Northern District of Indiana
Press releases recorded for this federal judicial district.
Hammond Man Sentenced to 70 Months ImprisonmentRead the Press Release
HAMMOND - Javier Castillo, 21, of Hammond, Indiana, was sentenced before District Court Judge Philip P. Simon for his role in a racketeering conspiracy as a member of the Latin Kings street gang, announced U.S. Attorney Thomas L. Kirsch II.
Castillo was sentenced to 70 months imprisonment and 2 years supervised release.
According to documents in this case, Castillo admitted his involvement in the June 2015, aggravated assault of a victim sustaining serious bodily injury in Hammond, Indiana, and admitted his responsibility for distributing between 500 grams and 2 kilograms of cocaine as relevant conduct for his role in the Latin Kings.
The Latin King case is the result of the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Chicago Police Department, the East Chicago Police Department, the Federal Bureau of Investigation, 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 Northern District of Illinois United States Attorney’s Office and the Lake County Prosecutor’s Office also has provided assistance. The Latin King case is being prosecuted by Assistant U.S. Attorneys David J. Nozick and Dean Lanter of the Northern District of Indiana.
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Hammond Woman Sentenced to 70 Months ImprisonmentRead the Press Release
HAMMOND - Alexis T. Young, age 35, of Hammond, Indiana was sentenced before U.S. District Court Judge Joseph S. Van Bokkelen for conspiracy to commit identity theft and aggravated identity theft, announced United States Attorney Thomas L. Kirsch II.
Young was sentenced to 70 months imprisonment, 2 years supervised release, and ordered to pay over $64,000 in restitution to various financial institutions and retailers.
According to documents in this case, Alexis T. Young pled guilty to Count 1 of the Indictment that charged her with conspiracy to commit identity theft. Later, a jury found Young guilty on the remaining three (3) counts of aggravated identity theft. The fraud scheme involved the theft of medical forms, photostatic copies of driver’s licenses and state identification cards, Medicare cards, and other documents from a medical facility located in Illinois. The documents contained the names, dates of birth, social security numbers, checking accounts, credit card accounts, and Medicare card numbers of the victims including children. The fraud scheme involved opening fraudulent credit card, bank, and retail accounts on-line as well as utilities in the names of the victims. As part of the scheme, Young added herself as an authorized user on existing accounts of the victims. Young opened the accounts without the knowledge, authority, or permission of the victims.
The case was the result of an investigation by the U.S. Postal Inspection Service. This case was prosecuted by Assistant United States Attorney Toi Denise Houston.
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Elkhart Man Charged by ComplaintRead the Press Release
SOUTH BEND - Jacob Ryan Underwood, 22, of Elkhart, Indiana was charged by Criminal Complaint with possession of a firearm, namely a destructive device, which is not registered to him in the National Firearms Registration and Transfer Record announced United States Attorney Thomas L. Kirsch II.
United States Attorney Kirsch said, “Destructive devices, such as pipe bombs, are not only illegal, but present an imminent danger to life and property. The US Attorney’s Office will continue to aggressively prosecute those who possess and attempt to detonate devices like these.”
Based upon the investigation, the complaint alleged that: Jacob Underwood assisted in constructing one pipe bomb; he watched as two pipe bombs were made and; that he later threw those two pipe bombs out of a car window while he was in Mishawaka, which are believed to be the two pipe bombs found on January 29, 2018. Investigators also received information that Underwood had detonated a pipe bomb outside of his residence, and they found a garbage can outside of his residence that appeared to be damaged by an explosive device.
The United States Attorney's Office emphasized that a Complaint 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.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of 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. The case is being handled by Assistant U.S. Attorney Molly E. Donnelly.
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South Bend Woman Sentenced to 120 Months in PrisonRead the Press Release
SOUTH BEND - Brittany N. Stenberg, age 30, of South Bend, Indiana, was sentenced before South Bend District Court Judge Jon E. DeGuilio for the crime of transporting a minor with intent to engage in criminal sexual activity, announced United States Attorney Thomas L. Kirsch II.
Stenberg was sentenced to 120 months imprisonment followed by 5 years of supervised release.
According to documents in this case, from September 30, 2014, to October 3, 2014, Stenberg transported a minor from Indiana to Illinois for the purpose of engaging in prostitution.
This case was investigated by the Federal Bureau of Investigation with the assistance of the Cook County, Illinois, Sheriff’s Department. The case was handled by Assistant U.S. Attorneys John Maciejczyk and Molly Donnelly.
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South Bend Man Sentenced to 51 Months in PrisonRead the Press Release
SOUTH BEND - George Harvey, age 64, of South Bend, Indiana, was sentenced before South Bend District Court Judge Jon E. DeGuilio for being a convicted felon in possession of a firearm announced United States Attorney Thomas L. Kirsch II.
Harvey was sentenced to 51 months imprisonment followed by 1 year of supervised release.
According to documents in this case, in the middle of the night Harvey was driving without a valid license. Police stopped the car for a traffic violation, found a loaded handgun and a crack pipe. Harvey has approximately eleven (11) felony convictions and twenty (20) misdemeanor convictions. Harvey was awaiting sentencing for a crime in state court when he possessed the firearm.
This case was investigated by the Bureau of Alcohol, Tobacco and Firearms with the assistance of the South Bend Police Department. The case was handled by Assistant United States Attorney Joel Gabrielse.
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Netherlands Man SentencedRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Federico Avendano, age 53, of the Netherlands was sentenced before South Bend District Court Judge Jon E. DeGuilio for aggravated identity theft.
Avendano was sentenced to 48 months imprisonment and he was ordered to pay restitution in the amount of $605,468.81.
According to documents in this case, in April and September of 2011, Mr. Avendano used the taxpayer identification number of another person to commit wire fraud by filing fraudulent tax returns with the Internal Revenue Service. He obtained the individual taxpayer identification numbers (ITINs) while working as a tax preparer in South Bend, then used those numbers to file returns without the taxpayers’ knowledge. The returns contained false information about the taxpayers’ employment and falsely claimed they were entitled to refunds that were to be deposited into bank accounts he controlled.
This case was investigated by the Internal Revenue Service, Criminal Investigation Division. The case is being handled by Assistant United States Attorney Jesse Barrett.
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Elkhart Man Sentenced to 84 Months in PrisonRead the Press Release
SOUTH BEND - Thomas Hamet, age 38, of Elkhart, Indiana, was sentenced before South Bend District Court Judge Robert L. Miller, Jr. for possession of methamphetamine with intent to distribute and possessing a firearm in furtherance of a drug trafficking crime, announced United States Attorney Thomas L. Kirsch II.
Hamet was sentenced to 84 months imprisonment followed by two years of supervised release.
According to documents in this case, on February 3, 2017, Mr. Hamet possessed methamphetamine in his car and he intended to sell the methamphetamine. He also possessed a Beretta handgun to protect and further his drug business.
This case was investigated by the Bureau of Alcohol, Tobacco and Firearms with the assistance of the St. Joseph County Police Department. The case was handled by Assistant U.S. Attorney Frank Schaffer.
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Gary Man Sentenced to 57 Months ImprisonmentRead the Press Release
HAMMOND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Corey Taylor, 35, of Gary, IN, was sentenced on February 6, 2018 by District Court Judge Jon E. DeGuilio to 57 months imprisonment for Distribution of Heroin. The Court ordered the sentence to be served consecutively to an 8 month sentence imposed by Judge Phillip P. Simon on November 13, 2017 for Taylor’s violation of supervised release conditions after a prior federal drug conviction.
According to Court filings, Taylor was selling heroin over a period of at least three months. Some of the heroin was laced with fentanyl and carfentanil. Fentanyl is a synthetic opioid that is 50 times more potent then heroin and carfentanil is a synthetic opioid that is 100 times more potent than fentanyl.
