Eastern District of Louisiana
Press releases recorded for this federal judicial district.
New Orleans Man Sentenced for Interstate Transportation of Stolen VanRead the Press Release
U.S. Attorney Kenneth A. Polite announced that FRANK MIKE, JR., age 46, of New Orleans, was sentenced today after previously pleading guilty to an Indictment charging him with interstate transportation of a stolen 2010 Dodge Caravan van from Louisiana to Georgia.
U.S. District Judge Sarah S. Vance sentenced MIKE, who had been detained in jail on the charge for 20 months, to imprisonment for time served and to a three-year term of supervised release. The Court ordered MIKE to pay restitution in the amount of $13,667.25 and a $100.00 special assessment. MIKE will remain in custody due to a state parole revocation and a hold for a pending state court trial.
According to court records, on February 19, 2014, family members reported to the St. John the Baptist Parish Sheriff’s Department that Kenneth and Lakeitha Joseph of Reserve, were missing. A relative also indicated that she loaned her 2010 Dodge Grand Caravan to the Josephs but that the van had not been returned. On February 27, 2014, the missing 2010 Dodge Grand Caravan was recovered by the Fulton County Police Department in College Park, Georgia, at an apartment complex. Investigators discovered that van had been parked at the Travelodge Hotel located in College Park. On February 21, 2014, video surveillance at the Travelodge showed MIKE driving the van into the hotel parking lot.
In March 2014, the bodies of Kenneth and Lakeitha Joseph were found in the Intercoastal Waterway in New Orleans East. The New Orleans Parish Coroner determined that their deaths resulted from drowning. Later forensic testing revealed that blood samples taken from the stolen van matched the DNA of both victims.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation, the Drug Enforcement Administration, the New Orleans Police Department, the St. John the Baptist Parish Sheriff’s Office, the Fulton County Police Department, the Orleans Parish District Attorney’s Office, and the St. John the Baptist Parish District Attorney’s Office in investigating this matter. Assistant United States Attorney Michael B. Redmann was in charge of the prosecution.
New Orleans Doctors and Registered Nurse Sentenced for Roles in $50 Million Fraud SchemeRead the Press Release
WASHINGTON – Two doctors and a registered nurse were sentenced to prison today for their roles at the center of a $50 million health care fraud scheme in New Orleans.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana, Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office, Special Agent in Charge CJ Porter of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Dallas Regional Office and the Louisiana Attorney General’s Medicaid Fraud Control Unit made the announcement.
Dr. Barbara Smith, 67, of Metairie, Louisiana; Dr. Roy Berkowitz, 69, of Slidell, Louisiana; and Beverley Breaux, 67, of New Orleans, a registered nurse, were sentenced by U.S. District Judge Sarah S. Vance of the Eastern District of Louisiana to 80 months, 64 months and 50 months in prison, respectively. Judge Vance also ordered Smith, Berkowitz and Breaux to pay $9,484,939, $4,952,816 and $2,057,179 in restitution, respectively.
Evidence introduced at trial showed that the defendants and others carried out a home health care fraud scheme in and around New Orleans through multiple companies over the course of more than 10 years. Smith and Berkowitz falsely certified that thousands of Medicare recipients were homebound and required nursing or therapy services to be provided in their homes. Breaux falsely certified that these patients were homebound and falsely claimed to have treated patients that she had not seen. From 2007 through 2014, the companies in this scheme submitted more than $56 million in claims to Medicare, the vast majority of which were fraudulent. Medicare paid approximately $50.7 million on these claims.
This case was investigated by the FBI, HHS-OIG and the Louisiana Attorney General’s Medicaid Fraud Control Unit and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Eastern District of Louisiana. Trial Attorneys William Kanellis and Antonio Pozos of the Fraud Section prosecuted this case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,300 defendants who have collectively billed the Medicare program for more than $7 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.justice.gov/criminal-fraud/health-care-fraud-unit.
New Orleans Doctors and Registered Nurse Sentenced for Roles in $50 Million Fraud SchemeRead the Press Release
Two doctors and a registered nurse were sentenced to prison today for their roles at the center of a $50 million health care fraud scheme in New Orleans.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana, Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office, Special Agent in Charge CJ Porter of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Dallas Regional Office and the Louisiana Attorney General’s Medicaid Fraud Control Unit made the announcement.
Dr. Barbara Smith, 67, of Metairie, Louisiana; Dr. Roy Berkowitz, 69, of Slidell, Louisiana; and Beverley Breaux, 67, of New Orleans, a registered nurse, were sentenced by U.S. District Judge Sarah S. Vance of the Eastern District of Louisiana to 80 months, 64 months and 50 months in prison, respectively. Judge Vance also ordered Smith, Berkowitz and Breaux to pay $9,484,939, $4,952,816 and $2,057,179 in restitution, respectively.
Evidence introduced at trial showed that the defendants and others carried out a home health care fraud scheme in and around New Orleans through multiple companies over the course of more than 10 years. Smith and Berkowitz falsely certified that thousands of Medicare recipients were homebound and required nursing or therapy services to be provided in their homes. Breaux falsely certified that these patients were homebound and falsely claimed to have treated patients that she had not seen. From 2007 through 2014, the companies in this scheme submitted more than $56 million in claims to Medicare, the vast majority of which were fraudulent. Medicare paid approximately $50.7 million on these claims.
This case was investigated by the FBI, HHS-OIG and the Louisiana Attorney General’s Medicaid Fraud Control Unit and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Eastern District of Louisiana. Trial Attorneys William Kanellis and Antonio Pozos of the Fraud Section prosecuted this case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,300 defendants who have collectively billed the Medicare program for more than $7 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
Kenner Man Sentenced to Life Imprisonment for Murder-For-Hire ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that NEMESSIS BATES, a/k/a “Nemo,” age 37, of Kenner, was sentenced today for his role in the conspiracy and murder-for-hire plot related to the death of Christopher “Tiger” Smith.
After a four-day jury trial beginning on June 4, 2015, a jury found BATES guilty solicitation to commit a crime of violence, use of interstate commerce facilities in the commission of murder-for-hire, causing death through the use of a firearm, and conspiracy to possess firearms.
U.S. District Judge Sarah S. Vance sentenced BATES to life imprisonment. Additionally, BATES was sentenced to 240 months for solicitation to commit a crime of violence and conspiracy to possess firearms in furtherance of a crime of violence. All sentences are to be served concurrently. Judge Vance also imposed $10,644.10 in restitution.
Co-defendant Aaron Smith previously pled guilty in this matter and is awaiting sentencing. Co-defendant Walter Porter is expected to go to trial in 2016.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation and detectives of the Jefferson Parish Sheriff’s Office in investigating this matter. Assistant United States Attorneys Elizabeth Privitera and Gregory Kennedy are in charge of the prosecution.
Gretna Man Sentenced for Transferring False Social Security CardsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that FROILAN IGNACIO MIRANDA-RAMOS, age 30, of Gretna, was sentenced today after pleading guilty to four counts of transferring false Social Security Cards in violation of Title 18, United States Code, Section 1028(a)(2).
U.S. District Judge Sara S. Vance sentenced MIRANDA-RAMOS to time served. MIRANDA-RAMOS will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
According to court documents, MIRANDA-RAMOS sold counterfeit Social Security Cards on four separate occasions to confidential informants working with the Department of Homeland Security.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis was in charge of the prosecution.
Member of Young Melph Mafia (YMM) Neighborhood Gang Sentenced to 40 Years for Drug and Firearms ViolationsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JACOBI BOYD, age 24, of New Orleans, was sentenced today for his participation in a drug conspiracy and a conspiracy to possess and use firearms in connection with the drug trafficking activities of a local gang known as the “Young Melph Mafia” or “YMM.”
U.S. District Judge Kurt D. Engelhardt sentenced BOYD to 480 months (40 years) of imprisonment, to be followed by five years of supervised release. BOYD was sentenced to 480 months as to count 1 (the drug conspiracy) and 240 months to count 2 (a conspiracy to possesses firearms in furtherance of drug trafficking crimes), with the amounts to run concurrently.
BOYD was originally charged in a five-count Superseding Indictment with nine other YMM members, who frequented the area of the former Melpomene Housing Project. According to the factual basis filed in open court, BOYD and other YMM members participated in a wide ranging conspiracy to distribute street level quantities of crack cocaine in Central City and participated in several acts of violence against rival gangs, such as the 110ers. The members of the YMM were associates of the members of the Allen family, who were also indicted and convicted in federal court last year. Three members of the 110ers gang were convicted on January 29, 2015, in Orleans Parish Criminal Court for the Briana Allen shooting. He is the sixth member of the YMM to be sentenced thus far. The remaining defendants have been charged in a superseding indictment with additionally conspiring to commit RICO violations, including several murders and other acts of violence.
“This is just another example of how serious the federal government is in helping turn the tide of violence that is occurring in New Orleans,” stated U.S. Attorney Polite. “These local gangs have caused serious harm to the neighborhoods of this City, and the federal government will continue to work with local authorities to bring these individuals to justice.” “Removing BOYD and other Young Melph Mafia gang members from the community has been a top priority for ATF,” said ATF Special Agent in Charge Constance Hester. “The success of this investigation is a direct result of the collaborative efforts between the New Orleans Police Department, the United States Attorney’s Office, and ATF.”
