Northern District of Indiana
Press releases recorded for this federal judicial district.
Mohamed Fadiga Found Guilty After Two-Day Jury TrialRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David A. Capp, announced that Mohamed L. Fadiga, 42, of Indianapolis, Indiana, was found guilty, after a two- day jury trial, of possession of 15 or more counterfeit or unauthorized debit gift cards.
The defendant will be sentenced in September and is currently on bond.
This case was prosecuted as a result of an investigation by the U.S. Department of Homeland Security, Homeland Security Investigations. This case was prosecuted by Assistant United States Attorneys Toi Denise Houston and Maria N. Lerner.
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Fort Wayne Man Sentenced to 77 Months’ ImprisonmentRead the Press Release
FORT WAYNE – United States Attorney for the Northern District of Indiana, David Capp, announced that Corey Stewart Eaves, 35, of Fort Wayne, Indiana, was sentenced before District Court Judge Theresa L. Springmann for being a felon in possession of a firearm.
Eaves was sentenced to 77 months imprisonment and 1 year supervised release.
According to documents filed in the case, on July 12, 2015, the Fort Wayne Police Department was called to a home in Fort Wayne for a domestic disturbance. During the investigation, the police found multiple firearms and ammunition that was in the possession of Eaves. Due to Eaves prior felony criminal convictions, the Fort Wayne Police Department turned the case over to the Bureau of Alcohol, Tobacco, Firearms and Explosives for a federal charge of being a felon in possession.
This investigation was conducted by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Fort Wayne Police Department. This case was prosecuted by Assistant United States Attorney Lovita Morris-King.
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Ericka Simmons Sentenced to 108 MonthsRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Ericka Simmons, 28, of Hammond, Indiana was sentenced before Judge Jon E. DeGuilio, for conspiracy to distribute Heroin.
Simmons was sentenced to 108 months’ imprisonment and 4 years of supervised release. Simmons was found guilty by a jury on February 5, 2016 at the end of a five day jury trial.
According to documents filed in this case, from 2009 up to and including October 2014, Antwon Willis knowingly and intentionally combined, conspired, confederated and agreed with other persons, including Ms. Simmons, to distribute over 100 grams of heroin in the Northern District of Indiana and elsewhere.
This case was prosecuted as a result of an investigation by the U.S. Drug Enforcement Administration with the assistance of Michigan City and Portage, Indiana Police Departments. This case was prosecuted by Assistant United States Attorney Frank E. Schaffer.
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Kentucky Man Ordered to Pay over $80K for Timber TheftRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Cheyenne Allen, 40, of Salyersville, Kentucky was sentenced before Judge Jon E. DeGuilio, for mail fraud.
Allen was sentenced to 10 months imprisonment, 1 year of supervised release and ordered to pay 80,192.83 in restitution.
According to documents filed in this case, Allen conducted a scheme to steal valuable walnut trees from the land of an absentee landowner. After Allen’s timber-buying license was suspended by the State of Indiana, he began negotiating with a landowner to buy land in Cass County, Indiana. Before Allen had purchased the land, he had a stand of valuable walnut trees logged from the land and sold it for over $80,000. The landowner had no knowledge that Allen had cleared the land.
This case was prosecuted as a result of an investigation by the U.S. Fish and Wildlife Service with assistance from the Indiana Department of Natural Resources. This case was prosecuted by Assistant United States Attorney Jesse M. Barrett.
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Illinois Man Sentenced to 235 MonthsRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Antwon Willis, 46, of Richton Park, Illinois was sentenced before Judge Jon E. DeGuilio, for conspiracy to distribute Heroin.
On May 26, 2016, Willis was sentenced to 235 months imprisonment and 4 years of supervised release following a five day jury trial that concluded with guilty verdicts on February 5, 2016.
According to documents filed in this case, from 2009 up to and including October 2014, Willis knowingly and intentionally combined, conspired, confederated and agreed with other persons to distribute over 100 grams of heroin in the Northern District of Indiana and elsewhere. Willis, who lived near Chicago, mainly used intermediaries to distribute heroin in LaPorte County, Indiana as well as Hammond, Indiana and Eastern Illinois. At the sentencing hearing held on May 26, 2016, the judge found that Willis was responsible for distributing at least 18 kilograms of heroin. The conspiracy involved locations in Iowa, Illinois, Minnesota, Michigan and Indiana.
United States Attorney Capp said, “Our federal, state and local partners work closely together with my Office to locate the distributors of this highly addictive, dangerous drug and prosecute them. Even if someone lives in another community, or even another state, when heroin is sold in Indiana we will pursue the people who are responsible. We will continue to devote resources through prosecution and community training to curb this epidemic.”
"Heroin traffickers ruin lives, families and communities, by causing overdose deaths and spikes in violence. The DEA along with its local partners are committed to stopping anyone who exploits addiction and make our neighborhoods less safe. The success of this investigation is a direct reflection of the collaborative efforts of DEA and the Michigan City Police Department", said Assistant Special Agent in Charge Greg Westfall of DEA's Indianapolis District Office.
This case was prosecuted as a result of an investigation by the U.S. Drug Enforcement Administration with the assistance of Michigan City and Portage, Indiana Police Departments. This case was prosecuted by Assistant United States Attorney Frank E. Schaffer.
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Valparaiso Man Sentenced to 30 YearsRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David A. Capp, announced that Zachary Berkshire, 32, of Valparaiso, Indiana was sentenced before District Court Judge Rudy Lozano for one count of enticement of a minor child and two counts of production of child pornography.
Berkshire was sentenced to 30 years imprisonment and Supervised Release for life. He is also required to register as a sex offender upon his release from prison.
According to documents filed in this case, between June 2014 continuing through August 2014, Berkshire used a computer connected to the Internet and a cell phone to contact a minor between the ages of 12 and 15 years old. Berkshire persuaded the victim to meet him at a park in Northwest Indiana for the purpose of engaging in sexual activity. Despite knowing the victim was under the age 15 and after he had sex with her in the park, Berkshire continued to maintain contact with her online and via text message. Between January 12, 2015 and January 14, 2015, Berkshire sent text messages to the victim requesting close up pictures of her private parts which he received. During the investigation, a second victim was found to be targeted on August 12, 2013, when Berkshire recorded her with a hidden camera in a bathroom of his house without her knowledge for the express purpose of obtaining sexually explicit footage. Berkshire sent this information via his personal email address to another individual.
This case was the result of an investigation by the Federal Bureau of Investigation and the Indiana State Police. This case was handled by Assistant United States Attorney Toi Denise Houston.
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Tremaine Barnett Sentenced for Distribution of HeroinRead the Press Release
FORT WAYNE – United States Attorney for the Northern District of Indiana, David Capp, announced that Tremaine J. Barnett, 32, of Fort Wayne, Indiana, was sentenced before District Court Judge Theresa L. Springmann for possession with intent to distribute Heroin.
Barnett was sentenced to 92 months imprisonment and 4 years supervised release.
According to documents filed in the case, on or about April 29, 2015, Barnett knowingly and intentionally possessed with intent to distribute more than 100 grams of Heroin.
This investigation was conducted by the United States Drug Enforcement Administration. This case was prosecuted by Assistant United States Attorney Anthony W. Geller.
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Lawrence Lusk Sentenced for Being A Felon in Possession of A FirearmRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Lawrence Lusk, 30, of South Bend, Indiana was sentenced before Judge Jon E. DeGuilio, for being a felon in possession of a firearm.
Lusk was sentenced to 34 months imprisonment and 1 year of supervised release.
According to documents filed in this case, on September 2, 2015, Lusk was arrested for domestic violence and was searched incident to arrest. During the search officers located a purple bag in his waist that contained marijuana, cocaine and heroin. Officers also located a .45 caliber firearm in the vehicle where Lusk was seated. During an interview Lusk admitted to possessing the firearm. Lusk has multiple prior convictions which classified him as a felon.
