Eastern District of Louisiana
Press releases recorded for this federal judicial district.
Undocumented Alien Sentenced for Illegally ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ISIDRO OROZCO-LOPEZ, age 34, a citizen of Guatemala, was sentenced today after previously pleading guilty to a one-count Bill of Information for illegal reentry of a removed alien.
U.S. District Judge Sarah S. Vance sentenced OROZCO-LOPEZ to time served and a $100 special assessment. OROZCO-LOPEZ will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
According to court documents, OROZCO-LOPEZ was found in the United States on November 8, 2014 after having been officially deported and removed on or about November 25, 2013.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, U.S. Border Patrol in investigating this matter. Assistant United States Attorney Irene González was in charge of the prosecution.
Owner of Medical Clinic and Accountant Plead Guilty for Roles in $50 Million Medicare Fraud SchemeRead the Press Release
WASHINGTON – The owner and operator of a New Orleans-based medical clinic and an accountant pleaded guilty today in federal court in New Orleans for their roles in a $50 million Medicare fraud scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite Jr. of the Eastern District of Louisiana, Special Agent in Charge Michael J. Anderson of the FBI’s New Orleans Field Office, Special Agent in Charge Mike Fields of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Dallas Regional Office and Louisiana Attorney General James D. “Buddy” Caldwell made the announcement.
Paige Okpalobi, 58, of Slidell, Louisiana, and Christopher White, 48, of Destrehan, Louisiana, pleaded guilty before Chief U.S. District Judge Sarah S. Vance of the Eastern District of Louisiana to one count of conspiracy to commit health care fraud and one count of conspiracy to falsify records in a federal investigation. Sentencing hearings for each are scheduled for July 1, 2015.
According to her plea agreement, Okpalobi owned and operated a New Orleans-based medical clinic that employed doctors to certify that Medicare beneficiaries were qualified to receive home health care. Okpalobi admitted that doctors employed at her clinic falsely certified that certain of their clients—specifically, Medicare beneficiaries—were homebound and in need of home health care services. Okpalobi further admitted that she and other co-conspirators then used the false certifications to bill Medicare for fraudulent home health care services through home health care companies she jointly operated with another co-conspirator.
According to his plea agreement, White managed financial and accounting services at Okpalobi’s companies and other companies. White admitted that he coordinated the payment of patient recruiters who illegally sold Medicare beneficiary information to Okpalobi and her co-conspirators. This information was used by home health companies operated by Okpalobi and others to bill Medicare for home health care services that were not medically necessary and often not delivered at all.
Okpalobi and White each also admitted that they fabricated tax and employment records in response to a federal grand jury subpoena to conceal the illegal kickbacks paid and mislead the grand jury.
Okpalobi admitted that between 2007 and 2014, she caused the submission of $49,989,323 in claims to Medicare for home health services that were not medically necessary or not provided.
Thirteen individuals have been indicted in connection with this Medicare fraud scheme, and eight have now pleaded guilty, including two doctors employed at Okpalobi’s medical clinic.
This case was investigated by the FBI, HHS-OIG and the Louisiana Attorney General’s Medicaid Fraud Control Unit (MFCU), 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 for the Eastern District of Louisiana. This case is being prosecuted by Trial Attorneys William Kanellis and Antonio Pozos and Assistant Chief Benton Curtis 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 2,100 defendants who have collectively billed the Medicare program for more than $6.5 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to: www.justice.gov/criminal-fraud/health-care-fraud-unit.
Man Sentenced for Tampering with Blowout Preventer Testing RecordsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that SEAN GRANGER, 36, of Rayne, Louisiana, was sentenced today for knowingly and willfully tampering with a method of record required to be maintained under the Outer Continental Shelf Lands Act.
U.S. District Judge Sarah S. Vance sentenced GRANGER to three years probation and ordered him to pay a $3,000 fine.
According to court documents, on June 4, 2012, GRANGER was employed as a coil tubing supervisor to perform coil tubing services on a well at a drilling rig located in the Gulf of Mexico at Ship Shoal 359 in the Eastern District of Louisiana. Prior to starting the contracted coil tubing services at Ship Shoal 359, GRANGER tested his coil tubing unit’s blowout preventer. A coil tubing unit should not be placed into service for the contract until all the BOP components pass pressure testing.
The results of BOP tests are recorded on a circular graphic chart known as the BOP pressure test chart. To record pressures, a test chart is placed into a chart recorder that has a needle with a pen attached to it. As the recorder spins, the needle makes a record on the test chart of how much pressure the BOP components are holding. The BOP test chart is the record that inspectors review to determine if the BOP units are functioning properly.
On June 4, there were irregularities in the BOP testing process. Rather than take action to properly document the pressures of the BOP components or remedy the irregularities in the testing, GRANGER tampered with the pressure test chart by spinning it on the recorder. When inspectors reviewed the pressure test chart a few days later, they were unable to determine whether the BOP on the coil tubing unit was functioning properly.
U.S. Attorney Polite praised the work of the Department of Interior-Office of Inspector General and Bureau of Safety and Environmental Enforcement for their work on this matter. Assistant United States Attorney Emily K. Greenfield of the National Security Unit was in charge of the prosecution.
Honduran National Sentenced for Illegal ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that EDUARD TERCERO-LAGOS, age 25, a citizen of Honduras, was sentenced today after previously pleading guilty to a one-count Bill of Information for illegal reentry of a removed alien.
U.S. District Judge Sarah S. Vance sentenced TERCERO-LAGOS to time served and a $100 special assessment. TERCERO-LAGOS will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
According to court documents, TERCERO-LAGOS was found in the United States on December 8, 2014 after having been officially deported and removed on or about June 24, 2013.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant United States Attorney Spiro G. Latsis was in charge of the prosecution.
Guatemalan National Sentenced for Illegal ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ESWIN ESTUARDO MARTINEZ-REYES, age 42, a citizen of Guatemala, was sentenced today after previously pleading guilty to a one-count Bill of Information for illegal reentry of a removed alien.
U.S. District Judge Sarah S. Vance sentenced MARTINEZ-REYES to time served and a $100 special assessment. MARTINEZ-REYES will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
According to court documents, MARTINEZ-REYES was found in the United States on December 2, 2014, after having been officially deported and removed on or about June 7, 2013.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, U.S. Border Patrol in investigating this matter. Assistant United States Attorney Spiro G. Latsis was in charge of the prosecution.
Georgia Businessman Pleads No Contest to Participating in Kickback Scheme and Guilty to Filing False Tax ReturnsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that KENNETH JOHNSON, SR., age 52, of Stone Mountain, Georgia, pled nolo contendere (no contest) on March 16, 2015, to conspiring to pay kickbacks in a federal debris removal contract and guilty to two counts of filing false tax returns with the Internal Revenue Service.
According to court documents, the U.S. Army Corps of Engineers hired a Phillips and Jordan, a national construction firm, to manage the removal of storm debris from the City of New Orleans after Hurricane Katrina devastated the metro area. After they were awarded the contract, Phillips and Jordan hired Company A, a local solid waste management company to assist with the debris removal project. Shortly after securing the contract, Company A hired ANTHONY PENN, a local businessman, to manage the debris removal project for them. After some time on the job, PENN approached the owners of Company A and asked if they would consider hiring his brother-in-law, KENNETH JOHNSON, as a sub-tier subcontractor to work on the project. The owners of Company A accepted the recommendation and hired JOHNSON’s company, KCJ Enterprises, as a sub-tier subcontractor. Sometime thereafter, PENN asked JOHNSON to provide him with a cut of the revenue that KCJ Enterprises was receiving from Company A as a reward for steering the contract to him. JOHNSON agreed to the scheme and wired a total of $236,461.55 in kickback payments to PENN from July 12, 2006, to February 8, 2008.
As part of the investigation, it was determined that JOHNSON filed false tax returns with the IRS for tax years 2007 and 2008 in an effort to conceal the kickback scheme and to avoid paying taxes on his income from the debris removal work. As a result, JOHNSON avoided paying $113,771.00 in federal taxes.
At sentencing, JOHNSON faces a maximum term of imprisonment of five years on the conspiracy charge and a maximum term of imprisonment of three years on the tax charges. U.S. District Judge Stanwood R. Duval, Jr. set sentencing for July 15, 2015.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigations, the United States Department of Defense, and the Internal Revenue Service in investigating this matter. Assistant U.S. Attorneys Spiro G. Latsis and Theodore R. Carter, III are in charge of the prosecution.
Mexican National Sentenced for Illegal Re-EntryRead the Press Release
U.S. Attorney Kenneth A. Polite, Jr., announced that GALDINO MARTINEZ-CARRILLO, age 38, a citizen of Mexico, was sentenced yesterday for illegal re-entry of previously removed alien.
U.S. District Judge Martin L.C. Feldman sentenced MARTINEZ-CARRILLO to time served. MARTINEZ-CARRILLO will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings
According to the court documents, on August 1, 2014, GALDINO MARTINEZ-CARRILLO was found in the United States after having been deported previously on October 25, 2012.
U.S. Attorney Polite praised the work of the Department of Homeland Security in investigating this matter. Assistant United States Attorney Emily K. Greenfield was in charge of the prosecution.
Florida Man Sentenced to 10 Years in Prison for Firearms ViolationsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JAIME JAUREGUI, age 36, of Orlando, Florida, was sentenced today after a federal jury found him guilty of conspiracy to violate the Gun Control and National Firearms Acts and possession of unregistered firearms.
U.S. District Judge Jay C. Zainey sentenced JAUREGUI to 120 months incarceration, followed by 3 years of supervised release.
According to previously filed court documents, in January 2012, agents of Homeland Security Investigations in New Orleans received information indicating that JAUREGUI was interested in acquiring items listed on the United States Munitions List and smuggling the weapons to end users in Mexico. On at least four occasions from January 2012 through March 21, 2013, JAUREGUI met with an undercover agent in St. Tammany Parish to negotiate the purchase of more than 100 fully automatic assault rifles, grenade launchers, grenades, and night vision goggles, all of which were destined for a Mexican drug trafficking cartel. JAUREGUI provided a cash deposit of approximately $46,000 during those meetings. JAIME JAUREGUI hired CARLOS CABRERA, FRANCISCO MALDONADO, and RUBEN JAUREGUI to assist him with transporting the weapons to the final destinations. None of the men have federal firearms or export licenses. Defendants CABRERA, MALDONADO, and RUBEN JAUREGUI previously pled guilty and have been sentenced.
U.S. Attorney Polite praised the work of Homeland Security Investigations (HSI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with assistance from the Defense Criminal Investigative Service (DCIS), the Louisiana State Police, and the St. Tammany Parish Sheriff’s Office for investigating this matter. Assistant U.S. Attorney Gregory M. Kennedy and Special Assistant U.S. Attorney Brian Ebarb are in charge of the prosecution.
Twenty Individuals and One Corporation Indicted for Conspiracy to Commit $30 Million in Health Care FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that a 26-count indictment was returned against twenty individuals and one corporation, charging approximately $30,052,295 in Medicare fraud.