U.S. Attorney Polite praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) in leading this investigation along with members of the NOPD led Multi-Agency Gang Unit (MAG UNIT). Assistant United States Attorneys Edward J. Rivera and Maurice E. Landrieu, Jr. were in charge of the prosecution.
Houston Man Sentenced for Conspiracy to Distribute CocaineRead the Press Release
U.S. Attorney Kenneth A. Polite announced that BAKEER RASHED, JR., age 33, of Houston was sentenced today after having pled guilty to one count of conspiring to distribute 500 grams or more of cocaine hydrochloride.
U.S. District Judge Ivan L.R. Lemelle sentenced RASHED to served 66 months incarceration, to be followed by 4 years of supervised release, and was ordered to pay a $100 special assessment.
According to the factual basis filed in open court, RASHED conspired to distribute more than 500 grams of cocaine hydrochloride from July 25, 2006, through February 19, 2007, with co-conspirators living in Louisiana. RASHED, who lived in Houston, was the point of contact for facilitating numerous drug deals.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation and the assistance of the St. Tammany Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney Edward J. Rivera was in charge of the prosecution.
Bollinger Shipyards Agrees to Settle False Claims Act SuitRead the Press Release
WASHINGTON – Bollinger Shipyards will pay the United States $8.5 million and release contract claims to settle a False Claims Act action filed against it in the Eastern District of Louisiana, the Department of Justice announced today. The False Claims Act suit alleges that Bollinger misrepresented the longitudinal strength of patrol boats it delivered to the Coast Guard that resulted in the boats buckling and failing once they were put into service. Bollinger Shipyards is located in Lockport, Louisiana.
“Those who expect to do business with the government must do so fairly and honestly,” said Principal Deputy Assistant Attorney General Benjamin Mizer, head of the Justice Department’s Civil Division. “We expect the utmost integrity and reliability from the contractors that design and build equipment that is essential to public safety and our national defense.”
In 2002, the U.S. Coast Guard contracted to lengthen the Coast Guard’s existing fleet of 110-foot patrol boats to 123 feet and to make other modifications. Bollinger was the subcontractor that performed the 123-foot patrol boat design and conversion work. An essential element of the conversion was that the modified boats have sufficient longitudinal strength to meet the performance requirements set forth in the contract. The United States alleged Bollinger provided the Coast Guard with engineering calculations that falsely represented the longitudinal strength of the boats and was two times greater than their actual longitudinal strength. The United States alleged Bollinger ran the calculations three times and only provided the Coast Guard with the highest and most inaccurate, of the three calculations. The United States further alleged Bollinger also failed to follow the quality control procedures that were mandated by the contract that would have ensured against such engineering miscalculations.
The case was handled jointly by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office of the Eastern District of Louisiana.
The case is captioned United States v. Bollinger Shipyards, et al. Case No. 2:12cv-00920 (E.D. La.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
River Ridge Man Pleads Guilty to Fraud in Security System ContractsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that WAYNE WILLIAMS, age 37, of River Ridge, pled guilty today a two-count Bill of Information charging him with wire fraud.
According to court records, WILLIAMS was responsible for selling security systems and services, and also for negotiating and signing customer contracts on behalf of ADT Security and Protection One. WILLIAMS was compensated by his employers through commissions received on contracts he negotiated.
WILLIAMS forged a customer’s signature on a $466,046.18 ADT Security equipment and installation services contract. Without ADT Security’s knowledge, the defendant secretly executed a separate contract with the customer in which only $109,148.93 was charged. The defendant received approximately $73,576.72 in commissions from ADT Security as a result of the fraudulent contract.
With regard to Protection One, WILLIAMS forged a purported customer’s signature on an $80,240.48 Protection One equipment and installation services contract. The defendant received approximately $2,353.99 in commissions from Protection One as a result of this fraudulent contract.
With respect to each count, WILLIAMS faces a maximum term of imprisonment of twenty years incarceration, three years of supervised release after any term of imprisonment, and a $250,000 fine. U.S. District Judge Jay C. Zainey set sentenced on March 8, 2016.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney G. Dall Kammer is in charge of the prosecution.
California Woman and Company Charged with Clean Air Act ViolationRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CHEERY WAY, INC., and ELAINE CHIU, age 60, a resident of San Francisco, California, were charged today in a one-count Bill of Information with a felony violation of the Clean Air Act.
According to the Bill of Information, on or about April 2, 2011, in the Eastern District of Louisiana, CHEERY WAY, INC., and CHIU did knowingly fail to notify and report to the Louisiana Department of Environmental Quality the demolition of the Mississippi Queen Riverboat, a facility, which contained regulated asbestos containing material, to wit: wall and ceiling tiles, at least ten days prior to the start of the demolition as required by the Clean Air Act, in violation of Title 42, United States Code, Section 7413(c)(2)(B) and Title 40, Code of Federal Regulations, Section 61.145(b).
If convicted, CHEERY WAY, INC., faces a maximum term of probation of five years and a fine of $500,000. If convicted, CHIU, faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U.S. Attorney Polite reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Environmental Protection Agency-Criminal Investigation Division and the Louisiana Department of Environmental Quality-Criminal Investigation Division in investigating this matter. Assistant United States Attorney Emily K. Greenfield is in charge of the prosecution.
Romanian National Sentenced for Bank FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that MARINICA MIREL COTOI, age 37, of Romania, was sentenced today after previously pleading guilty to one count of bank fraud.
U.S. District Judge Nannette Jolivette Brown sentenced COTOI to 8 months of incarceration, followed by two years of supervised release. Additionally, COTOI was ordered to pay restitution to the victim banks and is subject to deportation following completion of his incarceration.
According to court documents, in January 2015, the U.S. Secret Service and the Louisiana Financial Crimes Task Force began investigating the unauthorized collection of debit card numbers through the installation of “skimming devices” on various ATM machines and the subsequent illegal use of fake debit cards. In March of this year, COTOI and another man rented a hotel room in Covington. Shortly thereafter, COTOI was captured on surveillance video using fake debit cards to withdraw funds from three local bank accounts. COTOI later admitted that he illegally entered the United States.
U.S. Attorney Polite praised the work of the U.S. Secret Service and the Louisiana Financial Crimes Task Force with the assistance of the St. Tammany Parish Sheriff’s Office in investigating this matter. Assistant United States Attorneys Edward Rivera and Carter Guice were in charge of the prosecution.
Ride or Die Gang Members Sentenced on Firearm and Drug ViolationsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that PERRY WILSON, a/k/a “Yummy,” age 24, and TYRONE BURTON, a/k/a “Man Man,” age 21, both of New Orleans, were sentenced today after having previously pled guilty to federal firearm and drug violations.
U.S. District Judge Susie Morgan sentenced WILSON and BURTON to 108 months of imprisonment and 60 months of imprisonment, respectively. Additionally, both defendants will serve four years of supervised release following imprisonment.
WILSON and BURTON were two of twelve defendants charged with conspiring to distribute cocaine base in the St. Roch neighborhood. In addition, all twelve defendants were charged with conspiring to possess firearms in furtherance of their drug trafficking crimes. Three defendants were also charged with conspiring to violate the Racketeer Influenced Corrupt Organization Act, as well as substantive acts of violence.
To date, nine defendants charged in this case have pled guilty to various charges. Co-defendant ANDREALIE LEWIS was previously sentenced to 48 months of incarceration; ERVIN SPOONER was previously sentenced to 108 months of incarceration; TRE CLEMENTS was previously sentenced to 96 months; ROMALIS PARKER was previously sentenced to 70 months; TYONE BURTON was previously sentenced to 121 months of incarceration; and NYSON JONES was previously sentenced to 87 months of incarceration. MORRIS SUMMERS, age 25, will be sentenced on December 16, 2015. Three defendants were convicted following trial and pending sentencing as well: DELOYD JONES, a/k/a “Puggy,” age 23; BYRON JONES, a/k/a/ “Big Baby,” age 25; and SIDNEY PATTERSON, a/k/a “Duda Man,” age 24.
According to court documents and evidence presented at trial, the defendants were members and associates of the “Ride or Die” gang, which they also referred to as “R.O.D.” The Ride or Die gang was initially formed in or about 2007 and continued to exist through in or about 2013. During the course of the federal investigation into the gang, agents learned that the defendants used a house, located at 1632 Mandeville Street, among other locations, as a base of operations to package, sell, and store narcotics, as well as store firearms.
U.S. Attorney Polite praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives as part of the metro area’s Multi-Agency Gang Unit (MAG) in investigating this matter. As an integral component of NOLA FOR LIFE’s Group Violence Reduction Strategy, the
MAG Unit consists of a partnership with New Orleans Police Department (NOPD); Orleans Parish District Attorney’s Office (DA); Orleans Parish Sheriff’s Office (OPSO); Louisiana State Police (LSP); Parole Board of the Louisiana Department of Corrections; United States Attorney’s Office (USAO); Federal Bureau of Investigation (FBI); Drug Enforcement Administration (DEA); United States Marshal’s Service (USMS); and the United States Probation & Parole Office for the Eastern District of Louisiana. Assistant United States Attorneys Nolan D. Paige, Marquest Meeks and Special Assistant United States Attorney Brian Ebarb were in charge of the prosecution.
Mexican National Charged with Illegal Possession of a FirearmRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ERIC de JESUS MENDOZA-MARTINEZ, age 19, from Honduras, was charged today in a one-count Indictment with being an illegal alien in possession of a firearm.
