Northern District of Indiana

HAMMOND – In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes.

“Our mission will not change during this national emergency,” said United States Attorney Thomas L. Kirsch.  “We will continue to prosecute criminals, including fraudsters, who wish to prey on our citizens, either by fraud or force.  Our law enforcement partnerships remain strong and committed to reducing crime throughout the District.”

Some examples of these COVID-19 schemes include:

• Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
• Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
• Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
• Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
• Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.      

In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities.   The Northern District of Indiana Coronavirus Fraud Coordinator is Assistant United States Attorney Gary Bell.

The public is urged to report any suspected fraud schemes related to COVID-19 (the Coronavirus) to Assistant United States Attorney Gary Bell at 219-937-5656, the Indiana FBI at 317-595-4000, and the report it to the Department of Justice’s National Center for Disaster Fraud by calling the National Hotline at (866) 720-5721 or by via the https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.   

The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes.  The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.

To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.

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HAMMOND- “We are in the midst of a national emergency.  The good citizens of Indiana are concerned.  They are concerned about their health, their families and friends, their children’s schools, their jobs, and the economy, among other things.  One thing that should not be a concern for our citizens is being a victim of crime, by either fraud or by force.  Unfortunately, criminals will attempt to take advantage of this situation in multiple ways.  New scams will emerge, particularly those that target the elderly, the sick, and the economically disadvantaged.  Ongoing scams will continue, as will violent and property crime. 

“During this time, my office will remain open and vigilant.  Our mission has not changed.  The good women and men of the U.S. Attorney’s Office will continue to serve the community in a steady, professional manner.  

“Criminals, including fraudsters, will not find a safe harbor.  My office will work closely with our state and local counterparts and with federal, state, and local law enforcement to aggressively pursue and punish criminal wrong doers, especially those who prey upon the most vulnerable during this time.  If you considering ways in which to criminally take advantage of our vulnerabilities, I strongly urge you to consider the severe consequences you will face when you are caught.

“To quickly respond to emerging fraud schemes, I have appointed Assistant United States Attorney Gary Bell, who heads the office’s Criminal Division, to coordinate the investigation and prosecution of COVID-19 schemes.

“I strongly encourage anyone with information about fraud schemes to call the Indiana FBI at 317 595-4000 or Assistant United States Attorney Gary Bell of my office at 219 937-5656.”

HAMMOND- Antonio Walton, age 43, and Charles Gould, age 36, both of Gary, Indiana, were convicted, late last night, after a jury trial in the Hammond District Court of conspiracy to distribute and possess with intent to distribute 280 grams or more of cocaine base, commonly known as crack cocaine, announced United States Attorney Thomas L. Kirsch II.

U.S. District Court Judge Philip P. Simon presided over this 6-day jury trial.

According to documents in this case, from July 2015 through November 2016, Walton and Gould conspired with other individuals in Gary, Indiana, to distribute and possess with intent to distribute crack cocaine.   As part of the conspiracy, cocaine was cooked into crack cocaine, packaged for sale, and distributed by members of the conspiracy in Gary’s Glen Park neighborhood, with armed individuals serving as security for the twenty-four hour a day drug operation.  During the investigation, law enforcement executed search warrants at five separate locations and recovered approximately 300 grams of crack cocaine packaged for sale, packaging materials, money, paraphernalia used to cook cocaine into crack cocaine, and a 33-page drug ledger.  It is estimated that gross drug sales ran into the hundreds of thousands of dollars.  Walton has prior felony convictions for dealing in cocaine, distribution of marijuana, and possession of ammunition as a felon.    

To date, seventeen other charged members of the conspiracy have been convicted of drug-related offenses in this case.   

This case was investigated by the Federal Bureau of Investigation’s Gang Response Investigative Team with the assistance of the Gary and Hobart Police Departments.  This case was prosecuted by Assistant United States Attorneys Thomas R. Mahoney and Alexandra McTague. 

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SOUTH BEND - William Shaifer, age 34, of Michigan City, Indiana was sentenced in South Bend by United States District Court Judge Damon R. Leichty for possession of firearms by a felon, announced U.S. Attorney Thomas L. Kirsch II.

Mr. Shaifer was sentenced to 180 months in prison followed by 2 years of supervised release. 

According to documents in this case, over the course of six days in September of 2018, William Shaifer provided an individual with five firearms, crack cocaine, and marijuana. Shaifer sold two handguns and three long guns, including a MAK-90 rifle with an extended magazine. Shaifer’s prior felony convictions include two separate convictions for dealing cocaine.

This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the LaPorte County Drug Task Force and the Michigan City Police Department. This case was handled by Assistant United States Attorneys Molly E. Donnelly and Jerome W. McKeever.

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SOUTH BEND - Kayla Hampton, age 28, of South Bend, Indiana, was sentenced in South Bend before United States District Court Judge Jon E. DeGuilio to 120 months in prison for Conspiracy to Distribute Heroin, announced U.S. Attorney Thomas L. Kirsch II.

According to documents in this case, a group of individuals sold heroin between March 2017 through October 2017 in the South Bend and Mishawaka area.  Members of the conspiracy shared cellphones to arrange heroin sales.  Each would receive pre-packaged heroin from someone in the conspiracy, and then sell it to customers who called the cell phone.  Hampton provided heroin and telephones to members of the group during part of those months, collected the proceeds from the sellers and occasionally sold heroin herself.  Individual sellers routinely sold ten grams within a few hours or less.  Hampton admitted she was responsible for distributing at least one kilogram of heroin, though the group was responsible for distributing over ten kilograms during the life of the conspiracy.  Hampton was previously convicted of kidnapping, and she engaged in this heroin distribution conspiracy while awaiting sentencing in that case. 

This case was investigated by the Drug Enforcement Administration with the assistance from the St. Joseph County Drug Investigations Unit, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the St. Joseph County Prosecutor’s Office, the Indiana State Police, and the Elkhart Police.  Assistant United States Attorneys Joel Gabrielse and Molly Donnelly handled the case. 

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FORT WAYNE – Shawn Bacon, 39, of Fort Wayne, Indiana was sentenced before U.S. District Court Judge Holly A. Brady to 720 months in prison, followed by a term of supervised release of 10 years announced U.S. Attorney Kirsch. 

According to the documents in this case, in August of 2019, Mr. Bacon was convicted after a four day jury trial of two counts of possessing with intent to distribute controlled substances to include more than 500 grams of methamphetamine and more than 400 grams of fentanyl and more than 500 grams of a mixture or substance containing a detectable amount of methamphetamine, being a convicted felon in possession of a firearm, maintaining a drug involved premises, possessing a  destructive device and a short barreled rifle not registered to him in the National Firearms Registration and Transfer Record, possessing body armor after having been convicted of a crime of violence, and possessing in furtherance of and carrying during and in relation to the drug trafficking offenses, firearms to include destructive devices, more particularly explosive bombs and a short barreled rifle. 

The charges in this case stemmed from the execution of a search warrant at Bacon’s Fort Wayne home in December 2017. The execution of that search warrant resulted in the seizure of 22 firearms from Bacon’s residence and his vehicle. Bacon had at least four prior felony convictions at the time of the search warrant.  Some of the firearms recovered were stolen. Bacon was also found in possession of many high capacity magazines, body armor, and various rounds of ammunition in this residence.  Bacon was also in possession of unregistered pipe bombs as well as a short barreled rifle.  The search warrant also yielded large distribution quantities of methamphetamine, cocaine, heroin, fentanyl and marijuana.  At the time of Bacon’s arrest, agents also photographed Bacon’s Aryan Brotherhood tattoos.  The drug charges were based on illegal drugs found in the defendant’s home and car.

United States Attorney Kirsch said, “Today’s sentence of 60 years, sends a strong message that my Office and our law enforcement partners will not tolerate the type of criminal activity presented in this case.  In Fort Wayne and throughout the District we have an excellent working relationship with federal, state and local agencies that are dedicated to arresting and prosecuting the worst of the worst.” 

 “The long sentences these violent criminals receive is reassuring to the communities they terrorized that law enforcement is on their side,” commented ATF Assistant Special Agent in Charge Brendan Iber of the Chicago Field Division. “ATF will continue to pursue these serial criminals in collaboration with our local partners and appreciate the diligence the U.S. Attorney’s Office dedicated to bringing this defendant to justice.”

This case is the result of the investigative efforts of the Bureau of Alcohol Tobacco Firearms and Explosives Fort Wayne Resident Office Agents, ATF Explosives Technology Branch, ATF Forensic Chemistry Laboratory, with the assistance of the Fort Wayne Police Department, Fort Wayne Police Department Vice and Narcotics Division, and the Indiana State Police.  The case was prosecuted by Assistant U.S. Attorney Lesley J. Miller Lowery. 