Specifically, LISA A. CRINEL, age 51; WILNEISHA HARRISON JAKES, age 28; HENRY EVANS, age 70; THREASA ADDERLEY, age 63; MICHAEL JONES, age 45; PAULA JONES, age 44; SHELTON BARNES, age 61; CARY PAYTON, age 60; EVELYN ODOMS, age 63; SHEILA MATHIEU, age 46; SUPRENIA WASHINGTON, age 58; ERICA EDWARDS, age 30; ZELLISHA DEJEAN, age 36; CAREN BATTAGLIA, age 48; SHEILA HOPKINS, age 62; VERINESE SUTTON, age 62, all of New Orleans; JONATHON NORA, age 27, of River Ridge; ELESHIA WILLIAMS, age 44, of Harvey; and PCAH, INC. a/k/a PRIORITY CARE AT HOME, INC. (PCAH) d/b/a ABIDE HOME CARE SERVICES, INC., a Louisiana corporation, were indicted today for conspiracy to commit health care fraud, conspiracy to defraud the United States and to receive and pay health care kickbacks, and health care fraud. CLARA AITCH, age 39, of New Orleans, and WENDY ERVIN, age 41, of Laplace, were indicted for conspiracy to commit wire fraud along with CRINEL and JAKES. CRINEL is also charged with wire fraud.
According to the indictment, the defendants participated in a criminal organization for the purpose of fraudulently billing Medicare. CRINEL was the owner and operator of a home health company known as ABIDE. Through her operation of ABIDE, CRINEL and her daughter JAKES, as Chief Administrative Officer, hired “House Doctors” to sign orders and plans of care for Medicare beneficiaries who had no legitimate medical necessity for home health services. The House Doctors, including DRS. BARNES, EVANS, ADDERLEY and MICHAEL JONES, falsely signed home health orders regardless of the beneficiary’s needs, homebound status, or diagnoses. In return, DRS. BARNES, EVANS, and ADDERLEY received monthly payments fraudulently characterized as medical consultant or director fees for which they provided no services other than fraudulently certifying Medicare beneficiaries for unnecessary home health services. Instead of making monthly payments to DR. MICHAEL JONES like the other House Doctors, CRINEL and ABIDE hired PAULA JONES, DR. MICHAEL JONES’s wife, and thereafter, inflated salary payments to PAULA JONES, representing MICHAEL JONES’s fees for fraudulently certifying home health for ineligible Medicare beneficiaries.
WILLIAMS and other ABIDE marketers contacted JONATHON NORA and others to confirm that the person fraudulently referred for home health was a Medicare beneficiary. Once NORA determined the referred individual was a Medicare beneficiary, NORA scheduled a physician visit, usually with an ABIDE House Doctor, knowing that the individual referral to ABIDE was by a Marketer, instead of the beneficiary’s own health care professional.
Registered nurses, including MATHIEU, EDWARDS, WASHINGTON, DEJEAN, and HOPKINS were assigned to go to the homes of Medicare beneficiaries to complete assessments that determined the necessary level of care required for the beneficiary and the reimbursement rate for the claims made by ABIDE. When MATHIEU, EDWARDS, WASHINGTON, DEJEAN and HOPKINS, completed these assessments, they routinely and fraudulently included a group of diagnoses that were unrelated to the needs of the beneficiaries and included items suggesting the need for assistance with different activities of daily living in order to falsely inflate the reimbursement rates paid by Medicare to ABIDE. MATHIEU, EDWARDS, WASHINGTON, HOPKINS and DEJEAN also fraudulently included other items in the assessment to falsely document the beneficiary’s homebound status.
After assessments were completed, ABIDE generated plans of care reflecting the falsely created assessments. The plans of care were given to DRS. BARNES, EVANS, ADDERLEY and MICHAEL JONES to falsely certify and recertify medically unnecessary episodes of home health. Licensed practical nurses (LPNs) assigned to beneficiaries, including ODOM, PAYTON and BATTAGLIA, performed skilled nursing visits usually once a week, and ODOM, PAYTON and BATTAGLIA routinely falsified documentation of visits to support the ongoing fraudulent billing by PAULA JONES, on behalf of ABIDE, of medically unnecessary home health services.
In the wire fraud conspiracy and three individual wire counts, CRINEL is charged with filing fraudulent applications for relief relating to the April 20, 2010 explosion and fire which occurred on the Deepwater Horizon, an oil rig in the Gulf of Mexico where British Petroleum (BP) had been drilling a well. After the disaster, BP established the Gulf Coast Claims Facility (GCCF) to administer, mediate, and settle claims of individuals and businesses for losses incurred as a result of the Deepwater Horizon incident. The GCCF began receiving and processing such claims in August 2010. The GCCF required any individual filing a claim to submit valid documentation as proof of loss or reduction in earnings due to the oil spill. CRINEL and a Georgia accountant created false documentation on behalf of AITCH, ERVIN, and JAKES, to include in fraudulent applications for reimbursement for lost wages. The false documentation stated that AITCH, ERVIN and JAKES, at the time of the BP disaster, were employed by LACE, a reception hall owned and operated by CRINEL, when, in truth, AITCH and ERVIN were full time employees of ABIDE and JAKES was attending school out of state. After AITCH and ERVIN received payments from BP, they had to kick back some of the funds to CRINEL. The loss to BP from the fraudulent claims totals $37,800.
If convicted, the defendants face the following possible maximum terms of imprisonment:
- VERINESE SUTTON, CLARA AITCH and WENDY ERVIN - 5 years;
- JONATHON NORA - 10 years;
- ELESHIA WILLIAMS, PAULA JONES and CARY PAYTON - 15 years;
- ERICA EDWARDS, WILNEISHA HARRISON JAKES and SUPRENIA WASHINGTON - 20 years;
- CAREN BATTAGLIA and ZELLISHA DEJEAN - 30 years;
- DRS. HENRY EVANS and MICHAEL JONES - 35 years;
- SHEILA MATHIEU - 35 years;
- EVELYN ODOMS - 50 years;
- SHEILA HOPKINS - 80 years;
- DR. SHELTON BARNES - 85 years;
- THRESA ADDERLEY – 85 years; and
- LISA A. CRINEL - 270 years.
For each count for which any defendant is convicted, they are subject to a $250,000 fine. And, if convicted, PCAH, INC. a/k/a PRIORITY CARE AT HOME, INC. (PCAH) d/b/a ABIDE HOME CARE SERVICES, INC. faces millions in fines.
The indictment also charges forfeiture of property including real estate, bank and life insurance accounts, and jewelry purchased with the proceeds of health care fraud.
U. S. Attorney Polite reiterated that the indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation; and the U.S. Department of Health and Human Services, Office of Inspector General in this ongoing investigation. Assistant U.S. Attorneys Patrice Harris Sullivan, Sharan Lieberman and Andre Lagarde are in charge of the prosecution.
Twenty Individuals and One Corporation Indicted for Conspiracy to Commit $30 Million in Health Care FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that a 26-count indictment was returned against twenty individuals and one corporation, charging approximately $30,052,295 in Medicare fraud.
Specifically, LISA A. CRINEL, age 51; WILNEISHA HARRISON JAKES, age 28; HENRY EVANS, age 70; THREASA ADDERLEY, age 63; MICHAEL JONES, age 45; PAULA JONES, age 44; SHELTON BARNES, age 61; CARY PAYTON, age 60; EVELYN ODOMS, age 63; SHEILA MATHIEU, age 46; SUPRENIA WASHINGTON, age 58; ERICA EDWARDS, age 30; ZELLISHA DEJEAN, age 36; CAREN BATTAGLIA, age 48; SHEILA HOPKINS, age 62; VERINESE SUTTON, age 62, all of New Orleans; JONATHON NORA, age 27, of River Ridge; ELESHIA WILLIAMS, age 44, of Harvey; and PCAH, INC. a/k/a PRIORITY CARE AT HOME, INC. (PCAH) d/b/a ABIDE HOME CARE SERVICES, INC., a Louisiana corporation, were indicted today for conspiracy to commit health care fraud, conspiracy to defraud the United States and to receive and pay health care kickbacks, and health care fraud. CLARA AITCH, age 39, of New Orleans, and WENDY ERVIN, age 41, of Laplace, were indicted for conspiracy to commit wire fraud along with CRINEL and JAKES. CRINEL is also charged with wire fraud.
According to the indictment, the defendants participated in a criminal organization for the purpose of fraudulently billing Medicare. CRINEL was the owner and operator of a home health company known as ABIDE. Through her operation of ABIDE, CRINEL and her daughter JAKES, as Chief Administrative Officer, hired “House Doctors” to sign orders and plans of care for Medicare beneficiaries who had no legitimate medical necessity for home health services. The House Doctors, including DRS. BARNES, EVANS, ADDERLEY and MICHAEL JONES, falsely signed home health orders regardless of the beneficiary’s needs, homebound status, or diagnoses. In return, DRS. BARNES, EVANS, and ADDERLEY received monthly payments fraudulently characterized as medical consultant or director fees for which they provided no services other than fraudulently certifying Medicare beneficiaries for unnecessary home health services. Instead of making monthly payments to DR. MICHAEL JONES like the other House Doctors, CRINEL and ABIDE hired PAULA JONES, DR. MICHAEL JONES’s wife, and thereafter, inflated salary payments to PAULA JONES, representing MICHAEL JONES’s fees for fraudulently certifying home health for ineligible Medicare beneficiaries.
WILLIAMS and other ABIDE marketers contacted JONATHON NORA and others to confirm that the person fraudulently referred for home health was a Medicare beneficiary. Once NORA determined the referred individual was a Medicare beneficiary, NORA scheduled a physician visit, usually with an ABIDE House Doctor, knowing that the individual referral to ABIDE was by a Marketer, instead of the beneficiary’s own health care professional.
Registered nurses, including MATHIEU, EDWARDS, WASHINGTON, DEJEAN, and HOPKINS were assigned to go to the homes of Medicare beneficiaries to complete assessments that determined the necessary level of care required for the beneficiary and the reimbursement rate for the claims made by ABIDE. When MATHIEU, EDWARDS, WASHINGTON, DEJEAN and HOPKINS, completed these assessments, they routinely and fraudulently included a group of diagnoses that were unrelated to the needs of the beneficiaries and included items suggesting the need for assistance with different activities of daily living in order to falsely inflate the reimbursement rates paid by Medicare to ABIDE. MATHIEU, EDWARDS, WASHINGTON, HOPKINS and DEJEAN also fraudulently included other items in the assessment to falsely document the beneficiary’s homebound status.
