Southern District of Indiana
Press releases recorded for this federal judicial district.
Minkler calls for reduction in gun violence in IndianapolisRead the Press Release
U.S. Attorney’s Project Safe Neighborhoods initiative targets the most violent offenders while collaborating with community members, business leaders and faith-based groups
PRESS RELEASE
Indianapolis-United States Attorney Josh Minkler announced today a meeting he held in his office with members of the Indianapolis community to help reduce gun violence. The meeting was held to discuss Project Safe Neighborhoods on ICE, an initiative linking the federal prosecutor’s office with members of (I) Individual Community Members, (C) Council of Private Sector Partners and (E) Evangelical and faith-based members.
“Law enforcement alone cannot stem the violent crime trend alone, it takes us all,” said Minkler. “If we broaden our base of those vested in the problem by force-multiplying our strengths, we can make a difference.”
The Department of Justice has identified Indianapolis as a city with 2.5 times the national average for violent crime. To date Indianapolis has experienced 91 criminal homicides and approximately 275 non-fatal shootings; an unacceptable statistic for a vibrant city like Indianapolis. To help reduce the violent trend, Minkler has assigned an Assistant United States Attorney to each of the IMPD Districts to focus federal resources on the most violent criminals using guns to terrorize our neighborhoods. Working with IMPD’s District Commanders, the ultimate goal is to reduce the number of criminal homicides and non-fatal shootings. To date approximately 150 federal defendants face criminal charges which carry more significant penalties and helps to insure safer neighborhoods.
Today’s meeting introduced members of varying groups from Indianapolis to brainstorm other ideas for violence reduction. The group’s task was to identify the Big Picture Goal, Identify the Problem, Solutions to the Problem and what Action Steps are needed.
The meeting also included Ms. DeAndra Yates-Dycus whose son DeAndre Knox was shot in 2014, while attending a friend’s birthday party. DeAndre was shot in the head and survived but is not able to speak or walk and is confined to a wheel chair. In addition, Ms. Cheree Sampson spoke to the group. Her 14-year-old son Daron Johnson was shot and killed in June of this year while attending a birthday party in Lawrence. Both were very powerful speakers that brought home the point that their lives are forever changed.
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 violent crime using firearms. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 2.3
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Seven defendants face federal drug chargesRead the Press Release
All alleged to have brought large quantities of narcotics into the Evansville area.
PRESS RELEASE
Indianapolis-United States Attorney Josh Minkler announced today that seven defendants face federal drug charges for their role in bringing large quantities of illegal drugs into the Evansville area.
“Maintaining the safety of our neighborhoods remains a top priority of my office,” said Minkler. “The violence that often comes with drug dealing is disruptive to the well-being of the citizens of Evansville.”
On July 10, 2018, Seroy Mobley 34, Evansville, Seneca Binder, 37, Evansville, Eric Wilkerson, 37, Whitestown, Kentucky, and Carl Kirkland, 53, Antioch, California, were indicted for conspiracy to distribute methamphetamine. Mobley is alleged to be the main distributor who received his supply of methamphetamine from Kirkland who lived in California. Binder and Wilkerson received their methamphetamine from Mobley and would redistribute the drug in and around the Evansville area. Law enforcement executed warrants at Mobley’s residence where they found 350 grams of methamphetamine and a firearm in the bedroom of Mobley’s infant child. All remain in the custody of the U.S. Marshal’s Service.
On July 11, 2018, Justin Helsley, 27, Evansville, and Nicholas Grayson, 27, Evansville, were charged with conspiracy to distribute Oxycodone. It is alleged that Helsley received his supply of drugs from a dealer in Los Angeles, California, and Grayson helped him distribute the narcotics locally. Federal authorities traveled to California and worked closely with law enforcement there and arrested Helsley and Grayson. DEA agents, Evansville-Vanderburgh County Drug Task Force Officers and deputies from the Warrick County Sheriff’s Department executed federal and state search warrants in connection with this investigation and seized eight firearms, several pounds of marijuana, nearly five pounds of heroin, several hundred Oxycodone pills and over $1 million in cash.
On July 25, 2018, Demarco Davis, 37, Evansville, was charged by a criminal complaint with conspiracy to distribute in excess of 500 grams of methamphetamine. DEA and Evansville-Vanderburgh County Drug Task Force received information that Demarco Davis was alleged to be a large-scale methamphetamine trafficker in the Evansville area. Demarco met with his source of supply in an Evansville hotel and exchanged bags believed to be filled with cash and methamphetamine. As Davis left the hotel, he was arrested and found to be in possession of a large quantity of methamphetamine to which he had just paid $64,000 in United States currency. Davis remains in the custody of the U.S. Marshal’s Service.
These cases are being investigated by the DEA, the Evansville-Vanderburgh County Drug Task Force and the Warrick County Sheriff’s Department.
“Those who deal drugs in this community bring a great deal of violence and prey on the vulnerabilities of those with substance abuse problems,” said Doug Freyberger, Resident Agent in Charge of the DEA in Evansville. “We will continue to work with our local partners to make this community a safer place to live, work and raise a family.”
“These arrests highlight the strong working relationship between the Evansville Police Department and our partners at the Drug Enforcement Agency,” said Sergeant Jason Cullom. “We appreciate the work being done by the DEA and our Task Force Officers as we continue to address the issues of drug abuse and addiction.”
“We are working fiercely to remove drugs and drug dealers from our streets,” said Vanderburgh County Sheriff Dave Wedding. “We hope that the dealers are punished severely and that the addicts are offered treatment; enforcement and education/treatment may slow the distribution and usage in our community.”
Indictments and criminal complaints are only charges and 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 traffic in large quantities of methamphetamine and other dangerous drugs. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 3.3
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Ingalls, Indiana fire chief faces federal child exploitation chargesRead the Press Release
Alleged to have had a sexual relationship with a 17 year old female under his supervision
PRESS RELEASE
Indianapolis-United States Attorney Josh Minkler announced today that the former Fire Chief of Ingalls, Indiana has been charged with sexual exploitation of a child. Brian Cushman, 29, Ingalls, had his initial appearance in federal court last week and was released on GPS monitoring today.
“This office will not tolerate the sexual abuse of our children by those who are supposed to lead our children from positions of trust,” said Minkler. “Giving a child a learning opportunity, career guidance, or athletic training should not come at a cost of a child’s innocence.”
Indiana State Police received information from the Madison County Prosecutor’s Office that there were allegations of underage alcohol consumption and sexual misconduct at Cushman’s residence in Ingalls during a time when Cushman was the fire chief of the Ingalls Fire Department.
After interviewing several witnesses and victims, law enforcement officials determined that Cushman allegedly provided alcohol to Minor Victim 1 and another child. Police also learned that Cushman had sexual contact with Minor Victim 1 in the course of his employment with the Fire Department. Search warrants were obtained for Cushman’s residence and cell phone. Forensic examiners discovered sexually explicit images of Minor Victim 1 and Cushman on his cell phone dating back to January 2018.
This case was investigated by the FBI and the Indiana State Police.
“The sexual victimization of a child is a heinous crime,” said Indiana State Police Superintendent Doug Carter. “And in this particular case, it’s even worse the crime is alleged to have been committed by a public safety official that we encourage our youth to seek out when they need help.” Carter concluded, “I’m grateful to the dedicated state police forensic computer experts that were able to aid in the recovery of evidence of the alleged crimes.”
According to Assistant United States Attorney Kristina M. Korobov who is prosecuting this case for the government, Cushman could face up to 30 years imprisonment if convicted.
A criminal complaint is only a charge and 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 exploit or harm children and to work closely with Project Safe Childhood. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 4.1.
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Syrian national indicted on federal firearms chargesRead the Press Release
Defendant charged with unlawfully possessing firearms and making false statements
in connection with the attempted purchase of firearms from a local sporting goods store
PRESS RELEASE
Indianapolis-United States Attorney Josh Minkler announced today that a Syrian national faces federal charges for unlawfully purchasing and possessing firearms, as well as lying on federal forms while attempting to purchase another firearm. Majd Al Helwani, 24, Fishers, was indicted today and charged with four felony counts related to those activities.
“Aggressively prosecuting individuals who are not lawfully permitted to purchase or possess firearms is a cornerstone of a safe society,” said Minkler. “We are grateful to the collaborative partners who brought this to our attention and encourage all citizens to adhere to the campaign: If you see something, say something.”
This case stems from an investigation by the U.S. Department of Homeland Security, Homeland Security Investigations (HSI), assisted by the Federal Bureau of Investigation. In December of 2017, law enforcement officials received information from a concerned citizen that Al Helwani was in possession of at least one firearm, an AR-15 style, .223 caliber rifle. After HSI agents determined that Al Helwani had been admitted into the United States as a non-immigrant tourist, and was thereafter prohibited from possessing firearms, authorities obtained a search warrant for his residence. When agents arrived at his home to execute the warrant, Al Helwani came to the door armed with a loaded 9-millimeter handgun. A Sabal Arms, .223 caliber rifle was also recovered from the home.
During the course of the subsequent federal investigation, HSI agents learned that Al Helwani had attempted to purchase a shotgun from an Indianapolis area sporting goods store in October of 2016. As alleged in today’s indictment, Al Helwani misrepresented his immigration status during the course of that transaction by indicating he had not been admitted into the United States as a non-immigrant tourist.
“These charges send a message to those who lie in order to obtain firearms,” said Special Agent in Charge James M. Gibbons, Chicago HSI. “HSI is committed to working with our enforcement partners to combat those who threaten national security.”
According to Assistant United States Attorney Matthew J. Rinka who is prosecuting this case for the government, Al Helwani faces a maximum of ten years in prison if convicted.
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 prosecuting those who illegally possess firearms. United States Attorney’s Office, Southern District of Indiana Strategic Plan 1.8, 2.9.
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High school swim coach faces federal child sexual exploitation and pornography chargesRead the Press Release
Defendant is alleged to have had a sexual relationship with student athlete and filmed such sexual activity
PRESS RELEASE
Indianapolis-United States Attorney Josh Minkler announced today that a swim coach with Carmel High School faces federal charges for his alleged sexual involvement with one of his athletes. John C. Goelz, 29, Carmel, faces charges of sexual exploitation of a minor and possession of child pornography.
Goelz was arrested July 3, 2018, and remains in the custody of the U.S. Marshals Service. He will have a detention hearing July 10, 2018, in Federal Court in Indianapolis.
“Protecting our youth from sexual predators will always remain a top priority of this office,” said Minkler. “Those we put trust in to supervise and coach our children cannot be allowed to take advantage of them and will face tough federal prosecution.”
On June 29, 2018, law enforcement officials learned that Goelz may be involved in an inappropriate sexual relationship with a female athlete that he coached at the Carmel Swim Club and the Carmel High School Swim Team. Agents and officers were able to capture screen shots of text messages exchanged between Goelz and the minor victim. The messages indicated there was a sexual relationship between the two dating back to February 2018.
A search warrant was secured for Goelz’s residence and his personal cell phone. Further investigation revealed that Goelz and the minor victim were involved in a sexual relationship, which included having sex at public parks in Hamilton County, Goelz’s residence, and a hotel in Anderson, Indiana. The investigation further revealed that Goelz filmed the sexual activity with the minor victim at the hotel in Anderson, Indiana, using his cell phone, and a video file depicting the sexual activity was found on his cell phone.
This case was investigated by the U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI) and the Hamilton County Metro Child Exploitation Task Force.
“This individual will no longer be able to victimize a child because highly skilled investigators from the Carmel and Fishers Police Departments in cooperation with Homeland Security Investigations are able to work together and focus on these troubling cases,” said Captain Andy Dietz, Task Force Director. “This investigation and arrest should serve as a warning to those who would prey upon our children.”
“These charges are especially disturbing given the defendant’s position of trust,” said Special Agent in Charge James M. Gibbons, Chicago HSI. “These allegations send a strong message to child predators that HSI is committed to bringing those who exploit children to justice.”
According to Assistant United States Attorney MaryAnn T. Mindrum who is prosecuting this case for the government, Goelz could face a minimum of fifteen years in prison if convicted.
If members of the public have further information regarding this case, they are encouraged to contact the Hamilton County Metro Child Exploitation Task Force at 317 595-3361.
A criminal complaint 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 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 4.1 and 4.2
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High school assistant track coach faces federal child sexual exploitation and pornography chargesRead the Press Release
Defendant is alleged to have had hundreds of videos and other images on his cell phone
PRESS RELEASE
Indianapolis-Josh J. Minkler, the United States Attorney for the Southern District of Indiana, announced today that an Attica Indiana High School assistant boys and girls track coach was arrested on child exploitation charges. Jeremy Kelley, 39, from the town of Attica, was arrested yesterday and faces charges of sexual exploitation of a child, receipt of child pornography and possession of child pornography.
“Protecting and advocating for our most vulnerable has always been a top priority of my office,” said Minkler. “Those who take advantage of this district’s children can expect the full hammer of federal prosecution.”
In January 2018, law enforcement officials from the Montgomery County Sheriff’s Office received a tip from the National Center for Missing and Exploited Children. The follow-up investigation lead officials to a social media account owned by Kelley. Montgomery County deputies obtained search warrants for Kelley’s accounts and found over 16,000 images, most of which contained child pornography and over 500 video files.
On June 29, 2018, federal and local law enforcement served a search warrant at Kelley’s residence and found 451 videos and 27,000 images, most of which contained child pornography on his telephone.
Kelley was arrested and remains in the custody of the U.S. Marshal’s Service. He will have an initial hearing in Indianapolis on Monday, July 2, 2018.
The public is encouraged to call law enforcement officials if they have any reason to believe Kelley may have had inappropriate contact with their children or other youth in the community. The toll-free number is 800-CALLFBI (225-5324) or www.fbi.gov/tips
This case was investigated by the FBI, Indianapolis Metropolitan Police Department and the Montgomery County Sheriff’s Office.
According to Assistant United States Attorney Tiffany J. Preston, Kelley could face decades in prison if convicted.
A criminal complaint 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 prosecuting those who exploit children through the use of social media and to work closely with Project Safe Childhood. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 4.1 and 4.2
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Former health care chief executive sentenced to 9.5 years in federal prisonRead the Press Release
James Burkhart’s conspiracy reaped nearly $19.4 million in fraud and kickbacks, funding
private jets, vacation homes, diamond jewelry, and gold bars
PRESS RELEASE
INDIANAPOLIS B United States Attorney Josh J. Minkler today announced the sentencing of the former CEO of American Senior Communities (ASC) in a massive fraud, kickback, and money laundering conspiracy. James Burkhart, 53, of Carmel, was sentenced to 114 months imprisonment by U.S. District Court Judge Tanya Walton Pratt.
“In spite of receiving a salary of over $1 million, Burkhart abused his official position of trust to steal tax payer dollars intended to benefit this community’s sick, elderly and mentally challenged,” said Minkler. “Because this thief was motivated by nothing other than corruption and greed, we sought a justifiably harsh sentence. Hopefully, the sound of the prison door slamming shut on this 9.5 year sentence will deter other officials from the culture of corruption and greed we see in this district.”
Today’s sentencing caps a three-year federal investigation and prosecution of Burkhart, who was charged with ASC Chief Operating Officer Daniel Benson, Burkhart friend and associate Steven Ganote, and Burkhart’s younger brother, Joshua Burkhart. In September 2015, federal agents executed search warrants at Burkhart’s residence and ASC office, among other locations. By October 2016, a federal grand jury indicted Burkhart and his co-defendants. And by January 2018, all of the defendants had pleaded guilty to federal felony charges.
For his part, Burkhart pleaded guilty to three federal felony offenses: conspiracy to commit fraud, conspiracy to violate the health care anti-kickback statute, and money laundering. All told, he and his co-conspirators funneled nearly $19.4 million in fraud and kickbacks to themselves through a web of shell companies. The majority of the money they stole came from the Health & Hospital Corporation of Marion County, part of Indiana’s public health system and the operator of health care facilities like Eskenazi Hospital.
Burkhart’s fraud and kickback schemes, which spanned nearly six years, exploited numerous aspects of ASC’s operations. ASC is Indiana’s largest nursing home chain. It manages approximately 70 senior care facilities throughout the state, and to run those nursing homes, ASC purchases a wide variety of goods and services provided by outside vendors. The bulk of the money to pay those vendors’ bills comes from Health & Hospital.
Burkhart used his position as ASC’s CEO to cut secret side deals with over a dozen of ASC’s vendors. He dangled the golden carrot of the purchasing power of the State’s largest nursing home chain. All they had to do was pay something back.
In some cases, Burkhart had vendors inflate their bills to ASC, which Burkhart would pay with Health & Hospital’s money, and the vendor would kick the overage back to Burkhart and his co-conspirators. In other cases, he formed shell companies that would inflate vendors’ bills and submit them to ASC as if the shell companies were the real vendor. In still other cases, he caused vendors or shell companies to submit completely false bills for fictitious services that were never provided. And finally, in some cases, he simply demanded vendors to pay him kickbacks in exchange for him allowing them to service ASC’s large number of facilities.
This last category included home health and hospice care, where Burkhart received a kickback for each patient ASC referred to Burkhart’s chosen home health or hospice company.
Landscaping, electrical generators, employee uniforms, patient gifts, American flags, furniture, heating and air conditioning, wound care creams, medical supplies, air fresheners, speech therapy, pharmacy services, food services, home health care, and hospice care – Burkhart concocted secret side deals involving all of those aspects of ASC’s operations.
His motive was pure greed. He was caught on tape telling an informant, in reference to one of his schemes that netted him over $600,000 per year, “I ain’t givin’ that up. . . . It doesn’t sound like much money, but it’s money.” Over the six years, Burkhart use the money he stole to buy lakefront real estate on Lake Wawasee, golf vacations, trips to Las Vegas, political contributions, diamond jewelry, gold coins and gold bars. In addition, Burkhart spent over $1.5 million of other peoples’ money on over 150 flights on private jets.
As Burkhart told the informant, “I’ll get mine, I always told ya, I’ll get mine one way or another.” That was true until 2015, when a vendor Burkhart tried to ensnare went to the FBI. Burkhart and his co-conspirators had asked the vendor to inflate his bills by 30% and pay the overage to a shell company. The vendor thought that did not sound right or ethical, so he reported it to law enforcement. What followed was an extensive investigation involving multiple undercover informants, search warrants, and a detailed analysis of numerous shell companies and nearly 100 bank accounts – all of which culminated in the indictments, guilty pleas, and ultimately, today’s sentencing of Burkhart to 114 months in federal prison.
This case was jointly investigated by the Federal Bureau of Investigation (FBI), the Internal Revenue Service-Criminal Investigation Division (IRS-CID), and the Department of Health and Human Services, Office of Inspector General (HHS-OIG).
