Southern District of Indiana
Press releases recorded for this federal judicial district.
Department of Justice makes $850 million available to help public safety agencies address COVID-19 pandemicRead the Press Release
Indianapolis – The Department of Justice announced that it is making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump, will allow eligible state, local and tribal governments to apply immediately for these critical funds. The department is moving quickly to make awards, with the goal of having funds available for drawdown within days of the award.
“The COVID-19 pandemic has presented Indiana law enforcement and first responders with challenges they have not seen before.” said United States Attorney Josh J. Minkler. “They are on the frontlines for the citizens of Indiana and deserve to be protected. This funding will help keep our public safety professionals safe.”
“This is an unprecedented moment in our nation’s history and an especially dangerous one for our front-line law enforcement officers, corrections officials, and public safety professionals,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are grateful to the Congress for making these resources available and for the show of support this program represents.”
The solicitation, posted by the Bureau of Justice Assistance in the Justice Department’s Office of Justice Programs (OJP), will remain open for at least 60 days and be extended as necessary. OJP will fund successful applicants as a top priority on a rolling basis as applications are received. Funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities. Grant funds may be applied retroactively to Jan. 20, 2020, subject to federal supplanting rules.
Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for this emergency funding. A complete list of eligible jurisdictions and their allocations can be found at https://bja.ojp.gov/program/fy20-cesf-allocations.
For more information about the Coronavirus Emergency Supplemental Funding program, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553. For more information about the Office of Justice Programs, please visit https://www.ojp.gov/.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years
Statement from U.S. Attorney Josh J. MinklerRead the Press Release
Indianapolis – “We find ourselves in a place where most Americans have never been. Hoosiers are experiencing many different emotions and concerns including the care of family and friends, furthering their children’s education and protecting their livelihoods. Unfortunately, criminals are finding ways to use this unique time to take advantage of our elderly, sick and economically disadvantaged citizens by an array of fraudulent and illegal schemes.”
“In the midst of this crisis, The US Attorney’s Office for the Southern District of Indiana will continue to serve the citizens of the district. Using our strong and longstanding relationships with state and local governments, and in conjunction with our partners in federal, state, and local law enforcement, we will investigate and prosecute those who try to take advantage of our most vulnerable citizens.”
“To promote the prosecution of those who would take advantage of this difficult time, today I have appointed Assistant United States Attorney Kyle Sawa to serve as the Coronavirus Coordinator for the Southern District of Indiana. In that capacity, AUSA Sawa will leverage local, state and federal law enforcement resources to protect our citizens against this rising threat of COVID-19 fraud schemes.”
“If you receive suspicious emails, texts, or any forms of suspicious communication related to the COVID-19 crisis, or become aware of family and friends that have received suspicious communications, I ask that you don’t respond directly but instead report the activity to the National Center for Disaster Fraud (NCDF) Hotline at 1-866-720-5721, or to the NCDF e-mail address [email protected].”
For the most up-to-date information about #COVID19, visit the CDC’s website at http://cdc.gov/COVID19 .
Indianapolis area methamphetamine and heroin trafficking organizations dismantledRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today, federal criminal charges against 35 individuals for their role in two separate drug trafficking rings.
“These methamphetamine trafficking organizations were fueling some of the violence that the citizens of central Indiana have been experiencing.” said Minkler. “Thirty illegally possessed guns, twenty-two pounds of methamphetamine, heroin, fentanyl, and approximately $70,000 in drug money support the decision to make custodial arrests today. Violent drug trafficking organizations should know that this national health crisis offers no safe harbor for them. Federal, state and local law enforcement will continue to work together to keep the public safe from violent drug traffickers.”
Those charged include:
Danielle Dowling, 43, Indianapolis
Linda Bow, 56, Indianapolis
Josh Stoops, 41, Indianapolis
James Bacon, 51, Indianapolis
Micheal Fisher, 27, Indianapolis
Steve Anderson, 46, Indianapolis
James Swartz, 41, Indianapolis
Eric Poore, 42, Indianapolis
Janna Broaddus, 33, Indianapolis
Josh Unger, 36, Indianapolis
Ryan Sawyers, 37, Indianapolis
Troy Thornton, 47, Indianapolis
Darius Anthony Garcia, 33, Indianapolis
Amber Seats, 31, Indianapolis
Jeremy Osmon, 40, Indianapolis
Tyler Greenwalt , 35, Indianapolis
Guy Karnes, 28, Indianapolis
Clifford King, Jr., 27, Indianapolis
Lisa Roth, 25, Indianapolis (Fugitive)
Dylan Williams, 41, Indianapolis
Eric Walker, 30, Indianapolis
Jeffrey Sacks, 63, Indianapolis
Paula Adams, 33, Lafayette
Christopher Tate, 29, Indianapolis
Jovan Stewart, 31, Indianapolis
Robert Hinton, 33, Indianapolis (Fugitive)
Tia Dimmett, 29, Indianapolis
Lacey Guzman, 35, Indianapolis
Sandra Kellogg, 38, Silver Lake, Indiana
Desirae Evans, 40, Indianapolis
Jose Rodriguez-Chavez, 42, Indianapolis
Jason Lewis, 28, Indianapolis
Dwyatt Harris, 40, Indianapolis
Dorothy Knight, 43, Indianapolis (Fugitive)
Chaylon Rush, 52, Indianapolis (Fugitive)
Federal agents along with local officers from different agencies, served arrest warrants and search warrants at 19 locations in the Indianapolis area today. Thirty one persons were arrested and are in federal custody. Four persons remain as fugitives.
During this six month investigation, approximately 30 firearms, $70,000 in US currency, and 22 pounds of methamphetamine, heroin, and fentanyl were seized.
According to the two indictments, Danielle Dowling and Christopher Tate led separate drug trafficking organizations that operated in Indianapolis. Dowling, Tate, and their associates distributed large amounts of methamphetamine as well as heroin and fentanyl in the Indianapolis area.
This case was investigated by the Drug Enforcement Administration, Internal Revenue Service, Indianapolis Metropolitan Drug Task Force, and Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The Lawrence Police Department and the Federal Bureau of Investigations also assisted in today’s operation.
“The individuals arrested today, utilized violence, fear and intimidation as a platform to terrorize fellow Hoosier’s while they made a living peddling poison into our communities,” said Michael Gannon, Assistant Special Agent in Charge of DEA Indianapolis District Office. “This high-level drug trafficking organization was responsible for distributing multi-pound quantities of methamphetamine, heroin and fentanyl in various cities within Indiana. Today’s takedown was a big win for the Indianapolis Metropolitan area, 31 drug dealers are now in jail where they belong.”
“Today’s search and arrest warrants signal an important victory for the American public. The role of IRS Criminal Investigation in narcotics investigations is to follow the money so we can financially disrupt and dismantle major drug trafficking organizations,” said Kathy A. Enstrom, IRS Criminal Investigation, Special Agent in Charge, Chicago Field Office. “We are proud to work hand-in-hand with our law enforcement partners to bring these criminals to justice.”
“In addition to fueling the opioid epidemic, these bad actors spurred violence in our city. These acts cannot and will not be tolerated,” said IMPD Chief Randal Taylor. “Working together, law enforcement partners are continuing to address violence and protect the safety of our neighborhoods – and we will remain dedicated to this effort throughout the difficult days and weeks ahead.”
“Central Indiana has no room for those who use firearms to further their criminal enterprise,” said Jonathan McPherson, Special Agent in Charge of ATF’s Columbus Field Division. “ATF will continue to work with our law enforcement partners at the federal, state, and local levels to bring those individuals to justice.”
“When federal, state, and local law enforcement agencies partner for comprehensive investigations, the resulting arrests, along with the firearms & drugs removed from the streets, inevitably result in reduced opportunity for violent crime to occur,” said Gary Woodruff, Deputy Chief with Lawrence Police.
“The message here is clear, the FBI will continue to stand shoulder to shoulder with our law enforcement partners and utilize all available resources to target those who are responsible for trafficking and distributing drugs poisoning our citizens,” said Acting Special Agent in Charge Robert Middleton, FBI Indianapolis. “The distribution of illicit drugs impacts families and communities, and by disrupting and dismantling these organizations we can continue our focus on eliminating a major cause of violent crime in our communities.”
An indictment is merely a charge and not evidence of guilt. All defendants are considered innocent until proven guilty in federal court.
According to Assistant United States Attorney Brad Blackington who is prosecuting this case for the government, most of the defendants face sentences of up to life imprisonment if convicted.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to utilizing OCDETF to target, investigate, and prosecute more organizations that supply and distribute methamphetamine and or heroin in the District. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 3.1-3.5.
Three Muncie Police Officers indicted for using excessive force and attempting to cover it upRead the Press Release
INDIANAPOLIS – A federal grand jury in Indianapolis, Indiana, returned a 12-count indictment against two officers – Joseph Chase Winkle, 34, and Jeremy Gibson, 30 – and one sergeant, Joseph Krejsa, 50, of the Muncie Police Department for their roles in using excessive force against arrestees and attempting to cover up the misconduct. Today’s indictment was announced by Assistant Attorney General Eric Dreiband for the Department of Justice’s Civil Rights Division, U.S. Attorney Josh Minkler for the Southern District of Indiana, and FBI Indianapolis Acting Special Agent in Charge Robert Middleton.
“No one is above the law,” Minkler said. “The civil rights violations alleged by the grand jury’s indictment are very serious. Unfortunately, misconduct by a few can shake the public’s confidence in the many men and women in law enforcement who proudly and professionally protect the public day in and day out. Today’s indictment should make clear the commitment of this Office and the Department of Justice to reassure the public and hold accountable those who violate the civil rights of others even though they wear a uniform.”
“Today’s indictment sends a strong message that those who violate their oath to protect and serve the public will be held accountable for their actions,” said Acting Special Agent in Charge Robert Middleton, FBI Indianapolis. “The FBI is committed to preserving public trust,
especially in those who have sworn to uphold the law. To this end, the FBI will vigorously pursue civil rights violations.”
The indictment charges Winkle with nine felony offenses, Gibson with one felony offense, and Krejsa with two felony offenses. Winkle is charged with depriving four arrestees of their rights to be free from excessive force (resulting in bodily injury and/or involving the use of a dangerous weapon), in violation of 18 U.S.C. § 242, and writing false reports about his use of force against those four arrestees and two additional arrestees, in violation of 18 U.S.C. § 1519. According to the indictment, Winkle’s actions resulted in one of these arrestees suffering serious injuries and another arrestee being knocked unconscious.
Gibson is charged with one count of violating 18 U.S.C. § 242 for depriving an arrestee of his right to be free from excessive force by stomping on and delivering knee strikes to the arrestee’s head, which resulted in bodily injury and involved the use of a dangerous weapon.
Krejsa is charged with two counts of violating 18 U.S.C. § 1519 for writing false reports related to two of Winkle’s excessive force incidents. According to the indictment, on one occasion, Krejsa minimized the level of force used by Winkle during one arrest, and, on another occasion, falsely represented that a different Muncie Police Department sergeant cleared Winkle of his use of force when it was actually Krejsa who conducted that review.
The maximum penalties for the charged crimes are 10 years of imprisonment for each of the deprivation-of-rights offenses and 20 years of imprisonment for each of the false report offenses.
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.
The Federal Bureau of Investigation conducted the investigation. Trial Attorneys Mary J. Hahn and Katherine G. DeVar of the Civil Rights Division and Assistant United States Attorney Nicholas J. Linder are prosecuting the case.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to identify, investigate, and prosecute criminal civil rights violations, including those perpetrated by law enforcement officers. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 7.1.
Three Muncie Police Officers Indicted for Using Excessive Force and Attempting to Cover It UpRead the Press Release
A federal grand jury in Indianapolis, Indiana, returned a 12-count indictment against two officers – Joseph Chase Winkle, 34, and Jeremy Gibson, 30 – and one sergeant, Joseph Krejsa, 50, of the Muncie Police Department for their roles in using excessive force against arrestees and attempting to cover up the misconduct. Wednesday’s indictment was announced today by Assistant Attorney General Eric Dreiband for the Department of Justice’s Civil Rights Division, U.S. Attorney Josh Minkler for the Southern District of Indiana, and FBI Indianapolis Acting Special Agent in Charge Alex Middleton.
The indictment charges Winkle with nine felony offenses, Gibson with one felony offense, and Krejsa with two felony offenses. Winkle is charged with depriving four arrestees of their rights to be free from excessive force (resulting in bodily injury and/or involving the use of a dangerous weapon), in violation of 18 U.S.C. § 242, and writing false reports about his use of force against those four arrestees and two additional arrestees, in violation of 18 U.S.C. § 1519. According to the indictment, Winkle’s actions resulted in one of these arrestees suffering serious injuries and in another arrestee being knocked unconscious.
Gibson is charged with one count of violating 18 U.S.C. § 242 for depriving an arrestee of his right to be free from excessive force by stomping on and delivering knee strikes to the arrestee’s head, which resulted in bodily injury and involved the use of a dangerous weapon.
Krejsa is charged with two counts of violating 18 U.S.C. § 1519 for writing false reports related to two of Winkle’s excessive force incidents. According to the indictment, on one occasion, Krejsa minimized the level of force used by Winkle during one arrest, and, on another occasion, falsely represented that a different Muncie Police Department sergeant cleared Winkle of his use of force when it was actually Krejsa who conducted that review.
The maximum penalties for the charged crimes are 10 years of imprisonment for each of the deprivation-of-rights offenses and 20 years of imprisonment for each of the false report offenses.
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.
The Federal Bureau of Investigation conducted the investigation. Trial Attorneys Mary J. Hahn and Katherine G. DeVar of the Civil Rights Division and Assistant United States Attorney Nicholas J. Linder are prosecuting the case.
Putnam County man sentenced to 10 years in prison for drug offenseRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today that Anthony W. Burnett, 29, of Fillmore, Indiana was sentenced to 10 years in federal prison by U.S. District Judge Jane Magnus-Stinson. Burnett possessed a large amount of methamphetamine that was located during a traffic stop by a Putnam County Sheriff’s Deputy. Burnett pleaded guilty to Possession with Intent to Distribute Methamphetamine.
“Methamphetamine has a devastating impact on all communities in this district, but especially rural communities like Putnam County,” said Minkler. “The U.S. Attorney’s Office is committed to prosecuting individuals who are responsible for supplying this poison to the community.”
This case was the result of an investigation by the Putnam County Sheriff’s Office and the Drug Enforcement Administration (DEA).
DEA Indianapolis District Office Assistant Special Agent in Charge, Michael Gannon said, “The 10 year federal prison sentence for Mr. Burnett was just and necessary for the citizens of Indiana. People like Mr. Burnett who sell crystal methamphetamine (poison) must be held accountable for their actions. DEA will continue to utilize all available resources to investigate and arrest drug dealers who are making money by preying on people with substance abuse issues. DEA remains committed to working hand in hand with our state, local and federal partners and targeting those who are flooding our state and country with methamphetamine. DEA commends the outstanding work that was done in this investigation by the Putnam County Sheriff’s Office and the United States Attorney’s Office, Southern District of Indiana.”
“We are extremely pleased with the outcome of this case, and want to thank the U.S. Attorney’s Office for their diligence in pursuing and securing a lengthy sentence,” said Putnam County Sheriff Scott Stockton. “Working with our federal partners benefited the citizens of Putnam County today. We look forward to a continued relationship for years to come.”
According to Assistant United State Attorney Kyle M. Sawa, who prosecuted this case for the government, Burnett will serve five years of supervised release following his imprisonment and must pay a $1,000 fine.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting those individuals who distribute a large amount of methamphetamine in the Southern District of Indiana. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 3.3.
Phil Nichols and Jess Neal of Muncie, Indiana, indicted on corruption-related chargesRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today that the former Chairman for a political party in Delaware County, Indiana, Phil Nichols, and a Sergeant for the Muncie Police Department, Jess Neal, have been indicted on charges of conspiracy to commit wire fraud, wire fraud, and witness tampering. Nichols and Neal join defendants Debra Nicole Grigsby (“Nikki Grigsby”), the former District Administrator for the Muncie Sanitary District, and Tony Franklin, the owner of Franklin Building, and Design, LLC, Muncie, Indiana, who were initially indicted in July 2019 on charges of conspiracy to commit wire fraud, wire fraud, making false statements, and falsification of documents in a federal investigation.
The arrests are part of a multi-year-long and ongoing investigation by the United States Attorney’s Office and the Federal Bureau of Investigation into payment for public works projects in Muncie. The investigation has resulted in the following federal cases:
United States v. Craig Nichols, 17-CR-0021-TWP-DML
United States v. Tracy Barton, 18-CR-284-JMS-DLP
United States v. Jeff Burke, 18-CR-285-SEB-DLP
United States v. Rodney Barber, 19-CR-190-JMS-DML
United States. v. Debra Nicole Grigsby and Tony Franklin, 19-CR-231 JRS-DLP
Nichols, 73, and Neal, 53, of Muncie, Indiana, were arrested Thursday morning and will have their initial appearance Thursday afternoon in the federal courthouse in Indianapolis.
“Public servants need to serve the public instead of serving themselves,” said Minkler. “When someone betrays the public’s trust by stealing tax dollars for personal enrichment, my office will identify, investigate and, if the evidence supports a charge, prosecute the individual who violates that sacred trust.”
As set forth in the Superseding Indictment, Nichols served as the Chairman for a political party in Delaware County from approximately 1990 through approximately 1998. Though Nichols had no official leadership position or title within the political party after approximately 1998, Nichols maintained a private office at the political party’s headquarters, and continued to exert influence and control over multiple official acts performed by certain Muncie public officials.
Neal has been a long time Sergeant in the Muncie Police Department, and is also the owner of Red Carpet, Inc. and Express Properties, LLC.
“Public corruption is a significant priority for the FBI. Crimes of this nature are something we take very seriously, because those who exploit their official position for personal gain undermine public trust and confidence,” said Acting Special Agent in Charge Robert Middleton, FBI Indianapolis. “Today’s indictment and arrest of Phil Nichols and Jess Neal is just one more step in seeking to bring to justice those who have victimized the hard-working, tax paying residents of Muncie.”
According to Assistant U.S. Attorney Tiffany J. Preston who is prosecuting this case for the government, Nichols and Neal face up to 20 years’ imprisonment if convicted of all charges.
An indictment is only a charge and not evidence of guilt. All parties are presumed innocent until proven otherwise in federal court.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting large- scale fraud schemes that warrant federal resources and arrest those who abuse their positions of trust. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 5.3.
United States Attorney’s Office launches review of Indiana polling places for compliance with the Americans with Disabilities ActRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today that his office has launched a review of all polling places in the Southern District of Indiana to determine if they are in compliance with the Americans with Disabilities Act (ADA) of 1990. The initiative is in accordance with the federal government’s congressionally-mandated responsibility to review compliance with the ADA. It is not in response to any specific complaint against a county or individual polling location.
“This year marks the 30th anniversary of the Americans with Disabilities Act. Indiana counties have had more than enough time to ensure that their polling places provide full access to individuals with disabilities,” said Minkler “Hoosiers in the Southern District of Indiana, that have a disability, deserve equal access to polling places and we are committed to making sure that they have it in time for the 2020 election.”
As part of the review, election officials in Indiana’s southern sixty counties are being asked to complete survey questions pertaining to polling place accessibility in their county. Investigators may then conduct on-site inspections to confirm survey responses and to evaluate compliance with federal ADA regulations. Counties found to be non-compliant will have the option of resolving issues informally, and if that effort fails, entering into a Voluntary Compliance Agreement with the government, whereby they voluntarily agree to upgrade their facilities, and address issues in order to meet ADA requirements before the November 2020 election.
Counties found to be engaging in a pattern or practice of discrimination, or that fail to enter into Voluntary Compliance Agreements, may face a civil lawsuit brought by the government and/or be subject to penalties, including monetary penalties and civil fines.