The DEA/HIDTA group and Gary Police Department purchased heroin from Taylor on three occasions under controlled conditions. A search of his vehicle and home yielded more controlled substances, which were also seized.
This case was investigated by the Drug Enforcement Administration/Lake County HIDTA Group in cooperation with the Gary Police Department and prosecuted by Assistant United States Attorney Thomas McGrath.
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Pennsylvania Firearms Dealer Sentenced to 100 Months ImprisonmentRead the Press Release
HAMMOND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Vahan Kelerchian, 58, of Richboro, Pennsylvania, doing business as Armament Services International “ASI”, was sentenced before Senior District Court Judge Joseph S. Van Bokkelen for his role in the acquisition of machineguns and restricted laser aiming sights.
Kelerchian was sentenced to 100 months imprisonment, ordered to pay a $100,000 fine and $28,200 in restitution along with serving 1 year of supervised release upon release from prison. Kelerchian was found guilty after a two-week trial that ended October 15, 2016. Kelerchian was taken into custody upon sentencing to begin serving his sentence.
According to evidence presented at trial, Kelerchian conspired with Joseph Kumstar and Ronald Slusser, now former Lake County Police Officers, to knowingly make false statements relating to the acquisition of firearms. Kumstar and Slusser, who have plead guilty, used their positions as sworn law enforcement officers in coordination with Kelerchian using his position as a Class 3 Federal Firearms Licensee to acquire approximately 71 fully automatic machineguns in the name of the Lake County Sheriff’s Department knowing that the Lake County Sheriff’s Department was not going to be the true owner of these weapons. Kelerchian, Kumstar and Slusser conspired to use law enforcement letter head to create letters which falsely represented that the machineguns were going to be used by the Lake County Sheriff’s Department to carry out its law enforcement responsibilities since machineguns manufactured after 1986 can only be acquired by law enforcement agencies and not individual officers. The machineguns were purchased for a cost of $1200 and $1600 and then when received by the Sheriff’s Department, transported offsite to be parted out. The barrels (also known as the “upper”) were split with the officers and some were sent back to Kelerchian. The “uppers” sold between $3000 and $3600 due to post-1986 parts not being available to the public because only law enforcement agencies or the military can acquire these weapons.
Kelerchian also used his company (Armament Services International “ASI”) to assist Kumstar and Slusser to acquire 74 restricted laser aiming sights again using law enforcement letterhead from the Lake County Sheriff’s Department and the Lowell Police Department. These class 3b laser sights were restricted by the Food and Drug Administration. These lasers were designed, per a variance from FDA, to be used for law enforcement and military use only because they did not have the audible or manual safety locks as required for class 3b lasers. The laser aiming sights had a visible laser that could be seen in excess of 50 feet and an invisible laser that could be used for targeting with infrared goggles in excess of 1 mile. Kelerchian along with the officers used their positions to acquire these devices and sell them to the general public or keep the devices for themselves.
In addition to the charges above, Kelerchian was also found guilty of money laundering and false statements to the Bureau of Alcohol, Tobacco, Firearms and Explosives regarding false demonstration letters involving high powered belt-fed machine guns. Kelerchian was also charged with bribery but was acquitted of that charge.
United States Attorney Thomas L. Kirsch II said, “ Mr. Kelerchian abused the authority entrusted to him for criminal purposes. The 8 years that he will spend in federal prison, which began today, should be a deterrent to others similarly situated that act for illegal purposes. The U.S. Attorney’s Office will continue to aggressively prosecute our nation’s firearm laws and seek meaningful sentences of offenders to both punish and deter this type of criminal behavior.
As reported previously, Joseph Kumstar was sentenced to 57 months; Edward Kabella was sentenced to 24 months; and Ronald Slusser was sentenced to 70 months for their involvement in this case.
This case is a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Department of Defense Criminal Investigative Services; Federal Bureau of Investigation; Food and Drug Administration, Office of Criminal Investigations; and the Internal Revenue Service, Criminal Investigation Division. This case was prosecuted by Assistant United States Attorneys Philip C. Benson and Thomas M. McGrath.
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South Bend Man Sentenced to 60 Months ImprisonmentRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Larry D. Cole, age 46, of South Bend, Indiana was sentenced before District Court Judge Jon E. DeGuilio for one count of possession of a firearm in furtherance of a drug trafficking crime
Cole was sentenced to 60 months imprisonment and 2 years of supervised release.
According to documents in this case, in May of 2017, Cole sold 3.6 grams of cocaine to an individual working for the St. Joseph County Drug Interdiction Unit. When officers executed a search warrant on an address in South Bend where the drugs were sold, they observed Cole running from the rear of the house to the living room and reaching under the couch for a .45 caliber handgun. Cole also had $1,188 in cash and a small amount of marijuana and cocaine. Some of the cash was from the sale of drugs the day before to the individual working with the Drug Interdiction Unit.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the St. Joseph County Drug Interdiction Unit which is comprised of officers from the Mishawaka Police Department; the South Bend Police Department and the St. Joseph County Sheriff’s Department. This case was handled by Assistant U.S. Attorney John M. Maciejczyk.
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Fort Wayne Man Sentenced to 120 Months ImprisonmentRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Samuel J. Gemple, age 49, of Fort Wayne, Indiana was sentenced before Chief Judge Theresa Springmann on his guilty plea to conspiracy to distribute and possess with intent to distribute more than 100 kilograms of marijuana.
Gemple was sentenced to 120 months of imprisonment and 8 years of supervised release
According to documents in this case, Gemple was delivering large marijuana shipments for the conspiracy and that he was obtaining heroin from the conspiracy and distributing it to his drug customers.
This case was investigated by the Federal Bureau of Investigation’s Safe Streets and Gang Task Force, whose members include FBI, the Indiana State Police, the Allen County Police Department, and the Fort Wayne Police Department. The United States Marshals Service also assisted with the apprehension of Gemple. This case was prosecuted by Assistant United States Attorneys Anthony W. Geller and Stacey Speith.
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Elkhart Man Sentenced for Receipt of Child PornographyRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Donald J. Meachum, age 21, of Elkhart, Indiana was sentenced before District Court Judge Jon E. DeGuilio for one count of receipt of child pornography.
Meachum was sentenced to 60 months imprisonment and 5 years of supervised release.
According to documents in this case, from December 2013 to December 2016, Meachum used his cellular phone to download images and videos of child pornography from the internet. Some of these videos or images involved minors under the age of 12.
This case was investigated by the Federal Bureau of Investigation with the assistance of the St. Joseph County Cybercrimes Unit. This case was handled by Assistant U.S. Attorney John M. Maciejczyk.
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Peru Man Sentenced to 30 Months ImprisonmentRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Jamie Buckner, age 48, of Peru Indiana, was sentenced before Chief Judge Theresa Springmann on her guilty plea to eight counts of theft of government property.
Buckner was sentenced to 30 months imprisonment and 3 years of supervised release.
According to documents in this case, from June through November 2015, Buckner stole United States Postage Stamps and other merchandise belonging to the United States Postal Services by presenting checks for the payment of stamps and merchandise knowing that the checks would not be honored by the financial institutions. As part of the sentence, Buckner was ordered to pay restitution to the Postal Service in the amount of $21,578.21.
This case was investigated by the United States Postal Inspection Service and was handled by Assistant United States Attorney Stacey R. Speith
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Elkhart Man Sentenced to 188 Months ImprisonmentRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Enrique Cordova Campos, age 42, of Elkhart, Indiana was sentenced before Chief Judge Theresa Springmann on his guilty plea to conspiracy to possess and distribute more than 5 kilograms of cocaine.
Campos was sentenced to 188 months imprisonment and 5 years supervised release.
