the application form, Khan falsely stated that he had never committed a criminal offense for which he had not been arrested. Then on January 6, 2014, in an interview with Citizenship and Naturalization Services, and again on March 14, 2014, just before he took the oath to become a naturalized citizen, Khan falsely stated that he had never committed a crime for which he had not been arrested. Based upon Khan’s false statements, he became a naturalized U.S. citizen on March 14, 2014.
Ismail Ali Khan, 29, of Decatur, Georgia, was convicted on Monday, February 13, 2017. Sentencing for Khan is scheduled for April 27, 2017, at 10:00 a.m., before U.S. District Judge Steve C. Jones. Khan was arrested on May 29, 2014, and he has remained in custody since his arrest. At his sentencing hearing, Judge Jones will sign an order that revokes Khan’s U.S. citizenship.
This case was investigated by the Food and Drug Administration, Office of Criminal Investigations, the United States Postal Inspection Service, and Homeland Security Investigations.
Assistant United States Attorneys William L. McKinnon, Jr. and Trevor C. Wilmot 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-area Dentist Sentenced for nearly $1 Million in Medicaid FraudRead the Press Release
ATLANTA – Dr. Oluwatoyin Solarin has been sentenced to one year, six months in federal prison for filing false claims with the Georgia Medicaid program totaling nearly $1 million.
“Solarin cheated the Medicaid program by submitting fraudulent claims, even billing the government for procedures she allegedly performed at the same time she was out of the country,” said U.S. Attorney John Horn. “The wealth she amassed through her scheme will now be forfeited and paid back to the government.”
“Solarin abused her position of trust and stole money from the taxpayers for her own enrichment," said Derrick L. Jackson, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. "Today’s sentencing exemplifies the OIG’s commitment to investigate Medicaid fraud schemes together with our law enforcement partners and bring these perpetrators to justice.”
“Rooting out health care fraud is central to the well-being of both our citizens and the overall economy. Schemes that steal money from the Medicare program harm taxpayers and raise healthcare costs,” said Veronica Hyman-Pillot, Special Agent in Charge, IRS Criminal Investigation. “The sentencing of Dr. Solarin is a prime example of the Department of Justice’s focus on protecting the assets of the Medicare program and the health of Americans who participate in it.”
“I am proud of the collaborative efforts that led to this successful prosecution,” said Attorney General Chris Carr. “The Office of the Attorney General stands ready to work with our federal and local partners to ensure that those who participate in criminal activity are brought to justice, particularly when that activity jeopardizes the medical care of those who are truly in need and wastes taxpayer dollars.”
According to U.S. Attorney Horn, the charges and other information presented in court: Oluwatoyin Solarin was a dentist who owned and operated a dental care practice known as “Care Dental” with locations in Doraville and Duluth, Georgia. From 2009 through 2013, Solarin caused false claims to be submitted to the Georgia Medicaid Program and the Peach State Health Plan of Georgia Medicaid. Various claims listed Solarin as the treating dentist on days that she was not even in the U.S. In other instances, Solarin caused Care Dental to bill for patients who were ineligible for Medicaid services. When patients whose eligibility for Medicaid services had expired were brought to Care Dental, Solarin instructed an employee to “backdate” the claims to false dates that resulted in successfully paid claims for reimbursement.
As a result of Solarin’s fraud scheme, Care Dental received $996,862.19 in fraudulent Medicaid claims. Solarin used much of this money to purchase real estate throughout the Atlanta area. Pursuant to her plea agreement, Solarin agreed to repay the ill-gotten money she received during this scheme and has agreed to forfeit her interest in over a dozen real estate properties.
Dr. Oluwatoyin Solarin was sentenced to one year, six months in prison to be followed by three years of supervised release. Dr. Solarin was also was ordered to pay $996,862.19 in restitution and forfeit her interest in over a dozen real estate properties. She was convicted of this charge on November 9, 2016, after pleading guilty.
This case was investigated by Special Agents of the Department of Health and Human Services, the Internal Revenue Service, and Investigators from the Georgia Medicaid Fraud Control Unit and the Georgia Department of Community Health.
Assistant United States Attorney Thomas J. Krepp and Georgia Assistant Attorney General Lyndie M. Freeman 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 home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao-ndga.
Second Construction Company Owner Charged with Conspiring to Pay Bribes for City of Atlanta ContractsRead the Press Release
ATLANTA – Charles P. Richards, Jr., has been arraigned on conspiratorial bribery charges for paying over $185,000 to obtain City of Atlanta contracts.
“From approximately 2010 to August 2015, Richards conspired with E.R. Mitchell to buy lucrative construction-related contracts with the City of Atlanta,” said U.S. Attorney John A. Horn. “Contractors who willingly participate in a pay-to-play contracting system subvert the process for those who try to compete fairly and ultimately undermine the public’s trust in government.”
“The arraignment of Mr. Richards illustrates once again that providing bribes in order to obtain government contracts, be it city, state, or federal, can land you in the defendant’s chair as easily as for those accepting the bribes. The FBI continues to work diligently with its various law enforcement partners and federal prosecutors in identifying, investigating, and presenting for prosecution all individuals engaged in these types of criminal public corruption schemes that undermine the legitimate and established practices of government,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“The citizens of Atlanta must be able to trust that government officials will perform their duties in the best interests of the communities they serve,” said Veronica Hyman-Pillot, Special Agent in Charge, IRS Criminal Investigation. “Charles Richards Jr. undermined the process of fair and open competition when he conspired with others to pay bribes in exchange for securing lucrative contracts with the City of Atlanta. Today’s announcement demonstrates our commitment to work in a collaborative effort to promote honest and ethical government at all levels.”
According to U.S. Attorney Horn, the charges, and other information presented in court: Richards serves as the owner and/or principal of the construction companies C.P. Richards Construction Co., Inc., and C.P. Richards & Associates, Inc.
In an effort to obtain construction-related contracts with the City of Atlanta, Richards and defendant Elvin R. Mitchell, Jr. conspired to pay an individual to obtain government contracts. From approximately 2010 to August 2015, Richards paid over $185,000 to an individual in exchange for City of Atlanta contracts, believing that some of the money would be paid to city official/s who exercised influence over the contracting process.
Charles. P Richards, Jr., 64, of Tucker, Georgia, was charged by information and will plead guilty on February 16, 2017, before the U.S. District Court Judge Steve C. Jones.
This case is being investigated by the Federal Bureau of Investigation and Internal Revenue Service Criminal Investigation.
First Assistant United States Attorney Kurt R. Erskine and Assistant United States Attorneys Jeffrey W. Davis, and Jill Steinberg, 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.
Man Sentenced to Five Years in Prison for Trafficking Firearms to GuyanaRead the Press Release
ATLANTA - Jermine T. Prosper was sentenced to five years in prison for smuggling and trafficking approximately 50 firearms to Guyana during a two-year period. Prosper legally purchased the firearms in the Atlanta area with the intention of smuggling the guns to Guyana and later selling them there.
“Prosper smuggled the firearms he purchased in Atlanta to his home country of Guyana, knowing that those weapons would be sold on the streets,” said U. S. Attorney John Horn. “His greed mattered more than the danger these firearms posed to the citizens of Guyana. This successful prosecution reflects federal law enforcement’s dedication to combating illegal firearms smuggling, whether here or abroad.”
“Criminals must understand that there are serious repercussions for illegal trafficking of firearms. ATF and our law enforcement partners will contribute all necessary time and effort to ensure that these criminals are brought to justice,” said Special Agent in Charge Wayne Dixie.
“Identifying and stopping the Illegal exportation of weapons is one of HSI's highest priorities to stem the flow of violence by criminal networks,” said ICE Homeland Security Investigations Atlanta Special Agent in Charge Nick S. Annan. “This case illustrates the excellent collaborative partnership between HSI and ATF working together to achieve a common goal.”
According to U.S. Attorney Horn, the charges and other information presented in court: Between October 2013 and November 2015, Prosper, a lawful permanent U.S. resident, purchased over 50 firearms from two local federal firearms licensees, including 34 nine millimeter pistols, eight .380 caliber pistols and six .25 caliber pistols. Prosper subsequently hid the firearms in shipping barrels and then smuggled them to Guyana where an unknown associate sold them on the streets.
In early 2016, Prosper sold multiple firearms to a fellow Guyanese national who intended to ship them to Guyana. Because Prosper had successfully smuggled firearms from the United States, he offered to smuggle the firearms to Guyana on that person’s behalf. During their final transaction in April 2016, Prosper sold four additional firearms to this Guyanese national. Prior to delivering the firearms, Prosper obliterated the serial numbers on the weapons so they would not be traced back to him.
Jermine T. Prosper, 39, of Conyers, Georgia, was sentenced to five years in prison, to be followed by three years of supervised release. Prosper was convicted for violating Title 18, United States Code, §§ 922(a)(1)(A) and 923(a); and for violating Title 18, United States Code, § 924 (a)(1)(A) on February 2, 2017, after he pleaded guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Assistant United States Attorneys Tracia M. King and Phyllis Clerk 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.
Six Indicted for Burglarizing Gun Stores in Three States and Trafficking FirearmsRead the Press Release
ATLANTA - Devonnaire Coffey, Darryle Butler, Bilal Maxey, Natasha Turner, Asia Keith, and Prather Abrams, have been arraigned on federal charges of conspiracy to steal 129 firearms from gun stores in Georgia, North and South Carolina. Coffey, Butler, Turner, and Keith were additionally charged with theft of firearms and possession of stolen firearms. Butler further faces charges of felon in possession of a firearm.
“We’ve seen a recent uptick in gun store burglaries in the district,” said U.S. Attorney John Horn. “The theft of firearms, and subsequent illegal trafficking of them, unfortunately leads to more gun violence in our community.”
“The indictment of these individuals is the result of ATF successfully working in collaboration with our state and local partners to aggressively investigate the theft of firearms from federal firearms licensees. Unfortunately, all too often, these stolen firearms go directly into the hands of violent criminals and are eventually recovered at crime scenes in our own communities and in other regions of the country. ATF remains committed to continuing to combat violent crime and the trafficking of stolen firearms,” said Special Agent in Charge CJ Hyman, ATF Charlotte Field Division.
According to U.S. Attorney Horn, the charges, and other information presented in court: Devonnaire Coffey, Darryle Butler, and Bilal Maxey allegedly burglarized gun stores in Georgia and North Carolina, where 129 firearms were stolen. Asia Keith and Natasha Turner allegedly served as lookouts during the burglaries. According to the indictment, Coffey, Butler, Maxey, Keith, and Turner attempted to burglarize three additional gun stores in Georgia and South Carolina. Prather Abrams allegedly participated in one of the burglaries in Georgia. Coffey and Butler sold the stolen firearms shortly after stealing them.
The multiple burglaries and attempted burglaries occurred at stores in McDonough, and Canton, Georgia, Charlotte and Rocky Mount, North Carolina, and Rock Hill, South Carolina.
Devonnaire Coffey, 26, Darryle Butler, 27, Bilal Maxey, 24, all of Augusta, Georgia, and Prather Abrams, 35, of Decatur, Georgia, were arraigned before U.S. Magistrate Judge Catherine M. Salinas. Natasha Turner, 25, of Augusta, Georgia, was arraigned before U.S. Magistrate Judge Russell G. Vineyard. Asia Keith, 20, of Augusta, Georgia, was arraigned before U.S. Magistrate Judge Justin S. Anand. Coffey, Butler, Maxey, Turner, Keith and Abrams were indicted by a federal grand jury on December 6, 2016.
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 Bureau of Alcohol, Tobacco, Firearms and Explosives, Henry County, Georgia Police Department, Rocky Mount, North Carolina Police Department, Charlotte-Mecklenburg, North Carolina Police Department, Holly Springs, Georgia Police Department, and Rock Hill, South Carolina Police Department. ATF Regional Anti-Gang Enforcement (RAGE) Unit. RAGE is a joint gang/violent crime task force with members from ATF, North Augusta Department of Public Safety, Aiken County Sheriff’s Office, Aiken Department of Public Safety, Richmond County Sheriff’s Office and the South Carolina Law Enforcement Division.
Assistant U.S. Attorneys Jennifer Keen and Stephanie E. Gabay-Smith 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.
Pain Management Physician Resolves False Claims Act AllegationsRead the Press Release
ATLANTA – Pain management physician Dr. Robert Windsor has agreed to the entry of a $20 million consent judgment to resolve allegations that he violated the False Claims Act by billing federal health care programs for surgical monitoring services that he did not perform and for medically unnecessary diagnostic tests. Dr. Windsor owned pain management clinics in Georgia and Kentucky that operated under the umbrella of National Pain Care, Inc.
“Windsor placed patients at risk by claiming that he was monitoring the neurological health of patients during surgery when he actually had an unqualified medical assistant do the work,” said U.S. Attorney John Horn. “Windsor unfortunately put his own interests above the health and safety of his patients.”
“Dr. Windsor placed personal gain above all else in his medical practice,” said Carlton B. Shier, Acting U.S. Attorney for the Eastern District of Kentucky. “In doing so, he put his patients at risk, and defrauded the United States. We will use every tool at our disposal to protect vital healthcare programs from those who seek unearned profit at the taxpayers’ expense.”
