Eastern District of Louisiana
Press releases recorded for this federal judicial district.
Nurses Plead Guilty to Separate Charges of Misprision of a Felony and Health Care FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CAREN BATTAGLIA, age 50, of New Orleans, pled guilty today to one count of misprision of a felony. SUPRENIA WASHINGTON, age 60, of New Orleans, also pled guilty to one count of health care fraud in.
On March 12, 2015, BATTAGLIA and WASHINGTON were indicted along with 19 other defendants in a 26-count indictment charging approximately $30,052,295 in Medicare fraud.
WASHINGTON was a Registered Nurse and BATTAGLIA a Licensed Practical Nurse at Abide Home Care Services, a home health company operated by owner Lisa Crinel. BATTAGLIA’s and WASHINGTON’s guilty pleas involved their alleged care for Medicare beneficiaries, falsification of documents and failure to notify officials of the ongoing health care fraud at Abide.
WASHINGTON faces a maximum term of imprisonment of ten years, a $250,000 fine, and three years of supervised release following imprisonment. BATTAGLIA faces a maximum term of imprisonment of three years, a $250,000 fine, and one year of supervised release following imprisonment. U.S. District Judge Susie Morgan set sentencing for both defendants on February 8, 2017.
U.S. Attorney Polite praised the work of the Special Agents of the Federal Bureau of Investigation, in investigating this matter. Assistant U.S. Attorneys Patrice Harris Sullivan, Hayden Brockett, Maria Carboni, and Sharan Lieberman are in charge of the prosecution.
Kentwood Man Pleads Guilty to Meth PossessionRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ERIC BROWN, age 38, from Kentwood, Louisiana, pled guilty to today to one count of Possession with Intent to Distribute a Quantity of Methamphetamine.
According to court documents, on June 22, 2014, a Tangipahoa Parish Sheriff’s deputy responded to a suspicious person report at 69062 South River Road in Kentwood. When the deputy arrived at the residence, he observed individuals flee the residence. He then noticed several males outside the rear of the residence. As the deputy approached the rear of the residence, he detected an odor consistent with the manufacturing of methamphetamine. Four individuals were outside the rear of the residence, including BROWN, who was sitting in a white Lincoln. The deputy then noticed in plain view of the vehicle twenty-four zip-lock baggies containing approximately three grams of methamphetamine and a Smith and Wesson .38 special revolver on the vehicle’s floorboard.
The deputy then met with a female at the residence who told the deputy that she and BROWN resided at the residence and that BROWN “cooked” methamphetamine in their bedroom the previous night. Deputies and DEA Task Force Officers searched the residence and found three inactive methamphetamine labs in a refrigerator in the master bedroom.
BROWN faces a maximum term of 20 years imprisonment and a fine of $1,000,000. U.S. District Judge Nannette Jolivette Brown set sentencing for
U.S. Attorney Polite praised the work of the U.S. Drug Enforcement Administration and the Tangipahoa Parish Sheriff’s Office in investigating this matter. Assistant U.S. Attorney Andre’ Jones is in charge of the prosecution.
Child Pornography Charges Filed Against Montegut ManRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TYLER DAVIS, age 21, of Montegut, Louisiana, was indicted today for crimes involving the sexual exploitation of children.
According to today’s Indictment, beginning at an unknown time to on or about July 13, 2015, DAVIS knowingly possessed images and videos depicting the sexual victimization of minors. DAVIS is charged in a two-count Indictment with possessing a Samsung Galaxy cell phone and a Dell Inspiron laptop computer, both containing pre-pubescent images and videos of children less than twelve-years-old.
If convicted, DAVIS faces a maximum sentence of up to twenty (20) years imprisonment, 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, Homeland Security Investigations (HSI Houma), HSI Ottawa, and the York Regional Police Special Victim’s Unit, Ottawa, Canada, in investigating this matter. Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U.S. Attorney Brian M. Klebba is in charge of the prosecution.
Two Psychologists Plead Guilty in $25 Million Nursing Home-Testing SchemeRead the Press Release
WASHINGTON – Two clinical psychologists pleaded guilty today for their involvement in a fraudulent psychological testing scheme that preyed upon Medicare recipients living in nursing homes throughout the Southeastern United States.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana, Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Dallas Regional Office and Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office made the announcement.
Beverly Stubblefield, Ph.D., 62, of Slidell, Louisiana, and John Teal, Ph.D., 46, of Jackson, Mississippi, each pleaded guilty to one count of conspiracy to commit health care fraud before U.S. District Judge Carl Barbier of the Eastern District of Louisiana. They were charged in a superseding indictment on Oct. 22, 2015, along with co-defendants Rodney Hesson, Psy.D., 46, and Gertrude Parker, 62, both of Slidell, who were originally charged in June 2015 in connection with a large-scale Medicare Fraud takedown.
According to admissions made in connection with their plea agreements, Stubblefield and Teal practiced as clinical psychologists at Nursing Home Psychological Services, Inc. (NHPS) and Psychological Care Services, Inc. (PCS). Stubblefield and Teal admitted that NHPS and PCS were owned and operated by Hesson and Parker, who is Hesson’s mother. NHPS and PCS billed Medicare claiming that NHPS and PCS psychologists, including Stubblefield and Teal, administered psychological tests to nursing home residents throughout Mississippi, Louisiana, Florida and Alabama. In addition, Teal and Stubblefield admitted that a large number of these tests were not medically necessary and many testing services were not provided. According to the plea agreements, Teal and Stubblefield repeatedly tested the same nursing home residents even though some were incapacitated and could not meaningfully participate in testing.
From 2010 through 2015, Stubblefield and Teal were responsible for more than $5.6 million in fraudulent claims submitted to Medicare, according to the plea agreements.
Hesson and Parker are scheduled to begin trial on Oct. 11, 2016. An indictment is merely an allegation, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The FBI and HHS-OIG investigated the case, which 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. Trial Attorneys William Kanellis, Katherine Payerle and Katherine Raut of the Criminal Division’s Fraud Section are prosecuting the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,900 defendants who have collectively billed the Medicare program for more than $10 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.justice.gov/criminal-fraud/health-care-fraud-unit.
Two Psychologists Plead Guilty in $25 Million Nursing Home-Testing SchemeRead the Press Release
Two clinical psychologists pleaded guilty today for their involvement in a fraudulent psychological testing scheme that preyed upon Medicare recipients living in nursing homes throughout the Southeastern United States.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana, Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Dallas Regional Office and Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office made the announcement.
Beverly Stubblefield, Ph.D., 62, of Slidell, Louisiana, and John Teal, Ph.D., 46, of Jackson, Mississippi, each pleaded guilty to one count of conspiracy to commit health care fraud before U.S. District Judge Carl Barbier of the Eastern District of Louisiana. They were charged in a superseding indictment on Oct. 22, 2015, along with co-defendants Rodney Hesson, Psy.D., 46, and Gertrude Parker, 62, both of Slidell, who were originally charged in June 2015 in connection with a large-scale Medicare Fraud takedown.
According to admissions made in connection with their plea agreements, Stubblefield and Teal practiced as clinical psychologists at Nursing Home Psychological Services, Inc. (NHPS) and Psychological Care Services, Inc. (PCS). Stubblefield and Teal admitted that NHPS and PCS were owned and operated by Hesson and Parker, who is Hesson’s mother. NHPS and PCS billed Medicare claiming that NHPS and PCS psychologists, including Stubblefield and Teal, administered psychological tests to nursing home residents throughout Mississippi, Louisiana, Florida and Alabama. In addition, Teal and Stubblefield admitted that a large number of these tests were not medically necessary and many testing services were not provided. According to the plea agreements, Teal and Stubblefield repeatedly tested the same nursing home residents even though some were incapacitated and could not meaningfully participate in testing.
From 2010 through 2015, Stubblefield and Teal were responsible for more than $5.6 million in fraudulent claims submitted to Medicare, according to the plea agreements.
Hesson and Parker are scheduled to begin trial on Oct. 11, 2016. According to the superseding indictment, from 2009 through 2015, NHPS and PCS submitted more than $25.2 million in claims to Medicare. An indictment is merely an allegation, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The FBI and HHS-OIG investigated the case, which 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. Trial Attorneys William Kanellis, Katherine Payerle and Katherine Raut of the Criminal Division’s Fraud Section are prosecuting the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,900 defendants who have collectively billed the Medicare program for more than $10 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
Terrebonne Parish Man Sentenced to 12½ Years Incarceration for Receipt and Distribution of Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DARION VEAL, age 21, of Gray, Louisiana, was sentenced today for crimes involving the sexual exploitation of children.