The ADA prohibits discrimination on the basis of disability in all programs, activities, and services provided by public entities. The ADA requires that public entities provide voting facilities that are accessible to people with disabilities.
Any citizen with polling place concerns in the Southern District of Indiana is encouraged to contact Assistant United States Attorney Jeffrey D. Preston, Civil Rights Coordinator, at 317-226-6333.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant challenges. This initiative demonstrates the office’s firm commitment to maintaining a robust program of promoting and enforcing federal civil rights laws. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 7.3 and 7.4.
Department of Justice charges unprecedented number of elder fraud defendants nationwide and launches hotlineRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler joined Attorney General William P. Barr, FBI Director Christopher A. Wray, and Chief Postal Inspector Gary R. Barksdale today in announcing the largest coordinated sweep of elder fraud cases in history. This year, prosecutors charged more than 400 defendants, far surpassing the 260 defendants charged in cases as part of last year’s sweep. In each case, offenders allegedly engaged in financial schemes that targeted or largely affected seniors. In total, the charged elder fraud schemes caused alleged losses of over a billion dollars.
“Americans are fed up with the constant barrage of scams that maliciously target the elderly and other vulnerable citizens,” said Attorney General William P. Barr. “This year, the Department of Justice prosecuted more than 400 defendants, whose schemes totaled more than a billion dollars. I want to thank the men and women of the Department’s Consumer Protection Branch, which coordinated this effort, and all those in the U.S. Attorneys’ Offices and Criminal Division who worked tirelessly to bring these cases. The Department is committed to stopping the full range of criminal activities that exploit America’s seniors.”
“When the elderly are defrauded, not only has their trust been violated, but it causes a significant financial hardship, and these losses can be devastating to them,” said Minkler. “We are committed to holding the perpetrators of elder fraud schemes accountable and ensuring our elderly citizens receive the protection they deserve.”
For further information on elder fraud cases highlighted in this sweep within the Southern District of Indiana, as well as across the country, please see the interactive map located at the following link: https://www.justice.gov/civil/elder-fraud-sweeps-2020.
Attorney General Barr also announced the launch of a National Elder Fraud Hotline, which will provide services to seniors who may be victims of financial fraud. The Hotline will be staffed by experienced case managers who can provide personalized support to callers. Case managers will assist callers with reporting the suspected fraud to relevant agencies and by providing resources and referrals to other appropriate services as needed. When applicable, case managers will complete a complaint form with the Federal Bureau of Investigation Internet Crime Complaint Center (IC3) for Internet-facilitated crimes and submit a consumer complaint
to the Federal Trade Commission on behalf of the caller. The Hotline’s toll free number is 833-FRAUD-11 (833-372-8311).
These outreach efforts have helped to prevent seniors from falling prey to scams and have frustrated offenders’ efforts to obtain even more money from vulnerable elders.
Employee sentenced to federal prison for defrauding former employerRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today Sandra M. Urich, 54, Indianapolis, was sentenced in federal court for her role in a scheme to steal over $770,000 from her Indianapolis-based employer. Urich was sentenced to 27 months in federal prison by U.S. District Court Judge James R. Sweeney II.
“Businesses must be able to trust their employees,” said Minkler. “This case should serve as a reminder that those who steal from their employer by exploiting that trust, must be, and will be, held accountable.”
For almost 20 years, Urich was a trusted employee who handled order processing and payments for an Indianapolis business that manufactured and distributed products throughout the United States.
In 2011, Urich began secretly diverting customers’ credit card payments to her personal bank accounts. After receiving a customers’ credit card order, Urich would process “refunds” for certain orders. Instead of refunding the money to the customer’s credit card account, she entered her personal debit card numbers so the money was “refunded” to her personal bank accounts.
Urich’s scheme went undetected until the company uncovered her fraud in 2019. Over several years, Urich had taken multiple steps to cover her tracks. For instance, while she ensured that customers actually received the products they ordered, she also erased any reference to the customers’ orders she stole in the company’s shipping and accounting systems.
She would offer discounts to customers if they paid for shipping costs, to avoid the company incurring shipping costs for stolen orders that had been erased from the system.
To avoid detection, she stole relatively small amounts at a time, often just a few hundred dollars, and used specific dollar figures so as to not raise suspicions with the banks and credit card companies.
In over seven years, Urich diverted customer credit card payments nearly 1,000 times, and stole $771,927.04, which she spent largely on personal meals, clothing, and vacations.
This case was investigated by the Federal Bureau of Investigation and the Indianapolis Metropolitan Police Department.
“Ms. Urich abused her position of trust for one reason – simple greed. The fraud scheme she perpetrated not only jeopardized her employer’s business and reputation, but unsuspecting customers whose money she pocketed over the years,” said Special Agent in Charge, Grant Mendenhall, FBI Indianapolis. “This sentence sends a clear message that such illegal practices will not be tolerated. The FBI and our law enforcement partners will continue to aggressively pursue individuals who steal from honest, hardworking Americans.”
According to Assistant United States Attorney Nick Linder, who prosecuted the case for the government, Urich was sentenced to 27 months imprisonment, ordered to pay $771,927.04 in restitution, and serve 2 years of supervised release.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting complex, long-running fraud schemes. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 5.1.
Indianapolis man with a domestic violence conviction charged with illegal possession of firearmRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today, Donte Swinton, 25, Indianapolis, who on February 5, 2020 exited his vehicle and pointed what appeared to be an AR-15 style weapon, at an Indianapolis Metropolitan Police Department detective, was charged today with possession of a firearm after having been convicted of a misdemeanor domestic violence offense.
“Keeping our communities safe from violent criminals remains a top priority at the U.S. Attorney’s Office,” said Minkler. “Those individuals arrested and released by our criminal justice system who continue to wreak havoc on society by pointing a firearm directly at another person, which in this case was an IMPD officer, are on notice: you will be arrested, convicted, and go to federal prison.”
According to the criminal complaint, Indianapolis Metropolitan Police Department (IMPD) detectives were in the 2100 block of E. New York Street, Indianapolis, conducting covert surveillance due to a recent increase in armed street robberies. One IMPD detective was in an undercover police vehicle monitoring activity in the area when he observed a silver Mercury sedan slowly drive by his location and stop in his vicinity. A Dodge pickup truck then pulled up next to the sedan and the occupants began talking.
The truck then pulled in front of the detectives’ vehicle and the sedan pulled up next to the detectives’ vehicle blocking it in. The occupant of the sedan began to yell at the detective. The detective thought the situation was about to turn into a robbery and that the person yelling was attempting to get him to exit his vehicle. The detective immediately requested assistance. The sedan backed up and pulled directly behind the detective’s vehicle while the pickup began to reverse towards the front of the officer’s vehicle in an attempt to “pin” the detective’s vehicle in place.
The driver of the sedan exited the sedan holding what appeared to be an AR-15 style rifle and pointed it directly at the detective. The detective was able to maneuver around the pickup truck and move from his location.
Another IMPD officer arrived on scene as the detective was maneuvering around the pickup. The backup officer drew his weapon and identified himself. The individual threw his firearm he was holding into the sedan. Other officers arrived on scene and were able to take the individual into custody and detain two passengers who were inside of the sedan. The individual driving the sedan, and who pointed the firearm at the officer, was identified as Donte Swinton.
Agents inspected the weapon alleged to have been possessed by Swinton and determined it was an Anderson Manufacturing 5.56, AR-15 style, semi-automatic pistol. The firearm was loaded with a thirty-round capacity magazine, with twenty-nine rounds in the magazine itself, and one in the chamber.
In 2017, Swinton was convicted of domestic battery by bodily waste in Marion Co., Ind. Swinton was sentenced to 365 days in jail with 327 days suspended and was to complete twenty six (26) weeks of domestic violence counseling. With this conviction, the court made a specific finding that Swinton had committed a crime of domestic violence, and as a result Swinton lost the right to possess a firearm and or ammunition.
A further check of Swinton’s criminal history revealed that he is currently on pre- trial release in two separate cases in Marion County Superior Court. On February 17, 2018, Swinton was charged with unlawful possession of a firearm by a domestic batterer, possession of a narcotic drug, maintaining a common nuisance, dealing in marijuana, and possession of marijuana. Additional, on May 1, 2019, Swinton was charged with obstruction of justice, a felony, and possession of marijuana.
This case was the result of an investigation by the Indianapolis Metropolitan Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to Assistant United States Attorney Jayson McGrath, who is prosecuting this case for the government, Swinton faces up to 10 years’ imprisonment, a $250,000 fine, and up to three years of supervised release.
An indictment is only a charge and not evidence of guilt. All defendants are presumed innocent until proven otherwise in federal court.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to targeting the District’s most violent geographic areas for the adoption of reactive federal drug and firearm prosecutions. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.2.
Crime Gun Intelligence Center investigations net separate federal firearm and drug chargesRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today, Donald Rudolph, 22, and Dorian Hayden, 24, both of Indianapolis, are currently in federal custody following federal charges for illegal possession of firearms and narcotics.
“It is a top priority of my office and federal law enforcement to work with state and local law enforcement to identify, investigate and eliminate those who are infecting our community with drugs, illegally possessing guns and perpetuating violence.” said Minkler. “Through the outstanding work by the officers at CGIC, that is exactly what happened in these two cases.”
According to the complaint filed against Donald Rudolph, on February 5, 2020, officers with the Indianapolis Metropolitan Police Department (IMPD) conducted a traffic stop for traffic violations on I-65 in Marion County, Ind. The driver was identified as Donald Rudolph. Rudolph had active outstanding warrants out of Marion County for drug violations and Hamilton County, Ind. for probation violation.
Officers detected a strong odor of suspected burnt marijuana coming from the vehicle. In the course of their investigation, the officers found suspected marijuana, a large amount of U.S. currency, a loaded semi-automatic handgun, and ammunition that belonged to Rudolph. IMPD officers arrested Rudolph on the outstanding warrants, possession of marijuana, and carrying a handgun without a permit.
Rudolph is in federal custody and was charged with two federal charges:
- Possession of a Firearm by Fugitive from Justice
- Possession of a Firearm by Unlawful User of Controlled Substance
According to the complaint filed against Dorian Hayden, on February 13th, 2020, investigators with the Crime Gun Information Center were conducting surveillance on a residence they were about to serve a search warrant on. The search warrant was for an ongoing narcotics investigation into the suspected drug trafficking activities of Dorian Hayden.
During their surveillance and before the search warrant was served, officers noticed Hayden and another male exit the residence and enter a vehicle that Hayden is known to drive. Hayden, who has a suspended driver’s license, drove the vehicle away from the residence and shortly after driving away, uniformed officers made a traffic stop on the vehicle due to Hayden’s suspended license.
Officers identified the driver as Hayden and quickly noticed a semiautomatic handgun in the waistband of Hayden’s pants. While removing the handgun, a second handgun was observed and removed from Hayden’s pants pocket.
Investigators returned back to the residence and joined other officers to execute the search warrant. Officers located approximately 3.5 pounds of suspected methamphetamine, several ounces of suspected heroin, several pills suspected to be controlled substances, several grams of suspected marijuana, digital scales and other products associated with drug trafficking activities, a currency counter and over $38,000, and another semiautomatic handgun.
IMPD officers arrested Hayden for dealing in a narcotic, possession of a narcotic, dealing methamphetamine, possession of methamphetamine, dealing in marijuana, and possession of marijuana.
Hayden is in federal custody and was charged with the following federal charges:
- Possession with Intent to Distribute Controlled Substance
These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Indianapolis Metropolitan Police Department.
For more information about Project Guardian, please see: https://www.justice.gov/projectguardian
According to Assistant United States Attorney Jayson McGrath who is prosecuting the case for the government, Donald Rudolph faces up to 120 months’ imprisonment followed by three years of supervised release.
According to Assistant United States Attorney Michelle Brady who is prosecuting the case for the government, Dorian Hayden faces up to life imprisonment followed by five years of supervised release.
An indictment is only a charge and not evidence of guilt. All defendants are presumed innocent until proven otherwise in federal court.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to targeting the District’s most violent geographic areas for the adoption of reactive federal drug and firearm prosecutions. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.2.
Carmel man indicted for using PayPal and eBay to gain $2,000,000 by fraudRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today, Tuong Quoc Ho, 32, Carmel, Ind., was indicted by a federal grand jury for an elaborate scheme to defraud businesses, consumers, suppliers, financial institutions, credit card holders, credit card companies, and identity theft victims for personal monetary gain. The indictment contains 28 federal offenses including wire fraud, aggravated identity theft, credit card fraud, money laundering, and other federal offenses.
“Fraud cannot and will not be tolerated at any cost, especially when it involves identity theft,” said Minkler. “This can devastate people’s credit, which often times takes them years to repair. This office is committed to prosecuting such crimes to the fullest extent of the law. Today Mr. Ho’s streak of fraud and identity theft comes to an end.”
According to court documents, Ho and others overseas allegedly obtained personal information from the internet of hundreds of persons located throughout the United States and worldwide. He then allegedly used this information to fraudulently open PayPal and eBay accounts. He would then link his personal bank accounts to these PayPal accounts to receive and transfer money. There were over 500 PayPal accounts linked to Ho’s personal bank accounts.
The indictment further alleges that Ho and others used the eBay accounts to advertise and sell a variety of items that were purchased with stolen credit card information from thousands of individuals.
The indictment further alleges that Ho used the personal information he obtained of others to generate and submit to PayPal fraudulent documents in the names of those other persons, including identification documents (driver’s licenses, passports, social security cards), proof of address documents (utility bills, bank statements), and proof of sales documents (invoices, receipts). This was intended to mislead PayPal about the identity of the person who opened and maintain the accounts, as well as the true source of the items being sold on eBay.
Finally, the indictment alleges that proceeds from eBay sales totaling over $2 million, flowed through to the PayPal accounts. Ho then wired money to family and friends in Vietnam, and used the money for personal expenses, including the purchase of his home in Carmel.
This case is the result of an investigation by the Carmel Police Department, Federal Bureau of Investigation, and the United States Postal Inspection Service.
“These charges are the result of a complex international investigation conducted jointly by FBI Indianapolis’ Cyber Intrusion Program and the Carmel Police Department working in partnership to put an end to Mr. Ho’s illegal activity that targeted hundreds of victims,” said Special Agent in Charge Grant Mendenhall, FBI Indianapolis. “Identity theft wreaks havoc on the lives of legitimate consumers and can cause them to spend countless hours trying to clear their names. This arrest highlights the FBI's commitment to work with our law enforcement partners to continue an aggressive fight against individuals who carry out these schemes.”
“This case began in October of 2018,” said Carmel Police Department Major Charlie Harting. “Dedicated detectives and special agents from the Carmel Police Department and the FBI collaborated together to put the pieces of the investigative puzzle together that touched points on the other side of the world. The hard work of the detectives, special agents, and U.S. Attorney’s office is a great example of local and federal partnership working together for the good of our community and the country.”
“Postal Inspectors investigate any fraud in which the U.S. Mail is used, even if the scheme originally started over the phone or through the Internet.” said Inspector-in-Charge Ed Gallashaw, USPIS Indianapolis. “ Being the law enforcement and security arm of the U.S. Postal Service, the Postal Inspection Service works with federal, state, and local law enforcement partners to enforce fraud statutes to the maximum extent possible against those who seek to separate postal customers from their money. The indictment secured in this investigation is a perfect demonstration of how that team work helps us protect our customers and safeguard our communities.”
According to Assistant United States Attorneys MaryAnn T. Mindrum and James M. Warden, who are prosecuting this case for the government, defendant faces up to 20 years’ imprisonment, 3 years of supervised release, and a maximum fine of $250,000.
An indictment is only a charge and not evidence of guilt. All defendants are presumed innocent until proven otherwise in federal court.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to prioritize the investigation and prosecution of complex, large scale fraud schemes that warrant federal resources and expertise, particularly those that are perpetrated by career fraudsters involving the use of bogus access devices and identity fraud. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 4.5 and 5.1.
Ring leader of racketeering and money laundering conspiracy sentenced to 108 months in federal prisonRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today, Saul Rodriguez-Soto, 39, Indianapolis, was sentenced to 108 months in federal prison, by U.S. District Judge James R. Sweeney, in the federal courthouse in Indianapolis, for charges of racketeering and money laundering.
“Bulls Auto Enterprise was a criminal organization whose leader used his business as a sanctuary to perpetrate an elaborate and interrelated scheme to launder money and affect interstate commerce,” said Minkler. “Our message to other businesses whose model is to operate and profit from the illegal drug trade is simple. We stand ready to enforce federal laws to shut your business down and move you to the Federal Bureau of Prisons.”
Saul Rodriguez-Soto operated SR Bulls Auto Sales LLC located at 2302 E. Washington Street, Indianapolis, Indiana; Bulls Auto Sales II Inc. located at 3919 W. Washington Street, Indianapolis, Indiana; and Chicago Auto Sales LLC located at 2233 E. Washington Street, Indianapolis, Indiana. Rodriguez-Soto, SR Bulls Auto Sales LLC, Bulls Auto Sales II Inc. and Chicago Auto Sales LLC were members and associates of the Bulls Auto Enterprise, a criminal organization whose members and associates engaged in money laundering and other criminal violations.
The objectives of Rodriguez-Soto and the Bulls Auto Enterprise included funding the business through, among other things, money laundering, attempted currency reporting violations, and currency reporting violations for financial gain. Rodriguez-Soto and the Bulls Auto Enterprise engaged in financial transactions with the proceeds of illegal drug trafficking. Specifically, drug traffickers would purchase vehicles from the Bulls Auto Enterprise using drug proceeds. Rodriguez-Soto concealed the ownership of those vehicles by titling the vehicles in another individual’s name and avoid the currency reporting requirements.
Rodriguez-Soto was the organizer and manager of the Bulls Auto Enterprise. Toward that end, he taught others in the enterprise to knowingly avoid the currency reporting requirements and to falsify the car sales paperwork on cars knowingly sold to drug traffickers, so as to conceal the actual purchaser of the car and to inaccurately reflect that there were liens on the cars sold to drug traffickers.
Others involved in the Bulls Auto Enterprise have already been sentenced or are a wanted fugitive.
- Alejandro Rodriguez Soto sentenced June 7th, 2019 to five months’ imprisonment and three years’ supervised release.
- Abel Rodriguez sentenced September 13th, 2019 to 18 months’ imprisonment and three years’ supervised release.
- Jasmin Kay Pottorff sentenced October 4th, 2018 to time served and three years’ supervised release.
- Octavio Mojica Gutierrez sentenced August 9th, 2019 to 92 months’ imprisonment and three years’ supervised release.
- Juan Rodriguez is a wanted fugitive.
This case was the result of an investigation by the Internal Revenue Service, Indianapolis Metropolitan Police Department, Indiana State Police, Homeland Security Investigations and the Federal Bureau of Investigation.
“The laundering of illegal drug profits is as important and essential to drug traffickers as the distribution of their illegal drugs,” said Kathy Enstrom, IRS-CI Special Agent in Charge, Chicago Field Office. “Today’s sentencing reinforces that IRS Criminal Investigation is dedicated to finding individuals who are involved in these laundering schemes and holding them responsible. We would like to thank the United States Attorney’s Office and our law enforcement partners at Indianapolis Metropolitan Police Department, Indiana State Police, Homeland Security Investigations, and the Federal Bureau of Investigation for their hard work and cooperation in this investigation.”
“To disrupt the sale of illegal drugs, that often is the impetus for violence, the Indianapolis Metropolitan Police Department and our law enforcement partners will continue to use focused law enforcement strategies to identify and hold accountable those contributing to these types of criminal enterprises,” said Chief Randal Taylor. “Special thank you to IMPD's investigators and investigators from the Internal Revenue Service, Indiana State Police, Homeland Security Investigations, and the Federal Bureau of Investigations who worked tirelessly on the successful completion of this case.”