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SOUTH BEND – Jonathan Roberts, age 33, of Warsaw, Indiana was sentenced before U.S. District Court Judge Damon R. Leichty for possession of child pornography, announced U.S. Attorney Thomas L. Kirsch II.

Roberts was sentenced to 63 months in prison, 5 years of supervised release and ordered to pay $20,000 in restitution.

According to documents in this case, in August of 2017, Roberts possessed a cellular phone that contained videos and images of minors engaged in sexually explicit conduct. Roberts later admitted that the images on the cellular phone he possessed were in fact child pornography.

The case was investigated by the U.S. Department of Homeland Security Investigations and the Federal Bureau of Investigations. The case was prosecuted by Assistant United States Attorney John Maciejczyk. 

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SOUTH BEND - Trent Slone, age 44, of South Bend, Indiana, was convicted of being a felon in possession of a firearm, announced United States Attorney Thomas L. Kirsch II.

U.S. District Court Judge Jon E. DeGuilio presided over this two-day trial in South Bend.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance from the Drug Enforcement Administration and the St. Joseph County Drug Investigations Unit.  Assistant United States Attorneys for the Northern District of Indiana, Joel Gabrielse and Jerry McKeever, prosecuted the case. 

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SOUTH BEND - Lee Underwood, age 28, of Elkhart, Indiana, was sentenced in South Bend before United States District Court Judge Damon R. Leichty for making destructive devices, announced U.S. Attorney Thomas L. Kirsch II.

Underwood was sentenced to 51 months in prison followed by 3 years of supervised release. 

According to documents in this case, in late 2017 to early 2018, Underwood made at least five to six pipe bombs while he was a user of methamphetamine and other controlled substances.  Someone threw the pipe bombs out of a car and they remained near a busy intersection for several weeks.  On several occasions, Underwood fled police, including once when a passenger in the vehicle he was driving shot at a police car that was chasing him. 

This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance from the Indiana State Police, Elkhart County Sheriff’s Department, South Bend Police Department, Elkhart County Interdiction and Covert Enforcement Unit, Mishawaka Police Department, and the St. Joseph County Police Department.  Assistant U.S. Attorney Molly Donnelly handled the case. 

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FORT WAYNE – Ali Sultan, age 21, was sentenced by U.S. District Court Judge Damon R. Leichty, after pleading guilty to distributing cocaine and heroin and possessing a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Kirsch.

Sultan was sentenced to 104 months in prison followed by 3 years of supervised release

According to documents in this case, in early 2017, Sultan took over the drug operation of his brother who was incarcerated for murder and drug dealing.  Between June and October 2017, Sultan distributed cocaine and heroin on numerous occasions.  Specifically, Sultan distributed crack cocaine and heroin on August 9, 2017, and possessed a firearm in furtherance of that drug transaction      

The case was investigated by Federal Bureau of Investigations with the assistance of the Fort Wayne Police Department, Indiana State Police and the Allen County Police Department. The case was handled by Assistant United States Attorneys Anthony W. Geller and Stacey R. Speith.  

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FORT WAYNE – Demonta Huddleston, age 28, formerly of St. Joseph, Michigan was sentenced before U.S. District Court Judge Holly A. Brady to 120 months in prison upon his guilty plea to two distribution of a controlled substance charges, announced U.S. Attorney Kirsch.

According to documents in this case, in November 2017, the Fort Wayne Police Department began receiving anonymous tips regarding drug trafficking activity happening at a particular residence in Fort Wayne, Indiana. Demonta Huddleston as well as those specifically named in those anonymous tips were observed at that residence in January 2018.

Thereafter, on May 3, 2018, a confidential informant working with the Fort Wayne Police Department made a telephone call to Demonta Huddleston to arrange for the purchase of $600 of methamphetamine. Huddleston directed the confidential informant to nearby car wash in Fort Wayne, Indiana. Law enforcement followed the confidential informant to this location and thereafter observed a white vehicle with a Michigan license plate arrive at the car wash and park next to the confidential informant’s vehicle.   Huddleston was the driver of the white SUV. The confidential informant met with Huddleston in the white SUV for approximately one minute. After meeting with Huddleston, the confidential informant turned over to law enforcement 26.9 grams of methamphetamine that he had received from Huddleston.

On July 11, 2018, the same confidential informant made a recorded telephone call to a known associate of Huddleston to arrange for the purchase of one ounce of methamphetamine and a quantity of heroin. During this recorded call, the associate instructed the confidential informant to go to a nearby store and wait and someone would be there soon with the drugs. A short time later, surveillance officers in the area of that store saw Huddleston arrive at the store and meet with the confidential informant. Huddleston gave the confidential informant one ounce of methamphetamine and a small amount of heroin. These were the same drugs and amounts negotiated earlier by the confidential informant and Huddleston’s associate.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Fort Wayne Police Department Vice & Narcotics Unit.  Assistant United States Attorney Lesley J. Miller Lowery handled this prosecution.  

HAMMOND- Javier Aguilera, 27, of Chicago, Illinois, was sentenced by Judge Philip P. Simon to 216 months in prison following his guilty plea to conspiracy to participate in racketeering activity as a member of the Latin Dragons Nation street gang, announced U.S. Attorney Kirsch.

According to documents in the case, Javier Aguilera has been a member of the Latin Dragons Nation since approximately 2012, sold drugs and possessed firearms as a member of the gang, and participated in a shooting of a residence in Chicago in April 2017 in which a suspected rival gang member was shot.   

This case is the result of the investigative efforts of the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms, and Explosives in coordination with multiple state and local agencies.  In Indiana, these agencies included: the Hammond Police Department; the East Chicago Police Department; the Merrillville Police Department; the Hobart Police Department; the Lake County Sheriff’s Department; the Indiana Department of Corrections; and the Lake County Prosecutor’s Office.  In Illinois, these agencies included: the Chicago Police Department Criminal Enterprise Unit; the Cook County Sheriff’s Office; the Bartlett Police Department; the Calumet City Police Department; the Illinois Department of Corrections; and the Cook County State’s Attorney’s Office.  This case is being prosecuted by Assistant U.S. Attorneys Joseph A. Cooley and Kevin F. Wolff and Special Assistant U.S. Attorney Michael J. Toth.

HAMMOND- Eduardo Luciano, 31, of Hammond, Indiana, has been charged in a second superseding indictment with two murders, racketeering conspiracy, and drug conspiracy, announced U.S. Attorney Kirsch. 

According to the second superseding indictment, Eduardo Luciano was charged with two counts of murder resulting from the use and carrying of a firearm during and in relation to racketeering activity, racketeering conspiracy, and conspiracy to possess with the intent to distribute and to distribute cocaine and marijuana.  The second superseding indictment alleges that Luciano is responsible for the shooting deaths of Lauren Calvillo and Christopher White on June 29, 2015, in Hammond, Indiana.  The second superseding indictment further alleges that the shooting was in furtherance of a racketeering conspiracy and as a result of an ongoing gang conflict between the Latin Counts and Latin Kings street gangs in Hammond, Indiana.   

Previously in this case, Latin Counts members Ivan Reyes and Jeron Williams have both pled guilty to racketeering conspiracy and admitted their involvement in and responsibility for these murders as well.  Reyes and Williams both await sentencing.

“This indictment should send a strong message that our investigations and prosecutions of individuals that participate in gang activities will not stop until all responsible are brought to justice,” said U.S. Attorney Thomas. L. Kirsch.  “Our federal, state and local law enforcement partnerships are dedicated to reducing violent crime.” 

An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

If convicted, any specific sentence to be imposed will be determined by the judge after consideration of federal sentencing statutes and the Federal Sentencing Guidelines. 

This case is being investigated by the ATF/HIDTA Task Force and the Hammond, Indiana Police Department, and the investigation has received substantial assistance from numerous law enforcement agencies including the FBI / GRIT Task Force, the Gary Police Department, the Indiana State Police, and the East Chicago Police Department.  The case is being handled by Assistant U.S. Attorneys David J. Nozick and Caitlin M. Padula.

HAMMOND- Terryante Flournoy, 21, and Ciontay Wright, 20, both of Gary, Indiana, have been indicted for attempted robbery affecting interstate commerce, conspiracy to commit robbery, and murder resulting from the use and carrying of a firearm during and in relation to that attempted robbery, announced U.S. Attorney Kirsch.  Flournoy has also been indicted for possessing a firearm as a previously convicted felon.   