“Providing medically unnecessary services to a vulnerable population, such as Medicare beneficiaries, places patients at risk and jeopardizes millions of taxpayer dollars,” said Derrick Jackson, Special Agent in Charge of the U.S. Department of Health & Human Services, Office of Inspector General. “HHS-OIG is committed to safeguarding the federal health care programs and the patients receiving medical services. Today’s settlement should send a message to others who profit from schemes abusing patient safety that we will pursue justice for our beneficiaries and the programs.”
“The announced monetary settlement involving Dr. Robert Windsor is a direct result of several years of hard work by federal agents and prosecutors as they pursued and enforced rampant violations of the federal False Claims Act. The FBI continues to play a key role in identifying, investigating, and presenting for prosecution individuals such as Dr. Windsor who target and negatively impact our federal health care programs,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“This settlement highlights the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of the Department of Defense (DoD) health care program,” said Special Agent in Charge John F. Khin, Southeast Field Office. “DCIS aggressively investigates health care providers that defraud the DoD, to preserve American taxpayer dollars intended to care for our Warfighters, their family members, and military retirees.”
“The Georgia Department of Law will continue to work with our federal and local partners to pursue resolutions against those who threaten the medical care of Georgia citizens and misuse taxpayer dollars,” said Chris Carr, Attorney General for the State of Georgia.
The government alleges that Dr. Windsor engaged in two schemes. First, the government alleges that Dr. Windsor caused the submission of false claims to Medicare, TRICARE, and FEHBP for the online, real time intraoperative monitoring of surgeries that Dr. Windsor did not personally monitor, that were not monitored by a physician, and that Dr. Windsor falsely represented had been monitored by him during the period from January 1, 2008 through July 22, 2013. On October 24, 2016, Dr. Windsor was sentenced to three years, two months in federal prison and three years of supervised release in connection with this conduct.
The government also alleges that Dr. Windsor submitted or caused the submission of false claims to Medicare, the Georgia and Kentucky Medicaid programs, TRICARE, and FEHBP for medically unnecessary balance tests, nerve conduction and electromyography procedures, and qualitative drug screens performed in Georgia and Kentucky during the period from January 1, 2010 through June 30, 2014.
In order to satisfy the $20 million consent judgment, Dr. Windsor will sell all but one of his residential and commercial properties and pay the net sale proceeds to the government. Dr. Windsor will also sell certain other assets, including two boats and four jet skis, and pay the net sale proceeds to the government.
The settlement resolves two lawsuits filed by three whistleblowers, Kris Frankenberg, Stephanie Herder, and Bradley Davis, under the qui tam provisions of the False Claims Act. Under the Act, private citizens can bring suit on behalf of the government for false claims and share in any recovery. lawsuits resolved are captioned United States ex rel. Frankenberg v. Windsor et al., No. 1:12-cv-3114 (N.D. Ga.), and United States ex rel. Herder et al. v. National Pain Care, Inc., et al., No. 14-cv-00221 (E.D. Ky.).
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.4 billion through False Claims Act cases, with more than $19.6 billion of that amount recovered in cases involving fraud against federal health care programs.
This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Attorney’s Office for the Eastern District of Kentucky, 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 United States Attorneys Lena Amanti (Northern District of Georgia) and Paul McCaffrey (Eastern District of Kentucky).
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.
Georgia Tax Return Preparer Sentenced to Prison for Filing Fraudulent ReturnsRead the Press Release
An Atlanta, Georgia based tax return preparer was sentenced to 150 months in prison today for filing tax returns fraudulently claiming more than $20 million in refunds, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney John A. Horn for the Northern District of Georgia.
According to documents filed with the court, Cheryl Singleton, 29, owned and operated Advanced Tax Services, a tax preparation business with multiple locations throughout the Atlanta area. Singleton hired and trained employees to prepare fraudulent tax returns and encouraged them to manipulate the numbers to maximize their clients’ refunds. From 2011 through 2016, Singleton and her employees included false dependents and fraudulent Schedule C businesses on their clients’ returns in order to inflate their refunds.
Singleton and her employees also manipulated other individuals into providing their personal identification information by telling them they could qualify for an “Obama Stimulus” payment. and others used these individuals’ personal identification information to file fraudulent income tax returns in their names, without their knowledge or consent. In addition, attempted to defraud USAA, a financial institution serving military members and their families, out of more than $421,000 in fraudulent loans and lines of credit. used stolen and fake identities to try and open accounts, obtain credit cards and obtain loans from USAA.
Singleton previously pleaded guilty on Aug. 2, 2016 to wire fraud. In addition to the prison term imposed, Singleton was ordered to serve three years of supervised release and to pay $5,100,129.41 in restitution, including $4,944,524 to the Internal Revenue Service (IRS) and $105,597 in restitution to USAA.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Horn commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Trial Attorney Melanie Smith of the Tax Division and Assistant U.S. Attorney Samir Kaushal of the Northern District of Georgia, who prosecuted this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Atlanta Man Sentenced to 11 Years in Prison for Armed Carjacking at a College Park Gas StationRead the Press Release
ATLANTA - Dontrail Xavier Roundtree has been sentenced to 11 years, nine months in prison for an armed carjacking in College Park, Georgia, last year. Roundtree stole a car at gunpoint at a gas station, led police on a high-speed chase, tried to flee after crashing the stolen vehicle, and then fought with police officers trying to take him into custody.
“Roundtree victimized an innocent citizen and placed the lives of other citizens and police officers in danger when he led police on a high-speed chase,” said U. S. Attorney John Horn. “The public can rest easier knowing that law enforcement put an end to Roundtree’s crime spree.”
“The sentence that Roundtree received represents the seriousness of his crime, and this is just another example of ATF’s commitment in combating violent crime to protect our communities,” said ATF Special Agent in Charge Wayne Dixie.
According to U.S. Attorney Horn, the charges and other information presented in court: On January 26, 2016, Roundtree approached a patron at a gas station in College Park, pulled a .45 caliber semi-automatic pistol and demanded the victim’s car keys. Roundtree then fled in the victim’s car. After a witness called 911, a College Park Police Officer attempted to pull Roundtree over in the stolen vehicle. Roundtree then sped off.
A chase ensued on I-285 with speeds approaching 130 miles per hour. Roundtree finally crashed the car into a ditch upon exiting the interstate, and then ran while being pursued on foot by officers. Once apprehended, he was combative and kicked one officer as the officers tried to place him in custody.
Dontrail Xavier Roundtree, 24, of Atlanta, Georgia, was sentenced by U.S. District Judge Steve C. Jones to 11 years, nine months in prison to be followed by five years of supervised release. Roundtree was convicted of these charges on November 7, 2016, after he pleaded guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant United States Attorney 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.
Leader of Stolen U.S. Treasury Check Ring SentencedRead the Press Release
ATLANTA – Milton Minter a/k/a White Boi has been sentenced as one of the leaders of a group that stole over $10 million in U.S. Treasury checks and cashed them at Walmart and Kroger stores using fake identifications.
“Minter was one of the leaders of a theft ring responsible for stealing over 6,000 checks,” said U.S. Attorney John Horn. “When criminals steal Treasury checks, they victimize senior citizens, the disabled, and veterans who depend on these funds for their well-being.”
“The success of this investigation is a directly attributable to the other federal agencies that partnered with the Secret Service to bring this ring to justice," said Kenneth Cronin, Special Agent in Charge of the U. S. Secret Service, Atlanta Field Office. "It is immensely satisfying to see those who prey on the vulnerable among us punished.”
“As a result of coordinated investigative efforts, the sentence handed down in this case will send a clear message to mail thieves that you will be vigorously pursued and brought to justice. I fully commend the hard work and countless hours put forth by the Stolen Treasury Check Task Force, which resulted in the arrest and prosecution of this individual and the other co-defendants in this case,” said Paul D. Mezzanotte, Acting U.S. Postal Inspector in Charge of the Charlotte Division. “An important part of the U. S. Postal Inspection Service mission is to ensure public trust in the mail and to defend the nation’s mail system from illicit financial gain.”
“Social Security payments are intended to benefit some of our most vulnerable citizens, including seniors and the disabled, so leading a scheme to steal millions of dollars in government checks is an intolerable offense,” said Margaret Moore-Jackson, Special Agent-in-Charge of the Social Security Office of the Inspector General’s Atlanta Field Division. “The SSA OIG is committed to working with the Stolen Treasury Check Task Force to detect and investigate government check theft, and we thank the U.S. Attorney’s Office in Northern Georgia for prosecuting this significant case.”
“The United States Postal Service Office of Inspector General takes allegations of mail theft seriously and vigorously investigate these matters to protect the overall integrity of the Postal Service,” said Special Agent in Charge Paul L. Bowman.
Robert A. Bourbon, Special Agent in Charge of the DOJ OIG’s Miami Field Office said, “The DOJ OIG very much appreciates the diligent efforts of our fellow law enforcement agencies in bringing this matter to such a successful conclusion.”
According to U.S. Attorney Horn, the charges, and other information presented in court: Milton Minter a/k/a White Boi, received stolen U.S. Treasury checks that were taken from the U.S. Mail before reaching their intended recipients. The stolen checks included tax refunds, Social Security benefits, and veteran’s disability checks. After receiving the checks, Minter provided them to check cashers who negotiated the stolen checks, mainly at Walmart and Kroger stores. The check cashers used fake driver’s licenses to pose as the check payees and forged the payees’ names on the back of the checks. They also used others’ Social Security numbers to cash the checks.
In an effort to avoid detection, they traveled to different states, including Alabama, Mississippi, Illinois, Michigan, Minnesota, Kentucky, Iowa, Louisiana, and Tennessee, to cash the stolen checks. The ring was responsible for cashing over 6,000 stolen U.S. Treasury checks worth over $10 million.
The indictment in this case charged Minter along with 15 other defendants. The indictment alleges that another leader of the group, Maurice Shuler a/k/a Fred, 27, of Atlanta, Georgia, also received stolen U.S. Treasury checks and provided them to check cashers. The remaining defendants are alleged to have worked with Minter and Shuler and cashed checks as part of the scheme. To date, eight of the other 15 defendants have pleaded guilty. Seven of those defendants have been sentenced so far, to jail terms spanning from two to seven years.
Minter, 32, of Riverdale, Georgia, was sentenced by U.S. District Judge Timothy C. Batten, Sr. to 10 years in prison to be followed by three years of supervised release, and ordered to pay a $75,000 fine. He was convicted of theft of government money and aggravated identity theft after pleading guilty on May 31, 2016.
This case is being investigated by the United States Secret Service; United States Postal Inspection Service; Social Security Administration, Office of Inspector General; United States Postal Service, Office of Inspector General; and Department of Justice, Office of the Inspector General.
Assistant United States Attorneys Stephen H. McClain and Christopher C. Bly 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.
Atlanta Heroin Trafficking Ring Convicted of Distribution in English Avenue CommunityRead the Press Release
ATLANTA - Bernard Stokley, a/k/a Big Pat, Tobias Ellison, Alvin Hughley, a/k/a Alvin Beasley, and Vance Hoard, a/k/a Bernard Hoard, a/k/a Vance Holland, all of Atlanta, have pleaded guilty to conspiracy to distribute heroin in Atlanta’s English Avenue community. The defendants advertised their heroin on Facebook, and accepted orders over the telephone and through social media including Facebook and Snapchat. Law enforcement learned of their criminal activity from a citizen’s tip to the Atlanta Police Department’s Crime Stoppers tip-line.
“Dismantling this heroin ring illustrates the changing nature of the heroin market in the English Avenue community,” said U.S. Attorney John Horn. “Where the dealers used to sell openly on every corner, they now have to arrange their sales via telephone or social media. And, as demonstrated by the brave citizen who called Crime Stoppers, the residents of English Avenue are no longer willing to tolerate this business in their community, and they are empowered to call police to help get rid of it.”
“The successful conviction of these four defendants who were selling poison in the English Avenue community is an excellent example of the success that can be achieved when community members and law enforcement partners work together to identify problems that have a negative impact on our overall quality of life in our community,” said James M. Deir, Assistant Special Agent in Charge, ATF Atlanta Field Division.
"The arrest and conviction of these four illegal drug dealers is proof that citizens and law enforcement can work together to put an end to the heroin epidemic,” said Atlanta Police Chief Erika Shields. “We know the problem won’t be fixed overnight; however, with the assistance of our state and federal partners we’re providing the resources to rid the English Avenue area of drugs. The citizens are the eyes and ears of the community and with their input we can continue to take criminals off the streets and vigorously work to redevelop the historic community.”
“These convictions illustrate that drug trafficking at any level will not be tolerated in the state of Georgia. The Georgia Bureau of Investigation is fully committed to working with our local and federal partners in combating the heroin epidemic,” said Vernon Keenan, Director, Georgia Bureau of Investigation.
According to U.S. Attorney Horn, the charges, and other information presented in court: On May 23, 2016, the Atlanta Police Department (APD) received a tip through its Crime Stoppers tip-line that an individual going by the alias of “Big Pat” – later identified by law enforcement as Bernard Stokley – was advertising drugs for sale, including heroin on Facebook. It was reported that Stokley was even offering “specials of the day” on illegal drugs. APD shared the tip-line information with the ATF, which together with APD validated the tip.