After assessments were completed, ABIDE generated plans of care reflecting the falsely created assessments. The plans of care were given to DRS. BARNES, EVANS, ADDERLEY and MICHAEL JONES to falsely certify and recertify medically unnecessary episodes of home health. Licensed practical nurses (LPNs) assigned to beneficiaries, including ODOM, PAYTON and BATTAGLIA, performed skilled nursing visits usually once a week, and ODOM, PAYTON and BATTAGLIA routinely falsified documentation of visits to support the ongoing fraudulent billing by PAULA JONES, on behalf of ABIDE, of medically unnecessary home health services.
In the wire fraud conspiracy and three individual wire counts, CRINEL is charged with filing fraudulent applications for relief relating to the April 20, 2010 explosion and fire which occurred on the Deepwater Horizon, an oil rig in the Gulf of Mexico where British Petroleum (BP) had been drilling a well. After the disaster, BP established the Gulf Coast Claims Facility (GCCF) to administer, mediate, and settle claims of individuals and businesses for losses incurred as a result of the Deepwater Horizon incident. The GCCF began receiving and processing such claims in August 2010. The GCCF required any individual filing a claim to submit valid documentation as proof of loss or reduction in earnings due to the oil spill. CRINEL and a Georgia accountant created false documentation on behalf of AITCH, ERVIN, and JAKES, to include in fraudulent applications for reimbursement for lost wages. The false documentation stated that AITCH, ERVIN and JAKES, at the time of the BP disaster, were employed by LACE, a reception hall owned and operated by CRINEL, when, in truth, AITCH and ERVIN were full time employees of ABIDE and JAKES was attending school out of state. After AITCH and ERVIN received payments from BP, they had to kick back some of the funds to CRINEL. The loss to BP from the fraudulent claims totals $37,800.
If convicted, the defendants face the following possible maximum terms of imprisonment:
- VERINESE SUTTON, CLARA AITCH and WENDY ERVIN - 5 years;
- JONATHON NORA - 10 years;
- ELESHIA WILLIAMS, PAULA JONES and CARY PAYTON - 15 years;
- ERICA EDWARDS, WILNEISHA HARRISON JAKES and SUPRENIA WASHINGTON - 20 years;
- CAREN BATTAGLIA and ZELLISHA DEJEAN - 30 years;
- DRS. HENRY EVANS and MICHAEL JONES - 35 years;
- SHEILA MATHIEU - 35 years;
- EVELYN ODOMS - 50 years;
- SHEILA HOPKINS - 80 years;
- DR. SHELTON BARNES - 85 years;
- THRESA ADDERLEY – 85 years; and
- LISA A. CRINEL - 270 years.
For each count for which any defendant is convicted, they are subject to a $250,000 fine. And, if convicted, PCAH, INC. a/k/a PRIORITY CARE AT HOME, INC. (PCAH) d/b/a ABIDE HOME CARE SERVICES, INC. faces millions in fines.
The indictment also charges forfeiture of property including real estate, bank and life insurance accounts, and jewelry purchased with the proceeds of health care fraud.
U. S. Attorney Polite reiterated that the indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation; and the U.S. Department of Health and Human Services, Office of Inspector General in this ongoing investigation. Assistant U.S. Attorneys Patrice Harris Sullivan, Sharan Lieberman and Andre Lagarde are in charge of the prosecution.
St. Tammany Parish Woman Sentenced for Conspiracy to Commit Wire Fraud in Aftermath of BP Oil SpillRead the Press Release
The U.S. Attorney’s Office announced that RAMONA HUDSON, age 52, of Slidell, was sentenced today for her role in a conspiracy to defraud the Gulf Coast Claims Facility (“GCCF”) in the aftermath of the BP oil spill.
U.S. District Judge Lance M. Africk sentenced HUDSON to 4 years’ probation, 6 months of home confinement, and ordered restitution in the amount of $75,000.
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 in the Gulf of Mexico. The GCCF required individuals to verify loss of income. In or about September 2010, HUDSON, assisted by her co-conspirator, posed as a claimant and completed an electronic claim form with false representations that HUDSON was employed in the commercial fishing industry at the time of the oil spill, when in fact, she was not. The fraudulent claim form and documentation were all wired from a location in the Eastern District of Louisiana to the GCCF’s office in Dublin, Ohio. Based on these false representations, HUDSON and her co-conspirator received approximately $75,000 for lost wages for which they were not entitled.
This case was brought as part of this District’s partnership with the National Center for Disaster Fraud (“NCDF”), a nationwide initiative to protect available funds and assistance for those victims of both natural and man-made disasters such as hurricanes, floods, tornadoes and the recent Gulf oil spill. If you have knowledge of fraud, waste, abuse or allegations of mismanagement involving disaster relief operations, you can contact the NCDF by either calling the hotline at (866) 720-5721, faxing (225) 334-4707, emailing at [email protected], or in writing to National Center for Disaster Fraud, Baton Rouge, LA 70821-4909.
The U.S. Attorney’s Office praised the work of the U.S. Postal Inspection Service and the U.S. Secret Service in investigating this matter. Assistant U.S. Attorneys Julia K. Evans and Theodore R. Carter, III were in charge of the prosecution.
St. Tammany Parish Man Sentenced for Conspiracy to Commit Wire Fraud in Aftermath of BP Oil SpillRead the Press Release
U.S. Attorney’s Office announced that DARRELL MORRIS, age 55, of Slidell, was sentenced today for his role in a conspiracy to defraud the Gulf Coast Claims Facility (“GCCF”) in the aftermath of the BP oil spill.
U.S. District Judge Nannette Jolivette Brown sentenced MORRIS to three years’ probation, and ordered restitution in the amount of $40,000.
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 in the Gulf of Mexico. The GCCF required individuals to verify loss of income. MORRIS, assisted by his co-conspirator, posed as a claimant and completed an electronic claim form with false representations that MORRIS was employed in the commercial fishing industry at the time of the oil spill, when in fact, he was not. The fraudulent claim form and documentation were all wired from a location in the Eastern District of Louisiana to the GCCF’s office in Dublin, Ohio. Based on these false representations, MORRIS and his co-conspirator received approximately $75,000 for lost wages to which they were not entitled.
This case was brought as part of this District’s partnership with the National Center for Disaster Fraud (“NCDF”), a nationwide initiative to protect available funds and assistance for those victims of both natural and man-made disasters such as hurricanes, floods, tornadoes and the recent Gulf oil spill. If you have knowledge of fraud, waste, abuse or allegations of mismanagement involving disaster relief operations, you can contact the NCDF by either calling the hotline at (866) 720-5721, faxing (225) 334-4707, emailing at [email protected], or in writing to National Center for Disaster Fraud, Baton Rouge, LA 70821-4909.
The U.S. Attorney’s Office praised the work of the U.S. Postal Inspection Service and the U.S. Secret Service in investigating this matter. Assistant U.S. Attorneys Julia K. Evans and Theodore R. Carter, III were in charge of the prosecution.
New Orleans Man Sentenced to 5 Years for Receiveing Images Depicting the Sexual Exploitation of ChildrenRead the Press Release
U.S. Kenneth A. Polite announced that TRAVIS ISRAEL OSBORNE, age 23, of New Orleans, was sentenced today for crimes involving the sexual exploitation of children.
U.S. District Judge Eldon E. Fallon sentenced OSBORNE to 60 months incarceration, followed by 5 years of supervised release.
According to court documents, special agents with the Federal Bureau of Investigation executed a search warrant at OSBORNE’S residence on April 2, 2013. Agents recovered one computer and one external digital storage device. A subsequent forensic examination of the computer and storage device revealed that beginning in 2011 OSBORNE used versions of a peer-to-peer network to look for and download images of children as young as 8-years-old engaging in sexually explicit conduct. In total, OSBORNE downloaded and catalogued approximately 140 images and 37 videos of prepubescent children being sexually victimized.
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 Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg was in charge of the prosecution.
Independence Man Pleads Guilty to a Federal Gun ViolationRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ERIC O’NEAL SELDERS, age 43, from Independence, pled guilty today to a federal gun charge.
SELDERS pled guilty to being a previously convicted felon in possession of a firearm. Specifically, on July 29, 2012, SELDERS, who had four prior state felony convictions, possessed a .38 caliber revolver within the Eastern District of Louisiana. Because of his four prior convictions, SELDERS may be deemed an Armed Career Criminal under federal law and sentenced to a minimum of 15 years of incarceration. If not deemed to be an Armed Career Criminal, SELDERS is facing a maximum of 10 years of incarceration, a fine of not than $250,000 and up to 3 years of supervised release. There is also a mandatory $100 special assessment for each count associated with a guilty plea. U.S. District Judge Eldon E. Fallon set sentencing on June 25, 2015.
U.S. Attorney Polite praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tangipahoa Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney Edward Rivera is in charge of the prosecution.
Metairie Resident Sentenced to 43 Months in Prison for His Role in $10 Million Tax Fraud Conspiracy, Aggravated Identity TheftRead the Press Release
OLSEN SARAVIA-HERNANDEZ, 48, a Honduran national who most recently resided in Metairie, Louisiana, was sentenced today for conspiracy to defraud the United States by filing false tax returns and for aggravated identity theft, announced U.S. Attorney Kenneth Allen Polite, Jr. and Principal Deputy Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division.
U.S. District Court Judge Helen G. Berrigan sentenced SARAVIA-HERNANDEZ to 43 months in prison and three years of supervised release, while ordering him to pay restitution to the United States of $1,000,000. In November 2014, JACQUELINE J. ARIAS, a tax return preparer from Spruce Pine, Alabama, was sentenced to serve 97 months in prison for her role in the scheme and ordered to pay more than $10,000,000 in restitution.
On December 19, 2013, SARAVIA-HERNANDEZ pled guilty to one count of conspiracy to defraud the United States and one count of aggravated identity theft. According to court documents, SARAVIA-HERNANDEZ and his coconspirators filed false returns listing Individual Taxpayer Identification Numbers (ITINs). An ITIN is a tax processing number issued by the Internal Revenue Service (IRS) to individuals who do not have, and are not eligible to obtain, a Social Security Number. The indictment charged that ARIAS filed false applications for ITINs, false income tax returns, and collected preparation fees from the fraudulently-obtained tax refunds. As alleged in the superseding indictment, SARAVIA-HERNANDEZ acted as a “runner” in the organization, obtaining identification documents in the Eastern District of Louisiana and ferrying them to ARIAS for use in filing false returns.
To date, seventeen defendants have pled guilty in the case, including one defendant who was arrested in Panama last year and is awaiting sentencing. Four defendants remain fugitives. All of the defendants in this case who pled guilty thus far were sentenced to terms of imprisonment, including: CESAR ALEJANDRO SORIANO (42 months); OSCAR ARMANDO PERDOMO, (42 months); YONI PERDOMO, (38 months); ARNULFO SANTOS-MEDRADO, (38 months); ELSIDES EDGARDO ALVARADO-CANALES, (36 months); ELIECER OBED RODRIGUEZ, (34 months); OCTAVIO JOSUE PERDOMO, (34 months); ELBER MENDOZA-LOPEZ, (34 months); AURELIO MONTIEL-MARTINEZ, (24 months); MILLER PERDOMO-ACEITUNO, ( 24 months); SANTOS MARTIN HERNANDEZ, (24 months); and SUSANA CARILLO MENDOZA, (19 months).