According to the indictment, on November 24, 2019, in Gary, Indiana, Terryante Flournoy and Cinotay Wright shot and killed David J. Shelton, a pizza delivery man, while in the process of trying to rob him.

U.S. Attorney Thomas L. Kirsch II said, “The murder of David Shelton was a senseless act of violence.  Our federal, state and local law enforcement partners will continue to aggressively investigate and prosecute these type of crimes.”

An indictment is merely an allegation and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

If convicted, any specific sentence to be imposed will be determined by the judge after consideration of federal sentencing statutes and the Federal Sentencing Guidelines. 

This case is being investigated by the FBI/GRIT Task Force along with the Lake County Metro Homicide Unit (Lake County Sheriff and Gary Police Department) and has received substantial assistance from the Lake County, Indiana Prosecutor’s Office.  The case is being handled by Assistant U.S. Attorneys David J. Nozick and Caitlin M. Padula.

Hammond – Two criminal indictments were returned today for criminal violations related to the U.S. Treasury Department’s Blight Elimination Program, announced U.S. Attorney Kirsch. 

Mahmoud Alshuaibi, 38, of Hickory Hills, Illinois, has been charged with wire fraud, theft from a local government receiving federal funds, and making a false and fraudulent statement.  According to court documents, between January 2016 and March 2017, Alshuaibi, owner and officer of IESCO Construction, Inc., submitted false and fraudulent documents to support his claim for payment from the City of Hammond, Indiana, for demolition work through the Blight Elimination Program funded by the U.S. Treasury Department.

In a separate indictment, Gary Hayden, Sr., 60, of Logansport, Indiana has been charged with theft from a local government receiving federal funds.  According to court documents in this case, between December 2015 and February 2016, Hayden, owner and officer of B&G Construction, submitted false and fraudulent documents to the City of Logansport, Indiana, in support of his claims for payment for demolition work through the Blight Elimination Program.

US Attorney Thomas L. Kirsch II said, “The Blight Elimination Program was designed to help stabilize communities.  We will continue to work with SIGTARP and other law enforcement entities to investigate and prosecute individuals who commit acts of fraud against the Blight Elimination Program and any other program designed to help the communities in the Northern District of Indiana.”

“The Blight Elimination Program is part of the Troubled Asset Relief Program (TARP).  The Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) investigates related fraud,” said Special Inspector General Christy Goldsmith Romero. “Those that defraud the program will be caught and prosecuted. I thank U.S. Attorney Thomas L. Kirsch II and Assistant U.S. Attorney Toi Houston for standing with SIGTARP in the fight against TARP-related crimes.”

The United States Attorney’s Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court. 

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

The case was the result of an investigation by SIGTARP and is being prosecuted by Assistant United States Attorney Toi Denise Houston.

FORT WAYNE – Glen Burton, age 35, formerly of Benton Harbor, Michigan was sentenced before U.S. District Court Judge Holly A. Brady upon his guilty plea to distribution of a controlled substance, announced U.S. Attorney Kirsch.

Burton was sentenced to 90 months in prison followed by 4 years of supervised release.

According to documents in this case, beginning in November 2017, the Fort Wayne Police Department began receiving anonymous tips regarding drug trafficking activity in Fort Wayne, Indiana by Burton and others associated with Burton.  On March 6, 2018, a confidential informant made a recorded telephone call to one of Burton’s known associates to arrange for the purchase of $650.00 of methamphetamine. The associate told the confidential informant he would meet the confidential informant at a nearby grocery store. Shortly thereafter, officers in the area observed Burton’s associate arrive at the store and meet with the confidential informant. Over the confidential informant’s recorder, Burton’s associate was heard saying that he did not have as much methamphetamine as the confidential informant wanted and would have to contact “Glen” to get that much. The confidential informant was then heard engaging in a video call with Burton regarding the purchase of methamphetamine. Burton told the confidential informant that he would “take care of” the confidential informant shortly.

Sometime later that day, the confidential informant was directed to a gas station in Fort Wayne. Burton was identified as arriving at the gas station and then seen meeting with the confidential informant. After the meeting, the confidential informant turned over to law enforcement just under one ounce of methamphetamine.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Fort Wayne Police Department Vice & Narcotics Unit.  The case was handled by Assistant United States Attorney Lesley J. Miller Lowery. 

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FORT WAYNE – Gregory Huddleston, age 39, of Fort Wayne, Indiana was sentenced before U.S. District Court Judge Holly A. Brady upon his guilty plea to distribution of a controlled substance, announced U.S. Attorney Kirsch.

Huddleston was sentenced to 120 months in prison followed by 5 years of supervised release.

According to documents in the case, beginning in November 2017, the Fort Wayne Police Department began receiving anonymous tips regarding drug trafficking activity by Huddleston and others associated with Huddleston at a particular address in Fort Wayne. On July 11, 2018, a confidential informant made a recorded telephone call to Huddleston to arrange for the purchase of one ounce of methamphetamine and a quantity of heroin. During this recorded call, Huddleston instructed the confidential informant to go to a nearby store and wait and someone would be there soon with the drugs.

A short time later, surveillance officers in the area of that store observed a known associate of Huddleston arrive at the store and met with the confidential informant. That associate gave the confidential informant one ounce of methamphetamine and a small amount of heroin. These were the same amounts of the same drugs agreed upon earlier by the confidential informant and Huddleston.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Fort Wayne Police Department Vice & Narcotics Unit.  The case was handled by Assistant United States Attorney Lesley J. Miller Lowery. 

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HAMMOND- Daniel Smith, 26, of Chicago, Illinois, was charged in a criminal complaint with robbery affecting interstate commerce of a Hammond Boost Mobile store, announced U.S. Attorney Kirsch. 

The criminal complaint alleges that on January 24, 2020, Daniel Smith entered the Boost Mobile store located at 2741 169th Street, Hammond, Indiana, held employees at gunpoint, and ordered them to fill up a duffel bag with cellular phones, after which he left the store with the bag full of phones. 

The United States Attorney’s Office emphasizes that a criminal complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.

If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

This case is being investigated by the Federal Bureau of Investigation’s Gang Response Investigative Team and Hammond Police Department with assistance from the Merrillville and Hazel Crest, Illinois Police Departments.  This case is being prosecuted by Assistant United States Attorney Caitlin M. Padula.

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SOUTH BEND - Maurice Sylvester, age 32, of South Bend, Indiana, was sentenced before United States District Court Judge Jon E. DeGuilio for conspiracy to possess with intent to deliver over 500 grams of methamphetamine and over 100 grams of heroin, announced United States Attorney Thomas L. Kirsch II.

Mr. Sylvester was sentenced to 130 months in prison followed by 5 years of supervised release. 

According to documents in this case, Mr. Sylvester was charged along with two others with conspiracy to distribute methamphetamine and heroin.  Law enforcement found Mr. Sylvester and over four pounds of methamphetamine in a home when they served a search warrant in South Bend.  Mr. Sylvester also had over $1200 of currency hidden on his body that had been used to purchase drugs.  Phone records, text messages and fingerprints all linked Mr. Sylvester to the drug business.  Mr. Sylvester has previously been convicted of six felonies, most involving drugs. 

Kenneth Sanders, a co-defendant, was previously sentenced to 120 months imprisonment followed by five years of supervised release.  A third defendant awaits sentencing. 

This case was investigated by the Bureau of Alcohol, Tobacco and Firearms with the assistance of the LaPorte County Drug Task Force and the Drug Enforcement Administration.  The case was handled by Assistant U.S. Attorneys Frank Schaffer and Kimberly Schultz.

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FORT WAYNE – Lafayette L. Carr, age 29, of Fort Wayne, Indiana was sentenced before U.S. District Court Judge Holly A. Brady for possession of a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Kirsch.

Carr was sentenced to 78 months in prison followed by 2 years of supervised release.

According to documents in this case, in the early morning hours of April 18, 2019, law enforcement officers served a search warrant on a particular motel room at a motel on Goshen Road in Fort Wayne, Indiana upon information that Carr had sold narcotics in the motel room during the night while armed with a firearm. Inside the motel room, officers located small, pre-packaged amounts of cocaine and heroin, digital scales and baggies. A few feet from the narcotics, officers located a loaded .40 caliber handgun hidden inside the motel room coffee pot. 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Indiana State Police and the Fort Wayne Police Department.  The case was handled by Assistant United States Attorney Sarah E. Nokes. 

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FORT WAYNE – Jeremiah Montel, age 40, of Fort Wayne, Indiana was sentenced before U.S. District Court Judge Holly A. Brady upon his guilty plea to the sexual exploitation of minors, announced U.S. Attorney Kirsch.