"This defendant was paid a large salary and viewed as an industry leader, but he chose to abuse his power and position out of pure greed,” said Grant Mendenhall, Special Agent in Charge of the FBI’s Indianapolis Division. “The FBI works diligently with partner agencies to uncover and investigate corporate executives who enrich themselves through kickbacks and theft. We applaud the concerned citizen who brought this fraud to our attention, and we encourage anyone else who wants to bring these types of fraudulent behavior to light to contact us.”
David Talcott, Acting Special Agent in Charge of IRS Criminal Investigation's Chicago Field Office said, "Burkhart’s theft from the most vulnerable citizens of our communities is sickening. Taxpayers deserve honesty and integrity from business leaders. IRS-CI's thoroughness of the financial investigation represents our commitment to protect the taxpayers of this community."
“Health Care Fraud is fueled by greed and is perpetrated by criminals with the intent of concealing their acts and securing financial riches at the expense of taxpayers”, said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General. “Mr. Burkhart spun a web of deceit through side deals, inflated invoices and shell companies in order to pilfer funds from Medicare and Medicaid which ultimately led him to the doorstep of law enforcement and prosecutorial authorities. The OIG will continue to work with our federal, state and local law enforcement partners to uncover these schemes and hold those who execute them accountable.”
“I am eager to collaborate with other public offices and agencies to stop fraudsters from stealing money from Medicaid,” said Attorney General Curtis Hill. “This is a program intended to help people who truly need it. We will stay vigilant in holding accountable all those who seek to bilk taxpayers by misappropriating funds.”
According to Assistant U.S. Attorneys Nick Linder and Cindy Cho, who prosecuted the case, the gold bars, gold coins, and other assets seized from Burkhart will be criminally forfeited. In addition, Burkhart must pay full restitution and serve three years of supervised release following his sentence.
Burkhart’s co-defendants will be sentenced on the following dates and times:
- Daniel Benson on July 6 at 9:00 a.m.
- Steven Ganote on July 9 at 9:00 a.m.
- Joshua Burkhart on July 9 at 2:00 p.m.
- David Mazanowski on July 10 at 2:00 p.m.
- 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
Mississippi man faces interstate stalking charges for five-year- long crime against Evansville area high schoolersRead the Press Release
Used various social media accounts to communicate vulgar and sexually explicit messages to young women
PRESS RELEASE
Evansville – United States Attorney Josh Minkler announced today federal charges against a Mississippi man for his role in a four-year-long interstate stalking case involving young women from the Evansville area. Orlando L. Webber, 43, Columbus, Mississippi, has been charged with five counts of interstate stalking.
“Stalking is no longer a face-to-face crime,” said Minkler. “Social media has made us all vulnerable to criminals who can stalk from anywhere in the world. Those who believe they can remain anonymous should plan on federal law enforcement knocking on their door.”
For over four years, Webber is alleged to have used the moniker “Lando” to stalk as many as 30 high school- aged young women using various social media outlets. Most victims recall receiving vulgar and sexually explicit communications from Webber when they were 15-16 years old. Each time a victim would receive the stalking messages, she would block him from their accounts, only to have Webber use a different account name to resume the stalking.
In April 2016, Victim 1 contacted the National Center for Missing and Exploited Children Cyber Tip Line to report that she and several other Evansville area high school girls were being harassed through their Twitter accounts. The messages included nude photographs of an adult male asking for sexual favors.
Federal law enforcement officials subpoenaed subscriber records and were able to locate Webber who lived with his mother in Columbus, Mississippi. FBI agents used facial recognition technology through the Mississippi Fusion Center to identify Webber.
This case was investigated by the Federal Bureau of Investigation and the Evansville Police Department.
Assistant United States Attorney Todd Shellenbarger, who is prosecuting this case for the government, said Webber faces up to five years’ imprisonment on each count if convicted.
An indictment is only a charge and not evidence of guilt. All defendants are presumed innocent until proven otherwise in federal court.
Webber will have his initial appearance at 3 p.m. today in the Evansville Federal Building.
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 children through the use of social media and to work closely with Project Safe Childhood. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 4.1 and 4.2
Multiple convictions in federal sex trafficking casesRead the Press Release
PRESS RELEASE
Indianapolis B Josh J. Minkler, the United States Attorney for the Southern District of Indiana, announced today the convictions of multiple offenders in two separate sex trafficking cases.
“Sex trafficking, particularly of children, has no place in this country,” said Minkler. “Our children should be able to grow up without being offered for sale by adults who seek to profit from their vulnerability.”
In the first case, United States v. James Young, four offenders were sentenced for their varying roles in trafficking four minors and other adults over a two-year period beginning in 2013. Young’s trafficking did not end until he was arrested in 2015. While he was on home detention and probation for promoting prostitution, Young trafficked teenagers and prostituted adults out of a motel on the Eastside of Indianapolis using online sex trafficking forums. IMPD and the FBI first focused on Young when a child was arrested for prostitution and she disclosed the ways in which Young had trafficked her. From there, investigators put together their case using social media, online sex trafficking advertisements, historical police reports, and motel records.
Young pleaded guilty to the sex trafficking of three minor girls, operating a business enterprise that prostituted adults and children, and illegal possession of a firearm. Chief Judge Jane Magnus-Stinson sentenced Young to 26 years in prison and a lifetime of supervised release. Young was also ordered to pay a total of $450,000 in restitution to five victims. Defendant Raheem Simmons pleaded guilty to interstate travel and transportation in aid of racketeering activity, specifically the sex trafficking of a minor child. He was also sentenced by Magnus-Stinson to a term of two years imprisonment, three years of supervised release and ordered to pay $2000 in restitution to an identified victim. Another defendant, in a sealed case, pleaded guilty to her role in conspiring to prostitute adults and minors.
In the second case, United States v. Nahtahna Garcia Herrera, four offenders were sentenced for their roles in trafficking two identified minor children and prostituting other adults. Using two houses on the Westside of Indianapolis, Garcia-Herrera and her co-defendants trafficked children and prostituted adults in the fall of 2016. The FBI and IMPD, working together, discovered that properties known as “the building” and “the sugar shack” were places were illegal drugs were bought and sold, and that the purchase and sale of these drugs was facilitated by prostitution. More concerning, investigators found that teenage girls were being offered up online for commercial sex acts. Their investigation led to the arrest of Garcia-Herrera and her co-defendants on varying charges stemming from the criminal enterprise.
Defendant Garcia-Herrera was sentenced to 20 years in prison for trafficking two minor girls by Judge Tanya Walton-Pratt. Defendant Vaughn Isom pleaded guilty to interstate transportation and travel in aid of racketeering for his role in promoting prostitution and the sale of illegal narcotics. Judge Walton-Pratt sentenced him to a prison term of four years and three years of supervised release. Defendant Rhonda Badger has also pleaded guilty to the same charge as Isom and is awaiting sentencing. Finally, defendant Tyrece Jones pleaded guilty to the sex trafficking of a minor child and will be sentenced on July 27, 2018, by Judge Sarah Evans Barker.
"The exploitation of vulnerable youth is, unfortunately, a very real and growing issue in our country and one the FBI simply will not tolerate,” said Grant Mendenhall, Special Agent in Charge of the FBI’s Indianapolis Division. “We will continue to work with our partners to identify and investigate those who engage in this predatory behavior in order to ensure the safety of our children.”
IMPD Chief Bryan Roach stated, "The physiological and physical damage borne by the victims of this horrific crime is truly unimaginable and heartbreaking and deserves the full attention of law enforcement." Because of the tremendous investigative efforts and collaborative spirit of both IMPD detectives and our federal partners, together we hope to help victims restore their dignity and a greater sense of hope and prosperity."
Minkler further stated, “Teenagers are some of our most vulnerable population. Caught between the innocence of childhood and on the brink of being an adult, we must assure that teens do not fall prey to adults with malicious intentions. The children in our community are not for sale, and forcing or coercing adults to engage in acts of prostitution is repugnant. These convictions should serve as a warning not only to sex traffickers, but also to adults trying to pay for sex acts. It is a federal crime and we will not stop seeking justice for these victims.”
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 and harm children and other vulnerable victims. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 4.1
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Kentucky man sentenced for assaulting a member of congressRead the Press Release
Victim attacked while mowing his yard.
PRESS RELEASE
Indianapolis B Josh J. Minkler, the United States Attorney for the Southern District of Indiana, announced today that a Bowling Green, Kentucky, man was sentenced for assaulting a member of congress resulting in personal injury, a felony under federal law. Rene A. Boucher 60, was sentenced to 30 days imprisonment by U.S. District Judge Marianne Batanni from the Eastern District of Michigan, sitting by special designation.
“Assaulting a member of Congress is an offense we take very seriously,” said Minkler. “Those who choose to violate the law will be aggressively prosecuted in federal court.”
According to court documents, Boucher and the victim are neighbors in Bowling Green, Kentucky. On November 3, 2017, the victim was mowing his yard while wearing headphones. Boucher allegedly witnessed the victim stack brush onto a pile near the victim’s property and “had enough.” Boucher ran onto the victim’s property and tackled the victim. As a result of this assault, the victim suffered multiple fractured ribs and subsequently contracted and required medical attention for pneumonia. Boucher admitted the assault but denied it was politically motivated.
The United States Attorney’s Office for the Southern District of Indiana was assigned the case following the recusal of the United States Attorney’s Office for the Western District of Kentucky where the offense was committed
This case was investigated by the Louisville office of the Federal Bureau of Investigation and the Kentucky State Police.
“The FBI takes seriously assaults against our elected officials, regardless of motive,” said Special Agent in Charge Amy S. Hess of the FBI's Louisville field office. “Today's sentence should send a clear message that there are consequences to such actions.”
According to Assistant United States Attorney Bradley P. Shepard of the United States Attorney’s Office for the Southern District of Indiana who prosecuted this case as a Special Attorney to the United States Attorney General, Boucher must serve one year of supervised release following his sentence and pay a $10,000 fine.
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Two men face federal charges for their role in stealing government propertyRead the Press Release
Seven “Humvees” marked for destruction, alleged to have been stolen and resold
PRESS RELEASE
Indianapolis – United States Attorney Josh Minkler announced today that two men are facing federal charges for their role in stealing Humvee vehicles that were meant to be destroyed and sold for scrap. Richard S. Treloar, 63, St. Louis, Missouri, faces seven counts of conversion of government property and seven counts of false statements; co-defendant Mark W. Collier 52, Bedford, Indiana, faces seven counts of false statements.
“Theft, waste, fraud and abuse of government funds and equipment is never acceptable,” said Minkler. “When it involves stealing from our military, it is a particularly egregious offense and those responsible will be held accountable.”
Treloar owned a St. Louis based company called Treloar Enterprises International, Inc., (TEI) which contracted with the Department of Defense, Defense Logistics Agency (DLA) to demilitarize military vehicles, mostly High Mobility Multipurpose Wheeled Vehicles commonly known as Humvees. The Humvee is a four-wheel drive military light truck capable of being outfitted with armor, ballistic glass and high-powered weapons and is currently being used in the Iraq and Afghanistan theaters.
As part of Treloar’s contract with DAL, his company was responsible for demilitarizing the Humvees which would include eliminating the functional capabilities and inherent design features of vehicles. In many cases, that included the total destruction of the Humvee. When the Humvees were demilitarized, both Treloar and Collier verified in writing that the process had been completed.
From January 2014, through November 2015, TEI took delivery of all Humvees from Naval Support Activity Crane (Crane) which is located in Southern Indiana. To facilitate the contract, TEI opened a facility in nearby Spencer, Indiana, where the purported demilitarization took place. The indictment alleges Treloar converted at least seven fully armored Humvees for his own use and sold or attempted to sell them for his own benefit. The value of the Humvees was over $589,000. Both defendants also certified that each and every Humvee was demilitarized, when in fact they were not.
This case was investigated by the Department of Defense, Office of Inspector General-Defense Criminal Investigative Service, Naval Criminal Investigative Services, and Defense Logistics Agency-Office of the Inspector General.
"Today's indictments demonstrate the commitment of the Defense Criminal Investigative Service and its law enforcement partners to protect the integrity of all Department of Defense programs," said Special Agent in Charge John F. Khin, Southeast Field Office. “DCIS' efforts in this investigation mitigated further significant loss and waste of taxpayer dollars from this fraudulent scheme."
"Not only is fraud of this type a serious financial crime, the equipment involved is concerning,” said Mike Wiest, Special Agent in Charge of the NCIS Southeast Field Office. “There are no legitimate civilian uses for an armored military vehicle. NCIS will continue to work with our law enforcement partners to hold accountable those who siphon resources away from America's warfighters."
Assistant United States Attorney Bradley P. Shepard who is prosecuting this case for the government, said Treloar faces up to 10 years’ imprisonment on each count of conversion of government property and Collier faces up to five years’ imprisonment on each count of false statements.
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 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
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Three defendants face federal charges for illegally purchasing/possessing firearms used to kill area police officersRead the Press Release
Boone County Sheriff’s Deputy Jacob Pickett and Terre Haute Police Officer Robert Pitts killed with firearms that were illegally purchased
PRESS RELEASE
Indianapolis – United States Attorney Josh Minkler announced today that three individuals have been charged for their role in illegally purchasing/possessing firearms that were eventually used to kill two area police officers. The charges are a result of a violence reduction program initiated by the Department of Justice called Project Safe Neighborhoods (PSN).
Dawn Rochon, 29, Indianapolis, has been charged with eight counts relating to making false statements when acquiring a firearm. Tiffany N. Dean 33, West Terre Haute, faces charges of making a false statement when purchasing a firearm and her brother, Levi M. Brenton 20, Terre Haute, faces charges including conspiracy to make false statements when purchasing a firearm, possession of a firearm by an unlawful drug user and selling/giving a firearm to an unlawful drug user.
“When guns are purchased or possessed illegally, it is never for a good reason and the results are often tragic,” said Minkler. “We all continue to mourn the loss of Deputy Pickett and Officer Pitts and law enforcement must hold all those who contributed to their senseless death accountable. Those who ‘lie and buy’ guns will be prosecuted in federal court.”
According to court documents and testimony, Rochon allegedly made an illegal purchase of a 9mm handgun in February 2017, from a gun store in Indianapolis, making false statements on the purchase documents. The same gun is alleged to have been used to kill Boone County Deputy Jacob Pickett in March 2018. The indictment further alleged Rochon made three similar illegal purchases of firearms.
Similarly in February 2017, Tiffany N. Dean is alleged to have purchased a 9mm handgun from a gun store in Terre Haute. Dean completed required paperwork for the purchase, indicating the gun was for her, when in fact the gun was being purchased for her brother Levi M. Brenton because he was “too young to buy it.” According to the criminal complaint, Dean and Brenton went to the gun store together to purchase the firearm and Brenton left the store with the gun in his possession. It is further alleged that Brenton then sold the gun for $350. That same gun was allegedly used in the killing of Terre Haute Police Officer Robert Pitts in May 2018.
“ATF remains committed to removing violent criminals from our communities, including those who provide firearms to individuals who are prohibited from having them,” stated Trevor A. Velinor, Special Agent in Charge of ATF’s Columbus Field Division. “The lasting damage that gun violence does to our communities cannot be overstated. ATF will work tirelessly to address and combat gun violence perpetrated against our community and the men and women in law enforcement.”
In January 2018, Minkler introduced a violence reduction strategy called Project Safe Neighborhoods, specifically aimed at reducing the number of homicides and non-fatal shooting in both Indianapolis and Evansville. An Assistant United States Attorney is assigned to each IMPD District as well as working closely with the Evansville Police Department to prosecute individuals who illegally carry firearms. To date 117 PSN cases have been charged. Some of the most egregious include:
Franklin Fitzpatrick, 42, Louisville, charged in Evansville, two-time convicted felon actively engaged in methamphetamine distribution while in possession of three handguns.
Korrtel Filzen, 28, Indianapolis, convicted felon charged with brandishing a firearm during a crime of violence and eight business robberies in Indianapolis.
Brennan Rogers, 48, Indianapolis, felon in possession of a 9mm handgun, 9mm tec-9 pistol and illicit drugs.
Anthony White, 20, and Brian York, 30, both from Indianapolis, charged with brandishing a firearm during a crime of violence and robbing six Dollar General stores and a BP Gas Station
Lemontrae Bible, 24, Indianapolis, convicted felon on two separate drug-related charges in possession of loaded .22 caliber pistol.
These cases have been investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI, Drug Enforcement Administration, Homeland Security Investigations, Indianapolis Metropolitan Police Department, Lawrence Police Department, Speedway Police Department and the Evansville Police Department.
Assistant United States Attorney who are prosecuting PSN cases include: Will McCoskey, Matthew Lasher, Kendra Klump, Pamela Domash, Peter Blackett, Jeff Preston, Todd Shellenbarger, Lauren Wheatley and Barry Glickman.
Attorney General Sessions has directed U.S. Attorneys from around the country to take the lead in results-oriented reinvigoration of Project Safe Neighborhoods. PSN is a collaborative approach to public safety to reduce violent crime and make our neighborhoods safe for everyone. Indianapolis has a violent crime rate 2.5 times the national average and a homicide rate 4.5 times the national average. Minkler strongly believes aggressive prosecutions of the most violent criminals will be a catalyst to reduce the number of gun-related victims.
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)
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Financial advisor sentenced to seven years in federal prison for defrauding former Colts playerRead the Press Release
California man stole $4.7 million through elaborate eight-year fraud scheme
PRESS RELEASE
Indianapolis – United States Attorney Josh Minkler announced today that Kenneth Ray Cleveland, 64, of Agoura Hills, California, was sentenced to 84 months (seven years) in federal court by U.S. District Court Judge Tanya Walton Pratt. Cleveland’s sentence followed his guilty plea to previously filed federal fraud and money laundering charges in connection with a long-running investment fraud aimed at Cory Redding, a former NFL player, and others.
“People should have confidence that those they entrust with their hard-earned money will treat them fairly and honestly,” said Minkler. “This defendant exploited that trust through lies and deception for purely personal gain. Today’s sentence underscores that such egregious conduct cannot, and will not, be tolerated.”
Cleveland worked as Redding’s financial advisor for a decade, starting not long after Redding entered the NFL after college. Redding did not want to become the all-too-common story of a sports star who squandered his earnings, so he sought out professional financial advice to help he and his family save for his inevitable retirement from football. Cleveland, who was referred to Redding through a college professor, held himself out as an investing guru and sold Redding on a simple investment strategy that appealed to Redding’s life goals: put your money in conservative investments, live off the interest, and the principal will be there for you when you retire. Cleveland called it “fixed income” investing.