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Polite commended the agencies involved in investigating this matter, including: U.S. Immigration and Customs Enforcement, which oversees U.S. Homeland Security Investigations; IRS-Criminal Investigation; the U.S. Secret Service; the U.S. Postal Inspection Service; the Social Security Administration, Office of the Inspector General; and the St. Tammany Parish and Jefferson Parish Sheriffs’ Departments. Trial Attorney Hayden Brockett and Assistant United States Attorney David Haller are in charge of the prosecution.
Gretna Man Pleads Guilty to Conspiracy to Commit Bank FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DAVID DELANEY, age 57, of Gretna, pled guilty today to conspiracy to commit bank fraud.
According to court documents, DELANEY, who worked as a technician for A & H Armature Works, Inc., embezzled from the company’s bank account at First American Bank. DELANEY conspired with another to steal from A & H Armature Works, Inc. by using PayPal and American Express accounts to transfer the funds.
DELANEY faces a maximum term of imprisonment of five years, a fine of $250,000 and three years of supervised release following any term of imprisonment. U.S. District Judge Helen G. Berrigan set sentencing for June 17, 2015.
U.S. Attorney Polite praised the work of the United States Secret Service, New Orleans Field Division in investigating this matter. Assistant United States Attorney Loan "Mimi" Nguyen is in charge of the prosecution.
Louisiana Army National Guard Soldier Pleads GuiltyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that on Friday, March 6, 2015, PABLO E. PAZ, 45, of New Orleans, pled guilty to one count of conspiracy to commit theft of government funds.
According to court documents, PAZ was a recruiter for the Louisiana Army National Guard. In this capacity, Paz obtained personally identifiable information (PII), such as names, dates of birth and social security numbers, from potential soldiers that came to the recruiting station for the purpose of becoming a soldier. Paz provided the PII of potential soldiers to his co-defendant, Ramon Madrid, without the knowledge or consent of the soldiers, to obtain Guard Recruiter Assistance Program (G-RAP) incentive payments to which they were not entitled. Madrid received approximately $30,000 in fraudulently obtained recruitment incentive payments, a portion of which he provided to PAZ.
PAZ faces a maximum term of five years imprisonment, a fine of up to $250,000, and up to three years of supervised release. U.S. District Judge Jay C. Zainey set sentencing for June 2, 2015.
U.S. Attorney Polite praised the work of the United States Army Criminal Investigation Division Command and the Defense Criminal Investigative Service in investigating this matter. Public Integrity Unit Chief Tracey N. Knight is in charge of the prosecution.
Orleans Parish School Board Member Ira Thomas, Charged with Conspiracy to Commit Federal Bribery and Honest Services Wire FraudRead the Press Release
U.S. Attorney Kenneth A. Polite and Michael Anderson, Special Agent in Charge of the Federal Bureau of Investigations (“FBI”), New Orleans Field Division, announced that IRA THOMAS, 56, of New Orleans, and a member of the Orleans Parish School Board (“OPSB”), was charged today in a one-count bill of information charging him with conspiracy to commit bribery and honest services wire fraud.
According to the Bill of Information, beginning in September 2013 and continuing until January 2015, THOMAS and several others participated in a conspiracy to commit bribery and honest services wire fraud.
The Bill of Information alleges that THOMAS, in his role as an Orleans Parish School Board Member, engaged in a scheme to defraud Orleans Parish and its citizens of his honest services through bribery and a kickback scheme. It is further alleged that THOMAS used his public office and official capacity to provide favorable treatment, including attempting to facilitate the awarding of a contract, that was designed to benefit the business and financial interest of an individual who provided him with a bribe and kickback in the form of cash payment disguised as a campaign contribution.
“Today’s announcement should send a message to those public officials who are engaging in corruption, or are even contemplating doing so,” stated U.S. Attorney Polite. “Everyone in this community – law enforcement, average residents, your co-workers, even those who you believe are trusted co-conspirators – will eventually work together to turn a spotlight on your criminality.”
"Sadly, this public corruption conspiracy strikes at the heart of two of the most important issues currently facing New Orleanians, education, and indirectly, public safety,” stated FBI Special Agent in Charge Michael Anderson. “While any public corruption is intolerable, the FBI will remain particularly vigilant when these types of social issues are impacted."
According to the Bill of Information, in September 2013 a cooperating witness (“CW”) was approached by an OPSB employee, who offered the CW a janitorial services contract that would soon be up for bid by the OPSB in exchange for a monetary payoff. During the fall of 2013, the CW, THOMAS, the OPSB employee, and at times another private citizen, met to discuss this contract. These conversations were recorded by the CW with the assistance of the FBI. Ultimately, it was decided that the CW would pay $5,000 to THOMAS in the form of a “campaign contribution” in exchange for THOMAS’ and the OPSB employee’s assistance regarding the janitorial services contract. In December 2013, the CW delivered $5,000 in cash to the private citizen acting as a conduit for THOMAS, which was video recorded. This money was then delivered to THOMAS. During the fall of 2014, THOMAS and the OPSB employee discussed over recorded telephone conversations how to alter the bid process so that the CW would be given an improper advantage in bidding for the janitorial services contract, which was valued over $5,000.
If convicted of conspiring with others to commit bribery and honest services wire fraud, THOMAS faces statutory penalties of up to five years in prison, a $250,000 fine and three years of supervised release.
The Bill of Information also contains Notice of Forfeiture which puts the defendant on notice that the Government intends on forfeiting any and all property and profits concerned with and/or derived from any illegal activity referenced in the Bill of Information.
U. S. Attorney Polite reiterated that today’s Bill of Information describes allegations 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 U.S. Attorney Sean Toomey is in charge of the prosecution.
Two Defendants from Operation “Wild Wild East” SentencedRead the Press Release
U.S. Attorney Kenneth A. Polite announced that AMBROSE WILLIAMS, age 44, and ANTOINETTE KELLY, age 32, both of New Orleans, were sentenced today after having previously pled guilty to charges relating to their conspiracy to distribute and to possess with intent to distribute heroin.
U.S. District Judge Carl Barbier sentenced WILLIAMS, who pled guilty to one count of conspiracy to distribute and possess with intent to distribute over one kilogram of heroin, to 120 months incarceration, to be followed by five years of supervised release. KELLY, who pled guilty to one count of distributing a quantity of heroin, was sentenced to 15 months incarceration, to be followed by three years of supervised release.
WILLIAMS and KELLY were two of twelve defendants charged in a 23-count indictment on July 25, 2014. According to court documents, this indictment sprung from an investigation into a heroin-trafficking organization operating in New Orleans East. This organization was responsible for distributing at least 15 kilograms of heroin in the New Orleans area. As part of the arrests in this case, federal agents have seized from the twelve defendants approximately $1,200,000 in assets (a combination of vehicles, currency, jewelry, and real property) as proceeds made from the sale of heroin.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration in investigating this matter. Assistant United States Attorney Brandon S. Long was in charge of the prosecution.
New Orleans Woman Sentenced for Making False Statements on Tax ReturnsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JULIE MERLIN ZANCO, age 44, of New Orleans, was sentenced today after previously pleading guilty to making false statements on income tax returns.
U.S. District Judge Carl J. Barbier sentenced ZANCO to serve three years probation and pay $9,838 in restitution.
According to the court documents, in or about May 2012, ZANCO’S husband learned that someone had opened a brokerage account in his name and used that account to acquire collateralized mortgage obligations (CMOs), a type of bond that bore value from interest generated upon its sale, by fraudulent means. Even though they knew that the CMOs were not theirs, ZANCO and her husband gained control of the accounts and arranged for the interest proceeds of the CMOs to be diverted to other financial accounts under their control. Between about March 18, 2013, and November 18, 2013, ZANCO used the funds, totaling approximately $54,980, to engage in a variety of financial transactions for her personal use, including purchasing a boat. ZANCO failed to report the $54,980.00 as taxable income on her Tax Year 2013 tax return. As a result of her failing to report this income on her tax return, she received an $838 refund, while she should have been obligated to pay approximately $9,000 in tax to the Internal Revenue Service.
U.S. Attorney Polite praised the work of the Internal Revenue Service – Criminal Investigations and the Federal Bureau of Investigation. Assistant United States Attorney Jordan Ginsberg was in charge of the prosecution.
Mexican National Sentenced for Immigration OffenseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that APOLINAR MONJE-SANCHEZ, age 42, a native of Mexico, was sentenced today after previously pleading guilty to a one-count indictment for illegal entry of a removed alien.
U.S. District Court Judge Susie Morgan sentenced MONJE-SANCHEZ to time served, which was five months. MONJE-SANCHEZ will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
According to court documents, the defendant was encountered by federal agents at the Union Passenger Terminal in New Orleans on October 1, 2014. MONJE-SANCHEZ had previously been removed from the United States on April 29, 2010.
U.S. Attorney Polite praised the work of the U.S. Customs and Border Protection agency in investigating this matter. Assistant United States Attorney Jon Maestri was in charge of the prosecution.
Honduran National Sentenced for Illegally ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that FELIX HUMBERTO FIGUEROA-LOPEZ, age 42, a Honduran citizen, was sentenced today after having previously pled guilty to a one-count Indictment for illegal reentry of a removed alien.
U.S. District Judge Carl J. Barbier sentenced FIGUEROA-LOPEZ to 15 months imprisonment followed by three years of supervised release, and a $100 special assessment. Following his incarceration, FIGUEROA-LOPEZ will be surrendered to the custody of the U.S. Immigration & Customs Enforcement for removal proceedings.
According to court documents, on or about August 16, 2014, Jefferson Parish Sheriff deputies arrested FIGUEROA-LOPEZ for disturbing the peace/fighting. The deputies then contacted agents of the U.S. Immigration and Customs Enforcement, who discovered that FIGUEROA-LOPEZ was a Honduran national who had been previously deported from the United States in 1999 and 2004. ICE agents confirmed that FIGUEROA-LOPEZ had again illegally reentered the United States without inspection by a United States Immigration official. Agents placed an ICE detainer on FIGUEROA-LOPEZ in order to hold him for criminal prosecution.
U.S. Attorney Polite praised the work of the Immigration and Customs Enforcement Agency in investigating this matter. Assistant United States Attorney Rick Veters was in charge of the prosecution.
Honduran National Sentenced for Illegally ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOSE EDGARDO CANALES-MADRID, age 25, a citizen of Honduras, was sentenced after previously pleading guilty to a one-count Bill of Information for illegal reentry of a removed alien.
U.S. District Judge Carl J. Barbier sentenced CANALES-MADRID to times served, which was approximately three months imprisonment, and a $100 special assessment. CANALES-MADRID will be surrendered to the custody of the U.S. Immigration & Customs Enforcement for removal proceedings.