ATF, working in conjunction with APD, then set up a series of undercover narcotics purchases from Stokley. Each transaction was arranged using the telephone number on Stokley’s Facebook page and occurred in the English Avenue community. On each occasion, Bernard Stokley was present, but he always sent a runner – Tobias Ellison, Alvin Hughley, or Vance Hoard – with the heroin to complete the hand-to-hand transaction.
Bernard Stokley, a/k/a Big Pat, 27, Tobias Ellison, 28, Alvin Hughley, a/k/a Alvin Beasley, 54, and Vance Hoard, a/k/a Bernard Hoard, a/k/a Vance Holland, 48, all of Atlanta, all pleaded guilty. Sentencings are scheduled for April 20, 2017, at 2:00 p.m., before U.S. District Judge Orinda D. Evans.
This case is being investigated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, the Atlanta Police Department, and the Georgia Bureau of Investigation.
Assistant United States Attorney Ryan M. Christian 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.com.
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.
Fayetteville Man Sentenced to 10 Years for Arranging to have sex with a MinorRead the Press Release
ATLANTA - John Katz has been sentenced to 10 years in prison for communicating with a minor on the Internet for the purpose of engaging in illegal sexual activity with her. Katz drove more than 30 miles to meet the minor and was arrested when he showed up at a pre-arranged site to meet her for sex.
“This case shines a light on some of the darkest corners of the Internet, where predators troll for the opportunity to victimize children,” said U. S. Attorney John Horn. “This was not Katz’s first attempt to reach out from the Internet to actually have sexual contact with a minor. This case prevents him from further attempts to make the Internet a dangerous place for children.”
“Identifying and stopping the sexual abuse of underage victims is one of this agency’s highest investigative priorities,” said Special Agent in Charge of ICE Homeland Security Investigations Atlanta Nick Annan. “Underage children cannot consent to sexual activity -- period. This sentencing clearly illustrates that anyone who seeks out sex with an underage person can and will face serious criminal charges and an extensive period of time behind bars.”
“This conviction illustrates the great work of law enforcement to investigate and prosecute crimes against children. The Georgia Bureau of Investigation is committed to working with our local, state, and federal partners to combat the epidemic of child sexual exploitation and abuse cases,” said Vernon Keenan, Director, Georgia Bureau of Investigation.
According to U.S. Attorney Horn, the charges and other information presented in court: In February 2014, Katz posted an ad on Craigslist that was titled “Daddy looking for teenage slut.” In the ad, Katz expressed his interest in finding a young girl to act out his sexual fantasies. An agent with the Georgia Bureau of Investigation (GBI) posed as a 15-year-old girl and responded to his ad. She wrote that she was “too young” for him but just wanted “to say hey!” Katz continued communicating with the girl and was graphic in his descriptions of the sex acts that he wanted to have with her.
At the same time, Katz was also communicating over the Internet with a 14-year-old girl and was trying to make arrangements to meet with her for the purpose of having sex with her. This 14-year-old girl in reality was another GBI agent acting in an undercover capacity.
On February 28, 2014, Katz drove from his home in Fayetteville to Lithonia, Georgia, to meet the 15-year-old girl. He was arrested when he showed up at a pre-arranged site. Additionally, he had condoms and a number of sex toys with him. After his arrest, he admitted that several years earlier he had actually had sex with a 15-year-old girl when he lived in Ohio and that he knew her age at the time they met.
John Katz, 32, of Fayetteville, Georgia, was sentenced to 10 years in prison to be followed by eight years of supervised release. Katz was convicted of these charges on November 3, 2016, after he pleaded guilty.
This case was investigated by the Georgia Bureau of Investigation and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Assistant United States 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.
Construction Company Owner Charged with Paying over $1 Million in Bribes for City of Atlanta ContractsRead the Press Release
ATLANTA - Elvin R. Mitchell, Jr., has been arraigned on conspiratorial bribery and money laundering charges for paying over $1 million to obtain City of Atlanta contracts.
“Mitchell brazenly sought to buy government contracts,” said U.S. Attorney John A. Horn. “Contractors who bribe their way into public work undermine the integrity of the system and ultimately cost taxpayers more money to get important projects done.”
“This case clearly demonstrates that those individuals who attempt to illegally influence our public officials can easily find themselves the subject of a federal investigation and prosecution. Because of the vast harm caused by public corruption, the FBI continues to make it our number one priority within our criminal investigative program and we ask that the public promptly report any information regarding this type of activity to their nearest FBI field office,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“The public contracting process should be one of integrity and fairness,” stated Special Agent in Charge Veronica F. Hyman-Pillot. “Those who elect to pay illegal bribes to further their business interests should know that they are not beyond the reach of the law.”
According to U.S. Attorney Horn, the charges, and other information presented in court: Elvin R. Mitchell, Jr. serves as the owner and operator of E.R. Mitchell Company, Cascade Building System, LLC., E.R. Mitchell Group, Inc. and EC & WT Construction Company, Inc., d/b/a E.R. Mitchell Construction Co.
In an effort to obtain construction-related contracts with the City of Atlanta, Mitchell and another person in the construction industry agreed to pay, and did pay an individual to obtain government contracts. From approximately 2010 to August 2015, Mitchell paid over $1,000,000 to an individual in exchange for City of Atlanta contracts, believing that some of the money would be paid to city official/s who exercised influence over the contracting process.
Mitchell also laundered the money received from the City of Atlanta by attempting to conceal the source of the money and by attempting to evade federal currency transaction reporting requirements by withdrawing cash in amounts under $10,000.
Elvin R. Mitchell, Jr., 63, of Atlanta, Georgia, was charged by information and is expected to plead guilty to the charge later this month.
This case is being investigated by the Federal Bureau of Investigation and Internal Revenue Service Criminal Investigation.
First Assistant United States Attorney Kurt R. Erskine and Assistant United States 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.
Three Corporate Executives Sentenced to Federal Prison for Bribing Dekalb County & Georgia World Congress Center Authority OfficialRead the Press Release
ATLANTA – Anthony Lepore, John Rife, and Brian Domalik, the former President, Regional Vice President, and Division Manager for Rite Way Service, Inc., have been sentenced for conspiracy, bribery and honest services fraud for their roles in a multi-year, multi-million-dollar scheme to bribe a public official who was employed with DeKalb County government and the Georgia World Congress Center Authority.
“Public corruption, whether it’s corrupt officials who take bribes or the boardroom executives who pay them, is absolutely unacceptable,” said U.S. Attorney John Horn. “These sentences should provide a measure of justice to the businesses across the State of Georgia that do business honestly, ethically, and lawfully.”
“This sentencing of three corporate executives brings to close an extensive federal public corruption investigation conducted by the FBI with assistance from the GBI. This case makes it very clear to all that those engaged in enticing public officials via bribes, kickbacks or quid pro quos, are subject to investigation and prosecution as well. The FBI asks that anyone with information regarding similar such activities involving public corruption to contact their nearest FBI field office,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
According to U.S. Attorney Horn, the charges and other information presented in court: Lepore was the President and CEO of Rite Way Service, Inc., an Alabama-based company that sought to do business with both DeKalb County and the Georgia World Congress Center Authority (GWCCA), a state government entity that manages the Georgia World Congress Center, the Georgia Dome, Atlanta’s Centennial Olympic Park, and other properties. Rife was the Rite Way Regional Vice President who oversaw the company’s Georgia Division, based in Norcross, Georgia. Domalik was the Division Manager in charge of Rite Way’s Georgia Division between 2010 and 2014.
Beginning in the summer of 2005, Lepore, Rife, and former Rite Way Georgia Division Manager Cecil Clark conspired to bribe Patrick Jackson, a public official who was simultaneously working full time as a contracting official for DeKalb County and the GWCCA, in connection with janitorial services contracts with those government entities. The government contracts were worth millions of dollars. The bribes amounted to over $100,000 in payments for Jackson’s rent, utilities, and a garage lease for a luxury apartment over a six-year period in downtown Atlanta, as well as cash payments, over $24,000 in furniture for the apartment, a $5,100 deposit for event space for a party that that Jackson threw, and other benefits. Domalik joined the conspiracy in late 2010, when Clark resigned from Rite Way, and continued the scheme with Lepore and Rife through 2012.
In exchange for the payments and other benefits from Rite Way, Jackson used his position as a public official to help Rite Way win, maintain and increase profits from multi-year janitorial services contracts with DeKalb County and the GWCCA worth millions of dollars.
Patrick Jackson, 55, of Loganville, Georgia, was indicted by a federal grand jury on September 9, 2014 on one count of conspiracy to commit honest services fraud, and nine counts of honest services fraud. Jackson pleaded guilty to one count of conspiracy, and was sentenced to four years, three months in federal prison, ordered to pay restitution to DeKalb County and GWCCA, and fined $20,000.
Cecil Clark, 55, of Jonesboro, Georgia, waived indictment and pleaded guilty to a Criminal Information charging him with conspiracy to commit bribery on May 26, 2015. Ultimately, Clark was sentenced to serve one year, one month in federal prison, ordered to pay restitution to DeKalb County and GWCCA, and fined $20,000.
Anthony Lepore, 64, of Birmingham, Alabama, was sentenced to nine years in prison, to be followed by two years of supervised release. He was fined $115,000, and ordered to pay $165,415 in restitution.
John Rife, 66, of Cumming, Georgia, was sentenced to three years, one month in prison, to be followed by three years of supervised release. He was fined $100,000, and ordered to pay $168,715 in restitution.
Brian Domalik,49, of Kennesaw, Georgia, was sentenced to one year, eight months in prison, to be followed by two years of supervised release. He was fined $25,000, and ordered to pay $45,408 in restitution.
This case was investigated by the Federal Bureau of Investigation. Valuable assistance was also provided by the Georgia Bureau of Investigation.
Assistant U.S. Attorney Kamal Ghali prosecuted the case. Former Assistant U.S. Attorneys Jamie L. Mickelson and David M. Chaiken previously prosecuted this matter.
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 Child Pornographer sentenced to 27 Years in Federal PrisonRead the Press Release
GAINESVILLE, Ga. - Michael Cannon has been sentenced to 27 years in federal prison for producing child pornography. Cannon photographed, and posted online, pornographic images of a minor. He then produced and provided to viewers who requested them via e-mail, additional images of him molesting two minor victims that were living in his home.
“This defendant not only molested two young girls living in his household, he further victimized them by recording his sexual abuse and then posting the images on the Internet,” said U.S. Attorney John Horn. “Thankfully the two girls have been rescued. We hope that this case will heighten awareness of child exploitation and deter others from committing such heinous crimes.”
“The victims in this case were stripped of their innocence and dignity, viciously abused and egregiously exploited countless times as a result of being abused and recorded for the pleasure of monstrous predators,” said Special Agent in Charge Nick Annan, ICE Homeland Security Investigations (HSI) in Atlanta. “The defendant truly deserves every day he will sit in a federal prison cell… every day and more.”
According to U.S. Attorney Horn, the charges and other information presented in court: In mid-December 2012, Cannon posted several images of a ten-year-old girl on a foreign-based website where people could post and share photographs. At least one of the images was child pornography. Several individuals posted comments on Cannon’s photographs and asked about trading photos. Cannon gave them his e-mail address and, when they wrote him, he sent them explicit photographs showing him in the act of molesting two young girls. In return, he received dozens of e-mails containing images and videos of other children being sexually abused.
As part of their investigation, agents determined the true identities of the two minor victims that Cannon photographed and posted online. Both were living in the same house as Cannon. The girls were rescued and removed from the household.
Cannon, 34, of Gainesville, Georgia, has been sentenced to 27 years in prison to be followed by a lifetime of supervised release. Cannon was convicted of these charges on June 16, 2014, after he pleaded guilty. There is no parole in the federal system.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Assistant United States 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 home page for the U.S. Attorney’s Office for the Northern District of Georgia Gainesville Division is http://www.justice.gov/usao/gan/.
Six Defendants Sentenced for Wide-Ranging Bank Fraud and Identity Theft SchemeRead the Press Release
ATLANTA - Six defendants have been sentenced over the last week for their roles in a bank fraud conspiracy scheme that involved withdrawing funds from compromised bank accounts and stealing personal identifying information from victims across the country.
“The leaders of this conspiracy sought out bank accounts with large sums of money and then worked with their co-conspirators to obtain the specific account information and personal identifying information for those account holders, eventually draining the accounts of all the money,” said U.S. Attorney John Horn. “Citizens expect that their personal information, as well as their money, is secure, and these defendants threatened that sense of security.”
“Financial fraud is one of the largest challenges facing American citizens and businesses today. The United States Secret Service will continue to collaborate with its law enforcement partners to target and arrest individuals who steal from unsuspecting victims,” said Kenneth Cronin, Special Agent in Charge of the U.S. Secret Service, Atlanta Field Office. “This sentencing should be a warning to other like-minded criminals that they will be punished for their wrongdoings.”
According to U.S. Attorney Horn, the charges and other information presented in court: Darnell Crutcher and Robert Warren, working together and with others, obtained bank account information of individuals with Home Equity Line of Credit (HELOC) accounts with JP Morgan Chase and other banks. On at least one account, Warren impersonated an account holder to obtain the available balance and days later Crutcher impersonated the same account holder and transferred over $150,000 out of the account.