This case was prosecuted as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the South Bend Police Department. This case was prosecuted by Assistant United States Attorney Jesse M. Barrett.
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Man Sentenced for Aggravated Identity TheftRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Cedric C. Shaw, 35, of South Holland, Illinois, was sentenced before District Court Senior Judge James T. Moody for aggravated identity theft; using counterfeit credit cards; illegal possession of device-making equipment; and committing an offense while on release.
Shaw was sentenced to 65 months’ imprisonment, 2 years of supervised release and ordered to pay $56,434.11 in restitution.
According to documents filed in this case, between April 2014 and June 2014, Shaw worked with two other co-defendants to commit credit card fraud. He purchased stolen credit card numbers from the Internet. The stolen credit card numbers were embossed on other credit cards. The defendant also placed his name and the other co-defendants’ names on the cards. They used the cards to purchase gift cards at major retailers in Indiana and Illinois. The gift cards were subsequently used to purchase items or services. Shaw was arrested and charged with credit card fraud and released on bond. While on bond, Shaw purchased 61 additional stolen credit card numbers in August 2014. He continued to make purchases with the stolen numbers in Michigan and Indiana. He was arrested a second time, and his bond was revoked.
This case was the result of an investigation by the United States Secret Service. This case was handled by Assistant United States Attorney Gary T. Bell.
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St. John Man Indicted for Theft of Social Security MoniesRead the Press Release
HAMMOND- United States Attorney David A. Capp announced today that a federal grand jury in Hammond returned a two-count indictment charging a Jerald W. Markward, 62, of Saint John, Indiana with one count of theft of federal money and one count of social security fraud for allegedly applying for and receiving Social Security Disability Insurance Benefits (“SSDIB”) payments despite not being eligible to receive those payments.
The indictment alleges that from about June 2011 to about May 2015, Markward stole $107,291 in SSDIB payments which he was not eligible to receive because he was simultaneously performing outside work in heating, cooling, and refrigeration, and failing to report that additional income as he was required to do.
The case is being investigated by the Social Security Administration and prosecuted by Assistant U.S. Attorney Maria N. Lerner.
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.
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Mark D. Speer Sentenced for Possession of Child PornographyRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Mark D. Speer, 45, of Lafayette, Indiana, was sentenced before District Court Judge Joseph S. Van Bokkelen for possession of child pornography.
Speer was sentenced to 235 months’ imprisonment and 3 years of supervised release.
In September 2013, while helping babysit a child near Lafayette, Indiana, Speer persuaded a three year old to remove her clothes. He then used his cell phone to visually record the child while making sexually explicit remarks. Speer also used his email account and cell phone to download more than 100 child pornography photos from the Internet.
This case was the result of an investigation by the Federal Bureau of Investigation. This case was handled by Assistant United States Attorney Gary T. Bell.
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National Park Service Recognizes Two United States Attorney’s Office EmployeesRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Assistant United States Attorney Wayne Ault and Senior Civil Investigator Paul Drapac were recognized by the National Park Service, Indiana Dunes National Lakeshore for their outstanding work in a civil case to recover damages to park property.
According to Park Superintendent Paul Labovitz; “On March 10, 2012, an Indiana Harbor Belt train passing through the western portions of Indiana Dunes National Lakeshore started a series of wildfires. As the fires raced through the park, they injured or destroyed a variety of park resources, including habitat for the Karner Blue Butterfly, a federally endangered species. These dangerous fires not only devastated natural and man-made resources, but they also jeopardized the safety of park visitors and local residents. At one point during the emergency, fires threatened several homes resulting in the partial evacuation of the Town of Ogden Dunes.”
According to documents in the case, on February 1, 2016 the Indiana Harbor Belt Railroad Company entered a stipulation and agreed judgment for the damages caused to the Indiana Dunes National Lakeshore. After the Court entered judgment, the company paid $72,500 for the damage it caused to the Indiana Dunes National Lakeshore.
This case was the result of an investigation by the National Park Service. This case was handled by Assistant United States Attorney Wayne Ault and Senior Civil Investigator Paul Drapac.
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Latin King Nicholas Baez Charged with Murder During Narcotics ConspiracyRead the Press Release
HAMMOND- United States Attorney David A. Capp announced today that a criminal complaint was filed against Nicholas Baez, a/k/a “Cali”, 22, of Hammond, Indiana for causing the death of another through the use of a firearm in connection with a narcotics conspiracy.
According to documents filed in the case, Baez is an alleged to be a member of the Latin Kings who fired 5 rounds into Estrella’s bar, killing one of the patrons. It is alleged that the shooting occurred in response to rival gang members previously being seen in the bar and to prevent rival gangs from encroaching on Latin Kings territory.
This complaint is part of the ongoing efforts to curb the activities of violent street gangs in the Northern District of Indiana.
This case is the result of the investigative efforts of the Federal Bureau of Investigation’s Gang Response Investigative Team, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the East Chicago 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 case is being prosecuted by Assistant United States Attorneys David Nozick and Dean Lanter.
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.
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Daniel E. Lurye Sentenced for Distribution of MethamphetamineRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, David Capp, announces that on April 21, 2016, Daniel E. Lurye, 39, of Phoenix, AZ was sentenced to 140 months imprisonment and 5 years supervised release following his plea of guilty to distribution of methamphetamine.
According to documents filed in the case, on or about April 4, 2014, Lurye knowingly and intentionally distributed more than 50 grams of methamphetamine.
This investigation was conducted by the United States Drug Enforcement Administration and United States Postal Inspection Service along with the assistance of the Indiana State Police, LaGrange County Sheriff’s Department and Kendallville Police Department. This case was prosecuted by Assistant United States Attorney Lovita Morris-King.
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James Hunley Indicted for Hobbs Act RobberyRead the Press Release
HAMMOND- United States Attorney David Capp announced today that an Indictment was filed charging James Hunley, 50, with four counts of Hobbs Act Robbery.
On the dates below, Hunley allegedly entered and robbed the following locations in the Northern District of Indiana:
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March 7, 2016-Dollar General, 21 N. Main Street, Crown Point, Indiana
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March 11, 2016- Dollar General, 2015 N. Michigan Street, Plymouth, Indiana
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March 13, 2016- Dollar General, 611 E. Talmer Avenue, North Judson, Indiana
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March 14, 2016- Walgreens, 13242 Wicker Avenue, Cedar Lake, Indiana
United States Attorney Capp said, “these violent acts will not be tolerated in our community. As stated at the last press conference, my Office and our state, local and federal law enforcement partners will continue to utilize all of our resources to apprehend and prosecute these perpetrators.”
Hunley was taken into custody on March 17, 2016 east of Tulsa, Oklahoma, pursuant to federal criminal complaint warrant. Hunley is in the custody of the United States Marshal’s Service and is being transported back to the Northern District of Indiana. The United States Attorney’s Office will seek pre-trial detention.
This case was investigated by the Federal Bureau of Investigation with assistance from the Lake, Marshall and Starke County Prosecutors’ Offices and the Cedar Lake, Crown Point, North Judson and Plymouth Police Departments. The case is being prosecuted by Assistant United States Attorney Jennifer Chang.
Anyone with any knowledge of James Hunley or his associates is urged to call the FBI at 219-769-3719 or 317-595-4000. All phone calls will be treated confidentially.
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.
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Justice Department Obtains $130,000 Settlement in Lawsuit Against Indiana Mobile Home Park for Discriminating Against Families with ChildrenRead the Press Release
WASHINGTON – The Justice Department announced that the corporate owner and agent of Gentle Manor Estates have agreed to pay $130,000 to settle a Justice Department lawsuit alleging familial status discrimination. The settlement must still be approved by the U.S. District Court for the Northern District of Indiana.
The lawsuit, filed in May 2015, alleged that Gentle Manor Estates LLC and John Townsend violated the Fair Housing Act by maintaining and enforcing a discriminatory policy of refusing to allow families with children to live at Gentle Manor Estates, a 173-lot mobile home park in Crown Point, Indiana. The allegations were based on evidence generated by the department’s Fair Housing Testing Program, in which individuals pose as renters to gather information about possible discriminatory practices.