Over the next decade, Redding invested millions with Cleveland. Throughout this time, Cleveland kept Redding apprised of the status – and purported “success” – of his investments. Through financial statements, emails, text messages, and in-person meetings, Cleveland described down to the penny how much money Redding had and how much he was making through his smart investment decisions. He made money available to Redding when he needed it. He periodically paid Redding “interest.” He even played on Redding’s fears and stoked his confidence by comparing him to less financially successful NFL players. By the end of the 2014 season, when Redding was ready to retire from the NFL, Cleveland claimed to have made him millions.
But that was a lie. Redding’s money was gone. It had been gone for some time. There were no “investments.” Years before, beginning in 2007, Cleveland started spending Redding’s money for his own purposes: credit cards, mortgages, office rent, employee payroll, legal expenses, utilities, health care, cash withdrawals, daily personal and business purchases, and even payments to his mother, sister, and daughter. He also used Redding’s money to pay “interest” to other “investors” (victims) whom he had also promised financial success. In other words, he used Redding’s money in a Ponzi scheme. In fact, Cleveland had used Redding’s money to make “interest” payments to Redding himself. At the end, there was nothing left.
Redding, however, did not know any of that. The dozens of financial statements, emails, and text messages that Cleveland sent to Redding, and the information Cleveland conveyed during numerous in-person meetings, were all part of an elaborate scheme to conceal the fact that Cleveland was stealing Redding’s money. Even as Cleveland was being prosecuted in California for another fraud scheme, he still tried to convince Redding that his money was safe. At this point, though, Redding knew better.
But the damage had been done. Cleveland had stolen over $4.7 million from Redding. As a result, Redding did not retire after the 2014 season with the Indianapolis Colts. He played one additional season for the Arizona Cardinals to try to earn back a portion of what was taken.
This case was investigated by the Federal Bureau of Investigation.
“This sentence reaffirms the FBI’s commitment to aggressively pursue and investigate those who utilize positions of trust and influence to commit financial fraud,” said Grant Mendenhall, Special Agent in Charge of the FBI’s Indianapolis Division.
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)
Assistant United States Attorney Nick Linder, who prosecuted the case for the government, said that Cleveland was also ordered to pay full restitution of $4,706,066.86.
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Attorney General Sessions announces 311 new Assistant United States Attorney positionsRead the Press Release
Largest increase in AUSA’s in decades, allocates four prosecutors to the Southern District of Indiana to focus on violent crime and civil drug enforcement.
PRESS RELEASE
INDIANAPOLIS– Attorney General Jeff Sessions and Josh J. Minkler, U.S. Attorney for the Southern District of Indiana (SDIN), announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.
In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys (AUSA’s) to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSA’s will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.
"Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements," said Attorney General Jeff Sessions. "We have a saying in my office that a new federal prosecutor is 'the coin of the realm.' When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades."
Today, the Department announced its allocation of three AUSAs to focus on violent crime and one AUSA to tackle civil opioid enforcement needs in SDIN.
“Two of our top priorities are reducing gun violence and meeting the challenge of the opioid epidemic in this district,” said Minkler. “This needed addition of AUSAs allows our office to address the district’s biggest threats head on and Hoosiers will soon be able to see real positive results. The number of shootings must decrease and Indiana will be the most inhospitable place in the country to push pills. Our neighbors and community deserve nothing less.”
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 allocation of additional AUSAs will support the office’s firm commitment to collaborate with federal and local law enforcement agencies to prosecute more violent offenders in the district’s most violent geographic areas. In addition, this allocation will support the office’s promise to pursue civil and criminal remedies against those doctors, pharmacies, and medical providers who are furthering the opioid epidemic by illegally diverting pills for their own profit. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Sections 2.1, 2.2, 2.3 2.11, 3.6.
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Amazon fraudsters sentenced to years in federal prisonRead the Press Release
Husband and wife thieves to serve nearly six years; fence to serve two
PRESS RELEASE
Indianapolis – United States Attorney Josh Minkler announced today that the three individuals who were previously charged with defrauding online retailer Amazon of $1.2 million in consumer electronics were sentenced to prison by U.S. District Court Judge Tanya Walton Pratt.
Erin Finan, 38, and Leah Finan, 38, husband and wife from the Muncie-Anderson area, pleaded guilty to federal mail fraud and money laundering charges, and were sentenced to 71 months and 68 months in prison, respectively. Danijel Glumac, 29, of Indianapolis, pleaded guilty to money laundering and to fencing the items the Finans stole – that is, buying and selling stolen property across state lines – and was sentenced to 24 months in prison.
“Consumer fraud not only unjustly enriches the perpetrator, it causes all of us to pay higher retail prices,” said Minkler. “To those who seek to exploit the convenience of online shopping through fraud, remember this case. You will be caught. You will be prosecuted. And you will go to federal prison for a long time.”
Between 2014 and 2016, the Finans and Glumac stole and sold over 2,700 consumer electronics items such as GoPro digital cameras, Microsoft Xboxes, Samsung smartwatches, Microsoft Surface tablets, Apple Macbooks, and other consumer electronics. Their fraud exploited Amazon’s customer service policy by repeatedly falsely claiming that the electronics they ordered were damaged or not working, and then requesting and receiving replacements from Amazon at no charge. In total, the Finans stole, and Glumac sold, over $1.2 million in consumer electronics.
For the Finans, fraud had become a way of life. Their Amazon scheme was their “job.” It involved placing thousands of Amazon orders, creating hundreds of false identities, retrieving their stolen goods from retail shipping stores all over Indiana, and selling them to their fence, Glumac, on a near-daily basis. In just over two years, they made roughly $750,000 from their scheme.
Their nearly six-year sentences reflected their willingness to commit other frauds too. They bounced checks. They rented cars but never paid for them. They rented houses but never paid the rent. And they even committed another online fraud involving stealing high-end rental softball equipment and selling it on Facebook groups of parents of children who were serious about softball.
Glumac, for his part, pleaded guilty to buying the over 2,000 electronics items from the Finans and selling them to a buyer in New York. Glumac bought the items from the Finans in person, often in parking lots around Indianapolis, before marking up their prices and shipping them off to the New York buyer, who would then sell them to the public – often on Amazon. In total, after laundering the proceeds through bank accounts associated with a clothing business, Glumac made nearly $500,000 from the scheme.
This case was investigated by the Internal Revenue Service, the United States Postal Inspection Service, and the Indiana State Police.
“IRS Criminal Investigation recognizes the damage caused to our economy when individuals like Erin and Leah Finan and Danijel Glumac defraud American corporations like Amazon,” said IRS-CI Special Agent-in-Charge Gabriel Grchan. “The lengthy prison sentences handed down to each of these individuals show that there are devastating consequences to those who think they can make a living off of crime and defrauding others. IRS Criminal Investigation is committed to using its resources to unravel complex financial transactions in order to protect corporations and consumers alike in Indiana.”
“Shopping online has changed the way we think of retail. Many of those purchases are shipped to consumers using the U.S. Mail,” said Inspector in Charge Patricia Armstrong, of the Detroit Division, U.S. Postal Inspection Service. “Glumac and the Finans found a way to commit fraud in the process. Postal Inspectors are proud to have partnered with fellow law enforcement to put an end to the illegal endeavors of these three criminals.”
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 complex and large-scale fraud schemes. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 5.1)
Assistant United States Attorney Nick Linder, who prosecuted the case for the government, said that the three defendants were also ordered to pay full restitution of $1,218,504.
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United States Attorney’s Office partners with fifth and sixth grade boys from Daniel Webster Elementary School 46 for leadership league graduationRead the Press Release
Conflict resolution training pairs federal prosecutors, IMPD Southwest District officers and 19 boys from Westside school
PRESS RELEASE
Indianapolis – United States Attorney Josh Minkler and Daniel Webster Elementary School Principal Karen Linn announced today the graduation ceremony from the Leadership League for 19, fifth and sixth grade boys from Daniel Webster School 46. The boys collaborated with U.S. Attorney Minkler and seven of his assistant United States Attorneys/staff and two IMPD officers to build positive relationships, learn conflict resolution skills, and have some fun in the process.
“Mentoring these future leaders will benefit this school and the City of Indianapolis,” said Minkler. “Helping these young men develop conflict resolution skills that they can take back to their neighborhoods this summer makes our neighborhoods safer today and in the future.”
"Our partnership with the US Attorney's Office and IMPD has been incredible,” said Karen Linn, Daniel Webster Elementary Principal. “Our boys have benefited by learning many new ways to handle conflict, advocate for themselves in a positive way, and how to carry themselves with pride and a new sense of worth. We are so fortunate to have had such a wonderful group of caring adults who were willing to give of their time, expertise - and yes, patience! It was a great experience for our students and we are so grateful to our mentors for having given us this gift. Thank you!"
The U.S. Attorney’s Office working with Jayette Horan and her team at the Peace Learning Center mentored the boys (Brian, Tristen, Kaiden, Luis, Omar, Melvion, Ta’Marus, La-zavion, Nathanel, Jackson, Robert, Daniel, Brandon, Matthew, Antonio, Braxton, Ryan, Jeremiah, Donnavon and Ethan) during an after-school program designed to help create peace through meaningful learning opportunities and play. For six weeks, the adult male mentors worked with the youth through the STEP process: Staying cool, Telling your point of view, Exploring other perspectives and Problem solving. Guided by PLC Facilitator Francesa “Frankie” Keesee, the Leadership League examined these steps through small group connection and conversation and hands-on activities. The Leadership League memorialized their time together by creating a Peace Pole that celebrates the four steps of conflict resolution.
This marks the fourth time since 2015 that the United States Attorney’s Office has worked in partnership with students from Daniel Webster School 46. Past projects include the Pledge Against Gun Violence, the You Are Beautiful Project, and the Courage Project. Permanent displays of this four-year partnership are located at Daniel Webster and at IMPD Southwest District Headquarters.
2018 mentors for this project include: IMPD Southwest District Officers Jason Morment and William Young, U.S. Attorney Minkler, Assistant United States Attorneys Kelly Rota, Barry Glickman, Peter Blackett, Nick Linder, Jeff Preston, Bob Wood and public information officer Tim Horty.
This project demonstrates the office’s continued commitment to confront the District’s gun violence epidemic by tailoring community outreach programs in schools to prevent violent crime. (See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.7)
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Ringleaders sentenced in massive Interstate cargo theft caseRead the Press Release
Twelve defendants convicted of stealing more than $30 million in cargo
for Louisville-based crime syndicate between 2012 and 2015
PRESS RELEASE
New Albany – Josh J. Minkler, the United States Attorney, announced today that four individuals convicted of participating in a wide-ranging conspiracy to steal truckloads of high-value merchandise traveling in interstate commerce were sentenced in federal court in New Albany last Friday by U.S. District Judge Tanya Walton Pratt. Among those sentenced were the ringleaders of the theft organization, Roberto Santos-Gonzalez, 37, (“Santos”) and Carlos Enrique Freire-Pifferrer, 39, (“Freire”), as well as Juan Perez-Gonzalez, 44, (“Perez”) and Eduardo Hernandez, 55, (“Hernandez”), two commercial truck drivers who worked with the group.
Santos, Freire, Perez, and Hernandez were named, along with nine others, in a 23 Count indictment alleging that between August 2012 and May 2015, the members of the conspiracy traveled from various locations throughout the United States to Virginia, Illinois, Indiana, Kentucky, North Carolina, South Carolina, Ohio, Oklahoma, Tennessee, and other U.S. States in order to steal property being transported in interstate commerce by semi-tractor trailers. Members of the group would then transport the stolen trailers full of merchandize to locations in Kentucky, New Jersey, Florida, and elsewhere, and sell the stolen merchandise for financial gain.
At the sentencing hearings on Friday, the court talked about the sophistication of this theft ring. Specifically, the court heard that the co-conspirators would travel long distances to reconnoiter distribution facilities used by various national companies to distribute high-end electronics, clothing, pharmaceuticals and cigarettes, among other products. The group would conduct surveillance of the facility, locate and follow semi-tractor trailers leaving the distribution facilities, and then steal the entire semi-tractor and trailer when the driver of the cargo load would stop at a truck stop to rest or refuel. Typically the group would abandon the tractor portion of the stolen vehicle within 20 miles of the truck stop, but would hook the stolen trailer up to a tractor operated by another member of the conspiracy and haul the load to Louisville, Kentucky, where arrangements would be made to sell the stolen merchandize. In four instances, the cargo loads targeted by these defendants either originated at a distribution center or were stolen from a truck stop in central Indiana. Additionally, in many instances, the defendants transported the stolen cargo through the Southern District of Indiana to Louisville using Interstate Highways 64, 65, and 69.
The loads targeted by the crime syndicate included truckloads of T-Mobile cellular telephones, Samsung appliances, Ralph Lauren clothing, Dell Computers, HP computers, Pfizer pharmaceuticals, Mead Johnson baby formula, Lorillard cigarettes, and one truckload of LG cellular telephones valued at $11.9 million.
The court also heard that many of the members of the group had prior federal convictions for remarkably similar conduct, including Santos, Perez, and Eduardo Hernandez. Due to their prior criminal history and extensive involvement in the new criminal conspiracy, the court on Friday sentenced Santos to 150 months imprisonment and Perez to 108 months imprisonment. Freire and Hernandez were sentenced to 87 months and 12 months, respectively. Prior to Friday’s hearing, the court sentenced seven other defendants for their role in the conspiracy, including: Orlis Machado-Cantillo (96 months), Mario Hernandez-Oquendo (79 months), Daniel Gonzalez-Insua (72 months), Yoel Palenzuela-Mendez (60 months), Miguel Mompie (57 months), Carlos Mendez-Rosa (40 months), and Ritzy Robert-Montaner (probation).
According to Assistant United States Attorneys Matthew J. Rinka and James M. Warden, all defendants will be supervised by the U.S. Probation Office for a period of three (3) years following their release from custody.
The convictions in this case were the product of a collaborative, years-long investigation by the Federal Bureau of Investigation and the Kentucky State Police Vehicle Investigations Branch, with assistance from the Louisville Metropolitan Police Department, Wythe County (Virginia) Sherriff’s Office, Fayette County (Ohio) Sherriff’s Office, and the National Insurance Crime Bureau.
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Six charged in massive fraud & money laundering schemeRead the Press Release
Alleged to have stolen over $8 million from a bank and an insurance company
PRESS RELEASE
Indianapolis – United States Attorney Josh Minkler announced federal charges against six individuals, including a former regional construction project manager for a bank, the owners of two different construction companies, the owner of an Indianapolis maintenance services company, and the owner of a Plainfield, Indiana, supply company. The six defendants are alleged to have operated a large-scale scheme to defraud and embezzle over $8 million from a Pennsylvania based bank and a Pennsylvania based insurance company. These charges are the product of a two-year investigation led by the U.S. Postal Inspection Service, with assistance from the Federal Bureau of Investigation and Internal Revenue Service. Neither the bank nor the insurance company are being named because they are victims in this case.
“This community has a right to hold high expectations of individuals in positions of trust in our financial institutions,” said Minkler. “Those who blatantly commit fraud and abuse their positions will be held accountable in federal court.”
Those charged were: John L. Williams, 49, Zionsville, a former employee of the bank; Ernie Perkins, 36, Zionsville, the owner of Remarkable Creative Enterprises (“RCE”); Robert Finch, 71, Indianapolis, owner of Finch Constructors and Finch Management; Donald Landis, 58, Plainfield, owner of P&L Supply; Walter Watson, 69, Detroit, Michigan, owner of W-3 construction company; and Shalonda Coleman, 42, Indianapolis, a former employee of the insurance company.
According to the indictment, Williams was employed as a construction project manager in the Indianapolis regional office of the bank. His responsibilities included overseeing the bank’s internal real estate projects in Wisconsin, Illinois, Michigan, Kentucky and Indiana, including new bank branch construction and existing bank branch renovation projects. In carrying out the scheme, Williams would contact Perkins, Finch, Watson, and Landis and instruct them to submit fraudulent invoices to the bank for work that was never performed and materials that were never supplied. Williams used his position at the bank and his oversight of the projects in question to approve payment of the fraudulent invoices. Once the bank paid the invoices, Perkins, Finch, Watson, and Landis would kick back a large percentage of the money to CB Consulting, a fictitious business entity controlled by Williams. In many cases, the money passed through multiple bank accounts before reaching the bank account Williams set up for CB Consulting.
Coleman and Perkins are also charged with using the U.S. Mail to defraud a Pennsylvania-based insurance company and steal money. In those instances, Coleman used her position as a claims processor, and her access to the company’s computer systems, to cause the insurance company to mail checks to RCE. Coleman disguised the payments to RCE as payments for work performed for the company’s insurance clients, but no work was ever performed. Instead, Perkins would deposit the checks into RCE accounts and kick back a percentage of the money to Coleman.
All six defendants are charged with conspiring to launder the money stolen from the bank and insurance company, and Williams and Finch are separately charged with engaging in a significant number of financial transactions in excess of $10,000 using the stolen funds. Those transactions included transfers to other bank accounts held by the defendants, construction of a residence in Zionsville, Indiana, more than $100,000 in payments for Williams’ daughter’s wedding, and the purchase of multiple automobiles. Williams and Coleman are also charged with tax evasion and filing false tax returns, respectively, for failing to report their receipt of stolen funds as income on their tax returns.
“The members of this criminal enterprise executed a scheme to steal millions of dollars, for their own personal use, and evade the law,” said Inspector in Charge Patricia Armstrong, of the Detroit Division, U.S. Postal Inspection Service. “The arrest and indictment of these defendants should serve as a warning to others who seek to commit similar crimes. Postal Inspectors, and our federal law enforcement partners, will tirelessly pursue them until they are brought to justice.”
“Those who line their pockets by embezzling and stealing from others or the government should know they will not go undetected and will be held accountable,” said Gabriel Grchan, Special Agent in Charge of IRS Criminal Investigation. “These charges and arrests show that IRS Criminal Investigation is committed to following the money trail to ensure that those who engage in these illegal activities are vigorously investigated and brought to justice. IRS Criminal Investigation stands ready to partner with all law enforcement agencies in Indiana to pursue individuals who steal from others and the government.”
“The FBI is committed to aggressively pursuing fraud committed on individuals, corporations or financial institutions. These charges send a clear message that attempting to hide criminal activity and defraud others comes at a price,” said Grant Mendenhall, Special Agent in Charge of the FBI’s Indianapolis Division. “Through collaborative efforts with our partners we will continue to work diligently to identify and investigate those who perpetuate these crimes and stop this type of corruption.”
According to Assistant United States Attorney Matthew J. Rinka, who is prosecuting this case for the government, each defendant faces a maximum of thirty (30) years imprisonment for their roles in the scheme and up to three (3) years of supervised release following any term of imprisonment.