According to court documents, CANALES-MADRID was found in the United States on December 1, 2014 after having been officially deported and removed on or about October 6, 2011.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, U.S. Border Patrol in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Gretna Woman Charged with Theft of Government FundsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that THERA ELLISON, age 58, a resident of Gretna, was charged today with theft of government funds.
According to the Indictment, ELLISON received Federal Emergency Management Agency assistance in order to replace a Hurricane Katrina-damaged school building. It is alleged that ELLISON spent some of the funds on improper purposes, including her own personal benefit, even though she had represented that the funds would be used to pay specific expenses related to the replacement of the building.
If convicted, ELLISON faces up to ten years’ incarceration and a fine of up to $250,000. 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 Federal Bureau of Investigation and the Department of Homeland Security - Office of Inspector General in investigating this matter and thanked the Office of Louisiana Legislative Auditor for its assistance. Assistant U.S. Attorney Chandra Menon is in charge of this prosecution.
Assumption Parish Men Indicted for Violations of the Federal Controlled Substances ActRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TOMMY THOMPSON, age 29, a resident of Napoleonville, and STACEY MATTHEWS, age 43, a resident of Thibodaux, were charged on February 12, 2015, in a twenty-count Indictment for violations of the Federal Controlled Substances Act. The indictment was recently unsealed.
According to the Indictment, THOMPSON and MATTHEWS were engaged in a conspiracy to sell cocaine hydrochloride. THOMPSON was also indicted on conspiring to distribute crack cocaine as well as several counts of distributions of crack cocaine, cocaine hydrochloride and marijuana. In addition, THOMPSON faces charges of possessing a firearm in furtherance of his drug trafficking trade and for being a convicted felon in possession of a firearm in violation of the Federal Gun Control Act. MATTHEWS was indicted for distributing cocaine hydrochloride.
Cocaine Hydrochloride Conspiracy charge – THOMPSON and MATTHEWS
- maximum of 20 years imprisonment
- maximum fine of $1,000,000
- minimum 3 years of supervised release
Crack Cocaine Conspiracy charge – THOMPSON
- maximum of 20 years imprisonment
- maximum fine of $1,000,000
- minimum 3 years of supervised release
Distribution of crack cocaine charge – THOMPSON
- maximum of 40 years imprisonment
- maximum fine of $5,000,000
- minimum of 4 years of supervised release
Distribution of powder cocaine charge – THOMPSON
- maximum of 20 years imprisonment
- maximum fine of $1,000,000
- minimum 3 years of supervised release
Distribution of marijuana charge – THOMPSON
- maximum of 20 years imprisonment
- maximum fine of $1,000,000
- minimum of 3 years of supervised release
Possession a firearm in furtherance of drug trafficking charge – THOMPSON
- minimum of 5 years up to life imprisonment
Being a convicted felon in possession of a firearm charge – THOMPSON
- maximum 10 years imprisonment
- maximum fine of $250,000
- maximum of 3 years of supervised release
Distribution of cocaine hydrochloride charge – MATTHEWS
- maximum 10 years imprisonment
- maximum fine of $1,000,000
- minimum of 3 years of supervised release
U. S. Attorney Polite reiterated that the indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration, the Louisiana State Police and the Assumption Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney Rick Veters is in charge of the prosecution.
Xplor Energy Sentenced for Felony Clean Water Act ViolationRead the Press Release
XPLOR Energy SPV-1, Inc. (“XPLOR”), an Oklahoma corporation based in Southlake, Texas, was sentenced today for violating the Clean Water Act. U.S. District Judge Sarah S. Vance sentenced the company to serve three years of probation and pay a $3.1 million monetary penalty. The monetary penalty includes payments of $2.5 million to the United States Treasury, $600,000 to the Louisiana Department of Environmental Quality Trust Fund. In November 2014, XPLOR pled guilty to one felony count of knowingly discharging produced water in the Breton Sound Area of the Gulf of Mexico in violation of the Clean Water Act, Title 33, United States Code, Section 1319(c)(2)(A).
According to court documents, from on or about November 24, 1997, until November 18, 2011, XPLOR operated the MP 35 offshore facility (“MP 35 Platform”). XPLOR operated the MP 35 Platform for the purpose of extracting oil and natural gas.
As part of the oil and gas production, separation and processing, XPLOR was tasked with disposing of the pollutant known as “produced water” or “brine” which is produced with the extracted oil and natural gas. The MP 35 Platform was designed to dispose of this pollutant by forcing the produced water, under pump generated pressure, into disposal/injection wells located in Gulf of Mexico waters near the MP 35 Platform.
In or near November 2011, XPLOR transferred ownership and operation to another corporation. The platform’s new owner quickly discovered the platform was continuously discharging produced water containing oil and other harmful substances into the waters of the United States. The new owner immediately contacted regulatory authorities to report the discharge. The ensuing investigation revealed that XPLOR had knowingly discharged produced water containing oil into waters of the United States without any permit from faulty injection lines/pipes leading from the platform to the disposal wells used to store the produced water containing oil, and from produced water disposal wells which had insufficient capacity to hold the produced water. Despite knowing of this consistent discharge from the injection lines and the insufficient capacity of their disposal wells, XPLOR failed to adequately repair these faulty injection lines and disposal wells. XPLOR’s intentional failure to make these repairs resulted in the repeated discharge of produced water containing oil into the waters of the United States from in or near October 2009, and continuing through to November 18, 2011. XPLOR’s actions resulted in a total monetary savings or gain to them in the amount of approximately $1,550,000.
“Our Office will continue to work with its law enforcement partners to pursue charges against individuals and corporations whose illegal conduct threatens our region’s natural resources and public health,” stated U.S. Attorney Kenneth A. Polite.
“Developing domestic sources of energy must be done responsibly and safely,” said Daniel J. Pflaster, Acting Special Agent in Charge of EPA’s criminal enforcement program in Louisiana. “EPA will continue to work with its law enforcement partners to hold companies accountable for illegal conduct, and to assure compliance with laws that protect the public and the delicate Gulf Coast ecosystem from harm.”
“The Louisiana Department of Environmental Quality will not tolerate any business, corporation or individual that bypasses state and federal laws for personal, professional or monetary gain,” stated Peggy Hatch, Secretary of the Louisiana Department of Environmental Quality. “We take unpermitted discharges very seriously and will continue to aggressively prosecute those found to be in violation of environmental regulations.”
U.S. Attorney Polite praised the work of the Criminal Investigation Division of the United States Environmental Protection Agency (“EPA-CID”) and the Criminal Investigation Division of the Louisiana Department of Environmental Quality (“DEQ-CID”) in investigating this matter. Assistant United States Attorney Emily K. Greenfield was in charge of the prosecution.
St. Charles Parish Tax Preparer Sentenced to 18 Months ImprisonmentRead the Press Release
U.S. Attorney Kenneth A. Polite announced that LASHANDA VINNETT, age 30, of Destrehan, was sentenced today for conspiracy to defraud the United States and, specifically, the Internal Revenue Service.
United States District Court Judge Ivan L.R. Lemelle sentenced VINNETT to 18 months incarceration, 3 years supervised release and restitution in the amount of $1,092,681.43 to the United States. On October 21, 2014, co-defendant CATHY VINNETT, LASHANDA’s mother, was sentenced to 41 months incarceration.
According to court documents, CATHY VINNETT opened the D&C Tax Service in 2006, and in 2008, CATHY VINNETT and LASHANDA VINNETT (“the VINNETTs”) created River Parish Tax Professionals (“River Parish”). River Parish was established by the VINNETTs for the purpose of filing fraudulent tax returns. The VINNETTs, through their company, River Parish, filed approximately 310 tax returns which falsely claimed the First-Time Homebuyer Credit, the Earned Income Tax Credit, as well as the listing of false dependents, resulting in approximately $1.845 million in fraudulent tax refunds. Prior to today’s proceeding, the IRS seized approximately $482,000 in illegal proceeds from bank accounts controlled by the VINNETTs. In addition, the IRS successfully detected and prevented approximately $270,000 in intended fraudulent refunds before they were processed.
The VINNETTs utilized recruiters to locate potential clients. These recruiters advised potential clients that the federal Government was giving out stimulus money and instructed the individuals to visit River Parish in order to obtain their money. The VINNETTs would interview clients at their office in LaPlace, Louisiana, to obtain their personal information including their name, address, and Social Security Number. The VINNETTs used that personal information to file false tax returns. The clients had no knowledge that the VINNETTs were filing false returns in their names.
Further, the VINNETTs specifically attempted to conceal and shield CATHY’s identity from the IRS, knowing that the IRS had previously suspended CATHY’s Electronic Filing Identification Number as a result of another fraudulent tax scheme involving D&C Tax Service.
“I want to commend the IRS-CI for their exemplary work investigating River Parish Tax Professionals and its owner, Cathy Vinnett, and her daughter, Lashanda Vinnett,” stated U.S. Attorney Kenneth A. Polite. “The U.S. Attorney’s Office will continue to work closely with our law enforcement partners to prevent fraud on any level and, in particular, those individuals who prepare and file fraudulent tax returns.”
Acting Special Agent in Charge, Jerome R. McDuffie, of the IRS – Criminal Investigation New Orleans Field Office, stated, “We are very pleased with the sentences imposed by the court in this matter. Cathy and Lashanda Vinnett used their business to defraud the government and to take advantage of unsuspecting taxpayers. Lengthy prison sentences will allow them ample time to consider the seriousness of their crimes. IRS-CI is diligent in our efforts to combat return preparer fraud. As filing season is still underway, I would like to encourage taxpayers to exercise caution when choosing a return preparer, and also to report those they suspect of wrongdoing.”
U.S. Attorney Polite praised the work of the Internal Revenue Service-Criminal Investigation Division in investigating this matter. Fraud Unit Chief and Assistant U. S. Attorney Brian M. Klebba and Assistant U.S. Attorney Matthew Payne were in charge of the prosecution.
Memphis Man Pleads Guilty in Connection with Sex Trafficking SchemeRead the Press Release
WASHINGTON – Today, Laquentin Brown, aka “Nino,” 32, originally of Memphis, Tennessee, pleaded guilty to conspiring to engage in sex trafficking of adult victims in New Orleans and elsewhere, announced Acting Assistant Attorney General Vanita Gupta of the Justice Department’s Civil Rights Division and United States Attorney Kenneth Allen Polite Jr. of the Eastern District of Louisiana. Brown also pleaded guilty to one count of transportation for purposes of prostitution.
According to Brown’s admissions in court in the course of his guilty plea hearing and documents filed in the case, Brown—together with co-defendants Granville Robinson, aka “Bear” and “HB”; Duane Phillips, aka “P-nut”; Anthony Ellis, aka “Anthony Deshun Lloyd,” “Animal,” and “AD”; and Christopher Williams, aka “Gutter,” all of whom are from Memphis, Tennessee—conspired to target adult, U.S. citizen women, whom they recruited, groomed, and forced and coerced to engage in prostitution. Brown and his co-defendants maintained control over the women by enforcing rules, including requiring the women to earn a certain amount of money each day and requiring the women to turn over the earnings to the conspirators.