“I am extremely proud of the work our investigators conducted in collaboration with their colleagues from the FBI, IRS, Homeland Security Investigations and the Indianapolis Metropolitan Police Department,” said Indiana State Police Superintendent Doug Carter. “The results of this case re-iterate our continued commitment to suppress this type of criminal activity and ultimately hold those who perpetrate these crimes accountable for their actions.”
“With the sentencing of the leader of this group the message is loud and clear – if your business includes enabling drug traffickers to move their product and laundering their dirty money - the FBI and our law enforcement partners will aggressively work to identify you and ensure you pay the price for your fraudulent schemes,” said Special Agent in Charge Grant Mendenhall, FBI Indianapolis.
According to Assistant United States Attorney Michelle Brady, who prosecuted this case for the government, Rodriguez-Soto will serve 108 months imprisonment and three years of supervised release following his sentence.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s commitment to prosecute organizations and individuals distributing cocaine, marijuana, and other controlled substances. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 3.3.
Two Kokomo Men Indicted on Federal Firearms ChargesRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today, Tarik Dordoni, 24, and Xavier Malone, 22, both of Kokomo, Ind., were indicted in separate complaints for unlawful possession of a firearm by a convicted felon. Dordoni was also charged with possession with intent to distribute marijuana and possession of a firearm during a drug trafficking crime. Both had previous felony convictions in Howard County Ind.
"My office has no tolerance for individuals who choose to break the law by selling drugs and illegally possessing firearms," said Minkler. "The U.S. Attorney’s Office is committed to reducing gun violence through its Project Guardian initiative. We are grateful to our collaborative partners, the Kokomo Police Department and Bureau of Alcohol Tobacco Firearms and Explosives who investigated and brought this to our attention."
At around 7:00 p.m. on Sept. 2, 2019, Kokomo Police received a call about shots fired near Studebaker Park in Kokomo, Ind. The suspect vehicle was described as a red pickup truck with black stripes. As officers were arriving to the area of the shooting, they saw a vehicle matching the description. Law enforcement initiated a traffic stop on the vehicle and once the vehicle came to a stop, Malone and Dordoni jumped from the vehicle and fled on foot. Malone was apprehended by officers shortly after he fled.
Kokomo Police K-9 located Dordoni inside a shed located in the backyard of a residence. The K-9 also located a backpack which contained a large bag of suspected marijuana and a loaded handgun.
Kokomo Police Department received a call that a handgun had be located in a yard. The location was close to the area of the shooting and along the route of where the red pickup truck fled. Law enforcement collected the firearm and other evidence from the yard.
This case was investigated by the Kokomo Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
"The Kokomo Police Department appreciates our Federal law enforcement partners at the ATF," said Kokomo Police Department Captain Tonda Cockrell. "KPD is diligently investigating crimes involving the use of firearms in our community, especially those cases where children are placed in harm’s way. We will utilize our partnership with Federal Law Enforcement and the AUSA to ensure maximum penalties are sought for those individuals who choose to bring gun violence to the streets of Kokomo."
According to Assistant United States Attorney Lawrence D. Hilton who is prosecuting this case, Tarik Dordoni faces a maximum of life imprisonment if convicted. Xavier Malone faces a maximum sentence of 10 years if convicted.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Kokomo Police Department and the Bureau of Alcohol Tobacco Firearms and Explosives. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
An indictment is only a charge and not evidence of guilt. All defendants are presumed innocent until proved otherwise in federal court.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to targeting the District’s most violent geographic areas for the adoption of reactive federal drug and firearm prosecutions. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.2.
Members of Anderson and Indianapolis drug trafficking organization indicted by federal grand juryRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced federal charges against five individuals, who are alleged to have operated a drug trafficking organization, in Anderson, Ind. and Indianapolis. The defendants were indicted on charges of conspiracy to possess with intent to distribute methamphetamine and marijuana, distribution of methamphetamine and marijuana, and unlawful use of a communication facility.
“The U.S. Attorney’s Office is committed to identifying and removing violent drug traffickers who have infested our neighborhoods,” said Minkler. “People who choose to earn a livelihood by peddling poison into our communities, will be targeted, and prosecuted to the full extent of the law.”
Those charged federally include:
Charles House, 37, Anderson, Ind.
Sean Brown, 25, Anderson, Ind.
Tommy Compton, 39, Indianapolis
Marcus Hayes-Patterson, 34, Anderson, Ind.
Gregory Hendricks, 34, Anderson, Ind.
In October 2018, the Madison County Drug Task Force initiated an investigation into Charles House’s drug trafficking organization. House traveled to California to purchase narcotics and then mailed the narcotics to multiple addresses in Anderson with connections to House. The drugs were then redistributed by co-conspirators Brown, Hayes-Patterson, and Hendricks in Anderson. Compton was House’s Indianapolis source of supply for marijuana. Defendants facilitated their drug trafficking activities through the use of cellular phones and often used code words to try to conceal their illegal activities.
This case was investigated by the Federal Bureau of Investigation, United States Postal Inspection Service, Internal Revenue Service Criminal Investigation, Anderson Police Department, Madison County Drug Task Force, and Muncie Police Department.
“These individuals thought they were above the law and could run their drug trafficking organization without any consequences. These arrests send a strong message that there is zero tolerance for those who bring dangerous drugs into our communities,” said Special Agent in Charge Grant Mendenhall, FBI Indianapolis. “It should also send a very clear message that the FBI and our law enforcement partners aren’t going anywhere - we will continue our collaborative efforts to identify and dismantle criminal enterprises anywhere in the state of Indiana and hold those involved accountable.”
“These arrests should serve notice to those willing to engage in similar criminal activity that the Anderson Police Department and our federal, state and local partners will work relentlessly to rid our community of nefarious influences by seeking federal jurisdiction on cases when applicable,” said Chief Jake Brown, Anderson Police Dept. “By seeking prosecution of drug dealers at a federal level, the citizens of Anderson will get more ‘bang for their buck’. Our residents can rest easier knowing that we are committed to creating a safe environment, and we will continue to identify, investigate, and prosecute individuals responsible for the sale and distribution of dangerous narcotics in Anderson and surrounding areas.”
“The indictment of these individuals underscores the successful teamwork between the U.S. Postal Inspection Service and its local, state, and federal law enforcement partners as we continue to pursue traffickers of all narcotics,” said Ed Gallashaw, Inspector in Charge, Detroit Division. “The Inspection Service’s objective in these investigations is to protect the mail system from being used for criminal purposes and to help protect postal employees and customers from coming in contact with dangerous substances, and the charges leveled against this drug trafficking organization have brought us one step closer to fulfilling that objective.”
According to Assistant United States Attorney Lindsay E. Karwoski, who is prosecuting this case for the government, House and Brown face up to life in prison if convicted. Hendricks faces up to 40 years imprisonment if convicted. Hayes-Patterson and Compton face up to 20 years imprisonment if convicted.
An indictment is only a charge and not evidence of guilt. All defendants are considered innocent until proven otherwise in federal court.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to utilizing OCDETF to target, investigate, and prosecute organizations that supply and distribute methamphetamine, marijuana, and other controlled substances in the District. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 3.1 and 3.3.
Indiana, Kentucky drug trafficking organization dismantledRead the Press Release
Evansville – United States Attorney Josh J. Minkler announced federal charges against 17 individuals, who are alleged to have operated a drug trafficking organization, some of whom are members and associates of the Evansville Grim Reapers Motorcycle Club, for bringing large quantities of methamphetamine into Evansville, Ind. and surrounding areas. The defendants were indicted on charges of conspiracy to distribute methamphetamine, distribution of methamphetamine, possession of methamphetamine, and multiple firearms related charges.
“The U.S. Attorney’s Office is committed to making the Southern District of Indiana the most inhospitable place to sell methamphetamine and other dangerous drugs,” said Minkler. “Those organizations and individuals, who choose to peddle drugs into our neighborhoods, will be prosecuted fully under federal law.”
Those charged federally include:
Central Holman IV, 28, Owensboro, Ky.
Gary Wayne Forston, 39, Evansville, Ind.
Jason Wilson, 42, Evansville, Ind.
Adam Lafferty, 38, Evansville, Ind.
Shane Lewis, 32, Evansville, Ind.
James Benton, 66, Evansville, Ind.
Brian Eden, 40, Evansville, Ind,
Paul Overby, 45, Evansville, Ind.
Kimberly Wilson, 37, Evansville, Ind.
Jesse Wilson, 34, Evansville, Ind.
Matthew Meredith, 40, Evansville, Ind.
Clarence Grubbs, 48, Evansville, Ind.
Daniel Wiscaver, 61, Winslow, Ind.
April Martin, 45, Evansville, Ind.
Derek Sander, 48, Evansville, Ind.
Demoreal Killebrew, 21, Owensboro, Ky.
Prince Moss, 34, Owensboro, Ky.
Central Holman IV is alleged to be the source of supply of methamphetamine for the conspiracy. Gary Forston and Jason Wilson are alleged to be the leaders and supervisors of the conspiracy to distribute and possess with the intent to distribute methamphetamine. Forston and Jason Wilson are charged with obtaining large quantities of methamphetamine from Holman for distribution. After acquiring the methamphetamine, Forston and Jason Wilson are charged with distributing the methamphetamine to mid-level distributors, which included Adam Lafferty, Shane Lewis, James Benton, Brian Eden, Paul Overby, Kimberly Wilson, Jesse Wilson, Matthew Meredith, Clarence Grubbs, Daniel Wiscaver, and April Martin. The mid-level distributors are charged with distributing the methamphetamine to low-level distributors or users.
Demoreal Killebrew and Prince Moss are charged with conspiring to distribute over 500 grams of methamphetamine and distributing methamphetamine.
Various residences and properties in Evansville, Ind., including the Grim Reaper Motorcycle Club Clubhouse, and Owensboro, Ky., are alleged to have been used by the defendants to store methamphetamine, firearms, and United States currency generated from the sale and distribution of methamphetamine.
The charges come as a result of a months-long investigation by multiple federal and local law enforcement agencies. Through the course of the investigation, and as a result of multiple search warrants executed in November 2019, including at the Grim Reapers Motorcycle Club Clubhouse and elsewhere, authorities seized over ten pounds of methamphetamine, 23 firearms, and a large amount of United States Currency.
Jason Wilson was arrested on June 15, 2019. Holman and Forston were arrested on November 19, 2019. Lafferty, Lewis, Benton, Meredith, Martin, and Sander were arrested on January 22, 2020. Wiscaver was taken into federal custody on January 27, 2020. Killebrew was arrested on January 30, 2020. Eden was taken into federal custody on January 31, 2020.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, Federal Bureau of Investigation, Evansville Police Department, Vanderburgh County Sheriff’s Office, Indiana State Police, Owensboro Police Department, Warrick County Sheriff’s Office, Pike County Sheriff’s Office, Vanderburgh County Prosecutor’s Office, Warrick County Prosecutor’s Office, Pike County Prosecutor’s Office, and Posey County Prosecutor’s Office.
Kimberly Wilson and Jesse Wilson have not been arrested and are currently fugitives. Anyone with information on the whereabouts of Kimberly Wilson and Jesse Wilson should contact the Evansville Bureau of ATF at (800) ATF-GUNS.
“The individuals arrested during this complex investigation were responsible for transporting large quantities of methamphetamine from Owensboro, Kentucky to Evansville, Indiana,” said DEA Assistant Special Agent in Charge Michael Gannon. “Throughout the course of this investigation, agents seized approximately 30 pounds of methamphetamine, 22 firearms, and arrested 17 defendants. DEA commends the outstanding work that was done by our federal, state, and local partners, as well as the United States Attorney’s Offices in both the Southern District of Indiana and the Western District of Kentucky. This was clearly a first-class collaborative effort.
Today was a big win! Taking this much methamphetamine and firearms off the streets is huge. It is important for drug traffickers to know that DEA and our partners are not going to sit back and let criminal organizations such as the Grim Reapers Motorcycle Club, arm themselves with an array of weapons, and use fear and intimidation as a platform to distribute methamphetamine onto the fine streets of Evansville, Indiana. Drug traffickers and organizations like this, who prey on people with addiction issues, must be held accountable for their actions. DEA and our partners will utilize all available resources to take investigations to the highest levels and steam roll drug dealers who are peddling garbage into our communities.”
“There is no place in our society for individuals or organizations who use firearms for violent, criminal purposes,” said Jonathan McPherson, Special Agent in Charge of ATF’s Columbus Field Division. “ATF will continue to work with our law enforcement partners in southern Indiana to bring those individuals to justice.”
“We have made it a priority to rid our community of drug dealers and violent actors,” said Evansville Police Chief Billy Bolin. “The arrest of these seventeen individuals is a great example of how our agencies work together as a team. If you are choosing to live this dangerous lifestyle in our community, please know that our team will be looking at you next.”
According to Assistant United States Attorneys Frank E. Dahl III (Southern District of Indiana) and Seth Hancock (Western District of Kentucky) who are prosecuting this case for the government, all of the defendants except Sander face ten years to life imprisonment if convicted. Sander faces up to ten years in prison if convicted.
An indictment is only a charge and not evidence of guilt. All defendants are considered innocent until proven otherwise in federal court.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to utilizing OCDETF to target, investigate, and prosecute organizations that supply and distribute methamphetamine in the District. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 3.1 and 3.3.
Leader of prescription fraud ring sentenced to over 3 years in federal prisonRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today, Brandon Fuller, 27, of Chicago, was sentenced to 40 months in federal prison, by U.S. District Judge James R. Sweeney II, after having pleaded guilty to charges of conspiracy to acquire controlled substances by misrepresentation, conspiracy to commit identification document fraud, and aggravated identity theft.
“Addressing the opioid epidemic is a top priority for the Department of Justice and the U.S. Attorney’s Office,” said Minkler. “We intend to prosecute fully, those individuals who are fraudulently obtaining prescription drugs, and selling them. Too many lives and families are affected and destroyed daily due to opioid drug abuse.”
Brandon Fuller was the leader of a conspiracy to obtain controlled substances – including oxycodone and promethazine – through fraudulent prescriptions and counterfeit driver’s licenses. At his direction, fellow Chicago residents and co-defendants James Trotter, 30, Dazhona Hodge, 24, and Jessica Chevere, 31, obtained and used numerous doctors’ names, DEA registration numbers, and medical license numbers without authorization in order to create fraudulent prescriptions. In addition, the defendants obtained and used counterfeit identifications, including driver’s licenses, together with the fraudulent prescriptions, to obtain controlled substances from pharmacies located in various states. In 2018 and 2019, Fuller and his co-defendants traveled throughout Indiana, including in the Indianapolis area, as well as to other states, to fill fraudulent prescriptions for oxycodone and other controlled substances, together with counterfeit driver’s licenses.
Upon the execution of multiple search warrants, federal agents seized and searched laptops, phones, and electronic accounts from the Fuller, Trotter, and Hodge. The electronic devices contained templates for fraudulent prescriptions, pictures of fraudulent prescriptions, templates for counterfeit driver’s licenses, pictures of counterfeit driver’s licenses, and other evidence showing the production of both fraudulent prescriptions and counterfeit IDs. Fuller’s laptop alone contained information regarding over 150 fraudulent prescriptions for controlled substances between February 2018 and March 2019.
This case was investigated by the Drug Enforcement Administration, with assistance from the Indianapolis Metropolitan Police Department, Indiana State Police, Federal Bureau of Investigation, and the Marion County Prosecutor’s Office.
“The sentencing of Mr. Fuller was just and necessary for the citizens of Indiana,” said DEA Indianapolis District Office Assistant Special Agent in Charge, Michael Gannon. During this high level investigation, Mr. Fuller was identified as a ring leader who manufactured and produced fraudulent prescriptions to multiple states, to include, Indiana, Illinois, Michigan, and Wisconsin. Throughout the course of this investigation, agents identified numerous physicians that Mr. Fuller victimized so he and his associates could illegally obtain Oxycodone, Adderall, and Promethazine with Codeine from pharmacies throughout the United States. In addition, Mr. Fuller conducted these illegal activities while he was on house arrest for previously manufacturing fraudulent prescriptions.”
“Drug trafficking rings like Mr. Fuller’s have been a major concern to law enforcement because they utilize any means necessary to take advantage of physicians and pharmacies in order to obtain controlled substances. DEA will continue to utilize all available resources to investigate and arrest offenders like Mr. Fuller and his associates who prey on people with substance abuse issues. DEA commends the outstanding work that was done by the United States Attorney’s Office, Southern District of Indiana, and our federal, state and local counterparts,” said Gannon.
According to Assistant United States Attorney Cindy J. Cho, who prosecuted this case for the government, Fuller will serve three years of supervised release following his prison sentence. His co-defendants have all filed plea agreements in this case.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to working with our law enforcement partners to target and prosecute or pursue civil remedies against those doctors, pharmacies, and medical providers who are furthering the opioid epidemic by illegally diverting opioids for their own profit, as well as those individuals who divert such drugs through robbery. The office is also committed to investigating and prosecuting those individuals engaged in fraudulent activity involving the use of bogus devices and identity fraud. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Sections 3.6 and 4.5.
Investigation into child sex tourism leads to conviction and life sentence for Noblesville manRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today the sentencing of Noblesville, Ind. man, Charles Skaggs, Jr., age 53, to life in federal prison after his conviction at trial during July 2019 for sexual exploitation of a minor, possession of child pornography, and concealment of evidence. Skaggs had a prior conviction out of Clark County, Ind. for sexual misconduct with a minor.
“Today’s sentence sends a strong message to those who seek to exploit our minor children that you will be prosecuted to the fullest extent of the law, particularly those with prior records of child exploitation,” said Minkler. “Protecting our youth from sexual predators will always remain a top priority of this office and this life sentence will ensure that the public is safe from any future victimization from this defendant.”
This case began in 2015 as an investigation by the Federal Bureau of Investigation (“FBI”) of child sex tourism in Ukraine, including Skaggs’ work with orphanages there. In December 2016, Skaggs was searched at the U.S. Customs area of the Minneapolis-St. Paul International Airport during his return trip from Ukraine to Indiana. Law enforcement officers recovered thumb drives that contained child pornography, including child pornography that Skaggs’ produced in Indiana.
Skaggs was arrested by the FBI. Prior to his arrest, Skaggs hid a hard drive in the ceiling of a shared laundry room in his residence. During Skaggs’ pretrial detention at the Henderson County Detention Center, law enforcement officers intercepted a note written by Skaggs, which disclosed the location of the hard drive. The hard drive contained, among other things, images of videos of child pornography, including copies of the same pornography found on the thumb drives seized at the airport.
Skaggs had a bench trial before the Honorable Sarah Evans Barker, United States District Judge, Southern District of Indiana, on July 22, 2019 through July 24, 2019. Skaggs was convicted of all nine counts of sexual exploitation of a minor, two counts of possession of child pornography, and one count of concealment of evidence.
This case was investigated by the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI-St. Paul), U.S. Customs and Border Protection (CBP), and the Indiana State Police.
“Children are among the most vulnerable in our society and it is our collective responsibility to protect them from predators such as Mr. Skaggs. His life sentence should send a clear message to those who engage in this conduct - you will be investigated, identified, and prosecuted - and you will go to prison,” said Special Agent in Charge Grant Mendenhall, FBI Indianapolis. “The teamwork between our agents and state law enforcement partners ensured there is one less predator victimizing the most innocent of our communities.”
“Sexual predators, like Charles Skaggs, who think they can avoid U.S. laws by traveling abroad for the purpose of sexually exploiting children will find no safe refuge upon their return to the U.S., said Tracy J. Cormier, Special Agent in Charge of HSI St. Paul. “HSI proudly stands with our law enforcement partners and remains steadfastly committed to doing all we can to stop this heinous practice.”