Warren also allowed funds from compromised accounts to be transferred into his own accounts and funneled the money, in wire transfers and cash withdrawals, at Crutcher’s direction. Willie Hubbard, an associate of Crutcher’s, provided Crutcher with his bank account information on accounts he shared with Clifford Waller, his cousin. Crutcher also used these accounts to funnel funds from compromised accounts into, and then directed Hubbard on transferring and withdrawing the compromised funds, activity Waller also facilitated.
Juan Enriquez, who knew Crutcher from an Atlanta-area softball team, brought other individuals into the conspiracy. Enriquez’s wife, Anna Enriquez, a former banker with JP Morgan Chase, assisted an impersonator on one of the bank account takeovers who transferred $500,000 out of the victim’s HELOC account.
Darnell Crutcher, 55, of Atlanta, Georgia, has been sentenced to nine years and one month in prison to be followed by five years of supervised release, and ordered to pay restitution in the amount of $794,825.90. Crutcher was convicted of bank fraud conspiracy and aggravated identity theft on October 21, 2016, after he pleaded guilty.
Robert Warren, 52, of Atlanta, Georgia, has been sentenced to five years and five months in prison to be followed by five years of supervised release, and ordered to pay restitution in the amount of $544,825.90. Warren was convicted of bank fraud conspiracy and aggravated identity theft on December 9, 2015, after he pleaded guilty.
Enriquez, 44, of Ft. Lauderdale, Florida, has been sentenced to three years and three months in prison to be followed by five years of supervised release, and ordered to pay restitution in the amount of $252,825.90. Enriquez was convicted of bank fraud conspiracy and aggravated identity theft on August 2, 2016, after he pleaded guilty.
Willie Hubbard, 52, of Lithonia, Georgia, has been sentenced to three years and one month in prison to be followed by four years of supervised release, and ordered to pay restitution in the amount of $369,000. Hubbard was convicted of bank fraud conspiracy and aggravated identity theft on July 19, 2016, after he pleaded guilty.
Clifford Waller, 41, of Lithia Springs, Georgia, has been sentenced to two years and four months in prison to be followed by five years of supervised release, and ordered to pay restitution in the amount of $472,211.06. Waller was convicted of bank fraud related to his conduct described above, as well as bank fraud conspiracy related to a separate federal investigation, on February 1, 2016, after he pleaded guilty.
Anna Enriquez, 44, of Ft. Lauderdale, Florida, has been sentenced to 13 months of probation, including three months of home confinement, and ordered to pay restitution in the amount of $222,825.90. Anna Enriquez was convicted of bank fraud conspiracy on August 2, 2016, after she pleaded guilty.
All of the defendants were sentenced by U.S. District Court Judge William S. Duffey, Jr.
This case was investigated by the United States Secret Service. The United States Postal Inspection Service also provided valuable assistance.
Special Assistant United States Attorney Erin E. Sanders and Assistant United States Attorney Steven D. Grimberg 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.
Seven Time Drug Felon sentenced to 21 Years in Federal Prison for Illegally Possessing a FirearmRead the Press Release
ATLANTA - Quinton Jackson, a/k/a Quinton Smith, a/k/a Jaquavious Dixon, has been sentenced to 21 years and 10 months’ imprisonment for possessing a firearm after having been convicted of six prior drug felony offenses. Because of his extensive prior criminal record, Jackson was sentenced as an Armed Career Criminal under federal law.
“Jackson reached for a firearm when stopped for routine traffic violation, and fortunately APD officers quickly subdued him and resolved the situation without injury to anyone involved,” said U.S. Attorney John Horn. “Unlawfully possessed weapons are a serious threat to the safety and security of our communities, especially in the hands of dangerous criminals.”
“This sentence is another reminder that ATF and our law enforcement partners will hold individuals accountable for any criminal behavior, especially that which threatens the safety of innocent civilians,” said ATF Assistant Special Agent in Charge John Schmidt.
“For Atlanta to be a safe city, we must continue to get repeat offenders off our streets,” said Atlanta Police Chief Erika Shields. “A routine traffic stop was the key to holding Mr. Jackson accountable for his various crimes. Our relationships with our law enforcement partners allow us to remove not only weapons but serious criminals from the City of Atlanta.”
According to U.S. Attorney Horn, the charges and other information presented in court: On August 22, 2014, Jackson was traveling through the Boulevard Corridor in Atlanta’s Old Fourth Ward neighborhood. Atlanta police officers patrolling the area stopped Jackson’s vehicle for a traffic violation. While approaching the vehicle, an officer noticed Jackson reaching under the driver’s seat. Police then ordered Jackson to stop reaching and open the driver’s window so that an officer could speak with Jackson. After Jackson refused, officers removed Jackson from his vehicle and seized a firearm from underneath the driver’s seat where Jackson had been reaching. Heroin, crack cocaine, and methamphetamine also were discovered in a bag concealed within the console.
Law enforcement later questioned Jackson who admitted that he sold drugs, notwithstanding his six previous felony drug convictions. Jackson also admitted that he had been reaching under the seat for the firearm because he did not want to return to prison, suggesting to the officers that Jackson would have resorted to violence to escape the law. Later investigation revealed that during a traffic stop earlier that summer Jackson had dragged another Atlanta police officer down the road when that officer’s arm became trapped in Jackson’s vehicle as Jackson fled the traffic stop.
Because five of Jackson’s drug convictions constituted “serious drug offenses” under federal law, Jackson qualified as an Armed Career Criminal subject to an enhanced sentence.
Quinton Jackson, a/k/a Quinton Smith, a/k/a Jaquavious Dixon, 36, of Atlanta, Georgia, was sentenced to 21 years, 10 months in prison to be followed by five years of supervised release. Jackson had been found guilty by a jury on July 13, 2016.
This case was investigated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Atlanta Police Department.
Assistant United States Attorney Ryan M Christian 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.
Sandy Springs Podiatrist and Office Manager charged with Illegal Distribution of Fentanyl, Oxycodone, and Other DrugsRead the Press Release
ATLANTA – Dr. Arnita Avery-Kelly, a licensed podiatrist, and Brenda Lewis, Avery-Kelly’s office manager, have been arraigned on federal charges of illegal distribution of opioid pain killers and other drugs at clinic locations purporting to provide podiatric care in Sandy Springs, and Lithonia, Georgia. Dr. Avery-Kelly and Ms. Lewis were indicted by a federal grand jury on December 21, 2016.
“Dr. Avery-Kelly was trusted to provide appropriate medical care to her patients,” said U. S. Attorney John Horn. “Instead, with the assistance of Ms. Lewis, she allegedly prescribed addictive opioids without any legitimate medical need. Addiction to powerful prescription opioids unfortunately continues to take a daily toll on many members of our community.”
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Field Division commented on the case, “It is sad commentary when persons in the medical community abuse their positions of trust to hide behind the veil of legitimacy to commit criminal acts. The reckless distribution of pharmaceuticals results in addiction and death. Many thanks to the men and women in law enforcement who made this case a success.”
“Health care fraud and the abuse of prescription medications are increasing threats to our local communities,” said Derrick L. Jackson, Special Agent-in-Charge of the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “HHS-OIG continues to focus resources on those who divert prescription medication for profit and abuse. Our criminal investigators will continue to work with our law enforcement partners to bring the responsible individuals to justice.”
According to U.S. Attorney Horn, the indictment, and other information presented in court: Dr. Arnita Avery-Kelly is a licensed podiatrist, which means she is permitted to evaluate and treat the foot and leg. A nearly three-year federal investigation began after the Georgia Drug & Narcotics Agency (GDNA) visited Dr. Avery-Kelly in November 2013, and February 2014, to discuss high volume, high dosage prescriptions she had written for opioids. The indictment alleges that despite GDNA’s warnings, Dr. Avery-Kelly, with the assistance of office manager, Brenda Lewis, continued to prescribe large volumes of controlled substances without a legitimate medical need and outside the scope of a podiatric practice.
For example, during a nine-month period between December 2014 through August 2015, Dr. Avery-Kelly allegedly prescribed over 116,500 oxycodone 30mg pills, 41,800 hydromorphone 8mg pills, and 400 fentanyl patches. In April 2016, agents with the DEA and HHS executed a federal search warrant at Dr. Avery-Kelly’s office in Sandy Springs. At that time, Dr. Avery-Kelly voluntarily surrendered her DEA registration that permitted her to prescribe controlled substances.
Dr. Arnita Avery-Kelly, 54, and Brenda Lewis, 55, both of Atlanta, Georgia, were arraigned before U.S. Magistrate Judges Russell G. Vineyard and Catherine M. Salinas, respectively.
Avery-Kelly and Ms. Lewis are both charged with conspiring to distribute controlled substances outside the usual course of professional medical practice and for no legitimate medical purpose from November 2013 to December 2015. The drugs allegedly supplied include oxycodone, hydromorphone, fentanyl, hydrocodone, phentermine, alprazolam, and promethazine with codeine. Avery-Kelly is also charged with two counts of maintaining a podiatry clinic – first in Lithonia and later in Sandy Springs – for the purpose of illegally distributing drugs. Finally, Avery-Kelly is charged with fifty-seven individual counts of illegal drug distribution for specific prescriptions written to three separate customers. Ms. Lewis is charged with aiding and abetting Avery-Kelly for eight of those prescriptions.
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 DEA and HHS, with valuable assistance provided by the Georgia Drug & Narcotics Agency, Georgia State Patrol, and the Sandy Springs Police Department.
Assistant United States Attorneys Jennifer Whitfield and Michael Brown 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.com.
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.
Founder of Fake Prison Charity sentenced for stealing Prisoner Identities, Claiming Millions of Dollars in false Tax RefundsRead the Press Release
ATLANTA - Qadir Shabazz, a/k/a Deangelo Moore, a/k/a Deangelo Muhammad, has been sentenced to a prison term of 23 years, one month for running a massive, multi-state fraud scheme in which he operated a fake prison charity that stole thousands of prisoners’ identities to apply for millions of dollars in fraudulent income tax refund dollars. Shabazz was found guilty of 33 felony counts following a jury trial in January 2016.
“Shabazz preyed upon prisoners that he promised to help, all in an effort to steal millions from the government,” said U. S. Attorney John Horn. “He thought he could go undetected by using the identities of prisoners, who would not notice tax irregularities, with no regard for the false hope he created for them through his bogus charity. Shabazz will now have an opportunity to better understand the situation of the prisoners he victimized.”
“Misusing his position of trust at Indigent Inmate, Qadir Shabazz stole the identities of unsuspecting prisoners and filed false tax returns in their names,” said Veronica Hyman-Pillot, Special Agent in Charge, IRS Criminal Investigation. “Individuals who commit refund fraud and identity theft of this magnitude deserve to be punished to the fullest extent of the law. Today, Mr. Shabazz is held accountable for his criminal actions.”
Paul D. Mezzanotte, Acting U.S. Postal Inspector in Charge of the Charlotte Division stated, “This is a great example of a law enforcement partnership that worked together to unravel a sophisticated Identity Theft scheme that stole prisoner’s identities for personal financial gain. The U.S. Postal Inspection Service will continue to be vigilant in disrupting criminal organizations who illegally utilize the nation’s mail system.”
“I commend all of the law enforcement personnel in Pennsylvania and around the country that helped to bring down this well-organized identity theft and tax fraud scam,” said Pennsylvania Department of Revenue Secretary Eileen McNulty. “Qadir Shabazz took advantage of prisoners through this multi-state conspiracy and he victimized all of us by stealing tax dollars.”
According to U.S. Attorney Horn, the charges and other information presented in court: In 2009, Qadir Shabazz started a fraudulent prison charity called Indigent Inmate. The supposed purpose of Indigent Inmate was to provide religious literature and financial assistance to prisoners serving time in state prisons around the country. Shabazz’s employees at Indigent Inmate mailed out thousands of applications for assistance to prisons around the country, and Indigent Inmate received thousands of completed applications back through the mail. Notably, the applications required the prisoners applying for assistance to provide their name, date of birth, and Social Security Number.
Various inmates testified at trial that they had sent their information to Indigent Inmate because they hoped they would get some type of assistance while they were incarcerated. One prisoner hoped Indigent Inmate would send him stamps so he could write letters to his parents while another hoped he would get religious materials. Once Shabazz was in possession of this identifying information from the prisoners, he and his co-conspirators filed thousands of fraudulent income tax returns in the names of those prisoners between 2010 and 2012. In total, the tax returns requested over $12,000,000 in fraudulent tax refunds.
Notably, the tax returns would list as the home address of the alleged person filing the tax return, addresses that Shabazz or one of his associates controlled in the Atlanta, Georgia, Chattanooga, Tennessee, or Pittsburgh, Pennsylvania areas. The tax refunds would typically be sent to one of these addresses in the form of prepaid debit cards or checks. For instance, from 2010 through 2012, 668 tax returns in the names of Indigent Inmate applicants were filed listing the home address as the same small house located in the Atlanta area.
Qadir Shabazz, a/k/a Deangelo Moore, a/k/a Deangelo Muhammad, 41, of Atlanta, Georgia, was sentenced by United States District Judge Timothy C. Batten Sr. to serve 23 years, one month in prison, followed by five years of supervised release. Shabazz was ordered to pay $1,680,299 in restitution to the IRS.