According to the Indictment, MENDOZA-MARTINEZ, an alien illegally and unlawfully present in the United States, was encountered by Department of Homeland Security/Homeland Security Investigations agents and found to be in possession of a .380 semi-automatic pistol.
If convicted, MENDOZA-MARTINEZ faces a maximum term of imprisonment of ten years, a fine of $250,000 and three years of supervised release following any term of imprisonment.
U. S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the U.S. Department of Homeland Security/Homeland Security Investigations in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Honduran National Charged with Illegal Reentry into the United StatesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that NAPTALI ESCOBAR-ARTURO, age 37, from Honduras, was charged today in a one-count Indictment with illegal reentry into the United States after having been previously deported.
According to the Indictment, ESCOBAR-ARTURO was found by Border Patrol agents in the Eastern District of Louisiana after records showed he had been previously deported from the United States to Honduras on October 13, 2009, September 30, 2010, and June 9, 2014.
If convicted, ESCOBAR-ARTURO faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U. S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of Border Patrol agents in investigating this matter. Assistant U.S. Attorney Gregory M. Kennedy is in charge of the prosecution.
Four St. Bernard Parish, Louisiana, Correctional Officers Charged with Violating the Civil Rights of an Inmate Resulting in her DeathRead the Press Release
WASHINGTON – A grand jury today indicted four correctional officers from the St. Bernard Parish Prison in Chalmette, Louisiana, for violating the civil rights of inmate Nimali Henry by deliberately ignoring serious medical needs that led to her death. The indictment was announced by Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana and Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Division.
The indictment charges that Captain Andre Dominick, Corporal Timothy Williams, Deputy Debra Becnel and Deputy Lisa Vaccarella each knew that Henry had serious medical conditions and willfully failed to provide her with necessary medical attention. As a result of the lack of medical attention, Henry died at the St. Bernard Parish Prison on April 1, 2014. The indictment also charges each of the defendants with making a false statement to the FBI.
The civil rights charge carries a maximum penalty of life in prison and each false statement charge carries a maximum penalty of five years in prison.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendants are presumed innocent unless and until proven guilty.
This case was investigated by the FBI’s New Orleans Division with Special Agent Matthew Russell as the case agent. The case is being prosecuted jointly by Trial Attorney Christine M. Siscaretti of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Chandra Menon of the Eastern District of Louisiana.
Four St. Bernard Parish, Louisiana, Correctional Officers Charged with Violating the Civil Rights of an Inmate Resulting in Her DeathRead the Press Release
A grand jury today indicted four correctional officers from the St. Bernard Parish Prison in Chalmette, Louisiana, for violating the civil rights of inmate Nimali Henry by deliberately ignoring serious medical needs that led to her death. The indictment was announced by Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana and Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Division.
The indictment charges that Captain Andre Dominick, Corporal Timothy Williams, Deputy Debra Becnel and Deputy Lisa Vaccarella each knew that Henry had serious medical conditions and willfully failed to provide her with necessary medical attention. As a result of the lack of medical attention, Henry died at the St. Bernard Parish Prison on April 1, 2014. The indictment also charges each of the defendants with making a false statement to the FBI.
The civil rights charge carries a maximum penalty of life in prison and each false statement charge carries a maximum penalty of five years in prison.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendants are presumed innocent unless and until proven guilty.
This case was investigated by the FBI’s New Orleans Division with Special Agent Matthew Russell as the case agent. The case is being prosecuted jointly by Trial Attorney Christine M. Siscaretti of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Chandra Menon of the Eastern District of Louisiana.
Dominick et al Indictment
Pennsylvanian Man Pleads Guilty to Conspiracy to Smuggle Turtles out of the United States and to Using a Fictitious Name and AddressRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOHN TOKOSH, age 54, of Pennsylvania, pled guilty today to an indictment charging him with conspiring to smuggle turtles out of the United States, violating the Lacey Act, and using a fictitious name and address in a mailing.
According to court records, from late 2011 to the fall of 2014, TOKOSH and five other named individuals conspired to smuggle turtles from the United States and to have used false labels on packages of turtles being shipped in foreign and interstate commerce. TOKOSH is also alleged to have violated the Lacey Act, which prohibits trafficking in illegally taken wildlife, and to have used a fictitious name and address in mailings that were sent in furtherance of the scheme.
TOKOSH admitted that he was part of a group of individuals involved in capturing North American Wood turtles, which are a threatened species, from the wild in Pennsylvania, shipping the turtles by mail though the United States, and then illegally exporting the turtles to Hong Kong. TOKOSH’s role in the conspiracy was to capture the North American Wood turtles from their native habitat in Pennsylvania, where it is illegal to hunt them, and then to ship them to a middleman in Covington. TOKOSH also admitted to using the alias “Jay Rockington” in an effort to disguise that he was the source of the turtles.
TOKOSH faces a maximum term of imprisonment of five years, a fine of $250,000, and up to 3 years of supervised release following any term of imprisonment. U.S. District Judge Ivan L.R. Lemelle set sentencing for February 24, 2016.
U.S. Attorney Polite praised the work of the U.S. Fish and Wildlife Service, Homeland Security Investigations, and the United States Postal Inspection Service in investigating this matter. Assistant United States Attorney David Haller is in charge of the prosecution.
Pennsylvanian Man Pleads Guilty to Conspiracy to Smuggle Turtles out of the United States and to Using a Fictitious Name and AddressRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOHN TOKOSH, age 54, of Pennsylvania, pled guilty today to an indictment charging him with conspiring to smuggle turtles out of the United States, violating the Lacey Act, and using a fictitious name and address in a mailing.
According to court records, from late 2011 to the fall of 2014, TOKOSH and five other named individuals conspired to smuggle turtles from the United States and to have used false labels on packages of turtles being shipped in foreign and interstate commerce. TOKOSH is also alleged to have violated the Lacey Act, which prohibits trafficking in illegally taken wildlife, and to have used a fictitious name and address in mailings that were sent in furtherance of the scheme.
TOKOSH admitted that he was part of a group of individuals involved in capturing North American Wood turtles, which are a threatened species, from the wild in Pennsylvania, shipping the turtles by mail though the United States, and then illegally exporting the turtles to Hong Kong. TOKOSH’s role in the conspiracy was to capture the North American Wood turtles from their native habitat in Pennsylvania, where it is illegal to hunt them, and then to ship them to a middleman in Covington. TOKOSH also admitted to using the alias “Jay Rockington” in an effort to disguise that he was the source of the turtles.
TOKOSH faces a maximum term of imprisonment of five years, a fine of $250,000, and up to 3 years of supervised release following any term of imprisonment. U.S. District Judge Ivan L.R. Lemelle set sentencing for February 24, 2016.
U.S. Attorney Polite praised the work of the U.S. Fish and Wildlife Service, Homeland Security Investigations, and the United States Postal Inspection Service in investigating this matter. Assistant United States Attorney David Haller is in charge of the prosecution.
Mandeville Postal Worker Pleads Guilty to Theft of MailRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ANGELA MITCHELL, age 40, of Mandeville, pled guilty to Theft of Mail.
According to court records, as a result of a complaint from the Postmaster of the Mandeville Post Office, the Office of Inspector General for the United States Postal Service (“Postal OIG”) initiated an investigation into MITCHELL, an employee of the Postal Service assigned to the Mandeville Post Office. It was determined that MITCHELL had stolen a credit card from a post office box and used the stolen card on three occasions without authorization, resulting in approximately $460 in fraudulent charges.
MITCHELL faces a maximum penalty of five years of imprisonment, followed by up to three years of supervised release, and a $250,000 fine. U.S. District Judge Susie Morgan set sentencing for March 23, 2016.
U.S. Attorney Polite praised the work of the U.S. Postal Inspection Service, Office of Inspector General. Fraud Unit Chief, Assistant U.S. Attorney Brian M. Klebba is in charge of the prosecution.
Firearms Dealer Pleads Guilty to Illegal Possession of a Firearm and Lying to Federal AgentsRead the Press Release
U.S. Attorney Kenneth Polite announced today that WAYLON GIVENS, age 41, of Amite, pled guilty to a two-count Bill of Information charging him with illegal possession of a machine gun and making a false statement to agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”).
According to court documents, in July 2014, ATF conducted an investigation into RH Custom, an internet company based in Sweden. RH Custom sold selling “Glock Switches,” “Lightning Links,” suppressor builder’s kits (silencers), and other firearms components to customers in the United States. Some of these parts are designed to convert semi-automatic firearms to fully automatic firearms, in violation of the National Firearms Act. ATF learned of GIVENS’s purchases by reviewing invoices obtained in relation to the investigation of RH Custom. As a result of the investigation, ATF learned that between June 2012 through August 2012, GIVENS, a Federal Firearms Licensee, doing business as Givens Firearms, ordered and received seven Lightning Links and four Glock Switches.
On July 11, 2014, ATF interviewed GIVENS and informed him of the nature of the investigation and that agents were aware of his purchases from RH Custom. Agents advised GIVENS that the purpose of ATF’s investigation was to retrieve the parts that he received from RH Custom. GIVENS told ATF that he sold multiple “Glock full-auto conversion kits” and “Lightening Links” to an unknown individual, but that he did not know the location of the parts. After further investigation, it was determined that GIVENS had sold the illegal parts to known individuals whom he knew were in possession of the parts at the time of the ATF interview.