“The Fair Housing Act guarantees families with children the right to choose a home without facing unlawful barriers of discrimination,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The Justice Department will continue its vigorous enforcement of the Fair Housing Act to ensure that equal access to housing – a bedrock of the American dream – remains a reality for all families in our country.”
Under the terms of the proposed settlement, the defendants must pay $100,000 into a settlement fund to compensate victims of discrimination and an additional $30,000 to the government as a civil penalty. In addition, the proposed settlement requires the defendants to implement a nondiscrimination policy, establish new nondiscriminatory application and rental procedures and undergo training on the Fair Housing Act. Anyone who believes that they have been discriminated against by Gentle Manor Estates because they have children should call the Justice Department at 1-800-896-7743, mailbox number 9994 or email the department at [email protected].
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt/.
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William D. Cantrell, Jr. Ordered to Pay 1,226,989.04 in RestitutionRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that, on March 10, 2016, William D. Cantrell, Jr, 61, of Valparaiso, Indiana, was sentenced before District Court Judge Joseph S. Van Bokkelen for mail fraud.
Cantrell was sentenced to 84 months imprisonment, 5 years of supervised release and ordered to pay 1,226,989.04 in restitution.
According to documents filed in the case, Cantrell operated an investment firm and stole the retirement funds of 9 individual investors totaling more than 1.2 million dollars. One of the victims, who lost over $800,000.00, the total amount of her retirement money, contacted law enforcement after attempts to retrieve some of her savings. The attempts to retrieve money were met with fraudulent excuses, empty payment envelopes and ultimately an admission of theft by the defendant.
Several days after law enforcement contacted the defendant regarding the allegations of his thefts, he flew from Indiana to the State of California and was arrested while attempting to break into one of the victim’s home at 3:00 a.m. He was armed with a knife and has been held in custody since his arrest in California.
This case was the result of an investigation by the Federal Bureau of Investigation. This case was handled by Assistant United States Attorney Randall M. Stewart.
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Eric Dillon Indicted for 7-Eleven Hobbs Act Robbery and Causing DeathRead the Press Release
HAMMOND- United States Attorney David Capp announced today that an Indictment was filed charging Eric M. Dillon, 27, of Gary, Indiana with one count of Hobbs Act Robbery, one count of using a firearm during a crime of violence and one count of causing death during a crime of violence.
On January 20, 2016, at approximately 4:30 am, Dillon allegedly entered the 7-Eleven store at 6031 Hohman Avenue, Hammond, Indiana. Dillon entered the store with a handgun, demanded money, and shot and killed the clerk.
United States Attorney Capp said, “this tragic act of violence will not be tolerated in our community. My office and federal law enforcement will continue to utilize all of our resources to work with our state and local partners to apprehend and prosecute these perpetrators.”
This case was investigated by the Hammond Police Department and the Federal Bureau of Investigation with assistance from the Lake County Prosecutor’s Office. The case is being prosecuted by Assistant United States Attorneys Thomas M. McGrath and Jennifer Chang.
Anyone with any knowledge of Eric Dillon or his associates is urged to call the FBI at 219-769-3719 or 317-595-4000. All phone calls will be treated confidentially.
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.
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Anthony Bitterling Ordered to Pay $1,062,181 in RestitutionRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Anthony Bitterling, 42, of Winamac, Indiana, was sentenced before District Court Judge Joseph S. Van Bokkelen for conspiracy to commit healthcare fraud.
Bitterling was sentenced to 24 months’ imprisonment, 400 hours of community service, 2 years of supervised release and ordered to pay $1,062,181 in restitution.
According to documents filed in the case, Bitterling along with co-defendants’ Kahley Vergon-Mayotte, 29, of Reynolds and Roy Dunn, 62, of Monticello, Indiana ran an ambulance company that fraudulently billed Medicare for transportation of Medicare recipients to dialysis appointments. The defendants’ fraud resulted Medicare paying out over one million dollars for medically unnecessary ambulance transportation.
Dunn was sentenced on January 8, 2016 to 30 months’ imprisonment, 2 years supervised release and ordered to pay $1,062, 181 in restitution.
Vergon-Mayotte is scheduled to be sentenced on March 17, 2016.
This case was the result of an investigation by the Federal Bureau of Investigation, Indiana State Attorney General Medicaid Fraud Control Unit and the United States Department of Health and Human Services, Office of Inspector General. This case was handled by Assistant United States Attorney Diane L. Berkowitz.
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Samuel L. Bradbury SentencedRead the Press Release
Samuel L. Bradbury Sentenced
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced today that Samuel L. Bradbury, 23, of Pine Village, Indiana, was sentenced before Chief District Court Judge Philip P. Simon to 41 months incarceration, 2 years of supervised release and ordered to pay $7098.58 in restitution.
Bradbury was convicted on July 2, 2015, after a weeklong jury trial, of maliciously conveying false information.
According to the evidence presented at trial, on June 19, 2014, Bradbury posted threats on social media to kill two specific law enforcement officials and two specific judges in Tippecanoe County. He also threatened to damage the Tippecanoe County Courthouse along with police vehicles using thermite, an incendiary substance. On June 21, 2014, law enforcement executed search warrants on the house where Bradbury lived, locating the social media posting along with other relevant evidence to include materials to make thermite.
This case was the result of an investigation by the Federal Bureau of Investigation with the assistance of Tippecanoe County Law Enforcement Agencies. This trial was handled by Assistant United States Attorneys Jill Koster and Abizer Zanzi.
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Former County Chief Deputy Auditor Sentenced to 84 Months for Embezzling Government Funds, Tax Fraud and Wire FraudRead the Press Release
A former chief deputy auditor for LaPorte County, Indiana, was sentenced today to 84 months in prison for embezzling over $150,000 from the LaPorte County government, tax fraud and defrauding her father-in-law out of more than $600,000, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney David A. Capp of the Northern District of Indiana.
Mary Ray, 68, of LaPorte, was also ordered to forfeit $137,249.59 and pay $801,315.66 in restitution as part of her sentence, which was imposed by U.S. District Judge Jon E. Deguilio of the Northern District of Indiana. On Sept. 17, 2015, Ray was convicted of two counts of theft of government monies, two counts of making false statements on a tax return and seven counts of wire fraud.
According to evidence presented at trial, from September 2011 through December 2012, while she served as chief deputy auditor for LaPorte County, Ray embezzled more than $150,000 from county coffers and underreported her income on her U.S. Individual Tax Returns by failing to report the embezzled funds. Evidence at trial also showed that Ray defrauded her father-in-law, an 86-year-old disabled veteran, out of more than $600,000 in funds that he entrusted her to oversee. The evidence also demonstrated that Ray used the illegally-obtained funds to gamble at casinos.
The FBI and Internal Revenue Service-Criminal Investigation investigated the case with assistance from the Indiana State Police, the LaPorte County Sheriff’s Department and the Indiana State Board of Accounts. Trial Attorney Peter Halpern of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Donald J. Schmid of the Northern District of Indiana prosecuted the case.
Former County Chief Deputy Auditor Sentenced to 84 Months for Embezzling Government Funds, Tax Fraud and Wire FraudRead the Press Release
WASHINGTON – A former chief deputy auditor for LaPorte County, Indiana, was sentenced today to 84 months in prison for embezzling over $150,000 from the LaPorte County government, tax fraud and defrauding her father-in-law out of more than $600,000, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney David A. Capp of the Northern District of Indiana.
Mary Ray, 68, of LaPorte, was also ordered to forfeit $137,249.59 and pay $801,315.66 in restitution as part of her sentence, which was imposed by U.S. District Judge Jon E. Deguilio of the Northern District of Indiana. On Sept. 17, 2015, Ray was convicted of two counts of theft of government monies, two counts of making false statements on a tax return and seven counts of wire fraud.
