Middle District of Louisiana
Press releases recorded for this federal judicial district.
Baton Rouge Man Sentenced to 14 Years for Gun and Drug CrimesRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced today that Chief United States District Court Judge Brian A. Jackson has sentenced Ashford Harris, 33, formerly of Baton Rouge, Louisiana, to serve over 14 years in prison following his convictions for federal drug and firearm charges. HARRIS was also ordered to serve three years of supervised release following imprisonment, to forfeit all property involved in his crimes, and to pay a $300 special assessment.
On November 2, 2016, Harris was indicted by a federal grand jury and charged with one count of possession with the intent to distribute cocaine, diazepam, and marijuana, one count of possession of firearms by a convicted felon, and one count of possession of firearms in furtherance of a drug trafficking crime.
On May 2, 2017, the defendant pled guilty as charged to all three counts. During his guilty plea hearing, Harris, a convicted felon, admitted to possessing with the intent to distribute cocaine, cocaine base, marijuana, synthetic marijuana and diazepam. He further admitted to possessing two semi-automatic rifles, two handguns, and over 200 rounds of ammunition. HARRIS admitted that he possessed these firearms in furtherance of his drug trafficking crime.
Acting U.S. Attorney Amundson stated, “This successful prosecution and the defendant’s lengthy sentence should send a strong message about our commitment to working with our law enforcement partners to get armed drug traffickers off of our streets. Through this prosecution, we were able to get semi-automatic rifles and guns out of HARRIS’s hands and stop him from victimizing our community with his drugs. I sincerely appreciate the hard work by the ATF and the East Baton Rouge Sheriff’s Office in bringing HARRIS to justice.”
This matter was handled by the United States Attorney’s Office for the Middle District of Louisiana, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the East Baton Rouge Parish Sheriff’s Office. This case was prosecuted by Assistant United States Attorney Elizabeth White.
Repeat Tax Fraud Offender Returns to Prison for Thirty-Month SentenceRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced that U.S. District Judge Shelly D. Dick sentenced BELVIN F. TYSON, age 61, of Baton Rouge, Louisiana to serve thirty (30) months in federal prison following her conviction for tax fraud. TYSON was ordered to make restitution to the United States Treasury totaling $100,077 and pay a special assessment of $200. Finally, following her release from prison, TYSON will be required to serve a two-year term of supervised release.
On March 30, 2017, TYSON plead guilty to one count of impeding the due administration of the IRS laws, in violation of 26 U.S.C. § 7212, and one count of access device fraud, in violation of 18 U.S.C. § 1029(a)(3).
As TYSON, a professional tax preparer, admitted in court in connection with her guilty pleas last March, she fraudulently manipulated her clients’ Schedule A deductions and Schedule C income amounts, and added fraudulent dependents to their returns, in order to decrease their tax liability and increase their tax refunds.
To add the fraudulent dependents, TYSON obtained and then sold the personal identifiable information of other individuals to her clients, and then used the information in preparing her clients’ tax returns. TYSON’s fraudulent conduct in tax years 2011 and 2012 resulted in a loss of approximately $100,077 to the United States Treasury. At the time she committed this offense, she was still on federal supervised release for a prior federal tax crime, which she committed in 2009 and for which she was sentenced to serve ten (10) months in federal prison.
Acting U.S. Attorney Amundson stated, “We will continue to aggressively prosecute individuals who interfere with the Internal Revenue Service’s ability to collect taxes. It is critical to this nation that all citizens comply with our revenue laws. This defendant’s pattern of fraudulent conduct cannot be tolerated, and her stiff sentence in this case should send her and other fraudulent tax preparers a strong message. I appreciate the work and effort of the special agents and prosecutors in bringing this defendant to justice.”
Special Agent-in-Charge Jerome R. McDuffie stated, “To the repeat tax cheats, tax fraudsters, and individuals that willfully prepare fraudulent Federal Income Tax Returns for themselves or others, know this: the Special Agents of IRS-Criminal Investigation are watching and doing everything within the power of the law to protect the nation's taxpayers from those who would pilfer and steal from the U.S. Treasury. You can run, but you can't hide.”
This case was investigated by the Internal Revenue Service—Criminal Investigation Division (IRS-CI) and the United States Attorney’s Office. The case was prosecuted by Assistant U.S. Attorney Jessica M.P. Thornhill.
Georgia Sex Offender Sentenced to 25 Years in Federal Prison for Sexual Exploitation of A Louisiana ChildRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced today that Chief U.S. District Court Judge Brian A. Jackson sentenced ERIK VINCENT CLARK, 27, of Chamblee, Georgia, to 300 months in federal prison for sexual exploitation of a minor. CLARK was ordered to serve a 10-year term of supervised release following his release from imprisonment. CLARK was also ordered to pay a $5,100 special assessment. At the conclusion of the sentencing, the Court ordered CLARK to begin serving his sentence immediately and remanded CLARK to the custody of the United States Marshal.
In 2012, CLARK pled guilty to two counts of sexual battery in the State of Georgia. Because of these prior convictions, CLARK was required to register as a sex offender.
On May 12, 2017, CLARK pleaded guilty to sexual exploitation of a minor, in violation of Title 18, United States Code, Section 2251(a) and (e). In connection with his guilty plea, CLARK admitted that, in September 2015, he became acquainted with Child Victim A, a minor child resident of Livingston Parish, Louisiana, through online gaming and social media. In his online chats with Child Victim A, CLARK falsely represented himself to be a 16-year-old boy. After a few days, CLARK obtained Child Victim A’s address and mailed new Xbox headphones to Child Victim A for his use. As their online chats progressed, CLARK asked Child Victim A to engage in sexually explicit conduct via live video chat. CLARK also expressed his intent to travel to Louisiana from Georgia to meet Child Victim A. On October 5, 2015, an investigator assumed Child Victim A’s online identity and sent a fake video file purportedly depicting sexually explicit conduct by Child Victim A to CLARK. Upon receipt, CLARK attempted to open the file and then asked the undercover investigator to send the video again.
Acting U.S. Attorney Amundson stated, “Thanks to the courage of the victim, and the coordinated action of state and federal law enforcement officers in Louisiana and Georgia, Erik Clark did not succeed in his ultimate goal. My office is committed to working with our law enforcement partners to identify and stop sexual predators. This case is a reminder to us all that technology that enhances our everyday lives, such as online gaming and social media, also allows sexual predators to target our children far too easily. More than ever, it is important for families to educate themselves about internet safety.”
“The conviction and sentencing of Erik Clark is a direct result of what can be accomplished when law enforcement agencies on the local, state, and federal levels work together,” said Louisiana Attorney General Jeff Landry. “My office will not rest in our efforts to find child predators and bring them to justice.”
“Identifying and arresting sexual predators remains a top priority for HSI,” said HSI Special Agent-in-Charge Raymond R. Parmer, Jr. “HSI will continue working with our law enforcement partners to arrest those that exploit our children.”
The U.S. Department of Homeland Security (HSI), Immigration and Customs Enforcement (ICE), and the Criminal Division of the Louisiana Attorney General’s Office conducted this joint investigation, with assistance from the DeKalb County (Georgia) Police Department, the Livingston Parish Sheriff’s Office, and the Sex Offender Unit of the Georgia Department of Community Supervision. Assistant U.S. Attorney Cam T. Le, who serves as the Project Safe Childhood Coordinator for the Middle District of Louisiana, prosecuted this matter.
These federal charges are part of Project Safe Childhood, a nationwide initiative by the U.S. 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “Resources” tab for information about Internet safety education.
Former Professional Track Athlete and Paralympic Gold Medalist Sentenced to Federal Prison for Fraudulent SchemeRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson of the Middle District of Louisiana announced that RAPHEW T. REED, JR., age 32, of Baton Rouge, Louisiana, has been sentenced to serve forty eight (48) months in federal prison as a result of his convictions for false representation of a Social Security number and wire fraud. At yesterday’s sentencing, Judge John W. deGravelles further ordered REED to make restitution to his victims totaling $140,973.75 and pay $200 in special assessments. Additionally, REED will be required to forfeit $125,000 in proceeds from his crimes. Following his release from prison, REED will be required to serve a 3-year term of supervised release.
REED is a resident of Baton Rouge, Louisiana. As REED represented at the sentencing hearing, he is an accomplished track and field athlete, having competed at the collegiate level for the University of Mississippi, in the Paralympic Games as a member of the United States Track & Field Team, and ultimately as a professional track athlete. After his track career ended, REED returned to Baton Rouge and entered the world of finance, holding himself out as a financial advisor and as someone who could assist individuals and businesses in obtaining credit and financing.
Ultimately, REED turned to fraud. As REED has admitted, in May of 2012, he knowingly provided a federally insured credit union with a false Social Security number and false documents that misrepresented his identity, income, and credit score, in an attempt to secure a loan. When that scheme failed, from late 2012 through April 2013, REED executed a scheme to defraud another company, which, on November 27, 2012, wired $125,000 to REED. REED fraudulently diverted the funds to his friends, family members, others to whom he owed money, and to another one of his own bank accounts. In 2013, when the victim repeatedly asked REED to return the funds, as he had promised he would do, REED falsely represented to the victim that he was in the process of returning the company’s funds.
During the sentencing hearing, the Court found that REED’s fraudulent conduct spanned several years. In fact, REED defrauded another victim in June of 2014—a former teacher of REED’s in Baton Rouge who believed, based on REED’s representations, that he would invest her money in a hedge fund. Then, in the spring of 2015, REED defrauded a technology company in Los Angeles, California, by making false representations and causing the company to incur expenses based on the false pretense that REED would purchase the company. In total, REED’s scheme had an intended loss of more than $200,000, not counting the potential loss associated with several fraudulent foreign securities and bonds that REED attempted to deposit at various financial institutions during the same time period described above. These fraudulent foreign bonds had a total face value in the hundreds of millions of dollars.
Acting U.S. Attorney Amundson stated, “Thankfully REED’s string of colorful schemes—all of them fraudulent—has finally come to an end. REED’s conduct justifies every day of the lengthy sentence that the Court handed down in this case. We appreciate the hard work of our law enforcement partners to put a stop to REED’s conduct and bring this serial fraudster to justice, and we will continue to aggressively pursue others who would attempt the same type of criminal conduct.”
FBI Special Agent in Charge Jeffrey Sallet stated, “This case is an excellent example of the dedication and focus exhibited by the FBI, United States Attorney's Office, and law enforcement partners throughout this investigation. This outcome should serve as a deterrent to those who attempt to defraud others, particularly those who attempt to use deceit and sophisticated means to avoid prosecution.”
This matter was investigated by the Baton Rouge office of the Federal Bureau of Investigation, with valuable assistance from the Social Security Administration’s Office of Inspector General. The matter was prosecuted by Assistant United States Attorney Alan A. Stevens, who serves as Chief of the office’s Criminal Division.
Final Two Defendants in Multi-State Methamphetamine Ring Sentenced to Federal PrisonRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced the final two sentencings in a federal prosecution aimed at a drug trafficking organization that operated in Louisiana, Mississippi, and Texas. On Wednesday, August 23, 2017, TIMOTHY ROUSSEL, age 38, of Saint Amant, Louisiana, and BRANDON BOURGEOIS, age 43, of Baker, Louisiana, were sentenced by U.S. District Judge James J. Brady for their roles in the drug ring.
These defendants were prosecuted as part of an investigation targeting methamphetamine traffickers operating in and around Baton Rouge. The investigation resulted in federal charges against 15 individuals for federal narcotics violations, including, among others, conspiring to distribute and possess with intent to distribute methamphetamine and possession of firearms in furtherance of the conspiracy. The leaders of the organization were convicted and sentenced as follows:
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RANDY TIBBITS BROWN, a.k.a. Randall Brown, age 37, of Powder Springs, Georgia, was sentenced on February 2, 2017, to serve 15 years in federal prison following his convictions for conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine and possessing firearms in furtherance of the conspiracy.
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TRAYMONDA OWENS, a.k.a. Traymonda Jarmichael Owens, age 26, of Houston, Texas, was sentenced on October 13, 2016, to serve 10 years in federal prison following his convictions for conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine, possession with intent to distribute 500 grams or more of a mixture of substance containing methamphetamine, and using a communications facility to facilitate these crimes.
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TONYA C. BRELAND, a.k.a. Tonya Crawford, age 43, of Pride, Louisiana, was sentenced on June 15, 2017, to serve 5 years in prison following her convictions for conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine, distribution of methamphetamine, and using a communications facility to facilitate these crimes.
Yesterday, Judge Brady sentenced BOURGEOIS to serve 18 months in federal prison and sentenced ROUSSEL to serve 366 days in federal prison for their roles in the drug trafficking ring. In all, through the investigation, 9 defendants were sentenced to prison.
Acting U.S. Attorney Amundson stated, “By successfully pursuing and prosecuting leaders and facilitators of this multi-state drug trafficking group, a group responsible for poisoning our community has been neutralized. Indeed, the enforcement of our federal drug laws must be a significant part of any solution to our current epidemic. I greatly appreciate the dedicated efforts of the prosecutors and agents who contributed to this important operation.”
"These sentencings today deliver a strong message to all who engage in the distribution of illegal drugs that we will work together to see that you are brought to justice. Federal and local law enforcement successfully collaborated in order to put these individuals in federal prison as a result of their desire to supply the citizens of Baton Rouge with methamphetamine,” said Drug Enforcement Administration (DEA) Assistant Special Agent-in-Charge Brad L. Byerley.
This matter was investigated by the U.S. Drug Enforcement Administration. The matter is being prosecuted by Assistant United States Attorneys Robert Piedrahita, Kevin Sanchez, and Ryan Rezaei.
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Baton Rouge Resident Convicted of Stealing Federal Dollars in Fraudulent Social Security Benefits SchemeRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced that LUCILLE WILLIAMS, age 54, of Baton Rouge, Louisiana, pled guilty before U.S. District Judge Shelly D. Dick to stealing funds of a Federal agency, in violation of Title 18, United States Code, Section 641. During the guilty plea hearing yesterday, WILLIAMS admitted that as the authorized payee for Social Security Administration (SSA) benefits to her mother, she continued to collect SSA benefits after her mother’s death. As part of her scheme to steal SSA benefits, WILLIAMS submitted reports to the SSA falsely stating that her mother was still alive and that she used the benefit payments for the care and support of her deceased mother. WILLIAMS admitted that, as a result of her fraudulent scheme, she illegally collected almost $80,000.
Acting U.S. Attorney Amundson stated: “Federal benefit fraud continues to be employed by criminals in the United States. When fraudsters steal funds intended for legitimate purposes, their criminal conduct victimizes not only our federal agencies but also all taxpayers. My office works in conjunction with the Social Security Administration’s Office of the Inspector General to aggressively identify and prosecute defendants like this who mistakenly believe that their fraudulent conduct will continue indefinitely and undetected.”
Special Agent-in-Charge Robert G. Feldt stated: “The Social Security Administration, Office of Inspector General, will tirelessly investigate and bring to justice those who commit fraud against Social Security Programs.”
This ongoing investigation is being conducted by the Dallas Field Division of the Social Security Administration’s Office of Inspector General and the Affirmative Civil Enforcement Unit of the United States Attorney’s Office. It is being prosecuted by Assistant United States Attorney Paul L. Pugliese
Statement Regarding BRPD Chief RetirementRead the Press Release
BATON ROUGE, LA - Acting United States Attorney Corey R. Amundson stated, “We greatly appreciate Chief Carl Dabadie’s strong leadership and sacrifice in leading the men and women of the Baton Rouge City Police Department through a very difficult chapter in our city's history. Under his leadership, our federal, state, and local law enforcement agencies have coordinated against violent crime in an unprecedented way. This unified front will remain essential in continuing to better our community by addressing the challenges we face.”
Baton Rouge Home Health Company Settles False Claims Act Case for $1.7 MillionRead the Press Release
BATON ROUGE, LA - Acting United States Attorney Corey R. Amundson announced that CHARTER HOME HEALTH, a Baton Rouge-based healthcare company, has agreed to settle a civil fraud complaint filed under the federal False Claims Act by paying the United States $1.7 million and entering into a Corporate Integrity Agreement.
The settlement arises from an investigation into allegations that Charter Home Health, through its officers, paid Veronica Green and others for patient referrals from 2006 through 2012, in violation of Medicare’s Anti-Kickback provisions. The settlement resolves the matter as to Charter Home Health and its officers, Wandell Rogers and Allison Williams.
As part of the settlement, Charter Home Health has agreed to enter into a Corporate Integrity Agreement (CIA). The CIA promotes compliance with the statutes, regulations, program requirements, and written directives of Medicare and all other federal health care programs, specifically dealing with, among other things, proper billing and submission of reimbursement claims by Charter Home Health.
The investigation leading to this settlement also resulted in Veronica Green’ s conviction for Social Security benefits fraud in the Middle District of Louisiana. Green had fraudulently concealed her receipt of the Charter referral payments from the Social Security Administration in order to continue receiving Social Security disability income. As a result, Green received $152,627 in social security benefits to which she otherwise would not have been eligible.
Acting U.S. Attorney Amundson stated, “We will continue to use all civil and criminal tools at our disposal to protect our tax dollars. I appreciate the hard work of the attorneys and investigators who handled this important matter on behalf of the United States. This settlement rightly results in the return of money to the federal government, along with a Corporate Integrity Agreement to help prevent any future improprieties.”