According to documents in this case, from May through August of 2016, Campos was supplying kilograms of cocaine to a drug distribution group in the Fort Wayne area. Campos supervised several other individuals who delivered drug shipments this group and who collected money from it. In May of 2016, officers stopped one of these men and seized about $100,000 in drug proceeds. In August of 2016, officers served a search warrant at Campos’s Elkhart residence, finding about $44,000 of drug proceeds in his vehicle and a firearm in his residence.
United States Attorney Thomas L. Kirsch II said, “My office, with our law enforcement partners, is focusing our resources on drug distribution networks in an attempt to reduce illicit drugs on the streets of northeast Indiana.”
This case was investigated by the Federal Bureau of Investigation’s Safe Streets Gang Task Force, which includes the FBI, Indiana State Police, Allen County Sheriff’s Department, and Fort Wayne Police Department. The Elkhart Police Department and the Elkhart County Sheriff’s Department also assisted with this investigation. This case was handled by Assistant United States Attorneys Anthony W. Geller and Stacy R. Speith.
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The United States and Indiana Reach Agreement with Suncoke Energy and Cokenergy to Resolve Clean Air Act Violation at Indiana Harbor Coke PlantRead the Press Release
WASHINGTON – SunCoke Energy Inc., its subsidiary Indiana Harbor Coke Company (IHCC), and Cokenergy have agreed to resolve alleged Clean Air Act violations relating to excess emissions of coke oven gases from their coke plant in East Chicago, Indiana, announced the Department of Justice, the U.S. Environmental Protection Agency, the Office of the Indiana Attorney General, and the Indiana Department of Environmental Management.
Implementation of the Consent Decree’s requirements will result in estimated annual emissions reductions of 2,075 tons of coke oven emissions, which are hazardous air pollutants, and include 1,895 tons of SO2, 125 tons of particulate matter, 55 tons of volatile organic compounds, and 680 pounds of lead. In addition, under the settlement agreement the companies will spend $250,000 on a lead abatement project in the East Chicago area to reduce lead hazards in schools, day-care centers, and other buildings with priority given to young children and pregnant women. Additionally, the companies will provide copies of reports submitted under the Consent Decree to two public libraries in East Chicago.
The settlement also requires comprehensive coke oven rebuilds to address oven leaks, including potential permanent shut down of the worst performing battery. The companies have agreed to enhanced monitoring and testing requirements, including two stack tests to measure lead emissions. Further, the settlement requires implementation of preventive maintenance and operations plans to minimize excess emissions. Finally, the companies will pay a $5 million civil penalty, to be split evenly between the United States and the State of Indiana.
“This settlement will result in significant reductions in harmful air pollution and is welcome news for East Chicago, an area which is currently not meeting national air quality standards for ozone,” said Acting Assistant Attorney General Jeffrey H. Wood. “The Justice Department’s Environment and Natural Resources Division is proud to have partnered with the EPA, the state of Indiana, and the U.S. Attorney’s Office in achieving these results. Today’s action reflects our commitment to working together to enforce environmental laws.”
“Today’s settlement is one example of how EPA is committed to reducing exposure to lead and other contaminants in communities across the country,” said EPA Administrator Scott Pruitt. “Lead exposure is a serious problem and reducing it is a priority for EPA.”
“We fight every day to protect the safety of Hoosiers and their families,” Attorney General Curtis Hill of the State of Indiana said. “This agreement goes a long way to protect Hoosiers and their families in Northwest Indiana and the East Chicago community.”
“I’m grateful to have worked with our federal partners to get this issue resolved,” said Commissioner Bruno Pigott of the Indiana Department of Environmental Management. “It’s my hope that, now and in the future, this settlement will improve not only the air quality in Northwest Indiana, but also the quality of life for Hoosiers living in East Chicago.”
“This settlement provides a long-term solution to protect air quality and control emissions,” said U.S. Attorney for the Northern District of Indiana Thomas L. Kirsch II. “We will continue to work with other agencies to protect Indiana families from environmental harm.”
The primary violations alleged relate to leaking coke ovens and excessive bypass venting of hot coking gases directly to the atmosphere, resulting in excess SO2, particulate matter, and lead emissions from the facility’s coke ovens and bypass vent stacks, in violation of applicable permit limits. SO2 contributes to acid rain and exacerbates respiratory illness, particularly in children and the elderly. Exposure to particulate pollution has been linked to health impacts that include decreased lung function, aggravated asthma and premature death in people with heart or lung disease. EPA has recognized that lead poisoning is the number one environmental health threat in the United States for children ages 6 and younger. In addition, coke oven emissions are a known human carcinogen. Chronic (long-term) exposure in humans can result in conjunctivitis, severe dermatitis and lesions of the respiratory system and digestive system.
The Consent Decree, lodged in the U.S. District Court for the Northern District of Indiana, is subject to a 30-day public comment period and approval by the federal court. It is available on the Justice Department website at www.usdoj.gov/enrd/Consent_Decrees.html.
IDEM has created a link on the agency’s website where the public will be able to access the documents that the companies submit to IDEM under the Consent Decree. Once the Consent Decree has become effective, documents submitted to IDEM will be uploaded to the dedicated link. The public will then be able to access the documents by going to: www.in.gov/idem/airquality/ and clicking the page entitled “Indiana Harbor Coke/Cokenergy Consent Decree.”
# # #Ivan Reyes ChargedRead the Press Release
HAMMOND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Ivan Reyes, age 30, of Calumet City, Illinois was charged by Complaint with the Murders of Lauren Calvillo and Christopher White.
According to documents in this case, Reyes was charged in a criminal complaint with two counts of murder resulting from the use and carrying of a firearm during and in relation to a drug trafficking crime. According to the criminal complaint, on June 29, 2015, Ivan Reyes as a member of the Latin Counts was involved in the shooting deaths in Hammond, Indiana, of Lauren Calvillo and Christopher White. The criminal complaint further alleges that the shooting was in furtherance of a conspiracy to distribute marijuana and cocaine by members of the Latin Counts street gang and as a result of an ongoing gang conflict between the Latin Counts and Latin Kings street gangs in Hammond, Indiana.
United States Attorney Thomas L. Kirsch II said, “The murders of Lauren Calvillo and Christopher White were heinous acts of senseless gang violence. Due to a relentless investigation conducted with our law enforcement partners, I am pleased that we are able to bring charges in this case at this time. Our investigation is ongoing and will not end until all responsible for these terrible acts are brought to justice.”
The United States Attorney's Office emphasized that a Complaint 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.
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, Thomas R. Mahoney, and Dean R. Lanter.
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Chicago Heights Man Sentenced to 276 Months ImprisonmentRead the Press Release
HAMMOND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that on January 23, 2018, Joseph Uvalle, 35, of Chicago Heights, IL, was sentenced to 276 months imprisonment followed by 3 years of supervised release following his conviction by guilty plea to conspiracy to commit racketeering activity (RICO) as a member of the Latin Kings.
According to documents in this case, as part of Uvalle’s plea agreement, he admitted responsibility for the homicide of Raudel Contreras, who was killed in Hammond, Indiana, on August 14, 2014. Uvalle was also sentenced to 120 months imprisonment on each of two counts of transportation for prostitution with the sentence to run concurrent to his 276-month sentence on the racketeering conspiracy conviction. Uvalle has been in custody since his arrest in June 2015.
United States Attorney Thomas L. Kirsch II said, “If you are a gang member committing crimes in Northwest Indiana, we are going to focus our cooperative law enforcement efforts on you and your associates.”
This case was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the FBI Gang Response Investigative Team Task Force and the ATF/HIDTA Task Force. This case was prosecuted by Assistant United States Attorneys’ David Nozick, Abizer Zanzi, and Dean Lanter.