According to evidence presented at trial, from September 2011 through December 2012, while she served as chief deputy auditor for LaPorte County, Ray embezzled more than $150,000 from county coffers and underreported her income on her U.S. Individual Tax Returns by failing to report the embezzled funds. Evidence at trial also showed that Ray defrauded her father-in-law, an 86-year-old disabled veteran, out of more than $600,000 in funds that he entrusted her to oversee. The evidence also demonstrated that Ray used the illegally-obtained funds to gamble at casinos.
The FBI and Internal Revenue Service-Criminal Investigation investigated the case with assistance from the Indiana State Police, the LaPorte County Sheriff’s Department and the Indiana State Board of Accounts. Trial Attorney Peter Halpern of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Donald J. Schmid of the Northern District of Indiana prosecuted the case.
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16-244
Former Bank President IndictedRead the Press Release
HAMMOND- United States Attorney David A. Capp announced today that an Indictment was filed charging Mark Warne, 46, of Brook, Indiana with ten counts of Bank Fraud and four counts of Identity Theft.
According to the Indictment, Warne, a former President of Community State Bank, allegedly devised a scheme to defraud the bank. Warne allegedly caused Community State Bank to issue over six million dollars in fraudulent loans. Warne is alleged to have obtained the loans using the identities of four known individuals, three of whom were related to Warne and none of whom received any of the proceeds of the loans.
The Indictment further alleges that Warne concealed the loans from bank board members by creating two sets of minutes for the meetings of the board of directors, one for the bank’s board of directors to read and approve and second for the Federal Deposit Insurance Corporation (FDIC) examiners to review. While the minutes shown to the FDIC examiners made it appear as if the bank’s board of directors was aware of the loans, the actual board minutes made no mention of the loans. Warne served as President of Community State Bank from on or about September of 2010 to September of 2015. Warne’s employment with Community State Bank ended after his scheme to defraud the bank was uncovered.
This case was investigated by the Federal Bureau of Investigation and the Federal Deposit Insurance Corporation, Office of Inspector General. The case is being prosecuted by Assistant United States Attorneys Joshua P. Kolar and Abizer Zanzi.
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.
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Orathay Sims Sentenced to 210 Months for Methamphetamine DistributionRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Orathay Sims, 31, of Logansport, Indiana was sentenced on February 11, 2016, before Judge Jon E. DeGuilio, for distribution of methamphetamine.
Sims was sentenced to 210 months imprisonment and 4 years of supervised release.
According to documents in the case, on June 2015 Sims entered a plea of guilty for distribution of methamphetamine weighing in excess of 50 grams in Cass County Indiana.
This case was prosecuted as a result of an investigation by the Drug Enforcement Administration. This case was prosecuted by Assistant United States Attorney Frank E. Schaffer.
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Matthew McCray Indicted for Possession and Production of Child PornographyRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Matthew McCray, 36, of South Bend, Indiana was indicted on February 10, 2016 with 4 counts of producing and 1 count of possession of child pornography.
According to documents in the case, McCray is accused of using a minor, Jane Doe, to produce child pornography on four occasions from October 25, 2013 to January 28, 2016, and with possession of child pornography on January 28, 2016. McCray is currently being held without bond.
This case was prosecuted as a result of an investigation by the Federal Bureau of Investigation and St. Joseph County Sheriff’s Department. This case will be prosecuted by Assistant United States Attorney John Maciejczyk.
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.
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Minas Litos, Adrian Tartareanu and Daniela Tartareanu Were Sentenced for Conspiracy and Wire FraudRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Minas Litos, 50; Adrian Tartareanu, 45; and Daniela Tartareanu, 44; all of Saint John, Indiana were sentenced in federal court by Chief Judge Philip Simon today for conspiracy and wire fraud.
Litos entered a plea of guilty to one count of conspiracy and sixteen counts of wire fraud and was sentenced to 18 months imprisonment. The Court will determine whether restitution should be imposed at a later date.
Adrian and Daniela Tartareanu were found guilty by a jury of one count of conspiracy and sixteen counts of wire fraud. Adrian Tartareanu was sentenced to 36 months imprisonment. His wife Daniela Tartareanu was sentenced to 21 months imprisonment.
Minas Litos and Adrian Tartareanu owned Red Brick Investment Properties. Daniela Tartareanu was the office manager. They participated in an illegal scheme in which they convinced others to buy homes in Gary, Indiana. To induce the individuals, the defendants told prospective buyers that they were not required to provide down payment funds, and that the rental income would cover the costs associated with owning rental property. They concealed from the lenders and title companies that they paid the down payment money on behalf of the buyers. They also paid kickbacks to the buyers. The scheme lasted two years and involved 45 fraudulent transactions. As a result, more than $2.5 million dollars was fraudulently obtained from the lenders with almost all the buyers subsequently defaulting on the loans. Many of the properties are now vacant or considered a total loss by the lenders.
This case was the result of an investigation by Federal Bureau of Investigation. This case was handled by Assistant United States Attorneys Gary T. Bell and Jill Koster.
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Former South Bend, Indiana, Police Officer Pleads Guilty to Violating Civil Rights of ArresteeRead the Press Release
WASHINGTON – The Justice Department announced today that Theodore Robert, 41, a former police officer with the South Bend, Indiana, Police Department (SBPD), pleaded guilty today in federal court to violating the civil rights of an arrestee.
During his guilty plea before U.S. Magistrate Judge Christopher A. Nuechterlein of the Northern District of Indiana, Robert admitted that, acting under his authority as an SBPD officer, he punched a handcuffed victim in the face, as multiple officers attempted to intervene. He also admitted that, prior to punching the victim in the face, he forcefully pushed the victim into a wall and pressed his arm against the victim’s head and throat. Robert’s actions caused the victim to suffer a laceration above the eye. According to information presented in court, the incident occurred at the St. Joseph County Jail in South Bend and was recorded by the jail’s surveillance cameras.
“When police officers violate the laws they swear to uphold, it threatens the credibility of our criminal justice system,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously prosecute and hold accountable those officers who violate the constitutional rights of people in their custody.”
A sentencing hearing has been scheduled for May 19, 2016. Robert faces a maximum sentence of 10 years in prison.
This case was investigated by the FBI Indianapolis Division’s South Bend Resident Agency. The case is being prosecuted by Trial Attorneys Stephen Curran and Sanjay Patel of the Civil Rights Division, with the assistance of the U.S. Attorney’s Office of the Northern District of Indiana.
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Three Charged with Attempting to Provide or Possess Contraband in PrisonRead the Press Release
HAMMOND- United States Attorney David A. Capp announced today that a criminal complaint was filed against David Victor, 23, of Merrillville, Indiana; Ellisa Salazar , 22, of Griffith and Julian Rebeles, 24, of Hammond, for attempting to provide or possess contraband in prison.
Rebeles who is currently under Federal Indictment for his involvement in the Latin King RICO conspiracy and narcotics conspiracy case charged, United States v. Anton James et al, is alleged to be discussing “silencing” witnesses and cooperating defendants in the case.
During the course of this investigation, approximately 14 jail phone calls were monitored between Rebeles and his girlfriend, Ellisa Salazar. It is alleged that Rebeles instructed Salazar to purchase a cellular telephone and pay an individual $1000.00 to give it to Rebeles, while he was still incarcerated. On February 2, 2016, investigators observed Salazar meet an individual in a Merrillville parking lot. After a transaction, investigators followed the vehicle Salazar met to the Lake County Jail and initiated a traffic stop which identified Lake County Correctional Officer David Victor. There was money in an envelope with the name “Ellisa” found under the driver’s seat and a cellular telephone found inside Victor’s lunchbox on the passenger seat.
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 the result of the investigative efforts of; the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Hammond Police Department, the Lake County Sheriff’s Department and Lake County High Intensity Drug Trafficking Area officers and agents. The case is being prosecuted by Assistant U.S. Attorneys David J. Nozick.