U.S. District Judge Sarah S. Vance sentenced VEAL to 150 months incarceration, to be followed by 20 years of supervised release. In addition, VEAL will be required to register as a sex offender upon his release.
VEAL 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”) and the Louisiana Bureau of Investigations’ Cyber Crime Unit (“LBICCU”). According to court records, on January 7, 2015, HSI and LBICCU agents executed a search warrant at VEAL’s residence after determining he received and distributed images depicting the sexual victimization of children. On March 3, 2015, VEAL was taken into federal custody pursuant to a federal criminal complaint.
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 praised the work of the U.S. Department of Homeland Security-HSI and the Louisiana Bureau of Investigations’ Cyber Crime Unit in investigating this matter. Project Safe Childhood Coordinator and Fraud Unit Chief, Assistant U.S. Attorney Brian M. Klebba was in charge of the prosecution.
New Orleans Man Pleads Guilty in Conspiracy to Traffick HeroinRead the Press Release
U.S. Attorney Kenneth A. Polite announced that WILBERT CLARK, age 30, of New Orleans, pled guilty today to conspiracy to distribute and to possess with intent to distribute heroin.
According to court records, CLARK was one of eight defendants charged in a 21-count Superseding Indictment on September 18, 2015. This Superseding Indictment resulted from an FBI investigation into a heroin-trafficking organization operating primarily around Loyola Avenue and Harmony Street in Central City. The sources of heroin for this organization traveled via Megabus from Houston to New Orleans, carrying half-kilogram quantities of heroin for distribution in the New Orleans area.
CLARK, who has a prior felony drug offense, is facing a maximum sentence of 30 years’ imprisonment, as well as a possible fine of up to $2,000,000. U.S. District Judge Carl J. Barbier will sentence CLARK on December 15, 2016.
U.S. Attorney Polite praised the work of the FBI New Orleans Gang Task Force (NOGTF), Saint Tammany Parish Sheriff’s Office, the Jefferson Parish Sheriff’s Office, and the New Orleans Police Department in investigating this matter. Assistant U.S. Attorney Brandon S. Long is in charge of the prosecution.
Metairie Woman Pleads Guilty to Defrauding Local BusinessRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TRACY NICHELSON, age 42, of Metairie pled guilty today to one count of bank fraud.
According to court records, NICHELSON worked as an assistant of rental management for a New Orleans real estate business. From June 2012 until July 2013, NICHELSON embezzled $16,418 from her employer. NICHELSON issued approximately 13 unauthorized checks to herself and others by forging the signature of the business’s owner.
NICHELSON faces up to thirty years imprisonment and/or a fine of not more than $1,000,000, a period of supervised release after imprisonment of up to three years, plus a mandatory special assessment of $100.00. U.S. District Judge Carl J. Barbier set sentencing for December 15, 2016.
U.S. Attorney Polite praised the work of the U.S. Postal Inspection Service in investigating this matter. Assistant United States Attorney Julia K. Evans was in charge of the prosecution.
Illegal Alien Pleads Guilty to Possession of a FirearmRead the Press Release
U.S. Attorney Kenneth A. Polite announced that SALVADOR ACOSTA-SALAS, age 34, a citizen of Mexico, pled guilty today to a one-count Indictment charging him with possession of a firearm by an illegal alien.
According to the court documents, on July 30, 2016, ACOSTA-SALAS was stopped by the Mandeville Police Department for driving over the speed limit. ACOSTA-SALAS exited his truck and produced a Mexican identification card but did not have a driver’s license. The officer asked ACOSTA-SALAS if he had any weapons on him or in the vehicle. ACOSTA-SALAS advised that he had a pistol in the center console of the truck. The officer entered the cab of the truck and retrieved a Taurus Model PT 111 Pro, 9 mm semi-automatic pistol bearing serial number TDO85685. The officer also found two Taurus magazines loaded with ammunition. ACOSTA-SALAS illegally entered the United States prior to July 30, 2016, and had no pending status adjustments with the Citizenship and Immigration Services.
ACOSTA-SALAS 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 Carl J. Barbier set sentencing for December 15, 2016.
U.S. Attorney Polite praised the work of the U.S. Immigration and Customs Enforcement - Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Mandeville Police Department in investigated this matter. Assistant United States Attorney Emily K. Greenfield was in charge of the prosecution.
Honduran Man Sentenced for Immigration OffenseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that RONY GAVARRETTE, age 23, a native of Honduras, was sentenced today after previously pleading guilty to a one-count Indictment charging him with illegal entry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
U.S. District Judge Martin L.C. Feldman sentenced GAVARRETTE to 15 months incarceration. Additionally, GAVARRETTE was ordered to pay a $4,000 fine and a $100 special assessment fee.
According to court documents, GAVARRETTE was encountered by federal agents at a residence in New Orleans on November 10, 2015. He had previously been deported from the United States on September 26, 2011 and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
U.S. Attorney Polite praised the work of Immigration and Customs Enforcement agents in investigating this matter. Assistant United States Attorney Jon Maestri was in charge of the prosecution.
Former Terrebonne Sheriff’s Officer Sentenced for Theft of Federal FundsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DARRYL B. STEWART, age 49, of Houma, was sentenced today after previously pleading guilty to one-count of theft of government funds.
U.S. District Judge Ivan L.R. Lemelle sentenced STEWART to 6 months’ probation and a $100 special assessment. Additionally, STEWART was ordered to pay $15,925 in restitution.
According to court records, STEWART was the Narcotics Unit Supervisor for the Terrebonne Parish Sheriff’s Office (TPSO) during a time period when the TPSO applied for and received two separate federal grants from the Department of Justice. The two grants were for personnel overtime and equipment to support a Multi-Jurisdictional Narcotics Task Force. From 2009 through 2012, STEWART claimed and approved his own overtime from the two grants. The Federal Bureau of Investigation began to look into the billing and discovered through documents and interviews that STEWART occasionally claimed overtime for the two federal grants at the same time that he was working private security details. There were other instances where STEWART claimed federal overtime hours from the grants but he did not actually participate in the narcotics enforcement work. The amount that was improperly billed totals $15,925.00. STEWART resigned from the Terrebonne Parish Sheriff’s Office on or about April 12, 2016.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation for its handling of the matter. Assistant U.S. Attorney Edward J. Rivera was in charge of the prosecution.
New Orleans Woman Sentenced for Conspiracy, Theft of Federal Funds, Aggravated Identity TheftRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DOMINIEL TRINETTE JONES, age 26, of New Orleans, was sentenced today after previously pleading guilty to conspiracy to steal federal funds, theft of federal funds, and aggravated identity theft.
United States District Court Judge Eldon E. Fallon sentenced JONES to 30 months in prison, 3 years of supervised release, and a $500.00 special assessment. The court also ordered JONES to pay restitution of approximately $20,000 to Woodforest National Bank.
According to court documents, in September 2014, JONES conspired with others to unlawfully acquire two United States Treasury checks that did not belong to her. The refund checks were the property of the United States and payable to two actual taxpayers who were owed tax refunds. JONES also obtained two false Georgia driver’s licenses in the names of S.H., and J.V., the two taxpayers who were payees on the refund checks. She obtained these fake licenses for the purpose of opening bank accounts to deposit and steal the Treasury funds. Using the fake driver’s license bearing the name S.H., JONES opened a bank account at Woodforest National Bank in Covington, LA, in S.H.’s name, but deposited the check later that day at a different branch in Gulfport, MS. JONES then traveled to the Woodforest National Bank in New Orleans, LA and withdrew $10,000 from the account bearing the name S.H. using the fake driver’s license.
Additionally, JONES and a coconspirator opened an account in the names of S.V. and J.V. at Woodforest National Bank located in La Place, LA. JONES and the coconspirator presented fraudulent Georgia driver’s licenses in the names of S.V. and J.V. to open the account. The same day, JONES, and the co-conspirator used the Treasury check, payable to S.V. and J.V., as the initial deposit to open the account at Woodforest National Bank in Laplace.
U.S. Attorney Polite praised the work of the Internal Revenue Service, Criminal Investigation in investigating this matter. Assistant U. S. Attorney Sharan E. Lieberman was in charge of the prosecution.
Luling Woman Sentenced to Three Years of Probation for Filing False Tax ReturnRead the Press Release
U.S. Attorney Kenneth A. Polite announced that KALI IRONS, age 39, of Luling, LA, was sentenced today by United States District Court Judge Eldon Fallon to three years of probation, which is to include six months of home confinement, after she pled guilty to one count of filing a false tax return.
According to court records, IRONS, a self-employed tax preparer, under-reported her taxable income for 2009 and 2010 to the IRS. This resulted in a tax loss to the United States in the amount of $88,203.00. In addition to probation and home confinement, IRONS was ordered to pay a $100 mandatory special assessment and full restitution to the Internal Revenue Service.