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 sentencing demonstrates the office’s firm commitment to partner with federal and local law enforcement agencies to prosecute those individuals who perpetrate large-scale fraud schemes and abuse positions of trust. See United States Attorney’s Office, Southern District of Indiana Strategic Plan (Section 5.1)
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Newburgh man sentenced as repeat offender for possessing sexually explicit materials involving minorsRead the Press Release
PRESS RELEASE
Evansville – United States Attorney Josh Minkler today announced the sentencing of a Newburgh man for possessing sexually explicit material involving a minor. Joshua C. Bolin 26, Newburgh, was sentenced to ten years imprisonment by U.S. District Judge Richard L. Young, which is to be followed by a term of fifteen years supervised release.
“Possessing sexually explicit material involving children further perpetuates the victimization of our most vulnerable citizens,” said Minkler. “Those who chose to take advantage of our children, particularly repeat offenders, will be a priority to this office and should expect to face the hammer of federal prosecution.”
In January 2017, law enforcement executed a search warrant on Bolin’s residence in Newburgh. Inside his bedroom, law enforcement found a computer memory card that contained 15 child pornographic video files, 72 child pornographic image files and hundreds of child erotica images. Bolin received an enhanced sentence based on a 2015 felony conviction for possession of child pornography in Warrick County.
According to Assistant United States Attorney Kyle M. Sawa, Bolin must also pay a $5,000 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 sentencing demonstrates the office’s firm commitment to partner with federal and local law enforcement agencies to prosecute those individuals who exploit or harm children or other vulnerable victims. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 4.1)
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Indianapolis Man Charged in Large-Scale Fraud SchemeRead the Press Release
Alleged to have written thousands of bogus checks at area Kroger stores to purchase gift cards
PRESS RELEASE
Indianapolis – United States Attorney Josh Minkler today announced federal charges against an Indianapolis man for his role in organizing a fraud ring that utilized fraudulent checks to purchase gift cards and merchandise from stores throughout the country, to include area Kroger stores. Frank D. Powell 28, Indianapolis, was charged in a ten count Indictment, including seven counts of wire fraud, one count of attempted bank fraud, one count of aggravated identity theft, and one count of false statements to a financial institution.
“Individuals who defraud local business and banks drive up prices for all consumers,” said Minkler. “Those who chose to swindle others in this district will be held accountable.”
According to the indictment, between January 2016 and April 8, 2018, Powell and others presented and used fraudulent checks at Kroger stores in at least 12 states, many of which were in the Indianapolis area, to purchase gift cards and merchandise. The government alleges that Powell and his associates used more than 5,000 fraudulent checks during the course of the fraud scheme in at least thirty different individual and business names, such as “Frank Powell”, “Frank Pawell” and “Pawell Child Care LLC.” After processing, the checks would ultimately be returned to Kroger as “account closed, forged, non-sufficient funds or unable to locate account.”
In a second scheme, on March 12, 2018, Powell attempted to defraud a local bank and car dealership when he tried to obtain financing for the purchase a Cadillac Escalade using the identity of another person (victim), without that victim’s knowledge or authorization. Powell used the name, address and social security number of that victim, along with a fraudulent Illinois driver’s license that contained the victim’s information but Powell’s photograph, during the loan application process. When employees at the car dealership determined that Powell was not the individual described in the loan application, Powell allegedly offered one of the employees a sectional sofa to not report his illegal activity.
This case was investigated by the Federal Bureau of Investigation, Hamilton County Prosecutor’s Office, Fishers Police Department, Carmel Police Department, Johnson County Sheriff’s Department, Indianapolis Metropolitan Police Department and Kroger’s Organized Retail Crime Investigators, Central Division.
"This indictment sends a clear message that the FBI will aggressively investigate those who commit financial fraud," said Grant Mendenhall, Special Agent in Charge of the FBI's Indianapolis Division. "It also highlights the strong relationships we have with our local law enforcement partners in pursuit of those who take advantage of others through their illegal and criminal behavior.
“Kroger admires the diligence of every agency involved in this investigation,” said Eric Halvorson, Manager of Corporate Affairs, The Kroger Co., Central Division. “We know it required a substantial effort from the store level up to the U.S. Attorney’s Office. We are pleased the partnership produced the evidence that led to this indictment.”
According to Assistant United States Attorney MaryAnn T. Mindrum, who is prosecuting this case for the government, Powell could face up to 30 years’ imprisonment on bank-related charges, up to 20 years’ imprisonment on each of the wire fraud charges, and a mandatory minimum of 2 years’ imprisonment on the aggravated identity theft charge, to be served consecutive to any other sentence, 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 sentencing demonstrates the office’s firm commitment to partner with federal and local law enforcement agencies to prosecute complex and large-scale fraud schemes that undermine faith in the markets, as well as to prosecute sophisticated identity fraud organizations. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Sections 4.5 and 5.1)
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Attorney General Sessions and U.s. Attorney Minkler Recognize Law Enforcement Service and Sacrifice During National Police WeekRead the Press Release
Former Southport Police Officer Aaron Allan’s name to be added to the National Law Enforcement Officers Memorial in Washington DC
Indianapolis – Attorney General Sessions and U.S. Attorney for the Southern District of Indiana Josh Minkler recognized the service and sacrifice of federal, state, local, and tribal police officers on the occasion of National Police Week, and commented on the FBI's 2017 Law Enforcement Officers Killed and Assaulted report.
“One officer death is too many,” Attorney General Sessions said. “While we are inexpressibly grateful to have had a decrease in the number of officers killed in the line-of-duty last year, the number is still far too high. At the Department of Justice, we honor the memories of the fallen and we pray for their families. We are also following President Trump's Executive Orders to back the women and men in blue, to enhance law enforcement safety, and to reduce violent crime in America. Those priorities will help keep every American safe, including those who risk their lives for us. As always, we have their backs and they have our thanks.”
“We have lost three police officers in our district in less than one year, all killed by gunfire,” said Minkler. “We will never forget the bravery demonstrated by Southport Police Officer Aaron Allan, Boone County Deputy Jacob Pickett and most recently, Terre Haute Police Officer and United States Marshal Task Force member Rob Pitts. All three are meaningful examples of the risks that we ask our officers to undertake every day. We owe them our gratitude, we owe them unwavering support and we owe their families our prayers when they make the ultimate sacrifice.”
According to statistics collected by the FBI, 93 law enforcement officers were killed in line-of-duty incidents in 2017 – a 21 percent decrease from 2016, when 118 law enforcement officers were killed in line-of-duty incidents. To date, 53 officers have been killed in the line of duty- 27 by gunfire.
In October 1962, Congress passed and President Kennedy signed a joint resolution declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice.
During Police Week, which is observed from Sunday, May 13 to Saturday, May 19, 2018, our nation celebrates the contributions of police officers from around the country, recognizing their hard work, dedication, loyalty and commitment in keeping our communities safe.
Lt. Aaron Allan from the Southport Police Department along with 93 fallen officers nationwide will be formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 30th Annual Candlelight Vigil on the evening of May 13, 2018. So that people across the country can experience this unique and powerful ceremony, the vigil will be livestreamed beginning at 8:00 p.m. EDT on May 13th. To register for this free online event, visit www.LawMemorial.org/webcast.
The Candlelight Vigil is one of many commemorative events taking place in the nation’s capital during National Police Week 2018.
For more information about other National Police Week events, please visit www.policeweek.org.
To access the FBI's 2017 Law Enforcement Officers Killed and Assaulted report, please visit www.fbi.gov.
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Kokomo area drug trafficking organization dismantledRead the Press Release
Alleged to have brought large quantities of methamphetamine, cocaine, heroin, fentanyl and weapons into Central Indiana
PRESS RELEASE
Indianapolis – United States Attorney Josh Minkler announced federal charges against 15 individuals who are alleged to have operated a drug trafficking organization bringing large quantities of narcotics into the Kokomo, Indiana area.
“Individuals who bring dangerous drugs into our communities and spread the violence associated with it, can rest assured, they will be held accountable,” said Minkler. “There is no higher priority in my office than to help keep our neighborhoods safe. I want the Southern District of Indiana to be the most inhospitable place in the country to sell drugs.”
Those charged federally include:
Pierre Riley, 50, Macon, GA
Reggie Balentine, 41, a/k/a Pudge, Kokomo, IN
Diondre Jones, 34, Kokomo, IN
Michael O’Bannon, 33, a/k/a Lunchy, Kokomo, IN
Kristin Kinney, 35, a/k/a Cupcake, Kokomo, IN
Michael Jones, 35, a/k/a MJ, Kokomo, IN
Jason Reed, 49, a/k/a Jamon, a/k/a Jasil, Kokomo, IN
Derrick Owens, 37, Terre Haute, IN
Deshoun Everhart, 39, Warsaw, IN
Perry Jones, 43, Kokomo, IN
Melissa Baird, 38, Kokomo, IN
Shuan Myers, 35, Kokomo, IN
Antwon Abbott, 38, Kokomo, IN
Patricia Acord, 58, Kokomo, IN
Bradley Clark, 49, Kokomo, IN
According to the indictment, Balentine is the leader of the distribution conspiracy with Pierre Riley being his source of supply operating from Macon, Georgia, bringing controlled substances to Kokomo. Balantine worked with O’Bannon and Perry Jones to distribute the controlled substances, while Kristin Kinney is alleged to have stored the controlled substances and helped count the proceeds. Balentine is alleged to have sold the controlled substances to Michael Jones, Reed, Everhart and Owens for redistribution.
Yesterday morning (May 1, 2018), approximately 130 agents, troopers, deputies and officers served warrants at 13 locations in Kokomo and the Macon, GA area. As a result of the searches and the entire investigation, 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.
This case was investigated by the Drug Enforcement Administration, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, Internal Revenue Service, Unites States Postal Inspection Service, 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, Howard County Sheriff’s Department, Howard County Prosecutor’s Office and the Kokomo Police Department.
DEA Assistant Special Agent in Charge Greg Westfall stated, “OCDETF Operation Law and Order demonstrates DEA’s commitment to enforcing the drug laws of the United States, and restoring order by bringing to justice those who poison our communities with drugs and terrorize our communities with violence. Our message is clear, individuals who continue this type of criminal behavior, You Are Next.”
“These arrests reflect the continuing impact federal, state and local partnerships have on illegal drug trafficking,” said Grant Mendenhall, Special Agent in Charge of the FBI’s Indianapolis Division. “We will continue to aggressively investigate criminal organizations that target our communities with their drug-related violent activity and ensure they are held accountable.”
“Drugs and guns often go hand in hand with criminals using firearms to further their criminal drug enterprise. ATF will continue to work with our law enforcement counterparts to stem the flow of illegal weapons and remove violent criminals from our community,” said Trevor Velinor, Special Agent in Charge of ATF’s Columbus Field Division
Gabriel Grchan, Special Agent in Charge of the IRS Criminal Investigation, said, “Drug traffickers know their illegal profits are as good as gone when IRS-CI comes knocking. At the end of the day, these criminals care only about money and nothing else, yet the damage to our communities is devastating. IRS-CI is proud to stand with our partners today as we shut down illegal drug traffickers in Indiana communities.”
“The Kokomo Police Department has made and will continue to make the safety and quality of life of our citizens a priority,” said Chief Robert A. Baker. “We are committed to the pursuit of investigations that involve individuals who supply narcotics and controlled substances. We will remain vigilant to pursue investigations of those who perpetuate the victimization of addicted persons in this community.”
According to Assistant United States Attorney Michelle P. Brady who is prosecuting this case for the government the defendants, face decades 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 sentencing demonstrates the office’s firm commitment to partner with federal and local law enforcement agencies to prosecute individuals bringing methamphetamine, cocaine and heroin into our communities. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 3.3)
U.S. Attorney’s Office honors and recognizes National Police WeekRead the Press Release
United States Attorney Josh J. Minkler recognizes the dedication and bravery of Indiana law enforcement officials
PRESS RELEASE
Indianapolis-As part of National Police Week, United States Attorney Josh J. Minkler publicly thanks, recognizes, and honors the men and women who serve our great state as Indiana law enforcement officers.
“Aside from the men and women who serve alongside me in the Office of the United States Attorney, working with Indiana law enforcement officers has been my greatest professional privilege,” said Minkler. “I am deeply humbled when I think of the sacrifices and unmatched bravery these dedicated professionals demonstrate day after day. During a time in our country when the integrity of public servants is called into question by the actions of few, I stand resolute in my determination to honor and recognize these fine public servants during this week and beyond. I encourage all members of our community to stand shoulder-to-shoulder encircling the efforts of our police officers, and to thank them whenever the opportunity presents itself.”
According to the Officer Down Memorial page, 48 officers have been killed in the line of duty in 2018. Of those, 25 were killed by gunfire. Central Indiana’s most recent loss includes Boone County Jacob Pickett who died as a result of gunfire March 2, 2018. In 2017, 128 officers were killed in the line of duty, 44 by gunfire. Southport Police Officer Aaron Allan was killed July 22, 2017.
At both funerals, Minkler read heartfelt letters from Attorney General Jeff Sessions to the fallen officer’s widow.
“When an officer dies in the line of duty, a small part of the community dies as well,” said Minkler. “I ask all of Central and Southern Indiana to acknowledge the heroism and professionalism of our officers the next time you come across one and thank them for their service. We owe our safety and wellbeing to them.”
The United States Attorney’s Office recognizes the exemplary efforts of local law enforcement officers through USAO Awards that are announced and distributed within the respective communities in the district. The following officers have been recognized in the last 12 months:
Detective Bryan Brown, Evansville Police Department
Secret Service Agent Michael Moore
FBI Special Agent Vanessa Shaw
Detective Robert Wies, Evansville Police Department
FBI Special Agent Ryan Barrett
FBI Special Agent Andrew Willman
Officer Martin Loya, Jasper Police Department.
Additionally, the USAO recognizes and thanks officers from the Indianapolis Metropolitan Police Department and Evansville Police Department assigned to support the USAO’s reinvigorated Project Safe Neighborhoods initiative. PSN is one platform being utilized by the USAO and the Department to stem the violence in our cities.
Louisville man convicted of child pornographyRead the Press Release
PRESS RELEASE
New Albany – United States Attorney Josh Minkler announced today Adrian Grisanti, 46, of Louisville, Kentucky, was convicted on Thursday, April 19, 2018, on twenty counts related to child pornography and one count of destroying evidence after a four-day jury trial before U.S. District Judge Tanya Walton Pratt in New Albany, Indiana.
Grisanti was a member of a darknet web community that catered in images and videos of child pornography. After the website was discovered by the Federal Bureau of Investigation (FBI), the FBI was able to identify hundreds of members worldwide, including Grisanti.
Acting on this information, the FBI executed search warrants at Grisanti’s office and home in August of 2015. After Grisanti’s attempt to conceal his crimes by destroying the hard drive of the computer which was used to obtain the child pornography, the FBI and Indiana State Police began a painstaking forensic investigation which ultimately led to the arrest and conviction of Grisanti.
The conviction included eleven counts of receiving child pornography, eight counts of accessing computer files with the intent to view child pornography, one count of possession of child pornography, and one count of destroying evidence.
“Defendants can no longer hide behind the dark web and expect to elude federal law enforcement,” said Minkler. “Those who prey on the most vulnerable of our citizens, the ones who cannot fend for themselves, can expect to be held accountable and face the federal hammer of justice.”
“This verdict demonstrates the FBI’s commitment to investigating cases of child pornography with a sense of urgency to protect children from those who engage in this type of activity,” said Robert Middleton, Acting Special Agent in Charge of the FBI’s Indianapolis Division. “The teamwork between our agents and state law enforcement partners ensured there is one less predator victimizing the most innocent and vulnerable members of our community.”
“There are few things more upsetting than knowing innocent children continue to be victimized by people who engage in such depraved criminal acts,” said Indiana State Police Superintendent Doug Carter. “I’m very grateful to our dedicated detectives and the strong partnership we have with our federal partners that help bring these criminals to justice and remove them from society.”
According to Assistant United States Attorneys Bradley P. Shepard and Steven D. DeBrota, Grisanti faces between 5-20 years in prison on each count of receiving child pornography, up to 10 years in prison on each count of accessing computer files with intent to view child pornography, up to 20 years for possessing child pornography, and up to 10 years for destroying his hard drive.
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 sentencing demonstrates the office’s firm commitment to detect and prosecute matters involving sexual exploitation of children, (See United States Attorney’s Office, Southern District of Indiana Strategic Plan, Section 5.3)
Vigo County School Corporation official sentenced in federal courtRead the Press Release
Stole more than $110,000 from Vigo County taxpayers
PRESS RELEASE
Indianapolis – United States Attorney Josh Minkler announced that a former Vigo County School Corporation official, Franklin V. Fennell, 49, Terre Haute, was sentenced in federal court today. Fennell was sentenced to 24 months’ imprisonment by U. S. District Judge Jane Magnus-Stinson after a jury returned a verdict of guilty on all counts of fraud, bribery and making false statements to federal agents at a jury trial in December, 2017.
“The citizens of Vigo County deserve better from their public officials,” said Minkler. “Public service does not mean helping yourself to public funds. When greed becomes more important than serving the public, there are consequences and my office will hold offenders accountable.”
Fennell was the facilities director at the Vigo County School Corporation (VCSC). His duties included the maintenance and service at all VCSC locations and facilities, including schools. Fennell routinely submitted requisitions to the VCSC business office which in turn created purchase orders that were sent to vendors authorizing work. The vendor would then be paid after the work was completed.
From April 2014 through October 2016, Fennell and co-defendant, Frank Shahadey instructed a Terre Haute area businessman to submit false and fraudulent invoices for work performed for the VCSC by either inflating the cost of the work or seeking payment for work that was either not performed, or was done by another business. Once paid by the VCSC based on the false and fraudulent invoices, the businessman kicked back a portion of the ill-gotten gains to Fennell and Shahadey and retained a portion for his personal benefit.
As a result of this fraud scheme, Fennell and Shahadey received kickbacks of more than $110,000. When confronted by special agents of the Federal Bureau of Investigation regarding this fraudulent scheme, Fennell made various false statements in a futile effort to exculpate himself.
This case was investigated by the Federal Bureau of Investigation.
“This sentencing affirms that the FBI has zero tolerance for those who exploit their official position for personal gain,” said Robert Middleton, Acting Special Agent in Charge of the FBI’s Indianapolis Division. “Public corruption is one of the FBI’s top investigative priorities and our agents remain committed to pursuing those who violate the public’s trust through their greed.”