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Antwon Willis and Ericka Simmons Found Guilty by Jury TrialRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Antwon Willis, 45, of Richton Park, Illinois and Ericka Simmons, 28, of Lansing, Illinois, were found guilty, after a five-day jury trial, of conspiring to distribute heroin.
The jury also found that both were responsible for distributing at least 100 grams of heroin. The defendants will be sentenced in May and are in custody.
This case was prosecuted as a result of an investigation by the Drug Enforcement Administration. This case was prosecuted by Assistant United States Attorney Frank E. Schaffer.
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Northwest Indiana Man Arrested for Sex TraffickingRead the Press Release
HAMMOND- United States Attorney David A. Capp announced today that a criminal complaint was filed against Aleksandar Jokic, 41, of Schererville, Indiana for sex trafficking of a minor.
According to documents filed in the case, it is alleged that Jokic paid a cooperating defendant on numerous occasions to provide women to perform sex acts at his residence, and that three of the females were under the age of 18 at the time. Jokic met the cooperating defendant when he responded to an online ad for escort services. The United States alleges that, between June and October 2015, Jokic requested and received females under the age of 18 for commercial sex services.
This case was investigated by the Federal Bureau of Investigation, Homeland Security Investigations and the Lake County Sheriff’s Department. The case is being prosecuted by Assistant United States Attorney Abizer Zanzi.
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.
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Alexis T. Young Found Guilty by Jury TrialRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Alexis T. Young, 33, of Hammond, Indiana was found guilty of 3 counts of aggravated identity theft Thursday afternoon after a four-day jury trial.
According to documents in the case, in addition to being found guilty at trial to the above charges, on April 10, 2015 Young plead guilty to count 1 of the indictment alleging conspiracy to commit identity theft. In the conspiracy charge it was alleged that she along with other defendants used personally identifiable information such as names, dates of birth and social security numbers of victims without their knowledge to obtain merchandise through fraudulently acquired credit cards. According to the indictment, one of her co-defendants was an employee of a medical facility, who disclosed the individually identifiable health information of victims to defendant Alexis Young and others.
This case is a result of an investigation by the United States Postal Inspection Service. This case was prosecuted by Assistant United States Attorneys Gary T. Bell and Toi D. Houston.
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Mark Olson Was Sentenced to 135 Months ImprisonmentRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Mark H. Olson, age 39, of Chesterton, Indiana, was sentenced Monday, January 11, 2016, in federal court by Chief Judge Philip Simon after pleading guilty to one count of distribution of child pornography.
Olson was sentenced to 135 months imprisonment, 10 years supervised release and ordered to pay restitution in the amount of $12,000.
According to documents filed in the case, between May and September of 2013, Olson used his work computer at his place of employment to send and receive child pornography with numerous individuals he met through a foreign website. The images depicted actual minors under the age of eighteen, including prepubescent minors, engaging in sexually explicit conduct.
This case was the result of an investigation by Homeland Security Investigations. The case was handled by Assistant United States Attorney Abizer Zanzi.
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Prosecutors, Officers and Agents Recognized by the Department of JusticeRead the Press Release
HAMMOND – United States Attorney David Capp announced that:
David J. Nozick, Assistant U.S. Attorney for the U.S. Attorney’s Office, Northern District of Indiana;
Bruce R. Hegyi, Trial Attorney for the Department of Justice Capital Case Section;
Jason M. Gore, Special Agent for the Bureau of Alcohol, Tobacco, Firearms and Explosives;
Arthur L. Grist, Jr., Special Agent for the Federal Bureau of Investigation; and
Brian M. Paine, Sergeant for the East Chicago Police Department,
all received the highest award from the Department of Justice, Criminal Division during a ceremony in Washington D.C. on Monday, December 7, 2015. Attorney General Loretta Lynch spoke at this ceremony recognizing outstanding law enforcement efforts throughout the country.
The award was presented for their outstanding performance in the investigation and prosecution of the Imperial Gangsters, particularly the conviction of the local leader, Juan Briseno. Briseno was sentenced to six life sentences in prison earlier this year. In total, 24 members or associates of this criminal organization were indicted, convicted and sentenced to substantial terms of imprisonment.
United States Attorney Capp stated, “All of us are extremely proud of the exemplary work by this law enforcement team. The Imperial Gangster convictions have substantially reduced the level of violence in East Chicago. The tireless work of these individuals has greatly benefitted the citizens of Northwest Indiana. Yesterday’s award reflects the national importance and recognition of their efforts.”
East Chicago Police Chief Mark Becker stated, “Sgt. Paine’s award is a great honor for him and our department. We look forward to our continued partnership with the federal and other local departments in our ongoing effort to enhance the safety of our communities.”
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Northern District of Indiana U.S. Attorney’s Office Collects Nearly $11,000,000 in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2015Read the Press Release
HAMMOND – U.S. Attorney David Capp announced today that the United States Attorney’s Office, Northern District of Indiana collected nearly $11M in criminal and civil actions in Fiscal Year (FY) 2015. This money, U.S. Attorney Capp explained, is returned to the United States Treasury and is substantially in excess of the operating budget for the United States Attorney’s Office. U.S. Attorney Capp stated, “We have a great team of lawyers and support staff, civil and criminal, which focuses regularly on collecting money due to the taxpayers of the United States.”
Attorney General Loretta E. Lynch announced on December 3, 2015 that the Justice Department collected $23.1 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2015. The more than $23.1 billion in collections in FY 2015 represents more than seven and a half times the approximately $2.93 billion of the Justice Department’s combined appropriations for the 93 U.S. Attorneys’ offices and the main litigating divisions in that same period.
“The Department of Justice is committed to upholding the rule of law, safeguarding taxpayer resources and protecting the American people from exploitation and abuse,” said Attorney General Lynch. “The collections we are announcing today demonstrate not only the strength of that commitment, but also the significant return on public investment that our actions deliver. I want to thank the prosecutors and trial attorneys who made this achievement possible, and to reiterate our dedication to this ongoing work.”
In addition to our collection efforts, U.S. Attorney Capp also announced that his office, working with partner agencies and divisions, collected $7,721,481.00 in asset forfeiture actions in FY 2015. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used for crime victims and for a variety of law enforcement purposes.
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Wanda C. Shorter Found Guilty by Jury TrialRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Wanda C. Shorter, 43, of Elkhart, Indiana, was found guilty, yesterday, after a four-day jury trial of all four counts charged by indictment in a health care billing fraud/aggravated identity theft case.
According to documents in this case, Empowerment Non-Emergency Medical Transportation, Inc. (hereafter "Empowerment") was an enrolled Medicaid provider. The provider agreement for Empowerment showed that it was a commercial ambulatory service provider and that its business address was in Elkhart, Indiana. Defendant Wanda C. Shorter founded Empowerment and submitted Empowerment's billings to Medicaid for payment and reimbursement of claims. Ms. Shorter was the sole owner of Empowerment Non-Emergency Medical Transportation, Inc. Indiana Medicaid reimburses enrolled health care providers, including commercial ambulatory service providers, for covered services that are provided to patients who are Medicaid eligible on the date of the provided service. Providers enrolled in the Indiana Medicaid program agree to submit claims for only medically and reasonably necessary services that are covered under the program that are actually provided and to only seek compensation to which the provider is legally entitled. Under the Indiana Medicaid Provider Agreement the State of Indiana entered into with all Medicaid providers, Medicaid providers are prohibited from submitting claims for services that are not medically necessary or are not actually provided or for which the provider is otherwise not legally entitled to receive payment. From 2011 to 2014, in the Northern District of Indiana, the defendant knowingly engaged in a scheme to defraud Indiana Medicaid and knowingly misused the means of identification of Medicaid clients. As part of the fraud scheme, the defendant caused billings and claims for reimbursement to be sent to Indiana Medicaid for transportation services that were never in fact provided. Defendant Wanda Shorter caused billings and claims for reimbursement to be sent to Indiana Medicaid as well for the payment of inflated mileage claims and for medical transportation trips that had been cancelled and never occurred. Further, the defendant caused billings to be sent to Medicaid that were up-coded, that is, the defendants caused billings to be sent that were submitted for higher reimbursement amounts than were justified based on the actual transportation services provided. As part of the fraud scheme, the defendant knowingly used without lawful authority a means of identification of other persons during and in relation to her health care fraud scheme, including specifically that of multiple Medicaid beneficiaries. The loss caused by the fraud here was in excess of $1 million dollars.