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Munster Doctor IndictedRead the Press Release
HAMMOND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced a 4-count indictment against Jay Kaushik Joshi, age 33, of Burr Ridge, Illinois for dispensing controlled substances containing hydrocodone outside the scope of professional practice and not for legitimate medical purposes.
According to documents in this case, Joshi practiced medicine at Prestige Clinics in Munster, Indiana. Joshi is a medical doctor licensed to practice medicine in the State of Indiana and until November 21, 2017 was registered by the Drug Enforcement Administration to Prescribe Schedule II, III, IV and V controlled substances. Between September of 2017 and December 2017, the DEA and Munster Police Department obtained information on Joshi’s history of prescribing controlled substances. Indiana’s prescription monitoring program, INSPECT, was designed to serve as a tool to address the problem of prescription drug abuse and diversion of controlled substances. Investigators obtained data from INSPECT and it is alleged that since April 2017, Joshi issued over 6000 prescriptions for controlled substances. It is also alleged that Joshi ranked first in Lake County and ninth in the State of Indiana in the number of prescriptions written for controlled substances by DEA registered providers. During the time-period alleged in the indictment, Joshi dispensed controlled substances that were not prescribed for a legitimate medical purpose and outside the scope of professional practice.
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.
This case is being investigated by the Drug Enforcement Administration and the Munster, Indiana Police Department. The case is being handled by Assistant U.S. Attorney Thomas Mahoney.
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Valparaiso Man Sentenced to 60 Months ImprisonmentRead the Press Release
HAMMOND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Brian Oliver, age 41, of Valparaiso, Indiana was sentenced before U.S. District Court Judge James T. Moody. Oliver was sentenced to 60 months of imprisonment, and 2 years of supervised release.
According to documents in this case, Brian Oliver, pled guilty to possession of a stolen firearm. On July 15, 2016, the defendant knowingly possessed a stolen firearm which was a Glock 19 9mm pistol, a firearm that had been shipped in interstate commerce before being stolen.
The case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Valparaiso Police Department. This case was prosecuted by Special Assistant United States Attorney Armando Salinas.
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Hobart Man Sentenced to 447 Months ImprisonmentRead the Press Release
HAMMOND - United States Attorney Thomas L. Kirsch II announced that George J. Jonaitis III, 42, of Hobart, Indiana was sentenced before District Court Judge James T. Moody for enticement of a minor and committing a felony involving a minor as a registered sex offender.
Jonaitis was sentenced to 447 months’ imprisonment and 10 years of supervised release.
According to documents in this case, on or about January 14, 2017, Jonaitis used a social media platform to communicate with Jane Doe. He asked Jane Doe if she wanted to have sex. Jonaitis knew Jane Doe was 14-years old when he asked her whether she wanted to have sex. He also sent Jane Doe graphic pictures of himself. He was attempting to get Jane Doe to send him images of her that would constitute child pornography and was further attempting to entice Jane Doe into performing sex acts at a later date. He conducted the social media conversation with Jane Doe on January 14, 2017 while he was located in the Northern District of Indiana. On January 14, 2017, he was required to register as a sex offender based upon prior convictions. Jonaitis was previously convicted, in 1995 and 2004, of child molesting.
This case was investigated by the Federal Bureau of Investigation (FBI) and was handled by Assistant U.S. Attorney Joshua P. Kolar.
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Crown Point Man Sentenced for Identity TheftRead the Press Release
HAMMOND – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Elbert Johnson, age 40, of Crown Point, Indiana was sentenced before U.S. District Court Judge James T. Moody. Johnson was sentenced to 61 months imprisonment, 2 years supervised release, and ordered to pay $551,647 in restitution to the Internal Revenue Service and the Indiana Department of Revenue.
According to documents in this case, Elbert Johnson, pled guilty to conspiracy to commit identity theft, filing of false claims, aggravated identity theft, and filing a false tax return. The fraud scheme involved filing false federal and state tax returns utilizing the names, dates of birth, and social security numbers of inmates in various prisons across the country without their knowledge, permission, or authority.
The case was the result of an investigation by the Internal Revenue Service-Criminal Investigations, U.S. Postal Inspection Service, U.S. Secret Service, and the Social Security Administration-Office of Inspector General. This case was prosecuted by Assistant United States Attorney Toi Denise Houston.
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Former Lake County Sheriff SentencedRead the Press Release
HAMMOND – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that John Buncich, age 72, of Crown Point, Indiana was sentenced before District Court Senior Judge James T. Moody. Buncich was sentenced to 188 months imprisonment, 2 years of supervised release and ordered to pay $800 in restitution along with a $250,000 fine.
In August of 2017, following a 14-day jury trial, Buncich was convicted of all 6 counts of a superseding indictment.
According to documents in this case, John Buncich, Timothy Downs and William Szarmach were indicted in November 2016 on multiple federal charges. Buncich, then the current Lake County Sheriff, served as sheriff from 1994-2002, and was re-elected in 2010 and again in 2014. Timothy Downs, formerly the Chief in the Lake County Sheriff’s Department, was the second person in command at that Department; Downs was appointed to that position by Buncich. William Szarmach owns and operates CSA Towing in Lake Station, Indiana.
Pursuant to a Lake County ordinance, the sheriff has exclusive authority to determine who would do vehicle towing as required by the sheriff’s department. From February 2014 continuing into October 2016, Buncich devised a scheme to deprive the citizens of Lake County of their right to the honest services of the sheriff’s office. The scheme was designed to enrich Buncich personally and his campaign committee, known as Buncich Boosters. The trial evidence established that a number of checks and cash payments, often collected by Downs, from Szarmach and Scott Jurgensen were exchanged for Buncich awarding them county towing business and towing in the City of Gary for ordinance violations. Mr. Jurgenson, a former Merrillville Police Officer, is the owner of Sampson Relocation and Towing. Mr. Jurgenson provided significant assistance to the United States during the course of this investigation.
Tthe jury convicted Buncich of 5 counts of Honest Services Wire Fraud in connection with this scheme. The jury also convicted Buncich of a charged violation of the federal bribery statute in connection with corruptly soliciting, demanding, and receiving over $25,000 in cash and $7,000 in checks in exchange for favorable actions by Buncich regarding the towing contracts.
Both Szarmach and Downs, who both testified at trial, await sentencing on their guilty pleas to the following charges in the indictment: Timothy Downs entered a plea of guilty to one count of Honest Services Wire Fraud and; William Szarmach entered a plea of guilty to three counts of Honest Services Wire Fraud, Bribery and Failure to File a Tax Return.
United States Attorney Thomas L. Kirsch II states, “Today’s sentence sends a strong message that betrayal of public trust will not be tolerated. All citizens deserve public officials who act honestly and who work for the public interest and not their own interest. My Office will continue to vigorously pursue public officials who use there office as a means for illicit personal gain.”
"Today’s sentencing emphasizes that public officials who abuse their positions for personal financial gain at the expense of taxpayers will not be tolerated,” said W. Jay Abbott, Special Agent in Charge of the FBI's Indianapolis Division. "The FBI and our federal, state, and local partners will continue to aggressively pursue those across Indiana who corrupt their office for self-serving motives."
Gabriel Grchan, IRS Criminal Investigation Special Agent in Charge stated, "Taxpayers expect their elected officials to protect and improve their communities. Rather than serve his community Buncich abused his position and devised a pay-to-play towing scheme that benefited him and few others financially. We hope today’s sentence will dissuade others who hold these positions which hinge on the public’s trust from engaging in similar criminal activity.”
This case was the result of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation Division. This case was prosecuted by Assistant United States Attorneys Philip C. Benson and Maria N. Lerner.
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Terre Haute Man Charged with Hobbs Act RobberiesRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced an 8-count indictment against Rex Hammond, age 53, of Terre Haute, Indiana for 5-counts of Hobbs Act robbery, 2 counts of using a firearm during a crime of violence and 1 count of being a felon in possession of a firearm.