Jerome R. McDuffie, Special Agent in Charge of Internal Revenue Service Criminal Investigation, stated: "Special Agents of IRS Criminal Investigation will continue to aggressively work with the United States Attorney's Office to protect taxpayers’ interests and thoroughly investigate allegations of tax fraud. Today’s sentence of Ms. Irons is a reminder that those who file false tax returns will be investigated and prosecuted."
U.S. Attorney Polite praised the work of the Department of the Treasury/Internal Revenue Service Criminal Investigation team. Assistant United States Attorney Edward J. Rivera was in charge of the prosecution.
Kenner Man Pleads Guilty to Mail TheftRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ARTHUR RESPERT, age 25, of Kenner, pled guilty today to one-count of theft of mail.
According to court documents, RESPERT was employed at Air General, Inc. and worked at the New Orleans International Airport. From on or about October 24, 2014 to September 3, 2015, RESPERT stole letters and other packages addressed to individuals across the United States.
RESPERT faces a maximum term of imprisonment of five years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment. U.S. District Judge Jane Triche Milazzo set sentencing for December, 1, 2016.
U.S. Attorney Polite praised the work of United States Postal Service, Office of Inspector General, in investigating this matter. Assistant U.S. Attorney Sharan E. Lieberman is in charge of the prosecution.
Five Reserve Men Charged with Gun and Drug Charges, and Retaliation against a WitnessRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TROY KENDRICK, JR., age 33, GARRICK JONES, age 37, TRAVIS CARTER, age 37, MICHAEL SANDERS, age 34, and RESHAD FRANK, age 38, all of Reserve, were charged today in a nine-count Indictment.
According to the Indictment, KENDRICK, JONES, CARTER, SANDERS, and FRANK conspired to distribute cocaine base (“crack”). KENDRICK, JONES, and CARTER were also charged with distribution of crack. If convicted of the charge of conspiracy to distribute crack, KENDRICK, JONES, and CARTER face a term of imprisonment of at least five and up to forty years, a fine of $5,000,000, and at least four years of supervised release following any term of imprisonment, while SANDERS and FRANK face a term of imprisonment of up to twenty years, a fine of $1,000,000, and at least three years of supervised release following any term of imprisonment.
JONES and CARTER were also charged with retaliating against a witness for information provided to law enforcement relating to the commission of a federal offense. If convicted of that charge, each defendant faces a term of imprisonment of up to twenty years, a fine of $250,000, and three years of supervised release following any term of imprisonment.
KENDRICK and JONES, each of whom had previously been convicted of felonies, were also both charged with illegal possession of a firearm by a felon, and possession of a firearm in furtherance of a drug trafficking crime, all of which occurred on August 17, 2016. KENDRICK possessed an FN Herstal, model Five-Seven, pistol, a Lorcin, model L380, .380 caliber pistol, a Taurus, model PT140, .40 caliber pistol, a Ruger, model SR45, .45 caliber pistol, and a Magnum Research, Inc., model Desert Eagle, .44 caliber pistol. JONES possessed a Smith and Wesson .38 caliber pistol. If convicted of these gun charges, each defendant faces a minimum term of imprisonment of at least five years, which must run consecutive to any other sentence, and a maximum term of life imprisonment, a fine of $250,000, and three years of supervised release following any term of imprisonment.
“This Indictment is an example of our region's outstanding cooperation across local, state, and federal law enforcement,” stated U.S. Attorney Polite. “Collectively, we are committed to stopping drug trafficking and the violence that often accompanies it.”
“The wreckage caused by drugs and violence affects everyone, not just in large cities, but also in small towns and rural areas like the city of Reserve and St. John the Baptist Parish,” stated DEA Special Agent in Charge Stephen G. Azzam. “No matter the amounts of drugs they sell, drug dealers breed crime in our neighborhoods and are a danger to our children. The arrests in this investigation demonstrate to the citizens of St. John the Baptist Parish that federal, state, and local law enforcement can come together and accomplish great things. It should also serve as a warning to drug dealers in communities throughout Louisiana that your illegal and destructive actions will not be tolerated.”
“St. John Sheriff’s Office Special Operations Division and the DEA conducted an extensive investigation of a group of individuals from St. John Parish that were involved in narcotics trafficking and illegal weapon possession,” stated Sheriff Mike Tregre. “As Sheriff of St. John Parish I am committed to using all available resources necessary to try to prevent any further loss of life. I want to thank the DEA for their time, assistance, and resources with helping take all of these weapons off the street. It feels good knowing that we probably saved a life with this joint effort and that we as a team are committed to getting more illegal guns off the streets of St. John Parish as other investigations are currently underway.”
U.S. Attorney Polite reiterated that the Indictment is merely an allegation and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case is being investigated by the Drug Enforcement Administration and the St. John the Baptist Parish Sheriff’s Office. Assistant United States Attorney Nicholas D. Moses is in charge of the prosecution.
Thibodaux Man Pleads Guilty to Extensive Computer Hacking Scheme Involving Nearly 50 VictimsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that BRADER YELVERTON, age 24, of Thibodaux, pled guilty today to a one-count Bill of Information charging him with unauthorized access of a protected computer.
According to court documents, between about 2013 and December 2015, YELVERTON accessed the personal online accounts, including email, educational, social media, and “cloud” storage accounts of at least 49 individuals without their knowledge or authorization. All of the individuals whose accounts YELVERTON accessed without authorization were individuals he knew. The vast majority of the victims were females, as well as several of their significant others.
YELVERTON obtained access to an account by using publicly accessible information, or information he knew about the victim, to isolate the password for one of the accounts, usually his/her social media account. YELVERTON then used the information contained in the social media account to obtain the password to other accounts of the victim. Once he obtained access to the accounts, YELVERTON changed the passwords so that he could continue to access them. After YELVERTON obtained access to the accounts, he searched through them and obtained personal information of the victims, including, in some cases, sensitive photographs of the victims.
In the case of one victim, YELVERTON viewed not more than 380 pictures stored on her various online accounts. After saving some of the pictures to his personal computer, YELVERTON uploaded at least two private, sensitive photographs of the victim that he obtained from her private accounts onto an online anonymous image trading board that provides for state-specific and city-specific fora for individuals to upload, view, download, and trade images. During the upload process, YELVERTON entitled the images using the first name and last initial of the victim, so that other visitors to the website could readily identify the victim.
If convicted, YELVERTON faces a maximum term of imprisonment of not more than five years in prison, followed by up to three years of supervised release, and a $250,000 fine. U.S. District Judge Jay C. Zainey set sentencing for November 26, 2016.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter.
Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
Miami Doctor Pleads Guilty to Pharmaceutical Fraud and Money LaunderingRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DR. RAFAEL PRATS, age 62, a resident of Miami, Florida pled guilty yesterday to a twelve-count Indictment charging him with conspiracy to commit theft of medical products, conspiracy to commit wire fraud, and conspiracy to commit money laundering.
According to court documents, beginning sometime prior to December 2012, PRATS and others conspired to use Marea Distributors and Logistics, LLC of Louisiana, and Marea Distributors, LLC of Florida to fraudulently re-sell diverted pharmaceuticals. Working together, the defendants would collect dispensed drugs of known and unknown origin, counterfeit drugs, expired drugs, and drugs not authorized for resale and then fraudulently reintroduce them into the pre-retail, wholesale market for eventual sale under false pretenses to pharmacies and end users. According to court documents PRATS served as a broker in obtaining the diverted pharmaceuticals from various sources.
Among other things, the defendants would create and scan fraudulent invoices and send them from Marea Distributors in Florida to Marea Distributors & Logistics in Louisiana by email. In Louisiana, Marea Distributors & Logistics would then send the fraudulent invoices by email from Louisiana to wherever the diverted pharmaceuticals were shipped. When necessary, Marea Distributors & Logistics in Louisiana would create invoices for the products and email them to customers who were making purchases.
During the course of the conspiracy, the defendants opened or caused to be opened bank accounts in the names of various entities, including Marea Distributors & Logistics and Marea Distributors. The defendants used those accounts to deposit the proceeds obtained from the sale of diverted pharmaceuticals and then to further distribute those proceeds to bank accounts controlled by them.