Montel was sentenced to 180 months in prison, 5 years of supervised release and ordered to pay $5000.

According to documents in this case, from April 2016 through April 2017, Montel enticed a minor to produce child pornography. 

The case was investigated by the Federal Bureau of Investigation’s Violent Crimes Against Children Task Force.  The case was handled by Assistant United States Attorney Lesley J. Miller Lowery. 

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SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Bradley Burns, age 31, of South Bend, Indiana, has been charged by criminal complaint for conspiracy to possess a controlled substance with intent to deliver and being a felon in possession of firearms.

According to documents in this case, on February 5, 2020, a criminal complaint was filed alleging that agents with the Oklahoma Bureau of Narcotics conducted a traffic stop on Interstate 40 near Oklahoma City.  Law enforcement found duffle bags containing 120 pounds of methamphetamine and one kilogram of heroin located in the car.  Investigators with Homeland Security Investigations determined that the narcotics were destined for a house on South Kentucky Street in South Bend and that the narcotics were to be delivered to Bradley Burns.  Agents replaced the actual narcotics with a sham substance, and then delivered the vehicle to that house.  As police approached the house, Burns ran from the back door of the house, leapt over a fence and was thereafter apprehended by police.  HSI agents obtained a search warrant for the residence and found a .38 caliber revolver, an AK-47 style rifle, an AR style rifle, a money counting machine, United States currency, receipts for money orders, a heat sealing machine, heat sealing bags, a small quantity of fentanyl, a cutting agent, and cell phones. 

The United States Attorney’s Office emphasizes that a Criminal Complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.

If convicted, any specific sentence to be imposed will be determined by the Judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

This case is being investigated Homeland Security Investigations  (a component of the Department of Homeland Security) with the assistance from the Drug Enforcement Administration, Oklahoma Bureau of Narcotics, South Bend Police Department (including its Strategic Focus and SWAT Units), St. Joseph County Police Department, the Indiana State Police and Elkhart City Police. This case is being handled by Assistant U.S. Attorney Kimberly Schultz.

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SOUTH BEND - Kenneth Sanders, age 39, of Mishawaka, Indiana was sentenced before South Bend District Court Judge Jon E. DeGuilio for conspiracy to distribute over 500 grams of a mixture or substance containing methamphetamine and over 100 grams of a mixture or substance containing heroin, announced U.S. Attorney Kirsch

Mr. Sanders was sentenced to 120 months in prison followed by 5 years of supervised release.  

According to documents in this case, between October and November of 2018, Mr. Sanders along with other individuals conspired to distribute methamphetamine out of a home located in South Bend, Indiana. In November, law enforcement executed a search warrant in South Bend where they found over four pounds of methamphetamine, money which had been used to buy drugs that same day from Mr. Sanders, along with Mr. Sanders and another person.  Mr. Sanders has twice been convicted of felonies, one of which involved violence.  Mr. Sanders admitted to knowing that methamphetamine was an illegal substance as well his role in the distribution of methamphetamine.  

This case was investigated by the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Michigan City Police Department, the LaPorte County Drug Task Force, and the Indiana State Police.  The case was handled by Assistant U.S. Attorney Frank Schaffer.

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FORT WAYNE – Odonis Parker, age 29, was sentenced by U.S. District Court Judge Damon Leichty, after being found guilty after a trial for being a felon in possession of a firearm, announced U.S. Attorney Kirsch.

Parker was sentenced to 114 months in prison followed by 2 years of supervised release

According to documents in this case, Mr. Parker was in possession of a firearm on May 26, 2019, after being a twice convicted felon in Allen County Superior Court.  His prior felonies were for Robbery and Theft on separate occasions.  

Parker went to his ex-girlfriend’s house while armed with a semi-automatic rifle containing two loaded 40 round magazines taped together.  After a confrontation, Parker fired multiple times into a car next to where the girlfriend, three minor children and a companion were standing.   Mr. Parker chased the companion, who fled, while firing and grazed the man in the head as he ran.  Parker then hid the firearm in the trunk of a car before fleeing to a nearby apartment.  Fort Wayne Police officers arrived on the scene and were able to locate the firearm and Parker, whom they arrested.        

The case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Fort Wayne Police Department. The case was handled by Assistant United States Attorney Stacey R. Speith.  

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SOUTH BEND – David Gibson, 48, of Chicago, Illinois was sentenced before South Bend District Court Judge Jon E. DeGuilio for conspiracy to distribute more than one kilogram of heroin, announced U.S. Attorney Kirsch.

Mr. Gibson was sentenced to 240 months in prison (to be served consecutively to a 12 year federal sentence in Wyoming) followed by 10 years of supervised release. 

On September 20, 2019, Mr. Gibson and his co-defendant, Mr Harris were found guilty of conspiracy to distribute over a kilogram of heroin after a 4-day jury trial.  According to evidence presented at trial, Mr. Gibson conspired with others to sell heroin in and around South Bend.  The conspirators shared a cellphone that customers called to arrange purchases of heroin.  The evidence showed that undercover law enforcement officers purchased heroin from members of the conspiracy on 28 separate occasions between March and October of 2017.  Phone records showed that the shared cellphones had over 80,000 contacts during the time of the conspiracy.  Mr. Gibson directed the sales conducted by those who sold heroin to the undercover officers.

This case was investigated by the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives with the assistance from several local police agencies including the St. Joseph County Drug Investigation Unit, Indiana State Police, South Bend Police Department, Mishawaka Police Department, the Elkhart Police Department, the Interdiction and Covert Enforcement (ICE) Unit consisting of Elkhart County and Goshen Officers , the St. Joseph County Police Department and the St. Joseph County Prosecutor’s Office.  The case was handled by Assistant U.S. Attorneys Joel Gabrielse and Molly Donnelly.

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SOUTH BEND – Jason Clevenger, 35, of Bremen, Indiana was sentenced by U.S. District Court Judge Damon R. Leichty following a guilty plea for being a felon in possession of a firearm, announced U.S. Attorney Kirsch.

Mr. Clevenger was sentenced to 30 months in prison followed by 1 year of supervised release. 

According to documents in this case, Mr. Clevenger passed five fake $20 bills to a Four Winds-South Bend casino patron for a genuine $100 bill.  After the patron realized that the bills were fake, it was reported to casino security. A review of casino security footage showed Mr. Clevenger meeting another man and moving what appeared to be a long gun from Mr. Clevenger’s car in the casino parking lot to the other man’s car.  The two men drove off the casino property, but returned to the casino a few hours later.  When Mr. Clevenger returned, police arrested him on an outstanding warrant.  A .22 rifle and a 9 mm pistol were recovered from the car in which Mr. Clevenger had been riding. Mr. Clevenger has a previous felony conviction and is prohibited by law from possessing firearms.

“This crime occurred on federally-recognized tribal land, held in trust for the Pokagon Band of Potawatomi Indians,” said U.S. Attorney Thomas L. Kirsch II.  “The United States has an important relationship with the Pokagon Band, and is committed to working with the Pokagon Band to protect the safety of its tribal citizens, while respecting the Pokagon Band’s sovereignty and culture. We will continue to focus our efforts on those committing federal crimes on the Pokagon Band’s tribal land.”

Pokagon Police Chief William Lux said, “The Pokagon Band of Potawatomi Indians is a federally-recognized sovereign nation and is committed to working with our law enforcement partners in the U.S. government to protect all who visit its trust land and to prosecute those who violate the law on Pokagon land. The conviction of Mr. Clevenger is a great example of team work between our officers, Pokagon Tribal Police Investigations Unit and the St. Joseph County Police Department. We appreciate the support of the FBI and U.S. Attorney Kirsch in prosecuting Mr. Clevenger for crimes committed while at Four Winds South Bend, which is on sovereign Pokagon Band land.”

This case was investigated by the Federal Bureau of Investigation in coordination with the Pokagon Band Tribal Police Department and the St. Joseph County Police Department.  The case was handled by Assistant U.S. Attorney Luke N. Reilander.

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FORT WAYNE – Jesus Sanchez, Jr, age 22, of Fort Wayne, Indiana, was sentenced by U.S. District Court Judge Holly A. Brady after his guilty plea of possessing a firearm in furtherance of a drug trafficking crime and maintaining a drug involved premises, announced U.S. Attorney Kirsch.

Sanchez was sentenced to 72 months in prison followed by 2 years of supervised release.

According to documents in this case, on June 19, 2019, Sanchez and two other defendants were charged for their role in a five count Indictment that alleged the possession with intent to distribute marijuana, possessing a firearm in furtherance of a drug trafficking crime and providing a residence for the storage and distribution of narcotics.  