The defendants also enforced rules prohibiting the women from speaking to or looking at another pimp, and some of the co-conspirators took the women’s identification. In addition to requiring the women to prostitute in New Orleans, the co-conspirators on occasion transported the women to other states to engage in prostitution. The co-conspirators enforced the rules and compelled the women’s continued engagement in prostitution for the co-conspirators’ profit by using physical beatings, withholding of food and other punishments.
“These defendants preyed on vulnerable women and cruelly exploited them for profit,” said Acting Assistant Attorney General Gupta. “At the Department of Justice, we will continue to enforce our human trafficking laws to restore the rights, freedom and dignity to victims of this modern-day slavery.”
“These defendants brought vulnerable women to New Orleans to engage in commercial sex trafficking,” said U.S. Attorney Polite. “These crimes often pass without detection because victims live in fear from physical abuse, threats and other forms of coercion. My office is committed to prosecuting individuals who manipulate victims into committing commercial sex acts and profit from this illegal conduct.”
“This investigation and prosecution should serve as a clear reminder to all those individuals engaged in the heinous crime of sex trafficking that the full force of federal law enforcement, across geographical boundaries, will bring them to swift justice,” said Special Agent in Charge Michael Anderson of the FBI’s New Orleans Office.
“Human trafficking is a form of modern-day slavery that Homeland Security Investigations fights as one of its highest priorities via a coordinated global effort with the FBI and our state and local law enforcement partners,” said Special Agent in Charge Raymond R. Parmer Jr. of Homeland Security Investigations (HIS) New Orleans. “The results speak for themselves; over the past two years HSI has doubled its number of human trafficking arrests. HSI will continue to investigate and seek prosecution of these criminals while also ensuring the victims of this terrible crime are rescued and get the care they need.”
At sentencing, Brown faces a maximum of ten years for transporting women for purposes of prostitution, and a maximum of five years for conspiracy to engage in sex trafficking. A sentencing hearing is scheduled for June 17, 2015.
On Oct. 3, 2014, a federal Grand Jury in the Eastern District of Louisiana returned a nine-count indictment charging Robinson, Phillips, Ellis and Williams with conspiring to engage in sex trafficking by force, fraud and coercion. The indictment also charged Robinson, Phillips and Williams with sex trafficking by force, fraud and coercion and with interstate transportation for prostitution. The indictment also charged motel owner Kanubhai Patel, age 73, of Kenner, Louisiana, with benefiting financially from participation in the sex trafficking venture. An indictment is merely a charge and the guilt of the defendants must be proven beyond a reasonable doubt.
On June 25, 2014, Zacchaeus Taylor, aka “Little Z,” “Little Zay,” and “Little 5,” pleaded guilty in connection with the scheme. Taylor is scheduled for trial on April 20, 2015.
The New Orleans Field Offices of the FBI and Department of Homeland Security-Homeland Security Investigations are investigating the case with assistance from the FBI’s Memphis Field Office. This case is being prosecuted by Special Litigation Counsel John Cotton Richmond and Trial Attorney Christine M. Siscaretti of the Civil Right Division’s Human Trafficking Prosecution Unit, and Assistant United States Attorney Julia K. Evans of the Eastern District of Louisiana.
Larose Man Sentenced for Misuse of a Coast Guard LicenseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that STEVEN BOURG, 51, of LaRose, was sentenced today for misuse of a federal license.
U.S. District Judge Kurt D. Engelhardt sentenced BOURG to five years probation.
According to court documents, on or about October 10, 2012, Daigle Towing in Belle Chasse informed the Coast Guard that it had hired BOURG to captain the uninspected towing vessel (UTV) Mason Ray but that BOURG had been found asleep while on watch. The Coast Guard checked the Marine Information for Safety and Law Enforcement database and found that since 2007, when he had voluntarily surrendered the license, BOURG had not possessed a merchant mariner license as issued by the Coast Guard and as required to captain a towing vessel.
The investigation revealed that BOURG had submitted an altered merchant mariner license with his application to Daigle Towing. The license was in the name of BOURG, but listed the issuance date as January 2009 and the expiration date as January 2014. BOURG had not been issued a license nor had his license renewed in January 2009. As a result of BOURG’s submission of the altered license, he had been employed by Daigle Towing from September 19, 2012, until September 25, 2012. Prior to being employed by Daigle Towing, BOURG had used the altered license to apply and obtain employment with Triple C Towing, LLC, in Houma, Louisiana. BOURG applied to Triple C Towing on or about July 19, 2011, and ended his employment on or about February 1, 2012.
U.S. Attorney Polite praised the U.S. Coast Guard in investigating this matter. Assistant United States Attorney Emily K. Greenfield was in charge of the prosecution.
Honduran National Sentenced for Violating the Federal Gun Control ActRead the Press Release
U.S. Attorney Kenneth A. Polite announced that SANTOS GAVARRETE-NATAREN, 36, a native of Honduras, was sentenced today for knowingly delivering a firearm to a common carrier without written notice.
U.S. District Judge Kurt D. Engelhart sentenced GAVARRETE-NATAREN to 24 months incarceration, followed by 5 years of supervised release and a $1,000 fine.
According to court documents, on or about December 2, 2013, Dip Shipping, a common carrier based in Kenner, received a plastic container for international shipment at its West Bank drop-off location. The container was purportedly from Alfredo Barahona, addressed to Yessenia Martinez in Yoro, Honduras. The shipping label noted that the shipment contained kitchen items and shoes.
While scanning packages with a company-owned X-ray machine, a Dip Shipping employee observed the image of two firearms inside the container. On December 9, 2013, HSI Special Agents were notified of the discovery and responded to Dip Shipping. Upon inspecting the container, the agents discovered that it contained a Smith & Wesson model 642, .38 revolver (SN: CJJ4544) and a Lorcin model L380, .380 semi-automatic handgun (SN: 125407).
HSI agents determined that GAVARRETE shipped the package. GAVARRETE admitted that he did not apply for an export license to ship the firearms. Further, he did not advise Dip Shipping that the package contained firearms.
U.S. Attorney Polite praised the work of the Homeland Security Agents investigating this matter. Assistant United States Attorney Emily K. Greenfield was in charge of prosecuting this case.
Mexican National Pleads Guilty to Illegally ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOEL CANUL-CAUICH, age 26, a citizen of Mexico, pled guilty today to a one-count Bill of Information for illegal reentry of removed alien.
According to the Bill of Information, on or about January 20, 2015, CANUL-CAUICH was found in the United States after having been officially deported and removed on or about April 20, 2010.
CANUL-CAUICH 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 April 16, 2015.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, U.S. Border Patrol in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Kenner Man Arrested for Receipt of Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that STEVEN GAETA, age 41, of Kenner, was arrested by federal law enforcement authorities today for crimes involving the sexual exploitation of children.
According to court records, on February 27, 2015, GAETA was indicted by a federal grand jury as a result of a child exploitation investigation conducted by the U.S. Department of Homeland Security-Homeland Security Investigations (“HSI”). According to records unsealed today, HSI agents executed a federal search warrant at GAETA’s residence after determining he was downloading images depicting the sexual victimization of children through the use of Peer to Peer file sharing software.
If convicted, GAETA faces a mandatory minimum penalty of five years and a maximum penalty of twenty years, followed by up to a lifetime term of supervised release, and a $250,000 fine.
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.
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-HSI in investigating this matter. Project Safe Childhood Coordinator and Fraud Unit Chief, Assistant U.S. Attorney Brian M. Klebba is in charge of the prosecution.
Postal Worker Indicted for Delay or Destruction of MailRead the Press Release
U.S. Attorney Kenneth A. Polite announced that AVA SMITH, age 21, of Harvey, was indicted today for delay or destruction of mail.
According to the Indictment, on December 16, 2014, the Office of Inspector General for the United States Postal Service (“Postal OIG”) received information that a significant amount of First Class and Standard mail had been discarded. It was determined that the mail was to be delivered on December 8, 2014, by postal carrier SMITH. A review of the discarded mail revealed 573 pieces of First Class Mail, 142 pieces of Standard Mail, and 30 pieces of Non-Profit Mail. The First Class Mail included bank and insurance statements/invoices, credit card and other bills/statements.
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.
If convicted, SMITH faces a maximum penalty of five years imprisonment, followed by up to three years of supervised release, and a $250,000 fine.
U.S. Attorney Polite praised the work of the U. S. Postal Inspection Service, Office of Inspector General in investigating this matter. Fraud Unit Chief, Assistant U. S. Attorney Brian M. Klebba is in charge of the prosecution.
New Orleans Woman Indicted for Submitting False Documents to the Road Home ProgramRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DEBORAH FORTNER, age 52, of New Orleans, was indicted today for submitting false documents to the Louisiana Road Home Program (“LRHP”), a federally-funded agency.
According to the Indictment, FORTNER applied for a LRHP grant to renovate her home after Hurricane Katrina. In 2007, Fortner was awarded a $97,899 grant from the LRHP. In 2011, the LRHP contacted FORTNER to request proof of pre-storm occupancy related to her property. As a result of the request, FORTNER faxed a copy of an altered bank statement to the LRHP. The mailing address on the bank statement had been changed by FORTNER to make it appear that FORTNER was receiving mail at that property prior to Hurricane Katrina.
In 2013, the LRHP again contacted FORTNER and requested proof of occupancy related to her property. In response to LRHP’s request, FORTNER faxed a copy of a New Orleans Sewerage and Water Board (“S&WB”) statement to the LRHP. The submitted S&WB document falsely contained the address of the property. The false documents were submitted by FORTNER to the LRHP in order to prove compliance with the grant covenants and to prevent FORTNER from having to pay the funds back to the LRHP.
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.
If convicted, FORTNER faces a maximum penalty of five years imprisonment, followed by up to three years of supervised release, and a $250,000 fine.
U.S. Attorney Polite praised the work of the U.S. Department of Housing and Urban Development- Office of Inspector General and the Federal Bureau of Investigation in investigating this matter. Fraud Unit Chief, Assistant U. S. Attorney Brian M. Klebba is in charge of the prosecution.
N.O. Man Sentenced for Conspiracies to Commit Arson, Traffick Heroin and Possess FirearmsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that LARRY MOSES, age 33, of New Orleans, was sentenced yesterday after having previously pled guilty to four counts of conspiring to commit arson and, in fact, committing arson. MOSES also previously pled guilty to one count of conspiring to traffick a quantity of heroin as well as one count of conspiring to use and possess firearms in furtherance of his drug trafficking.
U.S. District Judge Susie Morgan sentenced MOSES to 150 months imprisonment followed by 3 years of supervised release, and a $600 special assessment.