PRATS faces a possible penalty of up to 15 years in prison for Count 1, Conspiracy to Commit Theft of Medical Products, and a fine of up to $250,000 or the greater of twice the gross gain to the defendant or twice the gross loss to any person. For Counts 2 through 11, Conspiracy to Commit Wire Fraud, Wire Fraud, Aiding and Abetting, PRATS faces up to 20 years in prison and a fine of up to $250,000 or the greater of twice the gross gain to the defendant or twice the gross loss to any person. For Count 12, Conspiracy to Commit Money Laundering, PRATS faces up to 20 years in prison and a fine of up to $500,000 or the greater of twice the gross gain to the defendant or twice the gross loss to any person. He also faces up to three years of supervised release and a mandatory $100.00 special assessment fee for each count. U.S. District Judge Martin L.C. Feldman set sentencing for December 14. 2016.
U.S. Attorney Polite praised the work of the United States Drug Enforcement Administration, Internal Revenue Service, Food and Drug Administration, and the Miami Dade Police Department in investigating this matter. Assistant United States Attorneys Theodore R. Carter, III, and David Haller are in charge of the prosecution.
Houston Man Pleads Guilty to Heroin TraffickingRead the Press Release
U.S. Attorney Kenneth A. Polite announced that LARRY DUPOR, age 44, a resident of Houston, pled guilty today to one count of conspiracy to distribute one kilogram or more of heroin and one count of attempt to distribute 100 grams or more heroin.
According to court records, law enforcement officers found four packages of heroin weighing one kilogram in total during a traffic stop of a Fiat on Interstate-10 East in Calcasieu Parish. The driver admitted that she had been paid $1,000 in cash to drive the heroin from LARRY DUPOR in Houston to LEJEUNE HARRIS at a car wash in New Orleans East. The driver stated that she had made similar trips before to deliver heroin between DUPOR and HARRIS, and she agreed to assist law enforcement by following through with a delivery of ‘sham’ heroin to HARRIS. The driver was instructed by DUPOR to deliver three of the four heroin packages to HARRIS, and she proceeded to the car wash in New Orleans East under law enforcement surveillance with three ‘sham’ packages. There she was met by HARRIS, who took the ‘sham’ packages weighing approximately 750 kilograms in total and then handed the driver $2,000 in cash. HARRIS entered the car wash office, and surveillance agents then entered the scene and detained HARRIS. Agents obtained a search warrant for the car wash office and recovered an additional 479 grams of heroin hidden in an area where the three packages of ‘sham’ heroin were also found.
HARRIS pled guilty to similar charges two weeks ago, and both DUPOR and HARRIS are now scheduled to be sentenced by U.S. District Judge Jane Triche Milazzo on November 10, 2016. DUPOR faces a term of imprisonment of at least 10 years and up to life for the conspiracy charge, and HARRIS faces a mandatory minimum of 20 years due to a prior felony drug conviction.
U.S. Attorney Polite praised the work of the Homeland Security Investigations in investigating this matter. Assistant United States Attorney Michael B. Redmann is in charge of the prosecution.
Former Ochsner Clinic Credit Union Manager SentencedRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JACQUELINE RAY, 60, of Biloxi, Mississippi, was sentenced yesterday after previously pleading guilty to a one-count Bill of Information charging her with stealing over $1 million from Ochsner Clinic Federal Credit Union in connection with bank larceny during her employment.
U.S. District Judge Susie Morgan sentenced RAY to six months incarceration, two and a half years supervised release, with a special condition of six months of home detention with electronic monitoring after her release from prison. RAY was ordered to pay restitution in the amount of $1,000,000 to the CUMIS Insurance Society, the entity which insured Ochsner Clinic Credit Union and $452,752.27 to the National Credit Union Association, the entity which covered the uninsured portion of the funds RAY stole. She was also ordered to pay a $100 special assessment. The Court waived the fine.
According to the documents filed in court, RAY was employed by Ochsner Clinic Federal Credit Union (OCFCU), as the credit union manager and had been employed at OCFCU for nearly thirty years. From 2007 to 2013, RAY stole $1.45 million by creating numerous fictitious loans on the books of OCFCU. RAY created approximately 149 fictitious loans.
No loan documentation existed on any of the fictitious loans. RAY controlled the day to day operation of OCFCU. These fictitious accounts were all coded in the OCFCU data processing system so that no statement of account would be generated, thus hiding RAY’S fraudulent scheme.
The proceeds from the fictitious loan would be stolen from the OCFCU in the form of a check drawn on the OCFCU and deposited in accounts controlled by RAY, or converted to cash. RAY also made false deposits into a local bank to make it appear that she had money in accounts she controlled, when she really did not. RAY would steal cash from these falsely inflated accounts.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation and the National Credit Union Administration in investigating this matter. Assistant United States Attorney Carter K. D. Guice, Jr. of the Fraud Unit was in charge of the prosecution.
Big Freedia Sentenced for Section 8 FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that FREDDIE ROSS, JR., age 38, of New Orleans, who performs under the stage name Big Freedia, was sentenced today after previously pleading guilty to theft of government funds.
U.S. District Judge Lance M. Africk sentenced ROSS to three years’ probation, including 100 hours of unpaid community service. Additionally, ROSS was ordered to pay $34,849 in restitution to the Housing Authority - New Orleans (HANO) and fined $35,000.
According to court documents, the United States Department of Housing and Urban Development, a department of the United States, provided federal funds to local public housing authorities to assist low income citizens with private market rental payments, including utility payments, through a tenant-based voucher program known as the Housing Choice Voucher Program, or “Section 8” Program. The Section 8 program was created to subsidize the rents of the very poor, the elderly, and the disabled by allowing families to choose privately owned rental housing and subsidizing the majority of the fair market rent. Program participants paid part of their rents—an amount equal to thirty percent of the household's income—and the federal government directly pays the landlords the remainder. The eligibility for Section 8 benefits and the amount of the voucher subsidy were determined by, among other things, the household income of the applicant and the number of people in the household. In New Orleans, this amounted to not more than $21,700 per year.
ROSS first applied for Section 8 benefits in March 2009. He listed his monthly income as between $100 and $1,000, and he disclosed no additional assets on his application. As a result of these representations, ROSS was accepted into the program and began receiving approximately $521 per month for his rental of a residence in New Orleans.
Thereafter, ROSS submitted recertification documents to HANO on a yearly basis through 2014. HANO relied on ROSS’S representations in the documents to determine whether he continued to qualify for Section 8 benefits. In his yearly recertification forms, ROSS falsely listed his annual income to be as follows: $0 (2011), $14,400 (2012), $12,000, plus a one-time $2,000 gift from his father (2013), and $12,000 (2014). ROSS also listed his assets to be as follows: $0 (2011), $100 (2012), $165 (2013), $250 (2014).
In fact, ROSS derived considerable income through his entertainment and music businesses, including payments for performing concerts, starring in television programs, royalties, and the sale of merchandise bearing his likeness. ROSS failed to disclose this income to HANO, as well as the existence of multiple bank accounts under his name and the name of his several corporate entities. ROSS’S statements about the amount of his assets constituted material misrepresentations upon which HANO representatives relied to determine his eligibility to receive Section 8 benefits. ROSS’S true income, had he reported it accurately, would have disqualified him from receiving Section 8 benefits in each year between 2010 and 2014. In total, as a result of the false representations ROSS made to HANO, he fraudulently received the benefit of Section 8 funds to rent the residences in New Orleans totaling approximately $34,849.00 between about January 2010 and November 2014.
U.S. Attorney Polite praised the work of the United States Department of Housing and Urban Development – Office of the Inspector General and the Federal Bureau of Investigation, with assistance from the Housing Authority of New Orleans, as well as Josephine Beninati, CPA, CFE, who was responsible for identifying the true sources and amount of ROSS’S income. Assistant United States Attorneys Jordan Ginsberg and Maria Carboni were in charge of the prosecution.
Two Colombian Nationals Sentenced for Making False Statements on Visa ApplicationRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ALMA DE JESUS MOJICA HERRERA, age 52, and LEONARDO SERRATO POLANIA, age 42, both residents of Bogota, Colombia, were sentenced today for making false statements on their U.S. Nonimmigrant Online Visa applications.
U.S. District Judge Sarah S. Vance sentenced both MOJICA HERRERA and SERRATO POLANIA to eleven months incarceration. Following completion of their sentences, MOJICA HERRERA and SERRATO POLANIA will be surrendered to the custody of U.S. Immigration and customs Enforcement for removal proceedings
According to court records, while in Colombia, MOJICA HERRERA and SERRATO POLANIA each completed a U.S. Nonimmigrant Online Visa Application (“Visa Application”) with the U.S. Department of State (“State Department”) and did not answer truthfully questions concerning their travel companions, the persons paying for their trip, and the location of their stay. These Visa Applications were relied upon by federal agencies of the Executive Branch including by the U.S. Customs and Border Protection in New Orleans and the U.S. State Department. On September 28, 2015, MOJICA HERRERA and SERRATO POLANIA travelled from Bogota, Columbia and arrived in the United States at the New Orleans International Airport using the VISAs containing materially false statements. On September 29, 2015, MOJICA HERRERA and SERRATO POLANIA were taken into custody by special agents with the U.S. Department of Homeland Security-Homeland Security Investigations (“HSI”).