The case was investigated by the Federal Bureau of Investigation’s Fort Wayne Safe Streets and Gang Task Force with the assistance of the Indiana State Police, the Allen County Sheriff’s Department and the Fort Wayne Police Department.  The case was handled by Assistant United States Attorneys Stacey R. Speith and Anthony W. Geller.  

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FORT WAYNE – Fredrick D. McCracken, age 62, of Converse, Indiana was sentenced before U.S. District Court Judge Holly A. Brady for wire fraud and making a false statement on an income tax return, announced U.S. Attorney Kirsch.

McCracken was sentenced to 46 months in prison followed by 2 years of supervised release and was ordered to pay over $3 million in restitution to his former employer and the IRS.

According to documents in this case, McCracken worked as an accountant for an industrial construction company located in Marion, Indiana. Because of his role as the accountant for the business, McCracken had access to the company’s bank accounts. From October 2012 through July 2018, McCracken wrote over 100 unauthorized checks drawn on the company’s business account and made payable to his personal business. From March 2016 through July 2018, McCracken used the company’s bank accounts to pay his personal credit card obligations more than 50 times. To avoid detection, McCracken concealed his activities in the company’s accounting records system. In total, his fraud scheme resulted in the theft of $2,440,490.46 from his employer. McCracken also failed to as income on his personal tax returns the funds that he stole, causing a $612,500.00 tax loss to the Internal Revenue Service.

The case was investigated by the Federal Bureau of Investigation, United States Postal Inspection Service and the Internal Revenue Service Criminal Investigation Division.  The case was prosecuted by Assistant United States Attorney Sarah E. Nokes. 

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Two officials from the local Iron Workers union pleaded guilty today for their role in a brutal assault on a group of non-union ironworkers in Dyer, Indiana.  The attack, which left multiple workers with serious injuries, was part of an effort to obtain a contract for the union to assist with the construction of the Plum Creek Christian Academy, a school affiliated with the Dyer Baptist Church.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Thomas L. Kirsch II of the Northern District of Indiana, Special Agent in Charge Irene Lindow, Chicago Regional Office, U.S. Department of Labor, Office of Inspector General (DOL-OIG) and Special Agent in Charge Grant Mendenhall of the FBI’s Indianapolis Field Office made the announcement.

Thomas Williamson Sr., 68, and Jeffrey Veach, 56, pleaded guilty to one count of extortion conspiracy before U.S. Magistrate Judge John Martin of the Northern District of Indiana.

Veach is the current president of Local 395 of the International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers (Local 395), based in Portage, Indiana.  Prior to his recent retirement, Williamson was a business agent for Local 395.  Under federal law, following their guilty pleas, Veach will forfeit his position as president and both men will be barred from holding any union position for at least 13 years following the end of any prison sentences they may serve. 

Pursuant to their plea agreements, Williamson and Veach admitted that on Jan. 7, 2016, they conspired to use actual and threatened violence to obtain contracts for Local 395 – a business contract from general contractor Lagestee-Mulder of Illinois, and/or a labor contract from D5 Iron Works (D5), also of Illinois.  Prior to Jan. 7, 2016, the two defendants had learned that D5 was performing structural ironwork for the Dyer Baptist Church, which was located in Local 395’s “territory.”  They also knew that D5 was not signed up to a labor contract with Local 395.

On the afternoon of Jan. 6, 2016, Williamson visited the church jobsite to talk to the foreman of the D5 crew and convince him to “sign up” with Local 395, or to stop work on the site.  After being told to leave the site, Williamson went across the street to the church.  Once inside, he confronted a youth pastor for the church and told him that it was “unethical” to use non-union labor for the construction site.  Williamson offered to get “his guys” on the jobsite instead. The next morning, Williamson returned to the jobsite, this time accompanied by co-defendant Veach.  The D5 foreman again refused to join the union and asked the two defendants to leave the site.  Williamson became angry and grabbed the foreman’s jacket, calling him, among other things, a “scab bastard.”  As they left the site, Williamson remarked to Veach that the two of them were going to have to “take things back to old school.”

The two defendants then gathered up about 10 rank-and-file members of Local 395 to return to the jobsite that afternoon.  Once at the jobsite, the union members immediately attacked the D5 workers and beat them with fists and loose pieces of hardwood, kicking them while they were on the ground.  As a result of the attack, one D5 worker sustained a broken jaw that required several surgeries and extended hospitalization.

The DOL-OIG, the FBI and the Dyer Police Department investigated the case. Trial Attorneys Alexander Gottfried and Robert Tully of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case.  Through its Labor Unit, the Organized Crime and Gang Section supports federal criminal prosecution in cases involving labor-management relations, internal union affairs, and the operation of employee pension and health care plans.  Assistant Chief for Labor-Management Racketeering Gerald Toner provided invaluable assistance in the prosecution of this case.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

WASHINGTON – Two officials from the local Iron Workers union pleaded guilty today for their role in a brutal assault on a group of non-union ironworkers in Dyer, Indiana.  The attack, which left multiple workers with serious injuries, was part of an effort to obtain a contract for the union to assist with the construction of the Plum Creek Christian Academy, a school affiliated with the Dyer Baptist Church.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Thomas L. Kirsch II of the Northern District of Indiana, Special Agent in Charge Irene Lindow, Chicago Regional Office, U.S. Department of Labor, Office of Inspector General (DOL-OIG) and Special Agent in Charge Grant Mendenhall of the FBI’s Indianapolis Field Office made the announcement.

Thomas Williamson Sr., 68, and Jeffrey Veach, 56, pleaded guilty to one count of extortion conspiracy before U.S. Magistrate Judge John Martin of the Northern District of Indiana.

Veach is the current president of Local 395 of the International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers (Local 395), based in Portage, Indiana.  Prior to his recent retirement, Williamson was a business agent for Local 395.  Under federal law, following their guilty pleas, Veach will forfeit his position as president and both men will be barred from holding any union position for at least 13 years following the end of any prison sentences they may serve. 

Pursuant to their plea agreements, Williamson and Veach admitted that on Jan. 7, 2016, they conspired to use actual and threatened violence to obtain contracts for Local 395 – a business contract from general contractor Lagestee-Mulder of Illinois, and/or a labor contract from D5 Iron Works (D5), also of Illinois.  Prior to Jan. 7, 2016, the two defendants had learned that D5 was performing structural ironwork for the Dyer Baptist Church, which was located in Local 395’s “territory.”  They also knew that D5 was not signed up to a labor contract with Local 395.

On the afternoon of Jan. 6, 2016, Williamson visited the church jobsite to talk to the foreman of the D5 crew and convince him to “sign up” with Local 395, or to stop work on the site.  After being told to leave the site, Williamson went across the street to the church.  Once inside, he confronted a youth pastor for the church and told him that it was “unethical” to use non-union labor for the construction site.  Williamson offered to get “his guys” on the jobsite instead. The next morning, Williamson returned to the jobsite, this time accompanied by co-defendant Veach.  The D5 foreman again refused to join the union and asked the two defendants to leave the site.  Williamson became angry and grabbed the foreman’s jacket, calling him, among other things, a “scab bastard.”  As they left the site, Williamson remarked to Veach that the two of them were going to have to “take things back to old school.”

The two defendants then gathered up about 10 rank-and-file members of Local 395 to return to the jobsite that afternoon.  Once at the jobsite, the union members immediately attacked the D5 workers and beat them with fists and loose pieces of hardwood, kicking them while they were on the ground.  As a result of the attack, one D5 worker sustained a broken jaw that required several surgeries and extended hospitalization.

The Department of Labor-Office of Inspector General, the Federal Bureau of Investigation and the Dyer Police Department investigated the case. Trial Attorneys Alexander Gottfried and Robert Tully of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case.  Through its Labor Unit, the Organized Crime and Gang Section supports federal criminal prosecution in cases involving labor-management relations, internal union affairs, and the operation of employee pension and health care plans.  Assistant Chief for Labor-Management Racketeering Gerald Toner provided invaluable assistance in the prosecution of this case.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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SOUTH BEND – United States Attorney Thomas L. Kirsch, II announced that Christopher Kinds, 34, of South Bend, Indiana pled guilty before United States District Court Judge Damon Leichty, sitting in South Bend.  Kinds admitted to possessing over 500 grams of methamphetamine with the intent to distribute, and he admitted to possessing a firearm after having been convicted of a felony. 