“Home health care providers who pay kickbacks in exchange for patient referrals will be held responsible at the settlement table. We will continue to crack down on such illegal, wasteful business kickback arrangements, which undermine medical judgement, corrode the public’s trust in the health care system, and divert scarce Medicare funding,” said Special Agent-in-Charge C.J. Porter, U.S. Department of Health and Human Services Office of Inspector General.
This matter was handled by the United States Attorney’s Office for the Middle District of Louisiana, through Assistant United States Attorney Catherine Maraist; the Dallas Regional Office of the United States Department of Health and Human Services, Office of Inspector General; and the Baton Rouge Office of the Social Security Administration.
Sex Offender Pleads GuiltyRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced that Johnny June Mason, Jr., age 48, of New Orleans, Louisiana, and Houston, Texas, pled guilty today in federal court before Chief Judge Brian A. Jackson to a one-count indictment charging him with failing to register and update his registration as a sex offender.
Mason was convicted on May 5, 1990, of aggravated rape and aggravated crimes against nature in Orleans Parish District Court, State of Louisiana, and was sentenced to serve 20 years in prison. Because of this conviction, Mason is required by state and federal law to maintain a sex offender registration in his place of residence. After being released from prison in Louisiana, Mason moved to Houston. Texas.
In June 2016, Mason left his residence in Harris County, Texas, traveled in interstate commerce and established his residence in Baton Rouge, Louisiana, where he lived through May 16, 2017. That month, the Texas Department of Public Safety issued a warrant for Mason’s arrest for a parole violation, and in October 2016, a second warrant was issued for his failure to resister as sex offender in Harris, County.
After an extensive investigation, the United States Marshals Service in Baton Rouge located Mason living in an empty apartment off Sharp Lane and arrested him. At the time of his arrest in Baton Rouge, Mason was on the Texas Department of Public Safety’s Top Ten Most Wanted Sex Offender’s List.
Mason is scheduled to be sentenced in early November.
This matter is being prosecuted by Assistant United States Attorney Lyman E. Thornton III and investigated by the U.S. Marshals Service.
Armed Drug Trafficker Convicted at TrialRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced today that a federal jury has convicted QUINTON HALL, age 32, of Baton Rouge, Louisiana, of various drug trafficking crimes, and illegally possessing a firearm in connection with the crimes, based on the defendant’s efforts to distribute methamphetamine throughout Livingston, Louisiana, and Gonzales, Louisiana, in 2015. Earlier this afternoon, after a three-day trial, the jury unanimously returned guilty verdicts on all four counts presented at trial, namely, conspiracy to distribute and possess with the intent to distribute fifty grams or more of methamphetamine, attempted possession with the intent to distribute five grams or more of methamphetamine, distribution of fifty grams or more of methamphetamine, and possession of a firearm during and in relation to a drug trafficking crime.
As the evidence at trial demonstrated, HALL would obtain kilogram and multi-ounce quantities of methamphetamine from suppliers in Texas and California. Working with other individuals in Gonzales and Walker, Louisiana, HALL would distribute the methamphetamine to customers in Livingston and Ascension Parishes. During the conspiracy, for instance, in January of 2015, HALL caused a mail parcel containing more than 300 grams of methamphetamine to be mailed from California to an address in Walker, Louisiana, where HALL believed he would be able to pick up the parcel. On January 22, 2015, HALL attempted to possess more than five grams of methamphetamine, which he intended to distribute. Later, on August 19, 2015, HALL actually distributed fifty grams or more of methamphetamine. On that date, he was arrested and found to be in possession of a Smith & Wesson 9mm pistol, which HALL concealed in a compartment behind the stereo of his vehicle.
As a result of his convictions, HALL faces a lengthy federal prison sentence, including a mandatory minimum sentence of not less than 15 years in prison as a result of the conspiracy and firearms counts. HALL also faces significant fines and forfeiture. HALL is scheduled to be sentenced on November 9, 2017.
Acting U.S. Attorney Corey Amundson stated, “Today reaffirms, yet again, that armed drug traffickers will find no safe quarter in federal court. I applaud the thoughtful decisions of the unanimous jury, and the excellent work of the prosecutors and the federal, state, and local law enforcements agencies who all worked seamlessly together to bring this trafficker to justice. Our collective work to make our communities safer must and will continue with vigor.”
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the United States Drug Enforcement Administration, the United States Postal Inspection Service, the Livingston Parish Sheriff’s Office, and the Ascension Parish Sheriff’s Office. The investigation received valuable assistance from the Louisiana State Police. This matter is being prosecuted by Assistant United States Attorneys Ryan Crosswell and J. Brady Casey.
Baton Rouge-Based Medicare Fraud Strike Force Announces Charges Against Four More Individuals for Health Care Fraud and Related OffensesRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced today the unsealing of two federal grand jury indictments charging four individuals with health care fraud and related offenses. The cases were unsealed as part of the 2017 National Health Care Fraud Takedown, during which federal, state, and local law enforcement partners announced charges of more than 400 defendants across 41 different federal judicial districts.
The Medicare Fraud Strike Force is part of the joint initiative announced in May 2009 between the U.S. Department of Justice and the U.S. Department of Health and Human Services to reduce and prevent Medicare and Medicaid fraud through enhanced cooperation. In December 2009, a Medicare Fraud Strike Force team was deployed in the U.S. Attorney’s Office in Baton Rouge, Louisiana. Strike Force teams bring together the resources of the U.S. Department of Health and Human Services—Office of Inspector General, the Federal Bureau of Investigation, the U.S. Department of Justice’s Criminal Division—Fraud Section, the U.S. Attorneys’ Offices, and other law enforcement agencies, including, in Baton Rouge, the Louisiana Attorney General’s Medicaid Fraud Control Unit. Over the past seven years, the team has continued working in Baton Rouge and expanded across southern Louisiana.
Louisiana Spine & Sports
In the first case, a federal grand jury has returned an indictment charging John Eastham CLARK, M.D., age 65, of Baton Rouge, Louisiana, and Charlene Anita SEVERIO, age 54, of Walker, Louisiana, with conspiracy to commit wire fraud and health care fraud. The charges stem from Dr. CLARK and SEVERIO’s role in a $4.4 million fraud scheme in which Dr. CLARK and SEVERIO allegedly submitted false claims to Medicare and private insurance companies on behalf of Louisiana Spine & Sports LLC, a pain management clinic in Baton Rouge co-owned by Dr. CLARK. Namely, according to the indictment, Dr. CLARK, and SEVERIO, his billing supervisor, falsified claims to indicate that certain minor surgical procedures occurred on separate days as patient visits, and then instructed employees to create false records substantiating those claims. The indictment also alleges that the defendants submitted false claims seeking reimbursement for medically unnecessary quantitative urinalysis tests. The indictment charges both defendants with two counts of conspiracy to commit wire fraud and health care fraud, and charges Dr. CLARK with an additional two counts of health care fraud. This ongoing investigation is being handled by Dustin Davis, who serves as Assistant Chief of the Department of Justice’s Criminal Division—Fraud Section, Assistant U.S. Attorney Adam Ptashkin, and Jared Hasten of the Fraud Section.
Express ACA
In the second case, a federal grand jury has returned an indictment charging Keaton L. COPELAND, age 32, of Miramar, Florida, and Dorothy V. DELIMA, a/k/a Dorothy V. Copeland, age 45, of Davie, Florida, with a scheme to submit fraudulent health insurance applications to Blue Cross/Blue Shield of Louisiana and other private insurers. According to the indictment, the defendants owned and operated Express ACA, LLC, a health insurance brokerage company in Florida, and they devised a scheme to submit fraudulent health insurance applications to various insurers for health insurance plans that would satisfy the Affordable Care Act’s “minimum essential coverage” requirement. Specifically, according to the indictment, the defendants submitted numerous fraudulent applications for so-called “bronze plans,” the premiums for which were fully subsidized by the U.S. Government, without the named applicants’ knowledge, consent, or authorization. The indictment charges both COPELAND and DELIMA with conspiracy to commit wire fraud and five counts of wire fraud, and the indictment also charges COPELAND with additional counts of wire fraud and aggravated identity theft. This ongoing investigation is being handled by Assistant United States Attorneys J. Brady Casey and Ryan R. Crosswell.
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Since its inception, the Baton Rouge-based Medicare Fraud Strike Force has charged more than 80 defendants with health care fraud and related offenses, achieving a 95% conviction rate and sending nearly 50 of those defendants to federal prison.
Acting U.S. Attorney Corey Amundson stated, “Our medical providers spend countless hours caring for our everyday ailments, improving and extending our lives, and often fighting for us in our most desperate hours. They are rightly viewed as some of the most trusted and respected members of our society. Too often, the few dishonest providers hijack this well-earned respect and trust to line their own pockets through fraud. My office, which has sent nearly 50 healthcare fraud defendants to federal prison since the inception of the Medicare Fraud Strike Force, will continue to work tirelessly with our outstanding federal, state, and local partners to root out these bad actors. I greatly appreciate all those who have contributed to this important and successful law enforcement effort.”
“The indictments returned in both of these cases affirm our commitment to protecting the integrity of our nation’s health insurance programs,” said Special Agent-in-Charge C.J. Porter of the United States Department of Health and Human Services, Office of Inspector General’s (OIG) Dallas Regional Office. “These investigations are also indicative of our continuing efforts to work closely with our Federal and State law enforcement partners to identify and bring to justice those who deliberately manipulate health insurance systems to fraudulently obtain money from Medicare, Medicaid and other federally funded health care programs.”
Jeffrey S. Sallet, the Special Agent-in-Charge of the New Orleans Division of the Federal Bureau of Investigation, stated, “Countless Americans rely on the Medicare and Medicaid programs for essential health coverage. The New Orleans Division of the FBI, along with its local, state and federal partners, will continue to identify and pursue any individuals or entities who would seek to harm and diminish these programs through fraud.”
Louisiana Attorney General Jeff Landry stated, “The success of this initiative shows that collaboration between law enforcement agencies at all levels combats crime. Our investigators work around the clock to fight waste, fraud, and abuse in Medicaid. My office and I are committed to doing all we can to save taxpayer money and protect this program for the people in our State that need it the most. I am proud of the results our team achieved during this operation and what we do daily to reduce Medicaid fraud.”
NOTE: An indictment is an accusation by the Grand Jury. The defendants are presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Three Louisiana Residents Indicted for Insider Trading in Connection with Shaw Group AcquisitionRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced today that three more individuals have been charged with insider trading in connection with the acquisition of the Shaw Group. A federal grand jury sitting in the Middle District of Louisiana has indicted KELLY LIU, age 31, SALVADOR RUSSO, III, age 34, both of Baton Rouge, Louisiana, and VICTORY HO, age 38, of Morgan City, Louisiana, with conspiracy to commit securities fraud (insider trading), in violation of Title 18, United States Code, Section 371, and securities fraud (insider trading), in violation of Title 15, United States Code, Sections 78j(b) and 78ff, and Title 17, Code of Federal Regulations, Sections 240.10b-5 and 240.10b5-1. If convicted, each face significant incarceration, fines, restitution, and supervised release following imprisonment.
The Indictment alleges that from on or before July 18, 2012, and continuing to at least July 30, 2012, LIU and her boyfriend RUSSO, along with associate HO, engaged in a scheme to profit from inside information about the upcoming merger between The Shaw Group (“Shaw”) and Chicago Bridge and Iron Company (“CB&I”).
According to the allegations contained in the Indictment, which was returned by the grand jury earlier today, in mid-2012, Shaw was considering a potential merger opportunity. At the time, LIU was a Shaw employee working in the Financial Planning and Analysis Department. In late July 2012, Shaw and CB&I came to an agreement whereby CB&I acquired all outstanding shares of Shaw stock. The merger between the two companies was publicly announced on July 30, 2012 (“the public announcement”). As a result of the public announcement, Shaw’s stock price rose substantially.
The Indictment alleges that, prior to the public announcement and through her job at Shaw, LIU obtained inside information that Shaw was being acquired by another company and passed the inside information to HO, through another individual, and to RUSSO, for their use in trading Shaw securities. Thereafter, HO and RUSSO allegedly purchased Shaw securities before the public announcement. HO sold his Shaw securities after the public announcement had caused Shaw’s stock price to rise, while RUSSO held his Shaw securities, all at the expense of Shaw shareholders and potential Shaw shareholders who were not privy to the inside information. The Indictment also alleges that HO made over $294,000, and RUSSO over $2,500 in unrealized profits, from their illegal insider trading activities.
Prior to the Indictment announced today, three other individuals have been charged in the Middle and Western Districts of Louisiana with securities fraud offenses related to the Shaw merger. One defendant has pled guilty, and the remaining two are scheduled for trial.
Acting U.S. Attorney Amundson stated: “Insider trading undermines investor confidence in the fairness and integrity of the securities markets, and cheats those honest investors who play by the rules. My office will continue to work aggressively with our excellent partners with the FBI, IRS-Criminal Investigations, the U.S. Secret Service, the Securities and Exchange Commission, the Financial Industry Regulatory Authority, and others to pursue such important matters whenever merited.”
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana and the Baton Rouge offices of the FBI, Secret Service, and IRS-Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Chris Dippel, Patricia Jones, and Adam Ptashkin.
NOTE: An indictment is an accusation by the Grand Jury. A defendant is presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Op-Ed by Acting U.S. Attorney Corey Amundson Regarding Anniversary of Mass Shooting of Police Officers in Baton RougeRead the Press Release
Monday is the year anniversary of the mass murder in Baton Rouge of three of our law enforcement heroes and the wounding of three others, one critically. We should all take this somber occasion to remember and celebrate the fallen and wounded officers and to give some comfort – however small it may be – to their families.
It has often been said that the line between order and chaos is blue. I firmly believe this to be true. Without a doubt, our police officers hold one of the most important and impactful roles in our society.
Police officers protect our community against sexual predators who prey upon the most vulnerable among us; drug traffickers who use violence and addiction to end some lives and wreak havoc on others; and dangerous and often armed criminals who threaten the security and safety of all around them. They also serve our community in countless other ways, especially during times of crisis and disaster, risking their own safety to rescue others who find themselves in their darkest hours.
Police officers teach us all what being a hero really means. It is not about money. It is not about having an easy life. It is about fulfilling a calling to help others. The men we honor this week are perfect examples of police officers who answered that calling. Their service was a blessing to all of us.
Corey R. Amundson
Acting United States Attorney
Middle District of Louisiana
Baton Rouge, Louisiana
Illegal Alien Charged with Possessing and Attempting to Produce Child PornographyRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced today that a federal grand jury has indicted VICTOR ZELAYA-FUNEZ, age 37, a Honduran national residing in Zachary, Louisiana, for possessing and attempting to produce child pornography, in violation of Title 18, United States Code, Sections 2251 and 2252A. He faces a mandatory minimum 15-year prison term.
ZELAYA-FUNEZ also faces a separate federal indictment charging him with illegal re-entry into the United States by a removed alien. That charge, which was filed on December 8, 2016, remains pending. Both indictments were returned in the Middle District of Louisiana.
Acting U.S. Attorney Amundson stated, “The aggressive prosecution of illegal aliens engaged in the sexual exploitation of children is a top priority of the U.S. Department of Justice generally and this office in particular. I greatly appreciate the outstanding efforts of our excellent federal, state, and local partners in addressing this important criminal justice priority.”
This investigation was conducted by the U.S. Department of Homeland Security, Homeland Security Investigations and Enforcement Removal Operations, and the East Baton Rouge Parish Sheriff’s Office, with assistance from the East Baton Rouge Parish District Attorney’s Office. The matter is being prosecuted by Assistant United States Attorney Ryan Rezaei.
NOTE: An indictment is an accusation by a grand jury and a defendant is presumed innocent unless and until adjudicated guilty at trial or through a guilty plea.
Heroin Trafficker Convicted of Distributing More Than Five Kilograms of Heroin in Operation Dirty BirdRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced the conviction of a multi-kilogram heroin trafficker from Ascension Parish who distributed more than five kilograms of heroin between February and April of 2016. Jason Muse pled guilty to 20 counts of a federal indictment charging him and 17 others in Operation Dirty Bird, an extensive federal, state, and local investigation aimed at dismantling a large scale heroin trafficking network based in Ascension Parish, Louisiana, and Houston, Texas.
On July 11, 2017, Jason Muse, age 37, formerly of Prairieville, Louisiana, pled guilty to conspiracy to distribute and possess with the intent to distribute heroin, two counts of distribution of heroin, possession of a firearm in furtherance of a drug trafficking crime and 16 counts of unlawful use of a communications facility in committing distribution and possession with intent to distribute heroin.
As Muse acknowledged during his guilty plea, beginning in September 22, 2015, and continuing until April of 2016, he conspired with others to obtain and distribute large quantities of heroin. Specifically, Muse admitted to obtaining a half of a kilogram of heroin on February 10, 2016, and kilograms of heroin on February 23, 2016, March 6, 2016, March 20, 2016, and March 25, 2016. Muse further admitted to possessing on April 1, 2016, in his residence in Prairieville, heroin for distribution, a loaded Smith and Wesson .40 caliber pistol, two digital scales, a money counter, and a metal hydraulic press and also possessing in the trunk of his 2007 Mercedes CLS550, $109,306 in drug proceeds, additional heroin, crack cocaine, oxycodone and four handguns.
Muse faces a mandatory sentence of not less than 10 years or more than life for the drug conspiracy count [21 U.S.C. § 841(a)(1)] and an additional mandatory sentence of not less than five years or more than life for the firearm possession in furtherance of the drug trafficking conspiracy [18 U.S.C. § 924(c)], for a mandatory minimum sentence of 15 years to life.