According to Assistant United States Attorneys MaryAnn T. Mindrum and Kyle M. Sawa, who prosecuted this case for the government, Skaggs must also serve 5 years of supervised release following his sentence.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting those who exploit or harm children and to work closely with Project Safe Childhood. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 4.1 and 4.2.
Jennings County man illegally purchased 21 firearmsRead the Press Release
New Albany – United States Attorney Josh J. Minkler announced today, Wayne Komsi III, 58, of North Vernon, Ind., was convicted on two counts of making a false statement during the purchase of firearm, following a two-day jury trial, in the federal court, in New Albany, Ind., before U.S. District Judge Tanya Walton Pratt.
“The U.S. Attorney’s Office is committed to reducing gun violence by keeping firearms out of the hands of those who are prohibited from possessing firearms,” said Minkler. “If you choose to lie and buy firearms, you will be prosecuted fully under federal law.”
On December 13, 2017, Komsi pleaded guilty to a felony in Jennings County, Ind. As a term of his Jennings County felony plea, Komsi was prohibited from possessing firearms. Although he had a pending felony out of Jennings County, Komsi attended an auction on March 3, 2018, where he purchased 21 firearms. In order to get those 21 firearms transferred into his possession, Komsi falsely indicated on three Firearms Transaction Records, March 6, March 20, and April 3, 2018, that he was not prohibited from possessing firearms. At the time he filled out each form, Komsi was, in fact, prohibited from possessing firearms because of the felony charge of resisting law enforcement. Additionally, Komsi fraudulently filled out a Firearms Transaction Record on May 26, 2018 in an attempt to purchase an additional firearm.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office prosecuted this case with support from our Project Guardian partner: The Bureau of Alcohol, Tobacco, Firearms and Explosives.
For more information about Project Guardian, please see:
https://www.justice.gov/projectguardian
“ATF is committed to combating gun violence in our communities and ensuring that firearms do not end up in the hands of those people who are prohibited from possessing them,” said Jonathan McPherson, ATF Special Agent in Charge for the Columbus Field Division. “We will continue to work closely with our law enforcement partners to reduce violent gun-related crimes and make our communities safer.”
According to Assistant United States Attorneys Michelle P. Brady and Lindsay E. Karwoski, who are prosecuting this case for the government, Komsi faces a sentence of up to 5 years in federal prison followed by three years of supervised release.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to targeting the District’s most violent geographic areas for the adoption of reactive federal drug and firearm prosecutions. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.2.
Franklin man sentenced to 15 years in federal prison for charges involving child pornographyRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today that Gary Ryan Dismore, 42, of Franklin, Ind., was sentenced in federal court, by U.S. District Judge Sarah Evans Barker, to 15 years’ in federal prison, after having previously pleaded guilty to charges of advertising, distributing, receiving, and possessing child pornography.
“Individuals who choose to sexually exploit and prey on innocent children will be prosecuted to the full extent under federal law,” said Minkler. “The U.S. Attorney’s Office is committed to safeguarding children against child predators, like Dismore.”
In Nov. of 2017, the Indiana State Police received a Cyber Tip from the National Center for Missing and Exploited Children (NCMEC) concerning alleged illegal activities of an unidentified subject. According to the Cyber Tip, a user uploaded 157 videos to a Drobox account. The files uploaded to the Dropbox account contained videos of child pornography. In response to a search warrant executed by law enforcement, Dropbox provided a USB Drive, which contained child pornography files. The email address associated with the Dropbox account was later linked to Dismore.
On July 23, 2018, a search warrant was executed at the Franklin residence of Dismore. During the search, officers seized a Samsung cell phone, three USB thumb drives, three laptops, and an iPod. Dismore admitted that the devices were used solely by him. During a forensic examination of the digital media devices, officers discovered digital files depicting children under the age of 12, in addition to images of children over the age of 12, but under 18, that constitute child pornography. Forensic examiners noted there were two videos and 100 pictures of child pornography including images of toddlers on the Memorex 2GB Thumb Drive. Forensic examiners noted approximately 200 images of child pornography, including images or videos depicting acts of bondage and victims as young as toddler age on the PNY Attaché 512 MB Thumb Drive. Forensic examiners noted that there were approximately 30 child pornography videos located on the black HP laptop. Forensic examiners noted approximately 70 child pornography images located on the iPod. Forensic examiners noted 10,165 files and 172 folders, the majority of which contained child pornography on the Memorex USB. Forensic examiners noted approximately 1650 images and videos, of primarily child pornography, were contained on the Samsung Galaxy S6.
Dismore was also discovered to be an owner, administrator, and member of several private chat groups, using a popular online application. Dismore’s chat groups were dedicated to the trafficking of child pornography and related discussions. Examiners discovered that Dismore used his Samsung cell phone to exchange child pornography and to provide links to his Dropbox and Mega Cloud storage accounts to other users, which contained large collections of child pornography. Dismore tailored links to his child pornography collections based on each group member’s specific sexual interest. Dismore has been sharing his large volumes of child pornography since at least 2007.
This case was investigated by the Federal Bureau of Investigation and the Indiana State Police.
“The message here is clear - you may think sitting behind a computer in your home will provide anonymity and heinous activity such as this won’t be detected - but the FBI and our law enforcement partners will use every technique and tool at our disposal to identify you and put a stop to this deplorable activity,” said Special Agent in Charge Grant Mendenhall, FBI Indianapolis. “Protecting the most innocent of Hoosier victims – our children - is a top priority, and you will be held accountable.”
“Indiana State Police investigators work diligently every day, all across Indiana, and in close collaboration with its law enforcement partners, to bring to justice those who seek to capitalize on the victimization of children,” said Indiana State Police Superintendent Douglas G. Carter.
According to Assistant U.S. Attorney Tiffany J. Preston, who prosecuted this case for the government, Dismore will serve 10 years’ supervised release following his prison sentence.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to utilize and partner with law enforcement agencies to prosecute individuals engaged in the sexual exploitation of children. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 4.1.
Former Evansville Physician Sentenced to Five Years in Federal Prison for Possessing Child PornographyRead the Press Release
EVANSVILLE – United States Attorney Josh J. Minkler announced today that John Honnigford, 47, of Evansville, Ind., was sentenced in federal court, by U.S. District Judge Richard L. Young, to five years in federal prison, after having previously pleaded guilty to possession of sexually explicit material involving minors.
"Publically, Honnigford was a trusted physician, expected to maintain a high level of patient care; but behind closed doors, he is a child predator," said Minkler. "The U.S. Attorney’s Office is committed to prosecuting child predators and keeping innocent children safe from being exploited by individuals, like Honnigford."
In March of 2017, a task force officer with the Federal Bureau of Investigation was conducting an investigation into file sharing activity on the internet in an undercover capacity. A connection was made between the officer’s investigative computer and a computer device using file sharing software. The task force officer downloaded 188 files from the computer linked to a residence in Evansville, Indiana owned by John Honnigford.
On May 16, 2017, a search warrant was executed at the residence of Honnigford. During an interview with Honnigford, he indicated that he knew the reason for the search. He admitted that he had a problem, which he’d unsuccessfully sought help for in the past, and that he needed to get help. Honnigford directed the officer to his primary computer. He told the task force officer that he had file sharing software on his primary computer and that he used external hard drives to store data files. Honnigford told the officer that he would find LS model images on one of the hard drives. The LS model files depicted minors in sexually explicit poses.
On May 18, 2017, an exam of Honnigford’s external hard drive was performed. The hard drive had many file folders that contained depictions of minors engaged in sex acts and minors depicted in sexually explicit poses, including depictions of the genital and public area of the minors. The hard drive contained large sets of images involving LS models depicting minor females in sexually explicit poses. A complete forensic exam of the primary computer and the external hard drive used by Honnigford resulted in finding 10,178 images, 72 videos, and 11 bondage images ranging from toddler to pre-teen.
This case was investigated by the Federal Bureau of Investigation.
"The FBI and our law enforcement partners are committed to protecting the most vulnerable of our communities who are defenseless and this sentence reinforces the message that we will continue to make identifying and investigating perpetrators a high priority," said Special Agent in Charge Grant Mendenhall. "Our children will always have an advocate in the FBI to ensure those who would exploit pay the price for their criminal activity."
According to Assistant U.S. Attorney Todd S. Shellenbarger, who prosecuted this case for the government, Honnigford will serve 10 years’ supervised release following his prison sentence.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to utilize and partner with law enforcement agencies to prosecute individuals engaged in the sexual exploitation of children. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 4.1.
Indianapolis Men Charged with Illegal Possession of a FirearmRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today that Marvin Graves, 22, and Dominique Jones, 31, both of Indianapolis, were recently charged in separate complaints for federal firearm offenses.
"The U.S. Attorney’s Office is committed to reducing gun violence through its Project Guardian initiative," said Minkler. "If you are illegally in possession of a firearm, you will be prosecuted fully under federal law.
Marvin Graves was charged with possession of a firearm and/or ammunition by a prohibited person. On December 23, 2019, Graves was spotted by an Indianapolis Metropolitan Police Department (IMPD) officer. The officer knew that Graves was currently wanted for a parole violation for armed robbery in Marion County, Ind. The officer saw Graves go into a convenience store, return several minutes later, and drive away. Assisting officers in the area attempted a traffic stop. However, before officers could stop the car, Graves exited the moving car from the passenger side and fled on foot. While running, officers witnessed Graves holding his waistband. After continuing to run and ignoring officer commands to stop, Graves was apprehended. Graves did not have a firearm in his possession at the time he was taken into police custody. A witness later alerted to police that he had seen Graves discard a black object. The officers went to the exact location described by the witness and located a firearm. Graves has previous felony convictions in Marion County, Ind. for escape, pointing a firearm, and armed robbery.
Dominique Jones was charged with possession of a firearm by an unlawful user of a controlled substance. On January 3, 2020, IMPD SWAT executed a search warrant at a residence where Jones was located. Officers made announcements for the occupants to exit the house. Jones and a juvenile male exited the residence and were detained. Upon inquiring as to whether there were any firearms in the residence, for safety purposes, Jones admitted that he left his 9mm in the residence. During an interview with the officers, Jones advised there would be marijuana in his vehicle, which Jones stated was for his own "personal use." Officers searched the car and found marijuana and plastic baggies. Jones admitted to being a marijuana user and to selling marijuana and Percocet. He stated he carries the 9mm firearm for protection.
These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Indianapolis Metropolitan Police Department.
For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
"Working with our federal law enforcement partners to remove crime guns from our neighborhoods, as well as the individuals who seek to use them to perpetrate violence, remains a priority," said IMPD Chief Randal Taylor. "In 2019 alone, the Marion County Crime Lab processed more than 3,500 guns brought in by IMPD officers and detectives as they worked to make our community a safer place."
According to Assistant United States Attorney Lawrence D. Hilton, who is prosecuting the Graves case for the government, Graves faces up to 10 years in prison, if convicted.
According to Assistant United States Attorney Lindsay E. Karwoski, who is prosecuting the Jones case for the government, Jones faces up to 10 years in prison, if convicted.
A complaint is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to targeting the District’s most violent geographic areas for the adoption of reactive federal drug and firearm prosecutions. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.2.
Vincennes residents charged with illegal purchase of firearmRead the Press Release
TERRE HAUTE – United States Attorney Josh J. Minkler announced today that Dakota S. Lovellette, 19, and Nicholas P. Apple, 22, both of Vincennes, Ind., were indicted by a grand jury for charges of conspiring to make a false statement and making a false statement in connection with the acquisition of a firearm.
“If you choose to lie on federal firearm forms in order to illegally purchase firearms, you will be prosecuted under federal law,” said Minkler. “The Department of Justice and the U.S. Attorney’s Office is committed to reducing gun violence and enforcing federal laws through its Project Guardian initiative.”
According to the indictment, in February of 2019, Apple asked another individual (Individual A) to purchase a firearm for Lovellette. Lovellette was under the age of 21 and, therefore, unable to purchase the firearm himself. Apple was also unable to purchase a firearm because he is a convicted felon. Apple was previously convicted for obstruction of justice, in Knox County, Ind., on July 18, 2018. Apple traveled to the Rural King located at 2655 North 6th Street, Vincennes, Ind. for the purpose of locating and examining firearms that could be purchased for Lovellette. Later in the day, on February 4, 2019, Lovellette, Apple, and Individual A met in the parking lot of the Rural King to prepare Individual A to purchase a firearm for Lovellette. Lovellette told Individual A to buy him a Taurus revolver and gave Individual A money to purchase the firearm. Lovellette and Apple explained to Individual A where the revolver was located in Rural King’s display case. Individual A entered the Rural King and purchased a .38 caliber Taurus Model 66 revolver as instructed. Individual A prepared a Firearms Transaction Record form under penalty of perjury stating that the individual was the actual purchaser of the firearm. However, Individual A knew that Lovellette was the actual buyer of the firearm. Following the purchase of the firearm, Individual A, Lovellette, and Apple met at a gas station and Individual A transferred the firearm to Lovellette.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Bureau of Alcohol, Tobacco, Firearms and Explosives, Indiana State Police, and Vincennes Police Department.
For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
According to Assistant United States Attorney Matthew B. Miller, who is prosecuting the case for the government, Defendants each face up to 10 years in prison, if convicted.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to partner with federal and local law enforcement agencies to prosecute individuals committing violent crimes involving firearms. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.3.
U.S. Attorney’s Office collects $10,176,838.17 in Fiscal Year 2019Read the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today that the Southern District of Indiana collected $10,176,838.17 in criminal and civil actions and asset forfeiture in Fiscal Year 2019. Of this amount, $5,115,032.05 was collected in criminal actions, $1,760,111.12 was collected in civil actions, and $3,301,695 was collected in asset forfeiture funds.
Additionally, the Southern District of Indiana worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $7,422.73 in cases pursued jointly by these offices. Of this amount, $6,405.75 was collected in criminal actions and $1,016.98 was collected in civil actions.
“In addition to prosecuting criminals, defending government agencies, and providing civil enforcement, the U.S. Attorney’s Office is responsible for collecting debts owed to the government and victims of crime,” said Minkler. “The goal of the U.S. Attorney’s Office is to make crime victims whole again.”
The Asset Recovery Unit is comprised of two units: the Financial Litigation Unit (FLU) and the Asset Forfeiture Unit (AFU). The two units joined forces in 2012 to form the Asset Recovery Unit. Both of these sectors are significant to tax payers because they collect debts owed to the United States government and to victims of crime.
The FLU is responsible for collecting civil and criminal debts that are owed to the United States and victims of crime in a timely, aggressive, and effective manner. Cases opened in the FLU remain open years past their initial debt, but that does not stop new cases from being opened. Forfeiture funds are deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Shelbyville man sentenced to 200 years in federal prison for persistent and perverse sexual exploitation of a childRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today that Jeffrey Esposito, 54, of Shelbyville, Indiana, was sentenced in federal court, by U.S. District Chief Judge Jane Magnus-Stinson, to 200 years in federal prison, after having previously pleaded guilty to sexual exploitation of a child and possession of child pornography.
“Esposito tortured, sexually abused, and sexually exploited children for years,” said Minkler. “Judge Magnus-Stinson’s sentence ensures that he will never come in contact with another child again.”
On April 11, 2018, Jeffrey Esposito was charged by indictment with twenty counts of sexual exploitation of a child and one count of possession of child pornography. The first twenty charges relate to the recording of his repeated sexual abuse of his minor victim. The defendant’s sexual abuse of the victim started when the victim was approximately 7-8 years old and continued for years, including bondage and torture sessions with choking, whipping, and other forms of pain. The twenty counts represent twenty images or videos of abuse and exploitation over multiple occasions out of the hundreds of sexual abuse files that the defendant created using this minor victim. The defendant was a member of various websites devoted to the sexual exploitation of children on an anonymous network, and he participated on various anonymous chatting platforms where he met other offenders, shared his produced material, and specifically requested and received child pornography from those users in exchange. The final charge represents the thousands of other depictions of sexual abuse that Esposito maintained on his various devices, which included images and videos depicting bondage and torture, images and videos depicting children as young as three years old, and images and videos of minor victims who were abused by other offenders specifically for Esposito’s benefit.
This case was investigated by the Department of Homeland Security Investigations (HSI).
“Let this sentence serve as a reminder that HSI is committed to standing firmly in the way of those who prey on and exploit our most vulnerable population – our children,” said Special Agent in Charge James M. Gibbons. “HSI, in cooperation with our law enforcement and judicial partners, will work tirelessly to identify and bring to justice individuals who commit these heinous crimes.”
According to Assistant United States Attorney Steven D. DeBrota and Department of Justice, Child Exploitation and Obscenity Section, Trial Attorney Lauren S. Kupersmith, who prosecuted this case for the government, Esposito will serve lifetime supervised release.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to utilize and partner with law enforcement agencies to prosecute individuals engaged in the sexual exploitation of children. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 4.1.
Indianapolis Man Sentenced to 30 Years in Federal Prison for Seven Separate Auto Parts Store RobberiesRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today, Korrtel Filzen, 30, Indianapolis, was sentenced to 30 years in federal prison, by U.S. District Judge Richard L. Young, in the federal courthouse in Indianapolis. Filzen was previously indicted and pleaded guilty to charges of robbery and brandishing a firearm during and in relation to a crime at today’s change of plea and sentencing hearing.
"Reducing gun violence remains the top priority of the U.S. Attorney’s Office," said Minkler. "Removing a violent individual like Filzen from our city for 30 years makes us all safer."
From December 2017 through January 6, 2018, Filzen was involved in seven separate auto part store armed robberies. Filzen was on parole for felony burglary at the time of the robberies. Filzen targeted AutoZone and O’Reilly’s Auto Parts stores located primarily on the southwest and northwest sides of Indianapolis. Filzen also robbed an AutoZone store located in Carmel, Ind. During the robberies, Filzen often dressed in a dark colored hoodie-style sweatshirt, threatening violence and terrorizing victims, by brandishing a pistol and holding store employees at gunpoint, including placing a pistol in one of the victim’s faces in order to force them to comply with his demands. Another robber purposely struck a victim in the face with a pistol during a robbery. Filzen and the other robbers demanded money from the store registers, cash drop-boxes, and often moved employees to store safe locations and directed employees to remove the money from the safes.
As part of the Indianapolis Metropolitan Police Department (IMPD) investigation into the armed robberies, IMPD seized internal surveillance video recorded by the store’s security cameras. Due to the clarity of the video and the visibility of Filzen’s face from one of AutoZone’s security cameras, IMPD issued a "Be On the Look-Out" (BOLO) flier of Filzen. Filzen was identified as one of the robbers from the BOLO that was posted to a Crime Stoppers website. A victim from one of the robberies also identified Filzen from a photo array. Filzen was arrested on January 9, 2018.
This case was the result of an investigation by the Federal Bureau of Investigation, Indianapolis Metropolitan Police Department and the Carmel Police Department.
"This sentence sends a clear message that violent individuals such as Mr. Filzen, who threatened people simply doing their jobs and instilled fear in the community, will be held accountable for their actions," said Special Agent in Charge Grant Mendenhall, FBI Indianapolis. "The FBI and our law enforcement partners remain committed to ensuring residents feel safe in their homes, places of work, and in their communities."
"The arrest and prosecution of Mr. Filzen shows the power and importance of the collaborative efforts of law enforcement on the local, state, and federal levels," said Carmel Police Chief Jim Barlow. "Crime knows no jurisdictional boundaries and law enforcement must work together as a team. The success of this case highlights the cooperation and hard work of our officers, detectives, and agents. We are pleased that Central Indiana will be safer while Mr. Filzen is in prison."
According to Assistant United States Attorney Peter A. Blackett, who prosecuted this case for the government, Filzen must serve three years of supervised release following his prison sentence.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to prosecuting those who commit violent crimes involving firearms. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.3.