U.S. Attorney Polite praised the work of the U.S. Department of Homeland Security-HSI, U.S. Customs and Border Protection, and the U.S. Department of State in investigating this matter. Fraud Unit Chief, Assistant U.S. Attorney Brian M. Klebba was in charge of the prosecution.
Memphis Man Sentenced to Life for Sex Trafficking of MinorsRead the Press Release
U.S. Attorney Kenneth A. Polite announced TIMOTHY JONES a/k/a “Lucci,” “King Lucci,” “Lucci Loco,” age 26, was sentenced for his role in sex trafficking two minors into the New Orleans area for the purposes of those minors engaging in prostitution. In February 2016, JONES was convicted by a federal jury on all eight counts with which he was charged, including conspiracy to commit sex trafficking, sex trafficking two minor females through the use of force, fraud, and coercion, transporting a minor across state lines for the purpose of her engaging in prostitution.
U.S. District Judge Martin L.C. Feldman sentenced JONES to life imprisonment, restitution in the amount of $13,688.00 ($5,046 to minor victim 1 and $8,642.00 to minor victim 2), a special assessment of $800.00, and supervised release after the term of imprisonment.
According to evidence presented at trial, in early December 2013, JONES met and began recruiting Minor Victim 1, a 17-year-old female from Baton Rouge, to work for him in prostitution, performing numerous “dates” per day, based on quotas he set for her. JONES promised Victim 1 that she would enjoy a better life replete with travel, luxury, and safety by joining “Team Lucci,” JONES’s name for the “stable” of prostitutes he operated. For approximately three weeks, Minor Victim 1 worked for JONES, before escaping the New Orleans area. JONES “paid” Minor Victim 1 a total of $10 for her work. JONES beat Victim 1 for a variety of transgressions, including not being respectful, not earning enough money from prostitution, and trying to leave him. He also forced Minor Victim 1 to have sex with him as a way to ensure her submission and to “try out” the product he sold.
In early January 2014, JONES and a co-conspirator recruited Minor Victim 2, a sixteen-year-old female, in Memphis and coerced her to work for him in prostitution. JONES then took Minor Victim 2 to Louisville, Kentucky, to work in prostitution. Thereafter, JONES transported Minor Victim 2 to New Orleans to work for him in prostitution. Minor Victim 2 worked for JONES, under his direction and the supervision of his co-conspirator, until February 11, 2014, when a United States Marshals Task Force recovered her and arrested JONES at a hotel in downtown New Orleans.
JONES required Victim 1 and Victim 2 to give him all of the money they earned from engaging in prostitution. JONES advertised prostitution dates with Victim 1 and Victim 2 using an online classified website and also forced them to solicit prostitution dates on Bourbon Street and on Chef Menteur Highway. JONES instructed both victims on how much to charge for sex, how to solicit “dates,” and how to avoid detection by law enforcement. He also instructed them to steal credit cards, wallets, cash, and other valuables from customers. Other females testified at trial that JONES exploited them in a similar manner.
JONES used a variety of means to control his victims, whom he knew were minors. JONES beat Victim 1 and Victim 2 to punish them for disrespecting him or not earning enough money. He also slapped and punched them to keep them from leaving him. Once, after JONES located Minor Victim 2 when she tried to escape Jones’s control, Jones used a ruse to lure her to a hotel room, where he sadistically beat her. Further, while in front of Minor Victim 1 and Minor Victim 2, JONES brutally beat other females who worked for him as prostitutes as a means of threatening and intimidating his minor victims into complying with his demands. When Minor Victim 2 said that she could no longer handle the pressure of being alone in a strange city and felt ill, JONES told her that she had to earn him more money—“real” money—before he would let her have medicine or return home.
“Sex trafficking of minors is one of the most reprehensible criminal offenses imaginable,” said U.S. Attorney Polite. “A life sentence for this defendant sends the strongest message possible: our community will not tolerate this heinous conduct. Just as importantly, we are committed to helping the victims to recover from these crimes and move forward with productive lives.”
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 – New Orleans Division and the U.S. Immigration and Customs Enforcement – Homeland Security Investigations, with cooperation from the FBI’s Memphis Field Office in investigating this matter. Assistant United States Attorneys Jordan Ginsberg and Jonathan L. Shih were in charge of the prosecution.
Houma Postal Worker Sentenced for Theft of MailRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ELVIRA DUTHU DUPLANTIS, age 51, of Houma, was sentenced today after previously pleading guilty to a one-count Indictment charging her with Theft of Mail.
U.S. Chief District Judge Kurt Engelhardt sentenced DUPLANTIS to five (5) years’ probation and ordered her to pay $3,200 in restitution.
According to court records, as a result of a complaint from the Postmaster of the
Houma Post Office regarding missing mail, the United States Postal Service, Office of Inspector General (“Postal OIG”) initiated an investigation into DUPLANTIS, who was a letter carrier assigned to the Houma Post Office. The investigation determined that DUPLANTIS stole approximately 113 gift cards, which included Visa debit cards and gift cards for major retail stores and restaurants, with a total value of approximately $3,200.00.
U.S. Attorney Polite praised the work of the United States Postal Service, Office of Inspector General, in investigating this matter. Fraud Unit Chief, Assistant U. S. Attorney Brian M. Klebba was in charge of the prosecution.
Former Terrebonne Sheriff’s Detective Pleads Guilty to Theft of Federal FundsRead the Press Release
U.S. Attorney Kenneth A. Polite, Jr. announced that former Terrebonne Parish Sheriff’s Office (TPSO) Detective DAWN C. FORET, age 38, of Houma, pled guilty today to a one count Bill of Information for theft of government funds.
According to the court documents, FORET was charged for improperly overbilling a federally funded law enforcement grant designed to curb underage drinking known as the Juvenile Underage Drinking Enforcement Grant (“JUDE”) for the years 2009 through 2012. The JUDE Grant was funded by the United States Department of Transportation to the Louisiana Highway Safety Commission, which also administered the grant. After receiving the approval to access the grant funds in October of 2009, the TPSO appointed FORET to administer the grant with regards to recruiting volunteers for the overtime work, determining the operations plan, and then writing up the reports from the evening’s work. In sum, this law enforcement grant paid overtime hours for officers to investigate bars and convenience stores to see if they were illegally providing alcohol to minors.
The focus of the inquiry concerned FORET’s billing of the JUDE grant in the fall of 2010. Starting on November 6, 2010, FORET began including herself in the TPSO police reports/narratives that followed each JUDE operation in a way that suggested that FORET was physically participating in each operation. From that point on, FORET inserted herself into practically every TPSO JUDE grant narrative as being present and she billed for every hour of operation as the other TPSO officers who did the work. In fact, FORET billed for the full time even if the evening’s operation resulted in no summons being issued and the report was essentially a page or two in length. From November 6, 2010, through the end of the grant on July 18, 2012, TPSO conducted 130 JUDE grant overtime operations and FORET’s name appeared on every single police report except for six occasions. FORET admitted in the factual basis that she did not in fact physically participate in any of the JUDE grant operations from November 6, 2010 until the grant expired in July of 2012. The total loss to the grant is $14,728.00.
“Detective Foret was sworn to uphold the law,” stated U.S. Attorney Polite. “Instead, she violated that oath by stealing federal funds intended to reduce underage drinking in our community. Today’s guilty plea ensures that she is held accountable for her criminal actions.”
FORET faces a maximum term of imprisonment of ten years imprisonment, a fine of up to $250,000, up to three year of supervised release following any term of imprisonment, and $100.00 special assessment. U.S. District Judge Sarah S. Vance set sentencing for December 14, 2016.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant U.S. Attorneys Edward J. Rivera and Bill McSherry were in charge of the prosecution.
Honduran National Sentenced for Illegally ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ALLAN WENDERLAY DOMINGUEZ age 47, a citizen of Honduras, was sentenced after previously pleading guilty to a one-count Indictment for illegal reentry of removed alien previously convicted of an aggravated felony.
U.S. District Judge Jay C. Zainey sentenced DOMINGUEZ to 37 months imprisonment followed by one year of supervised release, and a $100.00 special assessment. Following completion of his sentence, DOMINGUEZ will be surrendered to the custody of U.S. Immigration and Customs Enforcement for removal proceedings.