Acting U.S. Attorney Amundson stated, “Every community and every person deserves peace, security, and freedom from the tyranny of armed drug traffickers. This is one of the many reasons that drug trafficking is, and will continue to be, a top priority for my office and the U.S. Department of Justice. I commend the diligent and outstanding efforts of all the prosecutors and agents who have worked on this important matter.”
This investigation is being handled by the U.S. Attorney’s Office, the U.S. Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Baton Rouge City Police Department, the Ascension Parish Sheriff’s Office, the Iberville Parish Sheriff’s Office, the West Baton Rouge Parish Sheriff’s Office, the East Baton Rouge Parish Sheriff’s Office, the Louisiana State Police, and the Gonzales Police Department. This matter is being prosecuted by Assistant United States Attorney Jennifer Kleinpeter, who also serves as a deputy criminal chief.
Pennsylvania Man Charged with Defrauding Baton Rouge Business in Fraudulent SchemeRead the Press Release
BATON ROUGE, LA - Acting United States Attorney Corey R. Amundson announced today that his office has charged a Pennsylvania man by Bill of Information with a wire fraud scheme for allegedly defrauding a Baton Rouge company and causing more than $500,000 in loss. If convicted, the defendant could face imprisonment for up to 20 years, a significant fine, restitution, forfeiture, and supervised release following imprisonment.
The Bill of Information filed today charges MURRAY CARL NEEREN, age 68, of Holland, Pennsylvania, with devising a scheme to defraud, and to obtain money and property from Edgen Murray Corporation of Baton Rouge (“Edgen”), by means of materially false and fraudulent pretenses. Edgen is a global supplier of specialized products for energy and infrastructure markets, and supplies steel plate, pipes, fittings, flanges, valves, and other products to customers all over the world.
The Bill alleges that NEEREN worked for Edgen as an independent contractor and was based in Conshohocken, Pennsylvania. According to the Bill, NEEREN devised a scheme, using email and telephonic communications, to mislead Edgen regarding NEEREN’s work. NEEREN intentionally misled Edgen with respect to the cost of materials he was purchasing, for instance, and caused Edgen to believe that it was making a profit on subsequent sales involving the materials, when in fact NEEREN was re-selling the materials at a small profit or even at a loss. The bill alleges that NEEREN’s scheme caused Edgen to pay him $157,152.31 in fraudulent commission payments, and caused a total loss to Edgen of $592,584.07.
This matter is being investigated by the Federal Bureau of Investigation (FBI). The case is being prosecuted by Assistant United States Attorneys Pete Smyczek and Rene Salomon.
NOTE: A bill of information is an accusation by the Acting U.S. Attorney. The defendant is presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
School Owner and Ceo Convicted of Federal Financial Aid Fraud Offenses and Money LaunderingRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced today that a federal jury has convicted ALDEN HALL, age 58, of Baton Rouge, Louisiana, of numerous federal offenses in connection with her multi-year scheme to defraud the United States Department of Education and steal Pell Grant funds. Earlier this afternoon, after a four-day trial, the jury unanimously returned guilty verdicts on all five counts presented at trial, including three counts of theft of government funds, one count of fraudulently obtaining financial assistance funds, and one count of money laundering. HALL is scheduled to be sentenced on November 30, 2017.
At all relevant times, HALL was the owner and Chief Executive Officer of Alden’s School of Cosmetology and Alden’s School of Barbering in Baker, Louisiana. As the evidence demonstrated, HALL engaged in a scheme to steal government funds by causing misrepresentations to be submitted to the Department of Education. For instance, HALL represented to the Department that certain students were enrolled in Pell Grant-approved programs of instruction when HALL knew that they were actually in programs of instruction that did not qualify for Pell Grants. HALL caused false and forged documents to be submitted as part of certain students’ financial aid packages, and caused misrepresentations to the Department about the number of hours that certain students had attended class and their standing at the school, when in fact the individuals had never attended class. Through the scheme, HALL and her businesses fraudulently received more than $100,000 in federal funds. Finally, in December of 2011, as proceeds were being generated from HALL’s fraudulent scheme, she engaged in money laundering by transferring criminally derived property of a value greater than $10,000 from a bank account to a check issued to herself.
Acting U.S. Attorney Corey Amundson stated, “This defendant, and others who would steal from government programs intended to help those in need, must be held accountable for their crimes. Today’s verdict does just that. I greatly appreciate the hard work of the U.S. Department of Education’s Office of Inspector General, the Federal Bureau of Investigation, the Internal Revenue Service’s Criminal Investigations Division, the Louisiana Office of Inspector General, and the prosecutors in this office in uncovering this defendant’s fraudulent scheme and securing the defendant’s conviction today.”
Louisiana State Inspector General Stephen Street commented, “We have zero tolerance for those who defraud government programs, and will continue to make pursuing these criminal cases a top priority."
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana and the U.S. Department of Education – Office of the Inspector General, the Federal Bureau of Investigation, the Internal Revenue Service, and the Louisiana Office of Inspector General. It is being prosecuted by Assistant United States Attorneys Ryan Crosswell and Jessica M.P. Thornhill.
Leader of Drug Organization Sentenced to 27 Years in PrisonRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced today that U.S. District Judge Shelly D. Dick sentenced Wilbert Mathes, 40, to twenty seven (27) years in federal prison, as the leader of a large scale drug trafficking network operating in the Baton Rouge region. Mathes was also ordered to forfeit to the United States $593,000, representing the drug proceeds generated during the conspiracy.
At the conclusion of a four-day jury trial on September 22, 2016, Mathes was convicted of conspiracy to distribute more than 500 grams of cocaine and cocaine base, distribution of cocaine, possession with the intent to distribute more than 500 grams of cocaine, and unlawful use of a communications facility.
The defendant and his seven co-conspirators were charged in a multi-count superseding indictment on October 29, 2015, with conspiracy to distribute and possess with the intent to distribute 500 grams or more of cocaine and cocaine base, distribution of cocaine, possession of firearms by a convicted felon, unlawful use of communications facilities and forfeiture. The co-conspirators have previously been found guilty of the charges against them.
The investigation, deemed Operation Roadblock, was another effort by the Organized Crime Drug Enforcement Task Force (OCDETF) Program which was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. The OCDETF Program operates nationwide and combines the resources and unique expertise of numerous federal, state, and local agencies in a coordinated attack against major drug trafficking and money laundering organizations.
Acting U.S. Attorney Amundson stated, “My office, together with our federal, state, and local partners, will continue to focus our energies and resources on prosecuting the members of these large scale drug trafficking organizations to the full extent of the law. These organizations must be eradicated to protect the citizens of Baton Rouge from the crime and violence associated with their operations.”
Drug Enforcement Administration (DEA) Assistant Special Agent-in-Charge Brad L. Byerley stated, “The sentencing today of Wilbert Mathes sends a message to all who engage in the distribution of illegal drugs - we will work together to see that you are brought to justice. Federal and local law enforcement successfully collaborated in order to put Mathes in federal prison for 27 years as a result of his desire to supply the citizens of Baton Rouge with cocaine.”
This operation was handled by the U.S. Attorney’s Office, the U.S. Drug Enforcement Administration, the Baton Rouge City Police Department, East Baton Rouge Sheriff’s Office, West Baton Rouge Parish Sheriff’s Office, Louisiana State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This matter was prosecuted by Assistant United States Attorney Jennifer Kleinpeter, who also serves as a Deputy Criminal Chief, and Assistant United States Attorney Jessica Thornhill.
Company Owner Sentenced to Lengthy Prison Sentence in Federal Bank Fraud ScamRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced today that CARL D. WRIGHT, age 48, of Central, Louisiana, was sentenced yesterday by Senior U.S. District Judge James J. Brady to a term of imprisonment of 72 months, following WRIGHT’S convictions for bank fraud and making false statements to financial institutions. Following his release from imprisonment, WRIGHT will be required to serve a three-year term of supervised release. WRIGHT was also ordered to pay restitution of $2,857,999, a special assessment of $500, and forfeit all property traceable to the proceeds of the scheme.
WRIGHT operated a company called Nevada Systems, Inc., which was in the business of renovating residential properties. From approximately August 2004 until November 2010, fraudulently obtained millions of dollars from numerous Baton Rouge-area financial institutions. His scheme included providing the financial institutions with a false social security number, concealing his prior felony convictions, fraudulently underreporting his liabilities by $2 million, and other materially false and fraudulent misrepresentations. As a result of his scheme, 12 financial institutions sustained losses totaling more than $2.8 million.
Acting U.S. Attorney Amundson stated: “Major financial fraud, such as the scheme in this case, must be and will be aggressively pursued by our office, along with our federal, state, and local partners. These schemes cause tremendous losses to businesses in our community and make it harder for honest businesspeople to succeed. I greatly appreciate the tremendous effort of the FBI and the prosecutors in bringing the defendant to justice.”
FBI Special Agent-in-Charge Jeffrey S. Sallet stated: “Motivated by greed, the defendant orchestrated a sophisticated scheme which left his victims holding the bag on $2.8 million in losses. I want to commend the efforts of the assigned prosecutors and agents who worked tirelessly on this case to unravel the defendant’s web of deceit. The New Orleans Division of the FBI will continue to work together with its local, state and federal partners to hold accountable those fraudsters who attempt to fraudulently game our nation’s banking system for their own financial gain.”
This matter was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys J. Brady Casey and Peter Smyczek.
Illegal Alien Convicted of Illegal Possession of FirearmsRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced today that OCTAVIO BRINGAS-POSADAS, age 50, an illegal alien from Mexico, pled guilty before U.S. District Court Judge Shelly D. Dick to being an illegal alien in possession of several firearms and illegal re-entry into the United States by a removed alien. BRINGAS-POSADAS faces imprisonment, fines, restitution orders, forfeiture, and a term of supervised release as well as deportation following imprisonment. A sentencing date has not yet been scheduled.
BRINGAS-POSADAS acknowledged during his guilty plea hearing that he illegally possessed three (3) firearms, two (2) revolvers, and one (1) pistol, as well as three (3) different types of ammunition. BRINGAS-POSADAS further acknowledged that he was illegally in the United States and had been previously deported from the United States in 2012.
This matter was investigated by the U. S. Department of Homeland Security, Immigration and Customs Enforcement; the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; the Louisiana State Police; and the East Baton Rouge Sheriff’s Office. This matter is being prosecuted by Assistant U.S. Attorneys Kevin R. Sanchez and Jessica M.P. Thornhill.
Child Predator Sentenced to 30 Years in Federal PrisonRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced today that U.S. District Judge Shelly D. Dick sentenced JIMMY R. DAVIS, age 29, of Zachary, Louisiana, to serve thirty (30) years in federal prison following his convictions for distribution of child pornography and transferring obscene material to a minor. DAVIS was also ordered to make $9,000 in restitution payments to victims and will be required to serve a twenty (20) year term of supervised release upon his release from prison.
This criminal case began when Ventura County Sheriff’s Deputies in Ventura County, California, based on information received from the National Center for Missing and Exploited Children, executed a search warrant at a residence in California. Forensic examiners with the Southern California High Tech Task Force discovered that a fifteen (15) year-old child, Child Victim A, had received child pornography from an individual with the online profile “BoomBoomPow.” Forensic examination of Child Victim A’s electronic devices revealed that BoomBoomPow was twenty-seven (27) at the time, lived and worked in the Zachary/Baker area, had a specific anime-style tattoo, and frequented local Wal-Mart stores.
Baton Rouge FBI Agents began distributing photographs of the relevant tattoo to Zachary-area businesses, including Wal-Mart. After seeing the FBI photo, a Wal-Mart employee recognized the tattoo, informed the FBI, and discussed the situation with her co-workers. Days later, another employee saw a man (DAVIS) with a matching tattoo and contacted the Zachary Police Department. Zachary Police informed the FBI, and DAVIS was interviewed and arrested. Subsequent investigation revealed that the DAVIS had taken pornographic images of a very young child, Child Victim B, while she was lying in a crib, before distributing them to Child Victim A.
Acting U.S. Attorney Amundson stated, “Through his despicable actions, this defendant earned every minute of his 30-year prison sentence. Protecting our children from child predators will continue to be a top priority of this office. I highly commend those members of our community who helped to ensure that justice was done. We look forward to continuing to work with the public and our excellent federal, state, and local law enforcement partners to aggressively pursue those whose crimes involve the sexual exploitation of children.”
FBI New Orleans Special Agent-in-Charge (SAC) Jeffrey S. Sallet stated, “Safeguarding children is one of the FBI New Orleans Division’s highest priorities. We are committed to seeking out child predators and working with our federal, state, and local law enforcement partners to bring them to justice. This investigation and sentence demonstrates that commitment.”
The case was investigated by the Baton Rouge Office of the Federal Bureau of Investigation, the Ventura County Sheriff’s Office, and the Southern California High Tech Task Force, with substantial assistance from the Zachary Police Department. This case was prosecuted by Assistant U.S. Attorneys Ryan Crosswell and Chris Dippel, who serves as a Deputy Chief of the Criminal Division.
Sex Offender Who Failed to Register Sentenced to over 6 Years in PrisonRead the Press Release
BATON ROUGE, LA –Acting United States Attorney Corey Amundson announced today that Bryant Emerson Freeman, age 40, of Grants Pass, Oregon, was sentenced by U.S. District Judge Shelly D. Dick to a total of 73 months in federal prison as a result of failing to update his registration as a sex offender and violating the terms of his supervised release.
In April 2016, FREEMAN absconded from a federal halfway house in Baton Rouge. Three months later, he was caught in Seattle, Washington. FREEMAN, a convicted rapist, was required to report to authorities every three months and update his sex offender registration. FREEMAN failed to adhere to these requirements after fleeing the halfway house, resulting in the instant prosecution and sentence. While granting the government’s request for a severe sentence, the Court noted that FREEMAN had a pattern of failing to comply with sex registration laws and risked being a recidivist.
Acting U.S. Attorney Amundson stated: “Requiring sex offenders to register is critical to protecting our community, especially our children, from those who may pose a heightened threat. Sex offenders who fail to abide by such registration requirements face severe consequences, as illustrated by today’s sentence. I greatly appreciate the commitment of the U.S. Marshal’s Service and the prosecutors in my office in pursuing these offenders.”
Acting United States Marshal Randy Breckwoldt stated: “The investigation and apprehension of sex offenders is a top priority in this District. The Marshal’s Service will continue to work tirelessly to bring to justice any sex offender who fails to register.”
This matter was prosecuted by Assistant United States Attorney Lyman E. Thornton III and investigated by the United States Marshal’s Service.
Sex Trafficker ConvictedRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced that UDRAKA ROBERTS-BEY, age 26, of New Orleans, Louisiana, pled guilty yesterday before U.S. District Judge Shelly D. Dick to conspiring to engage in sex trafficking of a minor, in violation of Title 18, United States Code, Section 1594(c).
During yesterday’s guilty plea hearing, ROBERTS-BEY admitted that, in June 2016, he conspired with others to knowingly provide, maintain, and solicit a 15-year-old to engage in commercial sex acts. He specifically admitted to having arranged on multiple occasions for the minor victim to engage in commercial sex acts with individuals who offered to pay for the sex acts. He also admitted to transporting the minor victim from Baton Rouge to New Orleans and then back to Baton Rouge to make the minor victim available to engage in commercial sex acts.
A federal grand jury indicted ROBERTS-BEY in July 2016. The indictment resulted from a coordinated federal, state, and local law enforcement operation involving representatives of the Middle District of Louisiana Human Trafficking Task Force who had identified ROBERTS-BEY’s prostitution enterprise and successfully rescued the victim from a Baton Rouge hotel.
Acting U.S. Attorney Amundson stated, “Human trafficking serves as a reminder of the evil and dangers that exist in our world. Predators who engage in such activity in this district should count on facing the unrelenting and aggressive attention of my office, state prosecutors, the FBI, the U.S. Department of Homeland Security, and our other federal, state, and local law enforcement partners. Through the Middle District of Louisiana Human Trafficking Task Force, our coordinated efforts will continue to focus on rescuing victims and ensuring that justice is done in whatever venue – federal or state – will ensure the most appropriate outcome.”
FBI Special Agent-in-Charge Jeff Sallet stated, “Human trafficking, particularly involving juveniles, is a heinous crime targeting the most vulnerable among us. The FBI will continue to work with our federal, state and local partners to identify, target and stop those engaged in exploiting children.”
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the FBI New Orleans Division, East Baton Rouge Sheriff’s Office, and Louisiana State Police, with assistance from the East Baton Rouge District Attorney’s Office and U.S. Department of Homeland Security – Homeland Security Investigations. This case is being prosecuted by Assistant United States Attorney Paul L. Pugliese.
Final Member of Gulf Coast Drug Trafficking Ring Sentenced to Lengthy Federal Prison TermRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced the fifth and final sentencing in a series of federal prosecutions aimed at a drug trafficking ring which operated in the Gulf Coast states. On Thursday, May 11, 2017, KENDALL LEWIS, age 27, of Lecanto, Florida, appeared before Chief U.S. District Judge Brian A. Jackson and was sentenced to 90 months imprisonment.
LEWIS had previously pled guilty to conspiring to distribute 500 grams or more of cocaine, in violation of Title 21, United States Code, Section 846. Previously, KAREEM McKINNON, age 25, of Crystal River, Florida, was convicted of the same offense, in August of 2016, after a multi-day jury trial, and ARTHUR WILLIAM ARMSTRONG, age 34, of Crystal River, Florida, pled guilty to the same offense. McKINNON was previously sentenced to serve 96 months in federal prison, and ARMSTRONG was sentenced to serve 84 months in federal prison.