According to court records, during May and June of 2010, MOSES approached co-defendant LENNIE BROWN and offered him $1,500 to commit arson at the convenience store connected with the Fuel Zone gas station located on Chef Menteur Highway. On June 5, 2010, MOSES and BROWN drove together to a nearby gas station to purchase gasoline which was subsequently poured into a plastic bottle. MOSES and BROWN then drove directly to the Fuel Zone gas station. BROWN exited the vehicle, entered the convenience store, squired the gasoline onto the contents of the shelves and, using a lighter given to him by MOSES, lit the gasoline he had just squired onto the shelves. As the shelves ignited in fire, BROWN fled the store and was driven away from the scene by MOSES. The Fuel Zone convenience store suffered approximately $5,000 worth of damage due to this arson.
Shortly after the June 5, 2010 arson, MOSES informed BROWN that not enough damage had been done to the convenience store and that BROWN would not be paid until an additional arson was carried out and more substantial damage was incurred. BROWN subsequently approached co-defendant MICHAEL COLLINS and asked COLLINS if he was interested in committing an arson at the store in exchange for payment of $500. COLLINS agreed. BROWN then contacted MOSES and informed him that COLLINS had agreed to perform an arson at the store. MOSES then specifically instructed BROWN that the store should be damaged by means of fire and that the fire should be started near the cash register area of the store.
On the evening of June 21, 2010, BROWN and COLLINS drove to a nearby gas station and purchased gasoline and three glass bottles. Using the gas and the bottles, BROWN and COLLINS proceeded to make three “Molotov Cocktails,” using a torn t-shirt as the wick. At approximately 1:00 a.m., BROWN and COLLINS then drove to the Fuel Zone gas station where COLLINS entered the store and proceeded to light and throw the three Molotov Cocktails in the area behind the cash register area. The store cashier shot COLLINS in the leg as COLLINS was throwing the Molotov Cocktails. BROWN fled the scene in the car and COLLINS was taken to University Hospital and arrested. Phone records showed numerous phone calls between BROWN and MOSES while the June 22, 2010 arson was taking place.
Court records also show that on December 21, 2009, MOSES and co-defendant STANLEY BERNIARD were stopped by New Orleans Police Department officers for a traffic violation. During this traffic stop, officers observed a firearm in plain view on the backseat of the vehicle. The officers then searched the vehicle and found three additional firearms. Subsequently, on December 24, 2009, New Orleans Police Department officers executed another vehicle stop on MOSES and BERNIARD for a traffic violation. As BERNIARD exited the vehicle, he informed the officers that he was armed. MOSES was found to be in possession of a firearm as well. During a subsequent K-9 search of the vehicle, 40 foils of heroin (totaling 9 grams) were found in the vehicle’s headliner. Officers also confiscated $2,392 of United States currency from BERNIARD.
BROWN pled guilty and was sentenced to 60 months incarceration, 3 years of supervised release, and a $600 special assessment. COLLINS was sentenced to 140 months incarceration, 3 years of supervised release, and a $600 special assessment. All defendants are liable for restitution in the amount of $331,365.87.
U.S. Attorney Polite praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives, as well as the New Orleans Fire Department and the New Orleans Police Department in investigating this matter. Assistant United States Attorney Rick Veters was in charge of the prosecution.
Mexican National Sentenced for Illegally ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that LAZARO CARBAJAL-AVILES, age 43, a Mexican citizen, was sentenced today after having previously pled guilty to a one-count Indictment for illegal reentry of a removed alien.
U.S. District Judge Eldon E. Fallon sentenced CARBAJAL-AVILES to seven months imprisonment followed by one year of supervised release, and a $100 special assessment. Following his incarceration, CARBAJAL-AVILES will be surrendered to the custody of the U.S. Immigration & Customs Enforcement for removal proceedings.
According to court documents, on or about July 30, 2014, CARBAJAL-AVILES was encountered by agents of the Louisiana Wildlife Enforcement Agency while officers were patrolling Bayou Point-aux-chien in Lafourche Parish. Agents observed a vessel with several sacks of oysters on board. Agents then conducted a license check on the vessel and the vessel’s captain, CARBAJAL-AVILES. Agents then arrested CARBAJAL-AVILES for fishing without a license, harvesting oysters without a valid license and filing false public records. Agents also discovered that CARBAJAL-AVILES was present in the United States illegally and, as such, contacted US Immigration & Customs Enforcement.
An ICE records check confirmed that CARBAJAL-AVILES had been previously deported from the United States on three occasions and that he has no legal status in the United States. Accordingly, ICE agents arrested CARBAJAL-AVILES and placed an immigration hold on him.
U.S. Attorney Polite praised the work of the Immigration and Customs Enforcement Agency in investigating this matter. Assistant United States Attorney Rick Veters is in charge of the prosecution.
Mexican National SentencedRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ANGEL LARA-MERIDA, age 44, a native of Mexico, was sentenced yesterday on a one-count Indictment for making a false claim of citizenship in order to obtain employment, in violation of Title 18, United States Code, Section 1015(e).
U.S. District Judge Sarah S. Vance sentenced LARA-MERIDA to time served, which was seven months. LARA-MERIDA will be surrendered to the custody of the U.S. Immigration & Customs Enforcement for removal proceedings.
According to court documents, officers with the Kenner Police Department and Special Agents of Immigration and Customs Enforcement (“ICE”), responded to a request for assistance call made from a location in Kenner. They met with the caller in person, who stated that he received a notice from the Internal Revenue Service (“IRS”) that showed he owed $2,443 in taxes. The caller stated that this was inaccurate, and that he never worked for the company listed on the notice.
The investigation determined that LARA-MERIDA had used the name of the caller in order to obtain employment. ICE agents then determined that LARA-MERIDA had worked for a company in the area. An agent obtained employment records which showed that he had used a Texas Identification card and Social Security card in the name of the caller. The Social Security card he used contained the caller’s Social Security number.
LARA-MERIDA admitted to ICE agents that he used the false documents on January 30, 2012, to obtain employment. When he filled out the employment form, LARA-MERIDA provided the company with the Social Security card belonging to the caller, which also contained his Social Security number. A Homeland Security Form I-9 (Employee Eligibility Verification) was also completed by LARA-MERIDA. The Form I-9 shows that he attested, under penalty of perjury, that he was a United States citizen. The form I-9 contains his signature declaring that the information that he provided on the form is true, when in fact he knew that he was not a United States citizen. LARA-MERIDA also admitted that he was an alien and citizen of Mexico and that he did not have permission to reenter the United States.
U.S. Attorney Polite praised the work of the Department of Homeland Security and the Kenner Police Department in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Marrero Man Sentenced to 25 Years in Prison on Federal Drug and Gun ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that STOKLEY AUSTIN, age 33, of Marrero, was sentenced yesterday after previously pleading guilty to distribution and possession with the intent to distribute five kilograms or more of cocaine hydrochloride and a quantity of cocaine base (“crack”), possession of firearms in furtherance of a drug trafficking crime, and to being a felon in possession of a firearm.
U.S. District Judge Ivan L.R. Lemelle sentenced AUSTIN to 25 years in prison for his role in a large-scale drug conspiracy involving five kilograms or more of cocaine hydrochloride and related firearms offenses.
According to court documents, the conspiracy involved multiple kilogram quantities of powder cocaine being transported into the New Orleans metropolitan area and delivered to AUSTIN and his associates. At the time of AUSTIN’s arrest on July 23, 2013, agents discovered approximately 2485.7 gross grams of powder cocaine, approximately 39.7 gross grams of crack cocaine, approximately $45,870 cash, a loaded Smith and Wesson .22 caliber rifle, a loaded Ruger P-89 9mm semi-automatic pistol, in addition to drug distribution and packaging materials at his residence. On that same date, an associate of AUSTIN’s was arrested at the associate’s residence where agents discovered approximately 1907 gross grams of powder cocaine, approximately 63 gross grams of crack cocaine, approximately 269 gross grams of heroin, approximately $22,535 cash, and four guns: an AK-47 assault rifle, a Browning Arms 9mm pistol, a Smith & Wesson .22 caliber pistol, and Taurus 9mm pistol.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration, the Jefferson Parish Sheriff’s Office, and the Westwego Police Department in investigating this matter. Assistant U.S. Attorneys Theodore R. Carter, III and Spiro Latsis were in charge of the prosecution.
Mandeville Man Pleads Guilty to Embelzzling $2.8 Million from his EmployerRead the Press Release
U.S. Attorney Kenneth A. Polite announced that MICHAEL SAPERA, of Mandeville, pled guilty as charged today to a four-count Bill of Information which charged him with bank fraud, aggravated identity theft, and wire fraud, in violation of Title 18, United States Code, Sections 1344, 1028A, and 1343. SAPERA committed these violations when he embezzled approximately $2.8 million from his employer over a 19-year period.
According to court documents, SAPERA, a Certified Public Accountant (“CPA”), was employed at Company “A,” a retail clothing business headquartered in New Orleans, beginning in 1990. SAPERA most recently functioned as the Chief Financial Officer (“CFO”) and Director of Information Technology for Company “A.” As the CFO of Company “A,” SAPERA had access to all corporate bank accounts as well as access to the corporate PayPal account.
First, beginning in July 1996, and continuing through April 2014, SAPERA stole approximately $2,192,500 in corporate checks belonging to Company “A.” SAPERA forged the signature of his employer on approximately 430 stolen corporate checks which SAPERA then endorsed to himself. SAPERA then deposited the stolen checks into his personal bank account.
Next, beginning on July 15, 2011, and continuing to August 18, 2014, SAPERA transferred corporate funds from Company “A’s” bank account to SAPERA’s personal account without authorization, consent, or knowledge by the owners of Company “A.” In total, SAPERA initiated and caused 45 wire transfers from Company “A’s” bank account to his personal bank account totaling $582,080.
Finally, beginning on June 16, 2014, and continuing to October 1, 2014, SAPERA transferred $35,000 in corporate funds from Company “A’s” PayPal account to SAPERA’s personal PayPal account without authorization, consent, or knowledge by the owners of Company “A.” SAPERA then transferred the money into his personal bank account.
In all, SAPERA’S criminal conduct resulted in an illegal gain to him in the amount of $2,809,580, and caused his employer/victim, Company “A,” to incur a total loss for restitution purposes of approximately $2,847,752.
As part of the guilty plea, SAPERA executed a plea agreement and factual basis summarizing the evidence in support of the charges contained in the Bill of Information. U.S. District Judge Eldon E. Fallon set sentencing on May 28, 2015.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Deputy Chief of the Criminal Division, Assistant United States Attorney Matt Coman is in charge of the prosecution.
Honduran National Pleads Guilty to Violations of the Federal Gun Control ActRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DENNIS NUNEZ-LACAYO, age 28, a citizen of Honduras, pled guilty yesterday to a one-count Indictment for violations of the Federal Gun Control Act.
According to court records, on or about June 4, 2014, NUNEZ-LACAYO, an alien present illegally in the United States, was found in possession of a firearm.
NUNEZ-LACAYO 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 Susie Morgan set sentencing for June 3, 2015.