According to documents in this case, Hammond allegedly committed a string of robberies by holding employees of businesses, listed below, against their will by means of actual and threatened force, violence, and fear of injury, immediate or future, by brandishing a firearm on the following dates and towns located in the Northern District:
Count 1- October 6, 2017, Gas Station in Logansport, Indiana
Count 2- October 7, 2017, Gas Station in Peru, Indiana
Count 3- October 9, 2017, Gas Station in Auburn, Indiana
Count 4- October 25, 2017, Gas Station in Decatur, Indiana
Count 5- October 27, 2017, Liquor Store in Logansport, Indiana.
Hammond also is being charged in Count 6 and 7 of brandishing a firearm during a crime of violence for the robberies that occurred on October 6th and 7th. In Count 8, Hammond is being charged with being a felon in possession of a firearm.
United States Attorney Thomas L. Kirsch II said, “Federal, state and local law enforcement cooperation make these type of investigations possible.”
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.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, Logansport Police Department, Peru Police Department, Indiana State Police, Auburn Police Department, Portage Michigan Department of Public Safety, Kalamazoo Michigan Department of Public Safety, Decatur Police Department, and Marshall County Sheriff’s Office with assistance from the Cass County Prosecutor’s Office, Miami County Prosecutor’s Office, DeKalb County Prosecutor’s Office, Adams County Prosecutor’s Office, Marshall County Prosecutor’s Office, and Coldwater Michigan Police Department. The case is being handled by Assistant U.S. Attorney Molly E. Donnelly.
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South Bend Man Sentenced for Possession of Heroin and Possession of A Firearm During A Drug Trafficking CrimeRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Denzel Rakim Bridges, age 25, of South Bend, Indiana was sentenced before District Court Senior Judge Robert L. Miller, Jr. for one count of possession of heroin and one count of possession of a firearm during a drug trafficking crime.
Bridges was sentenced to 78 months imprisonment and 3 years of supervised release.
According to documents in this case, on or about May 2017 a search warrant was executed on Bridges’ address in South Bend for heroin trafficking. During the execution of the warrant officers located a loaded handgun, $3600 in currency, marijuana on a coffee table and multiple small Ziploc style “gem packs” containing a gray powdery substance which later field tested positive for heroin. Also during the search of the residence in another room of the home there was another loaded firearm found along with a digital scale and approximately 16.8 grams of a substance that later tested positive for heroin.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives Project Disarm Task Force with assistance by the St. Joseph County Drug Investigation Unit and South Bend Police Department. This case was handled by Assistant U.S. Attorney Joel Gabrielse.
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South Bend Man Sentenced for Possession of Child PornographyRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that William Westley Dill, age 25, of South Bend, Indiana was sentenced before District Court Judge Jon E. DeGuilio for one count of possession of child pornography.
Dill was sentenced to 90 months imprisonment, 10 years of supervised release and ordered to pay $45,000 in restitution.
According to documents in this case, on or about July 27, 2016, Dill had computer storage devices that in total contained over 1,500 files of visual depictions, including photographs and videos, of a minor or minors engaged in sexually explicit conduct. Multiple visual depictions involved prepubescent minors and minors who had not attained the age of 12 years. Dill also had visual depictions that involved the sexual abuse or exploitation of infants and toddlers.
This case was investigated by the Federal Bureau of Investigation and the St. Joseph County Cyber Crimes Unit with assistance from the South Bend Police Department. This case was handled by Assistant U.S. Attorney Molly E. Donnelly.
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Former Saint John, Indiana Resident ChargedRead the Press Release
HAMMOND – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Christopher Raciti, age 48, formerly of Saint John, Indiana, was charged by Information with possession of child pornography.
According to documents filed in the case, between November 7, 2015 and continuing through March 9, 2016, Raciti knowingly possessed more than 600 visual depictions of minors engaged in sexually explicit conduct on his computer. A petition to enter a plea of guilty was filed in conjunction with the Information.
The United States Attorney’s office emphasizes that an Information 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 information results from an investigation conducted by the U.S. Department of Homeland Security, Homeland Security Investigations (HSI) with the case being handled by Assistant United States Attorney Toi Denise Houston.
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Schererville Man Sentenced to 70 Months ImprisonmentRead the Press Release
HAMMOND - United States Attorney Thomas L. Kirsch II announced that Aleksandar Jokic, 43, of Schererville, Indiana was sentenced before District Court Judge Joseph S. Van Bokkelen for one count of soliciting the transportation of a person across state lines for prostitution.
Jokic was sentenced to a 70 month imprisonment term and 5 years of supervised release. The Court also imposed a $5,000 fine.
According to documents in this case, between June and October 2015, Jokic solicited a pimp to transport a 16-year-old female from Chicago, Illinois, to his home in Schererville, Indiana for the purpose of engaging in commercial sex acts with the minor female. During this time period, Jokic also solicited and received commercial sex acts at his residence on separate occasions from two other minor females, aged 15 and 16 years old.
This case was investigated by the Federal Bureau of Investigations (FBI) and United States Homeland Security Investigations (HSI) and was handled by Assistant U.S. Attorney Abizer Zanzi.
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Illinois Men IndictedRead the Press Release
HAMMOND – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Michael Cruz, age 38 of Algonquin, Illinois and Rigoberto Ortiz-Dominguez, age 32, of Joliet, Illinois were charged by Indictment with possession with intent to deliver more than one kilogram of heroin.
According to documents filed in the case, on November 16, 2017 during a Drug Enforcement Administration (DEA) investigation, Michael Cruz agreed to direct his courier to deliver multiple kilograms of heroin to a buyer. When the courier, Ortiz-Dominguez, arrived, law enforcement conducted a traffic stop and searched Ortiz-Dominguez’s car. Agents found and seized 3.6 kilograms of heroin. Cruz and Ortiz-Dominguez were arrested and have been detained pending trial.
United States Attorney Thomas L. Kirsch II said, “Cooperative partnerships between local, state and federal agencies are essential to reducing the availability of controlled substances in the Northern District of Indiana.”
The United States Attorney’s office emphasizes that an Indictment 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 indictment results from an investigation by the Lake County High Intensity Drug Trafficking Area (HIDTA) Task Force and the DEA with assistance from the Hammond Police Department and the Indiana State Police. The case is being prosecuted by Assistant United States Attorney Thomas McGrath.
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Medicaid Fraud Complaint Filed Against Former Physicians and Their Business EntitiesRead the Press Release
HAMMOND - United States Attorney Thomas L. Kirsch II and Indiana Attorney General Curtis T. Hill, Jr. announced today the filing of a civil Medicaid fraud complaint against former physicians Don J. Wagoner, age 81, of Burlington, Indiana and Marilyn L. Wagoner, age 80, of Burlington, Indiana, and their business entities, Wagoner Medical Center, L.L.C., Wagoner Medical Center, P.C., and Don J. Wagoner, M.D. and Marilyn L. Wagoner, M.D., P.C. for filing false claims.
According to documents in this case, during 2011-2013, former physician Don J. Wagoner and his wife, former physician Marilyn L. Wagoner, practiced medicine together at Wagoner Medical Center. Defendants had a routine practice of requiring patients seeking a prescription for opioid pills or other pain medicine to submit a urine sample for qualitative testing for the presence or absence of nine or more drugs or drug classes. Using a multiplexed screening kit costing defendants no more than approximately five dollars, defendants tested each single urine sample for the same patient on the same day using the simple kit. Defendants then billed Indiana Medicaid and received $171.27 per patient, even though Indiana Medicaid billing rules only allowed them to bill $20.83 per patient. Defendants concealed this fraud by falsely certifying to Indiana Medicaid that they had collected and separately analyzed nine or more urine samples from each patient, when in fact they only had collected and analyzed one urine sample. Defendants perpetrated this fraudulent scheme for over 6,400 claims, and received a total overpayment from Indiana Medicaid of over $1.1 million.