This case was investigated by the Internal Revenue Service Criminal Investigation and United States Postal Inspection Service. The Office of the Attorney General for the Commonwealth of Pennsylvania and the Office of Pennsylvania Department of Revenue, Bureau of Criminal Tax Investigations uncovered this scheme and launched a separate state investigation.
Assistant United States Attorneys Thomas J. Krepp and Mary L. Webb 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.
U.S. Attorney’s Office for the Northern District of Georgia Collects over $108 Million in Civil and Criminal Actions in Fiscal Year 2016Read the Press Release
ATLANTA - U.S. Attorney John A. Horn announced today that the Northern District of Georgia aided in the collection of over $108 million for U.S. taxpayers in the fiscal year ending September 30, 2016. The Northern District of Georgia directly collected $13,226,147 in criminal and civil actions. Of this amount, $7,596,531 was collected in criminal actions and $5,629,616 was collected in civil actions. Additionally, the Northern District of Georgia worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an extra $95,443,068 in cases pursued jointly with these offices. Of this joint amount, $546,612 was collected in criminal actions and $94,896,456 was collected in civil actions.
Attorney General Loretta E. Lynch announced on December 14, 2016 that the Justice Department collected nearly $15.4 billion in civil and criminal actions in fiscal year 2016. The $15,380,130,434 in collections in FY 2016 represents more than five times the appropriated $2.93 billion budget for the 94 U.S. Attorneys’ offices and the main litigating divisions of the Justice Department combined in that same period.
"Every day, the men and women of the Department of Justice work tirelessly to enforce our laws, ensuring that taxpayer dollars are used properly and that the American people are protected from exploitation and abuse,” said Attorney General Lynch. “Today’s announcement is a testament to that work, and it makes clear that our actions deliver a significant return on public investment. I want to thank the prosecutors and trial attorneys who made this year's collections possible, and I want to emphasize that the department remains committed to the well-being of our people and our nation.”
“Financial enforcement of monetary penalties is a critical element of our office’s mission,” said U.S. Attorney John Horn. “We must ensure that crime does not pay. With the help of our partner agencies, we continue to focus on efforts to cheat the public and the government and to hold the perpetrators financially accountable.”
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
One of the largest criminal collections for FY2016 in the Northern District of Georgia was recovered in United States v. Jeffrey W. Edwards, an investment fraud case which involved more than thirty individual victims. Over $710,000 was collected on these victims’ behalf as a result of various enforcement methods, including garnishments.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, the U.S. Attorney’s Office for the Northern District of Georgia working with partner agencies and divisions, collected $10,014,052 in asset forfeiture actions in FY 2016. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
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 Postal Service Letter Carrier Charged with Discarding MailRead the Press Release
ATLANTA - Thomas O. Beaurem, 25, of McDonough, Ga., a former postal service employee, has been indicted by a federal grand jury on a charge of unlawfully delaying and destroying mail. He was arraigned today and pleaded not guilty before federal Magistrate Judge Justin Anand.
“People rely on postal service employees to safely deliver their important letters and packages,” said U. S. Attorney John Horn. “Beaurem allegedly violated this trust by dumping over four thousand pieces of mail in a wooded area in Decatur.”
“The overwhelming majority of Postal Service employees are honest and dedicated public servants who are worthy of our trust,” said U.S. Postal Service Office of Inspector General Special Agent in Charge Paul L. Bowman. “However, when we receive allegations of mail delay or destruction, our agency will aggressively investigate these matters to protect the overall integrity of the Postal Service,”
According to United States Attorney Horn, the indictment, and other public information: On October 18, 2016, the United States Postal Service was informed that there appeared to be a significant quantity of undelivered mail in a wooded area in Decatur. United States Postal Service investigators located the area and found approximately 4,500 pieces of mail, some with cancellation dates as early as October 5, 2016. Some of the correspondence was too badly damaged to deliver. Beaurem was allegedly responsible for the delivery of the recovered items. The mail that was in deliverable condition has since been delivered to its intended recipients by the Postal Service.
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 United States Postal Service Office of Inspector General.
Special Assistant U.S. Attorney Nicholas N. Joy 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.
Financial Fraud Leads to Prison SentenceRead the Press Release
ATLANTA - Robert A. Gist, 66, of Atlanta, Ga., was sentenced to five years of imprisonment for mail fraud in connection with his investment fraud scheme that stole $6.8 million.
"People entrust investment advisors with their life’s savings -- funds that are critical for retirement or their children’s education -- and the sad truth is that there are crooks like Gist who steal these funds for their own benefit. We encourage investors to thoroughly check out investment opportunities and credentials before entrusting their savings to anyone," said U.S. Attorney John Horn.
David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office, said: "The sentencing of Mr. Gist in federal court holds him fully accountable for his criminal actions. The FBI hopes that, in addition to the prison sentence handed down today as part of this sentencing, the many victims of this extensive financial fraud scheme are provided some degree of solace."
According to United States Attorney Horn, the charges and other information presented in court: Gist was a registered broker who controlled the investment firm, Gist, Kennedy & Associates and had more than 30 clients who invested more than $6.8 million with him. Gist obtained investment funds from his clients by misrepresenting that he would make certain conservative investments for them in corporate bonds and other securities, but instead took the funds from his clients and used them for personal expenses, to fund the operations of ENCAP Technologies (an industrial coating company), and to pay other clients purported dividends and proceeds from the investments he falsely claimed to have made for those other clients. Gist perpetrated the fraud by preparing and mailing false account statements to his clients that falsely showed the conservative investments and returns he was supposed to make but never did. The victims lost all of their investments.
Gist has been sentenced to 5 years in prison to be followed by 3 years of supervised release, and ordered to pay restitution in the amount of $6,803,260. Gist was on these charges on August 30, 2016, after he pleaded guilty.
This case is being investigated by the Federal Bureau of Investigation. Considerable assistance was provided by the Atlanta office of the United States Securities and Exchange Commission.
Assistant United States Attorney Christopher J. Huber prosecuted the case.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.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.
Chiropractor Indicted for Falsifying Medical Examination Records for Commercial DriversRead the Press Release
ATLANTA – Dr. Anthony Lefteris, 71, of Atlanta, was indicted today by a federal grand jury, on charges that he prepared false documents and entered false information into the records of the U.S. Department of Transportation so that commercial truck drivers could obtain their licenses. Lefteris will be arraigned at a later date.
“It is critical that commercial vehicle drivers are physically fit to handle the rigors of driving commercial vehicles, such as tractor trailer trucks,” said U. S. Attorney John Horn. “When a medical examiner fails to perform the duties entrusted to them or falsifies information, our roads and highways are less safe, putting all drivers at risk.”
“Today’s indictment of Dr. Anthony Lefteris demonstrates the commitment of the Department of Transportation Office of Inspector General to pursuing fraudulent activities by medical professionals in the motor carrier industry who are willing to compromise the safety of the traveling public for personal gain,” said Marlies Gonzalez, regional Special Agent-in-Charge for the USDOT OIG. “Working with our departmental, law enforcement and prosecutorial partners, we will continue to pursue and detect fraudulent schemes and bring to justice those seeking to compromise the integrity of DOT’s safety programs.”
According to United States Attorney Horn, the indictment, and other information presented in court: The U.S. Department of Transportation requires that individuals seeking to obtain or renew a state issued commercial driver’s license (CDL) must submit to a medical examination performed by a medical examiner and be medically certified as physically qualified to drive a commercial motor vehicle. These medical examinations ensure that drivers do not suffer from a medical condition that would otherwise impact their ability to drive a commercial vehicle safely. Commercial drivers present the U.S. DOT Medical Certificate to their State Driver’s Licensing Agency to document their physical fitness to obtain a CDL.
Lefteris, a U.S. DOT Medical Examiner, allegedly failed to perform certain procedures during medical examinations that aid in determining a driver's physical fitness to drive a commercial vehicle, including vision examinations, hearing examinations, and urinalyses. Despite his failure to perform all required procedures, Lefteris allegedly falsified Medical Examination Forms, documenting test results for procedures he never performed. As part of the scheme, he also issued U.S. DOT Medical Examiner's Certificates to drivers even though he did not did not conduct a complete medical examination. Lefteris subsequently transmitted his results to the U.S. DOT and certified that he performed the medical examinations in accordance with federal regulations.
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. Department of Transportation.
Assistant United States Attorney Tracia M. King 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.
New York Man Sentenced to Lengthy Prison Term for Selling Unsafe Dietary Supplements OnlineRead the Press Release
ATLANTA - Chenhsin Chan, a/k/a Paul Chan, 44, of Elmhurst, N.Y., was sentenced to a prison term of 11 years, 3 months late Friday in connection with his online marketing and sale of dietary supplements containing ephedrine notwithstanding a federal ban. Chan was found guilty of 30 felony counts following a three-day jury trial in May 2016.
"Today’s sentence reflects the serious implications of distributing substances like ephedrine on the Internet. Not only was he selling unsafe products, but he was marketing them online with false and misleading statements about their legality and efficacy,” said United States Attorney John Horn. “We urge members of the public to do their homework before purchasing dietary supplements from any source, especially online."
"Distributing unlawful, adulterated dietary supplements fraudulently marketed and sold as ‘legal’ products place the U.S. public health at risk," said Justin Green, Special Agent in Charge, FDA Office of Criminal Investigations’ Miami Field Office. "We will remain vigilant in our efforts to protect American consumers from these fraudulent and potentially dangerous products."
According to United States Attorney Horn, the charges, and other information presented in court: Paul Chan owned and operated The Wholesale Source, LLC, a company that marketed and sold dietary supplements, primarily through affiliated websites including www.thatswholesale.com and www.ephedrawholesale.com. From at least July 2005 through August 2012, Chan marketed and sold dietary supplements that contained ephedrine alkaloids on his websites. In April 2004, the FDA published a final rule declaring dietary supplements containing ephedrine alkaloids to be adulterated because they present an unreasonable risk of illness or injury. Chan was warned by FDA investigators and others that it was illegal to sell dietary supplements containing ephedrine alkaloids, but he continued to do so.
Chan’s websites made materially false and misleading claims concerning the use of ephedrine, such as that ephedrine has been approved by the FDA for treatment of any disease, and that ephedrine has “never been illegal.” The jury found that these false and misleading claims were designed to lure customers into believing that it was legal to purchase adulterated dietary supplements containing ephedrine, when it was not. Chan sold over $4.5 million in dietary supplements with ephedrine alkaloids, including to customers in the Northern District of Georgia.
Chan was charged by a federal grand jury on May 29, 2014, with ten counts of mail fraud, ten counts of introducing adulterated food (namely, dietary supplements containing ephedrine alkaloids) into interstate commerce, five counts of knowingly distributing a listed chemical (namely, ephedrine) without obtaining the required registration, and five counts of money laundering. The jury rendered a guilty verdict on all thirty counts of the indictment.
United States District Judge Orinda D. Evans sentenced Chan late Friday to serve 11 years, 3 months in prison, followed by three years of supervised release. Judge Evans also entered a final order forfeiting Chan’s assets, which the jury found Chan had purchased with proceeds from his crimes, including real property in New York that had been purchased for $950,000, a Mercedes Benz purchased for over $50,000, and a Lamborghini Gallardo purchased for approximately $117,000. The Court also forfeited over $666,000 in cash.
This case was investigated by the FDA’s Office of Criminal Investigations. The Drug Enforcement Agency provided valuable assistance.
Assistant United States Attorneys Steven D. Grimberg and Kelly K. Connors 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.
Antique Bookbinder Sentenced to Prison for False Invoices in Gutenberg Bible Fraud SchemeRead the Press Release
ATLANTA – Michael Chrisman, an Ohio bookbinder, has been sentenced to one year and nine months in federal prison for stealing nearly $500,000 from his Atlanta business partner in a bookbinding project. The defendant sent false invoices claiming that he completed more than 70 sets of replica Gutenberg Bibles, but he failed to complete all but a handful of sets and instead pocketed the victim’s money to pay for personal expenses.
"Mr. Chrisman tricked the victim into paying false invoices for hand-bound Gutenberg Bible facsimiles that were never completed, and the defendant repeatedly lied to cover up his fraud," said U. S. Attorney John Horn.
"Today’s sentencing in federal court holds the defendant, Michael Chrisman, fully accountable for his criminal actions. Fraud schemes involving such high loss amounts can do irreparable harm to many businesses, and the FBI remains committed toward assisting and protecting these businesses from those individuals, such as Mr. Chrisman," stated David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
According to United States Attorney Horn, the charges, and other information presented in court: Michael Chrisman, a bookbinder and rare books restorer, was the owner of Bookbinders Workshop, Inc. in New York. In 2010, Chrisman entered a bookbinding contract with the victim, who had obtained replica loose-leaf pages of the Gutenberg Bible. The original Gutenberg Bible was the first book printed in Western Europe using movable metal type, and the few remaining original copies are among the most valuable books in the world. Chrisman agreed to bind the replica Gutenberg Bible pages using traditional 15th century binding techniques, including hand-binding the pages in pigskin leather with brass clasps. The victim agreed to pay Chrisman’s invoices for each completed set, and the victim planned to sell each replica two-volume set for $12,500 when the entire project was complete.