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 Pleads Guilty to Illegally Reentering United StatesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ANGEL ENO CORNEJO-MORENO, age 40, a citizen of Honduras, pled guilty today to a one-count Indictment for illegal reentry of a removed alien.
According to court documents, on or about December 8, 2014, CORNEJO-MORENO was found in the United States after having been officially deported and removed on two prior occasions – June 12, 2003 and January 26, 2009.
CORNEJO-MORENO faces a maximum term of imprisonment of two years and a fine of $250,000, or the greater of twice the gross gain to the defendant, one year supervised release after imprisonment, and a $100 special assessment. U.S. District Judge Mary Ann Vial Lemmon set sentencing for May 14, 2015.
U.S. Attorney Polite praised the work of the Department of Homeland Security/Immigration and Custom Enforcement and Removal in investigating this matter. Assistant United States Attorney Rick Veters is in charge of the prosecution.
Honduran National Guilty to Immigration OffenseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOSE ORELLANA, age 35, a native of Honduras, pled guilty yesterday to a one-count Indictment for illegal entry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
According to court documents, ORELLANA was previously removed from the United States on January 15, 2010. ORELLANA was later found in the Eastern District of Louisiana on December 1, 2014, and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
ORELLANA faces a maximum term of imprisonment of two years, as well as a fine of $250,000. United States District Court Judge Ivan L.R. Lemelle set sentencing for April 8, 2015.
U.S. Attorney Polite praised the work of the U.S. Customs and Border Protection agency in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Couple Indicted in Conspiracy to Distribute CocaineRead the Press Release
U.S. Attorney Kenneth Polite announced that SHANNON DUPLESSIS age 44, of Chalmette, and SABRINA BOURGEOIS, age 33, of Marrero, were charged today in an eight-count Indictment alleging violations of federal drug and firearms laws.
In particular, DUPLESSIS and BOURGEOIS are charged with conspiracy to distribute and possess with intent to distribute over five kilograms of cocaine hydrochloride. The grand jury also indicted DUPLESSIS with possessing multiple firearms in furtherance of his drug trafficking. Both defendants are in custody pending trial.
If convicted of the drug conspiracy, each defendant faces a sentence of ten years to life in prison, a $10,000,000 fine, and at least five years of supervised release after release from prison. If convicted of possessing firearms in furtherance of his drug trafficking, DUPLESSIS faces a term of incarceration of no less than five years, a $250,000 fine, and a maximum of five years of supervised release.
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 Drug Enforcement Administration, the Plaquemines Parish Sheriff’s Office, and the Houston Police Department in investigating this matter. Assistant United States Attorney Brandon S. Long is in charge of the prosecution.
Honduran National Pleads Guilty to Illegal Reentry into the United StatesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JUAN RAMON ALVAREZ-MARTINEZ, a/k/a Juan Ramon-Alvarez, age 37, from Honduras, pled guilty yesterday to a one-count Indictment charging illegal reentry of removed alien.
According to the Indictment, ALVAREZ-MARTINEZ 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 March 7, 2005.
ALVAREZ-MARTINEZ 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 Lance M. Africk set sentencing for April 2, 2015.
U.S. Attorney Polite praised the work of the U.S. Border Patrol in investigating this matter. Assistant U.S. Attorney Gregory M. Kennedy is in charge of the prosecution.
New Orleans Woman Pleads Guilty to Theft of Social Security BenefitsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that LAVERNE ROSE, age 69, of New Orleans, pled guilty yesterday to theft of government funds.
ROSE admitted that she stole $282,400 from the Social Security Administration over the course of 23 years. According to court documents, ROSE jointly held a bank account with her father, who died in 1990. Unaware of ROSE’s father’s death, the Social Security Administration continued wiring retirement benefits for him to the account. ROSE received and spent the benefits until 2014 when the Social Security Administration learned that ROSE’s father had died. ROSE admitted that she knew the payments should have ceased and that they did not belong to her.
ROSE faces up to ten years’ incarceration and a fine of up to twice the theft amount. U.S. District Judge Kurt D. Engelhardt set sentencing for May 13, 2015.
U.S. Attorney Polite praised the work of the United States Social Security Administration in investigating this matter. Assistant U.S. Attorney Chandra Menon is in charge of this prosecution.
New Orleans Man Pleads Guilty to Bank RobberyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DERRICK MORGAN, age 37, of New Orleans, pled guilty today to bank robbery and use of a dangerous weapon in commission of same.
On September 12, 2014, MORGAN was charged in a one-count Indictment. According to the factual basis filed into the record, on Wednesday, September 3, 2014, MORGAN, who was dressed as a female, robbed the Fidelity Homestead Savings Bank located on St. Charles Avenue in New Orleans by force, violence and intimidation. Deposits made at Fidelity Homestead Savings Bank are insured by the Federal Deposit Insurance Corporation (FDIC).
U.S. District Judge Carl J. Barbier will sentence MORGAN on May 14, 2015. MORGAN faces a maximum of 25 years imprisonment, followed by 5 years of supervised release.
U.S. Attorney Polite praised the work of Federal Bureau of Investigation and the New Orleans Police Department in investigating this matter. Assistant United States Attorney Michael E. McMahon is in charge of the prosecution.
Indictment Returned Against Westbank Gang MembersRead the Press Release
U.S. Attorney Kenneth A. Polite announced the return of an Indictment charging members of a Westbank gang associated with the Harvey Hustlers with violating federal drug and firearm laws. On February 12, 2015, a federal grand jury returned the Indictment against GLEN HOUSTON, age 22, SAVANNAH HOUSTON, age 24, JARRIN HARRIS, age 21, DENVER LONDON, age 22, JOESIA WILSON, age 26, and BRITTANY CONNER, age 22, all of the Harvey area of Jefferson Parish. The Indictment was recently unsealed.
The Indictment charges all defendants with conspiracy to distribute more than 280 grams of crack cocaine, as well as conspiracy to possess firearms in furtherance of drug trafficking. All defendants are presently in custody pending trial.
All defendants are facing a sentence of ten years to life, a $10,000,000 fine, and at least five years of supervised release if convicted of conspiracy to distribute crack cocaine. If convicted of conspiracy to possess a firearm in furtherance of drug trafficking, the defendants face a sentence of twenty years to life, a $250,000 fine, and a maximum of five years of supervised release.
The Indictment is a product of an ongoing investigation into drug trafficking by this and other Westbank gangs. It represents the continued coordinated effort of the federal and state law enforcement authorities, including the United States Attorney’s Office, the Jefferson Parish District Attorney’s Office, Special Agents of the Federal Bureau of Investigations (“FBI”), and members of the Jefferson Parish Sheriff’s Office.
Assistant United States Attorney Myles Ranier is in charge of the prosecution.
Belle Chasse Man Pleads Guilty to Misuse of a Mariner LicenseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that WILLIE ENGLISH, age 41, of Belle Chasse, pled guilty today to one-count Indictment, charging him with misuse of a federal license.
According to the court record, in November 2008, ENGLISH used a fake U.S. Coast Guard Merchant Mariner’s License purporting to be a Master of vessels not more than 100 gross tons, to maintain employment as a vessel captain at Bud’s Boat Rental in Belle Chase, Louisiana. ENGLISH admitted he made the license while he was a deckhand onboard another vessel for another employer.
ENGLISH faces not more than five years imprisonment and a $250,000 fine. U.S. District Judge Mary Ann Vial Lemmon set sentencing for May 14, 2015.
U.S. Attorney Polite praised the work of the Coast Guard Investigative Service in investigating this matter. Assistant United States Attorney Emily K. Greenfield is in charge of the prosecution.
Grand Jury Returns Superseding Indictment Against Westbank Gang MembersRead the Press Release
U.S. Attorney Kenneth A. Polite announced the return of a second superseding Indictment charging members of a violent Westbank gang associated with the Harvey Hustlers with violating federal drug and firearm laws, including multiple murders and shootings. A federal grand jury returned the second superseding Indictment yesterday against Harry Smoot, 30, Frankie Hookfin, 23, Ray Woodruff, 21, Andre Addison, a/k/a “Dooda,” 23, Lance Singleton, a/k/a “Life Taker,” 24, Terrance Kelley, a/k/a “Streets,” 28, Isaac Smith, a/k/a “Ike,” 21, Joequell Lewis, a/k/a “Blow,” 27, Chris Brown, a/k/a “Ten,” 32, Richard Thomas, a/k/a “Stizzle," 39, Terrell Wade, a/k/a “T-Dog,” 39, and Clifford Sonnier a/k/a “Dut,” 25, all of Jefferson Parish. This Indictment is a product of an ongoing investigation into the violent acts in furtherance of the drug trafficking by this violent Westbank gang.
The second superseding Indictment charges all defendants with conspiracy to distribute more than one kilogram of heroin and over 280 grams of crack cocaine, six defendants with three counts of murder in furtherance of drug trafficking activities, four defendants with two counts of discharging firearms in furtherance of drug trafficking crimes, as well as multiple counts of other firearms violations. All defendants are presently in custody pending trial.
If convicted of any of the murders in furtherance of drug trafficking, the defendants will face a maximum sentence of life in prison, a $250,000 fine, and five years of supervised release. If convicted of any additional shootings in furtherance of drug trafficking, the defendants face a mandatory sentence of 10 years of imprisonment to be served consecutive with any other sentence, a $250,000 fine, and five years of supervised release. All defendants are facing 10 years to life, a $10,000,000 fine, and at least five years of supervised release if convicted of conspiracy to distribute heroin and cocaine.
U. S. Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation and the Jefferson Parish Sheriff’s Office in investigating this matter. Assistant United States Attorneys Collin Sims, David Haller, and Myles Ranier are in charge of the prosecution.
Wakefield Woman Pleads Guilty to Misprision of a FelonyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that LINDSEY DOOLEY, age 24, of Wakefield, pleaded guilty today to a one-count superseding Bill of Information which charged her with misprision of a felony. DOOLEY and STEPHEN FARRELL were previously charged with conspiracy, making false statements in connection with a firearm purchase, transfer of a firearm to a prohibited person, possession of a firearm by a felon and possession with intent to distribute heroin.
According to court documents, on May 8, 2013, while conducting a related heroin investigation, Jefferson Parish Sheriff’s Office detectives searched FARRELL and DOOLEY’s residence located at in Metairie. During the search, detectives found a loaded Taurus International .380 caliber firearm and drug paraphernalia. FARRELL previously pled guilty in this case to possession of a firearm by a convicted felon. Court records reveal that DOOLEY concealed FARRELL’s heroin distribution activities by providing a place for FARRELL to store and package the heroin.
DOOLEY faces a maximum term of imprisonment of three years, a maximum fine of $250,000 and up to one year of supervised release following any term of imprisonment. U.S. District Judge Jane Triche Milazzo scheduled sentencing for May 7, 2015.
U.S. Attorney Polite praised the work of the ATF New Orleans Division Office and the Jefferson Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney Nolan D. Paige is in charge of the prosecution.