The federal False Claims Act, and the Indiana Medicaid False Claims Act, allows the federal government and the State of Indiana to recover three times the amount of the false and fraudulent claims submitted to Indiana Medicaid plus a civil penalty of $5,500 to $11,000 per false claim submitted. 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.
In 2013, defendants Don J. Wagoner and Marilyn L. Wagoner permanently surrendered their licenses to prescribe drugs and to practice medicine in connection with a state criminal investigation of their opioid-prescribing practices, which resulted in felony drug dealing convictions of Mr. Wagoner.
“Although they no longer are endangering vulnerable Medicaid patients by practicing medicine, former physicians Don Wagoner and Marilyn Wagoner cannot be allowed to retain the fruits of their fraudulent Medicaid claims,” said United States Attorney Thomas L. Kirsch II. My Office will continue to make it a priority to pursue investigations and cases to recover funds that were fraudulently received from the Medicare and Medicaid programs.”
The Justice Department’s Commercial Litigation Branch have given a high priority to civil prosecution of health care fraud, including Medicare and Medicaid fraud.
“Working to recover taxpayer funds taken through fraud and other illegal means is part of our responsibility as stewards of the public trust,” said Indiana Attorney General Curtis T. Hill, Jr. “We appreciate the collaboration of our federal partners in this particular case, and we intend to remain vigilant going forward to make sure monies set aside to help society’s most vulnerable members are truly used for that purpose.”
The United States Attorney’s office emphasizes that a Complaint is merely an allegation and that the United States and Indiana are required to prove their allegations before defendants can be found liable.
This suit was filed as the result of an investigation by the United States Attorney’s Office for the Northern District of Indiana and the Indiana Medicaid Fraud Control Unit. Assistant United States Attorney Wayne T. Ault will be the United States’ lead counsel in this civil litigation. Lead counsel for co-plaintiff, the State of Indiana, is Supervising Deputy Attorney General Steven A. Hunt.
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Fort Wayne Man Charged with Bank RobberyRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Danurell M. Blair, age 39, of Fort Wayne, Indiana was charged by way of complaint with bank robbery.
According to documents in this case, the complaint alleges that on December 16, 2017 Blair entered a bank in Kendallville, Indiana, demanded money from the bank teller. The teller provided money from the top drawers of two teller stations and Blair stuffed it into bags he brought with him. At approximately 10:01am, a law enforcement officer observed Blair exiting the bank walking fast. The law enforcement unit also observed Blair driving evasively through area business parking lots. The unit attempted to stop Blair, however he fled creating a high speed chase. The police were able to stop the vehicle and take Blair into custody.
“My Office is committed to working with our state, local and federal law enforcement partners to reduce bank robberies on the streets of Northern Indiana,” U.S. Attorney Thomas Kirsch II said in a statement.
"The FBI's Fort Wayne office worked hand in hand with our state and local law enforcement partners and the United States Attorney’s Office to bring this investigation to a successful conclusion," said W. Jay Abbott, Special Agent in Charge of the FBI's Indianapolis Division. "Working together we are able to get violent offenders off of the streets and make our communities a safer place for all."
The United States Attorney's Office emphasized that a Complaint 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.
This case is being investigated by the Federal Bureau of Investigation with the assistance of the: Allen County Sheriff’s Department; Auburn Police Department; Churubusco Police Department; Fort Wayne Police Department; Kendallville Police Department; Indiana State Police; and Whitley County Sheriff’s Department. The case is being handled by Assistant U.S. Attorney Lesley Miller Lowery.
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Fort Wayne Man Sentenced to 74 MonthsRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that, Patrick Davis , 30 of Fort Wayne, Indiana, was sentenced by Chief District Court Judge Theresa L. Springmann, for Sex Trafficking of Children.
Davis was sentenced to 74 months imprisonment followed by 2 years of supervised release.
According to Court filings, between January, 2016 and March, 2016, Davis engaged a minor female in online conversation. Over a period of time, Davis convinced the minor female to run away from home with him. It was Davis’ intention to have the minor female engage in prostitution to make money for Davis.
This case was investigated by the Federal Bureau of Investigation and the Fort Wayne Police Department. The case was handled by Assistant United States Attorney Lesley J. Miller Lowery.
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Oseceola Man Sentenced to 102 Months ImprisonmentRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Jason Arthur Keltz, age 36, of Osceola, Indiana, was sentenced before South Bend District Court Judge Robert L. Miller, Jr. for being a felon in possession of a firearm.
Keltz was sentenced to 102 months imprisonment followed by two (2) years of supervised release.
According to documents in this case, on March 20, 2017, the St. Joseph County Police initiated a traffic stop on a vehicle driven by Keltz. Keltz exited the vehicle and ran from the officer. During the foot pursuit, Keltz pointed a firearm at the officer. Keltz continued to run away from the officer but was ultimately detained, at which time it was discovered that Keltz was wearing a bulletproof vest. Keltz has multiple prior felony convictions.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Joseph County Police Department, with assistance from the South Bend Police Department. The case was handled by Assistant U.S. Attorney Molly E. Donnelly.
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Gary Man Convicted During 3-Day Jury TrialRead the Press Release
HAMMOND – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Artez Brewer, age 30, of Gary, Indiana was convicted of 3 counts of bank robbery, after a three-day jury trial before District Court Senior Judge Joseph S. Van Bokkelen.
According to evidence presented in this case, April 28, 2016 Brewer and his accomplice robbed Centier Bank in Griffith, Indiana. On May 6, 2016, Brewer and his accomplice robbed Main Source Bank in Crown Point, Indiana and on May 27, 2017 Brewer and his accomplice robbed Horizon Bank in Whiting, Indiana.
This case was the result of an investigation by the Federal Bureau of Investigation with the assistance of the Crown Point, Hammond and Whiting Police Departments. This case was prosecuted by Assistant United States Attorneys Jennifer Chang and Thomas McGrath.
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Merrillville Woman Convicted During 2-Day Jury TrialRead the Press Release
HAMMOND – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Anastacia Vann Maclin, age 46, of Merrillville, Indiana was convicted of embezzlement and theft from the Indiana Medicaid program, after a two-day jury trial before District Court Judge Philip P. Simon.
According to evidence presented in this case, Maclin was hired in January 2015 by a local physician in East Chicago, Indiana to function as the physician’s office manager and biller.
Beginning in April 2015 and continuing through July 2016 Maclin diverted more than $30,000 of Indiana Medicaid payments designated for her employer to a bank account that only she knew about and controlled. Maclin also applied for, received and diverted a 2015 bonus payment of more than $20,000 Indiana Medicaid was paying physicians for using electronic medical records by falsely representing the claim was being submitted by and for her employer.
This case was the result of an investigation by the Federal Bureau of Investigation and the Indiana Attorney General’s Medicaid Fraud Control Unit. This case was prosecuted by Assistant United States Attorneys Diane Berkowitz and Jacky Jacobs.
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Lafayette Man Convicted During 2-Day Jury TrialRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Edward Bishop, age 26, of Lafayette, Indiana was convicted of using and discharging a firearm during and in relation to a drug trafficking crime, after a two-day jury trial before District Court Judge Robert L. Miller, Jr.
According to documents filed in this case, in June of 2017, Bishop was indicted for using and discharging a firearm during and in relation to a drug trafficking crime. According to trial evidence, Bishop went to sell a small amount of marijuana in a parking lot in Warsaw, Indiana. During that transaction, Bishop ended up shooting at and wounding the drug buyer in the left arm.