United States files False Claims Act complaint against Community Health NetworkRead the Press Release
Indianapolis – The United States has filed a complaint against Community Health Network Inc. (Community) in the U.S. District Court for the Southern District of Indiana, the Department of Justice announced today. Community, an integrated health care system in central Indiana, is alleged to have violated the Stark Law and thereby submitted false claims to the Medicare program.
The Stark Law prohibits a hospital from billing Medicare for services referred by a physician with whom the hospital has an improper financial relationship that does not meet any statutory or regulatory exception. The government’s complaint alleges that Community had employment relationships with a number of physicians that did not meet any Stark Law exception because the compensation Community paid to the physicians was well above fair market value and because Community conditioned paying bonuses on physicians achieving a minimum target of referral revenues to the hospital. The complaint alleges that Community received referrals from these physicians in violation of the Stark Law and submitted claims to Medicare knowing that the claims for those referred services were not eligible for payment.
“Improper financial relationships between hospitals and physicians corrupt clinical decision-making, threaten patient care, and ultimately drive up Medicare costs,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We are committed to eliminating these improper inducements and thereby ensuring the Medicare program remains fiscally sound to serve our nation’s senior citizens.”
“Our goal at the U.S. Attorney’s Office is to serve the citizens and help ensure safety in their communities,” said U.S. Attorney Josh Minkler for the Southern District of Indiana. “Hospitals are responsible for not only the health and well-being of their patients, but are also required to establish a compliance program in order to protect against improper payments, fraud and abuse as a condition of enrollment in the Medicare program.”
The United States filed its complaint in a lawsuit originally filed under the qui tam or whistleblower provisions of the False Claims Act, which allow private parties to file suit on behalf of the United States for false claims and to receive a share of any recovery. The Act permits the United States to intervene and take over the lawsuit, as it has done here in part. Those who violate the Act are subject to treble damages and applicable penalties.
The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services (HHS), at 800-HHS-TIPS (800-447-8477).
This case is being handled by the Justice Department’s Civil Division and the United States Attorney’s Office for the Southern District of Indiana, with assistance from the Office of Inspector General of the Department of Health and Human Services. The case is captioned United States and the State of Indiana ex rel. Thomas Fischer v. Community Health Network, Inc., et al. No. 1:14-cv-1215 (RLY-DKL) (S.D. Ind.).
The claims in which the United States has intervened are allegations only, and there has been no determination of liability.
United States Files False Claims Act Complaint against Community Health NetworkRead the Press Release
The United States has filed a complaint against Community Health Network Inc. (Community) in the U.S. District Court for the Southern District of Indiana, the Department of Justice announced today. Community, an integrated health care system in central Indiana, is alleged to have violated the Stark Law and thereby submitted false claims to the Medicare program.
The Stark Law prohibits a hospital from billing Medicare for services referred by a physician with whom the hospital has an improper financial relationship that does not meet any statutory or regulatory exception. The government’s complaint alleges that Community had employment relationships with a number of physicians that did not meet any Stark Law exception because the compensation Community paid to the physicians was well above fair market value and because Community conditioned paying bonuses on physicians achieving a minimum target of referral revenues to the hospital. The complaint alleges that Community received referrals from these physicians in violation of the Stark Law and submitted claims to Medicare knowing that the claims for those referred services were not eligible for payment.
“Improper financial relationships between hospitals and physicians corrupt clinical decision-making, threaten patient care, and ultimately drive up Medicare costs,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We are committed to eliminating these improper inducements and thereby ensuring the Medicare program remains fiscally sound to serve our nation’s senior citizens.”
“Our goal at the U.S. Attorney’s Office is to serve the citizens and help ensure safety in their communities,” said U.S. Attorney Josh Minkler for the Southern District of Indiana. “Hospitals are responsible for not only the health and well-being of their patients, but are also required to establish a compliance program in order to protect against improper payments, fraud and abuse as a condition of enrollment in the Medicare program.”
The United States filed its complaint in a lawsuit originally filed under the qui tam or whistleblower provisions of the False Claims Act, which allow private parties to file suit on behalf of the United States for false claims and to receive a share of any recovery. The Act permits the United States to intervene and take over the lawsuit, as it has done here in part. Those who violate the Act are subject to treble damages and applicable penalties.
The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services (HHS), at 800-HHS-TIPS (800-447-8477).
This case is being handled by the Justice Department’s Civil Division and the United States Attorney’s Office for the Southern District of Indiana, with assistance from the Office of Inspector General of the Department of Health and Human Services. The case is captioned United States and the State of Indiana ex rel. Thomas Fischer v. Community Health Network, Inc., et al. No. 1:14-cv-1215 (RLY-DKL) (S.D. Ind.).
The claims in which the United States has intervened are allegations only, and there has been no determination of liability.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Former Attica High School Assistant Track Coach Sentenced to 24 Years' in Federal PrisonRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today that Jeremy Kelley, 41, of Attica, Indiana, was sentenced in federal court, by U.S. District Judge Sarah Evans Barker, to 24 years’ in federal prison, after having previously pleaded guilty to charges of production and possession of child pornography.
"Kelley is a child predator who deliberately sought out a high school coaching position intentionally placing himself near children," said Minkler. "The U.S. Attorney’s Office is committed to prosecuting individuals, like Kelley, who choose to sexually exploit children and who knowingly abuse positions of public trust."
The investigation began on January 16, 2018, when the Montgomery Sheriff’s Department opened a National Center for Missing & Exploited Children (NCMEC) CyberTip. Included in the tip were 18 images depicting pre-pubescent females exposing their genitals, engaged in sex acts, and erotic poses. These images were contained in a Dropbox account created by Jeremy Kelley. In compliance with a search warrant executed by law enforcement, Dropbox provided detectives with a mass storage device, which contained over 16,563 image and video files of mostly child pornography.
On June 29, 2018, following the execution of a search warrant at Kelley’s residence, Kelley consented to a search of his iPhone SE. Kelley admitted to receiving and possessing child pornography on his iPhone SE. The iPhone contained 451 videos and 27,000 images of mostly child pornography, including prepubescent minors engaged in sexually explicit conduct. Additionally, agents discovered the e-mail address associated with Kelley’s Dropbox account and his Dropbox application.
Also during the search, law enforcement discovered files depicting a minor victim (Minor Victim 1) engaged in sexually explicit conduct. Kelley surreptitiously produced child pornography of Minor Victim 1 between in or about June 8, 2018, and June 18, 2018. Minor Victim 1 was in Kelley’s care, custody, and control at the time of the recordings. Kelley admitted that he produced child pornography of Minor Victim 1 because he had a sexual interest in Minor Victim 1, and that he collected, and distributed child pornography collection because he had a sexual interest in children.
Kelley was arrested on July 1, 2018 by way of complaint and was indicted by a federal grand jury on August 21, 2018. Jeremy Kelley worked as an Assistant Track Coach at Attica High School at the time of his arrest.
This case was investigated by the Federal Bureau of Investigation and the Montgomery Sheriff’s Department.
"This sentence should send a strong message to those who would perpetrate such heinous crimes against children – the FBI and our law enforcement partners will continue to work diligently to identify, investigate and prosecute those who engage in these illegal activities," said Special Agent in Charge Grant Mendenhall, FBI Indianapolis.
"The Montgomery County Sheriff’s Office appreciates the relationships we have with the FBI, NCMEC, the U.S. Attorney’s Office, and all of our other law enforcement partners," said Sheriff Ryan Needham. "We continually strive to make Montgomery County, and the state of Indiana, a better and safer place for our citizens, and making an arrest like this makes all of us safer."
According to Assistant U.S. Attorney Tiffany J. Preston, who prosecuted this case for the government, Kelley will serve 20 years’ supervised release following his prison sentence.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to utilize and partner with law enforcement agencies to prosecute individuals engaged in the sexual exploitation of children. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 4.1.
Indiana, California Drug-Trafficking Organizations DismantledRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today that two drug-trafficking organizations with fifteen total members were indicted by a grand jury for charges of drug-trafficking, unlawful use of a communication facility, and being a felon in possession of a firearm. The cases were investigated and prosecuted by the Organized Crime Drug Enforcement Task Force (OCDETF).
"If you choose to make a living by selling drugs, promoting violence, and illegally possessing firearms in furtherance of those crimes, we will find you, and you will be prosecuted, federally" said Minkler. "The U.S. Attorney’s Office is committed to keeping our neighborhoods safe by removing violent crime organizations and individuals from our communities."
According to the superseding indictment, Defendants Tavares Hutcherson, Stefantatos, Mathews, Roshel, Jones, Eyre, Cox, and Carson conspired to distribute methamphetamine. Jones supplied methamphetamine to Hutcherson for re-distribution. Stefanatos acted as a middle-man for Jones and supplied drugs to Hutcherson. Hutcherson and Mathews distributed methamphetamine to each other as well as others in the Terre Haute area, including Cox, Roshel, and Carson. Eyre assisted Hutcherson in distributing drugs and collecting drug proceeds. The superseding indictment further alleges that Hutcherson, Mathews, and Jones possessed firearms
to protect themselves, their drugs, and their drug proceeds. With respect to Grindle, the superseding indictment states that Grindle took over 200 grams of methamphetamine and firearms from Mathews, prompting Mathews to enlist the help of co-conspirators to attempt to recover the drugs and guns.
According to a second superseding indictment arising out of the same investigation, Defendant James Briscoe, Page, Clephane, Bays, Pugh, and Bell conspired to distribute methamphetamine and marijuana. Pugh arranged for methamphetamine to be shipped from California to Indiana for re-distribution by Briscoe and Bell. In addition, Briscoe obtained methamphetamine from Page who operated out of Anderson, Indiana. Briscoe in turn supplied methamphetamine and marijuana to Bell, Clephane, Bays, and others. The superseding indictment also alleges that Briscoe, Page, Clephane, and Pugh possessed firearms, including a Hi-Point, 9mm pistol, a Mossberg, 12 gauge shotgun, a Micro Draco, 7.62 caliber pistol, a LLAMA, .45 caliber pistol, and an AK-style, short barrel rifle.
The indicted defendants, their ages, and residences are as follows:
Tavares Hutcherson, 42, Terre Haute, Ind.
Timothy Stefanatos, 40, Indianapolis, Ind.
Brock Mathews, 29, Terre Haute, Ind.
Deena Roshel, 52, Terre Haute, Ind.
Kyra Grindle, 19, Terre Haute, Ind.
Brad W. Jones, 35, Indianapolis, Ind.
Travis Eyre, 30, Terre Haute, Ind.
Robert Cox, 33, Terre Haute, Ind.
Zachary Carson, 25, Terre Haute, Ind.
James Briscoe, 36, Muncie, Ind.
Damarus Page, 37, Anderson, Ind.
Bradley Clephane, 35, Gosport, Spencer, Ind.
Christopher Bays, 33, Brazil, Ind.
Jamar Pugh, 26, Muncie, Ind.
James Bell, 40, Muncie, Ind.
The lead investigative agencies were the Drug Enforcement Administration, U.S. Postal Inspection Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation. Other agencies that assisted in the investigation include the Indiana State Police, Indianapolis Metropolitan Police Department, Terre Haute Police Department, Muncie Police Department, Anderson Police Department, Madison County Drug Task Force, Vigo County Sheriff’s Department, Vigo County Drug Task Force, Clay County Sheriff’s Department, and the Owen County Sherriff’s Department.
"The individuals arrested during this complex investigation were responsible for transporting large quantities of methamphetamine into the Wabash Valley area," said DEA Assistant Special Agent in Charge Michael Gannon. "Throughout the course of this investigation, agents seized approximately 23 pounds of methamphetamine, and 13
firearms. DEA commends the outstanding work that was done by the Terre Haute Police Department, the Indiana State Police, the Vigo County Drug Task Force, the Federal Bureau of Investigation and the United States Attorney’s Office. This violent drug trafficking organization showed complete disregard for the fine citizens of Terre Haute and utilized fear and intimidation to aid their criminal activity. All drug dealers need to take notice that the newly formed DEA Terre Haute Office along with our law enforcement partners will utilize all available resources to take investigations to the highest levels and steam roll drug dealers who are peddling garbage into our communities."
"The United States Postal Inspection Service is committed to the protection of our nation’s mail system, and to ridding the criminals’ use of the mail for the transportation of illegal drugs. This case is a great example of how working together with our law enforcement partners, we are able to make progress in getting the drugs off the streets in Indiana and California. The arrest and indictment of these defendants should serve as a warning to others who seek to commit drug-trafficking through the U.S. Postal Service." said Inspector in Charge Edward Gallashaw of the Detroit Division, U.S. Postal Inspection Service.
Indiana State Police Superintendent Doug Carter commented, "I am extremely proud of our participation in the Organized Crime Drug Enforcement Task Force." Carter continued, "The hard work of our assigned investigators, in collaboration with other member representatives, speaks to the dedication of state, county, local and federal law enforcement partners who work daily to make Indiana communities safer for everyone to enjoy."
"Too often, violence in our city is connected to the trafficking of illegal narcotics. These bad actors are willing to profit from crime and violence in our neighborhoods, and working closely with law enforcement partners to remove them from our community is crucial to making Indianapolis a safer place for all to call home," said IMPD Chief Bryan Roach.
"We are always eager to partner with federal law enforcement in an effort to aggressively investigate the predatory practices of those who seek to exploit the weak and drug-addicted for their own personal financial gain," said Sergeant Chad Boynton, Anderson Police Department K9 Supervisor and Madison County Drug Task Force Supervisor. "This investigation has undoubtedly produced a positive impact within Central Indiana, having resulted in the arrest of several significant drug traffickers."
According to Assistant United States Attorney M. Kendra Klump, who is prosecuting these cases for the government, defendants, if convicted, each face up to life in prison, except for Grindle, who faces up to 40 years in prison.
An Indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting those who engage in organized drug and violent crime. See United States Attorney's Office, Southern District of Indiana Strategic Plan 2.1.
Seven Indianapolis Defendants Indicted in Federal Court on Gun and Drug ChargesRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today that Walter Mays, 29, Lapre Apple, 22, Mickey Shipp, 35, David Bateman, 38,Christopher Allen, 27, Rodney Freeman, 36, all of Indianapolis, and Devonte Davis, 25, of Carlisle, Ind. were indicted by a grand jury on charges of illegal possession of firearms and/or drug-trafficking related charges.
“The U.S. Attorney’s Office will utilize all tools, available through the Project Guardian initiative, in its fight to reduce violent crime, and enforce federal gun laws,” said Minkler. “If you choose to illegally possess firearms to commit violent crimes, you will be prosecuted federally, and you will be prosecuted to the full extent of the law.”
Walter Mays was indicted on charges of possession with intent to distribute cocaine, heroin, oxycodone, and marijuana. Mays was previously arrested by way of complaint following a November 25, 2019 traffic stop initiated for speeding. Upon approach of the vehicle, officers smelled marijuana emanating from the vehicle. Investigators asked Mays to step out of the vehicle and detained him. During a pat down of Mays, officers found narcotics and $3,058 on Mays’s person. Mays has previous felony convictions for resisting arrest, possession of a narcotic drug, dealing salvia, two for dealing marijuana, and three for dealing hash oil.
Lapre Apple was indicted on charges of possession with intent to distribute cocaine, possession of a firearm within 1000 feet of a school zone, and carrying a firearm during and in relation to a drug-trafficking crime. Apple was previously arrested by way of complaint following a December 3, 2019 traffic stop initiated for changing lanes without using a turn signal and speeding in a school zone. Upon approach of the vehicle, officers smelled marijuana emanating from the car. A passenger and Apple were removed from the vehicle. Officers removed a firearm from Apple’s waistband. Officers recovered a small quantity of marijuana, cocaine and $6,955. Apple has a prior arrest for possession of 200-600 ecstasy pills and possession of a high capacity magazine and Category II weapons out of Illinois.
According to Assistant United States Attorney Abhishek Kambli, who is prosecuting Mays and Apple for the government, defendants each face up to 20 years in prison, if convicted.
Mickey Shipp was indicted on two counts for unlawful possession of a firearm by a convicted felon. Shipp was previously convicted in Marion County, Ind. for felony charges of theft.
Devonte Davis was indicted on charges of unlawful possession of a firearm by a convicted felon. Davis was previously convicted in Marion County, Ind. for felony charges of criminal recklessness and resisting law enforcement, aggravated battery and battery resulting in serious bodily injury. Davis was also previously charged by way of complaint following an October 1, 2019 traffic stop. Federal agents traveling in the same area as Davis had witnessed suspicious activity and requested assistance from IMPD. The license plate number of the vehicle Davis was traveling in was provided to IMPD and it was determined that the registered owner of the vehicle did not have a valid driver’s license. The passengers were uncooperative with the officer during the traffic stop and provided false names. The officer asked the occupants to exit the vehicle. When Davis exited the vehicle, he pulled a handgun from his waistband and tossed it on the floorboard. Davis told officers that he knew he wasn’t supposed to possess firearms due to his previous felony conviction. Davis was previously convicted in Marion County, Ind. for criminal recklessness, resisting law enforcement, possession of cocaine, aggravated battery, and battery resulting in serious bodily injury.
According to Assistant United States Attorney Lawrence D. Hilton, who is prosecuting Shipp and Davis for the government, defendants each face up to 10 years in prison, if convicted.
David Bateman was indicted on charges of unlawful possession of a firearm by a convicted felon. Bateman was previously convicted in Marion County, Ind. for felony charges of strangulation and battery with moderate bodily injury.
Christopher Allen was indicted on charges of unlawful possession of a firearm by a convicted felon. Allen was previously convicted in Marion County, Ind. for felony charges of unlawful possession of a firearm by a serious violent felon and maintaining a common nuisance-controlled substances.
According to Assistant United States Attorney Jeremy A. Morris, who is prosecuting Bateman and Allen, defendants each face up to 10 years in prison, if convicted.
Rodney Freeman was indicted on two counts of being a felon in possession of a firearm. Freeman was previously convicted in Marion County, Ind. in three separate causes for felony charges of possession of a narcotic drug. Freeman also has three previous operating a vehicle while intoxicated felonies.
According to Assistant United States Attorney William L. McCoskey, who is prosecuting Freeman for the government, defendant faces up to 10 years in prison, if convicted.
These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted these cases with support from the following Project Guardian partners: CGIC, Bureau of Alcohol, Tobacco, Firearms and Explosives and the Indianapolis Metropolitan Police Department.
For more information about Project Guardian, please see https://www.justice.gov/ag/project-guardian-memo-2019/download.
These arrests were made possible by the joint efforts of the Crime Gun Intelligence Center (CGIC), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Indianapolis Metropolitan Police Department (IMPD).
“The Indianapolis Crime Gun Intelligence Center proves that by combining our resources and information we can make a greater impact in our community,” said Jonathan McPherson, Special Agent in Charge of ATF’s Columbus Field Division. “ATF will continue to work with IMPD to make Indianapolis safer for all of us.”
“The Indianapolis Crime Gun Intelligence Center was established to focus the efforts of partner law enforcement agencies on the small number of individuals perpetrating violence in our neighborhoods,” said IMPD Chief Bryan Roach. “Leveraging technology, we are better able to connect incidents of violence with perpetrators, the firearms they use, and the sources of their crime guns. And we will continue to focus on identifying these violent individuals, removing them from our community, and working with our federal law enforcement partners to hold them accountable.”
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to targeting the District’s most violent geographic areas for the adoption of reactive federal drug and firearm prosecutions. This office will also continue to prosecute organizations and individuals distributing methamphetamine, cocaine, marijuana, and other controlled substances. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Sections 2.2 and 3.3.