The evidence at McKINNON’s trial established that ARMSTRONG, LEWIS and MCKINNON made multiple trips to the Houston, Texas area in early 2015, during which they would obtain distribution-level quantities of cocaine. The three co-conspirators used female co-consprators to drive the cocaine back to Florida, while ARMSTRONG, LEWIS and MCKINNON followed the car containing the cocaine back to Florida. The cocaine would then be distributed for profit in Florida. On February 9, 2015, after one such trip to Houston, the co-conspirators were arrested while driving through Baton Rouge, Louisiana, and found to be transporting more than 4 kilograms of cocaine back to Florida.
This matter was investigated by the United States Drug Enforcement Agency, with valuable assistance from the Baton Rouge Police Department and the Louisiana State Police. It is being prosecuted by Assistant United States Attorneys Adam Ptashkin and Robert Piedrahita.
Patient Marketer for All-Star Medical Supply Sentenced to Prison for Health Care FraudRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced that U.S. District Judge Shelly D. Dick sentenced DEMETRIAS TEMPLE, age 56, of New Orleans, Louisiana, to serve ten (10) months in federal prison following her conviction for health care fraud. TEMPLE was ordered to make restitution to the Medicare program totaling $100,000 and pay a $100 special assessment. TEMPLE was ordered to forfeit an additional $100,000 as the proceeds of her criminal activity. Finally, following her release from prison, TEMPLE will be required to serve a two-year term of supervised release.
This criminal case began in October 2013, when a federal grand jury returned an indictment charging TEMPLE and her co-defendant, AHAOMA BONIFACE OHIA, with perpetrating a scheme to defraud Medicare through OHIA’s company, All-Star Medical Supplies, which operated in Baton Rouge, Louisiana, and Houston, Texas. On June 6, 2014, TEMPLE pled guilty to health care fraud, in violation of Title 18, United States Code, Section 1347. Specifically, TEMPLE admitted that she worked as a recruiter for OHIA and, throughout 2008 and 2009, that she assisted OHIA’s fraudulent scheme by recruiting Medicare beneficiaries in the New Orleans area and providing their names and personal information to OHIA, knowing that OHIA would use the information to submit false Medicare claims. TEMPLE also admitted that OHIA paid her via illegal kickbacks; she and OHIA would meet in New Orleans, and OHIA would pay her in cash based on the number of beneficiaries whose personal information she provided to OHIA.
TEMPLE’s co-defendant, OHIA, proceeded to trial in June 2014. The evidence at trial established that OHIA had caused All-Star to submit hundreds of false and fraudulent claims to Medicare from January 2007 through February 2009. For instance, OHIA submitted hundreds of fraudulent claims for a highly-specialized, custom-fabricated device intended to be used by amputees. OHIA never actually provided the device to his clients, however, none of whom needed the device anyway. After a four-day jury trial, OHIA was convicted of all seven charged counts. In December 2014, this Court sentenced OHIA to serve one hundred fifty six (156) months in federal prison and pay restitution of more than $1.2 million. In October 2015, the United States Court of Appeals for the Fifth Circuit affirmed OHIA’s conviction and sentence.
Meanwhile, in September 2014, several months after TEMPLE was convicted in Baton Rouge for her role in All-Star Medical, TEMPLE was also convicted in the United States District Court for the Eastern District of Louisiana for her role in a separate health care fraud scheme in New Orleans. In that case, TEMPLE admitted that she conspired with certain individuals in the New Orleans area, from 2009 through March 2013, to submit false Medicare claims for home health services. TEMPLE was recently sentenced to serve 46 months in prison as a result of her role in that scheme.
Acting U.S. Attorney Amundson stated, “Today’s sentence is a clear reminder that we continue to work aggressively to fight health care fraud in this district. Since Baton Rouge was first selected as one of the host cities for a Medicare Fraud Strike Force in 2009, this office has placed a special emphasis on this type of crime. By working closely with our colleagues at the Department of Justice’s Criminal Fraud Section and our law enforcement partners at HHS-OIG, the FBI, and the Louisiana Medicaid Fraud Control Unit, and by surging resources to this area, the Strike Force has achieved tremendous success in Baton Rouge. The results in the All-Star Medical case—including OHIA’s thirteen-year federal prison sentence and TEMPLE’s conviction and sentence today—are just the latest example in a long line of successful prosecutions. From day one of the Strike Force, the consistent message to those who would commit health care fraud in this district is that we are working hard to bring to justice and convict those who would steal from the Medicare program.”
“Any time false claims are submitted for payment, the nation's health insurance programs suffer,” said Special Agent-in-Charge CJ Porter of the HHS Office of the Inspector General's (OIG) Dallas Regional Office. “The sentence imposed today affirms our commitment that HHS-OIG Special Agents will continue to work closely with our law enforcement partners to identify and bring to justice providers who deliberately manipulate the system to fraudulently obtain crucial Medicare and Medicaid dollars.”
FBI New Orleans Special Agent-in-Charge (SAC) Jeffrey Sallet stated, “The FBI will continue to investigate health care fraud in cooperation with our federal and state partners to safeguard the Medicare Trust Fund against theft by those who seek to undermine the availability of heath care to our vulnerable or elderly citizens.”
The case was investigated by the Office of Inspector General for the U.S. Department of Health and Human Services (DHH-OIG), the Federal Bureau of Investigation (FBI), and the Medicaid Fraud Control Unit of the Louisiana State Attorney General’s Office (MFCU), and was brought as part of the Medicare Fraud Strike Force, under the supervision of the United States Attorney’s Office and the Fraud Section of the Criminal Division of the U.S. Department of Justice. This case was prosecuted by Assistant U.S. Attorney Alan A. Stevens, who serves as Acting Criminal Chief of the Criminal Division, and Assistant U.S. Attorney Cam Le.
Press Conference Regarding Federal Criminal Investigation into Death of Alton SterlingRead the Press Release
***** MEDIA ADVISORY *****
PRESS CONFERENCE REGARDING FEDERAL CRIMINAL INVESTIGATION PINTO DEATH OF ALTON STERLING
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced today that his office, together with the United States Department of Justice-Civil Rights Division and the Federal Bureau of Investigation-New Orleans Field Office, will hold a press conference in the Jury Assembly Room in the United States Federal Courthouse located at 777 Florida Street, Baton Rouge, Louisiana at 1:00 p.m. CST.
Press should plan to arrive at the Courthouse and be in place by 12:30 p.m. Broadcast Media: Pool only. WAFB will be the pool. Any questions on pool should be directed to WAFB @ (225) 215-4801 or [email protected].
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Prepared Remarks of Acting U.S. Attorney Corey AmundsonRead the Press Release
Good morning. My name is Corey Amundson. I serve as the Acting United States Attorney for the Middle District of Louisiana where I have been a career federal prosecutor for over 15 years.
I am here today with Robert Moossy, a 22-year career federal prosecutor who serves as the senior career official with the Civil Rights Division of the U.S. Department; Tamera Kessler, a 28-year career federal prosecutor who serves as Chief of the Criminal Section of the Civil Rights Division; Jeff Sallet, Special Agent-in-Charge of the FBI’s New Orleans Field Office and previously Chief of the FBI’s National Civil Rights Section; and Ron Reed, the supervisor of the FBI’s Civil Rights Squad in the New Orleans Field Office.
We are career public servants who have served over 70 years under multiple administrations.
Following the fatal shooting of Alton Sterling last July, and in response to requests by the community and state and local leaders, our offices commenced an extensive and thorough federal criminal investigation into the circumstances surrounding the shooting.
This morning I want to discuss our investigation, the approach we took to our review of this tragic incident, as well as the decision and the reasons for it.
After an exhaustive almost year-long investigation, all of the prosecutors and agents involved in this matter have come to the unanimous conclusion that insufficient evidence exists to charge a federal crime.
A short while ago, we met with Mr. Sterling’s family. We expressed our condolences for the loss of their nephew, their father, and their children’s father. We also shared our findings and decision with them. We also informed Officers Salamoni and Lake, through their attorneys, of the decision.
We do not normally publicly discuss the declination of charges in a matter, particularly in a situation, like this, where a state investigation is anticipated following our decision. simply felt that making a public appearance was the right thing to do in a case that means so much, to so many. However, we must still be careful not to impede or jeopardize the integrity of the state investigation and decision process. To do that, this briefing will be limited to this statement. hope that the information provided in my statement, along with the detailed press release, will answer any questions you may have.
Our investigation focused on one question: Did either Officer Salamoni or Officer Lake violate federal criminal civil rights laws or any other federal criminal law in connection with their encounter with Mr. Sterling.
As explained in more detail in our press release, federal law makes it a crime for a law enforcement officer, acting willfully, to deprive an individual of their constitutional rights. To prove that a shooting, such as occurred here, violated Mr. Sterling’s rights under federal law, the government must establish, beyond a reasonable doubt, that the officers’ use of force was objectively unreasonable based on the circumstances at the time.
The government would also have to prove, beyond a reasonable doubt, that the officers acted willfully, that is, that they acted with the specific intent to do something the law forbids. This is one of the highest legal standards in criminal law.
Under this standard, it is not enough to show that an officer acted recklessly or with negligence or by mistake, exercised bad judgment, used poor tactics, or even that he escalated the situation where he could have de-escalated it.
Federal prosecutors are only allowed to bring federal criminal charges if we believe we could establish the defendant’s guilt beyond a reasonable doubt at trial. These rules apply to every federal criminal case and federal prosecutor in the country.
With this rule and the law in mind, we began our investigation the day following the shootings. My office, the Civil Rights Division, and the FBI assigned very experienced senior career prosecutors and agents who worked on this matter nearly full-time, through many nights, weekends, and holidays. We also enlisted support from literally dozens of additional team members, including personnel from the FBI lab in Quantico.
Our aim was to determine the facts as best we could through an exceedingly thorough and comprehensive investigation. We promised that when the investigation began and owed it to Mr. Sterling’s family, the officers involved in the shooting, the police department, and everyone else who has been touched by this tragedy.
One agent remarked that we would not only leave no stone unturned, but each time we turned over a stone, we would turn over whatever was underneath and keep digging. We did just that.
The team probed and questioned dozens of witnesses, from government employees to civilians. We obtained, reviewed, and enhanced numerous videos that captured all or part of the incident and the periods before and after, including cell-phone videos, store surveillance video, police vehicle video, and videos from body cameras. We examined how evidence was collected and analyzed, hired national use-of-force experts, and obtained and reviewed voluminous documents and records, including BRPD records, policies, training manual, personnel records and other documents.
We took nothing for granted. We followed any trail of available evidence that we thought had any possibility of shedding some light on the officers’ state of mind and intent at the time of the shooting. In addition to the shooting itself, we gathered evidence concerning the officers’ activity before and after the shooting to determine whether any of that activity violated any federal criminal laws, including criminal civil rights laws, as well as laws against making false statements and obstructing justice. Again, we assumed nothing.
Some of the additional investigative steps that we took added to the length of the investigation. But we believed it was most important to ensure that the investigation was complete and correct. Also, while understanding of the interest in the investigation, we firmly believed that premature public disclosures about the investigation would risk its accuracy and reliability. This was an unacceptable risk given our goal of ensuring the most accurate and complete results.
Let us now turn to the facts. It is important to note that the entire exchange between Mr. Sterling and the officers happened very quickly, with events happening in rapid succession. The entire encounter—from the moment the officers first approached Mr. Sterling, through the firing of the sixth and final shot—lasted less than 90 seconds.
Based on dispatch recordings, we know that, at approximately 12:30 a.m. on July 5, 2016, Officers Salamoni and Lake were told to respond to a report that an African American man wearing a red shirt and selling CDs had “pulled a pistol” on someone outside the Triple S Food Mart and had the gun in his pocket. It is reasonable to expect officers with this information to focus on eliminating any threat from a gun immediately upon their arrival.
The videos, which are disturbing, show that the officers arrived on the scene with an immediate goal of ensuring that Mr. Sterling’s hands were in control and not able to access a weapon. At first, they directed Mr. Sterling to put his hands on the hood of a car. When he did not comply, the officers placed their hands on Mr. Sterling, who struggled with and resisted the officers. Officer Salamoni then pulled his gun and pointed it at Mr. Sterling’s head, prompting Mr. Sterling, who appears confused, to put his hands on the hood. Mr. Sterling’s size – 6 feet 3 inches tall and over 300 pounds – made it difficult for officers to control, much less handcuff, Mr. Sterling. After Mr. Sterling, still struggling, briefly attempted to move his hands from the hood, Officer Lake deployed his Taser on Mr. Sterling, who fell to his knees but then began to get back up. officers ordered Mr. Sterling to get down, but Mr. Sterling did not comply, and Officer Lake attempted unsuccessfully to use his Taser on Mr. Sterling again.
At this point, as Mr. Sterling stood to face the officers with his hands free, Officer Salamoni holstered his weapon, and then tackled Mr. Sterling; they both went to the ground, with Officer Salamoni on top of Mr. Sterling, who was on his back with his right hand partially under the hood of a car. Officer Lake joined them on the ground, kneeling on Mr. Sterling’s left arm while Officer Salamoni attempted to gain control over Mr. Sterling’s right arm.
Within a few seconds, we know from the audio and video that Officer Salamoni yelled, “Going for his pocket. He’s got a gun! Gun!”, or words to that effect. Officer Salamoni did not shoot at this point. Instead, he attempted to gain control of Mr. Sterling’s right hand, but we know from the video that he was unsuccessful. Officer Lake drew his weapon and yelled at Mr. Sterling, again directing him not to move. Less than one second later, during a point at which the location of Mr. Sterling’s right hand is not visible to the cameras, Officer Salamoni again yelled that Mr. Sterling was “going for the gun!” Officer Salamoni then fired three shots into Mr. Sterling’s chest.
In order to convict Officer Salamoni of a federal criminal civil rights violation for this shooting, we would have to prove, beyond a reasonable doubt, that Officer Salamoni did not believe Mr. Sterling was going for a gun when he made that statement and simply wanted to shot him.
Within a few seconds of the first three shots, as Officer Salamoni and Mr. Sterling were both laying on the ground, Mr. Sterling began to sit up and roll to his left, with his back to the officers. At that point the officers could not see what Mr. Sterling was doing with his hands and whether he was going for his gun. Officer Lake yelled at Mr. Sterling to get on the ground, and when Mr. Sterling continued to move, Officer Salamoni fired three more shots into Mr. Sterling’s back.
Immediately after the shooting, video shows Officer Lake go directly to Mr. Sterling’s right pocket and retrieve a .38-caliber revolver. It was loaded. In statements made immediately following the incident, both officers stated they saw Mr. Sterling reaching for the gun, and saw the gun itself coming out of his pocket.
The struggle on the ground lasted a total of about 27 seconds. As a result, life and death decisions were being made in split seconds. This is an unfortunate reality of police work at a time when encounters between police and the community have become increasingly violent and, too often, deadly.
In this case, we consulted with two independent use-of-force experts whom the Civil Rights Division has previously engaged as government witnesses in other federal civil rights cases. Both experts are nationally-recognized authorities in this field, and they are truly independent; neither is from the Baton Rouge area or has any ties to the Baton Rouge Police Department or the officers involved. Now, I want to be clear: both experts criticized certain aspects of the officers’ techniques in this case. Having said that, the experts’ unanimous conclusion was that the officers’ actions were not unreasonable under the quickly unfolding and dangerous circumstances and therefore met constitutional standards. In the experts’ opinion, the officers cycled up and down a use-of-force continuum in a manner reasonable when confronting an armed suspect, before ultimately using lethal force, which they did not use until Officer Salamoni shouted that Mr. Sterling was reaching for his gun.
In light of all of the above, it was the unanimous decision of all the prosecutors and agents who handled the investigation that we must decline prosecution in this case.
As I said before, to prove a federal criminal civil rights violation, we would have to prove, beyond a reasonable doubt, that the officers acted unreasonably and willfully, that is, that they acted with specific intent to do something the law forbids. This is the highest standard in federal criminal law. Being reckless, or escalating a situation that could have been de-escalated is not enough.
First, we are unable to establish, beyond a reasonable doubt, the precise location of Mr. Sterling’s right hand at the moment at which the officer states, on the recording, that Mr. Sterling was “going for his gun.” In other words, we cannot establish that Mr. Sterling was not reaching for his gun -- or, more accurately, that the officers didn’t believe that he was reaching for his gun -- and therefore we cannot establish that the use of lethal force was unreasonable. Second, as I mentioned earlier, there is a distinct statutory requirement of willfulness. In our view, the evidence is insufficient to meet this element, because we cannot prove beyond a reasonable doubt that the officers knew that what they were doing was unreasonable or prohibited and that they chose to do it anyway.
Conclusion
There are no winners here and no victory for anyone. A man has died. A father, a nephew has died. My heart goes out to his family. For the family, for the community, for the police department, and for the cause of justice, please know that experienced, highly trained federal agents and prosecutors worked hard to investigate and examine the facts to determine if a federal criminal case could be brought here. We have all concluded that no such case can be made.
Going forward, we will continue to support and work with the Department of Justice’s Community Relations Service, which has been on the ground since last summer working to increase dialogue and engagement among civic and community leaders. And my office—which has long been involved in numerous community outreach projects and initiatives across Baton Rouge—will continue to look for opportunities to engage with students, lawyers, and others interested in federal civil rights law through healthy, productive dialogue.