From October 2010 through June 2013, the defendant sent approximately two dozen invoices to the victim falsely charging him up to $5,500 for each completed Gutenberg Bible set, in addition to bills for supplies. In reality, Chrisman completed binding for only five of the more than seventy sets billed to the victim, resulting in a loss to the victim of over $480,000. Chrisman lied to the victim repeatedly about his progress and only later confessed that he had falsely billed for sets he never completed and that he used the fraudulently obtained money to pay his own living expenses.
Michael Chrisman, 53, of Columbus, OH, was sentenced by U.S. District Court Judge Steve C. Jones to one year and nine months in federal prison to be followed by three years of supervised release, and he was ordered to pay $483,403 in restitution to the victim. Chrisman was convicted on a wire fraud charge on September 6, 2016, after he pleaded guilty.
This case was investigated by the Federal Bureau of Investigation.
Assistant United States 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 home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
Employer Pleads Guilty to Stealing Funds for Job Assistance Administered by Atlanta Workforce Development AgencyRead the Press Release
ATLANTA – Kevin Edwards, a former political candidate and night club owner, entered a guilty plea today in federal court to stealing federal funds administered by the Atlanta Workforce Development Agency (AWDA).
In connection with the guilty plea, the U.S. Attorney's Office for the Northern District of Georgia announced today that it has reached a civil settlement with the City of Atlanta, on behalf of the AWDA, which agreed to pay over $1.86 million to resolve allegations that AWDA violated the False Claims Act in its expenditure of Department of Labor grant funds for the federal On-the-Job Training (OJT) program.
“The resolution of these related cases ends a troubled chapter for the AWDA,” said U. S. Attorney John A. Horn. "AWDA exercised lax oversight over the OJT program, and this lack of controls set the stage for Edwards and his companies to abuse the program and steal funds that were intended to help citizens develop skills and find jobs."
“This City of Atlanta settlement resolves the allegations that the AWDA failed to ensure that U.S. Department of Labor funds were used to benefit those who qualified for the Department’s On-the-Job Training Program. We will continue to investigate allegations of DOL grant fraud, especially when Americans workers may be deprived of training and employment opportunities.” stated Rafiq Ahmad, Special Agent-in-Charge of the Atlanta Regional Office of the U.S. Department of Labor, Office of Inspector General.
According to United States Attorney Horn, the indictment, and other information presented in court: AWDA’s OJT program was funded with grants from the United States Department of Labor. The purpose of the OJT program is to increase employment by encouraging companies to hire employees that need additional job skills that the employer is willing to provide in exchange for wage reimbursement. The ultimate goal of the OJT program is for the employer to hire the participant at the end of the OJT contract period.
Edwards, a former budget analyst with the City of Atlanta, political candidate and nightclub owner, owned or controlled three companies in Atlanta between 2010 and 2012. During this three-year period, the three companies owned or controlled by Edwards received approximately $649,000 in OJT funds from the AWDA.
In participating in the OJT program, Edwards falsely represented to AWDA that his companies, Cronus Development, LLC (Cronus), CGE Construction and Consulting, Inc. (CGE), and The Elite Academy and Learning Center (Elite), would hire and train employees with the goal of full-time employment. Instead, Edwards failed to provide training programs, submitted forged and fraudulent wage reimbursement requests for employees that never worked for his companies, and paid workers only a fraction of the salary reported to AWDA. More specifically, instead of receiving training, OJT employees for CGE and Cronus reported that they did odd jobs, including cleaning up properties, yard work and working at one of Edwards’ nightclubs. Despite these shortcomings, Edwards received full payments from AWDA through the OJT program.
After the Department of Labor initiated its investigation and identified criminal violations by Edwards and his companies, investigators initiated an investigation of AWDA’s oversight and management of OJT funds. The investigation identified no additional criminal violations, but resulted in a civil investigation of allegations of inadequate oversight and compliance with reporting regulations designed to ensure that OJT funds were administered properly.
The civil settlement resolves the United States’ claims that, between 2010 and 2014, AWDA falsely certified compliance with Department of Labor regulations related to OJT. The government alleged that, contrary to these regulations, AWDA distributed funds to employers that enrolled existing employees instead of new job seekers, failed to provide any training to the OJT enrollees, and hired highly skilled employees, including individuals with professional licenses, who were not eligible for OJT. The government also alleged that AWDA failed to provide any of the services required by Department of Labor regulations to participants prior to enrolling them in OJT. The claims settled in the civil 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 and the U.S. Department of Labor, Office of Inspector General.
Assistant United States Attorney David A. O’Neal handled the civil investigation and Jeffrey A. Brown is prosecuting the criminal case for the U.S. Attorney’s Office.
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.
Union City Tax Return Preparer Found Guilty of FraudRead the Press Release
ATLANTA – Following a three-day jury trial, Frazier B. Todd, Jr. has been found guilty of preparing fraudulent tax returns on behalf of clients. Todd owned and operated Diverse Resource Business and Tax Firm in Union City, Georgia, along with Cozzie Walker and Robert Sheffield. Walker and Sheffield were also charged in the case and previously pleaded guilty.
"Mr. Todd and his co-conspirators compromised the integrity of our tax system by preparing false tax returns and obtaining fraudulent tax refunds for clients," said U.S. Attorney John Horn. "As we approach tax season, the public is cautioned to do their homework and choose their return preparers wisely."
"The verdict exemplifies IRS Criminal Investigation’s intense focus on the rigorous pursuit of tax refund fraud," stated Special Agent in Charge, Veronica F. Hyman-Pillot, IRS Criminal Investigation. "Frazier Todd not only violated the integrity of our tax system, but also placed an unfair burden on the hardworking taxpayers of America. We would like this verdict to serve as a strong message to other return preparers that there are consequences for committing refund fraud."
According to U.S. Attorney Horn, the charges and other information presented in court: Todd conspired with Cozzie Walker and Roberta Sheffield to exploit the American Opportunity Tax Credit (“AOTC”), a refundable tax credit for certain college expenses such as tuition and related costs. Marketing the AOTC as a “stimulus” available to almost anyone, Todd and his business partners prepared false tax returns for thousands of clients, many of whom were disabled, elderly, or low-income.
Todd was also convicted for a much broader fraud scheme in which he exploited not only the AOTC but other tax credits as well to maximize his clients' refunds. For example, he filed dozens of corporate tax returns falsely claiming that the businesses purchased tens of thousands of gallons of gasoline for "off-highway business use," and were entitled to the Fuel Tax Credit. He also falsely claimed that clients had installed solar panels on their homes in order to claim the Residential Energy Credit, which is designed for taxpayers who make green energy upgrades to their homes.The jury found Todd guilty of conspiracy to commit mail and wire fraud, obstructing the internal revenue laws, and ten counts of presenting false claims for refund to the IRS. The Government voluntarily dismissed two additional counts of presenting false claims prior to the trial. Cozzie Walker pleaded guilty on March 2, 2016, to conspiracy to commit mail and wire fraud. Roberta Sheffield pleaded guilty on March 21, 2016, to conspiracy to commit mail and wire fraud, and 14 counts of presenting false claims for refund to the IRS.
The sentencing of Frazier B. Todd, Jr., 58, of Atlanta, Georgia, is scheduled for March 8, 2017, also before U.S. District Court Judge Cohen.
The sentencings of Cozzie Walker, 42, of Atlanta, Georgia, and Roberta Sheffield, 43, also of Atlanta, Georgia, are scheduled for February 23, 2017, before U.S. District Court Judge Mark H. Cohen.
This case is being investigated by the Internal Revenue Service Criminal Investigation.
Assistant United States Attorneys Lynsey M. Barron and Steven D. Grimberg 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.
Atlanta Police Sergeant Charged with using Excessive Force against Walmart CustomerRead the Press Release
ATLANTA – Trevor King, a sergeant with the Atlanta Police Department (APD), has been indicted by a federal grand jury on charges of using excessive force against a customer at an Atlanta Walmart store.
“We work closely with APD and its dedicated officers every day to make our city safer. This indictment, however, alleges conduct that is so far outside the bounds of an appropriate police-citizen encounter that this officer must be held accountable,” said U.S. Attorney John Horn.
According to U.S. Attorney Horn, the indictment, and other public information: In 2014, APD Sgt. Trevor King was working off-duty as a security officer at the Walmart store located on Martin Luther King, Jr., Boulevard in downtown Atlanta. On the evening of October 13, 2014, King, dressed in his APD uniform, and carrying an expandable baton, stopped a customer from exiting the store because he wrongfully believed the customer had shoplifted. King allegedly grabbed the customer’s shirt and began to strike the man with his baton. King struck the customer multiple times, breaking the customer’s leg.
Trevor King, 48, of Rex, Georgia, is expected to be arraigned on these charges in federal court within the next week.
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 Federal Bureau of Investigation.
Assistant U.S. Attorney Brent Alan Gray and DOJ Civil Rights Division Trial Attorney Sanjay Patel 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 home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao-ndga.
Atlanta Police Sergeant Charged with Using Excessive ForceRead the Press Release
Atlanta Police Sergeant Trevor King, 48, of Rex, Georgia, was charged by a federal grand jury with violating the rights of a man by using excessive force against him on Oct. 13, 2014.
The indictment was announced today by Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division, and U.S. Attorney John Horn of the Northern District of Georgia.
According to the indictment and other publicly available information, in 2014, King was working off-duty as a security officer at a Walmart store located on Martin Luther King Jr. Boulevard in downtown Atlanta. On the evening of Oct. 13, 2014, King, dressed in his APD uniform and carrying an expandable baton, stopped a customer from exiting the store because he wrongfully believed the customer had shoplifted. King allegedly grabbed the customer’s shirt and began to strike the man with his baton. King struck the customer multiple times, breaking the customer’s leg.
An indictment is merely an accusation and the defendant is presumed innocent unless proven guilty.
The case is being investigated by the FBI and is being prosecuted by Trial Attorney Sanjay Patel of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Brent Alan Gray of the Northern District of Georgia.
ICYEAGLE, a Dark Web Vendor of Stolen Information, Sentenced to Federal PrisonRead the Press Release
ATLANTA - Aaron James Glende a.k.a. IcyEagle has been sentenced to four years and two months’ imprisonment for access device fraud and aggravated identity theft. Glende sold stolen personally identifying information and login credentials on AlphaBay Market, a website operating in the so-called “Dark Web,” where anonymity software is used to hide the identities of website visitors.
“Glende sold stolen bank account information and other login credentials on AlphaBay, a ‘Dark Web’ website devoted to the anonymous sale of criminal goods and services, including weapons, stolen credit cards, and illegal narcotics,” said U.S. Attorney John Horn. “In the process, he didn’t care who he hurt, or the effects on the victims’ lives. The United States Attorney’s Office recently established our Cybercrime Unit to identify, investigate and, ultimately, prosecute cybercrimes just like this one.”
“The sentencing of Glende to federal prison reflects the commitment of the FBI, along with its various law enforcement partners, to aggressively pursue those criminal elements lurking in the Dark Web and attempting to hide behind TOR devices or sites,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office. “This case generated numerous victims with varied degrees of financial losses but, with today’s sentencing, the FBI hopes that these victims can have some solace that Glende, a.k.a. IcyEagle, is being held fully accountable for his criminal actions.”
According to U.S. Attorney Horn, the charges, and other information presented in court: From about November 5, 2015, until May 4, 2016, Aaron Glende, a.k.a. IcyEagle, advertised and sold stolen personally identifying information on a hidden services website.
The website contained numerous features to assist prospective buyers who wished to purchase criminal services and goods. For example, the website contained search categories corresponding to various criminal services; those categories included “Fraud,” “Drugs & Chemicals,” “Counterfeit Items,” “Weapons,” and “Carded Items.” Much like Amazon or eBay, website users could rate sellers and search for certain items or sellers by name. Unlike Amazon and eBay, however, transactions on the website were typically executed through Bitcoin, a cryptocurrency that helps hide the identities of buyers and sellers.
A review of the website revealed that Glende, using the online nickname IcyEagle, had approximately 300 listings advertising login credentials or personally identifying information for sale, including bank account credentials. For example, one listing by Glende described accounts for sale as “High Balance SunTrust Logins 30K-150K Available.” Glende wrote in the sales listing: “I bring you freshly hacked Sun Trust Bank Account Logins.”
On multiple dates in March and April 2016, an FBI agent, acting in an undercover capacity, accessed the AlphaBay website. While on the website, the agent purchased bank account information from Glende. A review of the information purchased from Glende confirmed that it contained usernames, passwords, physical addresses, email addresses, telephone numbers, and bank account numbers that belonged to bank customers. A search of Glende’s computer after his arrest revealed that he possessed over 2,800 unauthorized access devices, including 944 usernames and passwords for bank accounts, 1,243 usernames and passwords for other electronic accounts, 123 Social Security numbers, 386 credit card numbers, and 123 bank account numbers.
On November 30, 2016, Aaron James Glende, 35 of Winona, Minnesota, was sentenced to four years and two months’ imprisonment, followed by three years of supervised release. He pleaded guilty to access device fraud and aggravated identity theft on September 21, 2016.
This case was investigated by the Federal Bureau of Investigation. Assistance was provided by Homeland Security Investigations, the U.S. Postal Inspection Service, and the Winona, Minnesota Police Department.