Justice Department Awards More Than $333 Million to Fight Opioid CrisisRead the Press Release
INDIANAPOLIS – The Justice Department’s Office of Justice Programs and United States Attorney Josh J. Minkler today announced awards of more than $333 million to help communities affected by the opioid crisis. $2,446,664 will help public safety and public health professionals in the Southern District of Indiana combat substance abuse and respond effectively to overdoses. OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan made the announcement during a visit with local, state and federal officials in West Virginia, one of the states hardest hit by the epidemic.
"The opioid crisis has destroyed far too many lives and left too many Americans feeling helpless and hopeless," said PDAAG Sullivan. "This epidemic—the most deadly in our nation’s history—is introducing new dangers and loading public health responsibilities onto the public safety duties of our law enforcement officers. The Department of Justice is here to support them during this unprecedented and extremely challenging time."
With more than 130 people dying from opioid-related overdoses every day, the Department of Justice has made fighting addiction to opioids—including heroin and fentanyl—a national priority. The Trump Administration is providing critical funding for a wide range of activities—from preventive services and comprehensive treatment to recovery assistance,
forensic science services and research—to help save lives and break the cycle of addiction and crime.
"The U.S. Attorney’s Office is pleased to provide support to agencies in the Southern District of Indiana through the Department’s Edward Byrne Justice Assistance Grant Program," said Minkler. "This grant supports the Department’s criminal justice priorities of reducing opioid abuse and opioid overdose-related deaths."
The awards announced today support an array of activities designed to reduce the harm inflicted by these dangerous drugs. Grants will help law enforcement officers, emergency responders and treatment professionals coordinate their response to overdoses. Funds will also provide services for children and youth affected by the crisis and will support the nationwide network of drug and treatment courts. Other awards will address prescription drug abuse, expand the capacity of forensic labs and support opioid-related research.
The following awards were made to organizations in the Southern District of Indiana:
The City of Indianapolis and Marion County were awarded $500,000 and $653,408, respectively, under the BJA’s Justice and Mental Health Collaboration Program, which provides financial and technical assistance to facilitate collaborations between criminal justice, mental health and substance abuse treatment systems to serve individuals with mental illness or co-occurring mental illness and substance abuse issues.
The City of Evansville was awarded $1,000,000 under the Opioid Affected Youth Initiative, which helps states, local governments and tribal jurisdictions develop data-driven responses to opioid abuse.
Hancock County Community Corrections was awarded $231,544 under the Adult Drug Court and Veterans Treatment Court Discretionary Grant Program, which provides financial and technical assistance to states, state courts, local courts, units of local government and tribal governments to develop, implement and enhance drug courts and Veterans Treatment Courts.
The Marion County, Indiana Coroner’s Office was awarded $61,712 under the National Institute of Justice Strengthening the Medical Examiner-Coroner System Program, which addresses the extreme shortage of board-certified forensic pathologists in the United States and aims to improve medical examiner-coroner services by supporting efforts toward agency accreditation.
Information about the programs and awards announced today is available here. For more information about OJP awards, visit the OJP Awards Data webpage.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
Indianapolis Drug Kingpin Sentenced to Life in Federal PrisonRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today that Richard Bernard Grundy, III, 30, Indianapolis, was sentenced today in federal court, by U.S. District Chief Judge Jane Magnus-Stinson, to life in federal prison. Grundy was convicted of drug-trafficking and money laundering following a three-week jury trial in August of 2019.
"Indianapolis is a safer community today with Grundy and his associates off the streets," said Minkler. "This sentence sends a clear message that if you choose to traffic drugs into our neighborhoods and endanger our citizens, we will find you, and you will be prosecuted to the full extent of the law."
Grundy was the leader of a drug-trafficking organization that distributed over 400 pounds of methamphetamine, as well as large amounts of heroin, cocaine, and marijuana in Indianapolis from August 2016 through November 17, 2017. Grundy was convicted of engaging in a continuing criminal enterprise, conspiracy to distribute controlled substances, and other drug-trafficking and money laundering offenses.
Ezell Neville, 41, Undrae Moseby, 30, Derek Atwater, 33, and James Beasley, 39, also from Indianapolis, were convicted of conspiracy to distribute controlled substances and other drug-trafficking offenses. Neville served as a principal distributor of methamphetamine for Grundy. Moseby transported drug proceeds from Indianapolis to Phoenix, Arizona for Grundy and returned to Indianapolis with methamphetamine. Atwater and Beasley were mid-level methamphetamine distributors for Grundy’s organization.
Neville, Atwater, and Beasley were sentenced to 360 months, 216 months, and 235 months in federal prison, respectively. Moseby is awaiting sentencing. The statuses of the remaining codefendants are listed below.
David C. Carroll, sentenced on November 5, 2019, to 96 months
Michael Hyatte, sentenced on December 18, 2018, to 12 months and one day
Lance Hatcher, Jr., awaiting sentencing
Nathaniel Dixson, sentenced on November 27, 2018, to 120 months
Conway Jefferson, dismissed on November 17, 2017
Robert Lisenby, Jr., sentenced on October 24, 2018, to 276 months
Torin A. Harris, sentenced on November 26, 2018 to 120 months
John E. Bell, sentenced on November 14, 2018, to 180 months
Shemilah D. Crowe, sentenced on May 2, 2019, to 60 months
Gilberto Vizcarra-Milan, sentenced on December 5, 2019, to 300 months
Mario Eduado Villasenor, sentenced on October 30, 2019, to 48 months
Christopher D. Bradford, pending trial
Emilio Mitchell, II, sentenced on November 20, 2019, to 120 months
Thomas Bullock, sentenced on April 11, 2019, to 120 months
Mark T. Williams, sentenced on December 11, 2019, to 240 months
Isiah T. Finch, sentenced on September 25, 2019 to 36 months
Dion G. Madison, sentenced on April 10, 2019, to 97 months
Frank S. Early, sentenced on June 24, 2019, to 46 months
Emilio Mitchell, Jr., sentenced on May 14, 2019, to 57 months
Daona Le’Ann Gholston, sentenced on April 9, 2019, to 30 months
The lead investigative agencies were the Federal Bureau of Investigation and the Indianapolis Metropolitan Police Department. Other agencies that assisted in the investigation included the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Fishers Police Department, Marion County Sheriff’s Department, Indiana State Police, and Zionsville Police Department.
"Mr. Grundy was under the mistaken impression he and his crew could run their criminal enterprise and flaunt their illegal activities in the face of the law without fear of consequence. Today’s sentence sends a strong and clear message to him and others – illegal drug trafficking, witness intimidation and violence will not be tolerated in Indianapolis, or anywhere in Indiana," said Special Agent in Charge Grant Mendenhall, FBI Indianapolis. "The FBI’s partnerships in this case were vital to a successful investigation, and the willingness of the U.S. Attorney’s Office to aggressively prosecute this group was important to putting others involved in similar criminal activities on notice that there is zero tolerance for their unlawful actions."
"Today’s sentencing is the culmination of years of cooperative efforts among local and federal law enforcement partners in Marion County," said IMPD Chief Bryan Roach. "Profiting from crime and violence in our community will not be tolerated, and this case should send a message to those in our city with similar violent criminal enterprises that we will hold them accountable."
"This sentence stands as a warning to others who use firearms and physical threats against the Indianapolis community," stated Jonathan McPherson, Special Agent in Charge of ATF’s Columbus Field Division. "The law enforcement community in central Indiana, at the local, state, and federal levels, will work long and hard to ensure that criminals are held responsible for their illegal and violent acts and that every victim receives the justice they deserve."
According to Assistant United States Attorneys Bradley A. Blackington and Lindsay E. Karwoski, who prosecuted this case for the government, Grundy will serve five years supervised release following his prison sentence, and he was fined $2,000.00.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to target, investigate, and prosecute more violent criminal organizations engaged in drug trafficking, money laundering and the use of firearms to further a drug trafficking crime. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.1.
Anderson Man Sentenced to 10 Years for Federal Firearms OffenseRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today, Keith Irwin, 33, Anderson, Ind., was sentenced to 10 years in federal prison, by U.S. District Judge James R. Sweeney III, in the federal courthouse in Indianapolis. Irwin was indicted and previously pleaded guilty to being a felon in possession of a firearm. "If you choose to illegally possess, manufacture, or alter firearms, you will be prosecuted federally, and to the full extent of the law," said Minkler. "The U.S. Attorney’s Office is committed to reducing violent crime by prosecuting those individuals who choose to engage in violent crime and commit firearms offenses." On January 16, 2018, the Anderson Police Department received a tip that Irwin, a convicted felon, was maintaining a machine shop in his garage where he altered AK-47 rifles from semi-automatic to full automatic for eventual distribution. On January 17, 2018, Anderson Police Department detectives along with a SWAT (Special Weapons and Tactics) and EOD (Explosive Ordnance Disposal) team executed a search warrant of the garage, where they saw an elaborate and well-equipped machine shop consisting of various lathes, presses, drills, and other heavy machines. During the search, officers seized 16
handguns, 20 rifles, 4 shotguns, approximately 53,383 rounds of ammunition in various calibers, and a body armor set. They also seized unfinished AR-15 type receives, unfinished AK-47 type receivers, and unfinished Uzi type receivers in various stages of manufacturing.
This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Indiana State Police, and the Anderson Police Department.
"The defendant not only illegally possessed firearms, he manufactured and sold them to others, putting the entire community at risk," stated ATF Special Agent in Charge Jonathan McPherson. "The combined investigative efforts of the Anderson Police Department, the Indiana State Police, and ATF hopefully ensures that the defendant will not be a threat to the community for quite some time."
According to Assistant U.S. Attorney Abhishek S. Kambli, who prosecuted this case for the government, Irwin must serve three years of supervised release following his prison sentence.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to targeting the District’s most violent geographic areas for the adoption of reactive federal drug and firearm prosecutions. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.2.
Lebanon Woman Sentenced to 21 Months in Federal Prison for Perpetrating Elder Fraud Scheme Against Former EmployerRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today that Annie Fields, 54, Lebanon, Indiana, was sentenced in federal court, by U.S. District Judge Tanya Walton Pratt, to 21 months in federal prison, after being charged by information and pleading guilty to charges of wire fraud.
"Fields abused her position with M&M, took advantage of her elderly employers, and violated their trust," said Minkler. "The U.S. Attorney’s Office is committed to prosecuting those individuals who perpetrate elder fraud schemes against vulnerable and elderly victims."
Annie Fields was employed by M&M, Inc., (M&M), an automotive services business located in Zionsville, Boone County, Indiana. Fields’ duties included bookkeeping and clerical responsibilities. The owners of M&M are elderly and were vulnerable to being victimized and exploited, by people like fields. They hired Fields for her experience in accounting and they entrusted Fields to manage M&M’s books. Fields had access to M&M’s business account and business MasterCard. Fields was not authorized to use the checking account or credit card account for personal reasons.
On several occasions, between September 2012 and December 2014, Fields wrote unauthorized checks payable to herself, or to her creditors on the M&M bank account. In creating the fraudulent checks, Fields also prepared a false copy of these checks, which contained a different payee, and appeared to be an authorized business payee for M&M. Fields made the false copies available to M&M officials.
Between October 9, 2012 and July 3, 2014, Fields, on many occasions, used the M&M credit card account for unauthorized personal expenses. In order to hide these transactions from M&M officials, Fields prepared altered credit card statements, which omitted her unauthorized transactions, and made only these false versions of the statements available to M&M officials. Fields’ fraudulent schemes resulted in a loss of $36,895 to M&M.
This case was investigated by the Federal Bureau of Investigation.
"When the elderly are defrauded, this can cause a significant financial hardship and these losses can be devastating to them," said Acting Special Agent in Charge Alex Middleton, FBI Indianapolis. "Today’s sentence sends a clear message – the FBI will hold perpetrators of elder fraud schemes accountable and ensure our elderly citizens receive the protection they deserve."
According to Assistant U.S. Attorney James M. Warden, who prosecuted this case for the government, Fields will serve two years’ supervised release following her prison sentence. Fields will pay full restitution to the victims in the amount of $36,895.00, as ordered by the court.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting those individuals who engage in complex and sophisticated fraud schemes, particularly those that exploit vulnerable victims, and abuse positions of trust. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 5.1.
Justice Department announces more than $376 million in awards to promote public safetyRead the Press Release
Indianapolis – The Department of Justice and United States Attorney Josh J. Minkler announced today that the Department has awarded more than $376 million in grant funding to enhance state, local and tribal law enforcement operations and reinforce public safety efforts in jurisdictions across the United States. $1,403,842 will support public safety activities in the Southern District of Indiana. The awards were made by the Department’s Office of Justice Programs.
“Crime and violence hold families, friends and neighborhoods hostage, and they rip communities apart,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These programs help restore the health and safety of crime-ravaged communities by supporting prevention activities, aiding in the apprehension and prosecution of perpetrators, facilitating appropriate sentencing and adjudication, and providing communities and their residents the means for recovery and healing.”
The awards announced today support an array of crime-fighting initiatives, including the quarter-billion dollar Edward Byrne Justice Assistance Grants Program, which funds public safety efforts in 929 state, local and tribal jurisdictions. Funding also supports sex offender registration and notification, law enforcement-based victim services, the testing of sexual assault kits, and programs designed to address youth with sexual behavioral problems. Other awards will focus on wrongful convictions, intellectual property enforcement, innovative prosecution strategies and the safety and effectiveness of corrections systems.
“The U.S. Attorney’s Office is pleased to provide support to the city of Indianapolis through the Department’s Edward Byrne Justice Assistance Grant Program,” said Minkler. “This grant supports the Department’s criminal justice priorities of reducing violent crime and supporting law enforcement and prosecutors.”
The following awards were made to organizations in the Southern District of Indiana:
City of Indianapolis - $1,403,842 (BJA National Sexual Assault Kit)
The BJA grant will provide resources to the city of Indianapolis to address sexual assault kits not submitted to a forensic laboratory for testing, improve investigation and prosecution in connection with evidence and cases, and provide sites with resources to collect DNA samples.
Information about the programs and awards announced today is available here: Public Safety Fact Sheet. For more information about OJP awards, visit the OJP Awards Data webpage.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
Former COO and CFO of Publicly Traded Transportation Company Charged with Securities Fraud, Bank Fraud, and Lying to AuditorsRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler and the Department of Justice announced today that the former chief operating officer (COO) and chief financial officer (CFO) of Celadon Group Inc. (Celadon), a publicly traded transportation and trucking company headquartered in Indianapolis, Indiana, were charged in an indictment unsealed today for their alleged role in a complex securities and accounting fraud scheme that resulted in a loss of more than $60 million in shareholder value.
William Eric Meek, 39, and Bobby Lee Peavler, 40, both of Indianapolis were each charged in an indictment filed in the Southern District of Indiana with one count of conspiracy to commit wire fraud, bank fraud, and securities fraud; five counts of wire fraud; two counts of securities fraud; one count of conspiracy to make false statements to a public company’s accountants and to falsify books, records, and accounts of a public company; and one count of making false statements to a public company’s accountants. Peavler was charged with two additional counts of making false statements to a public company’s accountants.
Meek and Peavler were arrested this morning and appeared before U.S. Magistrate Judge Mark J. Dinsmore of the Southern District of Indiana. Both Meek and Peavler were released on bail. The case is assigned to Chief Judge Jane E. Magnus-Stinson for U.S. District Court of the Southern District of Indiana.
"These senior corporate executives at Celadon allegedly orchestrated a securities and accounting fraud scheme that misled shareholders, banks, accountants, and the investing public," said Assistant Attorney General Benczkowski. "The Department of Justice and our law-enforcement partners will continue to safeguard market integrity by holding executives who violate the law responsible for their misconduct."
"Through their scheme of lies, fraud and misrepresentations as alleged in the Indictment, Meek and Peavler damaged the integrity of the market, the corporation, its shareholders and public investors," said U.S. Attorney Josh J. Minkler of the Southern District of Indiana. "The U.S. Attorney’s Office is committed to prosecuting those individuals in corporate America, who choose to commit corporate fraud, in violation of federal law, and have blatant disregard for those with a financial interest in the corporation."
"This sends a clear message that those who commit financial fraud will be held accountable. Investors should expect nothing less than complete candor and truth from companies and their executives," said Special Agent in Charge Grant Mendenhall of the FBI’s Indianapolis Field Office. "The FBI and our agency partners will continue to identify, investigate and pursue those who perpetrate criminal schemes for their own profit."
"The U.S. Postal Inspection Service has an extensive history of investigating complex financial fraud schemes. A goal of the Postal Inspection Service is to protect investors, as well as the integrity of the financial marketplace from fraudulent activities by trusted insiders who abuse their positions," said Inspector in Charge Delany De Leon-Colon of the U.S. Postal Inspection Service’s (USPIS) Criminal Investigations Group at National Headquarters. "Anyone who engages in this type of financial fraud scheme should know they will be found and held accountable for their dishonest practices."
According to the indictment, by approximately 2016, Meek, Peavler, and others at Celadon knew the value of a substantial portion of Celadon’s trucks declined in value in part to a slowdown in the trucking market. In addition, many of those trucks, which were owned by Quality Companies (Quality), one of Celadon’s divisions, had serious mechanical issues that made them unattractive to drivers, further depressing their value. Instead of accounting for this decline in truck values, Meek, Peavler and others allegedly devised a scheme that caused Celadon to conceal tens of millions of dollars in losses to its shareholders, banks and the investing public.
Their scheme involved Quality trading away hundreds of its older and unused trucks to a large truck dealer in exchange for newer used trucks. During the trades, they intentionally inflated the prices on invoices associated with those trades so Celadon’s books would not reflect the fact that Celadon’s trucks were worth significantly less than reported to investors, the indictment alleges. Although they were actually trades, Meek, Peavler, and others allegedly sought to portray the transactions as independent "purchases" and "sales" of trucks in order to avoid heightened scrutiny.
Meek and Peavler also allegedly structured one of the trades in an effort to artificially improve one of Celadon’s quarterly financial statements. Quality received approximately $25 million from the truck dealer just before the end of Celadon’s fiscal quarter, which Celadon used
to pay down its debt and appear to be in compliance with certain lending agreements. Meek, Peavler, and others allegedly failed to disclose, however, that as part of this deal, Quality had agreed to pay a similar amount of money back to the truck dealer three days after quarter-end. Celadon’s quarterly financial statements made no mention of this secret agreement, the indictment alleges.
In late 2016 and early 2017, Celadon’s independent auditors began to ask questions about the truck trades that Meek, Peavler, and others had used to hide the drop in truck values. In response, Meek, Peavler and others allegedly made false and misleading statements to the auditors about the nature of the trade transactions, falsely denying they were trades and concealing the terms of these trades, including Quality’s agreement to pay money back to the truck dealer shortly after quarter-end. Peavler also directed a senior executive and co-conspirator to delete certain emails after the auditor had make a request for relevant documents.
In May 2017, Celadon announced that its financial statements issued for fiscal year 2016, which ended June 30, 2016, as well as the quarters ending in September and December 2016 could no longer be relied on, not could the related reports of the independent auditor for those three time periods. Following this announcement, Celadon’s share price dropped significantly, causing a one-day loss in Celadon’s market value of approximately $62.3 million.
An indictment is merely an allegation and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Previously, Danny Williams, 36, of New Palestine, Indiana, the former head of a Celadon subsidiary, pled guilty in April 2019 to conspiracy to commit securities fraud, make false statements to a public company’s accountants, and falsify books, records, and accounts of a public company. Also in April 2019, Celadon itself entered a Deferred Prosecution Agreement with the government, under which it is obligated to pay restitution of $42.2 million.
The FBI’s Indianapolis Field Office and USPIS are investigating the case. The U.S. Securities and Exchange Commission provided assistance and has also filed a civil complaint against the defendants for related conduct. Trial Attorney Kyle W. Maurer and Assistant Chief L. Rush Atkinson of the Criminal Division’s Fraud Section, and Deputy Chief Steven D. DeBrota and Assistant U.S. Attorney Nicholas J. Linder of the Southern District of Indiana are prosecuting the case.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting complex, large-scale fraud schemes, particularly those that exploit positions of trust. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 5.1.