The U.S. Department of Justice (of which we are all a part) remains committed to investigating allegations of excessive force by law enforcement officers, and will continue to devote the resources required to ensure that all serious allegations of civil rights violations are thoroughly examined. The Department aggressively prosecutes civil rights violations whenever there is sufficient evidence to do so, and in fact there are other investigations and criminal prosecutions underway in this district. Having said that, based on the evidence in this particular case, all of the prosecutors and agents involved in this matter have come to the unanimous conclusion that insufficient evidence exists to charge a federal crime in connection with the July 5, 2016 fatal shooting of Alton Sterling.
The Louisiana Attorney General’s Office, with the assistance of the Louisiana State Police, now intends to conduct its own inquiry into whether the conduct at issue violated any provision of Louisiana state law, and it will have at its disposal every piece of evidence that the federal investigation has been able to obtain.
Finally, I would like to discuss how we came to the decision to provide limited advance notice of today’s announcement. Given the events following Mr. Sterling’s death, we worked with the Governor, the Mayor, and our state, parish, and local law enforcement heads to establish an agreed-upon notice procedure that would minimize public safety concerns. That is the procedure implemented today.
I pray that God gives our community the strength to rise above this tragedy and all the events that followed, and that He enables us to listen to those different from ourselves so that we may become better because of it. God bless all those touched by this tragic incident and our great and resilient City of Baton Rouge.
Federal Officials Close Investigation into Death of Alton SterlingRead the Press Release
WASHINGTON – The Justice Department announced today that the independent federal investigation into the fatal shooting of Alton Sterling on July 5, 2016, in Baton Rouge, Louisiana, found insufficient evidence to support federal criminal charges against Baton Rouge Police Department (BRPD) Officers Blane Salamoni and Howie Lake, II. Career prosecutors from the U.S. Attorney’s Office (USAO) for the Middle District of Louisiana and the Justice Department’s Civil Rights Division, along with officials from the FBI and the Justice Department’s Community Relations Service, met today with Sterling’s family and their representatives to inform them of the findings of the investigation and the decision.
Overview
The Department conducted a ten-month, comprehensive, and independent investigation of the events surrounding Sterling’s death. Federal agents and career prosecutors examined evidence from multiple independent sources, including all available footage from police vehicles that responded to the scene and the body-worn cameras from responding officers; cell-phone videos of the incident; interior and exterior surveillance video footage from the store where the shooting occurred; evidence gathered by the BRPD’s crime lab; BRPD documents related to the shooting; personnel files and background material for both involved officers, including prior use-of-force incidents; BRPD policies and training materials; all relevant dispatch recordings between and among local law enforcement, including the originating 911 calls; forensic evidence reports; the autopsy report; photographs of the crime scene; toxicology reports; EMS reports; and extensive additional electronically-stored evidence. As part of the investigation, the FBI laboratory conducted an expert forensic analysis of the video footage capturing the incident between Sterling and the officers. The FBI also interviewed dozens of witnesses, including civilian witnesses who were present at the scene and officers who responded to the scene after the shooting. The Department also consulted with two independent use-of-force experts whom the Civil Rights Division has previously used as government witnesses in criminal prosecutions of civil rights violations.
Applicable Law
The Department examined the facts in this case under all relevant federal criminal statutes. The federal criminal statute applicable to these facts is Title 18, United States Code, Section 242, Deprivation of Rights Under Color of Law. In order to proceed with a prosecution under Section 242, prosecutors must establish beyond a reasonable doubt that a law enforcement officer acted willfully to deprive an individual of a federally protected right. The right implicated in this matter is the Fourth Amendment right to be free from an unreasonable seizure. This right includes the right to be free from unreasonable physical force by police. To prove that a police shooting violated the Fourth Amendment, the government must prove beyond a reasonable doubt that the use of force was objectively unreasonable based on all of the surrounding circumstances. The law requires that the reasonableness of an officer’s use of force on an arrestee be judged from the perspective of a reasonable officer on the scene, rather than with added perspective of hindsight. The law set forth by the Supreme Court requires that allowances must be made for the fact that law enforcement officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving.
Additionally, to prove that a shooting violated section 242, the government must prove beyond a reasonable doubt that the officers acted willfully. This high legal standard – one of the highest standards of intent imposed by law – requires proof that the officer acted with the specific intent to do something the law forbids. It is not enough to show that the officer made a mistake, acted negligently, acted by accident or mistake, or even exercised bad judgment.
Although Sterling’s death is tragic, the evidence does not meet these substantial evidentiary requirements. In light of this, and for the reasons explained below, the federal investigation concluded that this matter is not a prosecutable violation of the federal statutes.
Factual Summary
While this summary is based on, and consistent with, all facts known to the government after a thorough investigation, it does not include or discuss all facts known to federal law enforcement officials or gathered through this investigation. Many of the facts gathered through the federal investigation are not permitted to be disclosed, and other particularly sensitive facts and evidence are not being disclosed in order to protect the integrity of the State Attorney General’s inquiry into whether any state statutes were violated.
The investigation revealed that at approximately 12:30 a.m. on July 5, 2016, an individual called 911 from a location near the Triple S Food Mart ("Triple S") and reported that he had been threatened outside of a store by a black man wearing a red shirt and selling CDs. The caller reported that the man had pulled out a gun and had the gun in his pocket. The caller’s first call disconnected, but he called back a few moments later and reiterated his report. Dispatch relayed that information to Officers Lake and Salamoni, who responded to the Triple S, where they saw Sterling, wearing a red shirt and standing by a table with a stack of CDs.
The subsequent exchange between Sterling and the officers happened very quickly, with the events – from the officers’ initial approach to a struggle on the ground to the shooting – happening in rapid succession. From the moment when Officer Lake gave his first order to Sterling, through the firing of the final shot, the entire encounter lasted less than 90 seconds. More specifically, from the start of the officers’ physical struggle with Sterling on the ground, through the firing of the final shot, the encounter lasted less than 30 seconds.
Multiple videos captured portions or the entirety of the officers’ interaction with Sterling. These include cell-phone videos, surveillance video from the store, and video from the officers’ body cameras and a police vehicle. FBI video forensic experts also provided enhancements of relevant videos for the portion of the struggle that immediately preceded the shooting.
The videos show the officers as they arrived on scene and engaged with Sterling. The videos show that the officers directed Sterling to put his hands on the hood of a car. When Sterling did not comply, the officers placed their hands on Sterling, and he struggled with the officers. Officer Salamoni then pulled out his gun and pointed it at Sterling’s head, at which point Sterling placed his hands on the hood. After Sterling briefly attempted to move his hands from the hood, Officer Lake then used a Taser on Sterling, who fell to his knees, but then began to get back up. The officers ordered him to get down, and Officer Lake attempted unsuccessfully to use his Taser on Sterling again. Officer Salamoni holstered his weapon, and then tackled Sterling; both went to the ground, with Officer Salamoni on top of Sterling, who was on his back with his right hand and shoulder partially under the hood of a car. Officer Lake joined them on the ground, kneeling on Sterling’s left arm while Officer Salamoni attempted to gain control over Sterling’s right arm. Officer Salamoni then yelled, "Going for his pocket. He’s got a gun! Gun!" Officer Salamoni then unsuccessfully attempted to gain control of Sterling’s right hand, while Officer Lake drew his weapon and yelled at Sterling, again directing him not to move. Less than one second later, during a point at which the location of Sterling’s right hand was not visible to the cameras, Officer Salamoni again yelled that Sterling was "going for the gun!" Officer Salamoni then fired three shots into Sterling’s chest.
After the first three shots were fired, Officer Salamoni rolled onto on his back, facing Sterling’s back, with his weapon still drawn. Officer Lake stood behind both of them with his weapon drawn and pointed at Sterling. Sterling began to sit up and roll to his left, with his back to the officers. Sterling brought his right arm across his body toward the ground, and Officer Lake yelled at Sterling to "get on the ground." As Sterling continued to move, Officer Salamoni fired three more rounds into Sterling’s back. Within a few seconds, Officer Lake reached into Sterling’s right pocket and pulled out a .38 caliber revolver. Investigators later confirmed that Sterling’s gun was loaded with six bullets at the time of this exchange.
Following the shooting, Officers Salamoni and Lake each provided a detailed statement offering his version of how and why this shooting happened. According to the officers, Sterling was large and very strong, and from the very beginning resisted their commands. The officers reported that they responded with multiple different compliance techniques and that Sterling resisted the entire time. Both officers reported that when they were on the ground, they saw Sterling’s right hand in his pocket, with his hand on a gun. Officer Salamoni reported that he saw the gun coming out and attempted to grab it, but Sterling jerked away and attempted to grab the gun again. Officer Salamoni then saw "silver" and knew that he had seen a gun, so he began firing. Both officers reported that after the first three shots, they believed that Sterling was attempting to reach into his right pocket again, so Officer Salamoni fired three more times into Sterling’s back.
Discussion
In light of the officers’ explanations of the shooting, the government, in order to prove a Fourth Amendment violation, would be required to (1) disprove the officers’ accounts, (2) prove an alternative account that demonstrates that the officers’ actions were objectively unreasonable; and (3) prove that the officers knew that their actions were unreasonable and took them anyway. The evidence in this case is insufficient to bear the heavy burden of proof under federal criminal civil rights law.
To fully assess whether this shooting constituted an unreasonable use of force, federal investigators closely examined, among other things, all of the evidence concerning the location of Sterling’s right hand prior to the first set of shots. As mentioned, although the videos do not show Sterling’s right hand at the time those shots were fired, they show that Sterling’s right hand was not under Officer Salamoni’s control. The evidence also cannot establish that Sterling was not reaching for a gun when Officer Salamoni yelled that Sterling was doing so.
Federal investigators interviewed numerous civilian witnesses to determine whether they could provide additional relevant information on the question of whether Sterling reached for a gun.
Only two witnesses reported to the FBI that they could see Sterling’s right hand, and they indicated that his hand was not in his pocket. However, because of other inconsistencies in their statements, and because of the fact that parts of their accounts are materially contradicted by the videos, their accounts are insufficient to prove the position of Sterling’s right hand/arm beyond a reasonable doubt at the time the shots were fired. Although the Department found no reason to doubt the sincerity of the witnesses’ accounts, this incident happened in an instant, and the witnesses may have had no reason to be specifically watching for the precise location of Sterling’s right hand at the time of the shooting. Given the inconsistencies in the civilian witnesses’ perspectives and recollections and the fact that the video establishes that Officer Salamoni did not have control over Sterling’s right hand just before the shots were fired, the evidence simply cannot establish beyond a reasonable doubt the position of Sterling’s right hand at the exact time of the shooting, a split-second later. The Department therefore cannot disprove the officers’ claim beyond a reasonable doubt.
The investigators also consulted with two independent, nationally recognized use-of-force experts with whom the Civil Rights Division has previously consulted in civil rights cases. While both experts criticized aspects of the officers’ techniques, they also concluded that the officers’ actions were reasonable under the circumstances and thus met constitutional standards. The experts emphasized that the officers were responding to a call that someone matching Sterling’s description had brandished a weapon and threatened another person; that Sterling was large and strong; and that Sterling was failing to follow orders and was struggling with the officers. The experts noted that the officers also attempted to control Sterling through multiple less-than-lethal techniques before ultimately using lethal force in response to Officer Salamoni’s perception that Sterling was attempting to use a gun.
The investigators’ review of BRPD files revealed no prior incidents involving substantiated allegations of misconduct by Officers Salamoni or Lake.
In light of these facts, the evidence gathered during this investigation is insufficient to prove, beyond a reasonable doubt, that the use of force leading up to and including the shooting violated the Fourth Amendment.
The federal investigators also considered whether the evidence proved the distinct statutory element of willfulness. To establish that the officers acted willfully, the government would be required both to disprove the reason the officers gave for the shooting and to affirmatively establish that the officers instead acted with the specific intent to violate Sterling’s rights—meaning that, in shooting Sterling, the officers knew that what they were doing was unreasonable or prohibited, and chose to do it anyway.
For many of the same reasons described above, the evidence is insufficient to prove beyond a reasonable doubt that the officers’ actions were a willful violation of the Fourth Amendment. When Officer Salamoni first reported that Sterling was going for the gun, he said, "Going for his pocket, he’s got a gun! Gun!" Significantly, Officer Salamoni did not shoot Sterling at this point, and, instead, attempted to gain control of Sterling’s right hand. Officer Lake also warned Sterling not to move. Seconds later, Officer Salamoni yelled again that Sterling was "going for the gun!" and only then did he fire his own weapon. This evidence suggests that Officer Salamoni fired his weapon when he believed that Sterling was going for his gun a second time, after Officer Lake had warned Sterling not to move. In order to prosecute this matter, the government would have to prove beyond a reasonable doubt not only that Sterling was not reaching for his gun, but also that, despite Officer Salamoni’s contemporaneous statements to the contrary, he did not believe that Sterling was reaching for his gun after being warned not to move. The Department lacks the evidence to prove either of those propositions beyond a reasonable doubt.
The investigators also considered whether Officer Salamoni’s second series of shots was a prosecutable Fourth Amendment violation. Although the videos show that Sterling’s right hand was not in or near his right pocket, Sterling was continuing to move, even after being shot three times and being told again not to move by Officer Lake. Meanwhile, the officers were behind Sterling, and Officer Salamoni was lying on the ground, facing Sterling’s back. Given these circumstances, the evidence cannot establish beyond a reasonable doubt that it did not appear to Officer Salamoni that Sterling was reaching for his pocket. Nor could the Department prove that the officer’s conduct was willful.
Conclusion
In sum, after extensive investigation into this tragic event, career Justice Department prosecutors have concluded that the evidence is insufficient to prove beyond a reasonable doubt that Officers Salamoni and Lake willfully violated Sterling’s civil rights. Given the totality of the circumstances – that the officers had been fighting with Sterling and had attempted less-than-lethal methods of control; that they knew Sterling had a weapon; that Sterling had reportedly brandished a gun at another person; and that Sterling was much larger and stronger than either officer – the Department cannot prove either that the shots were unconstitutional or that they were willful. Moreover, two different, independent experts opined that this shooting was not unreasonable given the circumstances. With respect to the first series of shots, the experts assessed that it was not unreasonable for Officer Salamoni to use lethal force, in light of all of the circumstances referenced above. With respect to the second series of shots, both experts emphasized that officers are trained to eliminate a threat, and that Sterling appeared to pose a threat because he was still moving and his right hand was not visible to Officer Salamoni. Accordingly, the federal investigation into this incident has been closed without prosecution. Federal officials intend to provide the investigative file to the Louisiana Attorney General’s Office, which intends to conduct its own investigation into whether the conduct at issue in this investigation violated state law.
In this case, the U.S. Attorney’s Office for the Middle District of Louisiana, the Justice Department’s Civil Rights Division, and the FBI each devoted significant time and resources to investigating the circumstances surrounding Sterling’s death and to completing a thorough analysis of the evidence gathered. The Justice Department remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources required to ensure that all serious allegations of civil rights violations are thoroughly examined. The Department aggressively prosecutes criminal civil rights violations whenever there is sufficient evidence to do so.
Federal Officials Close Investigation into Death of Alton SterlingRead the Press Release
The Justice Department announced today that the independent federal investigation into the fatal shooting of Alton Sterling on July 5, 2016, in Baton Rouge, Louisiana, found insufficient evidence to support federal criminal charges against Baton Rouge Police Department (BRPD) Officers Blane Salamoni and Howie Lake, II. Career prosecutors from the U.S. Attorney’s Office (USAO) for the Middle District of Louisiana and the Justice Department’s Civil Rights Division, along with officials from the FBI and the Justice Department’s Community Relations Service, met today with Sterling’s family and their representatives to inform them of the findings of the investigation and the decision.
Overview
The Department conducted a ten-month, comprehensive, and independent investigation of the events surrounding Sterling’s death. Federal agents and career prosecutors examined evidence from multiple independent sources, including all available footage from police vehicles that responded to the scene and the body-worn cameras from responding officers; cell-phone videos of the incident; interior and exterior surveillance video footage from the store where the shooting occurred; evidence gathered by the BRPD’s crime lab; BRPD documents related to the shooting; personnel files and background material for both involved officers, including prior use-of-force incidents; BRPD policies and training materials; all relevant dispatch recordings between and among local law enforcement, including the originating 911 calls; forensic evidence reports; the autopsy report; photographs of the crime scene; toxicology reports; EMS reports; and extensive additional electronically-stored evidence. As part of the investigation, the FBI laboratory conducted an expert forensic analysis of the video footage capturing the incident between Sterling and the officers. The FBI also interviewed dozens of witnesses, including civilian witnesses who were present at the scene and officers who responded to the scene after the shooting. The Department also consulted with two independent use-of-force experts whom the Civil Rights Division has previously used as government witnesses in criminal prosecutions of civil rights violations.
Applicable Law
The Department examined the facts in this case under all relevant federal criminal statutes. The federal criminal statute applicable to these facts is Title 18, United States Code, Section 242, Deprivation of Rights Under Color of Law. In order to proceed with a prosecution under Section 242, prosecutors must establish beyond a reasonable doubt that a law enforcement officer acted willfully to deprive an individual of a federally protected right. The right implicated in this matter is the Fourth Amendment right to be free from an unreasonable seizure. This right includes the right to be free from unreasonable physical force by police. To prove that a police shooting violated the Fourth Amendment, the government must prove beyond a reasonable doubt that the use of force was objectively unreasonable based on all of the surrounding circumstances. The law requires that the reasonableness of an officer’s use of force on an arrestee be judged from the perspective of a reasonable officer on the scene, rather than with added perspective of hindsight. The law set forth by the Supreme Court requires that allowances must be made for the fact that law enforcement officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving.