According to the Indictment, on or about February 11, 2016, DOMINGUEZ was found in the United States after having been officially deported following a conviction for theft of goods. He was ordered removed and deported on or about June 24, 2011, and again on September 12, 2012.
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.
Gretna Man Charged with Distribution of Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that GIORDIO COSENZA, age 28, of Gretna, was charged today in a one-count Bill of Information with distributing images and videos depicting the sexual exploitation of children.
If convicted, COSENZA faces a maximum term of imprisonment of not less than five years and not more than twenty years imprisonment, followed by up to a lifetime of supervised release, and a $250,000 fine per count. He can also be required to register as a sex offender.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Polite reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
Three Brothers Charged with Illegal Possession of FirearmsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TERRELL TATE, age 26, GEREME TATE, age 24, and MICHAEL TATE, age 30, three brothers from New Orleans, were indicted on today a federal grand jury with being felons in possession of firearms.
According to the Indictment, the TATE brothers, all of whom had been previously convicted of felonies in Orleans Parish Criminal District Court, possessed a Glock 19C semiautomatic pistol, and a Taurus PT111 9mm pistol on July 4, 2016.
If convicted, each defendant faces a maximum term of imprisonment of ten years, a fine of $250,000, and three years of supervised release following any term of imprisonment.
U.S. Attorney Polite reiterated that the Indictment is merely an allegation and that the guilt of the defendants must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives in investigating this matter. Assistant United States Attorney Jonathan L. Shih and Trial Attorney Joseph K. Wheatley, of the Department of Justice, Organized Crime and Gang Section, are in charge of the prosecution.
Ponchatoula Woman Pleads Guilty to Theft of MailRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JESSICA HENDERSON BERTHELOT, age 28, of Ponchatoula, pled guilty today to Theft of Mail.
According to court records, the investigation was initiated in September 2015, by the Tangipahoa Parish Sheriff’s Office and the United States Postal Inspection Service after determining that BERTHELOT was stealing mail from residential mailboxes on the Northshore. Postal inspectors determined BERTHELOT stole approximately 1,428 items of mail.
BERTHELOT faces a maximum penalty of five years imprisonment, followed by up to three years of supervised release, and a $250,000 fine. U.S. District Judge Lance M. Africk set sentencing on November 17, 2016.
U.S. Attorney Polite praised the work of the U.S. Postal Inspection Service and the Tangipahoa Parish Sheriff’s Office. The prosecution of this case is being handled by Fraud Unit Chief, Assistant U. S. Attorney Brian M. Klebba.
Darren Sharper Sentenced on Drug Distribution ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DARREN SHARPER, age 40, formerly of New Orleans, was sentenced today after having previously pled guilty to conspiracy to distribute Alprazolam, Diazepam and Zolpidem, with intent to commit rape and two counts of distributing these substances with intent to commit rape.
U.S. District Judge Jane Triche Milazzo sentenced SHARPER to 220 months of incarceration, to be followed by 3 years of supervised release, and a $20,000 fine.
SHARPER has previously pled guilty to similar charges in Los Angeles, Phoenix, and Las Vegas. He has also entered into a conditional plea in Orleans Parish Criminal District Court. According to court records, SHARPER admitted that he and others distributed controlled substances to unsuspecting women and then had sexual relations with them while they were incapacitated. SHARPER also admitted that he conspired with other persons in committing these offenses.
Co-defendants Brandon Licciardi and Erik Nunez, who both pled guilty last month, are scheduled for sentencing on October 13, 2016.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation and the New Orleans Police Department in investigating this matter. U.S. Attorney Polite also thanked the victims for their courage and willingness to come forward. Assistant United States Attorneys Michael E. McMahon, Theodore Carter, and Brandon Long were in charge of the prosecution.
River Ridge Man Pleads Guilty to Child Pornography ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CRAIG QUINTAL, age 41, of River Ridge, pled guilty today to crimes involving the sexual exploitation of children.
According to court records, beginning at an unknown time to on or about July 15, 2015, QUINTAL knowingly accessed child pornography with the intent to view images depicting the sexual victimization of minors. QUINTAL accessed visual depictions of minors under the age of twelve years-old engaging in sexually explicit conduct.
Sentencing by U.S. District Judge Ivan L.R. Lemelle is scheduled for November 16, 2016. QUINTAL faces a penalty of up to twenty years imprisonment, followed by up to a lifetime term of supervised release, and a $250,000.00 fine.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
U.S. Attorney Polite praised the work of the U. S. Department of Homeland Security, Homeland Security Investigations and the Louisiana Attorney General’s Office, High Tech Crime Unit in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U. S. Attorney Brian M. Klebba.
New Orleans Man Sentenced in Heroin ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that KENNETH MIXON, age 33, of New Orleans, was sentenced today after having previously pled guilty to one count of conspiring to distribute heroin. According to court documents, between July 2014 and July 2015, MIXON conspired with co-defendants LEROY SMITH and JAMIE JONES to distribute heroin in the New Orleans area. SMITH and JONES have both pled guilty and are awaiting sentencing on November 2, 2016 and September 2, 2016, respectively.
U.S. District Judge Ivan L.R. Lemelle sentenced MIXON to 34 months of incarceration, to be followed by 3 years of supervised release.
U.S. Attorney Polite praised the work of Drug Enforcement Administration, United States Customs and Border Protection, United States Postal Service, Louisiana State Police, New Orleans Police Department, Jefferson Parish Sheriff Office, St. Bernard Parish Sheriff Office, St. Charles Parish Sheriff Office, and Kenner Police Department in investigating this matter. Assistant United States Attorneys Brandon S. Long and Nicholas D. Moses were in charge of the prosecution.
New Orleans Man Pleads Guilty to BP FraudRead the Press Release
The U.S. Attorney’s Office for the Eastern District of Louisiana announced that GRAEGG L. HOLMES, age 43, of New Orleans, pled guilty today to a one-count Indictment charging him with wire fraud related to the 2010 British Petroleum Oil Spill. According to court documents, HOLMES admitted that he filed a fraudulent application 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 BP had been drilling a well. In reality, HOLMES admitted that he worked at Abide Home Care from approximately 2001 through 2014. HOLMES used false documentation related to a non-existent catering business that he claimed lost money because of the Deepwater Horizon Disaster. The loss from the fraudulent claims HOLMES submitted and received totals $33,900.
On August 4, 2016, HOLMES was ordered detained pending trial by U.S. Magistrate Judge Janis van Meerveld after his arrest for home invasion in Orleans Parish. Following his guilty plea, HOLMES remains detained and faces a possible maximum sentence of ten years, three years of supervised release, a fine of $250,000 or twice the gross gain or loss caused by the offense, forfeiture, and restitution to the GCCF. U.S. District Judge Sarah S. Vance set sentencing for December 14, 2016.
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 Federal Bureau of Investigation in investigating this matter. Assistant U.S. Attorneys Patrice Harris Sullivan and Hayden Brockett were in charge of the prosecution.
Mexican National Pleads Guilty to Selling False Social Security CardsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that VIDAL OROSCO-BARRIOS, age 29, pled guilty today to a four-count Indictment charging him with transferring false Social Security Cards in violation of Title 18, United States Code, Section 1028(a)(2).
According court records, OROSCO-BARRIOS sold counterfeit Social Security Cards to confidential informants working with the Department of Homeland Security on four separate occasions.
OROSCO-BARRIOS faces a maximum term of imprisonment of fifteen years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment. U.S. District Judge Martin L.C. Feldman set sentencing on
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Laplace Man Sentenced for Conspiracy to Commit Wire Fraud in Aftermath of BP Oil SpillRead the Press Release
The U.S. Attorney’s Office for the Eastern District of Louisiana announced that MICHEGEL BUTLER, age 41, a resident of LaPlace, Louisiana, was sentenced today after previously pleading guilty to a conspiracy to defraud the Gulf Coast Claims Facility (“GCCF”) in the aftermath of the BP oil spill.
U.S. District Judge Sarah S. Vance sentenced BUTLER to 12 months and one day incarceration and ordered restitution in the amount of $65,300, to be paid jointly and severally with his co-defendant.
According to court documents, beginning in or about September 2010, BUTLER and his co-defendant, recruited claimants, requested their personal information and submitted or caused to be submitted fraudulent GCCF claim forms generated online and transmitted to the GCCF. The claim forms falsely stated that the claimants worked as non-owner captain/deckhands on a shrimp boat in Venice, Louisiana and suffered economic loss. Based on the fraudulent documentation, the GCCF issued approximately $65,300 to undeserving individuals. BUTLER and his co-defendant shared in the claims proceeds.
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. Attorney Julia K. Evans was in charge of this prosecution.