As part of GIVENS’s plea, he agreed to surrender his federal firearms license. GIVENS faces a possible maximum sentence of ten years imprisonment, and/or a fine of $250,000 and up to three years of supervised release. U.S. District Judge Susie Morgan set sentencing for March 9, 2016.
U.S. Attorney Polite praised the work of the ATF New Orleans Division Office in investigating this matter. Assistant United States Attorney Nolan D. Paige is in charge of the prosecution.
Oil Company Charged with Multiple Felonies Related to Violations of Offshore Oil Production Safety and Environmental RegulationsRead the Press Release
The United States Attorney’s Office for the Eastern District of Louisiana announced that ENERGY RESOURCE TECHNOLOGY GOM, LLC (ERT), was charged with two felony counts of violating the Outer Continental Shelf Lands Act and two felony counts of violating the Clean Water Act related to conduct on its offshore oil production facilities in the Gulf of Mexico.
According to the Bill of Information, on or about November 26, 2012, ERT knowingly and willfully failed to comply with the regulations for hot work on its offshore production platform known as Ship Shoal 225. Specifically, it is alleged that ERT violated Title 30, Code of Federal Regulation, Section 250.113(c)(4), which mandates that welding and associated activities, also known as hot work, on offshore facilities may not take place within 10 feet of a well bay unless production in that area is shut-in.
On or about November 27, 2012, on Ship Shoal 225, ERT is further alleged to have knowingly and willfully failed to comply with the regulations for blowout preventer testing. A blowout preventer system is designed to ensure well control and prevent potential release of oil and gas and possible loss of well control.
ERT is also alleged to have violated the Clean Water Act by tampering with the method of collecting the monthly overboard produced water discharge samples to be tested for oil and grease content pursuant to its NPDES permit. As required by its NPDES Permit, ERT is prohibited from introducing into the Gulf of Mexico produced water in which the oil and grease content exceed a monthly average of 29 mg/l. Produced water is that which is brought up from the hydrocarbon-bearing strata during the extraction of oil and gas, and can include formation water, injection water, oil and any chemicals added downhole or during the oil/water separation process. ERT collects and submits monthly samples of its produced water to a laboratory for testing to determine whether the quantity of oil and grease contained in the produced water exceeds a monthly average of 29 mg/l, as required by its NPDES Permit.
The Bill of Information filed today alleges that beginning at a time unknown, but continuing to on or about March 2014, ERT tampered with the monitoring methods for the collection of the overboard water samples on nine of its offshore facilities in violation of Title 33, United States Code, Section 1319(c)(4). Most recently, on or about June 9, 2015, ERT is alleged to have knowingly discharged and caused a discharge of a pollutant from a point source into the Gulf of Mexico without a permit in violation of Title 33, United States Code, Section 1319(c)(2)(A).
If convicted, ERT faces a maximum term of probation of 5 years per count and/or a maximum fine of $500,000 per count or twice the gross gain or twice the gross loss to any person pursuant to statute.
The case was investigated by the Department of Interior-Office of Inspector General (Energy Investigations Unit) with assistance from the Investigations and Review Unit, Bureau of Safety and Environmental Enforcement and the Environmental Protection Agency-Criminal Investigation Division. The case was prosecuted by Assistant United States Attorney Emily K. Greenfield of the United States Attorney’s Office’s National Security Unit.
Two Plead Guilty to Robbing Metro Drug Dealers, Murder and Weapons OffensesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOE LEE MILLER, age 30, and QUINCY LEE JYNES, age 28, both of New Orleans, pled guilty yesterday in separate Bills of Information before U.S. District Judge Carl J. Barbier. MILLER pled guilty to a seven-count Second Superseding Bill of Information. JYNES pled guilty to a seven-count Fourth Superseding Bill of Information to various robberies, weapons offenses, obstruction of justice, as well as murder. Both face potential life sentences.
According to court documents, MILLER and JYNES participated in home invasion robberies of drug dealers, murder and attempted murder in an effort to make money and/or obtain illegal drugs for later retail sale. They also conspired to use, possess and discharge firearms to further their drug trafficking activity, retaliate against rival gang members, and rob and kill other drug dealers for drugs and drug proceeds.
SECOND SUPERSEDING BILL OF INFORMATION AGAINST JOE LEE MILLER
COUNT
CHARGE
MAXIMUM
PENALTIES
1
18 U.S.C. 924(o); Conspiracy to Use Firearms in Furtherance of Drug Trafficking Crimes and Crimes of Violence
20 Years, $250,000 Fine, 3 Years Supervised Release.
2
18 U.S.C. 1951(b)(3); Conspiracy to Commit Hobbs Act Robbery
20 Years, $250,000 Fine, 3 Years Supervised Release.
3
18 U.S.C. 924(j)(1) and 2; Murder of Oscar Johnson Through Use of a Firearm
Life Imprisonment, $250,000 Fine, 5 Years Supervised Release.
4
18 U.S.C. 924(c)(1)(A)(iii) and 2; Discharge of a Firearm in Furtherance of a Drug Trafficking Crime
10 Years to Life, $250,000 Fine, 5 Years Supervised Release. (Sentence must run consecutive to any other sentence imposed.)
5
18 U.S.C. 1951 and 2; Hobbs Act Robbery
20 Years, $250,000 Fine, 3 Years Supervised Release.
6
18 U.S.C. 1512(c)(2); Obstruction of Justice
20 Years, $250,000 Fine, 3 Years Supervised Release.
7
18 U.S.C. 1951 and 2; Hobbs Act Robbery
20 Years, $250,000 Fine, 3 Years Supervised Release.
Note: Sentences for Counts 2, 3, 5, 6 and 7 could run consecutive to each other and any other sentence he may be serving.
FOURTH SUPERSEDING BILL OF INFORMATION AGAINST QUINCY LEE JYNES
COUNT
CHARGE
MAXIMUM
PENALTIES
1
18 U.S.C. 924(o); Conspiracy to Use Firearms in Furtherance of Drug Trafficking Crimes and Crimes of Violence
20 Years, $250,000 Fine, 3 Years Supervised Release.
2
18 U.S.C. 1951(b)(3); Conspiracy to Commit Hobbs Act Robbery
20 Years, $250,000 Fine, 3 Years Supervised Release.
3
18 U.S.C. 924(j)(1) and 2; Murder of Oscar Johnson Through Use of a Firearm
Life Imprisonment, $250,000 Fine, 5 Years Supervised Release.
4
18 U.S.C. 1951 and 2; Hobbs Act Robbery
20 Years, $250,000 Fine, 3 Years Supervised Release.
5
18 U.S.C. 1512(c)(2); Obstruction of Justice
20 Years, $250,000 Fine, 3 Years Supervised Release.
6
18 U.S.C. 1951 and 2; Hobbs Act Robbery
20 Years, $250,000 Fine, 3 Years Supervised Release.
7
18 U.S.C. 924(c)(1)(A)(iii) and 2; Discharge of a Firearm in Furtherance of a Drug Trafficking Crime
10 Years to Life, $250,000 Fine, 5 Years Supervised Release. (Sentence must run consecutive to any other sentence imposed.)
Note: Sentences for Counts 2, 3, 4, 5 and 6 could run consecutive to each other and any other sentence he may be serving. Sentencing is scheduled for February 18, 2016.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration and the New Orleans Police Department led Multi-Agency Gang Unit in investigating this matter
Assistant United States Attorneys Michael M. Simpson and Michael E. McMahon are in charge of the prosecution.
Three Companies and Three Individuals Charged in Fatal 2012 Gulf of Mexico Oil Drilling Platform ExplosionRead the Press Release
WASHINGTON – Black Elk Energy Offshore Operations LLC, Grand Isle Shipyards Inc., Wood Group PSN Inc., as well as Don Moss, 46, of Groves, Texas, Curtis Dantin, 50, of Cut-Off, Louisiana, and Christopher Srubar, 40, of Destrehan, Louisiana, have been charged with crimes for a November 2012 explosion on an oil production platform that resulted in the death of three workers, the injury of others and an oil spill, announced the Department of Justice’s Environment and Natural Resources Division and the U.S. Attorney’s Office for the Eastern District of Louisiana.
According to the indictment, the defendants were involved in different capacities while construction work was being done of the West Delta 32 platform when it exploded. Black Elk Energy Offshore Operations LLC and Grand Isle Shipyards Inc. are charged with three counts of involuntary manslaughter, eight counts of failing to follow proper safety practices under the Outer Continental Shelf Lands Act (OCSLA) and one count of violating the Clean Water Act. Wood Group PSN Inc., Moss, Dantin and Srubar are charged with felony violations of OCSLA and the Clean Water Act.
“Workers lives can depend on their employer’s faithfulness to the law, not least of all those working in oil and gas production where safety must be a paramount concern,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and natural Resources Division. “The Justice Department is committed to enforcing the nation’s bedrock environmental laws that protect the environment, and the health and safety of all Americans.”
“The energy sector represents a vital industry in this region, but its work must be performed responsibly,” stated U.S. Attorney Kenneth Polite for the Eastern District of Louisiana. “Today’s indictment underscores that we will hold accountable all parties – both businesses and individuals – whose criminality jeopardizes our environment or risks the loss of life.”