According to documents filed in this case, on September 5, 2019, investigators searched Mr. Kinds’ home and storage units at a rental facility, all in South Bend.  Investigators arrested Mr. Kinds the same day. Investigators recovered over 2 kilograms of methamphetamine from his home and 37 firearms from him, his home, and his storage units. Mr. Kinds has a 2006 felony conviction in St. Joseph County where he was sentenced to 4 years in prison.  

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the South Bend Police Department, St. Joseph County Drug Investigations Unit, and St. Joseph County SWAT Team.  The case was handled by Assistant U.S. Attorneys Molly Donnelly and Kim Schultz.

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HAMMOND- Brion Harris, 36, of Gary, Indiana, was sentenced before District Court Judge Philip P. Simon following his plea of guilty to possessing a firearm as a previously convicted felon, announced U.S. Attorney Kirsch.

Harris received a sentence of 54 months in prison followed by 1 year of supervised release. 

According to documents filed in this case, on January 2, 2019, during a traffic stop in Gary, Indiana, Harris was arrested in possession of two loaded firearms.  Harris has a prior felony conviction for possession of a sawed off shotgun.     

This case was investigated by the FBI GRIT Task Force and Gary Police Department and was prosecuted by Assistant United States Attorney Caitlin M. Padula. 

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FORT WAYNE – Edwin Calligan, age 43, of Fort Wayne, Indiana was convicted of being a felon in possession of a firearm, importing a detectible amount of 5F-adb (synthetic cannabinoid) into the United States and attempted possession with intent to distribute 5F-adb., announced U.S. Attorney Kirsch.

U.S. District Court Judge Holly Brady presided over this three day jury trial. 

According to documents presented in this case, in June of 2017, a federal search warrant was executed in Fort Wayne where several firearms were found in addition to ammunition.  Calligan has a felony conviction for Attempted Murder and Criminal Reckleness which exclude him from legally possession a firearm or ammunition.  Over the course of the investigation, several parcels were seized by Custom Border Protection, which contained the illegal substance, 5f-adb that been imported from China/Hong Kong. 

Calligan’s sentencing will be set by separate order. 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Department of Homeland Security Investigations, United States Custom and Border Protection, with the assistance of United States Postal Inspection Service, Allen County Drug Task Force, Allen County SWAT team, and the Indiana State Police.   The case was prosecuted by Assistant United States Attorney Stacey R. Speith.

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HAMMOND – Delvin Perkins, 24, of South Holland, Illinois, was sentenced by Senior U.S. District Court Judge James T. Moody to 51 months in prison after pleading guilty to one count of Conspiracy to Commit Hobbs Act Robbery, announced United States Attorney Thomas L. Kirsch II.

According to documents in the case, on March 18, 2019, Perkins and co-conspirator, Reilly Jackson, conspired to rob an armored vehicle within the Northern District of Indiana.  Perkins’ plan was to follow the armored vehicle as it picked up currency from various local businesses and find a suitable location to confront the driver with a firearm in order to obtain United States Currency.  The conspiracy was thwarted by FBI agents who conducted a felony traffic stop on Perkins’ vehicle before the crime could be committed.  At the time of the arrest, the FBI found two firearms within Perkins’ car.  As part of Perkins’ plea, he also admitted to participating in a prior theft of an armored vehicle out of Chicago, Illinois that took place on July 24, 2018.  At that time, Reilly Jackson was an employee of the armored car company and left the armored vehicle unlocked with the express purpose of giving Perkins access to the currency within.  Perkins entered the vehicle and stole $537,374 in United States Currency, which he later split with Jackson.  As part of the sentence, Perkins has been ordered to pay restitution in the full amount to the victim of the Illinois theft. In November 2019, Reilly Jackson was sentenced to 42 months in prison by U.S. District Court Judge Philip Simon.        

This case was investigated by the FBI with assistance from the Merrillville Police Department and prosecuted by Assistant United States Attorney Thomas McGrath in cooperation with the United States Attorney’s Office for the Northern District of Illinois.

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HAMMOND-Sean Pena, 37, of Portage, Indiana, and a member of the Chicago-based Latin Kings, was sentenced by Judge Simon to 108 months in prison following his guilty plea to conspiracy to participate in racketeering activity, announced U.S. Attorney Kirsch.    

According to documents in the case, Pena was held responsible for drug trafficking activity involving between 5 kilograms and 15 kilograms of cocaine distributed by the Latin Kings street gang.  As a member of the Latin Kings, Pena attended gang meetings and paid dues, which went to the purchase of such things as firearms and narcotics for the gang.  Pena was involved in distributing narcotics and patrolled Latin King neighborhoods looking out for rival gang members and police.        

This case is the result of the investigative efforts of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the East Chicago Police Department, the Gary Police Department, the Hammond Police Department, the Lake County, Indiana, Sheriff’s Department and Lake County High Intensity Drug Trafficking Area officers and agents.  The Lake County, Indiana Prosecutor’s Office and the U.S. Attorney’s Office, Northern District of Illinois, have also provided assistance.  The Latin King case is being prosecuted by Northern District of Indiana Assistant U.S. Attorneys David J. Nozick and Nicholas J. Padilla.

FORT WAYNE – Steven Hecke, age 44, and Samuel Battell, age 34, both of Fort Wayne, Indiana were charged in a criminal complaint filed late January 15, 2020 with possession with intent to distribute methamphetamine and fentanyl along with possession of a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Kirsch.

According to documents in this case, on or about January13, 2020, agents executed a series of search warrants at multiple locations in Allen County.  During the execution of search warrants, law enforcement found approximately 19 pounds of methamphetamine, 900 grams of fentanyl, multiple firearms and U.S. Currency.

United States Attorney Thomas L. Kirsch said, “We are focused on working with our local, state and federal agencies to curb drug and gun crimes in the Northern District of Indiana.  This case is an excellent example of agencies working together to accomplish those goals.”

“DEA Assistant Special Agent in Charge, Michael Gannon said, “DEA commends the outstanding work of our law enforcement partners.  If the alleged amount of fentanyl recovered would have hit the streets, it could have been devastating given that only 2mg could kill the average person.  DEA will continue to use all resources available to target criminal organizations that introduce drugs into our communities.” 

The United States Attorney’s Office emphasizes that a Criminal Complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.

If convicted, any specific sentence to be imposed will be determined by the Judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

The case is being investigated by the Drug Enforcement Administration and Allen County Drug Task Force with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Noble County Sheriff’s Department, Indiana State Police and the Fort Wayne Police Department.  The case is being handled by Assistant United States Attorney Anthony W. Geller. 

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HAMMOND - United States Attorney Thomas L. Kirsch II announced today the filing of a civil Medicare fraud complaint against physician Conrado Castor, age 74, of Schererville, Indiana, American Home Health Services, Inc. of Schererville, Indiana and its owners, Aurea Duncan, age 59, of Crown Point, Indiana, and Jacob Castor, age 58, of Dyer, Indiana for submitting claims to Medicare in violation of the Stark Law.

The Stark Law provides that the government will not pay for designated health services if such services were furnished by an entity that had a financial relationship with an immediate family member of the referring physician because such financial relationships can cause overutilization of those services and compromise the physician’s professional judgment.  The False Claims Act prohibits an entity from knowingly submitting claims for payment for such services.

The complaint alleges that during 2008-2014, physician Conrado Castor referred numerous Medicare patients for the purpose of receiving home health care services to three home health agencies owned by his immediate family members: American Home Health Services, Inc., Adarna Home Health Care Services, Inc., and Amore Home Health Care Services, Inc.  All three entities were owned by Dr. Castor’s immediate family members and billed Medicare for home health services for patients referred by Dr. Castor.  Medicare paid over 400 claims totaling over $1.2 million to American, Adarna, and Amore for Dr. Castor’s home health care referrals.  Defendant American Home Health Services, Inc. is owned by Dr. Castor’s sister, Aurea Duncan, and, during an earlier time period, Dr. Castor’s brother, Jacob Castor.  Medicare paid over 300 claims totaling more than $800,000 to American for Dr. Castor’s home health care referrals.

The False Claims Act allows the federal government to recover three times the amount of the false and fraudulent claims submitted to Medicare plus a civil penalty of $5,500 to $11,000 per false claim submitted during 2008-2014.  A small portion of recoveries under the federal False Claims Act, three percent, is used to fund the cost of future health care fraud investigations and cases.

“Medical decisions should be based on the best interests of patients and not on the personal financial interests of referring physicians and their family members,” said United States Attorney Thomas L. Kirsch II.  “My Office will continue to make it a high priority to file civil suits to recover funds that were paid out under the Medicare program because of health care fraud.”