This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the South Bend and Warsaw Police Departments. This case was prosecuted by Assistant United States Attorney Joel Gabrielse.
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Schererville Man SentencedRead the Press Release
HAMMOND –United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Hulian Terrell III, age 34, of Schererville, IN, was sentenced before Hammond Senior Judge James T. Moody for filing false claims and identity theft.
Terrell was sentenced to 27 months followed by 2 years of supervised release. Terrell was also ordered to pay restitution in the amount of $551,647.
According to documents in this case, the defendant pleaded guilty to filing fraudulent federal and state tax returns utilizing the names, dates of birth, and social security numbers of incarcerated individuals without their knowledge, authority, or permission. Terrell obtained the personal identifying information of these individuals by accessing various websites including Department of Corrections’ websites. The fraudulent refunds were received through the United States Mail and electronically. These fraudulent filings led to fraudulent federal and state refunds being issued in the names of these individuals, but received by the defendant.
This case was investigated by the Internal Revenue Service, Criminal Investigations Division, the United States Postal Inspection Service, the United States Secret Service, and the Social Security Administration, Office of Inspector General. The case was handled by Assistant U.S. Attorney Toi Denise Houston.
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Michigan Man SentencedRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Rashawn Moffitt, age 31, of Niles, Michigan, was sentenced before South Bend District Court Judge Robert L. Miller, Jr. for possessing a firearm by a convicted felon.
Moffitt was sentenced to 54 months imprisonment followed by two (2) years of supervised release.
According to documents in this case, On May 8, 2017, South Bend Police encountered Rashawn Moffitt in a parking lot as he got out of the driver’s seat of a car. On the driver’s floorboard of that car was a loaded handgun with an extended magazine.
This case was investigated by the Bureau of Alcohol, Tobacco and Firearms and the South Bend Police Department. The case was handled by Assistant U.S. Attorney Joel Gabrielse.
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Merrillville Man SentencedRead the Press Release
HAMMOND –United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Javon Kennedy, 43, of Merrillville, Indiana, was sentenced on December 7, 2017 by District Court Senior Judge James T. Moody for possession with intent to distribute a controlled substance.
Kennedy was sentenced to 41 months imprisonment followed by 2 years of supervised release.
According to documents filed in this case, on January 24, 2017, defendant was stopped for speeding in Hobart, Indiana. As the officer approached defendant’s car he noticed defendant’s breathing was heavy and his hands were shaking. Defendant retrieved his driver’s license, registration and insurance from the glove box. The officer noticed a white powdery residue near the center cup holder and asked defendant and his passenger if there was anything illegal in the car. Kennedy pointed to his female passenger stating “She has it." Officers recovered 25 grams of cocaine from defendant and the passenger.
This case was investigated by the Federal Bureau of Investigation GRIT in cooperation with the Hobart Police Department. This case was prosecuted by Assistant United States Attorney Thomas Mahoney.
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Hammond Man SentencedRead the Press Release
HAMMOND –United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Lloyd Bruce, 43, of Hammond, IN, was sentenced on December 7, 2017 by District Court Judge James T. Moody for conspiracy to distribute cocaine and crack cocaine along with possession of a firearm in furtherance of a drug trafficking crime.
Bruce was sentenced to 168 months imprisonment and 3 years of supervised release.
According to Court filings, in April of 2015, Bruce was arrested and charged by the State of Indiana for possession with the intent to deliver cocaine and for carrying a firearm without a license. While on bond for his 2015 offense, Bruce purchased a building in East Chicago with the stated purpose of turning it into a “social club”. In the fall of 2016, the DEA linked Bruce to a drug trafficking organization operating out of East Chicago and learned that Bruce was utilizing the “social club” to sell crack cocaine procured from another member of the drug trafficking organization. The DEA intercepted phone calls between Bruce and one of his co-conspirators where they utilized code language to discuss Bruce’s distribution of crack cocaine at the “social club.” With the help of a confidential informant, the DEA also conducted two controlled buys of crack cocaine directly with Bruce at the “social club”.
This case was investigated by the Drug Enforcement Administration in cooperation with the East Chicago Police Department, Hammond Police Department and the Lake County Prosecutors Office. This case was prosecuted by Assistant United States Attorney Thomas McGrath.
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East Chicago Man SentencedRead the Press Release
HAMMOND –United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Jeffery Sims, 58, of East Chicago, IN, was sentenced on December 5, 2017 by District Court Judge James T. Moody for possession with intent to distribute crack and possession of a firearm in furtherance of a drug trafficking crime.
Sims was sentenced to 106 months imprisonment which consisted of consecutive sentences of 46 months for Possession with intent to distribute crack cocaine and 60 months for the possession of a firearm in furtherance of a drug trafficking crime. Sims was also sentenced to 2 years of supervised release.
According to documents filed in this case, the DEA intercepted texts and calls between Sims and his supplier during an investigation into a drug trafficking organization operating out of East Chicago. Utilizing code language, Sims would order crack cocaine from his supplier on a regular basis for delivery to customers on behalf of the drug trafficking organization. Law enforcement approached Sims after one of the communications with his supplier and arrested him after finding him in possession of crack cocaine and a firearm.
This case was investigated by the Drug Enforcement Administration in cooperation with the East Chicago Police Department. This case was prosecuted by Assistant United States Attorney Thomas McGrath.
Former Attorney Sentenced for Mail FraudRead the Press Release
HAMMOND –United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Robert E. Stochel, age 64, of Crown Point, Indiana was sentenced before District Court Senior Judge James T. Moody for mail fraud.
Stochel was sentenced to 24 months imprisonment and ordered to pay restitution in the amount of $229,091.97.
According to documents filed in this case, Stochel, a local attorney, and former Tip Top Supermarket receiver was convicted on a charge of mail fraud relating to a scheme he operated from 2001 to June 2012 against the Tip Top Receivership estate. In his capacity as receiver, Stochel stole hundreds of thousands of dollars from the receivership and then attempted to hide that theft from not only the court that appointed him receiver but also from the receivership’s beneficiaries. Stochel was convicted after a 3-day jury trial in May of 2017.
“Attorneys are entrusted with a great deal of power and authority to act on behalf of and in the best interests of their clients,” said US Attorney Kirsch. “Those who do not, but instead engage in criminal conduct, will be prosecuted to the fullest extent of the law.”
This case was the result of an investigation by the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorneys Diane Berkowitz, Alexandra McTague and Maria Lerner.
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South Bend Man SentencedRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Tyrone Miller, age 31, of South Bend, Indiana, was sentenced before South Bend District Court Judge Robert L. Miller, Jr. for possessing a firearm by a convicted felon.
Miller was sentenced to eighty-seven (87) months imprisonment followed by two (2) years of supervised release.
According to documents in this case, a jury convicted Miller of felon in possession of a firearm on July 18, 2017. During the early morning hours of February 11, 2017, two police officers were dispatched to the scene of a car crashed into a pole at an intersection in South Bend. Mr. Miller was in the driver’s seat, alone and apparently uninjured. At the accident scene, one of the police officers began a pat-down. Midway during the pat-down—and before the officer was able to pat down the front waist of Mr. Miller—Mr. Miller struggled and tried to pull away from the officer. With the help of the second officer, Mr. Miller was immobilized and placed in the back of a patrol vehicle, without his pat-down having been completed. Mr. Miller was then brought to the St. Joseph County Jail for booking. At the jail, when the officers opened the back door of the patrol vehicle in order to get Mr. Miller out of the vehicle, the officers found a handgun on the floor of the vehicle where Mr. Miller’s feet had been.
This case was investigated by the Bureau of Alcohol, Tobacco and Firearms and the South Bend Police Department. The case was handled by Assistant U.S. Attorney Luke Reilander.