Additionally, to prove that a shooting violated section 242, the government must prove beyond a reasonable doubt that the officers acted willfully. This high legal standard – one of the highest standards of intent imposed by law – requires proof that the officer acted with the specific intent to do something the law forbids. It is not enough to show that the officer made a mistake, acted negligently, acted by accident or mistake, or even exercised bad judgment.
Although Sterling’s death is tragic, the evidence does not meet these substantial evidentiary requirements. In light of this, and for the reasons explained below, the federal investigation concluded that this matter is not a prosecutable violation of the federal statutes.
Factual Summary
While this summary is based on, and consistent with, all facts known to the government after a thorough investigation, it does not include or discuss all facts known to federal law enforcement officials or gathered through this investigation. Many of the facts gathered through the federal investigation are not permitted to be disclosed, and other particularly sensitive facts and evidence are not being disclosed in order to protect the integrity of the State Attorney General’s inquiry into whether any state statutes were violated.
The investigation revealed that at approximately 12:30 a.m. on July 5, 2016, an individual called 911 from a location near the Triple S Food Mart (“Triple S”) and reported that he had been threatened outside of a store by a black man wearing a red shirt and selling CDs. The caller reported that the man had pulled out a gun and had the gun in his pocket. The caller’s first call disconnected, but he called back a few moments later and reiterated his report. Dispatch relayed that information to Officers Lake and Salamoni, who responded to the Triple S, where they saw Sterling, wearing a red shirt and standing by a table with a stack of CDs.
The subsequent exchange between Sterling and the officers happened very quickly, with the events – from the officers’ initial approach to a struggle on the ground to the shooting – happening in rapid succession. From the moment when Officer Lake gave his first order to Sterling, through the firing of the final shot, the entire encounter lasted less than 90 seconds. More specifically, from the start of the officers’ physical struggle with Sterling on the ground, through the firing of the final shot, the encounter lasted less than 30 seconds.
Multiple videos captured portions or the entirety of the officers’ interaction with Sterling. These include cell-phone videos, surveillance video from the store, and video from the officers’ body cameras and a police vehicle. FBI video forensic experts also provided enhancements of relevant videos for the portion of the struggle that immediately preceded the shooting.
The videos show the officers as they arrived on scene and engaged with Sterling. The videos show that the officers directed Sterling to put his hands on the hood of a car. When Sterling did not comply, the officers placed their hands on Sterling, and he struggled with the officers. Officer Salamoni then pulled out his gun and pointed it at Sterling’s head, at which point Sterling placed his hands on the hood. After Sterling briefly attempted to move his hands from the hood, Officer Lake then used a Taser on Sterling, who fell to his knees, but then began to get back up. The officers ordered him to get down, and Officer Lake attempted unsuccessfully to use his Taser on Sterling again. Officer Salamoni holstered his weapon, and then tackled Sterling; both went to the ground, with Officer Salamoni on top of Sterling, who was on his back with his right hand and shoulder partially under the hood of a car. Officer Lake joined them on the ground, kneeling on Sterling’s left arm while Officer Salamoni attempted to gain control over Sterling’s right arm. Officer Salamoni then yelled, “Going for his pocket. He’s got a gun! Gun!” Officer Salamoni then unsuccessfully attempted to gain control of Sterling’s right hand, while Officer Lake drew his weapon and yelled at Sterling, again directing him not to move. Less than one second later, during a point at which the location of Sterling’s right hand was not visible to the cameras, Officer Salamoni again yelled that Sterling was “going for the gun!” Officer Salamoni then fired three shots into Sterling’s chest.
After the first three shots were fired, Officer Salamoni rolled onto on his back, facing Sterling’s back, with his weapon still drawn. Officer Lake stood behind both of them with his weapon drawn and pointed at Sterling. Sterling began to sit up and roll to his left, with his back to the officers. Sterling brought his right arm across his body toward the ground, and Officer Lake yelled at Sterling to “get on the ground.” As Sterling continued to move, Officer Salamoni fired three more rounds into Sterling’s back. Within a few seconds, Officer Lake reached into Sterling’s right pocket and pulled out a .38 caliber revolver. Investigators later confirmed that Sterling’s gun was loaded with six bullets at the time of this exchange.
Following the shooting, Officers Salamoni and Lake each provided a detailed statement offering his version of how and why this shooting happened. According to the officers, Sterling was large and very strong, and from the very beginning resisted their commands. The officers reported that they responded with multiple different compliance techniques and that Sterling resisted the entire time. Both officers reported that when they were on the ground, they saw Sterling’s right hand in his pocket, with his hand on a gun. Officer Salamoni reported that he saw the gun coming out and attempted to grab it, but Sterling jerked away and attempted to grab the gun again. Officer Salamoni then saw “silver” and knew that he had seen a gun, so he began firing. Both officers reported that after the first three shots, they believed that Sterling was attempting to reach into his right pocket again, so Officer Salamoni fired three more times into Sterling’s back.
Discussion
In light of the officers’ explanations of the shooting, the government, in order to prove a Fourth Amendment violation, would be required to (1) disprove the officers’ accounts, (2) prove an alternative account that demonstrates that the officers’ actions were objectively unreasonable; and (3) prove that the officers knew that their actions were unreasonable and took them anyway. The evidence in this case is insufficient to bear the heavy burden of proof under federal criminal civil rights law.
To fully assess whether this shooting constituted an unreasonable use of force, federal investigators closely examined, among other things, all of the evidence concerning the location of Sterling’s right hand prior to the first set of shots. As mentioned, although the videos do not show Sterling’s right hand at the time those shots were fired, they show that Sterling’s right hand was not under Officer Salamoni’s control. The evidence also cannot establish that Sterling was not reaching for a gun when Officer Salamoni yelled that Sterling was doing so.
Federal investigators interviewed numerous civilian witnesses to determine whether they could provide additional relevant information on the question of whether Sterling reached for a gun.
Only two witnesses reported to the FBI that they could see Sterling’s right hand, and they indicated that his hand was not in his pocket. However, because of other inconsistencies in their statements, and because of the fact that parts of their accounts are materially contradicted by the videos, their accounts are insufficient to prove the position of Sterling’s right hand/arm beyond a reasonable doubt at the time the shots were fired. Although the Department found no reason to doubt the sincerity of the witnesses’ accounts, this incident happened in an instant, and the witnesses may have had no reason to be specifically watching for the precise location of Sterling’s right hand at the time of the shooting. Given the inconsistencies in the civilian witnesses’ perspectives and recollections and the fact that the video establishes that Officer Salamoni did not have control over Sterling’s right hand just before the shots were fired, the evidence simply cannot establish beyond a reasonable doubt the position of Sterling’s right hand at the exact time of the shooting, a split-second later. The Department therefore cannot disprove the officers’ claim beyond a reasonable doubt.
The investigators also consulted with two independent, nationally recognized use-of-force experts with whom the Civil Rights Division has previously consulted in civil rights cases. While both experts criticized aspects of the officers’ techniques, they also concluded that the officers’ actions were reasonable under the circumstances and thus met constitutional standards. The experts emphasized that the officers were responding to a call that someone matching Sterling’s description had brandished a weapon and threatened another person; that Sterling was large and strong; and that Sterling was failing to follow orders and was struggling with the officers. The experts noted that the officers also attempted to control Sterling through multiple less-than-lethal techniques before ultimately using lethal force in response to Officer Salamoni’s perception that Sterling was attempting to use a gun.
The investigators’ review of BRPD files revealed no prior incidents involving substantiated allegations of misconduct by Officers Salamoni or Lake.
In light of these facts, the evidence gathered during this investigation is insufficient to prove, beyond a reasonable doubt, that the use of force leading up to and including the shooting violated the Fourth Amendment.
The federal investigators also considered whether the evidence proved the distinct statutory element of willfulness. To establish that the officers acted willfully, the government would be required both to disprove the reason the officers gave for the shooting and to affirmatively establish that the officers instead acted with the specific intent to violate Sterling’s rights—meaning that, in shooting Sterling, the officers knew that what they were doing was unreasonable or prohibited, and chose to do it anyway.
For many of the same reasons described above, the evidence is insufficient to prove beyond a reasonable doubt that the officers’ actions were a willful violation of the Fourth Amendment. When Officer Salamoni first reported that Sterling was going for the gun, he said, “Going for his pocket, he’s got a gun! Gun!” Significantly, Officer Salamoni did not shoot Sterling at this point, and, instead, attempted to gain control of Sterling’s right hand. Officer Lake also warned Sterling not to move. Seconds later, Officer Salamoni yelled again that Sterling was “going for the gun!” and only then did he fire his own weapon. This evidence suggests that Officer Salamoni fired his weapon when he believed that Sterling was going for his gun a second time, after Officer Lake had warned Sterling not to move. In order to prosecute this matter, the government would have to prove beyond a reasonable doubt not only that Sterling was not reaching for his gun, but also that, despite Officer Salamoni’s contemporaneous statements to the contrary, he did not believe that Sterling was reaching for his gun after being warned not to move. The Department lacks the evidence to prove either of those propositions beyond a reasonable doubt.
The investigators also considered whether Officer Salamoni’s second series of shots was a prosecutable Fourth Amendment violation. Although the videos show that Sterling’s right hand was not in or near his right pocket, Sterling was continuing to move, even after being shot three times and being told again not to move by Officer Lake. Meanwhile, the officers were behind Sterling, and Officer Salamoni was lying on the ground, facing Sterling’s back. Given these circumstances, the evidence cannot establish beyond a reasonable doubt that it did not appear to Officer Salamoni that Sterling was reaching for his pocket. Nor could the Department prove that the officer’s conduct was willful.
Conclusion
In sum, after extensive investigation into this tragic event, career Justice Department prosecutors have concluded that the evidence is insufficient to prove beyond a reasonable doubt that Officers Salamoni and Lake willfully violated Sterling’s civil rights. Given the totality of the circumstances – that the officers had been fighting with Sterling and had attempted less-than-lethal methods of control; that they knew Sterling had a weapon; that Sterling had reportedly brandished a gun at another person; and that Sterling was much larger and stronger than either officer – the Department cannot prove either that the shots were unconstitutional or that they were willful. Moreover, two different, independent experts opined that this shooting was not unreasonable given the circumstances. With respect to the first series of shots, the experts assessed that it was not unreasonable for Officer Salamoni to use lethal force, in light of all of the circumstances referenced above. With respect to the second series of shots, both experts emphasized that officers are trained to eliminate a threat, and that Sterling appeared to pose a threat because he was still moving and his right hand was not visible to Officer Salamoni. Accordingly, the federal investigation into this incident has been closed without prosecution. Federal officials intend to provide the investigative file to the Louisiana Attorney General’s Office, which intends to conduct its own investigation into whether the conduct at issue in this investigation violated state law.
In this case, the U.S. Attorney’s Office for the Middle District of Louisiana, the Justice Department’s Civil Rights Division, and the FBI each devoted significant time and resources to investigating the circumstances surrounding Sterling’s death and to completing a thorough analysis of the evidence gathered. The Justice Department remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources required to ensure that all serious allegations of civil rights violations are thoroughly examined. The Department aggressively prosecutes criminal civil rights violations whenever there is sufficient evidence to do so.
Livingston Man Sentenced to 25 Years Imprisonment for Distribution of Child PornographyRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced today that U.S. District Court Judge John W. DeGravelles sentenced ANTHONY T. KURTZ, age 42, of Livingston, Louisiana, to 300 months in federal prison as a result of his conviction for distribution of child pornography. The Court further sentenced KURTZ to ten years of supervised release following his term of imprisonment, and to pay restitution to his victims in the amount of $19,500.
On February 18, 2016, KURTZ pled guilty to one count of distribution of child pornography, in violation of Title 18, United States Code, Section 2252A(a)(2)(A). At yesterday’s sentencing, the Court noted that KURTZ had previously been convicted of sexual assault and indecent assault in another state and therefore determined that a statutory sentencing enhancement applied in this case. The Court also ordered the defendant to pay restitution to the victims identified as among the children portrayed in the child pornography in KURTZ’s possession.
Acting United States Attorney Corey Amundson stated, “Childhood is a period of dependence and vulnerability. Those who exploit the helplessness of young children by distributing images of them being sexually abused reveal the depths of human depravity. The defendant was already a convicted felon and child sex offender when he began distributing these images. He earned every bit of the severe sentence he received yesterday. Protecting children is among the most solemn of a society’s responsibilities, and it remains a top priority of this office.”
ICE-HSI Special Agent-in-Charge Raymond R. Parmer, Jr. stated, “Child pornography is one of the most heinous crimes HSI investigates due to the irrevocable harm it inflicts physically and emotionally upon innocent children. This crime is an outrage in all cases; however, in this instance especially, the depravity of these illegal images was so extreme that the public should breathe a sigh of relief that this subject is now safely behind bars due to the incredible partnership between HSI and our federal, state and local law enforcement partners across Louisiana.”
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the U.S. Department of Homeland Security, Homeland Security Investigations, the Louisiana Attorney General’s Office – Cyber Crime Unit, and the Livingston Parish Sheriff’s Office.
This matter is being prosecuted by Assistant U.S. Attorney Ryan R. Crosswell.
Baton Rouge Man Convicted in Connection with Spree of Armed Robberies at Local Convenience StoresRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced today that KEITH MIGUAL WILLIAMS, age 45, of Baton Rouge, has pled guilty before U.S. District Judge James J. Brady to five counts of interference with commerce by robbery, in violation of Title 18, United States Code, Section 1951(a), and one count of using, carrying, and brandishing a firearm during a crime of violence, in violation of Title 18, United States Code, Section 924(c)(1)(A)(ii). WILLIAMS faces a significant federal prison term, in addition to fines, restitution, and forfeiture, and his sentencing date has not been set by the court.
During yesterday’s hearing, WILLIAMS admitted to robbing numerous Baton Rouge convenience stores, including Circle Ks, a Walgreens, and a Cracker Barrel, during a period of less than two weeks last summer. WILLIAMS admitted to using multiple weapons to commit these robberies, including firearms, a hammer, and pepper spray, and admitted that he had forced victim cashiers to fill duffle bags with dozens of cartons of cigarettes, worth thousands of dollars, from the stores’ inventories. The defendant’s spree ultimately ended after a car chase with local law enforcement officers.
Acting U.S. Attorney Corey Amundson stated, “For a period of two weeks in the summer of 2016, this defendant’s dangerous spree of armed robberies put our community and its citizens in fear. We commend the law enforcement officers who investigated this case, brought these armed robberies to a stop, and worked with us to bring Mr. Williams to justice.”
This matter is being handled by the United States Attorney’s Office for the Middle District of Louisiana, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Baton Rouge Police Department, and the East Baton Rouge Parish Sheriff’s Department. It is being prosecuted by Assistant United States Attorneys Ryan Crosswell and Cal Leipold.
Third Defendant Convicted in Connection with Gun Store BurglariesRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced today that the third charged defendant has been convicted of engaging in a scheme to burglarize gun stores. O’NEAL THOMPSON, age 21, of Baton Rouge, Louisiana, pled guilty yesterday before U.S. District Judge Shelly D. Dick to conspiring to steal firearms, possess and sell stolen firearms, and receive and possess unregistered machine guns and silencers. He also pled guilty to stealing firearms from federally licensed firearms dealers. He will be sentenced at a later date.
During his guilty plea hearing, THOMPSON admitted to conspiring with CHARLES K. EVANS and GENO EUGENE LYONS to steal firearms from Hebert Guns in Prairieville, and Meaux Guns in Baton Rouge. THOMPSON admitted that in July of 2015, he, EVANS, and LYONS unsuccessfully attempted to steal firearms from Hebert Guns, then drove to Meaux Guns, where they forcibly entered and stole approximately forty‐three (43) firearms, including pistols, rifles, machineguns, and silencers. All three then split up the firearms in order to sell them. THOMPSON subsequently sold his share of the firearms. EVANS and LYONS have previously pled guilty for their involvement in the attempted burglary of Hebert Guns, the burglary of Meaux Guns, and the burglary of Bowie Outfitters in Baton Rouge in June of 2015.
Acting U.S. Attorney Amundson stated: “Prosecuting offenders who violate the federal gun laws is a top priority for this office and the U.S. Department of Justice generally. Stolen guns and armed felons fuel the violent crime plaguing our communities and threaten our safety and security. I applaud the united efforts of the various federal, state, and local law enforcement agencies and the prosecutors in this important matter.”
This investigation was led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with substantial assistance from the Baton Rouge Police Department, the East Baton Rouge Sheriff’s Office, and the Ascension Parish Sheriff’s Office. This matter is being prosecuted by Assistant United States Attorneys Ryan Crosswell and Peter Smyczek.
Chiropractor Convicted of Tax FraudRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced today that STEVEN F. ANGLE, age 61, of Baton Rouge, Louisiana, pled guilty before U.S. District Judge Shelly D. Dick to three counts of filing false tax returns, in violation of Title 26, United States Code, Section 7206(1), and to one count of endeavoring to interfere with the due administration of the Internal Revenue laws, in violation of Title 26, United States Code, Section 7212(a). As a result of his convictions, ANGLE faces a potential prison term as well as restitution order.