Assistant United States Attorneys Samir Kaushal and Kamal Ghali 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.
Residential Properties Forfeited by Heroin and Cocaine Trafficker and Converted to Community Police Officer HousingRead the Press Release
ATLANTA – A federal judge sentenced Elgin Demarco Jordan for heroin and cocaine trafficking and money laundering in connection with a scheme where he used drug proceeds to purchase numerous properties in and around the English Avenue area of Atlanta.
“Jordan victimized this community twice – first by trafficking drugs, and then by using residential properties to conceal the profits from his drug dealing,” said U. S. Attorney John Horn. “As part of his sentence, Jordan agreed to forfeit 14 properties, two of which will become homes to community police officers from the Atlanta Police Department as part of the Secure Neighborhoods program. Through this program, the police officers who serve the English Avenue community become not only homeowners, but neighbors.”
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Field Division stated, “The successful prosecution of this case is indeed a victory for drug law enforcement. The collective efforts in this investigation illustrate the true spirit of cooperative law enforcement here in Atlanta. DEA is committed to keeping our communities safe and ultimately the winners in this investigation are the residents in the English Avenue area.”
“Asset forfeiture provides a valuable tool for law enforcement officials, as it is designed to weaken the economic foundations of the illicit drug trade,” stated Veronica Hyman-Pillot, Special Agent in Charge, IRS Criminal Investigation. “The forfeiture of Elgin Jordan’s properties is a great example of this tool at work. We are proud to work hand-in-hand with our law enforcement partners and will continue to provide our financial expertise in narcotics investigations.”
“In partnership with the U.S. Attorney’s Office, the Atlanta Police Department has removed another dangerous and predatory criminal from the City of Atlanta,” said Atlanta Police Chief George N. Turner. “Mr. Jordan’s scheme of using drug money to buy up valuable real estate has backfired and we can now have officers in the English Avenue neighborhood 24 hours a day so the residents in that area will feel safe and protected. The Atlanta Police Department is committed to cracking down on criminal activity and individuals that threaten the safety and quality of life for Atlanta residents and visitors.”
“The Atlanta Police Foundation is spearheading a public safety strategy through our Westside Security Plan to address the safety concerns on Atlanta’s Westside,” said Dave Wilkinson, President and CEO, Atlanta Police Foundation. “The addition of these two properties to our Secure Neighborhoods program will allow us to provide homeownership opportunities for Atlanta police officers to become residents of the communities they protect and serve.”
According to U.S. Attorney Horn, the charges and other information presented in court: From at least February 2010 to July 2015, Elgin Jordan distributed kilogram quantities of cocaine and half-kilogram quantities of heroin using Northwest Atlanta as his base. To conceal the profits from his illegal drug trade, he laundered the money by structuring cash deposits into bank accounts and then used those funds to purchase numerous properties, often with the help and in the name of family members or other individuals. As of July 2015, Jordan controlled properties with a total tax assessed value of approximately $1.5 million, several of which were residential properties in and around the English Avenue area of Atlanta, Georgia.
Federal law allows for the forfeiture of property used to facilitate or commit felony drug offenses, as well as property involved in money laundering. As a part of Jordan’s plea agreement and the judgment in the case, Jordan forfeited his interest in 14 properties he acquired in connection with his crimes.
As a result of a partnership and collaboration between the Department of Justice and community groups, two of the forfeited properties located in the English Avenue neighborhood will be turned over to the Atlanta Police Department and the Atlanta Police Foundation, to be renovated and used to provide homes for Atlanta Police Officers who will help staff the community policing force in the neighborhood.
The goal of the Atlanta Police Foundation’s Secure Neighborhoods Initiative is to improve public safety by placing police in Atlanta neighborhoods through housing opportunities. The initiative offers sworn police officers—who are committed to living in the communities they protect and serve—affordable options, incentives to stay, and clear pathways to homeownership. As individuals from the police department become pillars in their communities, it increases the neighborhood's stability and overall security.
Elgin Demarco Jordan, 42, of Atlanta, Georgia, was sentenced by U.S. District Judge Steve C. Jones to eight years in prison to be followed by four years of supervised release. Jordan was convicted on these charges on June 3, 2016, after he pleaded guilty.
This case was investigated by the Drug Enforcement Administration, Atlanta Police Department, and Internal Revenue Service Criminal Investigation.
Assistant United States Attorneys Garrett L. Bradford and Michael J. Brown 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.com.
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.
Pain Management Physician Resolves False Claims Act AllegationsRead the Press Release
ATLANTA – The U.S. Attorney’s Office for the Northern District of Georgia announced that pain management physician Dr. Anthony Clavo has agreed to the entry of a consent judgment for $430,000 plus interest to resolve allegations that he violated the False Claims Act by billing Medicare, Medicaid, and TRICARE for medically unnecessary services. The federal government’s portion of the consent judgment is $322,407, and the State of Georgia’s portion is $107,593.
“When physicians bill the government for medical services that are not needed by the patient, they violate the trust placed in them by their patients and the government to provide only medically necessary care,” said U. S. Attorney John Horn. “Healthcare providers should be vigilant about prescribing only medically necessary services for their patients.”
“Those individuals in positions of trust within the healthcare industry have an inherent duty to be forthright in their claims submittals to those government programs that pay for their services. Through the False Claims Act settlement and the associated monetary judgements announced today, the defendant in this case, Dr. Anthony Clavo, understands this and the U.S. Government’s position on this a lot better. The FBI will continue to play a role in ensuring that the federal funds providing these healthcare programs are not abused,” said George Crouch, Acting Special Agent in Charge, FBI Atlanta Field Office.
“Delivering medically unnecessary treatment or failing to document the need for that care can be a serious threat to the health of the patient as well as the federal programs they depend upon,” said HHS OIG SAC Derrick L. Jackson. “Together with our law enforcement partners we will be vigilant in pursuing such offenses.”
“Fighting Medicaid fraud has been and will remain a top priority for our office,” said Attorney General Chris Carr. “People who misuse our medical systems divert funds from those in need of care and abuse Georgia taxpayer dollars. We will continue to work with our statewide and national partners to aggressively pursue these instances.”
“This settlement highlights the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of TRICARE, the Department of Defense health care program that serves our Warfighters, their family members, and military retirees,” said Special Agent in Charge John F. Khin, Southeast Field Office. “With DoD's limited resources and budgets, DCIS must continue to aggressively investigate fraud, waste, and abuse to preserve and recover precious taxpayer dollars for our most vulnerable programs.”
The government alleges that Dr. Clavo submitted or caused the submission of false claims to Medicare, Medicaid, and TRICARE for services that were not medically necessary or where there was insufficient information to determine the amount due the provider during the period from January 1, 2014 through June 22, 2015.
The settlement resolves allegations filed by Herretta Pickens and Teresa Williams, former employees of Dr. Clavo, under the qui tam, or whistleblower, provisions of the False Claims Act, which authorize private parties to sue for false claims on behalf of the United States and share in the recovery. The lawsuit was filed in the Northern District of Georgia and is captioned United States & State of Georgia ex rel. Herretta Pickens & Teresa Williams v. Southern Pain Institute, P.C. d/b/a Southern Spine & Pain Institute et al., No. 1:15-cv-2381 (N.D. Ga.). Ms. Pickens and Ms. Williams will receive a share of the settlement.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.6 billion through False Claims Act cases, with more than $19.2 billion of that amount recovered in cases involving fraud against federal health care programs.
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 Federal Bureau of Investigation, the Defense Criminal Investigative Service, and the Georgia State Attorney General’s Medicaid Fraud Control Unit.
The civil settlement was reached by Assistant United States Attorney Lena Amanti and Georgia Assistant Attorney General Sara Vann.
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 Georgia Men Sentenced for Stealing Government BenefitsRead the Press Release
ATLANTA - John W. Jackson, Jr., and Corry Sandlin, have been sentenced in federal district court for stealing their deceased parent's government benefits. Each defendant lied to the government about their parent’s deaths, and continued to receive benefits destined for the deceased.
“Both defendants got away with their lies for years, stealing large sums of taxpayer dollars,” said U. S. Attorney John Horn. “Theft like this directly impacts others who receive these types of benefits. These two together stole over $500,000 of government money, meant to sustain those who have paid into the system, and expect to have something in retirement.”
“The OIG is committed to working with the Social Security Administration to detect and investigate deceased payee fraud cases, in which individuals conceal death information from SSA to fraudulently receive Social Security benefits intended for the deceased. We thank the U.S. Attorney’s Office in Northern Georgia for prosecuting these and other deceased payee fraud cases,” stated Margaret Moore-Jackson, Special Agent-in-Charge of the Social Security Office of the Inspector General’s Atlanta Field Division.
According to U.S. Attorney Horn, the charges and other information presented in court: Defendant Jackson's father died in 1980 and the Social Security Administration (SSA) continued to pay his retirement benefits until 2014. When initially questioned in 2015 by Social Security agents about his father's whereabouts, Jackson told the agents this father had run away with a younger woman a year prior and he did not know where his father was. Only after interviewing another family member did the SSA learn that Jackson's father had died decades earlier. Eventually, the SSA was able to determine that Jackson's father died in 1980. In total, Social Security paid out and Jackson improperly received $241,171.60.
Sandlin’s mother died in 2004. After her death, the SSA continued to pay her spousal retirement benefits and Defense Finance & Accounting Services (DFAS) continued to pay her survivor benefits. In fact, Sandlin not only never informed the SSA of his mother's death, he completed and submitted 11 annual certifications to DFAS swearing that she remained eligible for the benefits. The SSA paid out $126,103.00 and DFAS paid out $145,716.00, after Sandlin's mother's death. In total, Sandlin improperly received a total of $271,819.00
John W. Jackson, Jr., 70, of Decatur, Georgia, has been sentenced to ten months in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $241,171.6. Jackson has been convicted on these charges on July 25, 2016, after he pleaded guilty.
Corry Sandlin, 68, of Marietta, Georgia, has been sentenced to one year, and three months in prison to be followed by three years of supervised release and ordered to pay restitution in the amount of $254,965.14
This case was investigated by the Social Security Administration - Office of the Inspector General.
Special Assistant United States Attorney Diane C. Schulman 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.
Following Extradition of Two More International Cyber Criminals, U.S. Attorney's Office Formally Announces Creation of Cyber Crime UnitRead the Press Release
ATLANTA – Damilola Solomon Ibiwoye and Olayinka Olaniyi, citizens of Nigeria living in Kuala Lumpur, Malaysia, were extradited to the United States and arraigned in federal court in Atlanta on November 18, 2016, in connection with a series of alleged “phishing scams” that targeted colleges and universities across the country, including the Georgia Institute of Technology (“Georgia Tech”).
In connection with their arraignment, U.S. Attorney John Horn announced the creation of a Cybercrime Unit within the Atlanta U.S. Attorney’s Office Criminal Division. The new unit is designed to combat the growing threat of cybercrime in its many forms, such as “hacks” into private networks and theft of proprietary data; the creation and use of malware to harvest personal financial information and logins; and the operation of illicit marketplaces on the darknet. The cyber unit will operate within the office’s Financial Fraud & Cyber Crime Section and will be staffed with five highly-trained and experienced federal prosecutors dedicated to prosecuting cybercrime and assisting federal agencies in their cyber investigative efforts around the world.
“Our office holds a distinguished history of prosecuting some of the highest-profile cyber matters in the country, from the creators of the SpyEye and Citadel malware to the foreign nationals responsible for the hacks into RBS WorldPay, E*Trade, and other corporations,” said U.S. Attorney Horn. “And we have successfully ensured that some of these criminals, who believe themselves to be safe in the shadows of the darknet, are brought to justice in U.S. court. The creation of a dedicated Cyber Unit will build on this expertise to aggressively identify and investigate the newest directions in cybercrime whether committed by individuals, syndicates, or even state actors here or abroad.”
The U.S. Attorney’s Office for the Northern District of Georgia was one of 30 offices across the country that was recently allocated an additional Assistant U.S. Attorney position for the purpose of enhancing its cybercrime prosecution efforts. The awarding of this position reflects the office’s past success in combating cybercrime threats, as well as the need to enhance those efforts against new and emerging cyber threats.
The newly formed cyber unit will investigate and prosecute, among other things, computer hacking, intellectual property theft, and related offenses, including (a) the development or distribution of malware; (b) the theft of property or information from a protected computer, including personal identifying information, health records, financial information, intellectual property, trade secrets, and other sensitive information; (c) distributed denial of service (DDOS) attacks on web servers, and (d) computer intrusions that directly or indirectly impact national infrastructure and national security interests.
The unit will also focus on building and maintaining productive working relationships with the private sector, collaborating on cyber defense practices through one-on-one meetings, seminars, panels, task forces, and case interactions. Cyber prosecutors in the office already regularly participate in numerous speaking engagements each year, and will continue to do so as part of the cyber unit.