“Developing domestic sources of energy must be done responsibly and safely,” said Assistant Special Agent in Charge Dan Pflaster of EPA’s Criminal Enforcement Program in Louisiana. “EPA will continue to work with its law enforcement partners to hold companies fully accountable for illegal conduct and to assure compliance with laws that protect the public and the delicate Gulf Coast ecosystem from harm.”
The Outer Continental Shelf Lands Act and federal regulations govern welding and activities that generate heat or sparks, known as “hot work,” on oil production platforms in U.S. waters. Because this work can be hazardous and cause explosions, regulations mandate specific precautions that must be taken before the work can commence. For instance, before hot work can be performed, pipes and tanks that had contained hydrocarbons must be isolated from the work or purged of hydrocarbons. Gas detectors and devices used to prevent gas from travelling through pipes must be used. According to the Indictment, these safety precautions were not followed and an explosion causing the deaths of three men and a spill resulted
An indictment is only an allegation of wrongdoing and the defendants are presumed innocent unless proven guilty at trial.
The case was investigated by the U.S. Department of Interior Office of Inspector General and EPA’s Criminal Investigations Division. The case is being prosecuted by Emily Greenfield of the U.S. Attorney’s Office for the Eastern District of Louisiana and by Kenneth E. Nelson of the Environmental Crimes Section of the Department of Justice.
Ride or Die Gang Members Sentenced on Firearm and Drug ViolationsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TYONE BURTON, a/k/a “Peanut,” age 22, and NYSON JONES, a/k/a “Nycie,” age 31, both of New Orleans, were sentenced yesterday after having previously pled guilty to federal firearm and drug violations.
U.S. District Judge Susie Morgan sentenced BURTON and JONES to 121 months and 87 months, respectively. Additionally, both defendants will serve four years of supervised release following imprisonment.
BURTON and JONES were two of twelve defendants charged with conspiring to distribute cocaine base in the St. Roch neighborhood. In addition, all twelve defendants were charged with conspiring to possess firearms in furtherance of their drug trafficking crimes. Three defendants were also charged with conspiring to violate the Racketeer Influenced Corrupt Organization Act, as well as substantive acts of violence.
To date, eight defendants charged in this case have pled guilty to various charges. Co-defendant ANDREALIE LEWIS was previously sentenced to 48 months incarceration; ERVIN SPOONER was previously sentenced to 108 months of incarceration; TRE CLEMENTS was previously sentenced to 96 months; and ROMALIS PARKER was previously sentenced to 70 months. The following co-defendants are currently pending several sentencing hearings over the next three months: MORRIS SUMMERS, age 25, TYRONE BURTON, a/k/a “Man Man,” age 21; and PERRY WILSON, a/k/a “Yummy,” age 24. Three defendants were convicted following trial and are waiting sentencing as well: DELOYD JONES, a/k/a “Puggy,” age 23; BYRON JONES, a/k/a/ “Big Baby,” age 25; and SIDNEY PATTERSON, a/k/a “Duda Man,” age 24.
According to court documents and evidence presented at trial, the defendants were members and associates of the “Ride or Die” gang, which they also referred to as “R.O.D.” The Ride or Die gang was initially formed in or about 2007 and continued to exist through in or about 2013. During the course of the federal investigation into the gang, agents learned that the defendants used a house, located at 1632 Mandeville Street, among other locations, as a base of operations to package, sell, and store narcotics, as well as store firearms.
U.S. Attorney Polite praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives as part of the metro area’s Multi-Agency Gang Unit (MAG) in investigating this matter. As an integral component of NOLA FOR LIFE’s Group Violence Reduction Strategy, the MAG Unit consists of a partnership with New Orleans Police Department (NOPD); Orleans Parish District Attorney’s Office (DA); Orleans Parish Sheriff’s Office (OPSO); Louisiana State Police (LSP); Parole Board of the Louisiana Department of Corrections; United States Attorney’s Office (USAO); Federal Bureau of Investigation (FBI); Drug Enforcement Administration (DEA); United States Marshal’s Service (USMS); and the United States Probation & Parole Office for the Eastern District of Louisiana. Assistant United States Attorneys Nolan D. Paige, Marquest Meeks and Special Assistant United States Attorney Brian Ebarb were in charge of the prosecution.
Mexican National Indicted for Violations of the Federal Gun Control ActRead the Press Release
U.S. Attorney Kenneth A. Polite announced that OMAR RICO-ALMANZA, age 34, a citizen of Mexico, was charged in a one-count Indictment for violations of the Federal Gun Control Act.
According to the Indictment, on or about November 5, 2015, RICO-ALMANZA, an alien present illegally in the United States, was found in possession of a SCCY, Model CPX-2, 9mm semi-automatic pistol.
If convicted of these charges, RICO-ALMANZA faces a maximum term of imprisonment of ten years, a fine of $250,000, three years supervised release after imprisonment, and a $100 special assessment.
U.S. Attorney Polite praised the work of the Homeland Security Investigations of the U.S. Department of Homeland Security, in investigating this matter. Assistant United States Attorney Spiro G. Latsis is in charge of the prosecution.
Honduran National Sentenced for Illegal ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CARLOS ALBERTO RIVERA-MELENDEZ, age 39 a citizen of Honduras, was sentenced today after previously pleading guilty to a one-count Bill of Information for illegal reentry of removed alien.
U.S. District Judge Lance M. Africk sentenced RIVERA-MELENDEZ to time served, one year of supervised release, and a $100 special assessment. RIVERA-MELENDEZ will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
According to court documents, on or about August 10, 2015, RIVERA-MELENDEZ was found in the United States after having been officially deported and removed on or about January 16, 2009.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Immigration Enforcement in investigating this matter. Assistant United States Attorney Irene González was in charge of the prosecution.
El Salvadoran National Charged for False Claim to U.S. CitizenshipRead the Press Release
U.S. Attorney Kenneth A. Polite announced that MIGUEL MENDEZ-GUSMAN, age 36, a citizen of El Salvador, was charged today in a one-count Indictment for false claim to United States citizenship.
According to the Indictment, MENDEZ-GUSMAN falsely and willfully represented himself to be a citizen of the United States on or about July 28, 2015.
If convicted, MENDEZ-GUSMAN faces a maximum term of imprisonment of two years, a fine of up to $250,000, one year supervised release after imprisonment, and a $100 special assessment.
U. S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt
U.S. Attorney Polite praised the work of the United States Department of Homeland Security Investigations in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
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New Orleans Office Manager Sentenced for Role in $50 Million Fraud SchemeRead the Press Release
WASHINGTON – The office manager of a home health company at the center of a $50 million fraud scheme in New Orleans was sentenced to prison today for participating in the scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana, Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office, Special Agent in Charge CJ Porter of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Dallas Regional Office and the Louisiana Attorney General's Medicaid Fraud Control Unit made the announcement.
Joe Ann Murthil, 58, of New Orleans, was sentenced by Chief U.S. District Judge Sarah S. Vance of the Eastern District of Louisiana to serve 48 months in prison. In addition to the prison term, Murthil was ordered to pay $14,147,275 in restitution.
Murthil, Memorial Home Health Inc.’s (Memorial’s) office manager, assisted with the payment of illegal kickbacks to patient recruiters and submitted claims to Medicare falsely stating that patients were homebound and had received services. From 2007 through 2014, Memorial and the other companies in this scheme submitted more than $56 million in claims to Medicare, the vast majority of which were fraudulent. Medicare paid approximately $50.7 million on these claims.
This case was investigated by the FBI, HHS-OIG and the Louisiana Attorney General's Medicaid Fraud Control Unit and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Eastern District of Louisiana. This case was prosecuted by Trial Attorneys William Kanellis and Antonio Pozos of the Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,300 defendants who have collectively billed the Medicare program for more than $7 billion. In addition, HHS’ Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.justice.gov/criminal-fraud/health-care-fraud-unit.
New Orleans Office Manager Sentenced for Role in $50 Million Fraud SchemeRead the Press Release
The office manager of a home health company at the center of a $50 million fraud scheme in New Orleans was sentenced to prison today for participating in the scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana, Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office, Special Agent in Charge CJ Porter of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Dallas Regional Office and the Louisiana Attorney General's Medicaid Fraud Control Unit made the announcement.
Joe Ann Murthil, 58, of New Orleans, was sentenced by Chief U.S. District Judge Sarah S. Vance of the Eastern District of Louisiana to serve 48 months in prison. In addition to the prison term, Murthil was ordered to pay $14,147,275 in restitution.
Murthil, Memorial Home Health Inc.’s (Memorial’s) office manager, assisted with the payment of illegal kickbacks to patient recruiters and submitted claims to Medicare falsely stating that patients were homebound and had received services. From 2007 through 2014, Memorial and the other companies in this scheme submitted more than $56 million in claims to Medicare, the vast majority of which were fraudulent. Medicare paid approximately $50.7 million on these claims.
This case was investigated by the FBI, HHS-OIG and the Louisiana Attorney General's Medicaid Fraud Control Unit and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Eastern District of Louisiana. This case was prosecuted by Trial Attorneys William Kanellis and Antonio Pozos of the Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,300 defendants who have collectively billed the Medicare program for more than $7 billion. In addition, HHS’ Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
New Orleans Man Sentenced for Conspiracy Related to Falsifying Records for Gun PurchaseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ORONDE GABRIEL, age 31, of New Orleans, was sentenced today after previously pleading guilty to one count of conspiring to falsify ATF records related to the purchase of a firearm.