ANGLE owned and operated Chiropractic Nutrition Clinic located in Baton Rouge, Louisiana, for approximately 20 years. ANGLE provided chiropractor services to clients and was paid primarily by health insurance companies and law firms. ANGLE filed false federal income tax returns from 2005-2009 and from 2011-2013. For instance, ANGLE reported $26.00 in total income for the 2011 tax year and $0 in total income for the 2012 tax year. For the 2013 tax year, he reported $0 in total income when he had actually earned at least $108,000. In all of the 2005-2009 and 2011-2013 tax returns, he represented that he owed no taxes when, in fact, he had earned substantial income from his chiropractic services. Filed with these false tax returns were Forms 1099-MISC, which had been altered by ANGLE to reflect that he had earned $0 from the insurance companies and law firms when, in fact, he had earned significant income from them.
Acting U.S. Attorney Amundson stated, “Those who defraud the tax system not only defraud the federal government, but also leave millions of honest taxpayers holding the bag. Such fraudsters sometimes claim to be ‘sticking it’ to the federal government. In fact, they are really ‘sticking it’ to their honest neighbors and friends who pay their taxes. I appreciate the excellent work of the agents and prosecutors working on this important matter.”
IRS, Criminal Investigation Special Agent-in-Charge Jerome R. McDuffie stated, “Today’s guilty plea represents a victory for the taxpaying citizens of this country. Stephen Angle challenged the constitutionality of our nation’s tax laws, and was not successful in his attempts to impede the government, specifically the IRS. It is particularly relevant during this current filing season, that the taxpayers of this country are aware the Special Agents of IRS – CI are currently, and always, working very diligently to protect the tax dollars they pay into the tax system, as well as to collect from those individuals who evade the payment of their fair share. ”
This investigation was handled by the Criminal Investigations Division of the Internal Revenue Service and the Federal Bureau of Investigation. This matter is being prosecuted by Assistant United States Attorneys J. Brady Casey and Rene Salomon.
Operation Results in Federal Indictment Against 18 Defendants in Heroin Drug Trafficking ConspiracyRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced today the unsealing of a 39-page federal indictment charging 18 defendants in Operation Dirty Bird, an extensive federal, state, and local investigation aimed at dismantling a large scale heroin trafficking network based in Ascension Parish, Louisiana, and Houston, Texas.
The indictment charges significant drug trafficking, racketeering, firearm, and conspiracy charges. To date, investigative efforts have resulted in the seizure of over one and a half kilograms of heroin, substantial amounts of methamphetamine, crack cocaine, and oxycodone, seven firearms, over $314,000 in drug proceeds, and three vehicles allegedly used in the drug trafficking venture: a 2013 Porsche 911, a Mercedes CLS550, and a GMC Hummer.
The charged defendants are listed below. They face significant terms of imprisonment, fines, and the forfeiture of proceeds from the illegal activity.
- Jason Muse, age 37, formerly of Prairieville, Louisiana, is charged with conspiracy; distribution of heroin; possession with intent to distribute 500 grams or more of heroin; felon in possession of a firearm; possession of a firearm in furtherance of a drug trafficking crime; unlawful use of communications facilities; and forfeiture.
- Santos Mosquera-Candelo, age 63, formerly of Columbia, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Alexis Alberto Vener, age 32, of Houston, Texas, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Aron Winter Mosquera-Castro, age 22, of Houston, Texas, is charged with conspiracy; unlawful travel in aid of a racketeering enterprise, unlawful use of communications facilities; and forfeiture.
- Fabio Zuniga-Caicedo, age 37, of Houston, Texas, is charged with conspiracy; unlawful travel in aid of a racketeering enterprise, unlawful use of communications facilities; and forfeiture.
- Marshall Ann Muse, age 31, formerly of Prairieville, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Darwin A. Elphage, age 38, of Gonzales, Louisiana, is charged with conspiracy; distribution of heroin; possession with intent to distribute heroin and cocaine base; felon in possession of a firearm; unlawful use of communications facilities; and forfeiture.
- Herman Jimmerson III, age 33, of Gonzales, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Kevin Boudreaux, age 47, of Baton Rouge, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Anthony Gerrod Miller, age 38, of Geismar, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Nicholas Sean Fobbs, age 28, of Gonzales, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Raymond Gerard Comeaux, Jr., age 26, of Donaldsonville, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Jablonski Hankton, age 35, of Gonzales, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Jermaine Christopher Pleasant, age 36, of Donaldsonville, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Michael L. Williams, age 45, of Geismar, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Larry Earl Miles, age 27, of Donaldsonville, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Derrick Christopher Mills, age 27, of St. James, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Denmond L. Smith, age 38, of St. James, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
Acting U.S. Attorney Amundson stated, “This indictment is aimed squarely at the heart of a drug trafficking organization allegedly responsible for spreading significant amounts of heroin and other illegal drugs throughout our district. Every community and every person deserves peace, security, and freedom from the tyranny of armed drug traffickers. This indictment seeks to advance that goal. The combined federal, state, and local effort, which resulted in the indictment, reflects once again the unified front against crime in this district. I greatly appreciate the tremendous dedication and hard work by the agents and prosecutors working on this important matter.”
Brad L. Byerley, Assistant Special Agent-in-Charge of the Drug Enforcement Administration’s Baton Rouge District Office stated, “The abuse of heroin and other opioids is a serious problem in our community. All too often, this abuse leads to addiction, shattered lives, and even death. For the health and safety of our citizens, DEA and our law enforcement partners pursued this organization who preyed on the weak and addicted through the distribution of heroin. The resulting arrests further our efforts to prevent heroin trafficking from taking hold in our community.”
Ascension Parish Sheriff Jeff Wiley stated, “This case represents best practices in law enforcement which is utilizing all assets - federal and local. It is our hope that all of these heroin dealers are dealt with in the federal judicial system with the strongest of consequences.”
Antonio Pittman, Resident Agent-in-Charge of the Bureau of Alcohol, Tobacco, and Firearms’ Baton Rouge Field Office stated, “The Bureau of ATF is proud to work with federal, state, and local law enforcement, as well as the Middle District of Louisiana U.S. Attorney's Office on Operation Dirty Bird. Through successful collaborations such as this one, law enforcement continues to ensure the safety of our communities.”
This operation is being handled by the U.S. Attorney’s Office, the U.S. Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Baton Rouge City Police Department, the Ascension Parish Sheriff’s Office, the Iberville Parish Sheriff’s Office, the West Baton Rouge Parish Sheriff’s Office, the East Baton Rouge Parish Sheriff’s Office, the Louisiana State Police, and the Gonzales Police Department. This matter is being prosecuted by Assistant United States Attorney Jennifer Kleinpeter, who also serves as a deputy criminal chief.
The investigation is another effort by the Organized Crime Drug Enforcement Task Force (OCDETF) Program that was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. The OCDETF Program operates nationwide and combines the resources and unique expertise of numerous federal, state, and local agencies in a coordinated attack against major drug trafficking and money laundering organizations.
NOTE: An indictment is an accusation by the Grand Jury. The defendants are presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Former Financial Manager Pleads Guilty to Embezzling over $1.4 Million from EmployerRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced today that WADE BARBAY, age 54, of Baton Rouge, Louisiana, has pled guilty before U.S. District Judge John W. deGravelles to engaging in a wire fraud scheme to defraud his former employer Axiall Corporation. Through the scheme, BARBAY embezzled approximately $1,406,080. His sentencing date has not yet been determined.
During today’s hearing, the defendant admitted to using his position as Director of Shared Services, which oversaw Axiall’s corporate credit card program, to embezzle more than $1.4 million from the organization from January of 2011 through May of 2016. BARBAY did so by submitting fraudulently-inflated business expenses of other employees for payment to Axiall’s headquarters, causing the company to pay the inflated amounts to American Express. The defendant then directed American Express to credit his account with the fraudulently-inflated funds. Through this scheme, the defendant embezzled over $1,125,000. In addition, the defendant’s scheme included negotiating and depositing corporate refund checks into his personal bank account, totaling approximately $280,430. In total, over the course of a five-and-a-half-year period, the defendant fraudulently obtained over $1.4 million from his former employer.
Axiall Corporation is an international manufacturer and supplier of products derived from petrochemicals. The company is headquartered in Houston, Texas, and employs approximately 9,000 people in more than 42 facilities worldwide. One of Axiall’s facilities is located in Plaquemine, Louisiana. The defendant worked at this facility in a financial capacity for over 24 years.
Acting U.S. Attorney Amundson stated, “Fraud schemes perpetrated by insiders, particularly those entrusted with an organization’s finances, pose a serious threat to all organizations and, by extension, their employees. Our office will continue to aggressively pursue such matters, along with the FBI and our other excellent federal, state, and local partners. Once identified, these fraudsters must not be allowed to simply move to their next victim employer. Employers and law enforcement must work together to stop them. I thank the victim organization for uncovering the fraud and assisting in this important matter.”
FBI Special Agent-In-Charge Jeffrey S. Sallet stated: "I applaud the men and women of the FBI's Baton Rouge Resident Agency and U.S. Attorney’s Office for their aggressive work to help root out white collar crime within Louisiana. This is yet another example of how greed has driven an individual to enrich himself through dishonesty and theft. The arms of justice have a long reach and with our federal, state, and local law enforcement partners, we will continue to pursue such criminals."
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana and the Baton Rouge Office of the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Jessica M.P. Thornhill.
Statement on Killing of EBRSO DeputyRead the Press Release
BATON ROUGE, LA - In the wake of last night’s tragedy, Acting United States Attorney Corey Amundson stated: “Our hearts and prayers are with the family and friends of the fallen deputy and all the brave men and women in law enforcement who risk their own safety every single day to protect the communities they serve. We will devote whatever federal law enforcement resources are necessary to ensure that justice is served.“
Federal Charges Filed Against Illegal Alien in Connection with Fatal ShootingRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced that a federal criminal complaint has been filed against OCTAVIO BRINGAS‐POSADAS, 49, of Baton Rouge, Louisiana, for possession of a firearm by a prohibited person and illegal re‐entry into the United States by a removed alien.
According to the complaint, BRINGAS‐POSADAS was removed from the United States to Mexico, on March 22, 2012, by the U. S. Department of Homeland Security, Immigration and Customs Enforcement. Sometime thereafter, BRINGAS‐POSADAS unlawfully entered into the United States and found his way back to Baton Rouge. The complaint further alleges that, on March 13, 2017, BRINGAS‐POSADAS was inside his home alone with a 16‐year‐old victim when the victim was fatally wounded by a gunshot. The facts surrounding the fatal shooting remain under investigation.
Acting U.S. Attorney Amundson stated: “Our prayers are with the victim’s family and friends during this incredibly difficult time. Be assured that our office will aggressively pursue violators of our federal firearm and immigration laws.”
This investigation is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana; the Louisiana State Police; the East Baton Rouge Sheriff’s Office; the U. S. Department of Homeland Security, Immigration and Customs Enforcement; and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance and cooperation of the East Baton Rouge District Attorney’s Office. This matter is being prosecuted by Assistant U.S. Attorney Kevin R. Sanchez.
NOTE: The defendant is presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Acting U.S. Attorney AppointedRead the Press Release
BATON ROUGE, LA – Corey R. Amundson has been appointed as the Acting United States Attorney for the Middle District of Louisiana following the resignation of Walt Green who had served as the United States Attorney since 2014.
Acting U.S. Attorney Amundson stated: “I am deeply honored and humbled to lead an office of outstanding career professionals through this period of transition. Our office has a long history of commitment and dedication to the cause of justice that will be steadfastly maintained and honored on my watch. Crime has not stopped and neither will we. Our aggressive pursuit of criminals and our efforts to resolve pending matters will continue without pause. I look forward to continuing to work with our excellent federal, state, and local law enforcement partners and the communities we serve.”
Mr. Amundson has been a federal prosecutor in the Middle District of Louisiana for the past 15 years. He previously served as First Assistant United States Attorney (2014‐ 2017), Chief of the Criminal Division (2013‐2017), Senior Deputy Criminal Chief (2010‐ 2013), Deputy Criminal Chief in charge of the white collar crime section and the healthcare fraud strike force (2007‐2010), and line prosecutor in the white collar crime section and the violent crimes and narcotics section (2002‐2007). He has prosecuted more than 100 individuals and corporations, handling many significant and complex prosecutions and trials involving virtually all areas of federal criminal law.
Mr. Amundson frequently serves as an instructor for federal prosecutors and law enforcement agents at the U.S. Department of Justice’s National Advocacy Center and the
U.S. Department of Homeland Security’s Federal Law Enforcement Training Center. He is also an Adjunct Professor at the Louisiana State University Law Center, where he teaches a course entitled Corporate and White Collar Crime.
Before becoming a prosecutor, Mr. Amundson practiced at the law firm of King & Spalding LLP in its Washington, D.C. office, where he was assigned to the Special Matters and Government Investigations Group led by former U.S. Attorney General Griffin Bell. He also served for two years as a judicial law clerk for U.S. District Judge Sarah Evans Barker in Indianapolis. Mr. Amundson received his J.D. from Emory University and his B.A. from Indiana University.
U.S. Attorney Walt Green Announces His ResignationRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced today that he has submitted his resignation as United States Attorney for the Middle District of Louisiana effective March 10, 2017.
U.S. Attorney Green stated: “I wish to thank my incredible staff and law enforcement family for all their support over the years as I respectfully submit my resignation as United States Attorney. With over twenty-seven years as a United States Marine and twenty years as a member of the Department of Justice, I will treasure all my memories of public service to this great nation.”
As U.S. Attorney, Mr. Green prioritized protecting the district from terrorism and threats to national security, violent crime, human trafficking, as well as cyber threats, corruption, and fraud, with a special emphasis on assisting victims of crime.
Mr. Green fought human trafficking and the sexual exploitation of children by surging the number of prosecutors to aggressively pursue offenders and significantly expanding his Middle District Human Trafficking Task Force. His tenure saw prosecutions resulting in human traffickers being sentenced to 192 and 115 month sentences; a 20-year sentence for an offender who extorted children into producing child pornography; and a 25-year sentence for an offender who expressed interest in kidnapping and sexually abusing a child. He and his task force also engaged in outreach efforts aimed at educating law enforcement agencies, non-profit organizations, medical providers, and others about recognizing and investigating human trafficking and, most importantly, assisting its victims.
Violent crime was a focus throughout his tenure, forming a united front with federal, state, and local law enforcement. His leadership saw a doubling of the number of Organized Crime Drug Enforcement Task Force (OCDETF) operations aimed at large-scale and violent drug organizations, gangs, and cartels (including the prosecution of 39 offenders in Operation Third World, the largest such prosecution in the history of the district); a surge in the number of federal gun prosecutions over the last year through Operation Joint Endeavor; the launching of a new initiative, dubbed “Project Infiniti”, to increase federal prosecutions of violent drug offenders; the creation and staffing of the multi-jurisdictional Violent Crimes Unit and the Crime Strategies Unit; co-leading the Baton Rouge Area Violence Elimination program; and leading reentry and diversion efforts aimed at reducing recidivism.
Mr. Green created and led the Middle District of Louisiana’s innovative cyber security initiative, a comprehensive effort to increase awareness of cyber security issues, better protect potential victims in the district, and take a more aggressive approach at initiating criminal investigations and prosecutions where appropriate. Through his leadership, Mr. Green established new relationships with his district’s federal, state, and local law enforcement partners; established a new law enforcement working group to better address and respond to cyber threats affecting the Middle District; and directed a significant investment in outreach to the private sector and business community. Mr. Green’s efforts led to a significant increase in the number of cyber- and computer crime-related criminal investigations being led by his office.
Mr. Green aggressively pursued white collar criminals, including corrupt public officials and those seeking to defraud government programs and private entities, which included the district’s first insider trading prosecutions, in connection with the sale of The Shaw Group, and its first prosecution of the Bank Secrecy Act’s anti-money laundering provisions.
His efforts included overseeing the continuation of the district’s successful health care fraud initiative, including the efforts of the Baton Rouge Medicare Fraud Strike Force, part of the U.S. Department of Health and Human Services and the U.S. Department of Justice’s multi-agency effort to fight Medicare fraud. By dedicating significant, additional office resources to the anti-health care fraud effort, and partnering with the Department of Justice’s Criminal Division and dedicated Strike Force attorneys, Mr. Green’s office convicted numerous defendants of health care fraud and related schemes, obtained dozens of lengthy prison sentences (including several of the longest sentences for health care fraud in the history of the district), and obtained judgments and restitution orders totaling tens of millions of dollars.
Throughout his tenure, Mr. Green demonstrated his commitment to bringing to justice those who violated the civil rights of others, including convicting three former state corrections officers in the beating of an inmate, convicting the Sorrento police chief in a civil rights investigation, and, most recently, charging four former supervisory correctional officers with beating a handcuffed and shackled inmate.
Mr. Green led his civil division in using the civil process to combat healthcare fraud, protect the interests of the United States, forfeit criminal proceeds, and collect millions of dollars in criminal and civil judgments for victims of crime, the U.S. Treasury, and various agencies.
Mr. Green is also the Executive Director of the National Center for Disaster Fraud (“NCDF”), formerly the Hurricane Katrina Fraud Command Center, located in Baton Rouge. The NCDF is the central point for the receipt and processing of disaster fraud-related complaints nationwide and facilitates complaints to the appropriate federal, state, and local investigative agencies.