The indictment of Damilola Solomon Ibiwoye, 27, and Olayinka Olaniyi, 32, alleges that the defendants directed phishing emails to college and university employees. A “phishing scam” is the act of sending fraudulent emails that appear to come from legitimate enterprises for the purpose of acquiring personal information, including usernames and passwords. The alleged phishing scam targeted Georgia Tech and other colleges and universities in the United States. Once employees entered their login and password information, the defendants captured their personal information and used that information to change payroll direct deposit payment information and fraudulently directed payroll deposits into bank accounts they controlled. The FBI, with the assistance of Georgia Tech, and the Malaysian government, were able to determine that the defendants allegedly launched their phishing attacks while living in Kuala Lumpur, Malaysia. In total, the defendants and co-conspirators allegedly stole over $1 million dollars from over 25 colleges and universities in the United States.
“The arrests and subsequent extraditions of Ibiwoye and Olaniyi are the direct result of global cooperation among US and international law enforcement and the private sector. Individuals and groups targeting US institutions and citizens from abroad through cyber-attacks and spear phishing emails should no longer feel confident that they will remain anonymous and protected by geographic boundaries. These efforts demonstrate the FBI’s commitment to identifying and pursuing cyber criminals world-wide, and serves as a strong deterrent to others targeting American institutions and citizens through email phishing scams. This case should also serve as a reminder to the public to remain vigilant of the continued use of phishing emails seeking to steal their personal information,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office, stated.
The defendants were arraigned before U.S. Magistrate Judge Linda T. Walker on November 18, 2016. A federal grand jury in the Northern District of Georgia returned an indictment against Damilola Solomon Ibiwoye, 27, and Olayinka Olaniyi, 32, on December 15, 2015, on charges of conspiracy to commit wire fraud, computer fraud and aggravated identity theft. Both defendants have been in Malaysian custody since their arrests last year, pending completion of extradition proceedings.
Members of the public are reminded that the indictment referenced above 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 Federal Bureau of Investigation.
Assistant United States Attorney Jeffrey A. Brown is prosecuting the case.
If your company or clients wish to participate in future outreach efforts by the Cyber Unit concerning best practices, or for further information about this case, 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.
Statement of U.S. Attorney John A. Horn, Northern District of Georgia Before the Georgia Senate Opioid Abuse Study CommitteeRead the Press Release
Senator Unterman and distinguished members of the Opioid Abuse Study Committee, thank you for the opportunity to discuss the Department of Justice’s efforts aimed at combatting the growing problems we face with heroin and opioid abuse in our state. During my fourteen years with the United States Attorney’s Office for the Northern District of Georgia, I have witnessed firsthand the crippling effects that heroin and opioid addiction and overdoses have on all our communities. As the U.S. Attorney, I am proud that my district has been working aggressively on this problem and I’m pleased to be able to offer our perspective regarding the threats to our state.
The United States is experiencing a crisis in the abuse of, and overdose deaths caused by, heroin and its more potent analogue, fentanyl. This epidemic is ravaging countless communities, whether large or small, urban or rural. Heroin overdose deaths quadrupled from 2000 to 2013, with most of the increase occurring after 2010. As a result, heroin and fentanyl abuse is the number one public health issue for cities such as Cleveland, Baltimore, Philadelphia, as well as more rural communities in West Virginia and New England.
Outlook for the Atlanta Region: Background and Causal Factors
Georgia fortunately has not experienced the exponential increases that are ravaging the Midwest and Northeast, but our situation is precarious. We began seeing disturbing spikes in heroin distribution and overdoses in the Atlanta region several years ago, and our statistics remain dramatically higher than anything we’ve seen in the last 20 years. And, our region appears to be tracking the progression of the worst-hit communities, where those addicted to prescription painkillers transition to cheaper and more deadly substitutes, heroin and fentanyl. The CDC estimates that 75 percent of heroin abusers today begin their descent into addiction with prescription drugs, and five years ago Georgia’s illicit opioid market skyrocketed, with overdose deaths from prescription drugs exceeding the combined overdose deaths from cocaine, methamphetamine, and marijuana. Georgia therefore offered a broad base of opioid abusers who were at greatest risk to turn to $5 doses of heroin instead of illicit pills that cost $25 or more.
At the same time, the Atlanta region’s marketplace shifted, as for many years heroin sales were largely limited to specific neighborhoods in downtown Atlanta. Unfortunately, Atlanta has long served as a distribution hub for Mexican drug cartels, which noticed the increased demand for heroin and immediately began manufacturing and importing higher-quality heroin to service the growing U.S. customer base. Consequently, heroin has become readily available through these existing distribution channels throughout the region but especially in counties north of Atlanta, giving addicts access to much purer, cheaper, and more potent heroin. It also is now available in powder form that need not be injected intravenously, removing a barrier for use for some. A helpful and thorough summary of this narrative is presented in a report published by the Fulton County District Attorney’s Office, and can be accessed at http://www.atlantada.org/Fulton_County_Heroin_Project___Final_Report.pdf.
Outlook for the Atlanta Region: Recent Statistics
The statistics for the Atlanta region may not be as shocking as in the country’s hardest hit communities, but they are nonetheless stunning. For example,
- Cobb County experienced a growth from 8 heroin overdose deaths in 2010 to 53 in 2014. Through the first half of 2015, half of the county’s overdose deaths involved heroin.
- DeKalb County had only 9 heroin overdose deaths in 2013, and jumped to 27 in the first 11 months of 2015, with 21 of those involving fentanyl.
- Fulton County recorded 4 heroin overdose deaths in 2010, and jumped to 31 in 2013 and 77 in 2014.
- Gwinnett County experienced a rash of 17 heroin overdose deaths in a several month period during the fall of 2015.
These statistics are consistent with seizures and interdictions by law enforcement. On March 1, 2016, agents recorded the largest seizure of fentanyl on record in Georgia, and one of the largest in the United States, during a traffic stop conducted in Bartow County, yielding a total of 40 kilograms of fentanyl. This seizure is even more staggering when considering that fentanyl is dosed in micrograms.
Creation of the Heroin Working Group
After we noticed the increased heroin activity in our cases about three years ago, the U.S Attorney’s Office convened a Heroin Summit in June 2015, gathering nearly 200 law enforcement and other multidisciplinary participants to take note of these trends, hear from experts in our sister cities, and begin planning our response. Those who participated expressed interest in continuing the collaborative momentum from the summit, and consequently the Heroin Working Group (HWG) was born.
The purpose of the Heroin Working Group is to employ a broad, multidisciplinary approach to understand and address the growing abuse of heroin, fentanyl, and prescription opioids in our community. Several state agencies are active participants in the HWG. Certainly, law enforcement has a critical role in interdicting and prosecuting the importers and distributors of these deadly substances, as well as a broader responsibility in deterring and preventing drug abuse. However, we recognize that a truly impactful solution to this problem cannot be achieved by arrests and prosecutions alone, and instead requires involvement and contributions from the medical, education, public health, emergency response, public policy, addiction treatment, mental health, and other communities. The HWG fills this need, bringing together participants from all these constituencies to share information and break down the walls that separate these disciplines and allow us to solve these problems together.
The HWG meets every other month, and has created subcommittees for members to focus on research and data collection; medical and treatment issues; education, prevention, and family intervention; law enforcement and criminal justice; and legislative and public policy initiatives. After meeting for almost a year and a half, the HWG has gained a deeper understanding of the current landscape as well as several strategies and initiatives that will reduce the threats from opioid addiction and abuse.
Working Group Initiatives
While our region certainly is suffering from substantial growth in heroin and fentanyl abuse, Georgia and the south in general have not seen the exponential increases that have simply devastated the Midwest and Northeast. However, we fear this crisis is creeping further south. Helpfully, Georgia already has enacted good Samaritan laws and sanctions the use of opioid antagonists such as naloxone to revive those who have overdosed, both of which are critical tools to fighting this epidemic.
There is much more to be done, and the HWG presently is focusing on several initiatives, including:
- The creation of a centralized database to collect cause of death reports from all coroners and medical examiners, as well as medical reports of overdoses from emergency rooms, paramedics, and peace officers. The lack of such a database prevents us from accurately identifying the scope of the problem and directing the necessary resources to it. An informal collaborative effort has yielded the bones of a database that contains drug overdose deaths only. This has provided many of the preliminary (and alarming) statistics quoted above and confirmed our anecdotal information about this problem. But the reporting is incomplete and often months late, as currently there is no mandatory reporting in the State.
- The creation of a card that will be provided to people who are revived after overdosing from heroin, urging them to seek treatment and providing them with a list of resources to do so.
- The dissemination of a law enforcement protocol that peace officers can use when responding to an overdose, so that critical investigative facts can be collected and shared among jurisdictions to aggressively identify and prosecute the distributors of these dangerous substances.
- Supporting a strong and effective prescription drug monitoring plan (PDMP) that has been shown in other states to dramatically reduce the availability and abuse of illicit prescription drugs.
- The encouragement of educational and prevention events in schools, universities, and communities. The HWG has sponsored two community forums, one of which was livestreamed by WSB-TV and via our office’s Facebook page and Twitter.
- The identification of a comprehensive listing of addiction treatment providers to help direct those in need of services and evaluate whether the inventory of service providers is sufficient to address the current needs.
The list of people who are actively involved with the HWG is quite impressive. What is even more impressive is that these members have contributed time and resources voluntarily, with no funding. The dedication of these individuals and agencies to address this public health crisis has been extraordinary, and they have accomplished much as noted above. However, several of the initiatives taken on by the HWG certainly could be much more impactful if they were operated or implemented by a funded entity or by a public policy entity. There is certainly much more that can be done, and we must stay ahead of the problem before it becomes as pervasive and dire as experienced in the Midwest and Northeast.
The U.S. Attorney’s Office will aggressively combat the abuse of heroin, fentanyl, and illicit opioids in our communities, and we will continue our ongoing partnerships with federal, state, and local law enforcement agencies to arrest and prosecute those responsible for perpetuating this crisis. We also are committed to supporting the HWG in a broader, multidisciplinary approach to solving this problem, and welcome and encourage any and all support to achieve this outcome. <END>
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.
Five People Sentenced for Smuggling Cocaine through Atlanta AirportRead the Press Release
ATLANTA - Walter Lee Parker, Paul Victor Wilson, a/k/a “Ivory Roberson,” Roelisha Housley, Janai Cavitt, and Kaprice Green, have been sentenced for participating in a conspiracy to distribute six kilograms of cocaine which they attempted to smuggle through Atlanta’s Hartsfield-Jackson International Airport.
“Federal agents working with customs officers at Atlanta's Hartsfield-Jackson International Airport permanently ended this drug smuggling ring,” said U.S. Attorney John Horn. “Drug smugglers continually seek new ways to move their narcotics. We hope that this case shows that the airport is a poor choice for shipping illegal drugs.”
“As the world’s busiest airport, Atlanta is a prime target for drug traffickers who think they can hide in plain sight by blending in with other travelers. This case shows just how mistaken that view is for anyone considering testing the system,” said Special Agent in Charge of ICE Homeland Security Investigations Atlanta Nick S. Annan. “These sentencings show the dedication and effectiveness of HSI along with our U.S. Customs and Border Protection partners to identify and arrest anyone who attempts to illegally smuggle contraband into the United States through the Atlanta airport.”
According to U.S. Attorney Horn, the charges and other information presented in court: on February 10, 2016, Janai Cavitt and Kaprice Green arrived at Atlanta’s Hartsfield-Jackson International Airport on a flight from Montego Bay, Jamaica, in transit to their final destination of Cincinnati. While in Atlanta, customs agents stopped Cavitt and Green and discovered that each defendant had three kilograms of cocaine hidden in the lining of their suitcases. After obtaining confessions from Cavitt and Green, federal agents determined the two couriers intended to deliver the cocaine to Roelisha Housley and Walter Lee Parker in Cincinnati for $10,000.
Federal agents in Atlanta, coordinating with law enforcement counterparts in Ohio, also obtained confessions from Housley and Parker, who planned to further distribute the cocaine. After learning that the sister of one courier, who was not involved in the conspiracy, began to receive threatening text messages demanding the return of the cocaine, agents pinpointed Wilson as the threat maker. With the assistance of counterparts in Florida, agents ultimately uncovered that Wilson worked with the Jamaican-based cocaine supplier, and that Wilson was the leader of the drug conspiracy and owner of the cocaine.
Each of the defendants pleaded guilty in federal court in Atlanta, Georgia, to conspiracy to distribute cocaine. On November 3 and 4, 2016, U.S. District Judge William S. Duffey, Jr., imposed the following sentences:
- Walter Lee Parker, 37, of Cincinnati, Ohio, was sentenced to eight years, one month in prison to be followed by four years of supervised release;
- Paul Victor Wilson, a/k/a “Ivory Roberson,” 47, of Weston, Florida, was sentenced to 11 years, five months in prison to be followed by five years of supervised release;
- Roelisha Housley, 21, of Fairfield, Ohio, was sentenced to five years, eight months in prison to be followed by four years of supervised release;
- Janai Cavitt, 21, of Covington, Kentucky, was sentenced to three years, nine months in prison to be followed by three years of supervised release; and
- Kaprice Green, 19, of Cincinnati, Ohio, was sentenced to three years, four months in prison to be followed by three years of supervised release.
This case was investigated by the Department of Homeland Security.
Assistant United States Attorneys Trevor C. Wilmot and 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.com.
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.
- Walter Lee Parker, 37, of Cincinnati, Ohio, was sentenced to eight years, one month in prison to be followed by four years of supervised release;