U.S. District Judge Sarah S. Vance sentenced GABRIEL to 50 months in prison, to be followed by three years of supervised release and a $100 special assessment.
According to court documents, GABRIEL conspired to assist two other individuals in the purchase of a firearm from Academy Sports in Elmwood on June 9, 2013. GABRIEL was a previously convicted felon and prohibited from buying a firearm. The individual who purchased the firearm falsified an ATF form regarding the true ownership of the firearm, which is a federal offense.
U.S. Attorney Polite praised the work of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) led the investigation along with assistance from the St. Bernard Sheriff’s Office. Assistant United States Attorney Edward J. Rivera was in charge of the prosecution.
Louisiana Business Owners Plead Guilty to Filing False Individual Income Tax ReturnsRead the Press Release
WASHINGTON – Two owners of a Metairie, Louisiana, business each pleaded guilty to one count of willfully filing false 2011 income tax returns today, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana.
Rommel Cordova, 35, of Luling, Louisiana, and Saul Ramirez, 43, of Kenner, Louisiana, pleaded guilty before U.S. District Court Judge Mary Ann Vial Lemmon. They were both charged on Nov. 4, in a single Bill of Information with willfully filing false 2011 individual income tax returns. According to court documents, Cordova and Ramirez owned and operated Skill Labor Provider Inc. a Metairie labor services business. Cordova and Ramirez each owned 50 percent of the business and shared equally in its net income.
As part of their guilty pleas, Cordova and Ramirez admitted that during calendar years 2010 and 2011, they cashed and caused to be cashed, checks made payable to Skill Labor Provider Inc. and other business checks at a check cashing business in Kenner. Cordova and Ramirez caused false corporate income tax returns for Skill Labor Provider Inc. for the years 2010, 2011 and 2012 to be prepared that did not accurately report the gross receipts, labor expenses deductions, or net income of the business. During this period, the corporate tax returns underreported the business’s gross receipts by more than $6 million. Cordova and Ramirez also separately filed their respective individual income tax returns for tax years 2010, 2011 and 2012, on which they failed to accurately report the amounts of business income they received from Skill Labor Provider Inc.
At sentencing, each defendant faces a statutory maximum sentence of three years in prison, one year of supervised release, a fine of $250,000, or twice the gross gain or loss caused by the offense, a $100 special assessment and restitution to the Internal Revenue Service (IRS).
Acting Assistant Attorney General Ciraolo and U. S. Attorney Polite commended special agents of the IRS—Criminal Investigations and Homeland Security Investigations, who investigated the case and Assistant U.S. Attorney Hayden Brockett and Tax Division Trial Attorney Michael P. Hatzimichalis, who are prosecuting the case.
Kenner Man Sentenced for Possessing Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that STEVEN GAETA, age 41, of Kenner, was sentenced today for crimes involving the possession of child pornography.
According to court records, on November 25, 2014, special agents with the U.S. Department of Homeland Security, Homeland Security Investigations (“HSI”) executed a federal search warrant at GAETA’s Kenner home. HSI agents determined Gaeta used Peer to Peer file sharing programs to possess approximately 120 videos and 500 images depicting the sexual victimization of children. GAETA pled guilty to the charge on August 19, 2015.
U.S. District Judge Kurt D. Engelhardt sentenced GAETA to 78 months incarceration, to be followed by five years of supervised release. GAETA is also required to register as a sex offender pursuant to the Sex Offender Registration Notification Act.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
U.S. Attorney Polite praised the work of the U.S. Department of Homeland Security, Homeland Security Investigations in investigating this matter. Project Safe Childhood Coordinator and Fraud Unit Chief, Assistant U.S. Attorney Brian M. Klebba was in charge of the prosecution.
Westbank Gang Members Plead GuiltyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that GLEN HOUSTON, age 22; SAVANNAH HOUSTON, age 25; JARRIN HARRIS, age 21; DENVER LONDON, age 22; JOESIA WILSON, age 27, and BRITTANY CONNER, age 22, all of the Harvey/Marrero area, pled guilty today to various charges, including conspiring to distribute more than 280 grams of crack cocaine, as well as conspiracy to possess firearms in furtherance of drug trafficking.
According to court documents, all defendants were members and/or associates of the “Harvey Hustlers” gang. The Harvey Hustlers gang has been under investigation by the Federal Bureau of Investigation (“FBI”) and the Jefferson Parish Sheriff’s Office (“JPSO”) since 2009. The Harvey Hustlers operated in the Eastern District of Louisiana, primarily on the Westbank of Jefferson Parish, including in the Harvey, Scottsdale, Avondale, and Waggaman areas. Other members of the Harvey Hustlers have previously been indicted and convicted in the United District Court for the Eastern District of Louisiana in United States v. Melvin Hudson, et al., 10-329, “F,” and United States v. Harry Smoot, et al., 14-168, “I.”
All defendants pled guilty to Count 1 of the Indictment which charges participating in a conspiracy to possess with intent to distribute 280 grams or more of cocaine base (“crack cocaine”), in violation of Title 21, United States Code, Sections 841(b)(1)(A) and 846. The maximum penalties for this offense are a minimum sentence of 10 years in prison and a maximum of life imprisonment and/or a maximum fine of $10,000,000. Additionally, defendants GLEN HOUSTON, SAVANNAH HOUSTON, JARRIN HARRIS, DENVER LONDON, and JOESIA WILSON pled guilty to Count 2 of the indictment, participating in a conspiracy to use and carry, and possess firearms in furtherance of the drug conspiracy, in violation of Title 18, United States Code, Section 924(o). The maximum penalties for this offense are 20 years in prison and/or a maximum fine of $250,000. All defendants are also subject to serve a term of supervised release upon completion of their sentences.
U.S. District Judge Jane Triche Milazzo set sentencing for all six defendants on February 18, 2015.
This case was prosecuted by Assistant United States Attorney Myles Ranier and is the product of an ongoing investigation into the violent acts in furtherance of the drug trafficking by the Harvey Hustler gang and its various offshoots on the West Bank of Jefferson Parish. It represents the continued coordinated effort of the federal and state law enforcement authorities within the Multi-Agency Gang Unit (“MAG”), including the United States Attorney’s Office, the Jefferson Parish District Attorney’s Office, Special Agents of the Federal Bureau of Investigation, and officers of the Jefferson Parish Sheriff’s Office.
Three Sentenced in Heroin and Money Laundering ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JERMAINE REYNOLDS, age 39, of Long Beach, Mississippi; DAVID HUMPHRIES, age 46, of Baltimore, Maryland; and MARLON BARNES, age 39, of New Orleans; were sentenced today for conspiring to distribute one kilogram or more of heroin. REYNOLDS had also pled guilty to one count of conspiring to launder money.
U.S. District Judge Carl J. Barbier sentenced REYNOLDS to a term of imprisonment of 120 months, with 12 months to run consecutive to another federal sentence that REYNOLDS is serving. HUMPRHIES was sentenced to 60 months imprisonment, and BARNES to 140 months imprisonment. Judge Barbier also sentenced each defendant to a 5-year term of supervised release following imprisonment and a special assessment of $100 per count of conviction.
According to court documents, a series of court-authorized wiretaps on the cell phones of New Orleans area heroin dealers led Drug Enforcement Administration agents to identify co-defendant Fredrick Douglas Brooks III as a Houston-based heroin trafficker who was distributing kilogram quantities of heroin in the New Orleans area. Brooks delivered heroin to the New Orleans market by using REYNOLDS and HUMPHRIES as his drug and bulk cash couriers. BARNES was one of the drug dealers who purchased wholesale quantities of heroin from Brooks’ network for distribution in New Orleans.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration in investigating this matter. Assistant United States Attorney Michael B. Redmann is in charge of the prosecution.
Three Sentenced in Heroin and Money Laundering ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JERMAINE REYNOLDS, age 39, of Long Beach, Mississippi; DAVID HUMPHRIES, age 46, of Baltimore, Maryland; and MARLON BARNES, age 39, of New Orleans; were sentenced today for conspiring to distribute one kilogram or more of heroin. REYNOLDS had also pled guilty to one count of conspiring to launder money.
U.S. District Judge Carl J. Barbier sentenced REYNOLDS to a term of imprisonment of 120 months, with 12 months to run consecutive to another federal sentence that REYNOLDS is serving. HUMPRHIES was sentenced to 60 months imprisonment, and BARNES to 140 months imprisonment. Judge Barbier also sentenced each defendant to a 5-year term of supervised release following imprisonment and a special assessment of $100 per count of conviction.
According to court documents, a series of court-authorized wiretaps on the cell phones of New Orleans area heroin dealers led Drug Enforcement Administration agents to identify co-defendant Fredrick Douglas Brooks III as a Houston-based heroin trafficker who was distributing kilogram quantities of heroin in the New Orleans area. Brooks delivered heroin to the New Orleans market by using REYNOLDS and HUMPHRIES as his drug and bulk cash couriers. BARNES was one of the drug dealers who purchased wholesale quantities of heroin from Brooks’ network for distribution in New Orleans.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration in investigating this matter. Assistant United States Attorney Michael B. Redmann is in charge of the prosecution.