Former COO and CFO of Publicly Traded Transportation Company Charged with Securities Fraud, Bank Fraud and Lying to AuditorsRead the Press Release
The former chief operating officer (COO) and chief financial officer (CFO) of Celadon Group Inc. (Celadon), a publicly traded transportation and trucking company headquartered in Indianapolis, Indiana, were charged in an indictment unsealed today for their alleged role in a complex securities and accounting fraud scheme that resulted in a loss of more than $60 million in shareholder value.
William Eric Meek, 39, and Bobby Lee Peavler, 40, both of Indianapolis were each charged in an indictment filed in the Southern District of Indiana with one count of conspiracy to commit wire fraud, bank fraud, and securities fraud; five counts of wire fraud; two counts of securities fraud; one count of conspiracy to make false statements to a public company’s accountants and to falsify books, records, and accounts of a public company; and one count of making false statements to a public company’s accountants. Peavler was charged with two additional counts of making false statements to a public company’s accountants.
Meek and Peavler were arrested this morning and appeared before U.S. Magistrate Judge Mark J. Dinsmore of the Southern District of Indiana. Both Meek and Peavler were released on bail. The case is assigned to Chief Judge Jane E. Magnus-Stinson for U.S. District Court of the Southern District of Indiana.
“These senior corporate executives at Celadon allegedly orchestrated a securities and accounting fraud scheme that misled shareholders, banks, accountants, and the investing public,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “The Department of Justice and our law-enforcement partners will continue to safeguard market integrity by holding executives who violate the law responsible for their misconduct.”
“Through their scheme of lies, fraud and misrepresentations as alleged in the Indictment, Meek and Peavler damaged the integrity of the market, the corporation, its shareholders and public investors,” said U.S. Attorney Josh J. Minkler of the Southern District of Indiana. “The U.S. Attorney’s Office is committed to prosecuting those individuals in corporate America, who choose to commit corporate fraud, in violation of federal law, and have blatant disregard for those with a financial interest in the corporation.”
“This sends a clear message that those who commit financial fraud will be held accountable. Investors should expect nothing less than complete candor and truth from companies and their executives,” said Special Agent in Charge Grant Mendenhall of the FBI’s Indianapolis Field Office. “The FBI and our agency partners will continue to identify, investigate and pursue those who perpetrate criminal schemes for their own profit.”
“The U.S. Postal Inspection Service has an extensive history of investigating complex financial fraud schemes. A goal of the Postal Inspection Service is to protect investors, as well as the integrity of the financial marketplace from fraudulent activities by trusted insiders who abuse their positions,” said Inspector in Charge Delany De Leon-Colon of the U.S. Postal Inspection Service’s (USPIS) Criminal Investigations Group at National Headquarters. “Anyone who engages in this type of financial fraud scheme should know they will be found and held accountable for their dishonest practices.”
According to the indictment, by approximately 2016, Meek, Peavler, and others at Celadon knew the value of a substantial portion of Celadon’s trucks declined in value in part to a slowdown in the trucking market. In addition, many of those trucks, which were owned by Quality Companies (Quality), one of Celadon’s divisions, had serious mechanical issues that made them unattractive to drivers, further depressing their value. Instead of accounting for this decline in truck values, Meek, Peavler and others allegedly devised a scheme that caused Celadon to conceal tens of millions of dollars in losses to its shareholders, banks and the investing public.
Their scheme involved Quality trading away hundreds of its older and unused trucks to a large truck dealer in exchange for newer used trucks. During the trades, they intentionally inflated the prices on invoices associated with those trades so Celadon’s books would not reflect the fact that Celadon’s trucks were worth significantly less than reported to investors, the indictment alleges. Although they were actually trades, Meek, Peavler, and others allegedly sought to portray the transactions as independent “purchases” and “sales” of trucks in order to avoid heightened scrutiny.
Meek and Peavler also allegedly structured one of the trades in an effort to artificially improve one of Celadon’s quarterly financial statements.. Quality received approximately $25 million from the truck dealer just before the end of Celadon’s fiscal quarter, which Celadon used to pay down its debt and appear to be in compliance with certain lending agreements. Meek, Peavler, and others allegedly failed to disclose, however, that as part of this deal, Quality had agreed to pay a similar amount of money back to the truck dealer three days after quarter-end. Celadon’s quarterly financial statements made no mention of this secret agreement, the indictment alleges.
In late 2016 and early 2017, Celadon’s independent auditors began to ask questions about the truck trades that Meek, Peavler, and others had used to hide the drop in truck values. In response, Meek, Peavler and others allegedly made false and misleading statements to the auditors about the nature of the trade transactions, falsely denying they were trades and concealing the terms of these trades, including Quality’s agreement to pay money back to the truck dealer shortly after quarter-end. Peavler also directed a senior executive and co-conspirator to delete certain emails after the auditor had make a request for relevant documents.
In May 2017, Celadon announced that its financial statements issued for fiscal year 2016, which ended June 30, 2016, as well as the quarters ending in September and December 2016 could no longer be relied on, not could the related reports of the independent auditor for those three time periods. Following this announcement, Celadon’s share price dropped significantly, causing a one-day loss in Celadon’s market value of approximately $62.3 million.
An indictment is merely an allegation and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Previously, Danny Williams, 36, of New Palestine, Indiana, the former head of a Celadon subsidiary, pled guilty in April 2019 to conspiracy to commit securities fraud, make false statements to a public company’s accountants, and falsify books, records, and accounts of a public company. Also in April 2019, Celadon itself entered a Deferred Prosecution Agreement with the government, under which it is obligated to pay restitution of $42.2 million.
The FBI’s Indianapolis Field Office and USPIS are investigating the case. The U.S. Securities and Exchange Commission provided assistance and has also filed a civil complaint against the defendants for related conduct. Trial Attorney Kyle W. Maurer and Assistant Chief L. Rush Atkinson of the Criminal Division’s Fraud Section, and Deputy Chief Steven D. DeBrota and Assistant U.S. Attorney Nicholas J. Linder of the Southern District of Indiana are prosecuting the case.
Corrupt Terre Haute Federal Correctional Officer Sentenced to 30 Months in Federal PrisonRead the Press Release
TERRE HAUTE – United States Attorney Josh J. Minkler announced today that Leon Perry III, 43, Linton, Indiana, was sentenced today in federal court, by U.S. District Judge James P. Hanlon, to 30 months in federal prison, after pleading guilty to charges of conspiracy for officer to permit escape, conspiracy to bribe public officials, officer permitting escape, and public official accepting a bribe.
"Correctional Officers are entrusted to keep the prison and inmates at the facility safe," said Minkler. "Perry not only violated the public’s trust for his own selfish greed, but also threatened the safety of prison employees, inmates, and the Terre Haute community."
Perry worked as a Reservation Patrol Officer at the Federal Prison Camp in Terre Haute, Indiana, and had served as a correctional officer at the Bureau of Prisons for approximately 10 years. Perry was responsible for the security of the prison, which included patrolling the prison grounds to prevent and stop any escape attempts.
While employed at the Camp, Perry accepted bribes from inmates in the form of cash, prescription medication, and other items. In exchange, Perry allowed inmates to leave the prison grounds without permission from the Warden, to have sexual relations with their girlfriends, wives, and other female acquaintances on prison grounds and at nearby hotels, and to smuggle contraband into the prison, including cellular telephones, controlled substances, and alcohol.
This case was investigated by the Federal Bureau of Investigation, the U.S. Department of Justice Office of the Inspector General and the BOP Special Investigative Services.
"This sentence sends a strong message that corruption by law enforcement officers will not be tolerated. These illegal actions undermine the public's confidence in the majority of law enforcement officers who are trustworthy public servants," said Special Agent in Charge Grant Mendenhall, FBI Indianapolis. "The FBI and our law enforcement partners will continue to work diligently to ensure that correctional officers who abuse their position are identified, investigated and prosecuted."
"By accepting bribes in exchange for turning a blind eye to inmates leaving the prison and bringing in dangerous contraband, Perry placed inmates, his fellow Correctional Officers, and the public in harm’s way," said William J. Hannah, Special Agent in Charge of the Chicago Field Office of the Department of Justice Office of the Inspector General.
According to Assistant U.S. Attorney Kyle M. Sawa, who prosecuted this case for the government, Perry will serve two years’ supervised release following his prison sentence.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s priority of investigating and prosecuting public corruption, including those individuals the public trusts to enforce the law in this State and District. This prosecution also shows the Office’s firm commitment maintaining the safety of the employees of the Federal Bureau of Prisons, as well as the safety of the prisoner population. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 5.3 and 2.5.
Service awards presented to retiring members of the Indiana Internet Crimes Against Children Task ForceRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced that the U.S. Attorney’s Office presented service awards to Indiana State Police Captain Charles “Chuck” L. Cohen and Indiana Department of Education Director Catherine “Cathy” J. Danyluk to recognize them for their extraordinary work on behalf of the Indiana Internet Crimes Against Children Task Force.
“The U.S. Attorney’s Office would like to congratulate Chuck Cohen and Cathy Danyluk on their retirement, to thank them for their tireless efforts, and for their exemplary work in protecting children from being sexually exploited by online predators,” said Minkler.
The Internet Crimes Against Children Task Force Program (ICAC) is a national network of 61 coordinated task forces representing more than 4,500 federal, state, and local law enforcement and prosecutorial agencies. These agencies are engaged in both proactive and reactive investigations, forensic examinations, and criminal prosecutions. By helping state and local agencies develop effective, sustainable responses to online child victimization – including responses to child sexual abuse images, the ICAC Program has increased law enforcements capacity to combat technology facilitated crimes against children at every level.
The ICAC Program was developed in response to the increasing number of children and teenagers using the Internet and other technology, the proliferation of child sexual abuse images available electronically, and the heightened online activity by predators seeking unsupervised contact with potential underage victims. Because ICAC Members understand that arrests alone cannot resolve the problem of technology-facilitated child sexual exploitation, the ICAC Program is also dedicated to training law enforcement officers and prosecutors, as well as educating parents and youth about the potential dangers of online activity.
Chuck Cohen, Captain of the Indiana State Police (ISP) and the Commander of Intelligence and Investigative Technologies, will retire in December after having been employed with ISP since 1994. Chuck is also the ICAC Task Force Commander and the Indiana Intelligence Fusion Center Executive Director. Chuck is responsible for the cybercrime, electronic surveillance, technical services, and internet crimes against children units along with overseeing the department’s overt and covert criminal intelligence functions. Chuck speaks internationally on topics including the implications of online social networks in criminal investigations and criminal intelligence gathering, cybercrime, online fraud, money laundering, corruption investigations, and the investigation of skilled criminal offenders. Chuck has trained investigators and analysts on five continents.
Cathy Danyluk, the Director of Student Services and State Attendance Officer for the Indiana Department of Education, has retired after 35 years of service with the department. In that role, Danyluk worked with the Indiana ICAC to provide educational services to teachers, coaches, and other school personnel about online child exploitation. Danyluk and her staff helped the U.S. Attorney’s Office produce videos featuring interviews of convicted sex offenders to help others to understand the offenders’ methods of victim selection and criminal tradecraft. Danyluk also assisted law enforcement in their efforts to identify school aged children in Indiana who had been sexually exploited, but who could not be identified by other methods.
The U.S. Attorney’s Office is proud of Chuck Cohen and Cathy Danyluk and we are grateful for their service in protecting children against internet crimes.
Indianapolis woman indicted for illegal purchase of 36 firearms on eight separate occasions from Indianapolis area gun storesRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today that Iva Patrick, 30, of Indianapolis, was indicted by a grand jury for charges of unlawfully providing false information in connection with a purchase of a firearm.
“If you choose to lie on the federal forms when purchasing a firearm, you must face the consequences,” said Minkler. “Firearms purchased illegally, or for other people, are often purchased for no other reason, but to commit crimes. The Department of Justice and the U.S. Attorney’s Office is committed to reducing gun violence and enforcing federal firearm laws through Project Guardian.”
In July of 2019, investigators from the Indianapolis Crime Gun Intelligence Center (CGIC) initiated an investigation into the suspected firearms trafficking activities of Iva Patrick. Investigators were able to confirm that Patrick purchased at least 36 firearms from federal firearms licensees (FFLs) in the Indianapolis area on at least eight separate occasions between June 15, 2019 and August 9, 2019.
Patrick’s then boyfriend, Jeremy Evans, who is a convicted felon and the father of her three children, instructed Patrick to purchase all of the firearms. Evans was unable to purchase the firearms himself, due to numerous previous felony convictions, and he directed Patrick to purchase the guns for him. Patrick completed the required paperwork for each gun purchase, indicating that the guns were for her, when in fact the guns were being purchased for Evans.
Evans was present in the parking lot of the FFLs during several of the firearms purchases and he specifically told Patrick which firearms to purchase. Once Patrick secured the firearms purchases from the FFLs, the firearms were initially stored at an Indianapolis residence. On August 21, 2019, CGIC investigators executed a search warrant at the Indianapolis residence, where receipts for numerous firearms purchased by Patrick were located and numerous empty firearms boxes, including one firearms box belonging to one of the firearms purchased by Patrick were found. However, no actual firearms purchased by Patrick were recovered during the search at the Indianapolis residence.
Following the search warrant, nine firearms purchased by Patrick were recovered in Chicago, Illinois. Of those nine recovered firearms, it was determined by the National Integrated Ballistic Information Network (NIBIN) that one of the guns purchased by Patrick was used in an unrelated homicide in Chicago where at least four persons were shot and one person died from a gunshot wound. Several firearms purchased by Patrick were recovered in connection with a carjacking, narcotics dealings, other shootings, and in the hands of convicted felons. Investigators are actively working to recover all firearms purchased by Patrick.
Evans was charged by criminal complaint on October 21, 2019, for his participation in a home invasion robbery, which occurred on August 19, 2019. Firearms were stolen from the robbery victim’s residence. Evans was also charged with brandishing a firearm during a crime of violence.
Last week, Attorney General Barr announced Project Guardian, an initiative that focuses on reducing gun violence and enforcing federal firearm laws. This case is a prime example of the Project Guardian initiative at work in the Southern District of Indiana. Law enforcement utilized crime gun intelligence to investigate this case and utilized various investigative resources including the ATF National Tracing Center to run a trace on all recovered guns.
For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download.
This case was investigated by CGIC which is comprised of investigators from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Indianapolis Metropolitan Police Department (IMPD).
“This indictment should make clear that those who knowingly put firearms in the hands of prohibited persons are also responsible for how those firearms are used,” stated Jonathan McPherson, Special Agent in Charge of ATF’s Columbus Field Division. “ATF will continue to work with our law enforcement partners to stop the flow of guns from legal possession into illegal commerce.”
According to Assistant U.S. Attorney Jeremy A. Morris, who is prosecuting the case for the government, Patrick faces up to 10 years in prison, if convicted.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to partner with federal and local law enforcement agencies to prosecute individuals committing violent crimes involving firearms. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.3.
Indianapolis Woman Indicted for Illegal Purchase of 36 Firearms on Eight Separate Occasions from Indianapolis Area Gun StoresRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today that Iva Patrick, 30, of Indianapolis, was indicted by a grand jury for charges of unlawfully providing false information in connection with a purchase of a firearm.
"If you choose to lie on the federal forms when purchasing a firearm, you must face the consequences," said Minkler. "Firearms purchased illegally, or for other people, are often purchased for no other reason, but to commit crimes. The Department of Justice and the U.S. Attorney’s Office is committed to reducing gun violence and enforcing federal firearm laws through Project Guardian."
In July of 2019, investigators from the Indianapolis Crime Gun Intelligence Center (CGIC) initiated an investigation into the suspected firearms trafficking activities of Iva Patrick. Investigators were able to confirm that Patrick purchased at least 36 firearms from federal firearms licensees (FFLs) in the Indianapolis area on at least eight separate occasions between June 15, 2019 and August 9, 2019.
Patrick’s then boyfriend, Jeremy Evans, who is a convicted felon and the father of her three children, instructed Patrick to purchase all of the firearms. Evans was unable to purchase the firearms himself, due to numerous previous felony convictions, and he directed Patrick to purchase the guns for him. Patrick completed the required paperwork for each gun purchase, indicating that the guns were for her, when in fact the guns were being purchased for Evans.
Evans was present in the parking lot of the FFLs during several of the firearms purchases and he specifically told Patrick which firearms to purchase. Once Patrick secured the firearms purchases from the FFLs, the firearms were initially stored at an Indianapolis residence. On August 21, 2019, CGIC investigators executed a search warrant at the Indianapolis residence, where receipts for numerous firearms purchased by Patrick were located and numerous empty firearms boxes, including one firearms box belonging to one of the firearms purchased by Patrick were found. However, no actual firearms purchased by Patrick were recovered during the search at the Indianapolis residence.
Following the search warrant, nine firearms purchased by Patrick were recovered in Chicago, Illinois. Of those nine recovered firearms, it was determined by the National Integrated Ballistic Information Network (NIBIN) that one of the guns purchased by Patrick was used in an unrelated homicide in Chicago where at least four persons were shot and one person died from a gunshot wound. Several firearms purchased by Patrick were recovered in connection with a carjacking, narcotics dealings, other shootings, and in the hands of convicted felons. Investigators are actively working to recover all firearms purchased by Patrick.
Evans was charged by criminal complaint on October 21, 2019, for his participation in a home invasion robbery, which occurred on August 19, 2019. Firearms were stolen from the robbery victim’s residence. Evans was also charged with brandishing a firearm during a crime of violence.
Last week, Attorney General Barr announced Project Guardian, an initiative that focuses on reducing gun violence and enforcing federal firearm laws. This case is a prime example of the Project Guardian initiative at work in the Southern District of Indiana. Law enforcement utilized crime gun intelligence to investigate this case and utilized various investigative resources including the ATF National Tracing Center to run a trace on all recovered guns.
For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download.
This case was investigated by CGIC which is comprised of investigators from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Indianapolis Metropolitan Police Department (IMPD).
"This indictment should make clear that those who knowingly put firearms in the hands of prohibited persons are also responsible for how those firearms are used," stated Jonathan McPherson, Special Agent in Charge of ATF’s Columbus Field Division. "ATF will continue to work with our law enforcement partners to stop the flow of guns from legal possession into illegal commerce."
According to Assistant U.S. Attorney Jeremy A. Morris, who is prosecuting the case for the government, Patrick faces up to 10 years in prison, if convicted.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to partner with federal and local law enforcement agencies to prosecute individuals committing violent crimes involving firearms. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.3.
Kokomo members of drug trafficking organization convicted by juryRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today that Michael O’Bannon, 35, Michael Jones, 37, Jason Reed, 50, and Shaun Myers, 37, all from Kokomo, Indiana, were convicted on drug trafficking, firearms charges and money laundering, following a three-week jury trial, in the federal court in Indianapolis, before U.S. District Judge James R. Sweeney II.
Defendant Michael O’Bannon was also convicted of conspiring to commit a murder for hire, as charged in the indictment. The drug trafficking organization believed that the intended victim posed a risk to the organization as a suspected informant.
“Kokomo is a much safer community today following the rendering of a guilty verdict in this jury trial,” said Minkler. “The U.S. Attorney’s Office will continue to dismantle drug trafficking organizations responsible for bringing methamphetamine, fentanyl, and other dangerous drugs into our communities and we will hold those individuals involved accountable.”
Reggie Balentine was the leader of the distribution conspiracy, with Pierre Riley being his source of supply operating from Macon, Georgia, and bringing controlled substances into Kokomo. Balentine worked with Perry Jones and others to distribute controlled substances, while Kristin Kinney stored the controlled substances and helped count the proceeds. Balentine sold the controlled substances to Michael Jones, Jason Reed, Deshoun Everhart, Michael O’Bannon and Derrick Owens for redistribution.