Fennell’s co-defendant, Frank Shahadey, was sentenced to 16 months’ imprisonment in October 2017, after pleading guilty to wire fraud and theft charges based on his involvement in this scheme.
According to Assistant United States Attorneys Tiffany Preston and Nick Linder who prosecuted the case, Fennel must also pay restitution in the amount of $110,600.
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 sentencing demonstrates the office’s firm commitment to detect and prosecute matters involving public corruption, (See United States Attorney’s Office, Southern District of Indiana Strategic Plan, Section 5.3)
United States Attorney’s Office and McKinney School of Law co-sponsor Indianapolis job fairRead the Press Release
Office to work with Indiana University McKinney School of Law and PACE to bring job opportunities for formerly incarcerated individuals
PRESS RELEASE
Indianapolis – United States Attorney Josh J. Minkler, Indiana University Robert H. McKinney School of Law, Dean Andrew Klein and PACE Executive Director, Rhiannon T. Edwards today announced a partnership to help bring community-wide resources and a job fair to individuals returning to Central Indiana after having been incarcerated.
When: Friday, April 6, 2018, from 10:00am – 2:00pm
Where: Light of the World Christian Church, 4646 North Michigan Road, Indianapolis, Indiana, 46228.
“Helping citizens return to a normal life after prison is a responsibility we all shoulder,” said Minkler. “Getting someone on their feet with a job, transportation, a place to live and a support system gives them purpose as well as reduces crime and recidivism.”
"The Federal District Court fully recognizes the importance of helping previously incarcerated individuals become re-integrated into society. There is always a delicate balance between holding people accountable and helping to give them a second chance through viable jobs,” said U.S. District Judge Tanya Walton Pratt. “I applaud the employers who are willing to take a chance on people who are striving to become more productive. Work is often more than a job but a great source of pride.”
“At McKinney, the law school has a demonstrated commitment to helping individuals re-enter into society,” said Dean Klein. “Professors, staff, and law students work with community agencies throughout the year to provide a supportive network to those newly released persons seeking independence and stability outside of the prison walls. The fair hopes to bring critical resources and opportunities together in one central location.”
“PACE has been dedicated to serving those returning to our community for more than 50 years,” said PACE Executive Director Rhiannon T. Edwards. “We are committed to ensuring that everyone receives a second chance and are thrilled to be partnering with the United States Attorney’s Office on this job fair. Obtaining self-sufficiency is key to the reduction of criminal activity and increased public safety. Criminal justice and community partnerships are essential to lowering recidivism in Marion County.”
"The Reentry Fair will assist the U.S. Probation Office in targeting key barriers to successful reentry,” said Chief U.S. Probation Officer Dwight Wharton. “Securing employment, finding affordable housing, navigating complex child support issues and obtaining proper identification are obstacles many of our returning citizens face. By specifically targeting these areas, the Reentry Fair can address several important barriers in one setting. The U.S. Probation Office is grateful for the hard work of those involved in making this special event a reality. Their efforts pay dividends individually and within the communities we both live and serve."
Some of the employers participating in the job fair include City of Indianapolis-Marion County Human Resource Division, IndyGo, Goodwill, Fed Ex, Comcast, UPS, Jiffy Lube, Penske Logistics, Home Depot, the Indiana Bureau of Motor Vehicles and so many more, all of which are hoping to fill a range of positions. The goal of the job fair is to give formerly incarcerated individuals the opportunity to meet with many local employers from a wide range of industries.
Job fair participants will also be able to meet with a range of community service providers including Indiana Department of Workforce Development, PACE and Independence Job Corps. All of these community service providers have valuable resources to share with this population.
Members of the McKinney Law School community will be managing the resource fair with the assistance from Indiana Legal Services, the Marion County Bar Association, and local law firms including Faegre Baker Daniels, Bingham, Greenebaum and Doll, Ice Miller and Barnes & Thornburg. The resource fair will focus on providing free brief service and advice in the areas of record expungement, child support, license reinstatement and specialized driving privileges. In addition, the fair will provide assistance with resume drafting, SNAP/HIP2 questions and applications, as well as Section 8 and low income housing information.
Formerly incarcerated individuals face many barriers upon their release. The purpose of the Community-Wide Job Fair and Resource Fair is to provide returning citizens with the opportunity to connect with useful re-entry and community agencies that will help provide referrals and resources to enhance their employment opportunities.
U.S. Attorney Minkler thanks all of our partners and the community for their continued support of this re-entry initiative.
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Indianapolis man found guilty of committing several eastside pharmacy robberiesRead the Press Release
Used a firearm while committing robberies
PRESS RELEASE
Indianapolis-United States Attorney Josh Minkler announced today that an Indianapolis man has been found guilty in federal court on three counts of robbery and four firearm’s related charges. Dexter Fisher, age 33, was found guilty before U.S. District Judge Jane Magnus-Stinson after a two-day jury trial.
This case is the result of a joint investigation by the Indianapolis Metropolitan Police Department’s serial robbery unit and the FBI’s Violent Crimes Task Force into a series of pharmacy robberies that occurred along and near Shadeland Avenue on the east and northeast side of Indianapolis between in August and September of 2014. Each robbery had a similar modus operandi wherein the robbery suspect would linger in the store until the pharmacy counter was unoccupied, the robber would then jump the pharmacy counter, brandish a loaded firearm at pharmacy staff, and demand opioids from the business.
On October 29, 2014, IMPD responded to a call from employees of the CVS at 5925 East 71st street reporting a suspicious person in the store who the employees believed had been involved in a prior pharmacy robbery. When IMPD officers responded and made contact with the suspicious individual, later identified as Dex (a/k/a Dexter) Fisher, Fisher became agitated, pushed a shopping cart into the responding officer and fled the store through an emergency exit. As Fisher fled the store he reached into his waistband and pulled out a semi-automatic handgun.
Fisher was arrested in a nearby neighborhood along 71st street after a brief chase and search. A loaded, Smith & Wesson, 9 millimeter handgun and a number of clothing items were recovered along the path of Fisher’s flight. The clothing, handgun, and Fisher’s fingerprints were subsequently linked to a number of pharmacy robberies, including: the Walgreens at 7506 North Shadeland Avenue on August 4, 2014; the CVS at 6975 Pendleton Pike on August 18, 2014; and the CVS at 1530 North Shadeland Avenue on September 9, 2014. Testimony during the trial revealed that, at the time of the robbery spree, Fisher was living at a residence near 52nd and Shadeland Avenue. Additionally, it was later determined that Fisher was out on bond and facing drug dealing charges in Marion County at the time of the robbery spree. Fisher pled guilty to those drug charges following his arrest on October 29, 2014.
“My hope is that individuals who terrorize our neighborhoods using firearms and other means of violence get the message that federal law enforcement is watching closely,” said Minkler. “Those who continue this behavior will feel the full hammer of federal prosecution and become better acquainted with the Bureau of Prisons.”
“This individual endangered innocent people in his violent quest to steal the most commonly abused prescription substances in our communities," said Grant Mendenhall, Special Agent in Charge of the FBI’s Indianapolis Division. “We will continue to work with our partners to pursue those who commit these violent crimes and take them off the streets.”
“Because of investigative and collaborative enforcement efforts, significant strides have been made to reduce the number of pharmacy robberies within Marion County,” said Chief Bryan Roach. “Coordination with our federal partners continues to yield significant gains and sends a strong message of enforcement and eventual prosecution.”
This case was prosecuted by Assistant United States Attorneys’ Bradley Shepard and Matthew Rinka. According to the attorneys, Fisher faces a mandatory minimum fifty-seven year prison sentence and a maximum sentence of life imprisonment. No sentencing date has been set.
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 use partnerships with law enforcement agencies to prosecute individuals who commit crimes involving firearms and robbery. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.3.
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Child sexual exploitation defendant still on the runRead the Press Release
Federal fugitive charged one year ago, asking for the public’s help capturing him
PRESS RELEASE
Indianapolis-United States Attorney Josh Minkler and FBI Special Agent in Charge Grant Mendenhall are asking for the public’s help in capturing a federal fugitive wanted for the sexual exploitation of a minor. Gustavo Cruz, a/k/a Gustavo Aguilar-Cruz 42, Indianapolis, is alleged to have used his cell phone to record himself sexually abusing an 11-year-old female child.
According to the criminal complaint, law enforcement learned of the alleged sexual abuse on March 21, 2017. The victim told investigators that Cruz had sexually abused her for years. Police served search warrants on Cruz’s home and vehicle and seized electronic devices. An examination found multiple videos containing child pornography. Many of these images depicted Cruz engaged in sexual acts with the victim.
Minkler said “One year ago, a very brave child came forward to tell police what Cruz did to her, and a team of skilled investigators found evidence to corroborate her account of repeated sexual violation. While the defendant is presumed innocent, now is the time for the community to come together to tell us where Cruz is located, so that all parties can have their day in court. We will not stop seeking justice for this child.”
Cruz has eluded law enforcement for nearly one year and is a wanted fugitive. He is a 42-year-old Hispanic Male, 5’11” tall and weighs approximately 210 pounds. He has brown eyes, dark hair and a mole on his right cheek. He is believed to be living somewhere in the Midwest United States.
Anyone knowing the whereabouts of Gustavo Cruz, is encouraged to call the FBI at 317 -595-4000 or Crime Stoppers at 317-262-TIPS (8477).
The Federal Bureau of Investigation and the Indianapolis Metropolitan Police Department conducted this investigation.
"Our children are among the most vulnerable members of our community, and we must protect them in any way we can," said Grant Mendenhall, Special Agent in Charge of the FBI's Indianapolis Division. "We will continue to work diligently with our partners to locate this individual to ensure no other children are victimized."
“The victimization of children is an unimaginable crime that can have a devastating impact for years,” said Chief Bryan Roach. “Because of skilled and dedicated Investigators we now know the identity of the alleged suspect and we need your help to find him”.
Kristina M. Korobov is prosecuting this case for the government and said Cruz faces 30 years imprisonment if convicted.
A criminal complaint 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 use partnerships with law enforcement agencies to prosecute individuals who exploit or harm children and other vulnerable victims. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 4.1
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Four defendants face fraud charges in bogus fundraising efforts for wounded military veteransRead the Press Release
Pocketed over $125,000 in funds for personal use
PRESS RELEASE
New Albany-United States Attorney Josh Minkler announced today federal charges against four individuals who are alleged to have stolen over $125,000 in an elaborate fraud scheme posing as fundraisers for America’s veterans and their families.
“Our American veterans have dutifully served this country through many wars and deserve better than to be deprived of donations from giving donors,” said Minkler. “The acts of these fraudsters have eroded the trust and good will of those who want to contribute to legitimate fundraising organizations, including those that support our veterans.”
Those charged include:
James D. Linville, 44, Clarksville, a/k/a Sergeant Bob Davis
Thomas A. Johnson, 42, Henryville, a/k/a Paul Bradley
Amy L. Bennett, 40, Henryville
Joanie Watson, 38, Clarksville
The conspiracy was led by Linville who filed paperwork with the Indiana Secretary of State’s Office to form the Wounded Warrior Fund, Inc. and the Wounded Warrior Foundation, Inc. in a scheme to solicit donations from individuals and businesses residing in Indiana, Kentucky, and Ohio. Linville and Johnson contacted businesses and individuals around the Midwest in an attempt to raise funds for the Wounded Warrior Fund and the Wounded Warrior Foundation accounts by stating the funds were for veterans and their families. They solicited funds by telephone, facsimile and in person; many individuals were led to believe they were donating to the nationally renowned Wounded Warrior Project.
Linville and Johnson are alleged to have used the aliases of “Sergeant Bob Johnson” and “Paul Bradley” when making the solicitations. By using aliases, they masked their true identity and in many cases misled the donors into believing they were being solicited by a former military member thus adding to their credibility. In one scheme, the defendants solicited for donations to purchase overseas calling cards and in another, they requested school supplies for active duty military families. Bennett and Watson would pick up checks and other donations made by individuals and businesses who intended to donate to veterans and their families. Donations made to these programs and similar fictitious campaigns for veterans were not distributed to veterans and their families; instead, the donations were used by members of the conspiracy for their personal benefit.
Throughout the conspiracy, it is alleged that the defendants collected donations from over 1000 individuals and businesses totaling over $125,000 in cash, gift cards, merchandise and in-kind donations.
The Wounded Warrior Project is a legitimate 501(c) 3 organization with offices in multiple cities around the country. It is a veteran’s charity and service organization which offers a variety of programs, services, and events for wounded veterans of the military. This organization is separate and distinct from the Wounded Warrior entities operated by the defendants.
The United States Secret Service and the Clark County Sheriff’s Department investigated this case.
“The results of this investigation are a testament to the Secret Service’s commitment to strong partnerships between local and federal law enforcement agencies,” said Richard Ferretti, Special Agent in Charge of the U.S. Secret Service Louisville Field Office. “We would like to thank the Clark County Sheriff’s Department and the U.S. Attorney’s Office – Southern District of Indiana for their hard work and partnership in this case.”
“I would like to commend the great teamwork between the Clark County Sheriff’s Office, U.S. Secret Service, U.S. Marshalls, and U.S. Attorney’s Office for bringing these individuals to justice,” stated Sheriff Jamey Noel. “The alleged crimes in this case preyed on honest, hardworking people, families, and businesses in our community under a false pretense they were helping veterans. We owe our veterans a great debt of gratitude; we will not tolerate people taking advantage of them. We will continue to work together to investigate fraudulent organizations to protect our community.”
Kyle M. Sawa is prosecuting this case for the government and said all defendants 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 use partnerships with law enforcement agencies to prosecute individuals who participate in large-scale fraud schemes and exploit vulnerable victims. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 5.1
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Heavily armed Northside drug trafficking organization dismantledRead the Press Release
Part of U.S. Attorney’s January 2018 Project Safe Neighborhoods Strategy.
PRESS RELEASE
Indianapolis-United States Attorney Josh Minkler announced today a drug trafficking organization operating on the Northside has been dismantled. Fourteen federal defendants face charges that include conspiracy to deal controlled substances (including methamphetamine), carrying a firearm during and in relation to a drug-trafficking offense, and illegal possession of a firearm.
“In January, I rolled out this district’s PSN initiative, aimed at reducing gun violence through aggressive federal prosecution,” said Minkler. “Each IMPD district has an Assistant United States Attorney assigned to work closely with our law enforcement partners to prosecute the most violent offenders who terrorize our neighborhoods. I am hopeful this sends a very clear message, that if you choose to use guns to further your criminal activities, look over your shoulder because federal law enforcement is watching.”
Those arrested on Friday, February 23, 2018, include:
Devon Price, 31, Indianapolis, a/k/a Big Mike
William Bobo, 25, Indianapolis
Michael Graham, 23, Indianapolis, a/k/a Mike-Mike
Alan Wann, 20, Indianapolis, a/k/a Boogie
Dujaun Terry, 21, Indianapolis, a/k/a Juan-Juan, a/k/a Youngster
Ricky Wilburn, 24, Indianapolis
Henry Phillips, 25 Indianapolis
As a result of search warrants that were executed on Friday, February 23, 2018, agents and officers seized quantities of methamphetamine, marijuana, synthetic cannabinoids, and other drugs, as well as over $20,000 in currency, 29 cell phones, and 10 firearms. According to the most recent complaint affidavit, members of the drug trafficking organization are alleged to deal in large quantities of controlled substances, including those seized. Many of the individuals arrested over the course of the investigation, including on Friday, possessed firearms despite being prohibited from possessing them because of prior convictions.
This case has been investigated by the Indianapolis Metropolitan Police Department (IMPD); the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and the Drug Enforcement Administration (DEA), with substantial assistance from the Indiana State Police.
Since May 2017, the ATF-Achilles Task Force and the IMPD North District Narcotics Unit, together with other law enforcement agencies, have been conducting an investigation into an armed drug-trafficking organization operating in Indianapolis. Several members of the organization have been identified as suspects in violent crimes in the North District. Many of them previously referred to themselves as Stupid Star Entertainment (SSE), which they claimed was a rap group in an area of Northeast Indianapolis they referred to as “Gangsterville.” Friday’s arrests represent the latest arrests in the ongoing investigation. Other federal arrests related to the investigation include:
Mose Bell, 42, Indianapolis
William Elliott, 24, Indianapolis
Corey Gibson, 39, Indianapolis
Tracy Hollowell, 23, Indianapolis
Derrick Motley, 27, Indianapolis
Jonathan Talley, 25, Indianapolis
Larry Wood, 43, Indianapolis
“The collective efforts of IMPD and our federal partners continue to send a formidable message that violence will not be accepted in our community,” said Chief Bryan Roach. “As we continue to combine law enforcement resources, both federal and local, around violent offenders and groups we are hopeful that those embroiled in violence get the message that we are resolute and intend to address violence to foster safer neighborhoods.”
“These arrests represent the culmination of countless hours of investigative work by IMPD’s North District Narcotics and FLEX Units and ATF/IMPD Achilles Task Force Officers and Agents,” stated Trevor Velinor, Special Agent in Charge for ATF’s Columbus Field Division. “The individuals arrested in the course of this investigation have flooded the streets of Indianapolis with drugs and guns, leaving innocent residents in fear. ATF and our partners are committed to returning our community to its rightful owners, those living, working, and raising families there.”
According to Assistant United States Attorney Matthew Lasher, who is prosecuting this case for the government, all defendants face up to a decade or more in prison if convicted.
A criminal complaint 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 use partnerships with law enforcement agencies to prosecute individuals engaged criminal drug and firearms violations. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.2.
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Justice Department coordinates nationwide elder fraud sweep of more than 250 defendantsRead the Press Release
WASHINGTON – Attorney General Jeff Sessions and law enforcement partners announced today the largest coordinated sweep of elder fraud cases in history. The cases involve more than two hundred and fifty defendants from around the globe who victimized more than a million Americans, most of whom were elderly. The cases include criminal, civil, and forfeiture actions across more than 50 federal districts. Of the defendants, 200 were charged criminally. In each case, offenders engaged in financial schemes that targeted or largely affected seniors. In total, the charged elder fraud schemes caused losses of more than half a billion dollars. The Department coordinated its announcement with the FTC and state Attorneys General, who independently filed numerous cases targeting elder frauds within the sweep period.
“The Justice Department and its partners are taking unprecedented, coordinated action to protect elderly Americans from financial threats, both foreign and domestic,” said Attorney General Sessions. “Today’s actions send a clear message: we will hold perpetrators of elder fraud schemes accountable wherever they are. When criminals steal the hard-earned life savings of older Americans, we will respond with all the tools at the Department’s disposal – criminal prosecutions to punish offenders, civil injunctions to shut the schemes down, and asset forfeiture to take back ill-gotten gains. Today is only the beginning. I have directed Department prosecutors to coordinate with both domestic law enforcement partners and foreign counterparts to stop these criminals from exploiting our seniors.”