Ride or Die Gang Members Sentenced on Firearm and Drug ViolationsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ERVIN SPOONER, a/k/a “Nerky,” age 27; TRE CLEMENTS, age 24; and ROMALIS PARKER, a/k/a “Ro Ro,” age 22, all residents of New Orleans, were sentenced today after having previously pled guilty to federal firearm and drug violations. U.S. District Judge Susie Morgan sentenced SPOONER to 108 months of incarceration, to be followed by 4 years of supervised release. CLEMENTS was 96 sentenced to months of incarceration, to be followed by 4 years of supervised release. PARKER was sentenced to 70 months of incarceration, to be followed by 4 years of supervised release.
SPOONER, CLEMENTS, and PARKER were three of twelve defendants charged with conspiring to distribute cocaine base in the St. Roch neighborhood. In addition, all twelve defendants were charged with conspiring to possess firearms in furtherance of their drug trafficking crimes. Three defendants were also charged with conspiring to violate the Racketeer Influenced Corrupt Organization Act, as well as substantive acts of violence.
To date, eight defendants charged in this case have pled guilty to various charges. Co-defendant ANDREALIE LEWIS was previously sentenced to 48 months incarceration. The following co-defendants are currently pending several sentencing hearings over the next three months: NYSON JONES, a/k/a “Nycie,” age 31, MORRIS SUMMERS, age 25, TYONE BURTON, a/k/a “Peanut,” age 22, TYRONE BURTON, a/k/a “Man Man,” age 21; and PERRY WILSON, a/k/a “Yummy,” age 24. The following defendants were convicted following trial and are pending sentencing as well: DELOYD JONES, a/k/a “Puggy,” age 23; BYRON JONES, a/k/a/ “Big Baby,” age 25; and SIDNEY PATTERSON, a/k/a “Duda Man,” age 24.
According to court documents and evidence presented at trial, the defendants were members and associates of the “Ride or Die” gang, which they also referred to as “R.O.D.” The Ride or Die gang was initially formed in or about 2007 and continued to exist through in or about 2013. During the course of the federal investigation into the gang, agents learned that the defendants used a house, located at 1632 Mandeville Street, among other locations, as a base of operations to package, sell, and store narcotics, as well as store firearms.
U.S. Attorney Polite praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives as part of the metro area’s Multi-Agency Gang Unit (MAG) in investigating this matter. As an integral component of NOLA FOR LIFE’s Group Violence Reduction Strategy, the MAG Unit consists of a partnership with New Orleans Police Department (NOPD); Orleans Parish District Attorney’s Office (DA); Orleans Parish Sheriff’s Office (OPSO); Louisiana State Police (LSP); Parole Board of the Louisiana Department of Corrections; United States Attorney’s Office (USAO); Federal Bureau of Investigation (FBI); Drug Enforcement Administration (DEA); United States Marshal’s Service (USMS); and the United States Probation & Parole Office for the Eastern District of Louisiana. Assistant United States Attorneys Nolan D. Paige, Marquest Meeks and Special Assistant United States Attorney Brian Ebarb are in charge of the prosecution.
Last Members of Harvery Hustlers Federal Indictment Plead Guilty to Drug Dealing and Murder ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOEQUELL LEWIS, age 28, ANDRE ADDISON, age 24, and TERRENCE KELLEY, age 29, all of the Waggaman/Avondale areas, pled guilty this week to conspiring to distribute heroin and/or crack cocaine. KELLEY also pleaded guilty to murdering a man to further his group’s drug trafficking activities and admitted to his role in two other shootings where the victims lived. The three men were the last defendants in a twelve-defendant federal indictment charging drug and gun conspiracies, multiple shootings, and four murders against an off-shoot of the Harvey Hustlers gang.
LEWIS and KELLEY pled guilty to count one of the Superseding Indictment, which charges twelve defendants with trafficking more than a kilogram of heroin and 280 grams or more of crack cocaine. The charge carries a mandatory minimum sentence of at least ten years up to life in prison. KELLEY also pled guilty to Count 12, charging him and three others with causing the death of a man through the use of firearms, which is punishable to any term of years up to life in prison. ADDISON pled guilty to a one-count superseding Bill of Information charging him with conspiring to distribute 28 grams or more of crack cocaine. U.S. District Judge Lance M. Africk set sentencing for all three defendants on February 18, 2016.
According to court documents, LEWIS, ADDISON, and KELLEY were part of a drug trafficking organization that moved significant quantities of heroin and cocaine base on the West Bank. Beginning in 2012, the group engage in a series of violent acts, beginning with a drive by shooting into a another vehicle where the driver and his front seat passenger were shot with an AK-47 while two young children, who were not hit, were in the back seat. The group is alleged to have participated in four additional shootings, two of which ended in death. KELLEY pleaded guilty to the murder of Emeal Washington and admitted to his participation in two other shootings. Other defendants had previously pled guilty and admitted their roles in the murder of Doreatha Richardson. In addition to the shootings and drug conspiracy, members of the group are charged with a weapon conspiracy, in addition to several substantive distribution counts.
HARRY SMOOT, ISAAC SMITH, RICHARD THOMAS, TERRELL WADE, LANCE SINGLETON, FRANKIE HOOKFIN, CLIFFORD SONNIER, and CHRISTOPHER BROWN have previously pled guilty and are awaiting sentencing. KELLEY, LEWIS, and ADDISON were scheduled for trial on November 16, 2015, and were the last defendants to pled guilty. Their pleas resolve the pending federal indictment, but several additional members of the Harvey Hustlers are still being prosecuted in Jefferson Parish.
The Superseding Indictment is a product of an ongoing investigation into the violent acts in furtherance of the drug trafficking by the Harvey Hustler gang and its various offshoots on the West Bank. It represents the continued coordinated effort of the federal and state law enforcement authorities within the Multi-Agency Gang Unit (“MAG”), including the United States Attorney’s Office, the Jefferson Parish District Attorney’s Office, Special Agents of the Federal Bureau of Investigation, and officers of the Jefferson Parish Sheriff’s Office.
Assistant United States Attorneys Greg Kennedy, David Haller, and Myles Ranier and Special Assistant United States Attorney Collin Sims, who is a former Assistant United States Attorney and the Criminal Chief at the St. Tammany Parish District Attorney’s Office, are in charge of the prosecution.
Houma Postal Worker Indicted for Theft of MailRead the Press Release
U.S. Attorney Polite announced that ELVIRA DUTHU DUPLANTIS, age 50, of Houma, was indicted today for Theft of Mail.
According to the Indictment, as a result of a complaint from the Postmaster of the Houma Post Office regarding missing mail, the United States Postal Service, Office of Inspector General initiated an investigation into DUPLANTIS, who was a letter carrier assigned to the Houma Post Office. The investigation determined that DUPLANTIS stole approximately 113 gift cards, which included Visa debit cards and gift cards for major retail stores and restaurants, with a total value of over $3,200.
If convicted, DUPLANTIS faces a maximum penalty of five years imprisonment, followed by up to three years of supervised release, and a $250,000 fine.
Max Eamiguel, Special Agent in Charge, Office of Inspector General, U.S. Postal Service, Southern Area Field Office, stated, “Postal employees take great pride in their work for the American public. This type of criminal behavior is unacceptable and does not reflect the careful efforts of the thousands of professional, dedicated employees in our workforce. We will continue to vigorously pursue those individuals who violate the public’s trust.”
U.S. Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the U.S. Postal Service, Office of Inspector General. Fraud Unit Chief, Assistant U. S. Attorney Brian M. Klebba is in charge of the prosecution.
Honduran National Pleads Guilty to Illegally ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JIMY NAHUN NUÑEZ-IZAGUIRRE, age 31, a citizen of Honduras, pled guilty today to a one-count Bill of Information for illegal reentry of removed alien.
According to the Indictment, on or about October 1, 2015, NUÑEZ-IZAGUIRRE was found in the United States after having been officially deported and removed on or about July 25, 2008.
NUÑEZ-IZAGUIRRE faces a maximum term of imprisonment of two years and a fine of $250,000, one year supervised release after imprisonment, and a $100 special assessment. U.S. District Judge Lance M. Africk set sentencing for December 12, 2015.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Immigration Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution
Gretna Man Pled Guilty to Transferring False Social Security CardsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that FROILAN IGNACIO MIRANDA-RAMOS, age 30, of Gretna, pled guilty today to four counts of transferring false Social Security cards.
According to court documents, MIRANDA-RAMOS sold counterfeit Social Security cards on four separate occasions to confidential informants working with the Department of Homeland Security.
MIRANDA-RAMOS faces a maximum term of imprisonment of fifteen years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment. U.S. District Judge Sarah S. Vance set sentencing for December 16, 2015.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Former New Orleans Police Officer Sentenced for Theft of Government FundsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TRACIE MEDUS, age 40, of New Orleans, was sentenced today after having previously pled guilty to theft of government funds.
U.S. District Judge Mary Ann Vial Lemmon sentenced MEDUS to three years probation, including one year of home confinement. Additionally, MEDUS was ordered to make restitution in the amount of $158,700.
MEDUS admitted that she defrauded the federally funded Small Rental Property Program, a Louisiana Road Home program to enable low-income families displaced by Hurricane Katrina to return to Louisiana. The program provided money for landlords to repair units to be rented at specified low rates to approved low-income tenants. Road Home required that tenants be approved for income eligibility and to reside in units prior to landlords receiving funds.