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Illinois Man Sentenced to 46 MonthsRead the Press Release
HAMMOND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Arthur Lee Smith Jr., age 60, of Chicago, Illinois, was sentenced before Hammond Senior District Court Judge James T. Moody for filing false claims.
Smith was sentenced to forty-six (46) months imprisonment followed by two (2) years of supervised release. Smith will also have to pay restitution in the amount of $313,871.
According to documents in this case, the defendant pleaded guilty to filing fraudulent tax returns with the Internal Revenue Service on behalf of individuals who paid him to file their returns. Smith held himself out as a tax preparer, using the names “King Solomon” and “Buddy” in his capacity as a tax preparer. When preparing tax returns for clients, Smith sometimes fraudulently reported an overinflated salary and federal income tax withheld for his clients, and other times fraudulently reported unearned wages, unpaid federal income tax withheld, and/or false dependents. These fraudulent filings led to fraudulent refunds being issued to Smith’s clients.
This case was investigated by the Internal Revenue Service, Criminal Investigative Division. The case was handled by Assistant U.S. Attorney Maria Lerner.
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Fort Wayne Man Sentenced to 57 MonthsRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that, Jermaine Underwood, 42, of Fort Wayne, Indiana, was sentenced by District Court Judge Robert L. Miller Jr., for possession with intent to distribute heroin.
Underwood was sentenced to 57 months and 3 years of supervised release.
According to Court filings, on December 9, 2016, Underwood possessed a package that had been sent through the United States Mail that contained approximately 96 grams of heroin.
This case was investigated by the United States Postal Inspection Service, with the assistance of the Drug Enforcement Administration, 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 Stacey R. Speith.
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Chicago Man Sentenced to 60 MonthsRead the Press Release
HAMMOND – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Tido Kirby, 37, of Chicago, Illinois, was sentenced by District Court Judge Joseph Van Bokkelen for distribution of heroin.
Kirby was sentenced to 60 months imprisonment and 3 years of supervised release.
According to Court filings, on November 29, 2016 Kirby sold 4 bags of heroin for $200 to an undercover police officer. The defendant fled from police and dropped several more bags of heroin which were recovered. Kirby admitted, before his arrest he purchased 25 grams of heroin for $75 per gram each day from another individual. Kirby also admitted he sold heroin to approximately 9-10 ten regular customers.
This case was investigated by the Drug Enforcement Administration. This case was handled by Assistant United States Attorney Thomas R. Mahoney.
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Rolling Prairie Man SentencedRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Nathan Kellogg, age 34, of Rolling Prairie, Indiana, was sentenced before South Bend District Court Judge Jon E. DeGuilio for several robberies in St. Joseph and LaPorte Counties in Indiana.
Kellogg was sentenced to eighty-five (85) months imprisonment followed by one (1) year of supervised release.
According to documents in this case, Kellogg drove the car when another individual committed several armed robberies. He drove the robber to the Admiral gas station and a Dollar General store, both in St. Joseph County on January 12, 2017. He also drove when the other individual robbed the Blacksmith Shop restaurant in LaPorte County and Jet’s Pizza in Mishawaka, Indiana, both on January 14, 2017.
This case was investigated by the Federal Bureau of Investigation with the assistance of South Bend Police Department, St. Joseph County Police Department, Mishawaka Police Department, and the LaPorte County Sheriff’s Department. The case was handled by Assistant U.S. Attorney Joel Gabrielse.
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Michigan City Man SentencedRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Daniel Mallet, age 32, of Michigan City, Indiana, was sentenced before South Bend District Court Judge Jon E. DeGuilio for distributing heroin.
Mallet was sentenced to 120 months imprisonment followed by three years of supervised release.
According to documents in this case, on May 5, 2016, Mallet distributed heroin to an individual who was working with law enforcement.
This case was investigated by the Drug Enforcement Administration and handled by Assistant U.S. Attorney Frank E. Schafer.
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Justice Department Awards $98 Million to Hire Community Policing OfficersRead the Press Release
Attorney General Jeff Sessions yesterday announced $98,495,397 in grant funding through the Department of Justice’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The Attorney General announced funding awards to 179 law enforcement agencies across the nation, which allows those agencies to hire 802 additional full-time law enforcement officers.
“Cities and states that cooperate with federal law enforcement make all of us safer by helping remove dangerous criminals from our communities,” said Attorney General Jeff Sessions. “Today, the Justice Department announced that 80 percent of this year’s COPS Hiring Program grantees have agreed to cooperate with federal immigration authorities in their detention facilities. I applaud their commitment to the rule of law and to ending violent crime, including violent crime stemming from illegal immigration. I continue to encourage every jurisdiction in America to collaborate with federal law enforcement and help us make this country safer.”
CHP provides grant funding directly to state, local, and tribal law enforcement agencies to support hiring additional law enforcement officers for three years to address specific crime problems through community policing strategies.
In September, the Justice Department announced additional priority consideration criteria for FY2017 COPS Office grants. Applicants were notified that their application would receive additional points in the application scoring process by certifying their willingness to cooperate with federal immigration authorities within their detention facilities. Cooperation may include providing access to detention facilities for an interview of aliens in the jurisdiction’s custody and providing advance notice of an alien’s release from custody upon request. 143 of the 179 (80%) awarded agencies received additional points based on their certifications of willingness to cooperate with federal immigration authorities.
The complete list of award recipients can be found here.
U.S. Attorney Kirsch said, “We are pleased that the Northern Indiana Police Departments of Fort Wayne and Lafayette received funding to hire more officers. We have always and will continue to focus on cooperation between federal, state and local law enforcement in our fight against crime.”
The COPS Office awards grants to hire community policing officers, develop and test innovative policing strategies, and provide training and technical assistance to community members, local government leaders, and all levels of law enforcement. Since 1994, the COPS Office has invested more than $14 billion to help advance community policing.
Illinois Man Sentenced to 61 MonthsRead the Press Release
HAMMOND – The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Gary Smith, 28, of Robbins, Illinois, was sentenced by District Court Judge Joseph Van Bokkelen for using counterfeit access devices, illegal possession of device making equipment and aggravated identity theft.
Smith was sentenced to 61 mos imprisonment and 2 years supervised release to be served consecutively to the sentence he is currently serving in Illinois. Smith was also ordered to pay restitution in the amount of $7,346.
According to Court filings, beginning in August 2014 Smith knowingly and with the intent to defraud used counterfeit access devices, stolen credit card numbers issued to other persons. He used these numbers without lawful authority in relation to a felony crime of wire fraud. Smith also possessed device-making equipment.
This case was investigated by the United States Secret Service. This case was handled by Assistant United State Attorney Philip C. Benson.
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Fort Wayne Man Sentenced to 324 MonthsRead the Press Release
FORT WAYNE – United States Attorney for the Northern District of Indiana, Thomas L. Kirsch, II, announces that, Eduardo Martinez, age 32 of Fort Wayne, IN was sentenced, before United States District Court Chief Judge Theresa Springmann after pleading guilty to possessing with intent to distribute more than a kilogram of heroin, distributing more than 50 grams of methamphetamine, and possessing a firearm as an illegal alien.
Martinez was sentenced to a total of 324 months of imprisonment and was ordered to serve a total of 5 years of supervised release.
According to documents in this case, Martinez distributed methamphetamine, cocaine, and marijuana from July of 2013 through December of 2014. The investigation utilized wiretaps of Martinez's telephones, and the wiretaps revealed that in November and December of 2014, Martinez coordinated an incoming shipment of multiple kilograms of heroin. The investigation concluded with the seizure of the entire heroin shipment, not all of which was delivered to Martinez, and the arrests of Martinez and six other co-defendants.This case was investigated by the Drug Enforcement Administration, the Fort Wayne Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant United States Attorney Anthony W. Geller.
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