The actions charged a variety of fraud schemes, ranging from mass mailing, telemarketing and investment frauds to individual incidences of identity theft and theft by guardians. A number of cases involved transnational criminal organizations that defrauded hundreds of thousands of elderly victims, while others involved a single relative or fiduciary who took advantage of an individual victim. The schemes charged in these cases caused losses to more than a million victims.
“Winners. That’s what so many of the people who received these solicitations in the mail thought they were. But they’re not. They are victims of scams that Postal Inspectors have seen and investigated for decades. In fact, some of the same operators we encountered 20 years ago are back. But so are we. Yesterday, Postal Inspectors around the country executed search warrants on 14 locations that some of these same operators used to run their scams. We’re letting the American public know – and especially our vulnerable older Americans – that Postal Inspectors are working hard to protect them and ensure their confidence in the U.S. Mail,” said Chief Postal Inspector Cottrell.
“Over the last year, the FBI has initiated more than 200 financial crimes cases involving elderly victims who were devastated financially, emotionally, mentally and physically. Picking up the pieces of these fraud schemes can be equally as traumatizing for the caregivers of these elderly victims,” said Acting Deputy Director Bowdich. “The FBI reminds seniors and their caregivers to be vigilant. If any person believes they are the victim of, or have knowledge of fraud involving an elderly person, regardless of the loss amount, they should report it to the FBI.”
“We target and prosecute those who target the elderly, because the true measure of the strength of our criminal justice system is in how we treat and protect our most vulnerable members of society,” said U.S. Attorney Josh J. Minkler. “Schemes to defraud the elderly often dovetail with specialized types of fraud, such as health care and financial fraud, that are also Department priorities. Any time we can root out and stop a complex fraud that also targets the elderly, we are fulfilling one of the Department’s highest purposes with some of the Department’s most effective tools. Recognizing the multi-faceted aspect of these schemes, we have coordinated with multiple law enforcement partners across different specialties to vigorously investigate and charge complex cases targeting vulnerable victims.”
In the last year alone, the U.S. Attorney’s Office for the Southern District of Indiana charged multiple defendants with creating approximately $10 million in fraud, waste, and abuse within the health care industry. These cases implicated the sick and the elderly.
Other recently prosecuted cases involving elder victims include:
United States v. Michael Sallee: Sallee, 59, of Bloomington, Indiana, acted as a trusted CPA and financial advisor when he stole approximately $1.1 million from an elderly widow, her children, and grandchildren. He used the funds for his own benefit, and was sentenced to 33 months in federal prison after pleading guilty to mail fraud charges.
United States v. Sherry Gore: Gore, 67, of Morgantown, Indiana, was charged with conspiring to use a false name in connection with a fraud scheme for her role collecting money for a long-running psychic mail fraud scam. According to charges, Gore sent letters to victims of the psychic scheme after the victims’ checks bounced. In many letters, Gore used a false name, claimed to be the “Director/Legal Services-Collections,” and threatened that lawyers would pursue legal proceedings against victims.
This case is being prosecuted by the Department’s Consumer Protection Branch, with assistance from the U.S. Attorney’s Office for the Southern District of Indiana.
To ensure that we continue to hold accountable those who take advantage of the elderly, the U.S. Attorney’s Office for the Southern District of Indiana met with law enforcement partners at FBI and the U.S Postal Inspection Service this past week, coordinating public outreach relating to elder justice, as well as efforts to critically evaluate and identify schemes that target the elderly.
Actions against other elder fraud schemes
Prosecutors across the country from the Criminal Division’s Fraud Section, the Consumer Protection Branch and the U.S. Attorney’s Offices have heeded the call to focus resources on elder fraud cases. Over 50 U.S. Attorney’s Offices and Department Components filed elder fraud cases in the last year. Some examples of the elder financial exploitation prosecuted by the Department include:
- “Lottery phone scams,” in which callers convince seniors that a large fee or taxes must be paid before one can receive lottery winnings;
- “Grandparent scams,” which convince seniors that their grandchildren have been arrested and need bail money;
- “Romance scams,” which lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose;
- “IRS imposter schemes,” which defraud victims by posing as IRS agents and claiming that victims owe back taxes;
- “Guardianship schemes,” which siphon seniors’ financial resources into the bank accounts of deceitful relatives or guardians.
Many of these cases illustrate how an elderly American can lose his or her life savings to a duplicitous relative, guardian, or stranger who gains the victim’s trust. The devastating effects these cases have on victims and their families, both financially and psychologically, make prosecuting elder fraud a key Department priority.
Public Education
The Department has partnered with Senior Corps, a national service program administered by the federal agency the Corporation for National and Community Service, to educate seniors and prevent further victimization. The Senior Corps program engages more than 245,000 older adults in intensive service each year, who in turn, serve more than 840,000 additional seniors, including 332,000 veterans.
Using its vast network operating in more than 30,000 locations, Senior Corps volunteers will communicate about elder fraud to potential victims across the country and will use their skills, knowledge and experience to educate their peers and caregivers about the most prolific types of schemes and how to avoid them.
Coordination with state officials
Kansas Attorney General Schmidt highlighted the cases filed by state Attorneys General targeting elder frauds within the sweep period, and he emphasized efforts at the state level to combat elder abuse and protect seniors from fraud and exploitation. He encouraged all of the state Attorneys General to devote enforcement and public education resources to preventing financial exploitation of senior citizens.
Coordination with foreign law enforcement
Exceptional assistance from foreign law enforcement partners amplified the effectiveness of the Department’s initiative. The sweep announced today benefited greatly from the work of the International Mass-Marketing Fraud Working Group (IMMFWG), a network of civil and criminal law enforcement agencies from Australia, Belgium, Canada, Europol, the Netherlands, Nigeria, Norway, Spain, the United Kingdom and the United States. The IMMFWG is co-chaired by the U.S. Department of Justice and FTC, and law enforcement in the United Kingdom, and serves as a model for international cooperation against specific threats that endanger the financial well-being of each member country’s residents. Attorney General Sessions expressed gratitude for the outstanding efforts of the working group, including law enforcement action taken as part of the sweep by the Vancouver Police Department in Canada to halt mass mailing schemes that defrauded hundreds of thousands of elderly victims worldwide.
Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.
Bookkeeper charged with defrauding small businessRead the Press Release
Alleged $300,000 fraud nearly bankrupted employer
PRESS RELEASE
Indianapolis – United States Attorney Josh Minkler today announced that Erica Howard, 30, of Indianapolis, was charged with wire fraud for a two-year scheme to siphon funds from her employer, a family-owned construction company in Franklin, Indiana. Howard, who has prior convictions for fraud, forgery, and theft, has agreed to plead guilty to the federal felony charge.
“Fraud on a small business often impacts much more than the bottom line,” Minkler said. “It can costs people good jobs, as it did here. It also breeds distrust, especially when the fraud is perpetrated by a trusted employee. People who exploit a position of trust for purely personal gain will be held accountable to the fullest extent of the law.”
Just months after starting as bookkeeper, Howard allegedly began diverting company money to herself. According to the federal charges, she abused her access to company accounts online to pay over a dozen personal credit cards and buy electronics and other items on Amazon.
Howard allegedly concealed her fraud for over two years. Entrusted with keeping the company books, she never noted her personal uses of company funds. Then, each year, she delivered the false books to the company’s accountant, along with a set of phony bank statements that she had manipulated to make the numbers match.
Howard’s fraud was finally discovered when a company check bounced. By then, she had allegedly funneled over $315,000 in company money to herself. The company’s owners were forced to lay off workers and liquidate retirement savings to keep the business afloat.
Following an investigation by the Federal Bureau of Investigation and Franklin Police Department, Howard agreed to plead guilty to the federal wire fraud charge. According to Assistant United States Attorney Nick Linder, who prosecuted this case for the government, Howard faces up to 20 years in federal prison and an order to pay restitution for the full amount she stole.
“The FBI takes our responsibility to investigate and pursue those who commit fraud for personal gain very seriously," said Robert Middleton, Acting Special Agent in Charge of the FBI’s Indianapolis Division. “We will continue working with our law enforcement partners to hold accountable those who use illegal means and criminal behavior to take advantage of others.”
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 complex fraud schemes. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 5.1.
MS-13 gang member sentenced in federal court for illegal gun possessionRead the Press Release
Illegal alien from El Salvador lived on the Westside of Indianapolis
PRESS RELEASE
Indianapolis - United States Attorney Josh Minkler today announced the sentencing of an illegal alien and violent gang member found to be in possession of a firearm. Jose Salvador Gonzalez-Campos, age 27, was sentenced to 1 year and 1 day imprisonment by U.S. District Judge Sarah Evans Barker.
“Protecting our communities from ruthless transnational criminal organizations like MS-13 who exploit our immigration laws and terrorize our communities is a top priority of this office and the Department of Justice,” said Minkler.
Gonzalez-Campos was found in the company of other known MS-13 gang members’ associates in the Columbus, Ohio area. On more than one occasion, investigators observed Gonzalez-Campos wearing a light blue backpack. In addition, photographs posted on a Facebook page associated with Gonzalez-Campos showed him wearing a light blue backpack.
On August 15, 2017, members of an FBI SWAT team executed a search of the defendant’s residence, 2810 West Ray Street, Indianapolis, and agents took Gonzalez-Campos and three other alleged MS-13 gang members into federal custody. During a subsequent search of the residence, agents located a light blue backpack similar to the one Gonzalez-Campos had been seen wearing. In the backpack, agents discovered an El Salvadorian passport with the defendant's name listed on it; a stainless steel Taurus .357 caliber revolver and five rounds of .357 ammunition. In the same room with the backpack, agents found a second passport with Gonzalez-Campos’ name and a photograph that depicted the defendant in various poses with family members.
Gonzalez Campos is an illegal alien and cannot legally possess a firearm.
This 18-month investigation was conducted by the Federal Bureau of Investigation (FBI); Immigration Customs Enforcement; the Columbus, Indiana Police Department; and the Franklin County, Indiana, Sheriff’s Office.
“Violent criminal street gangs like MS-13 threaten our communities. Today’s sentence will not only make our neighborhoods safer, but send a message to other gang members that the FBI and its law enforcement partners will continue to aggressively pursue efforts to disrupt and dismantle organized crime groups such as these,” said Robert Middleton, Acting Special Agent in Charge of the FBI’s Indianapolis Division.
According to Assistant United States Attorney Barry Glickman, who serves as the Deputy Chief of Gun and Violent Crimes, Gonzalez-Campos will likely be removed to his native country of El Salvador after serving his sentence. Judge Barker also imposed a term of three 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 utilize and partner with law enforcement agencies to prosecute illegal immigration cases, to prosecute our most violent criminals and focus local prosecutions on illegal gun possession. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 1.8, 2.2 and 2.9.
Dearborn county man sentenced in child pornography caseRead the Press Release
On parole for previous child pornography conviction in Indiana
PRESS RELEASE
Indianapolis - United States Attorney Josh Minkler announced today a Dearborn County, Indiana, man who was on parole of a previous conviction on child pornography charges, was sentenced for possession of child pornography. Wayne D. Brown 48, Aurora, was sentenced to 135 months (over 11 years) imprisonment by U. S. District Judge Tanya Walton Pratt late last week.
“This Office has sent a consistent message when it comes to child pornography and the re-victimization of our children,” said Minkler. “Child Pornography is child abuse, and individuals who continue to traffic in child abuse imagery will go to prison.”
According to court records, Brown was on Indiana parole for convictions of Possession of Child Pornography and Child Exploitation in Dearborn County from 2007. Following his prison sentence, Brown signed a condition of parole release agreement, allowing for reasonable visitation to his residence by the Indiana Department of Correction, no out-of-state travel, no on-line computer access, no alcohol use and no possession of obscene material.
Less than 3 months after his release from prison, on December 15, 2016, Brown met his parole officer and was confronted about being out of state without authorization. Later that evening, Indiana parole agents then conducted an unannounced home visit at Brown’s residence and removed an internet-enabled cell phone and a laptop computer. An examination of the devices revealed large quantities of child pornography, including images of infants and toddlers and other pre-pubescent children being sexually abused.
This case was investigated by the Federal Bureau of Investigation, the Dearborn County Prosecutor’s Office, the Indiana State Police Cyber Crimes Unit and Indiana State Parole.
“The FBI investigates all child pornography cases with a sense of urgency due to the extreme vulnerability of the victims involved – our children,” said Robert Alex Middleton, Acting Special Agent in Charge of the FBI’s Indianapolis Division. “This case demonstrates our commitment, and that of our law enforcement partners, to protect those who can’t protect themselves and ensure those who would harm them are brought to justice.”
“Mr. Brown’s repeated criminal acts demonstrate that he cannot be free in society,” said Dearborn County Prosecutor Lynn Deddens. “Thank you to the U.S. Attorney’s Office for prosecuting the case and leveraging additional penalties available under federal law that do not exist under our state criminal code. Brown’s deviant acts, that were investigated by county, state and federal law enforcement officials working hand in hand led to his arrest. Because of this teamwork, we have one more perpetrator incarcerated and one less person committing child abuse.”
“This case is an example of the diligent efforts of Indiana State Parole Agents. Here, we had an officer who took his responsibility to protect the community seriously, and once he detected violations by the defendant, he acted immediately. It was his quick search of the defendant’s residence that uncovered the defendant’s repeated crimes against children,” said Minkler.
According to Assistant United States Attorney Kristina M. Korobov who prosecuted this case for the government, Brown must serve 10 additional years of supervised release after 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 4.2.
Minkler announces federal immigration charges against illegal alien involved in I-70 motor vehicle accidentRead the Press Release
PRESS RELEASE
Indianapolis United States Attorney Josh Minkler today announced federal charges against an illegal alien from Guatemala. Manuel Orrego-Zavala 37, was charged by a criminal complaint with illegal re-entry of a previously deported alien.
“The defendant in this case allegedly re-entered the country illegally for the second time before he put the public safety of Indianapolis at risk and took the lives of two innocent men early Sunday morning,” said Minkler. “In April, Attorney General Sessions directed all federal prosecutors to prioritize charging aliens that illegally re-enter the country, especially if they are a risk to public safety or there is a criminal history present. Following the rule of law is the foundation of our American democracy, and my office is committed to fulfilling the Attorney General’s directive.”
According to the criminal complaint, Orrego-Zavala was encountered by law enforcement in Indianapolis, Indiana, on February 4, 2018, when he was arrested after being involved in a fatal motor vehicle accident on Interstate 70. At the time of his arrest, Orrego-Zavala provided law enforcement authorities with the alias, “Alex G. Cabrera,” but Homeland Security agents soon learned—through cooperation and information sharing with the Indianapolis Metro Police Department—his true identity was Manuel Orrego-Zavala, a citizen of Guatemala.
The complaint further states Orrego-Zavala was arrested by Immigration and Customs Enforcement and Removal Operations (ICE ERO) in October 2006, and removed from the United States to Guatemala in January 2007. At that time, Orrego-Zavala was prohibited from returning to the United States for 10 years. In March 2009, he was arrested by ICE ERO and in May 2009, removed to Guatemala and prohibited from returning for 20 years.
Orrego-Zavala will remain in custody while the case is investigated by the Indiana State Police and the Marion County Prosecutor’s Office. The immigration charges will remain pending until the conclusion of all state matters.
A criminal complaint is only a charge and not evidence of guilt. All defendants are presumed innocent until proven otherwise in federal court.
According to Assistant United States Attorney William McCoskey who is prosecuting this case for the government, Orrego-Zavala faces up to 10 years of 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 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
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Convicted felon sentenced to 10 years in federal court on ammunition chargeRead the Press Release
Three prior felonies result in an Evansville man sentenced for illegal possession of ammunition
PRESS RELEASE
Evansville –United States Attorney Josh J. Minkler announced today that an Evansville man was sentenced for possessing ammunition as a convicted felon after being arrested by the Evansville Police Department during a domestic disturbance in 2016. Jason E. Galloway, 40, was sentenced to 120 months (10 years) by U.S. District Judge Richard L. Young after pleading guilty to being a felon in possession of ammunition.
“Convicted felons have no right to carry firearms or ammunition in the state of Indiana,” said Minkler. “If someone chooses to willfully violate federal law, they will face serious consequences.”
According to a police report generated by the Evansville Police Department, police were called to the 1100 block of North Main Street on January 21, 2016, on a reported domestic violence incident. When officers arrived, they spoke with Galloway’s former wife who stated Galloway had waived a gun around the house, threatened to shoot her, and assaulted her and her minor daughter. Officers found a stolen .22 caliber revolver in the house and a cylinder loaded with eight rounds of ammunition. Galloway left the home before officers arrived, but officers found him behind a nearby gas station with live ammunition in his pocket and placed him under arrest.
Galloway cannot legally possess a firearm or ammunition because he has three felony convictions. The convictions include:
- Manufacturing methamphetamine, Henderson County, Kentucky, in 2000
- Criminal recklessness resulting in serious bodily injury, in Posey County, Indiana, in 2010
- Battery, Vanderburgh County, Indiana, in 2013
This case was investigated by the Evansville Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“ATF is committed to combating gun violence in our communities,” said Trevor Velinor, ATF Special Agent in Charge for the Columbus Field Division. “We will continue to work with our law enforcement partners to make Evansville safer for all residents.”
“This should serve as another example to those who wish to create havoc in our community that justice will in turn wreak havoc on their lives,” said Evansville Police Chief Billy Bolin.
According to Assistant United States Attorney Kyle M. Sawa, who is prosecuting this case for the government, Galloway must also pay a $1,000 fine and serve 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 firm commitment to utilize and partner with law enforcement agencies to prosecute individuals engaged firearm violations in the District’s most violent areas. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.2
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Louisville man found guilty in federal courtRead the Press Release
Large-scale trafficker of heroin, methamphetamine and cocaine
PRESS RELEASE
NEW ALBANY- United States Attorney Josh Minkler announced today a guilty verdict in a large-scale drug trafficking case operating in the New Albany and Louisville, Kentucky, area. Terrance Brasher, 37, Louisville, was found guilty of conspiracy to distribute heroin, methamphetamine and cocaine after a four-day jury trial in New Albany, before U.S. District Judge Tanya Walton Pratt.
“Drug trafficking not only contributes to our nation’s opioid addiction problem, it also brings serious violence to our neighborhoods,” said Minkler. “Those who choose to ignore our drug laws by bringing dangerous substances into our communities will face the hammer of federal law enforcement.”