U.S. Attorney Polite praised the work of the Department of Housing and Urban Development - Office of Inspector General and the Federal Bureau of Investigation in investigating this matter and thanked the New Orleans Police Department’s Public Integrity Bureau and the Internal Revenue Service’s Criminal Investigation Division for their assistance. Assistant U.S. Attorney Chandra Menon was in charge of this prosecution.
Bossier City Man Sentenced for Theft of Government FundsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that BRUCE LYDEL, age 59, of Bossier City, was sentenced today after previously pleading guilty to a one-count Bill of Information charging him with theft of government funds.
U.S. District Judge Carl J. Barbier sentenced LYDEL to five years probation, including six months of home detention. Additionally, LYDEL was ordered to pay $203,218 in restitution to the Social Security Administration.
According to court documents, LYDEL received Social Security Title II Benefit payments to which he knew he was not entitled.
U.S. Attorney Polite praised the work of the United States Social Security Administration- Office of Inspector General for investigating this matter. Assistant United States Attorney Loan "Mimi" Nguyen was in charge of the prosecution.
Alabama Man Sentenced for Possession and Transportation of Stolen FirearmsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that BRITTEN PARSONS, age 22, of Huntsville, Alabama, was sentenced today after having previously pled guilty to conspiracy to possess and transport stolen firearms in interstate commerce and transportation of stolen firearms in interstate commerce.
U.S. District Judge Jane Triche Milazzo sentenced PARSONS to 37 months of incarceration, to be followed by 3 years of supervised release.
According to court documents, in January and February 2013, PARSONS, BRITTANY BAUER and ALEX BRASINGTON transported nine stolen firearms in interstate commerce, from Alabama to Louisiana. The investigation revealed that the firearms had been stolen during residence burglaries in Huntsville, Alabama. On February 14, 2013, agents conducted a search of BAUER’s New Orleans apartment and found five stolen firearms and approximately 1700 rounds of ammunition. Court documents reflect that agents also recovered four stolen firearms and ammunition that PARSONS, BAUER and BRASINGTON sold to individuals in New Orleans. PARSONS had previously been found in possession of a stolen firearm on January 31, 2013.
PARSONS’ co-defendants have previously been sentenced. ALEX BRASINGTON was sentenced to 33 months incarceration and BRITTANY BAUER was sentenced to 6 months incarceration.
U.S. Attorney Polite praised the work of the ATF New Orleans Division Office, New Orleans Police Department, Pearl River (LA) Police Department, Pearl River County (MS) Sheriff’s Office, and Huntsville Police Department in investigating this matter. Assistant United States Attorney Nolan D. Paige was in charge of the prosecution.
Houma Man Charged with Possession of Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that MICHAEL CHAUVIN, age 30, of Houma, was taken into custody today after previously being charged in a one-count Indictment by a federal grand jury with possession of images and videos depicting the sexual exploitation of children under the age of twelve.
If convicted, CHAUVIN faces a maximum term of imprisonment of twenty years, followed by up to a lifetime of supervised release, and a $250,000 fine per count. He can also be required to register as a sex offender.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
United States Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
New Orleans Man Charged with Receipt of Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOSEPH RIVERA, age 33, of New Orleans was taken into custody today after previously being charged in a one-count Indictment by a federal grand jury with receipt of images and videos depicting the sexual exploitation of children. The Indictment was recently unsealed.
If convicted, RIVERA faces a mandatory minimum of five years imprisonment and a maximum term of imprisonment of twenty years, followed by up to a lifetime of supervised release, and a $250,000 fine per count. RIVERA can also be required to register as a sex offender.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
United States Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
New Orleans Man Sentenced for Defrauding Gulf Coast Claims FacilityRead the Press Release
U.S. Attorney Kenneth A. Polite announced that MICHAEL CUTRER, age 39, of New Orleans, was sentenced after previously pleading guilty to a one count Bill of Information charging him with conspiracy to commit wire fraud relating to a fraudulent application he made to the Gulf Coast Claims Facility (GCCF) for financial assistance in the aftermath of the Deepwater Horizon oil spill in the Gulf of Mexico.
U.S. District Judge Eldon E. Fallon sentenced CUTRER to three years probation and ordered payment of $15,000 in restitution to the Deepwater Horizon Oil Spill Trust.
According to court documents, the GCCF made disaster assistance money available to individuals and businesses affected by the oil spill resulting from the Deepwater Horizon explosion. The GCCF required individuals to verify loss of income. On November 4, 2010, the GCCF received CUTRER’s online claim form seeking an emergency 6-month payment in the amount of $10,000, wherein CUTRER falsely stated he lost earnings as a result of the Deepwater Horizon oil spill. Documentation in support of CUTRER’s claim included copies of fraudulent earning statements indicating that prior to the oil spill, CUTRER had worked at Country Inn & Suites, when, in fact, he was never so employed. As a result of these false representations and documentation contained in the claim, the GCCF paid CUTRER approximately $15,000.00.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Loan A. "Mimi" Nguyen.
Mexican National Pleads Guilty to Violation of the Federal Gun Control ActRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JUAN ALBERTO SANCHEZ-ROMERO, age 25, a citizen of Mexico, pled guilty today to a one-count Bill of Information for violations of the Federal Gun Control Act.
According to the court documents, on or about August 20, 2015, SANCHEZ-ROMERO, an alien present illegally in the United States, was found in possession of a firearm.
SANCHEZ-ROMERO faces a maximum term of imprisonment of ten years, a fine of $250,000, three years supervised release after imprisonment, and a $100 special assessment. U.S. District Judge Nannette Jolivette Brown set sentencing for February 11, 2016.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Immigration Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Metairie Man Pleads Guilty to Trafficking a Minor into New Orleans to Work as a ProstituteRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TORREY LEDELL DAVIS, age 44, most recently from Metairie, pled guilty today to interstate transportation of a minor for the purpose of engaging in criminal sexual activity.
According to the court documents, in November 2012 DAVIS was contacted by an individual living in the Jackson, Mississippi area. That individual inquired whether DAVIS would be willing to train the victim, who had just turned 16-years-old, to work as a prostitute. DAVIS agreed, and on November 26, 2012, DAVIS drove to the Scottish Inn in Jackson, picked up the victim, and drove her back to DAVIS’s residence in Metairie. Once at the residence, DAVIS forced the victim to dress provocatively and pose for sexually suggestive photographs, which he saved on his computer. The pictures were then used to create a prostitution advertisement on an online classified advertisement website often used to promote prostitution. DAVIS also instructed the victim how to work as a prostitute, how to get clients, and how to avoid being caught by law enforcement officials. DAVIS further arranged for the victim to be paired with a female who worked as a prostitute for DAVIS for approximately one year. At DAVIS’s instruction, the female drove the victim to the French Quarter of New Orleans to work as a prostitute. While in the French Quarter that evening, law enforcement officials arrested the minor for prostitution after an undercover officer arranged for the victim to perform a sexual act on the officer in exchange for $500.
DAVIS faces a mandatory minimum term of imprisonment of ten years and a maximum of life, followed by up to a life term of supervised release, and a $250,000 fine. DAVIS can also be required to register as a sex offender. U.S. District Judge Sarah S. Vance set sentencing for February 24, 2016.
“The FBI New Orleans Division is committed to investigating all aspects of Human Sex Trafficking, stated Acting Special Agent in Charge Jeff Dutton. “Through our law enforcement collaboration, we are making every attempt to eradicate human trafficking statewide.”
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
U.S. Attorney Polite praised the work of the Federal Bureau of Investigations, the New Orleans Police Department, and the Louisiana State Police Special Victims Unit for investigating this matter. Assistant United States Attorneys Jordan Ginsberg and K. Paige O’Hale are in charge of the prosecution.
Honduran National Pleads Guilty to Illegal ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOSE ALEXANDER LOPEZ-LOPEZ, age 20, a citizen of Honduras, pled guilty today to a one-count indictment with illegal reentry of a removed alien.
According to court documents, LOPEZ-LOPEZ reentered the United States on or about September 28, 2015, after having been previously deported on April 2, 2014. LOPEZ-LOPEZ faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment. U.S. District Judge Nannette Jolivette Brown set sentencing for December 3, 2015.
U.S. Attorney Polite praised the work of the United States Immigration and Customs Enforcement Agency in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Harvey Woman Sentenced for Disaster Fraud and TheftRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JENNIFER WILLIAMS, 33, of Harvey, was sentenced after previously pleading guilty to two-count Indictment charging her with one count of disaster fraud and five counts of theft from the United States.
U.S. District Judge Nanette Jolivette Brown sentenced WILLIAMS to one day of incarceration. In addition to incarceration, WILLIAMS was sentenced to 30 days of home detention as part of her five years of supervised release, a $600 special assessment, and restitution in the amount of $17,040 to be repaid to FEMA.
According to the court records, on or about October 15, 2012, following Hurricane Isaac, WILLIAMS filed an application with the Department of Homeland Security Federal Emergency Management Agency (FEMA). WILLIAMS claimed that she needed rental assistance due to damage in her home and made false statements to FEMA with regard to where she was temporarily living. After receiving a total of $17,040 in rental assistance, Department of Homeland Security investigators determined that WILLIAMS in fact never rented another property after Hurricane Isaac and that her application and supporting documentation was false.
U.S. Attorney praised the work of the Department of Homeland Security, Office of Inspector General in investigating this matter. Assistant United States Attorney Edward J. Rivera of the Fraud Unit was in charge of the prosecution.