The United States Attorney’s office emphasizes that a Complaint is merely an allegation and that the United States is required to prove their allegations before defendants can be found liable.

This suit was filed as the result of a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act.  The case was investigated by the United States Attorney’s Office for the Northern District of Indiana and is being handled by Assistant United States Attorneys Wayne T. Ault and Dirk D. De Lor.

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HAMMOND – Akeem Jackson, 29 years old, of Chicago, Illinois, was sentenced by U.S. District Court Judge Philip P. Simon after pleading guilty to Hobbs Act Robbery and Possession of a Firearm During and in Relation to a Crime of Violence, announced United States Attorney Thomas L. Kirsch II.

According to documents in the case, on April 28, 2018, Jackson and others robbed a Brinks armored car while a Brinks employee was servicing an ATM at a Chase Bank in Hammond, Indiana. During the robbery, Jackson disarmed the Brinks employee by taking his firearm. Jackson stole approximately $617,000 during the robbery.

This case was investigated by the FBI GRIT Task Force and prosecuted by Assistant United States Attorneys Jennifer Chang and Thomas McGrath.

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SOUTH BEND – Eduardo Ramirez, age 44, of South Bend, Indiana was sentenced yesterday afternoon (December 19, 2019) before South Bend District Court Judge Damon Leichty upon his plea of guilty to being a felon in possession of a firearm, announced U.S. Attorney Kirsch.

Ramirez was sentenced to 72 months in prison followed by 3 years of supervised release. 

According to documents in this case, Ramirez was involved in a vehicular accident.  After he crashed into another car, his passengers exited the vehicle while he attempted to flee police, first by vehicle and then on foot.  Officers detained him and found a fully loaded .357 revolver along with .357 and 9mm ammunition in the vehicle.  Ramirez’s criminal history stretches back to 1992, with six felony convictions, four misdemeanor convictions, and a juvenile felony adjudication.  

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the St. Joseph County Police Department, the South Bend Police Department, and the St. Joseph County Prosecutor’s Office.  The case was handled by Assistant U.S. Attorneys Molly E. Donnelly and Jerome W. McKeever.

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HAMMOND, IN – United States Attorney Thomas L. Kirsch II announced today that the Northern District of Indiana collected $4,754,430.93 in criminal and civil actions in Fiscal Year 2019.  Of this amount, $2,135,723.55 was collected in criminal actions and $2,618,707.38 was collected in civil actions. 

Additionally, the Northern District of Indiana worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $2,675,024.32 in civil actions pursued jointly by these offices.             

“Our financial litigation unit is great at using the tools they have available to locate and collect assets in our criminal and civil actions,” said U.S. Attorney Kirsch.  “For individuals who are part of our court cases, that intend to conceal assets, we will do everything we can to make sure your debt to the U.S. is paid.” 

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 collected to federal and state victim compensation and victim assistance programs.

Additionally, the U.S. Attorney’s office in Northern District of Indiana, working with partner agencies and divisions, collected $588,720 in asset forfeiture actions in FY 2019.  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.

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FORT WAYNE – Adonnis Carswell, age 34, of New Haven, Indiana was sentenced before U.S. District Court Judge Holly A. Brady following his conviction after a 4-day jury trial in September 2019, announced U.S. Attorney Kirsch.

Carswell was sentenced to 421 months in prison followed by 3 years of supervised release. 

”Today Mr. Carswell received a justified 35 year sentence,” said U.S. Attorney Kirsch.  “A sentence like this should send a strong message of deterrence to others who wish to be part of similar activities.  My Office and our law enforcement partners will continue to investigate, prosecute and seek lengthy prison sentences for these type of crimes.”

According to evidence presented at trial, in June 2017, a search warrant was executed on a residence in New Haven, Indiana where Carswell lived.  During the search agents found numerous firearms (to include a Smith and Wesson pistol, a Scorpion Pistol and a rifle which contained a 100 round drum magazine and 124 rounds of ammunition), over 60 grams of heroin, along with other indicia of drug distribution (packaging, scales, and over $25,000 in cash). A jury found Carswell guilty of maintaining a place for purposes of distributing a controlled substance (cocaine, heroin and marijuana), possessing with intent to distribute less than 100 grams of heroin, possessing a firearm in furtherance of the drug trafficking crime, and being a convicted felon in possession of a firearm as charged in Counts 1-4 of the Indictment. 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives along with the Indiana State Police with the assistance of the New Haven Police Department as well as the Drug Enforcement Administration and Internal Revenue Service, Criminal Investigation Division.  The case was prosecuted by Assistant United States Attorneys Anthony Geller and Sarah Nokes. 

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HAMMOND-Edward T. Bell, 30, of Gary, Indiana, was sentenced by Judge Simon to 87 months imprisonment following his guilty plea to possession of firearms by a convicted felon, announced U.S. Attorney Kirsch.    

According to documents in the case, during July and August 2018, the FBI and ATF purchased nine firearms, including a fully automatic pistol, from Edwards in East Chicago and Gary, Indiana.  Thereafter, in August 2018, during a search of Bell’s vehicles in Gary, Indiana, law enforcement recovered eleven semi-automatic pistols, one fully automatic pistol, 72 grams of crack cocaine, and synthetic marijuana.  Bell has prior felony convictions for possession of cocaine and distribution of ecstasy.     

This case is the result of the investigative efforts of the Federal Bureau of Investigation-Chicago Field Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives-Chicago Field Division.  The case was prosecuted by Northern District of Indiana Assistant U.S. Attorney Nicholas J. Padilla.

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HAMMOND- Richard E. Gearhart, 69, of St. John, Indiana has tendered his plea of guilty to conspiracy to commit securities fraud, announced U.S. Attorney Kirsch.

“Fraud schemes targeting the elderly, among the most vulnerable of victims, are particularly egregious crimes,” said US Attorney Thomas L. Kirsch, II.  “My Office and our law enforcement partners are committed to prosecuting white collar crimes like those committed in this case.”

According to court documents, between in or about January 2008 and continuing through in or about March 2013, Gearhart, the owner of Asset Preservation Specialists, Inc., along with his co-conspirator, knowingly, willfully, and intentionally engaged in a securities fraud scheme in which he and his co-conspirator sold securities to more than 25 investor victims through false statements, misrepresentations, and omissions of material facts.  Gearhart’s actions resulted in misleading the investor victims into purchasing securities from him and his co-conspirator whereby the victims’ investments were used for the personal benefit of Gearhart and his co-conspirator including funding businesses they owned without disclosing this information to the investor victims.  In Gearhart’s plea agreement, he agreed to serve 5 years in prison and pay restitution to all victims impacted by the fraud, subject to the approval of the court.  The sentencing date will be determined by the court at a later date.  George R. McKown is scheduled to proceed to trial on January 27, 2020.

The case was the result of an investigation by the U.S. Postal Inspection Service, the Federal Bureau of Investigation, and the Indiana Secretary of State, Securities Division and is being prosecuted by Assistant United States Attorney Toi Denise Houston.

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SOUTH BEND - Brandon Edelman, age 33, of South Bend, Indiana was sentenced before South Bend District Court Judge Robert L. Miller, Jr. for armed drug trafficking, announced U.S. Attorney Kirsch.

Mr. Edelman was sentenced to 408 months in prison followed by 3 years of supervised release. 

Mr. Edelman was initially indicted in June of 2018 for possession of methamphetamine with intent to distribute, armed drug trafficking, and felon in possession of a firearm.  On February 7, 2019, a jury returned guilty verdicts on all three counts following a two-day trial. 

“A sentence of 34 years should send a strong message to others who wish to engage in similar criminal activities,” said U.S. Attorney Kirsch.  “The propensity for violence increases when narcotics are involved.  Edleman further endangered lives by evading law enforcement with a high speed chase and having his passenger throw a loaded firearm out a window during that chase.  These violent acts will not be tolerated.  My Office and our law enforcement partners will continue to investigate and prosecute dangerous individuals like Mr. Edleman.”  

According to documents in this case, in April of 2018, South Bend Police observed Mr. Edelman driving a stolen truck. When police attempted to investigate, Mr. Edelman drove off at an extremely high speed. The vehicle pursuit lasted approximately 13 minutes, ending only when the vehicle was disabled; Mr. Edelman then ran from police. Mr. Edelman subsequently admitted to having his accomplice, during the vehicle pursuit, throw $20,000 cash, a loaded handgun, and ¼ pound of methamphetamine out the window as those items were incriminating. Police were able to recover the handgun.  Mr. Edelman had previously been convicted of five felonies and eight misdemeanor offenses. He was on probation when he committed the April 2018 federal crimes. 