Over 17 pounds of methamphetamine, over two pounds of cocaine, two ounces of heroin, 122 grams of fentanyl, six ounces of marijuana, two money counters, 12 vehicles, $37,000 and 24 firearms were confiscated during the execution of several search warrants, served at 13 difference locations in Kokomo and in the Macon, Georgia area on May 1, 2018.
The following defendants previously pleaded guilty to federal criminal charges and are awaiting sentencing:
Pierre Riley, 51, Macon, Ga.
Reggie Balentine, 42, Kokomo, Ind.
Kristin Kinney, 40, Kokomo, Ind.
Deshoun Everhart, 41, Warsaw, Ind.
Perry Jones, 44, Kokomo, Ind.
Melissa Baird, 40, Kokomo, Ind.
Bradley Clark, 36, Kokomo, IN
Derrick Owens, 38, Terre Haute, Ind.
Thomas Jones, 24, Kokomo, Ind.
Patricia Acord, 60, Kokomo, Ind., pleaded guilty to being a felon in possession of a firearm and was sentenced in a related case on December 13, 2018 to 46 months’ imprisonment followed by two years of supervised release.
Diondre Jones, 26, Indianapolis, Indiana, pleaded guilty to drug trafficking charges and being a felon in possession of a firearm in furtherance of drug trafficking activity. Jones was sentenced by separate proceeding on January 10, 2019 to 117 months’ imprisonment followed by three years of supervised release.
Antwon Abbott, 40, Kokomo, Ind., charged with possession with intent to distribute methamphetamine is set for a November 25, 2019 bench trial.
This case was investigated by the Drug Enforcement Administration, Kokomo Police Department, Internal Revenue Service Criminal Investigation, United States Postal Inspection Service, Howard County Prosecutor’s Office, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Marshal Service, Hendricks County Sheriff’s Department, Vigo County Drug Task Force, Indiana State Police, Indianapolis Metropolitan Police Department, Miami County Prosecutor’s Office, Terre Haute Police Department, Warsaw Police Department, Indiana National Guard Counter Drug, and the Howard County Sheriff’s Department.
“The guilty verdict for members of the Reggie Balentine, drug trafficking organization was justice for the fine citizens of Kokomo,” said DEA Assistant Special Agent in Charge Michael Gannon. “This organization was one of the most violent drug trafficking organizations ever to operate in Kokomo. They used violence, fear and intimidation as a platform to feed their illegal activities. The dismantlement of this organization allows the citizens of Kokomo to sleep better and puts all drug dealers on notice that DEA and their state, local and federal counterparts will utilize all resources available to hold violent offenders accountable. DEA thanks the Kokomo Police Department and the United States Attorney’s Office for their outstanding work.”
“On behalf of the Kokomo Police Department, we would like to thank our partners at the Drug Enforcement Administration, AUSA Michelle Brady, and all of the law enforcement agencies who participated in the investigation of Operation Law and Order,” said Captain Tonda Cockrell of the Kokomo Police Department. “This extensive investigation was invaluable to disrupting the Domestic Drug Trafficking Organization of Reggie Balentine, and his associates, here in Kokomo, Indiana.”
“These guilty verdicts demonstrate IRS Criminal Investigation’s commitment to working with the United States Attorney’s Office and our partner agencies to dismantle drug trafficking organizations”, said Kathy A. Enstrom, IRS-CI Special Agent in Charge, Chicago Field Office. “IRS-CI is proud to contribute our financial expertise to this investigation which has had a direct impact on the safety of the Kokomo community.”
“The successful outcome of this investigation highlights the diligent efforts of Postal Inspectors and their various law enforcement partners as the U.S. Postal Inspection Service continues to pursue traffickers of all narcotics,” said Ed Gallashaw, Acting Inspector in Charge of the U.S. Postal Inspection Service Detroit Division. “The Inspection Service’s goal is to inhibit the spread of illegal substances and protect postal employees and customers from violence related to drug trafficking. The excellent teamwork demonstrated throughout the investigation to identify and dismantle this particular drug trafficking organization has brought us closer to that goal and consequently made Kokomo a safer place to live, work, and play. ”
“The Kokomo community deserves to be able to go about their lives without fear of violence,” said Jonathan McPherson, Special Agent in Charge of ATF’s Columbus Field Division. “ATF will continue to work with our partners at all levels of government to work together to make Kokomo safer for all of us.”
According to Assistant United States Attorneys Michelle P. Brady and Jeremy A. Morris, who prosecuted this case for the government, Michael O’Bannon, Michael Jones, Jason Reed and Shaun Myers all face up to life imprisonment followed by five years’ supervised release.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to partner with federal and local law enforcement agencies to prosecute individuals bringing fentanyl, methamphetamine, cocaine and heroin into our communities. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 3.3.
Muncie Mayor Dennis Tyler Indicted on Corruption-Related ChargeRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today that the Mayor for the City of Muncie, Indiana has been indicted on a charge of accepting a $5,000 illegal cash payment after he steered lucrative excavation work to a local contractor. The arrest is part of an on-going investigation by the United States Attorney’s Office and the Federal Bureau of Investigation into illegal payments associated with public works projects in Muncie.
"Public officials are entrusted to perform a public service and to legitimately conduct business in the best interest of the community that they represent," said Minkler. "Tyler not only betrayed the trust of his community, but violated federal law, and all in an effort to serve his own personal interests. My office intends to prosecute Tyler to the full extent of the law."
Mayor Dennis Tyler, 76, of Muncie, Indiana, was arrested at his home Monday morning, November 18, 2019, and had his initial appearance that same afternoon in the federal courthouse in Indianapolis. He has served as Muncie’s Mayor since he was elected to that position in 2012. As Mayor, Tyler has authority over supervising subordinate officers, signing bonds, deeds, and contracts of the city, approving licenses issued by the city, and overseeing Muncie’s departments and agencies.
"Public corruption is the top criminal investigative priority for the FBI. It erodes public confidence and undermines the strength of our democracy," said Special Agent in Charge Grant Mendenhall, FBI Indianapolis. "There is a growing intolerance by the American people of public corruption, an intolerance reflected in the willingness to come forward and report abuse of public office. We are always grateful for those who report corruption. That information is critical to our work."
The arrest is part of a multi-year and on-going investigation by the Federal Bureau of Investigation and the Internal Revenue Service into the payment of kickbacks in exchange for public works projects and other corruption-related matters in Muncie that have resulted in the following federal cases:
United States v. Craig Nichols, Former Building Commissioner, 17-CR-0021-TWP- DML, pleaded guilty to wire fraud and money laundering, sentenced to 24 months in prison.
United States v. Tracy Barton, Former Superintendent of Sewer Maintenance, 18-CR- 284-JMS-DLP, set for jury trial on April 3, 2020.
United States v. Jeff Burke, Local Business Man, 18-CR-285-SEB-DLP, set for jury trial on Oct. 28, 2020.
United States v. Rodney Barber, Local Contractor, 19-CR-190-JMS-DML, set for jury trial on March 13, 2020.
United States v. Debra Nicole Grigsby and Tony Franklin, District Administrator of Muncie Sanitary District and Local Contractor, 19-CR-231-JRS-DLP, set for jury trial Feb. 10, 2020.
According to Assistant U.S. Attorney Tiffany J. Preston, who is prosecuting this case for the government, Tyler faces up to 10 years’ in federal prison if convicted of the charge.
An Indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting large-scale fraud schemes that warrant federal resources and arrest those who abuse their positions of trust. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 5.3.
Plainfield Man Sentenced to 35 Years for Sexual Exploitation of a ChildRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today that Kevin C. Baker, 56, Plainfield, Indiana, was sentenced today in federal court, by U.S. District Judge James Patrick Hanlon, to 35 years’ in federal prison, after having previously pleaded guilty to charges of sexual exploitation of a minor child.
“Protecting minor children from sexual predators is a top priority for the U.S. Attorney’s Office,” said Minkler. “We will use all available resources to locate and prosecute those who choose to sexually exploit minor children.”
Baker was charged on June 22, 2017, with several counts of sexually exploiting a child and possession of child pornography. Approximately one year after Baker’s conviction for accosting, enticing, or soliciting a child for an immoral purpose, in the 37th Circuit Court of Calhoun County, in Battle Creek, Michigan, for which he received a sentence of 48 months’ probation, Baker reoffended. On or about June 14, 2017, Baker used a messaging application to meet and correspond with Minor Victim 1, who was 13 years’ old. During those conversations, Baker induced Minor Victim 1 to produce child pornography images of herself, and distribute them to Baker.
During the evening of June 15, 2017, Baker traveled from Plainfield, Indiana, to Paxton, Illinois, and coerced and enticed Minor Victim 1 to cross state lines, and travel back with him to a hotel in Plainfield for the purpose of having sexual contact with her.
Baker abandoned Minor Victim 1 at the hotel. Approximately one day later, Minor Victim 1 left the hotel alone and barefoot, and used the telephone at a tire shop to call her mother, who called the local police department. Officers from the Plainfield Police Department later recovered Minor Victim 1 at a nearby restaurant.
This case was investigated by the Federal Bureau of Investigation (FBI) and the Plainfield Police Department.
“While no sentence can change the damage that Mr. Baker has inflicted to his young victim, it should serve as an example to others who sexually exploit children that they too should expect appropriately strong punishment for their heinous actions,” said Special Agent in Charge Grant Mendenhall, FBI Indianapolis. “It should also serve as a reminder that the FBI and our law enforcement partners remain committed to identifying, investigating and bringing these defendants to justice.”
According to Assistant U.S. Attorney Tiffany J. Preston, who prosecuted this case for the government, Baker will serve lifetime supervised release following his prison sentence.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to utilize and partner with law enforcement agencies to prosecute individuals engaged in the sexual exploitation of children. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 4.1.
Attorney General Announces Launch of Project Guardian - A Nationwide Strategic Plan to Reduce Gun ViolenceRead the Press Release
INDIANAPOLIS – Today, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the "Triggerlock" program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
"Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian," said Attorney General William P. Barr. "Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally."
"The U.S. Attorney’s Office, through Project Guardian, proactively seeks to prevent gun violence by prosecuting violent offenders, by removing crime guns from our neighborhood communities, and by ensuring only those who are legally eligible to possess firearms do so," said Minkler. "We will continue to coordinate our efforts with federal, state and local law enforcement agencies and we will utilize all available resources, including background checks, mental health assessments, and the Crime Gun Intelligence Center."
"ATF has a long history of strong partnerships in the law enforcement community," said Acting Director Regina Lombardo. "Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms."
Project Guardian’s implementation is based on five principles:
1) Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
2) Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.
Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
3) Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
4) Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety.
Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
5) Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.
Below are a handful of cases currently being prosecuted in the Southern District of Indiana in accordance with Project Guardian:
Ricky McGee, 50, Indianapolis, Armed Career Criminal indicted on charges of being a felon in possession of a firearm, investigation conducted by the Crime Gun Intelligence Center.
Kerry Kimbrough, 29, Indianapolis, indicted on charges of being a felon in possession of a firearm and ammunition. Kimbrough was arrested on Sept. 10, 2019, during a traffic stop due to an outstanding arrest warrant issued for a supervised release violation. Kimbrough was on supervised release for a prior conviction involving a pharmacy robbery and threats of violence during that same robbery. During the traffic stop, Kimbrough was found in possession of a loaded Glock handgun.
James Austin, 36, Indianapolis, indicted on charges of being a felon in possession of a firearm. A hotel security guard advised that he saw Austin get upset, pull a silver handgun out of his waistband, and stated that Austin "began pointing it everywhere" inside of a busy hotel lobby. The security guard called 911. When police arrived, Austin made eye contact with the officers and then fled on foot. A police chase ensued and Austin refused to stop when commanded to stop by the officers. During the chase, a silver handgun fell from Austin’s waistband onto the street. The loaded firearm was recovered by police. Austin has multiple prior felony convictions including a felon in possession of a firearm conviction in 2007.
Larry Patton, 28, Indianapolis, indicted on charges of being a felon in possession of a firearm, investigation conducted by the Crime Gun Intelligence Center. Patton was arrested following a traffic stop in which he refused to stop. After wrecking his vehicle into three other vehicles, Patton exited his vehicle and fled on foot. As police chased Patton, Patton pulled a loaded Glock pistol from his waistband and threw the pistol down on an embankment. Police recovered the loaded pistol following the apprehension of Patton. The pistol had previously been reported stolen. Patton purchased the pistol from an unknown individual for $200 in December of 2018.
Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.
For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download.
Crime Gun Intelligence Center assists law enforcementRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today that Larry Patton, 28, Indianapolis, Indiana, was indicted on charges of unlawful possession of a firearm by a convicted felon following an investigation conducted by the Crime Gun Intelligence Center (CGIC).
“As part of the Attorney General’s top Department of Justice priorities, we will continue to utilize CGIC to identify and prosecute those individuals illegally in possession of firearms,” said Minkler.
Patton came to the attention of CGIC as a result of being a suspect in multiple shootings in Indianapolis. During the investigation of Patton, CGIC investigators did surveillance on Patton and learned that he was the subject of several outstanding Marion County felony warrants.
Investigators attempted to initiate a traffic stop on Patton in which he refused to stop. After wrecking his vehicle into three other vehicles, Patton exited his vehicle and fled on foot. As police chased Patton, Patton pulled a loaded Glock pistol from his waistband and threw the pistol down on an embankment. Police recovered the loaded pistol following the apprehension of Patton. The pistol had previously been reported stolen. Patton purchased the pistol from an unknown individual for $200 in December of 2018.
CGIC is an interagency collaboration focused on the immediate collection, management, and analysis of crime gun evidence in real time, in an effort to identify shooters, disrupt criminal activity, and prevent future violence. The primary outcome of CGIC is identifying armed violent offenders for investigation and prosecution.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Indianapolis Metropolitan Police Department (IMPD).
“Through crime gun intelligence and solid investigative work by ATF and IPMD, Patton was brought into custody,” said Jonathan McPherson, Special Agent in Charge of ATF’s Columbus Field Division.
“IMPD investigators in the Crime Gun Intelligence Center work closely with the crime lab and our law enforcement partners to focus on violent individuals and the crime guns they utilize,” said IMPD Chief Bryan Roach. “The CGIC model allows us to more effectively hold accountable individuals like Mr. Patton who are disproportionately responsible for gun crimes in our city. Since January, these collaborative investigations have resulted in the removal of 293 violent individuals and 211 crime guns from our community.”
According to Assistant United States Attorney Lawrence D. Hilton, who is prosecuting the case for the government, Patton faces up to 10 years in federal prison followed by 36 months’ of supervised release.
An Indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to partner with federal and local law enforcement agencies to prosecute individuals committing violent crimes involving firearms. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.3.
MS-13 gang member sentenced to 42 months in federal prisonRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today that Walter Adan Martinez, 37, El Salvador, was sentenced to 42 months in federal prison by U.S. District Judge James P. Hanlon. Martinez previously pleaded guilty by information to charges of illegal re-entry.
“The U.S. Attorney’s Office remains committed to prosecuting those individuals who illegally re-enter the country, especially those who have violent criminal histories, and are a risk to public safety,” said Minkler.
Martinez, an MS-13 gang member from El Salvador, has a lengthy criminal history and was originally deported in 2011, subsequent to two previous felony convictions for second degree assault and leaving the scene of an accident causing injury. Martinez later returned to the United States and was arrested again in January of 2014 on felony charges of sexual misconduct with a minor. Martinez was sentenced to the Indiana Department of Correction. Following Martinez’s release from state custody in January of 2019, Martinez was turned over to the federal immigration authorities on a previously issued detainer and was held in custody until being arrested in 2019.
This case was investigated by U.S. Immigration and Customs Enforcement (ICE) and Removal Operations (ERO).
“Walter Martinez is a known MS-13 gang member and convicted felon who was removed from the United States only to resurface and be arrested – and convicted, for sexual misconduct of with a minor,” said Field Office Director Robert Guadian, ICE’s Enforcement and Removal Operations (ERO) Chicago. “It is the job of the brave men and women of ERO to continue to take those who break the laws of this country off the streets and see that they are removed back to their home countries.”
According to Assistant United States Attorney Kathryn E. Olivier, who prosecuted this case for the government, Martinez will serve three years of supervised release following his prison sentence and is subject to deportation.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to utilize and partner with law enforcement agencies to prosecute illegal immigration cases. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 1.8.
Leader of drug trafficking organization sentenced to 30 years in prisonRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today that Ricardo Ochoa-Beltran, 30, of San Mateo, California was sentenced to 30 years in federal prison by U.S. District Judge Tanya Walton Pratt. Ochoa-Beltran was the leader of a drug trafficking and money laundering organization that operated out of California and Indiana to distribute methamphetamine, heroin, and cocaine in the Indianapolis area from early 2016 to Ochoa-Beltran’s arrest on July 17, 2017. Ochoa-Beltran previously pleaded guilty to charges of drug trafficking and money laundering.
“Members of drug trafficking organizations, such as the one led by Ochoa-Beltran, who choose to peddle drugs into Indianapolis neighborhoods will be identified and prosecuted to the full extent of the law,” said Minkler. “The U.S. Attorney’s Office is committed to prosecuting those individuals involved in drug trafficking organizations and dismantling those organizations in an effort to keep our communities safe.”
Ochoa-Beltran’s drug trafficking organization obtained drugs in various ways, including via packages shipped from California to Indiana. Law enforcement intercepted hundreds of thousands of dollars’ worth of controlled substances over the course of their two-year investigation. Ochoa-Beltran laundered the funds generated by the drug trafficking organization by funneling drug proceeds through 30 different individual bank accounts, sending international wire transfers to Mexico (primarily, Sinaloa) using false sender names through InterCambio Express wire transfers, and by smuggling cash in bulk across the country.
This case was the result of an investigation by the Drug Enforcement Administration (DEA), Internal Revenue Service Criminal Investigation (IRS), and the Metro Drug Task Force.
“The sentencing of Ochoa-Beltran to 30 years in federal prison puts all violent drug trafficking organizations on notice that they will be held accountable for their disgraceful conduct and illegal activities,” said DEA Assistant Special Agent in Charge Michael Gannon. “Throughout the course of this investigation, agents seized over 20 firearms and multiple pounds of methamphetamine from Ochoa-Beltran and his associates. DEA remains committed to protecting fellow Hoosiers by relentlessly pursuing drug dealers who prey on our communities. DEA would like to thank their state, local, and federal partners for dismantling this highly sophisticated organization. Today, Mr. Ochoa-Beltran paid a debt no drug dealer ever wants to pay; he lost his freedom!”
“The laundering of illegal drug profits is as important and essential to drug traffickers as the very distribution of their illegal drugs,” said Kathy A. Enstrom, IRS-CI Special Agent in Charge, Chicago Field Office. “Without these ill-gotten gains, the traffickers could not finance their organizations. IRS Criminal Investigation is proud to provide its financial expertise as we work alongside our law enforcement partners to bring criminals to justice.”
According to Assistant United States Attorneys M. Kendra Klump and Lawrence D. Hilton, who prosecuted this case for the government, Ochoa-Beltran will serve five years of supervised release following his imprisonment.
The remaining defendants were sentenced as follows: Joel Alvarado-Santiago, 90 months; Miguel Lara-Leon, 260 months; Angelica Guzman-Cordoba, 240 months; Cesar Salgado, 140 months; Megan Castleton, 90 months; Bryan Stocker, 60 months; Lissa Garcia, 46 months; and Roberto Martinez-Hernandez, 18 months’ imprisonment.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting transnational drug-trafficking organizations that threaten the Southern District of Indiana. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 3.1.