“This case is an example of a brazen misuse of taxpayer funds by fraudulently overbilling the Medicaid program for reimbursements. It also demonstrates how state and federal government can partner to investigate and bring a perpetrator to justice. I want to once again personally thank David Capp and his team for their extraordinary efforts in serving justice and the people of Indiana,” said Indiana Attorney General Greg Zoeller, who also thanked the investigators and attorneys who worked on the case.
This case was prosecuted as a result of an investigation by the Federal Bureau of Investigation and the Indiana Attorney General’s Office Medicaid Fraud Control Unit. This case was prosecuted by Assistant United States Attorney Donald J. Schmid.
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Latin King and Two Six Nation Gangs IndictedRead the Press Release
HAMMOND – United States Attorney David Capp announced two additional indictments in the ongoing effort against criminal street gangs in Northwest Indiana. In one indictment, seventeen members or associates of the Latin Kings, all Indiana based, were charged with racketeering and other offenses. In a separate indictment, two additional members of the Two Six Nation were indicted for murder in aid of racketeering.
U.S. Attorney Capp stated, “We have repeatedly announced that if you are a member of a violent street gang we are coming after you. Today’s indictments are the latest in our ongoing enforcement effort to eliminate these criminal organizations from Northwest Indiana. It does not matter how old you are or when your criminal conduct occurred, you are next.”
The Latin King indictment charges 17 members and associates with a criminal conspiracy that spanned a time period from 2003 until November 2015. It alleges that the following individuals were participants in a racketeering conspiracy that involved murder, attempted murder, aggravated battery, kidnapping, sex trafficking and narcotics distribution:
Anton Lamont James aka “Ghost,” 19, of Hammond;
Jason Christopher Brown aka “Midnight,” 21, of Merrillville;
Javier Castillo, 19, of Hammond;
Rodolfo Carlos Flores aka “Big Head,” 29, of Hammond;
Francisco Gamez aka “Frank Nitti,” 30, of Portage;
Alexis Santos, 20, of Hammond;
Joseph Uvalle aka “Little Foot,” 33, of Crown Point;
Pierre Java Forest aka “Joker,” 21, of Harvey, IL;
Keith Trevor Manuel aka “Smiley,” 26, of Gary;
Aldon Perez aka “Spooky,” 20, of Hammond;
Jose Antonio Sanchez aka “Sly,” 26, of Hammond;
Julian Robert Rebeles aka “King Porky,” 24, of Hammond;
Mario Resendiz aka “Spank,” “Rio”, 23, of East Chicago;
Alberto Tirado aka “B Murda,” 25, of East Chicago;
Raymond Fazekas aka “Pirate,” 26, of Lake Station.
The indictment alleges that these defendants were members of various Latin Kings factions in Hammond, East Chicago and Gary. The indictment also alleges a conspiracy to possess and distribute five kilograms of cocaine and 100 kilograms of marijuana against all of these same individuals, in addition to Sean Yancey aka “Demon,” 21 of Gary.
In addition Melinda Milton, 35, of East Chicago and Joseph Uvalle were charged with various counts of sex trafficking by fraud or coercion and interstate transportation for prostitution.
A previous Latin King indictment had charged Anton James, 19, of Hammond, with murder in aid of racketeering and murder resulting from the use of a firearm during a crime of violence for his alleged role in the murder of Martin Hurtado Sr. The indictment alleges that, on Oct. 28, 2014, James shot and killed Hurtado Sr. believing that he was Martin Hurtado Jr., whom James believed was a rival gang member. This count carries over unchanged from the first indictment.
Also, when James was arrested, Dalia Guerrero, 39, of Merrillville, mother of James, used threat of physical force against a witness in order to influence, delay and prevent testimony of a witness in an official proceeding. A week after that incident, Jasmine McMichael, 22, of East Chicago was arrested and charged for her participation in the same confrontation. Guerreo and McMichael were each charged with obstruction of justice under a separate indictment. They have pled guilty to that count, and are awaiting sentencing.
In a separate indictment involving the Two Six Nation criminal organization, Anthony Laviena, 35, of Staten Island, New York, and Deaundra L. Joshua aka “D Ruff,” 45, of Gary, Indiana, were charged with murder in aid of racketeering and use of a firearm in connection with a crime of violence. This is for their alleged roles in the killing of Albert “Greeny” Guzman. The indictment alleges that, on or about October 6, 1999, Laviena and Joshua shot and killed Guzman for the purpose of maintaining and enhancing their positions within the gang.
In addition, the Two Six Nation indictment alleges two more homicides committed by Two Six members in furtherance of this criminal organization. On January 5, 1991, Jesus Fuentes, who recently plead guilty in federal court to racketeering, and others shot an killed Miguel Fernandez, a Latin King member, in East Chicago during an attempted robbery. Also, on October 30, 1997, Fuentes directed Julio Cartagena, now deceased, of Hammond, to kill Edwardo Miranda in Gary as Miranda was believed to have stolen weapons from the Two Six.
The Two Six Nation indictment is being worked in conjunction with the United States Department of Justice, Criminal Division, Organized Crime and Gang Section.
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.
These cases are the result of the investigative efforts of; the Bureau of Alcohol, Tobacco, Firearms and Explosives, 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 Lake County Prosecutor’s Office also has provided assistance. The Latin King case is being prosecuted by Assistant U.S. Attorneys David J. Nozick, Dean Lanter and Abizer Zanzi of the Northern District of Indiana. The Two-Six case is being prosecuted by Assistant U.S. Attorney David J. Nozick and Thomas M. McGrath of the Northern District of Indiana and Trial Attorney Andrew Creighton of the Criminal Division’s Organized Crime and Gang Section.
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Douglas D. Jackson Sentenced to 295 Months ImprisonmentRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Douglas D. Jackson, age 26, of South Bend, Indiana, was sentenced to 295 months imprisonment, on Thursday, December 3, 2015, in federal court by Judge Robert L. Miller, Jr. Jackson was convicted by a jury trial on July 16, 2015 to six counts of sex trafficking of a minor and one count of possession of a handgun in furtherance of a crime of violence.
According to documents in the case, during May and June, 2014, Jackson transported a minor female to several cities throughout the Midwest for the purposes of prostitution. These cities were Atlanta, Chicago, Indianapolis, Louisville, Memphis, Fort Wayne, and Grand Rapids.
This case was the result of an investigation by the Federal Bureau of Investigation, in coordination with the Michigan State Police and Wyoming Michigan Police Department. The case was handled by the Assistant United States Attorney John M. Maciejczyk
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Kenneth Culver Sentenced to 37 Months ImprisonmentRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Kenneth Culver, age 39, of Steger, Illinois, was sentenced Tuesday, December 1, 2015, in federal court by Judge Joseph S. Van Bokkelen after pleading guilty to 2 counts of bank robbery.
Kenneth Culver was sentenced to 37 months imprisonment and 2 years supervised release.
According to documents in the case, Culver robbed a Chase Bank within Munster, Indiana on August 12, 2014 and again on December 3, 2014. Culver passed a note to the tellers demanding money and stole $2675 and $1200 on each respective occasion. Culver was initially arrested and charged in Lake County Court with the August robbery. While on bond for the first robbery, he committed the second offense. He was then charged with both crimes in federal court.
This case was the result of an investigation by the Federal Bureau of Investigation in coordination with the Munster Indiana Police. The case was handled by Assistant United States Attorney Thomas M. McGrath.