Kenner Tax Preparer Sentenced for Lying on Tax Returns and Failing to Declare More Than $300,000 in IncomeRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CHRISTIE ROBINSON, 41, of Laplace, who previously pled guilty to a four-count Indictment charging her with false statements on tax returns.
U.S. District Judge Ivan L.R. Lemelle sentenced ROBINSON to five years’ probation and ordered to pay restitution of $104,481to the Internal Revenue Service.
According to court documents, ROBINSON, is the owner and operator of a tax return preparation business in Kenner called CRR Services, LLC. ROBINSON received fees charged for the preparation of individuals' tax returns. ROBINSON failed to include all of the substantial fees she received for income tax return preparation. In 2007, she declared $80,000 in fees and failed to disclose $195,000; in 2009, she disclosed $100,000 but failed to include an extra $28,000; in 2010, she declared $76,500 but failed to declare $82,000; and, in 2011 she declared $175,000 but excluded $8,000. The total for the four years 2007, 2009, 2010, 2011 totals over $300,000.
U.S. Attorney Polite praised the work of the Internal Revenue Service, Criminal Investigation Division in investigating this matter. Assistant United States Attorney Carter K. D. Guice, Jr. of the Fraud Unit is in charge of the prosecution.
Former St. Charles District Attorney Harry Morel Sentenced to 3 Years Imprisonment for Obstruction of JusticeRead the Press Release
U.S. Attorney Kenneth A. Polite announced today HARRY J. MOREL, JR., age 73, was sentenced today after previously pleading guilty to obstruction of justice in violation of Title 18, United States Code, Section 1512(d)(1).
U.S. District Judge Kurt D. Engelhardt sentenced MOREL to 3 years imprisonment, a $20,000 fine, 1 year of supervised release and a $100 special assessment.
According to court records, MOREL served as the elected prosecutor of St. Charles Parish, Louisiana from on or about January 1, 1979 until May 31, 2012. Thereafter, he became an Assistant District Attorney in the Office of the District Attorney for St. Charles Parish and remained in that position until January 11, 2013. MOREL resided in, and his office was located in, St. Charles Parish, Louisiana, in the Eastern District of Louisiana.
As District Attorney and as an Assistant District Attorney for St. Charles Parish, MOREL was responsible for prosecuting individuals charged with criminal and traffic offenses against the State of Louisiana. As the District Attorney, MOREL had the authority and discretion to, among other things, make bail recommendations, make sentence recommendations and bring dismiss, forego or reduce charges.
MOREL freely admitted that he is guilty of Obstruction of Justice in that he harassed Individual "A" and attempted to prevent and dissuade Individual "A" from attending or testifying in an official proceeding, i.e., the federal grand jury, by telling Individual "A" to "get rid of” and to "destroy" the evidence of a meeting they had and to deny the inappropriate nature of the meeting to law enforcement officials. Furthermore, based on Individual "A"'s representations, MOREL believed there would be a federal Grand Jury investigation, and as a result asked her to conceal information that would have likely led to her being a witness before that body.
MOREL also admitted that on other occasions, between 2007 and 2009, he solicited sex from other individuals who were defendants or who had family members who were defendants in the St. Charles Parish criminal justice system. While soliciting sex from these individuals, MOREL likewise used the office of the District Attorney to provide benefits to these other individuals, including falsifying community service reports.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation and the St. Charles Parish Sheriff’s Office in investigating this matter. Assistant U.S. Attorneys James Baehr and Mark Miller were in charge of the prosecution.
Former Postal Worker Sentenced for Theft of MailRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ANISHA GALLIN, age 27, of Riverdale, Georgia, was sentenced today after previously pleading guilty to theft of mail.
U.S. District Judge Sarah S. Vance sentenced GALLIN to 2 year of probation and $60 in victim restitution.
According to Court records, on or about July 18, 2014, GALLIN, a United States Postal carrier, removed at least $60 in cash from greeting cards while on her postal route.
U.S. Attorney Polite praised the work of the U.S. Postal Service, Office of Inspector General for investigating this matter. Assistant U.S. Attorney G. Dall Kammer was in charge of the prosecution.
Houma Man Sentenced to 10 Years Imprisonment for Gun and Drug ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CHAD LANDRY, age 45, of Houma, was sentenced today after having previously pled guilty to conspiring to distribute over 500 grams of methamphetamine, and unlawfully possessing a firearm in furtherance of his methamphetamine conspiracy.
U.S. District Judge Jay C. Zainey sentenced LANDRY to 120 months of incarceration, to be followed by 5 years of supervised release.
According to court documents, in 2013 and 2014, LANDRY was receiving quantities of methamphetamine in the mail from his Houston-based drug suppliers. Over the course of two years, the suppliers sent LANDRY approximately 25 packages via Fed Ex to LANDRY’s home in Houma. LANDRY repackaged and sold methamphetamine to friends and acquaintances in the Houma area, as well as personally used some of the methamphetamine. At the time of his arrest on or about August 13, 2014, LANDRY was in possession of approximately 7 grams of methamphetamine, numerous items of drug paraphernalia, and a Springfield XP .40 caliber semi-automatic handgun.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration, the Terrebonne Parish Sheriff’s Office, and Louisiana State Police in investigating this matter. Assistant United States Attorney Brandon S. Long was in charge of the prosecution.
Houma Man Sentenced to 10 Years Imprisonment for Gun and Drug ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CHAD LANDRY, age 45, of Houma, was sentenced today after having previously pled guilty to conspiring to distribute over 500 grams of methamphetamine, and unlawfully possessing a firearm in furtherance of his methamphetamine conspiracy.
U.S. District Judge Jay C. Zainey sentenced LANDRY to 120 months of incarceration, to be followed by 5 years of supervised release.
According to court documents, in 2013 and 2014, LANDRY was receiving quantities of methamphetamine in the mail from his Houston-based drug suppliers. Over the course of two years, the suppliers sent LANDRY approximately 25 packages via Fed Ex to LANDRY’s home in Houma. LANDRY repackaged and sold methamphetamine to friends and acquaintances in the Houma area, as well as personally used some of the methamphetamine. At the time of his arrest on or about August 13, 2014, LANDRY was in possession of approximately 7 grams of methamphetamine, numerous items of drug paraphernalia, and a Springfield XP .40 caliber semi-automatic handgun.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration, the Terrebonne Parish Sheriff’s Office, and Louisiana State Police in investigating this matter. Assistant United States Attorney Brandon S. Long was in charge of the prosecution.
Marrero Man Indicted for Whitney Bank RobberyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TRAVIS CARTER, age 37, of Marrero, was charged yesterday in a one-count Indictment with bank robbery.
According to the Indictment, CARTER robbed the Whitney Bank located in Marrero, Louisiana on July 22, 2016.
If convicted, CARTER faces a maximum term of imprisonment of twenty years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment.
U.S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of FBI agents in investigating this matter. Assistant U.S. Attorney Brittany Reed is in charge of the prosecution.
Guatemalan National Sentenced for Illegal ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JULIO RAYMUNDO-SANTOS, age 41, a citizen of Guatemala, was sentenced today after previously pleading guilty to a one-count Indictment that charged him with illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
U.S. District Judge Nannette Brown sentenced RAYMUNDO-SANTOS to time served and ordered him to pay a special assessment of $100. RAYMUNDO-SANTOS will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U. S. Attorney Spiro G. Latsis is in charge of the prosecution.
New Orleans Man Pleads Guilty in Interstate Heroin CaseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that LEJEUNE HARRIS, age 43, of New Orleans, pled guilty today to one count of conspiracy to distribute one kilogram or more of heroin, one count of possession with intent to distribute 100 grams or more heroin, and one count of attempted possession with intent to distribute 100 grams or more heroin.
According to court records, law enforcement officers found four packages of heroin weighing one kilogram in total during a traffic stop of a Fiat on Interstate-10 East in Calcasieu Parish. The driver admitted that she had been paid $1,000 in cash to drive the heroin from LARRY DUPOR in Houston to HARRIS at a car wash in New Orleans East. The driver stated that she had made similar trips before to deliver heroin between DUPOR and HARRIS, and she agreed to assist law enforcement by following through with a delivery of ‘sham’ heroin to HARRIS. The driver was instructed by DUPOR to deliver three of the four heroin packages to HARRIS, and she proceeded to the car wash in New Orleans East under law enforcement surveillance with three ‘sham’ packages. There she was met by HARRIS, who took the ‘sham’ packages weighing approximately 750 kilograms in total and then handed the driver $2,000 in cash. HARRIS entered the car wash office, and surveillance agents then entered the scene and detained HARRIS. Agents obtained a search warrant for the car wash office and recovered an additional 479 grams of heroin in a hidden area where the three packages of ‘sham’ heroin were also found.