This was investigated by the Drug Enforcement Agency with the assistance of the South Bend Police Department.  The case was handled by Assistant U.S. Attorney Joel Gabrielse.

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FORT WAYNE – Justin B. Nelson, age 26, of Plainfield, Indiana was sentenced before U.S. District Court Judge Damon R. Leichty for possession with intent to distribute fifty grams or more of methamphetamine, announced U.S. Attorney Kirsch.

Nelson was sentenced to 120 months in prison followed by 5 years of supervised release.

According to documents in this case, on the evening of February 27, 2019, Indiana State Police conducted a traffic stop of a vehicle driven by Nelson in Fort Wayne, Indiana. A police canine alerted to the presence of the odor of narcotics in the vehicle, and the vehicle was searched. Inside, officers located a safe which contained 79.6 grams of crystal methamphetamine and 23.4 grams of psilocybin (hallucinogenic) mushrooms.  Nelson admitted to dealing methamphetamine prior to the traffic stop and admitted that he had intended to distribute more of the methamphetamine that night. 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Indiana State Police and the Allen County Sheriff’s Department.  The case was handled by Assistant United States Attorney Sarah E. Nokes. 

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HAMMOND – The Justice Department’s Office of Justice Programs today announced awards of more than $333 million to help communities affected by the opioid crisis. $1,268,795 will help public safety and public health professionals in the Northern District of Indiana combat substance abuse and respond effectively to overdoses. OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan made the announcement during a visit with local, state and federal officials in West Virginia, one of the states hardest hit by the epidemic.

“The opioid crisis has destroyed far too many lives and left too many Americans feeling helpless and hopeless,” said PDAAG Sullivan. “This epidemic—the most deadly in our nation’s history—is introducing new dangers and loading public health responsibilities onto the public safety duties of our law enforcement officers. The Department of Justice is here to support them during this unprecedented and extremely challenging time.”

With more than 130 people dying from opioid-related overdoses every day, the Department of Justice has made fighting addiction to opioids—including heroin and fentanyl—a national priority. The Trump Administration is providing critical funding for a wide range of activities—from preventive services and comprehensive treatment to recovery assistance, forensic science services and research—to help save lives and break the cycle of addiction and crime.

“In Northern Indiana, my Office’s efforts to reduce opioid abuse and combat the opioid crisis are ongoing,” said U.S. Attorney Kirsch.  “Today I am pleased to announce that Lake, LaPorte and Grant Counties, within the District, applied for and will receive a combined total of $1,268,795 in funding from the Department of Justice to fight opioid abuse.”

The awards announced today support an array of activities designed to reduce the harm inflicted by these dangerous drugs. Grants will help law enforcement officers, emergency responders and treatment professionals coordinate their response to overdoses. Funds will also provide services for children and youth affected by the crisis and will support the nationwide network of drug and treatment courts. Other awards will address prescription drug abuse, expand the capacity of forensic labs and support opioid-related research.

The following awards were made to organizations in the Northern District of Indiana:

Comprehensive Opioid Abuse Site-based Program

LaPorte, Indiana Circuit Court $555,424

Adult Drug Court and Veterans Treatment Court Discretionary Grant Program

Lake County Municipal Court- Gary $219,649

Family Drug Court Program

Grant County Family Recovery Court $493,722

Information about the programs and awards announced today is available here. For more information about OJP awards, visit the OJP Awards Data webpage.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.

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SOUTH BEND - Ramon Lenoir, age 38, of South Bend, Indiana was sentenced before South Bend District Court Judge Damon R. Leichty for possession of a firearm in furtherance of a drug trafficking crime, announced United States Attorney Thomas L. Kirsch II. 

Mr. Lenoir was sentenced to 60 months in prison followed by 2 years of supervised release. 

According to documents in this case, in December of 2018, law enforcement executed a search warrant at Mr. Lenoir’s residence in South Bend, Indiana. When officers entered the home, they located Mr. Lenior in the bathroom attempting to flush methamphetamine down the toilet. During the search, officers found over $7,000 in cash, about 334.7 grams of methamphetamine, 163 grams of marijuana, about 6.8 grams of cocaine, three handguns, and three long guns. Mr. Lenoir later admitted that he possessed at least one handgun for protection while he was engaged in dealing methamphetamine.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives with the assistance of the South Bend Police Department and the St. Joseph County Drug Investigation Unit.  The case was handled by Assistant U.S. Attorney Kimberly Schultz.

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SOUTH BEND – Armand White, 32, of South Bend, Indiana, was charged in a criminal complaint for Hobbs Act robbery, bank robbery, possession of a firearm in furtherance of a crime of violence and being a felon in possession of a firearm, announced U.S. Attorney Thomas L. Kirsch II. 

According to documents in this case, in November 2019 a store in Mishawaka and a bank in South Bend were robbed by two men in ski masks.  On two separate occasions, the robbers allegedly entered the establishments, displayed handguns and demanded money from employees. From the cigarette store the robbers obtained $500 in cash and cigarettes.  The robbers stole $6500 from the bank.  Mr. White was convicted in 2009 of two bank robberies in South Bend.  He is currently on federal supervised release.  During the search of his residence, pursuant to a federal search warrant, agents found multiple firearms.

United States Attorney Kirsch said, “The alleged crimes are intolerable.  My Office along with our federal and state law enforcement partners are dedicated to solving and prosecuting crimes that put innocent lives at risk”

The United States Attorney’s Office emphasizes that a Complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.

If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

This case is being investigated by the FBI Safe Streets Task Force with the assistance of the South Bend Police Department, St. Joseph County Police Department and Elkhart Police Department.  This case is being prosecuted by Assistant United States Attorney Joel Gabrielse.

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HAMMOND – Blake King, age 20, of Merrillville, Indiana, was sentenced by U.S. District Court Judge Joseph Van Bokkelen upon his plea of guilty to robbery with a dangerous weapon of a person with custody of money of the United States, announced United States Attorney Thomas L. Kirsch, II.

According to documents in this case, on June 7, 2018, in Gary, Indiana, the defendant, co-defendant Bernard Graham, and Raymon Truitt worked together on a scheme to fake gun sales to customers so they could rob the buyers. The defendant’s role in the robbery was to present the “buyers” with a bag supposedly filled with firearms but which was in fact filled with pots and pans. While this was occurring, Raymon Truitt utilized a firearm to rob the buyers, who were in fact ATF federal law enforcement agents, of $1,550 of United States currency. During this robbery, Truitt and Graham both opened fire on the agents and an ATF agent was wounded, placing his life in jeopardy.

Bernard Graham entered a plea of guilty on September 30, 2019, and is scheduled to be sentenced at a later date in 2020.  Raymon Truitt was also wounded during the exchange of gunfire and died from his wounds.

Bernard Graham entered a plea of guilty on September 30, 2019, and is scheduled to be sentenced at a later date in 2020. Raymon Truitt was also wounded during the exchange of gunfire and died from his wounds.

King’s reckless, criminal actions resulted in the shooting of a law enforcement officer,” said U.S. Attorney Thomas L. Kirsch II. “Gun violence will not be tolerated. ATF, along with our federal, state and local law enforcement partners are dedicated to investigating, and my Office is dedicated to prosecuting these individuals who commit irresponsible criminal acts.”

“The dangers law enforcement face while investigating illegal gun crimes should never be taken for granted,” remarked ATF Special Agent in Charge Tim Jones of the Chicago Field Division. “We are grateful to the United States Attorney’s Office for their diligence in bringing these defendants to justice.”

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of Lake County High Intensity Drug Trafficking Area officers and agents, the Indiana State Police, and the Lake County Prosecutor’s Office.  The case was prosecuted by Assistant United States Attorneys Thomas McGrath, Thomas Mahoney, and Nicholas Padilla. 

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HAMMOND-Rosalind Cherry, 64, of Gary, Indiana, was sentenced today by U.S. District Court Judge Philip Simon following her guilty plea to conspiracy to distribute and possess with intent to distribute 28 grams or more of crack cocaine, announced U.S. Attorney Kirsch.    

According to documents in the case, from August 2016 through at least November 2016, Ms. Cherry conspired with others to distribute and possess with the intent to distribute 28 grams or more of crack cocaine.  During the time of the conspiracy she sold crack from her residence in Gary, Indiana.    

This case is the result of the investigative efforts of the Federal Bureau of Investigation GRIT Task Force with the assistance of the Gary and Hobart Police Departments.  The case was handled by Assistant United States Attorneys Thomas R. Mahoney, Joseph A Cooley and Alexandra McTague.

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