Beginning in October 2014 and ending in December 2015, Brasher was part of a drug trafficking organization that distributed large quantities of heroin, methamphetamine, and cocaine in the New Albany and Louisville area. Brasher and others used an automotive shop and other locations in Louisville, New Albany, and Evansville, Indiana, to conduct their collaborative drug activities, including the delivery of drugs and transfer of drug proceeds. The conspirators often used cellular phones to communicate with one another to further their transactions, using coded language to describe their drug trafficking activities.
Co-conspirators Carlos Shelton, Terry Martin, Jeffrey Coleman, and Maycoe Ortiz, have all pleaded guilty and are awaiting sentencing. Ten other individuals charged in the same conspiracy have been convicted and sentenced.
This case was investigated by the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco and Explosives, New Albany Police Department, Jeffersonville Police Department and Louisville Metro Police Department.
“The FBI has made a concerted effort with our law enforcement partners to help address the drug problem in the New Albany area and this verdict shows these partnerships are succeeding in disrupting and removing violent drug dealing groups from our communities,” said W. Jay Abbott, Special Agent in Charge of the FBI’s Indianapolis Division.
According to Assistant United States Attorney William McCoskey and Drug and Violent Crime Chief Barry Glickman, who prosecuted this case for the government, Brasher faces a mandatory life sentence. No sentencing date has been set.
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 distribution of heroin, methamphetamine, and cocaine. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 3.3.
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Former Muncie-area volleyball coach federally charged in sexual exploitation caseRead the Press Release
PRESS RELEASE
Indianapolis-United States Attorney Josh Minkler announced today federal charges against a Muncie man for engaging in illegal sexual conduct with minor children over a three (3) year period. Nolan M. Brand, 24, Muncie, has been charged with sexual exploitation of a minor.
“This Office has sent a consistent message when it comes to the exploitation of children,” said Minkler. “When individuals abuse their position of trust to prey on children, they will feel the full force of the federal hammer.”
According to the criminal complaint, Brand began to have sexual contact with Minor Victim 1 in September of 2017, and his behavior continued until December 2017. The victim was less than 16 years old at the time, and the conduct occurred on a frequent basis over those three months. Brand admitted that the contact with Minor Victim 1 became sexual in nature when he used the Snapchat application to communicate with the child.
The illegal activity was reported to the Muncie Police Department on December 4, 2017. Brand was interviewed by Muncie Police and admitted to engaging in illegal sex acts with Minor Victim 1 on multiple occasions. During the recorded interview, when investigators had stepped out of the room, Brand admitted ‘oh my God, I have child porn on me . . . on my . . . phone.” He later whispered, “oh my God, there are pictures . . . . Other girls, oh my God.”
Law enforcement officials quickly served search warrants. A forensic review of the electronic devices showed that Brand recorded some of the illegal sexual conduct involving Minor Victim 1 on his cellular phone, and then he downloaded it to a computer. Examiners also found sexually explicit images of a second under-age victim. That victim, Minor Victim 2, confirmed the existence of the images and that the images were produced at the request of Nolan Brand.
This case was investigated by the Federal Bureau of Investigation and the Muncie Police Department.
“This charge illustrates our commitment to protect our most vulnerable citizens, our children, from those who use a position of trust and authority to exploit them,” said W. Jay Abbott, Special Agent in Charge of the FBI’s Indianapolis Division. “The FBI will continue to work diligently with our law enforcement partners to identify and hold accountable those who prey on children.”
“I am grateful for the strong working relationship the Muncie Police Department has with our federal law enforcement partners,” said Chief Joe Winkle. “Because of this relationship, Muncie-area residents are safer.”
Brand remains in the custody of the US Marshal Service and will have his detention hearing January 31, 2018.
A criminal complaint is only a charge and not evidence of guilt. All defendants are presumed innocent until proven otherwise in federal court.
According to Assistant United States Attorney Kristina M. Korobov who is prosecuting this case as for the government, Brand faces up to 30 years of 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 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 4.2.
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Pair found guilty of racketeer influenced corrupt organization conspiracy in federal courtRead the Press Release
Ten members of Elite Enterprise convicted, two at trial with eight pleading guilty to participating in a RICO conspiracy or related fraud counts for defrauding financial institutions and insurance companies across the country.
PRESS RELEASE
Indianapolis – United States Attorney Josh J. Minkler announced today the convictions of the final two defendants after a two-week jury trial, in a corrupt business organization plot to deceive a myriad of financial institutions and insurance companies across the country resulting in a loss upwards of $1.6 million. Mahdi Khelifi, 25, and Hamza Dridi 28, both of Indianapolis, were found guilty of conspiracy to commit racketeer influenced and corrupt organization and interstate transportation of stolen property. Khelifi was also charged with conspiracy to commit mail fraud and two counts of conspiracy to commit wire fraud.
“We are pleased that the jury was able to see this scheme for what is was,” said Minkler. “Elite Enterprise profited because of a continuous and pervasive culture of corruption. With the conviction of the final members of this criminal group, we have sent a strong message: if your business model includes stealing from others, we stand ready to enforce federal law to close your doors and to move criminals from their offices to the Bureau of Prisons.”
Khelifi and Dridi worked and managed Elite Imports, LLC and Elite Car Imports, LLC, which were car dealerships operating in two primary locations, 4550 N. Keystone Avenue and 8102 Pendleton Pike. As part of the conspiracy, Elite would work with customers to help them secure loans in order to purchase Elite’s vehicles. If the customer qualified, the lenders provided money for vehicle purchases by customers who could not pay for the vehicle in cash. Khelifi and Dridi and other members of the Elite Enterprise deceived these lenders by submitting fraudulent documents and information, such as proof of income (paystubs, driver’s licenses, social security numbers, and dates of birth) and proof of residency (utility bills), among other things. Enterprise members created or obtained these fraudulent documents so that they could deceive the lenders. Many of the fraudulent documents showed that Elite customers worked at shell companies. The goal of the Elite Enterprise was make the prospective lender believe that the customer was credit-worthy, with appropriate income levels, employment status and valid state drivers’ licenses to obtain loans.
The second racketeering fraud scheme involved members of the conspiracy making false claims to insurance companies, reporting vehicles as stolen, when in fact they were not. The defendants and associates were then reimbursed by various insurance companies for the purported stolen vehicles. 11 vehicles and vehicle parts previously reported stolen to insurance companies and the police were located in a chop shop behind the Keystone location when federal agents raided the business in September 2015.
The third fraud scheme involved floor plan financing and money laundering.
The case was investigated through a collaborative partnership between the Federal Bureau of Investigation, the U.S. Postal Inspection Service, the U.S. Social Security, OIG, the Lawrence Police Department and the Indianapolis Metropolitan Police Department, with assistance provided by the Indiana Secretary of State, Auto Division, and the Indiana Attorney General Consumer Fraud Division.
"This type of fraud has a devastating impact on victims and the verdict sends a clear message that illegal business practices in the form of white collar crime won't be tolerated," said W. Jay Abbott, Special Agent in Charge of the FBI's Indianapolis Division. "The FBI and our law enforcement and regulatory partners will continue to aggressively pursue those who perpetrate these schemes and steal from hardworking Americans."
“The wheels of justice moved swiftly, as indicated by the jury’s quick verdict. The conviction of both defendants ensures two fraudsters will now be imprisoned for the crimes they committed against the American public,” said Detroit Division Inspector in Charge, Patricia Armstrong, U.S. Postal Inspection Service.
Assistant United States Attorneys Cynthia J. Ridgeway and Kristina M. Korobov are prosecuting the case for the government and said Khelifi and Dridi could face up to 20 years’ imprisonment.
U. S. District Judge William T. Lawrence presided over the trial. No sentencing date has been set.
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 large-scale fraud schemes. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 5.1.
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Two Assistant United States Attorneys receive national awardRead the Press Release
Coalition Against Insurance Fraud awards Prosecutor of the Year citations to federal attorneys
PRESS RELEASE
Evansville-United States Attorney Josh J. Minkler announced today a national award given to two Assistant United States Attorneys serving in the Evansville office for their work in prosecuting an elaborate insurance fraud scheme. Todd Shellenbarger the branch chief in the Evansville U.S. Attorney’s Office and Kyle Sawa, prosecuted Michael Burris and 35 other defendants on fraud charges.
“I am proud of the work all of our AUSA’s do on a daily basis,” said Minkler, “but today, I am especially proud of Todd and Kyle for their exceptional work. The Burris family was the face of organized crime in the Evansville area and they put many public safety officials in harm’s way through their criminal acts.”
Between 2008 and 2014, Michael W. Burris and others, planned a series of automobile crashes in and around Evansville. They recruited persons to participate in staged vehicle crashes, made false police reports about the crashes and then filed false claims with insurance providers for “injuries” suffered in the crashes that were self-inflicted.
The Prosecutor of the Year Award is a national honor that recognizes exceptional courtroom achievements and best practices in combatting insurance crime. It is presented by the Coalition Against Insurance Fraud, a national alliance of consumer groups, insurance companies and government agencies combatting all forms of insurance fraud.
“Staged crashes literally drive up auto premiums for honest Indiana motorists,” said Dennis Jay, Executive Director, Coalition Against Insurance Fraud. “The Burris family was a factory line of fraud. It took exceptional courtroom skill by Todd Shellenbarger and Kyle Sawa to unravel their complex crash scheme and launch them on the exit ramp to prison.”
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Kentucky Man Charged with Assaulting a Member of CongressRead the Press Release
Victim attacked while mowing his yard.
PRESS RELEASE
Indianapolis-Josh J. Minkler, the United States Attorney for the Southern District of Indiana, announced today that Rene A. Boucher, 58, Bowling Green, Kentucky, has been charged with assaulting a member of congress resulting in personal injury, a felony under federal law.
“Assaulting a member of Congress is an offense we take very seriously,” said Minkler. “Those who choose to commit such an act will be held accountable.”
According to court documents, Boucher and the victim are neighbors in Bowling Green, Kentucky. On November 3, 2017, the victim was mowing his yard while wearing headphones. Boucher allegedly witnessed the victim stack brush onto a pile near the victim’s property and “had enough.” Boucher ran onto the victim’s property and tackled the victim. As a result of this assault, the victim suffered multiple fractured ribs and subsequently contracted and required medical attention for pneumonia. Boucher admitted the assault but denied it was politically motivated.
The United States Attorney’s Office for the Southern District of Indiana was assigned the case following the recusal of the United States Attorney’s Office for the Western District of Kentucky where the offense is alleged to have been committed.
Boucher has signed a plea agreement but no date has been set for the taking of his guilty plea and the imposition of sentence.
This case was investigated by the Louisville office of the Federal Bureau of Investigation.
"Just as we are committed to protecting the American people, the FBI will not tolerate violence directed against members of Congress," said Special Agent in Charge Amy S. Hess of the FBI's Louisville field office. "Those who choose to assault any federal official are certain to face serious consequences."
No future court dates have been set.
An information is only a charge and not evidence of guilt. All defendants are presumed innocent until proven otherwise in federal court.
According to Assistant United States Attorney Bradley P. Shepard of the United States Attorney’s Office for the Southern District of Indiana who is prosecuting this case as a Special Attorney to the United States Attorney General, Boucher faces up to 10 years’ imprisonment and a fine of up to $250,000.
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Hendricks County man indicted on tax evasion chargesRead the Press Release
Alleged to owe over $1 million in taxes
PRESS RELEASE
Indianapolis-Josh J. Minkler, the United States Attorney for the Southern District of Indiana, announced today the indictment on federal tax evasion charges against a Brownsburg man. Scott C. Cole, 53, was indicted on two counts of tax evasion.
“We all have an obligation to pay our share of taxes to keep our government operating,” said Minkler. “Those who choose to steal from the government and expect others to carry the tax burden will be held accountable.”
The indictment alleges that on April 11, 2008, the IRS mailed a notice to Cole and his wife stating they omitted approximately 1.2 million of income and approximately $1.3 million in self-employment income from their 2001 tax return. The IRS assessed an income tax deficiency of $556,187 and a fraud penalty of $417,140. Further, the tax court ruled that Cole’s 2002 tax return was deficient by nearly $54,000, assessing a penalty of $40,458 in addition to the $14,261 that was due. Cole disputed his tax liability but the Federal Tax Court and the U.S. Court of Appeals affirmed the IRS assessment.
The indictment further alleges that Cole attempted to evade and defeat tax payments by opening bank accounts with artificial company names and directed payment for services he rendered to the same artificial companies. He paid personal expenses through third-party business accounts, dealt extensively in cash and filed false 1040 tax returns understating taxable income.
This case was investigated by the Internal Revenue Service Criminal Investigation.
Gabriel Grchan, Special Agent in Charge of IRS Criminal Investigation stated, "I am pleased to join the United States Attorney in announcing tax evasion charges against Mr. Cole. IRS-Criminal Investigation is the first line of defense against those that choose to evade their federal tax obligations. With the 2018 tax filing season upon us, these charges should send a strong warning that those who illegally hide their income will be held accountable."
Cole had his initial appearance before a magistrate judge yesterday. He was released on GPS monitoring and must follow a strict curfew. His trial date is set for March 19, 2018.
An indictment is only a charge and not evidence of guilt. All defendants are presumed innocent until proven otherwise in federal court.
According to Assistant United States Attorney James M. Warden who is prosecuting this case for the government, Cole faces up to five years’ imprisonment and a fine of up to $250,000 for each count if convicted as well as full restitution to the government.
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 the law enforcement agencies to prosecute individuals engaged in income tax evasion. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 5.4.
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United States Attorney’s Office pledges additional resources to the fight against violent crimeRead the Press Release
Project Safe Neighborhoods initiative focuses federal resources on the most violent areas of Marion County with an emphasis on gun crime
PRESS RELEASE
Indianapolis -United States Attorney Josh J. Minkler and Attorney General Jeff Sessions today announced a renewed federal commitment to helping reduce violent crime in this country’s most violence-ridden neighborhoods. The Southern District of Indiana will receive one additional Assistant United States Attorney (AUSA) to focus exclusively on violent crime, one of 40 new federal prosecutors in 27 selected locations around the country.
The Project Safe Neighborhoods (PSN) initiative will focus the new AUSA’s attention, on prosecuting violent offenders as well as assigning an AUSA to each of IMPD’s six districts to monitor and prosecute the worst violent offenders in our neighborhoods. Further, PSN will focus on coordinating federal, state and local resources under the leadership of Minkler, featuring prevention, targeted law enforcement and accountability.
“It is no secret that Indianapolis is struggling with violent crime. Our homicide rate is unacceptable and together, we can do something about it,” said Minkler. “Criminals who choose to use guns and other means of violence to disrupt our city should think again because gun crime comes with big federal prison time.”
“I have asked Congress for additional PSN funding next year because I believe nothing will be more effective at reducing violent crime,” said Sessions. “Under this program, I am both empowering and holding United States Attorneys around the country accountable for results.”
"Our Indianapolis gun violence will only be impacted with the collective help of our community and law enforcement partners,” said IMPD Chief Bryan Roach. “We continue to be blessed with a cooperative mindset and willingness to improve the city of Indianapolis from our United States Attorney's Office. We look forward to the continued partnership and a new AUSA focus on our geographic districts and most violent offenders."
In addition to the Southern District of Indiana, other states receiving new attorneys include: Alabama, Arkansas, California, Connecticut, Washington DC, Illinois, Louisiana, Maryland, Michigan, Missouri, Nevada, New Mexico, New York, Ohio, Pennsylvania, Tennessee, Texas and Wisconsin.
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 the District’s law enforcement agencies to detect and prosecute matters involving violent crime in our neighborhoods. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 2.9.
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Indianapolis businessman sentenced to four years in federal prisonRead the Press Release
PRESS RELEASE
Indianapolis-United States Attorney Josh J. Minkler announced today the sentencing of an Indianapolis man for his role in an elaborate scheme to defraud local business. James D. Victery, 58, Indianapolis, was sentenced to 48 months’ imprisonment by U.S. District Judge Michael Reagan after being found guilty in a jury trial in September of this year. At trial, Victery was found guilty of two counts of wire fraud and two counts of money laundering.
“Mr. Victery’s greed cost local businesses and the government nearly $600,000 in losses,” said Minkler. “Let’s call white collar crime, what it really is; stealing, and those who do will be held accountable for their actions.”
Victery represented himself as a person who was in the business of providing a variety of services to contractors who were considering bidding on government jobs. Those services included acting as an escrow agent, providing bonds, and loans, through a company called TEAM (Tripartite Escrow Agreement Management). The victim-business was a factoring agent that agreed to pay contractors’ invoices before the government was ready to pay, giving the contractors’ prompt access to money to fund their construction projects. Victery purported to his victim-business that he would serve as an escrow agent, holding in trust the money exchanged between the victim-business and the contractors. Victery provided written agreements and emails memorializing the arrangement.
Victery submitted invoices to the victim-business for work that was never performed by the contractors. The evidence at trial revealed Victery had misrepresented himself to the contractors as a provider of bonds, and to the victim-business as an escrow agent. The victim-business paid almost $600,000 to Victery on the fraudulent invoices, and Victery squandered the money on personal business interests and debt in a few months’ time.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service Criminal Investigation.
“This sentence highlights the partnership of the FBI and IRS and our mission to dedicate investigative resources to rooting out such corrupt business practices and hold people accountable for their financial fraud,” said W. Jay Abbott, Special Agent in Charge of the FBI’s Indianapolis Division. “These criminals are motivated by greed and a desire to see how much they can get away with without care or concern for the consequences and it won’t be tolerated.”
Gabriel Grchan, Special Agent in Charge of IRS Criminal Investigation stated, “IRS-CI does not tolerate corrupt business practices that put taxpayers’ dollars at risk. This investigation compliments the many other IRS-CI successes of 2017, announced last week in the IRS-CI Annual Report. We are committed to identifying and stopping financial frauds.”
According to Cindy Cho and Winfield Ong who prosecuted this case for the government, Victery must make restitution of $404,000 and serve three years supervised released release after 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 utilize and partner with the District’s law enforcement agencies to detect and prosecute matters involving complex fraud schemes. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 5.1.
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Credit card scammers sentenced in federal courtRead the Press Release
Used skimming machines in gas pumps to steal credit card numbers and identities
PRESS RELEASE
EVANSVILLE- United States Attorney Josh J. Minkler announced today the sentencing of two Louisville area residents for their role in an elaborate scheme to steal innocent victims’ identity and make and use fraudulent credit cards. Roberto Moner, 30, Louisville, was sentenced to 48 months imprisonment by U.S. District Judge Richard L. Young, after pleading guilty to conspiracy to possess counterfeit or unauthorized access devices, possession of counterfeited or unauthorized access devices, conspiracy to produce, use, and traffic in one or more counterfeit access devices, possession of device-making equipment, and aggravated identity theft. In November 2017, Moner’s co-defendant, Adianez Herrera, 45, Louisville, was sentenced to 48 months imprisonment by Judge Young for the same charges.