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Former Enzyme Company Owner Sentenced to Prison for Filing False Tax Returns and PerjuryRead the Press Release
WASHINGTON – An Indiana resident was sentenced to more than two years in prison today for filing false federal income tax returns and perjury, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division.
Jared E. Hochstedler, 40, of Fort Wayne, Indiana, was sentenced to 27 months in prison, one year of supervised release and ordered to pay $1,232,739 in restitution to the Internal Revenue Service (IRS). According to court documents, Hochstedler pleaded guilty on Feb. 26 to two counts of willfully filing false income tax returns for 2008 and 2009 and one count of committing perjury during a deposition conducted by the U.S. Securities and Exchange Commission (SEC).
Hochstedler owned Enzyme Environmental Solutions (EESO), a company focused on creating cleaning products using enzymes. As the owner of EESO, Hochstedler participated in stock exchanges of EESO stock with third party companies for which he received more than $2.8 million. Hochstedler failed to report these funds as income on his 2008 and 2009 individual income tax returns. In addition, Hochstedler received loans from these third party companies which he did not repay. Hochstedler used a substantial portion of the loan proceeds for personal expenditures and failed to report that income on his tax returns. In 2009, Hochstedler also sold stock in another company for more than $1 million and failed to report the full amount of the proceeds as a capital gain on his 2009 tax return.
In June 2009, in the course of an investigation, the SEC deposed Hochstedler under oath regarding the stock transactions he executed with the third parties. During the deposition, the SEC inquired about the details of the transactions and Hochstedler lied about the nature of the transactions and the amount of money he received.
Acting Assistant Attorney General Ciraolo commended special agents of IRS-Criminal Investigation, who investigated the case and Trial Attorneys Richard M. Rolwing and Christopher P. O’Donnell of the Tax Division, who prosecuted the case. Acting Assistant Attorney General Ciraolo also commended the SEC for its work on the related civil matter, prior to the initiation of this criminal case.
Additional information about the Tax Division and its enforcement efforts may be found on the division website.
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IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.
Edwin Tollinchi-Rodriguez Sentenced to 450 Months ImprisonmentRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Edwin Tollinchi-Rodriguez, age 30, of East Chicago, Indiana, was sentenced Tuesday, December 1, 2015, in federal court by Judge Rudy Lozano after his guilty plea of transporting a minor across state lines with intent to engage in criminal sexual activity.
Edwin Tollinchi-Rodriguez was sentenced to 450 months imprisonment and 20 years supervised release.
According to documents in the case, defendant Edwin Tollinchi-Rodriquez admitted in his guilty plea that on November 3, 2012, he knowingly transported an 11 year-old minor child, identified in public filings as “Jane Doe,” from the State of Indiana to the State of Illinois with intent that she engage in sexual activity that is prohibited by Illinois law, i.e., Criminal Sexual Assault under Illinois law.
At a hearing held on October 29, 2015, Jane Doe testified that the defendant began sexually abusing her when she was 8 years old and that he threatened to kill her, her family and himself if she disclosed the abuse. Jane Doe explained that she believed Defendant’s threats because he had been violent with her, her mother and her brother on previous occasions.
This case was the result of an investigation by the Federal Bureau of Investigation in coordination with East Chicago, Indiana and the Lansing, Illinois Police Departments. The case was prosecuted by Assistant United States Attorney Jill R. Koster.
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Erik D. Harbin Sentenced to 117 Months ImprisonmentRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Erik D. Harbin, age 30, of Mishawaka, Indiana was sentenced on Monday, November 23, 2015, in federal court by Judge Robert L. Miller, Jr., after his guilty plea of being a felon in possession of a firearm.
According to documents in the case, on March 17, 2015, the Mishawaka Police Department received a 911 call from a citizen reporting what appeared to be an armed kidnapping of a female in Mishawaka, Indiana. Mishawaka Police, while responding to the area of the call, located a vehicle matching the description of the vehicle given by the caller and observed two people in the front seat and a female passenger in the rear seat. The police conducted a felony stop on the vehicle. After identifying the passengers in the vehicle, a victim was identified along with the driver of the vehicle and Harbin. While being escorted to the police vehicle for questioning, Harbin yelled to the driver, “Don’t let them search the car.” The driver gave police consent to search and the police recovered a .380 caliber firearm which was in the location where Harbin was sitting. The victim had reported that Harbin had been carrying a firearm in the weeks prior to this incident.
Harbin was sentenced to 117 months imprisonment and 3 years supervised release. Harbin’s lengthy criminal history was a factor to him being sentenced close to the maximum statutory sentence of 120 months for being a felon in possession of a firearm.
This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives in coordination with the Mishawaka Police Department. The case was handled by the Assistant United States Attorney Jesse M. Barrett.
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David M. Felske Sentenced to 100 Months ImprisonmentRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that David M. Felske, age 25, of Michigan City, Indiana was sentenced in federal court, by Judge Jon E. DeGuilio, after his guilty plea of being a felon in possession of a firearm.
David Felske was sentenced to 100 months imprisonment and 3 years supervised release.
According to documents in the case, in July 2015, Felske stole several firearms from a residence in LaPorte County, Indiana which included a .50 caliber revolver, (2) .357 caliber revolvers, a .38 caliber revolver, and a .45/410 caliber revolver. Felske then sold these firearms to an undercover officer on July 23, 2015 knowing that these firearms had been stolen. Felske has a prior felony conviction burglary, a Class B felony, in Indiana.
This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives in cooperation with the LaPorte County Sheriff’s Department and the Michigan City Police Department. The case was handled by the Assistant United States Attorney Donald J. Schmid.
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Brian Kandefer Sentenced to 121 Months ImprisonmentRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Brian M. Kandefer, age 37, of San Diego, California, was sentenced Wednesday, November 18, 2015, in federal court by Judge Robert L. Miller, Jr. after his guilty plea of wire fraud and money laundering.
Brian Kandefer was sentenced to 121 months imprisonment and ordered to pay $1.4 million dollars in restitution.
According to documents in the case, K2 Capital Management Inc. did business as US Mortgage Bailout and USMortgageBailout.com with physical offices located in La Jolla, California. Brian Kandefer was a 50% owner of K2 Capital Management Inc. dba US Mortgage Bailout and dba USMortgageBailout.com (hereafter "US Mortgage Bailout"). US Mortgage Bailout purported to be and advertised as mortgage "loan experts" which had "helped thousands of homeowners avoid foreclosure." US Mortgage Bailout sold mortgage loan modification products and services to persons, located all over the United States, including the Northern District of Indiana, who were in trouble with their home mortgage loans. As part of the fraud scheme that lasted from 2009 through 2010, US Mortgage Bailout which included Kandefer, used false advertising to defraud clients (victims) out of monies for loan modifications. They also did not properly communicate or represent client interests in the scheme. If they did represent clients for loan modifications, documentation was falsified regarding income and other financials. US Mortgage Bailout had a 100% refund policy for clients who did not receive favorable outcomes, yet clients did not receive any refunds despite requests.
This case was the result of an investigation by the United States Department of Housing and Urban Development, Office of Inspector General and the Internal Revenue Service, Criminal Investigation Division. The case was handled by the Assistant United States Attorney Donald J. Schmid.
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Northern District of Indiana Grand Jury Returns Superseding IndictmentRead the Press Release
HAMMOND- United States Attorney David Capp announced today that a federal grand jury returned a superseding indictment charging Robert Battle, age 42, of East Chicago, Indiana with knowingly and intentionally killing Reimundo Camarillo, Jr. on October 12, 2015, while engaged in a narcotics conspiracy.
The indictment alleges that beginning in approximately 2006 and continuing to October 12, 2015, Battle, along with unnamed others, conspired to distribute more than 5 kilograms of cocaine. The indictment alleges Battle used a firearm to kill Reimundo Camarillo, Jr., during and in relation to the conspiracy. The indictment also alleges Battle possessed with intent to distribute cocaine and marijuana. Battle had previously been indicted on October 22, 2015 for the marijuana offense after he was stopped on I-94 in Porter County. Approximately 73 grams of marijuana and $100,700 in U.S. currency were seized during that stop. Today’s indictment adds the cocaine and murder charges, and seeks forfeiture of that currency.