HARRIS faces a term of imprisonment of at least 20 years and up to life for the conspiracy charge, due in part to a prior felony drug conviction. U.S. District Judge Jane Triche Milazzo set sentencing on November 10, 2016. DUPOR is scheduled for re-arraignment before Judge Milazzo on August 25, 2016.
U.S. Attorney Polite praised the work of the Homeland Security Investigations in investigating this matter. Assistant United States Attorney Michael B. Redmann is in charge of the prosecution.
New Orleans Business Owner Sentenced to 80 Months in Prison for Role in $3.3 Million Fraud SchemeRead the Press Release
WASHINGTON – The owner of a New Orleans company that defrauded Medicare of more than $3.3 million was sentenced today to 80 months in prison for directing the scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana, Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office and Special Agent in Charge Mike Fields of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Regional Office made the announcement.
Tracy Richardson Brown, 46, of New Orleans, was sentenced by U.S. District Judge Stanwood R. Duval Jr. of the Eastern District of Louisiana, who also ordered Brown to pay $2,004,391.63 in restitution.
On April 30, 2016, Brown, who owned and operated medical equipment supply company Psalms 23 DME LLC (Psalms), was convicted on 18 counts of health care fraud, conspiracy and related charges. Evidence introduced at the five-day trial showed that Brown paid patient recruiters for the names and billing information of Medicare beneficiaries in and around New Orleans. The evidence that was presented also showed that Brown used this information to cause Psalms to bill Medicare for power wheelchairs, accessories and various knee, elbow and back braces supposedly provided to these beneficiaries. However, according to the evidence presented at trial, the vast majority of these patients did not need, and often did not receive or even want, this equipment. The evidence at trial demonstrated that Brown caused Psalms to bill Medicare for more than $3.3 million in claims, a vast percentage of which were fraudulent, and Medicare paid Psalms approximately $2 million on these claims. At her sentencing, Judge Duval stated that the sentence was based, in part, upon Brown’s use of elderly people to commit a “reprehensible crime.”
The FBI and HHS-OIG investigated the case. Fraud Section Trial Attorney William Kanellis and Assistant U.S. Attorney Patrice Sullivan of the Eastern District of Louisiana in New Orleans prosecuted the case.
New Orleans Business Owner Sentenced to 80 Months in Prison for Role in $3.3 Million Fraud SchemeRead the Press Release
The owner of a New Orleans company that defrauded Medicare of more than $3.3 million was sentenced today to 80 months in prison for directing the scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana, Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office and Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Regional Office made the announcement.
Tracy Richardson Brown, 46, of New Orleans, was sentenced by U.S. District Judge Stanwood R. Duval Jr. of the Eastern District of Louisiana, who also ordered Brown to pay $2,004,391.63 in restitution.
On April 30, 2016, Brown, who owned and operated medical equipment supply company Psalms 23 DME LLC (Psalms), was convicted on 18 counts of health care fraud, conspiracy and related charges. Evidence introduced at the five-day trial showed that Brown paid patient recruiters for the names and billing information of Medicare beneficiaries in and around New Orleans. The evidence that was presented also showed that Brown used this information to cause Psalms to bill Medicare for power wheelchairs, accessories and various knee, elbow and back braces supposedly provided to these beneficiaries. However, according to the evidence presented at trial, the vast majority of these patients did not need, and often did not receive or even want, this equipment. The evidence at trial demonstrated that Brown caused Psalms to bill Medicare for more than $3.3 million in claims, a vast percentage of which were fraudulent, and Medicare paid Psalms approximately $2 million on these claims. At her sentencing, Judge Duval stated that the sentence was based, in part, upon Brown’s use of elderly people to commit a “reprehensible crime.”
The FBI and HHS-OIG investigated the case. Fraud Section Trial Attorney William Kanellis and Assistant U.S. Attorney Patrice Sullivan of the Eastern District of Louisiana in New Orleans prosecuted the case.
Mexican National Indicted for Illegal Re-EntryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that FAUSTINO JUAREZ-CASTILLO, age 31, was charged today in a one-count Indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
According to the Indictment, JUAREZ-CASTILLO reentered the United States after he was previously deported on October 28, 2011. If convicted, JUAREZ-CASTILLO faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U.S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Honduran National Sentenced for Illegal Re-EntryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that EDUARDO URBINA-JUAREZ, age 28, was sentenced today after previously pleading guilty to a one-count Indictment that charged him with illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
U.S. District Judge Nannette Brown sentenced URBINA-JUAREZ to serve six months imprisonment and ordered him to pay a special assessment of $100. Following the completion of his sentence, URBINA-JUAREZ will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis was in charge of the prosecution.
Georgia Man Sentenced to 15 Years Imprisonment for Conspiracy to Produce Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DANIEL NOLAN DEVOR, age 41, of Brunswick, Georgia, was sentenced today for conspiracy to produce child pornography
U.S. District Judge Nannette Jolivette Brown sentenced DEVOR to 180 months imprisonment and supervised release for fifteen years after his release. DEVOR will also have to register as a sex offender upon his release from prison.
According to court documents, in November 2013, DEVOR was arrested by Special Agents with the United States Department of Homeland Security, Homeland Security Investigations (“HSI”), after they determined that DEVOR was responsible for conspiring with Abita Springs resident Jonathan Johnson and others to create and post videos depicting the sexual exploitation of children on the Internet. DEVOR has been in custody since his arrest.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Polite praised the work of Homeland Security Investigations and the U.S. Postal Inspection Service in investigating this matter. Project Safe Childhood Coordinator and Fraud Unit Chief, Assistant U.S. Attorney Brian M. Klebba, was in charge of the prosecution.
New Orleans Man Pleads Guilty to Drug and Firearms ViolationsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that LEROY SMITH, age 32, of New Orleans, pled guilty yesterday to conspiracy to distribute and to possess with the intent to distribute 100 grams or more of acetyl fentanyl and 100 grams or more of heroin. SMITH also pled guilty to possessing firearms in furtherance of his drug-trafficking activities.
According to court documents, in 2014 and 2015, SMITH and others engaged in a conspiracy to distribute acetyl fentanyl and heroin to over twenty different customers in the New Orleans area. SMITH worked with his co-conspirators to order and receive packages of acetyl fentanyl from a source in China. In April 2015, law enforcement intercepted two packages of acetyl fentanyl that were mailed from the Chinese source to associates of SMITH in the New Orleans area. The packages contained a total of one-and-a-half kilograms of acetyl fentanyl, which SMITH planned to package and resell as “heroin” in the New Orleans area. At the time of his arrest on July 13, 2015, SMITH was in possession of heroin, drug paraphernalia, almost $3000 in United States currency, and multiple loaded firearms.
SMITH is facing a mandatory minimum sentence of ten years in prison and a maximum life sentence for the drug conspiracy charge and a mandatory sentence of at least five years in prison for the firearm charge. U.S. District Judge Ivan L.R. Lemelle set sentencing for November 2, 2016.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration, United States Customs and Border Protection, United States Postal Service, Louisiana State Police, New Orleans Police Department, Jefferson Parish Sheriff Office, St. Bernard Parish Sheriff Office, St. Charles Parish Sheriff Office, and Kenner Police Department in investigating this matter. Assistant United States Attorneys Brandon S. Long and Nicholas D. Moses are in charge of the prosecution.
Houston Woman Pleads Guilty in Methamphetamine-Trafficking ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that LESLIE ANNETTE PECK, age 34, of Houston, Texas, pled guilty today to one count of conspiring to distribute and to possess with intent to distribute 50 grams or more of a mixture or substance containing methamphetamine.
PECK faces a minimum term of imprisonment of 5 years, a maximum term of 40 years, and a fine of up to $5,000,000. U.S. District Judge Carl J. Barbier set sentencing for November 17, 2016.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration, with assistance from the Terrebonne Parish Sheriff’s Office and Louisiana State Police in investigating this matter. Assistant U.S. Attorney Brandon S. Long is in charge of the prosecution.
Honduran National Pleads Guilty to Immigration OffenseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that YAIR ROCHEZ-MARTINEZ, age 37, a citizen of Honduras, pled guilty today 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, ROCHEZ-MARTINEZ was previously removed from the United States on December 27, 2013. He was later found in the Eastern District of Louisiana on May 22, 2016 and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
ROCHEZ-MARTINEZ faces a maximum term of imprisonment of two years, as well as a fine of $250,000. U.S. District Court Judge Lance M. Africk set sentencing for September 22, 2016.
U.S. Attorney Polite praised the work of the U.S. Immigration and Customs Enforcement Agency in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.