“Identity theft is one of the faster growing crimes in the United States,” said Minkler. “We will not let advances in technology fall into the hands of criminals to take advantage of law-abiding citizens. Those who prey on citizens and steal their identity will be held accountable.”
In December 2015, the Jasper Indiana Police Department received information that a victim had her credit card information compromised. Law enforcement later learned that Moner installed card-skimming machines at gas stations in the Jasper Indiana vicinity. Using the skimming devices, he was able to obtain information from the credit card and download the information onto other stolen or counterfeit cards to make illegal purchases.
Moner and Herrera used the counterfeit and stolen cards to make purchases worth thousands of dollars in the Jasper area for items such as gift cards, cartons of cigarettes, and other personal items. The investigation revealed that hundreds of individuals had their credit card information stolen.
This case was investigated by the United States Secret Service, FBI and Jasper Indiana Police Department
“The success in this case demonstrates the investigative capabilities of the United States Secret Service and the collaborative efforts of our law enforcement partners” said Paul Dvorak, Special Agent in Charge of the U.S. Secret Service Indianapolis Field Office. “Our developed partnerships with other federal, state and local law enforcement agencies as well as private sector stakeholders, enables us to focus our resources to uncover, investigate and prevent these crimes more effectively.”
“The crime of identity theft and the scams associated with it have become more sophisticated and pervasive. These individuals thought they could target a small community and there wouldn’t be the resources to catch them,” said W. Jay Abbott, Special Agent in Charge of the FBI’s Indianapolis Division. “The FBI, along with our federal and local partners, is dedicated to stopping these perpetrators and educating the public on ways they can ensure they don’t fall victim to these schemes.”
According to Assistant United States Attorney Kyle Sawa who prosecuted this case for the government, Moner and Herrera must each serve three years of supervised release after their sentences and make restitution to the known victims in 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 utilize and partner with the District’s law enforcement agencies to detect fraud and identity theft schemes. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 4.5.
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AUSA Doris Pryor selected as United States Magistrate JudgeRead the Press Release
PRESS RELEASE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
Laura A. Briggs, Clerk
46 East Ohio Street
Indianapolis, IN 46204INDIANAPOLIS, Indiana (November 17, 2017): The Honorable Jane E. Magnus-Stinson, Chief Judge of the United States District Court for the Southern District of Indiana, is pleased to announce the selection of attorney Doris L. Pryor as United States Magistrate Judge. Ms. Pryor’s appointment will be made upon completion of a Federal Bureau of Investigation background check, a process that can take several months. Once appointed, she will fill the vacancy created by the untimely death of Magistrate Judge Denise K. LaRue, who passed away on August 2, 2017.
Ms. Pryor is presently employed as the National Security Chief for the United States Attorney’s Office for the Southern District of Indiana and has served in that role since September 2014. From August 2006 until her appointment as National Security Chief, she served as an Assistant United States Attorney for the Southern District of Indiana. From August 2005 through August 2006, Ms. Pryor served as a Deputy Public Defender in the State of Arkansas Public Defender’s Commission. She also has served two terms as a law clerk, for Judge J. Leon Holmes in the U.S. District Court for the Eastern District of Arkansas (August 2004-August 2005), and for Chief Judge Lavenski Smith of the U.S. Court of Appeals for the Eighth Circuit (August 2003-August 2004).
Chief Judge Stinson said, “The court eagerly anticipates welcoming Ms. Pryor to the bench. She has demonstrated ability to handle complex cases in her varying assignments as an Assistant United States Attorney. She has also demonstrated her commitment to the principle of equal justice under law during her laudable career with the U.S. Attorney’s Office and, before that, as a deputy public defender. My fellow judges and I know that Ms. Pryor will serve the litigants who appear before her in court with the same fairness and equanimity for which she is already renowned.”
The duties of Magistrate Judges in the Southern District of Indiana are demanding and wide-ranging. Ms. Pryor will conduct various pretrial matters and evidentiary proceedings in civil cases on delegation from a district judge, and preside over trial and disposition of civil cases upon consent of the litigants. After a period of recusal, she will also conduct preliminary proceedings in criminal cases, and preside over trial and disposition of misdemeanor cases. Ms. Pryor will primarily serve in the Indianapolis Division of the Southern District and travel to the other divisional offices of the Court to hold proceedings and conduct settlement conferences.
Ms. Pryor was born in Hope, Arkansas, and graduated with a Bachelor of Science degree in 1999 from the University of Central Arkansas, where she majored in political science. She obtained her law degree from the Indiana University Maurer School of Law in 2003 and was admitted to the bar the same year. Ms. Pryor has since been admitted to practice in numerous state and federal courts, including Indiana. Ms. Pryor is active in Indiana’s legal community. She is currently serving as the program chair for the Indianapolis branch of the Federal Bar Association and has previously served as the secretary and newsletter chair of that organization. Ms. Pryor is active in a number of other bar associations and chaired the Indianapolis Bar Association Diversity Job Fair’s Student Workshop in 2016 and 2017. Ms. Pryor was also instrumental in the development and growth of the Southern District of Indiana’s Re-entry And Community Help (REACH) federal re-entry courts, which give formerly incarcerated individuals access to resources, law enforcement officials, community leaders, and other experts to help the returning citizens transition successfully back into the community.
Ms. Pryor also serves her community as a board member of Goodwill Education Initiatives, Inc., and as the Young Adult Ministry Co-Director for the Pilgrim Missionary Baptist Church. She is also passionate about the Just the Beginning Foundation, which is committed to developing and nurturing interest in the law among young persons from various socioeconomic, ethnic, and cultural backgrounds underrepresented in the legal profession.
Ms. Pryor lives in Carmel with her husband and son.
Magistrate Judges are appointed by the Judges of the United States District Courts for terms of eight years, and are eligible for reappointment to successive terms.
Vigo County School Corporation official found guilty in federal courtRead the Press Release
Stole more than $110,000 from Vigo County taxpayers
PRESS RELEASE
Indianapolis – United States Attorney Josh Minkler announced today that a former Vigo County School Corporation official, Franklin V. Fennell, 49, Terre Haute, was found guilty in federal court on fraud, bribery and false statement charges following a three-day jury trial before U.S. District Judge Jane Magnus-Stinson.
“Public officials are supposed to serve the public, not the other way around,” said Minkler. “When greed becomes more important than serving the public, there are consequences and my office will hold offenders accountable.”
Fennell was the facilities director at the Vigo County School Corporation (VCSC). His duties included the maintenance and service at all VCSC locations and facilities, including schools. Fennell routinely submitted requisitions to the VCSC business office which in turn created purchase orders that were sent to vendors authorizing work. The vendor would then be paid after the work was completed.
From April 2014 through October 2016, Fennell and co-defendant, Frank Shahadey instructed a Terre Haute area businessman to submit false and fraudulent invoices for work performed for the VCSC by either inflating the cost of the work or seeking payment for work that was either not performed, or was done by another business. Once paid by the VCSC based on the false and fraudulent invoices, the businessman kicked back a portion of the ill-gotten gains to Fennell and Shahadey and retained a portion for his personal benefit.
As a result of this fraud scheme, Fennell and Shahadey received kickbacks of more than $110,000. When confronted by special agents of the Federal Bureau of Investigation regarding this fraudulent scheme, Fennell made various false statements in a futile effort to exculpate himself.
This case was investigated by the Federal Bureau of Investigation.
"This conviction affirms that the FBI has zero tolerance for public corruption and considers it a top criminal priority," said W. Jay Abbott, Special Agent in Charge of the FBI's Indianapolis Division. "We are dedicated to eradicating public corruption at all levels of government and our agents will continue to work diligently to pursue those public officials whose greed erodes the confidence and trust of taxpayers."
Fennell’s co-defendant, Frank Shahadey, was sentenced to 16 months’ imprisonment in October 2017, after pleading guilty to wire fraud and theft charges based on his involvement in this scheme.
According to Assistant United States Attorneys Tiffany Preston and Nicholas Linder who prosecuted this case for the government, Fennell could face up to 20 years’ imprisonment.
No sentencing date has been set.
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 sentencing demonstrates the office’s firm commitment to detect and prosecute matters involving public corruption, (See United States Attorney’s Office, Southern District of Indiana Strategic Plan, Section 5.3)
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Louisville-area drug trafficking organization dismantledRead the Press Release
Alleged to have sold large quantities of methamphetamine in Indiana and Kentucky
New Albany – Josh J. Minkler, United States Attorney for the Southern District of Indiana and Russell M. Coleman, United States Attorney for the Western District of Kentucky, announced today the dismantling of a large drug trafficking organization (DTO) selling methamphetamine in Indiana and Kentucky.
“Drug trafficking brings gun violence that many of our Midwestern communities are experiencing,” said Minkler. “Those who choose to sell drugs in our neighborhoods will experience the full brunt of federal law enforcement and realize the Ohio River will not stifle or cooperative effort between law enforcement agencies.”
“The Department of Justice and our law enforcement partners stood shoulder to shoulder last week to promise intelligence-driven targeting of these violent drug trafficking organizations harming this great city,” said U.S. Attorney Russell Coleman. “Today’s arrests are yet another deposit on this promise; stay tuned.”
Those charged in the Southern District of Indiana with conspiracy to distribute methamphetamine include: Clifton Jones, 31, Gregory Churchill, 33, and Stanley Duke, Jr., 41 all from Louisville; Billy Dale Sears, 44, Harry Edelen, 44, Roger Carroll, Jr., 47, from New Albany, Indiana; and Chad Albertson, 40, from Salem, Indiana. Duke faces an additional charge of possession of a firearm by a convicted felon.
The indictment alleges that Billy Dale Sears was the leader and supervisor of the DTO which conspired to distribute large quantities of methamphetamine. Sears would obtain the methamphetamine from Clifton Jones and Gregory Churchill who both lived in Louisville. Sears would then distribute the methamphetamine to mid-level dealers in New Albany, Jeffersonville, Salem and Louisville for redistribution throughout Southwestern Indiana and Northern Kentucky.
Throughout the conspiracy, it is alleged that the DTO sold methamphetamine on a “front’ basis, where defendants provided large quantities of methamphetamine on consignment to distributors. Payment was received after the sale by other distributors. The defendants also used telephones, using code language and text messages to discuss matters relative the trafficking operation.
In a separate indictment, returned by a grand jury in Louisville on December 5, 2017, and unsealed today, eleven defendants, all from Louisville, were charged in a single count with conspiring with each other to possess with the intent to distribute 50 grams or more of methamphetamine, a Schedule II controlled substance.
Defendant Clifton Jones additionally faces charges in the Western District of Kentucky, along with co-defendants Dontay L. Rice, Eric R. Estey, 35, Dandre L. Taylor, 35, Odell P. Smith, Jr., 34, William C. Freeman, 32, James E. Hall, 33, Chad J. Heiser, 37, Clarence W. Rice, Jr., Alex M. Bowles, 25, and Joseph R. Willis, 21.
All but defendant Heiser were arrested Thursday, and are in federal custody. Defendants charged in the WDKY are scheduled for an initial appearance before Magistrate Judge Dave Whalin, in Louisville, at 2:00pm. Defendants charged in the Southern District of Indiana were scheduled to appear Friday morning before Magistrate Judge Van T. Willis.
This case was investigated by the Federal Bureau of Investigation in Indiana and Kentucky, IRS Criminal Investigation, ATF, United States Marshal Service, Jeffersonville Police Department, New Albany Police Department, Clarksville Police Department, Clark County Sheriff’s Department, Harrison County Sheriff’s Department, Indiana State Police and the Louisville Metro Police Department.
“Working collaboratively with our federal, state, and local partners we are able to target, disrupt and dismantle criminal enterprises such as this that use violence in the commission of their illegal activities so they can no longer terrorize our communities,” said W. Jay Abbott, Special Agent in Charge of the FBI’s Indianapolis Division.
“The FBI and its partners remain dedicated to disrupting and dismantling the most violent offenders and organizations through intelligence-driven investigations,” said Amy S. Hess, Special Agent in Charge FBI Louisville. “Our goal remains the same: stop the violence, get drugs and weapons off the streets, and deliver justice for the people who live in the communities we serve.”
According to Assistant United States Attorney Lauren M. Wheatley who is prosecuting this case for the Southern District of Indiana and Assistant United States Attorney J. Scott Davis, from the Western District of Kentucky, all defendants face ten years to life if convicted.
An indictment is merely a charge and not evidence of guilt. All defendants are considered innocent until proven guilty in federal court.
Former Indiana man sentenced on securities fraud chargesRead the Press Release
Larry Westby swindled friends and acquaintances out of nearly $1 million
PRESS RELEASE
Indianapolis - United States Attorney Josh J. Minkler announced today the sentencing of a former Indiana man who stole nearly one million dollars from unsuspecting investors. Larry M. Westby, 65, currently residing in Vanderbilt, Michigan, was sentenced to 90 months (7.5 years) imprisonment by Chief U.S. District Judge Jane Magnus-Stinson after pleading guilty to wire fraud, securities fraud and fraud in the offer or sale of securities.
“Perpetrators of fraud crimes not only jeopardize their victims’ financial security, but they also rob their victims of the trust they once had in their own judgment and in others,” said Minkler. “When a person or business intentionally deceives Indiana investors with promises of financial benefits that do not exist, were never intended to be provided, or were misrepresented, they will be prosecuted by this office to the fullest extent of the law.”
Westby was a licensed respiratory therapist and president of LMW, Inc., a company purported to be selling respiratory therapy protocols to doctors. The protocols allowed doctors to perform treatments inside their own offices, rather than in a hospital.
In January 2010, Westby began using the LMW website to communicate with current and potential LMW investors indicating he was exploring selling his company for a substantial profit. In these communications, Westby made false statements about the nature of LMW, its financial condition, and the risk and status of investments in LMW. For example, Westby told potential investors that LMW was about to be sold for $36.5 million to a company called Global Spot in an effort to convince investors to buy LMW common stock. Unbeknownst to investors, Global Spot was a non-existent, sham entity. Westby also concealed from his investors that he had not registered LMW with the Indiana Secretary of State as a company properly registered to engage in the issuing of stock certificates. Further Westby did not tell investors that he had failed to properly register LMW common stock certificates with the Secretary of State.
Through these false communications, Westby took in more than $985,000 from his investors, then used the funds to purchase two vehicles, repay a personal loan, pay personal credit card bills, and buy a vintage basketball court for his home.
This case was jointly investigated by the Federal Bureau of Investigation, Internal Revenue Service-Criminal Investigation and the Indiana Secretary of State.
IRS Criminal Investigation Special Agent in Charge, Gabriel Grchan, stated, “Mr. Westby told convincing stories to cover his tracks; however, at the end of the day his lies didn’t add up and IRS special agents solved the problem. Together with our federal partners we work vigorously to shut down corrupt, illegal behaviors that threaten honest and lawful investment practices.”
"This sentence sends a clear message that illegal business practices will not be tolerated," said W. Jay Abbott, Special Agent in Charge of the FBI's Indianapolis Division. "The FBI and our law enforcement partners will continue to aggressively pursue individuals who steal money from the pockets of hardworking Hoosiers."
"Mr. Westby was not registered to sell securities with my office," said Secretary of State Connie Lawson. "This is often the number one warning sign that the investment may be a scam. I encourage all investors to do their homework and research investment professionals before making a deal. Hoosiers can ensure their investment professional is registered by looking on our website or by calling our office."
According to Assistant United States Attorney Tiffany J. Preston who is prosecuted this case for the government, Westby must make restitution of over $985,000 and serve three years of supervised release following his sentence.
Terre Haute Federal Correctional Officer faces multiple bribery and permitting escape chargesRead the Press Release
Alleged to have taken bribes to allow prisoners to escape the prison grounds,
have sex on prison property, and introduce contraband into prison
PRESS RELEASE
Terre Haute – United States Attorney Josh Minkler today announced federal criminal charges against a Bureau of Prisons (BOP) correctional officer involved in an elaborate scheme to allow inmates to leave the grounds, have sexual relations on the grounds, and bring contraband into the prison in exchange for cash and other items. Leon Perry III, age 41, Linton, was arrested today and faces charges that include, conspiracy for an officer to permit escape, conspiracy to bribe public officials, officer permitting escape, public official accepting a bribe and providing contraband in a prison.
“Mr. Perry put the safety and welfare of the inmates, correctional officers, the institution and the entire Terre Haute community in jeopardy by allowing this to occur,” said Minkler. “He allowed greed and power to betray the confidence we place in prison officials.”
The Federal Correctional Institution (FCI) is a medium-security prison for men operated by the Bureau of Prisons. Adjacent to the FCI is a minimum-security satellite camp, with no perimeter fencing commonly referred to as the Camp. Inmates at the Camp are generally permitted to roam the grounds but are forbidden from leaving without prior approval.
During the time referenced in the indictment, Perry worked as the Reservation Patrol Officer at the Federal Prison Camp, whose responsibilities included patrolling the prison grounds to prevent and stop any escape attempts. This included challenging unauthorized vehicles or persons who are on the grounds and maintaining overall security of the facility. Perry has served as a correctional officer at the BOP for approximately 10 years.
It is alleged that Perry agreed to be at a different part of the facility grounds when inmates left the facility and went with women to hotels in the nearby Terre Haute, Indiana area. In exchange for the agreement, Perry accepted cash bribes. It is further alleged that Perry accepted bribes, including cash and prescription medication, to allow prisoners to have sex with unauthorized visitors on prison grounds. It is also alleged that Perry accepted bribes in exchange for allowing contraband into the Camp; including cellular telephones, controlled substances, and alcohol.
"Corruption by law enforcement officers in any facet of their work won't be tolerated," said W. Jay Abbott, Special Agent in Charge of the FBI's Indianapolis Division. "The illegal actions by the few corrupt officers undermine the public's confidence in the majority of law enforcement officers who are trustworthy public servants."
“Greed and corruption have no place in our criminal justice system,” stated Special Agent in Charge John F. Oleskowicz of the DOJ Office of the Inspector General’s Chicago Field Office. “We want to thank our law enforcement partners for their assistance in ensuring that correctional officers who abuse their position are vigorously investigated and prosecuted.”
This case was investigate by the Federal Bureau of Investigation, U.S. Department of Justice Office of the Inspector General and the BOP Special Investigative Services.
According to Assistant United States Attorney Kyle M. Sawa who is prosecuting this case for the government, Perry faces up to 15 years imprisonment if convicted on all counts.
An indictment is merely a charge and not evidence of guilt. All defendants are considered innocent until proven guilty in federal court.
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