U.S. Attorney Capp advised that the decision to charge the case federally was a joint decision between the U.S. Attorney’s Office and the Lake County Prosecutor’s Office. A key factor in the indictment decision was that the alleged events in the drug conspiracy span multiple jurisdictions and cross state lines.
Since the alleged murder of Camarillo is now included in this federal indictment the Lake County Prosecutor’s Office will dismiss a pending murder charge against Battle in Lake County arising out of the same events.
U.S. Attorney Capp stated, “We work regularly with Bernie Carter and his office and make joint decisions on which jurisdiction is best able to handle a particular case. Often we defer to our State colleagues, and they in turn will defer to us on certain prosecutions. We greatly appreciate this cooperative relationship. It enables both offices to most effectively utilize their resources to protect the public.”
Lake County Prosecutor Bernard Carter stated, “I appreciate the continuous working relationship between my office and the U.S. Attorney’s Office. Because of the cooperation between our offices we are able to jointly make charging decisions that best protect and benefit our community.”
Battle will soon be taken into federal custody and will have his initial appearance before a United States Magistrate Judge next week.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; East Chicago Police Department; and Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorneys David J. Nozick and Thomas M. McGrath.
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.
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Darrell L. Duncan Sentenced for Being A Felon in PossessionRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Darrell L. Duncan, age 34, of South Bend, Indiana, was sentenced Wednesday, November 4, 2015, in federal court by Judge Robert L. Miller, Jr. after his guilty plea of being a felon in possession of a firearm.
Duncan was sentenced to 15 years’ imprisonment and 3 years supervised release.
According to documents in the case, May 14, 2015, the United States Marshals Service along with Task Force Agents and other officers from the South Bend Police Department attempted to apprehend Duncan for outstanding warrants. During the operation, Duncan tried to back into a police vehicle and fled on foot. Officers located a .25 caliber firearm that was loaded with one round in the chamber and seven rounds of ammunition in the magazine that was dropped by Duncan during the pursuit. Duncan also dropped a bag containing approximately 3.1 grams of methamphetamine, approximately 24.4 grams of marijuana and 21 oxycodone pills. Also located in Duncan’s vehicle was a backpack containing 22 rounds of .25 caliber ammunition as well as 2.7 grams of marijuana and additional rock like substances. Duncan’s criminal history qualifies under the armed career criminal act for enhanced sentencing.
This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives in cooperation with the South Bend Police Department. The case was handled by the Assistant United States Attorney Donald J. Schmid.
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Vahan Kelerchian Found Guilty by Jury TrialRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Vahan Kelerchian, 56, of Richboro, Pennsylvania, doing business as Armament Services International “ASI”, was found guilty of a multitude of charges relating to the acquisition of machineguns and restricted laser aiming sites, late Thursday evening after a two-week jury trial.
According to evidence presented at trial, Kelerchian conspired with Joseph Kumstar and Ronald Slusser, two 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 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 laser sights were restricted by the Food and Drug Administration because they were class 3b lasers. 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 found not guilty of that accusation.
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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Pennsylvania Man Found Guilty by Jury TrialRead the Press Release
U.S. Attorney David Capp for the Northern District of Indiana announced that Vahan Kelerchian, 56, of Richboro, Pennsylvania, doing business as Armament Services International “ASI”, was found guilty of a multitude of charges relating to the acquisition of machineguns and restricted laser aiming sites, late Thursday evening after a two-week jury trial.
According to evidence presented at trial, Kelerchian conspired with Joseph Kumstar and Ronald Slusser, two now former Lake County Police Officers, to knowingly make false statements relating to the acquisition of firearms. Kumstar and Slusser, who have pleaded 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 aka 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 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 laser sights were restricted by the Food and Drug Administration (FDA) because they were class 3b lasers. 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 one 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 found not guilty of that accusation.
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 U.S. Attorneys Philip C. Benson and Thomas M. McGrath.
Linn Johnson Sentenced for Child PornographyRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Linn Johnson, age 40, of Michigan City, Indiana, was sentenced Thursday, October 8, 2015, in federal court by Judge Robert L. Miller,Jr. after his guilty plea to possession of child pornography.
Johnson was sentenced to 144 months’ imprisonment and 5 years supervised release.
According to documents in the case, on May 29 and 30, 2013, an undercover officer, working online, was able to download child pornography that was being shared by Johnson on the internet. On December 6, 2013, officers served a search warrant at Johnson’s residence and seized a computer that contained child pornography. His sentence was enhanced because Johnson admitted, when interviewed, to having molested a 7 year old child. Johnson has been in custody since his arrest on December 6, 2014.
This case was the result of an investigation by Federal Bureau of Investigation and Michigan City Police Department. The case was handled by the Assistant United States Attorney John M. Maciejczyk.
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Isaiah C. Fisher Sentenced for RobberyRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Isaiah C. Fisher, 34, of Michigan City, Indiana, was sentenced today in federal court by Judge Robert L. Miller, Jr for robbery of a credit union.
Fisher was sentenced to 188 months’ imprisonment, 3 years supervised release and ordered to pay $11,460.00 in restitution.
According to documents in the case, on April 16, 2015, at around 10:49 A.M., Fisher entered a credit union located in Michigan City, Indiana, jumped over a teller counter and announced that the place was being robbed. Fisher told police that he carried a box cutter into the Credit Union and fashioned the covering over the box cutter to resemble a firearm. The funds of the institution are insured by the National Credit Union Administration, a federal entity. The total amount of loss reported by bank personnel was $11,460.
This case was the result of an investigation by Federal Bureau of Investigation and the Michigan City Police Department. The case was handled by the Assistant United States Attorney William T. Grimmer.
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Ayad Al-Shaibani Sentenced in Food Stamp CaseRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, David Capp, announces that on October 6, 2015, Ayad Al-Shaibani, 44, of Fort Wayne, Indiana was sentenced to 3 years’ probation with 6 months’ home detention and was ordered to pay $1,714,207.10 following his plea of guilty for food stamp benefits fraud.
U.S. Department of Agriculture, Office of Inspector General, Special Agent-in-Charge Anthony V. Mohatt said: The Supplemental Nutrition Assistance Program (SNAP) was created to provide food and nutrition to those who truly need this assistance. Those who are involved in fraud and abuse of SNAP and other USDA programs will be aggressively pursued by our office. Our joint effort in this investigation helps brings to justice individuals who sought to profit from the SNAP program through illegal schemes. The USDA Office of Inspector General will continue to dedicate resources and work with our local law enforcement partners in order to protect the integrity of this and other USDA programs and to pursue prosecution of those who commit fraud.
According to documents filed in the case, on or about February 6, 2013, Al-Shaibani did knowingly acquire and possess United States Department of Agriculture food stamp benefits from an Electronic Benefit Transfer (EBT) Card for a transaction in excess of $100 in a manner not authorized by the Food Stamp Program. By swiping and accepting an EBT card for $128.00 from a customer for the purchase of some eligible food items (4 Energy Drink cans), Al-Shaibani violated 7 U.S.C. 2024(b)(1) .
In his plea agreement he agreed to repay restitution to the United States Department of Agriculture, Food and Nutrition Service and to forfeiture of a personal money judgment in the amount of $1,714.207.10. This sum represented the count of conviction and all relevant conduct between 2008 and 2013 for food stamp trafficking at his store, the Calhoun Market, S. Calhoun Street, Fort Wayne Indiana. Calhoun Market had been authorized in 2007 to accept Supplemental Nutrition Assistance Program (SNAP) benefits for eligible food items. The SNAP benefits were provided to eligible recipients by virtue of an electronic benefit transfer (EBT) device in Indiana called the Hoosier Works card.
This investigation was conducted by the United States Department of Agriculture, Office of Inspector General, Investigations and was assisted by the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney Tina Nommay.
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