On March 13, 2014, President Obama nominated Mr. Green for the position of United States Attorney for the Middle District of Louisiana. The U.S. Senate unanimously confirmed Mr. Green’s nomination on May 1, 2014, and he was sworn-in on June 2, 2014. Mr. Green oversaw a district comprised of nine parishes and approximately one million residents, managing a staff of 60 attorneys and support personnel.
Mr. Green earned his B.A. from Louisiana State University and his J.D. from Tulane Law School. From 1993 through 1997, he served on active duty in the United States Marine Corps. In 1999, he became an Assistant United States Attorney in Las Vegas. He then returned to Baton Rouge where he continued serving as an Assistant United States Attorney. Prior to becoming U.S. Attorney, Green served as the Acting United States Attorney (2013-2014), the First Assistant United States Attorney (2010-2013), and the Deputy Criminal Chief in charge of the Violent Crime and Narcotics Section (2001-2010). He also served as the Anti-Terrorism Advisory Committee Coordinator, the Anti-Terrorism Task Force Coordinator, and the Weapons of Mass Destruction Coordinator.
Mr. Green’s commitment to public service also includes twenty-seven years of disguished service in the United States Marine Corps, including two tours of duty in Iraq. He continues to serve in the Reserve, holding the rank of Colonel.
California Man Convicted of Multi-State Heroin Conspiracy and Money LaunderingRead the Press Release
BATON ROUGE, LA - United States Attorney’s Office announced today another conviction in connection with a Middle District of Louisiana Organized Crime Drug Enforcement Task Force (OCDETF) investigation of a significant multi-state heroin conspiracy involving the distribution and sale of heroin disguised as oxycodone.
On March 9, 2017, LOGAN BRANNON, age 37, of Newport Beach, California, was convicted on all counts charged against him in an Indictment filed in October 2015, including conspiring to distribute and possess with the intent to distribute heroin, distributing heroin, and conspiring to commit money laundering. BRANNON’s guilty pleas ended a jury trial that had been in its third day before Chief U.S. District Judge Brian A. Jackson. BRANNON was remanded into the custody of the U.S. Marshal and will be sentenced on June 29, 2017.
BRANNON admitted that, between December 1, 2013, and October 2015, he conspired with individuals in California and Louisiana to distribute thousands of pills that had been pressed to resemble oxycodone that, in fact, contained over 1 kilogram of heroin. Upon delivery of the pills in Baton Rouge from California, they were then distributed to mid-level drug dealers and ultimately sold to drug abusers in East Baton Rouge and Livingston Parishes. Throughout the period of the conspiracy, BRANNON knew that the pills contained heroin, and his intent was to sell and profit from the sale of significant amounts of heroin. In January, February, and March 2015, BRANNON supplied over 30,000 heroin pills for distribution in Baton Rouge, Louisiana. In addition, between July 2014 and April 2015, LAMBERT and others agreed to engage in financial transactions involving the proceeds of the heroin-trafficking offenses in order to conceal and disguise the source, ownership, and control of the illegally obtained drug proceeds.
BRANNON was identified, along with 9 others, as part of a substantial heroin-trafficking and money laundering conspiracy investigated by the U.S. Drug Enforcement Tactical Diversion Squad, Baton Rouge District Office, and Internal Revenue Service - Criminal Investigations New Orleans Field Office Division.
U.S. Attorney Green stated: “This conviction is another example of our continuing efforts to join with federal, state, and local law enforcement to neutralize the heroin epidemic sweeping our country and make our community safer. This organization sold and distributed press heroin pills disguised as oxycodone presents into our district from California. The risk created by such activity is unconscionable, particularly concerning the number of overdose deaths due to heroin use throughout our community and the nation. I greatly appreciate the hardworking team of federal, state, and local law enforcement agents and prosecutors who handled this important and impactful case.”
“The successful prosecution of the members of this drug trafficking organization should be a warning to others who engage in this type of activity,” stated DEA Assistant Special Agent in Charge Brad L. Byerley. “This case highlights the impact multiple agencies can have when they join forces. We will continue to work together and pursue those who threaten our communities through the smuggling and distribution of illegal and dangerous drugs and bring them to justice.”
Jerome R. McDuffie, Special Agent in Charge of the IRS – Criminal Investigation New Orleans Field Office, stated: “The prosecution of these individuals is a victory in the ongoing war against drugs. It is our extreme honor to serve alongside our federal, state, and local law enforcement partners in the Organized Crime Drug Enforcement Task Force. It is vital to follow the money of illicit drug activity. Adding the particular skills of an IRS Special Agent to the investigation of drug enterprises, such as this one, is, in part, what allows the government to seize and forfeit the monetary proceeds of the organization, and convert those funds to use in the protection of the very communities these individuals would seek to destroy.”
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the U.S. Drug Enforcement Administration’s Tactical Diversion Unit in the Baton Rouge District Office, and the Internal Revenue Service’s Criminal Investigation Division, with assistance from the Louisiana State Police, East Baton Rouge Parish Sheriff’s Office, Iberville Parish Sheriff’s Office, Baton Rouge Police Department, the DEA in Orange County, California, and Newport Beach Police Department. The case is being prosecuted by Assistant United States Attorneys Paul L. Pugliese and Frederick A. Menner, Jr.
Ethel Investment Adviser Convicted of Stealing up to $9.5 Million in an Investment Fraud SchemeRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced the conviction of a former investment adviser who stole up to $9.5 million from his victims in an investment fraud scheme.
On March 6, 2017, BRYAN LEE ADDINGTON, age 55, of Ethel, Louisiana, pled guilty to mail fraud and aggravated identity theft before Senior U.S. District Judge James J. Brady. As a result of his guilty pleas, ADDINGTON faces imprisonment, fines, restitution orders, forfeiture, and a term of supervised release following imprisonment. A sentencing date has not yet been scheduled.
As ADDINGTON acknowledged in court during his guilty plea, from in or about January 2010 through at least April 2016, he executed a fraudulent scheme to defraud victim investors through materially false and fraudulent pretenses, promises, and representations. Throughout the scheme, as ADDINGTON solicited funds from clients, he failed to invest the investment funds as promised and instead sent them false account statements often addressed from non-existent post office boxes. ADDINGTON purportedly paid distributions to his victims, but such distributions were often paid with money that actually belonged to other victim investors. ADDINGTON also admitted to forging his associate’s signature for the purpose of furthering his fraud scheme. ADDINGTON fraudulently obtained between $1.5 million and $9.5 million from his scheme; the court will determine a specific amount at or prior to ADDINGTON’S sentencing.
U.S. Attorney Green stated: “Investment fraud often leaves a devastated trail of victims in its wake. That is one of the many reasons investment fraud is, and will continue to be, a high priority for my office and the U.S. Department of Justice generally. I commend the diligent and outstanding efforts of all the prosecutors and agents who have worked on this important matter.”
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation Division, and the Louisiana Office of Financial Institutions, in coordination with the Louisiana Department of Insurance and Louisiana State Police. It is being prosecuted by Assistant United States Attorneys Ryan Rezaei and Ryan Crosswell.
Illegal Alien Cocaine Trafficker Sentenced to PrisonRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced today that U.S. District Judge Shelly D. Dick sentenced SILVESTRE GUTIERREZ, age 39, of Mexico, to seventy-eight (78) months in federal prison for his role in attempting to transport approximately six (6) kilograms of cocaine through Baton Rouge in a rental vehicle.
On September 7, 2016, GUTIERREZ pled guilty to conspiracy to possess with intent to distribute a detectable amount of cocaine, in violation of Title 21, United States Code, Section 846, and illegal reentry by a previously removed alien, in violation of Title 6, United States Code, Section 1326(a).
The defendant and his co-conspirators were arrested on February 29, 2016 after law enforcement officers found fifteen (15) vaccum sealed packages of cocaine floating the gas tank of their rental vehicle. Further, the defendant had in his possession the receipts for the items used to vaccum seal the cocaine for transporation in the gas tank of the vehicle. It was also uncovered that the defendant was not legally in the United States and had been previously deported on two prior occasions.
This matter was investigated by the U.S. Drug Enforcement Administration with assistance from the Baton Rouge Police Department. The case was prosecuted by Assistant United States Attorney Jessica M.P. Thornhill.
Former Systems Administrator Sentenced to Prison for Hacking into Industrial Facility Computer SystemRead the Press Release
BATON ROUGE, LA – United States Attorney Walt Green announced today that BRIAN P. JOHNSON, age 44, of Baton Rouge, Louisiana, has been sentenced to serve thirty-four (34) months in federal prison, as a result of his conviction for hacking into the computer system of an industrial facility to disrupt and damage its operations, in violation of Title 18, United States Code, Section 1030(a)(5)(A). Chief U.S. District Judge Brian A. Jackson ordered JOHNSON to pay restitution to Georgia-Pacific in the amount of $1,134,828, pay a $100 special assessment to the United States, and forfeit a variety of computer devices and accessories used in connection with his crime. Additionally, following his release from prison, JOHNSON will be required to serve a 3-year term of supervised release.
Georgia-Pacific is one of the world’s largest manufacturers of paper, pulp, tissue, packaging, building materials, and related chemicals. The company is headquartered in Atlanta, Georgia, and employs approximately 35,000 people in more than 200 facilities nationwide. One of Georgia-Pacific’s facilities is located in Port Hudson, Louisiana, and the Port Hudson mill operates 24 hours a day, making paper, tissue, and paper towels. JOHNSON worked for many years as the facility’s information technology (IT) specialist and systems administrator. On February 14, 2014, JOHNSON’s employment was terminated, and he was escorted from the mill. After being terminated, however, JOHNSON remotely accessed the plant’s computer system and intentionally transmitted code and commands which resulted in significant damage to Georgia-Pacific and its operations.
On February 27, 2014, the Federal Bureau of Investigation executed a search warrant at JOHNSON’s home in Zachary, Louisiana, and observed a virtual private network connection to Georgia-Pacific on JOHNSON’s computer screen. Agents lawfully seized JOHNSON’s computer, pursuant to the warrant, and a subsequent forensic examination of the computer revealed logs of JOHNSON’s February 27, 2014 intrusion into the facility’s system.
On June 25, 2015, a federal grand jury returned an indictment charging JOHNSON with intentionally damaging protected computers at Georgia-Pacific, from February 14, 2014 through February 27, 2014.
On February 4, 2016, JOHNSON pled guilty to the indictment before Chief Judge Jackson. In connection with his guilty plea, JOHNSON admitted that he had accessed the plant’s computer system and intentionally transmitted harmful code and commands to the system.
On February 15, 2017, JOHNSON appeared for sentencing. After hearing arguments from both parties, Chief Judge Jackson determined that the evidence established that JOHNSON had not only committed the February 27, 2014 intrusion, but in fact a series of intrusions, beginning shortly after his termination on February 14, 2014 and continuing through the federal search. Chief Judge Jackson also determined that JOHNSON’s criminal conduct caused a loss to Georgia-Pacific of more than $1.1 million, and JOHNSON was ordered to pay restitution for the full amount of the victim’s damages. JOHNSON was ordered to surrender to the U.S. Bureau of Prisons to begin serving his nearly three-year prison term next month.
U.S. Attorney Green stated: “This case is a powerful reminder of the very real threat and danger that businesses and individuals face from cyberattacks and other cyber-related criminal activity. Thanks to the victim’s quick response and cooperation with our office and the FBI—as well as the excellent work by the prosecutors and law enforcement agents assigned to this matter—we were able to stop Mr. Johnson’s malicious attacks and bring him to justice. The best defense to these sorts of attacks includes security, training, and continued vigilance at the facility level. However, through my office’s new Cyber Security Initiative, we have partnered with numerous federal, state, and local law enforcement agencies who have the skills and expertise to confront these threats in our district, and we will aggressively work with our partners to pursue federal criminal prosecutions whenever appropriate.”
FBI New Orleans Special Agent in Charge (SAC) Jeffrey Sallet stated: “I would like to commend the men and women of the FBI's New Orleans Division’s Cyber Squad Task Force and the U.S. Attorney’s Office in Baton Rouge for their outstanding efforts in investigating this case to the fullest extent and bringing the responsible parties to justice. Combatting cyber crime is among the FBI’s top priorities due to its evolving nature and the direct threat it poses to Louisiana infrastructure.”
United States v. Brian Johnson was investigated by the Federal Bureau of Investigation’s Cybercrimes Squad. The case is being prosecuted by Assistant U.S. Attorney M. Patricia Jones, who serves as the office’s Appellate Chief, and Assistant U.S. Attorney Ryan Crosswell.
The U.S. Attorney’s Office—Cyber Security Initiative
In early 2016, the U.S. Attorney’s Office for the Middle District of Louisiana launched a new Cyber Security Initiative. The initiative brings together resources from the U.S. Department of Justice’s Computer Crimes and Intellectual Property Section, the Federal Bureau of Investigation’s Cyber Division, the U.S. Secret Service, the U.S. Department of Homeland Security, the U.S. Department of Treasury (including both the Internal Revenue Service’s Criminal Investigations Division and the Treasury Inspector General for Tax Administration), the U.S. Department of Education, the Louisiana State Police, the East Baton Rouge Parish Sheriff’s Office, the East Baton Rouge Parish District Attorney’s Office, and other federal, state, and local agencies.
Through a newly-created law enforcement working group, the initiative assembles agents and other personnel from across Louisiana and the region to assess and share information about incoming reports of cyber incidents affecting the Middle District, and evaluate law enforcement’s response. The initiative also includes a significant investment in outreach aimed at fostering greater collaboration between private industry and law enforcement and encouraging immediate reporting of cyber incidents. Team members routinely contribute to InfraGard Louisiana, a partnership between the FBI and the private sector that works to protect critical infrastructure.
For more information about the U.S. Attorney’s Office’s Cyber Security Initiative, please contact Assistant United States Attorney Alan Stevens, who serves as a Deputy Criminal Chief within the USAO, or Assistant U.S. Attorney Ryan Rezaei, at (225) 389-0443.
For more information about InfraGard Louisiana, please contact FBI Special Agent Corey Harris at (504) 816-3145, or InfraGard Louisiana President Lester J. Millet, III, at (985) 210-7518.
To submit any information to the FBI concerning suspected internet-facilitated criminal activity, please visit the website for the FBI’s Internet Crime Complaint Center (IC3), www.ic3.gov.
Former Prison Supervisor Convicted of FraudRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced today that a former Colonel at the Louisiana State Penitentiary, SHIRLEY WHITTINGTON, age 46, of St. Francisville, Louisiana, has been convicted of wire fraud. Yesterday, WHITTINGTON pled guilty before U.S. District Judge James J. Brady to engaging in wire fraud, in violation of Title 18, United States Code, Section 1343.
The guilty plea arises from WHITTINGTON’s time as Treasurer of the Angola Employees Recreation Committee (“AERC”), a limited liability company formed to enrich its members through recreational activities and community events. The AERC raised funds from various sources and its finances were subject to internal audits and review.
In connection with her guilty plea hearing, WHITTINGTON admitted to a factual summary which detailed her wire fraud scheme. According to the factual summary, WHITTINGTON served as Treasurer of the AERC from February of 2006 thought June of 2016. Her duties included, among other things, depositing AERC funds, purchasing items and services, approving purchases, check writing, preparing financial statements, account reconciliation, and working with an external accountant for any audit or annual tax filings. In order to facilitate her financial oversight and reporting of AERC funds and purchases, WHITTINGTON maintained a QuickBooks accounting log. She also had signature authority for AERC bank accounts and was issued AERC debit cards.
Between March of 2009 and May of 2016, as part of her scheme to defraud and to obtain money from the AERC, WHITTINGTON diverted organization funds for her own benefit and for the benefit of her associates through online and local retailer purchases, ATM withdrawals, cashback and countercheck transactions, and by removing cash from concession sale deposits. Throughout the course of her scheme, she fraudulently diverted thousands of dollars in AERC funds.
In order to conceal her diversion of AERC funds, WHITTINGTON fraudulently omitted vendor names and designated certain purchases as “misc” or “misc. business expenses” in relevant portions of the AERC QuickBooks log. These material misrepresentations served to disguise her use of AERC funds for her own personal benefit or the benefit of her associates and to create the false impression that these transactions were legitimate business expenses of the AERC.
U.S. Attorney Green stated, “Public corruption has been and will continue to be a top priority for this office. I greatly appreciate the work of the FBI, the Louisiana Legislative Auditor’s Office, the Louisiana Attorney General’s Office, and the other state and local agencies who assisted on this important matter. A unified effort is essential to battling corruption.”
FBI Special Agent in Charge Jeffrey Sallet stated, “Citizens expect that every public official will fulfill their obligations with integrity and respect. The FBI will investigate any public officials who attempt to enrich themselves unjustly by profiting from their position and abusing the trust that others have placed in them.”
Louisiana Legislative Auditor Daryl Purpera stated, “Louisiana's taxpayers want -- and deserve -- public officials and employees who do not use their positions to serve their own interests. We take public corruption very seriously and will continue to work with the U.S. Attorney's Office, the FBI, and state and local law enforcement agencies to stop the misuse of public funds in Louisiana.”
The matter is being handled by the United States Attorney’s Office for the Middle District of Louisiana and the Baton Rouge Office of the Federal Bureau of Investigation, with substantial assistance provided by investigative auditors from the Louisiana Legislative Auditor’s Office. The matter is being prosecuted by Assistant United States Attorney Chris Dippel, who serves as a Deputy Chief of the Criminal Division.
Grand Jury Indicts Eight Members of Multi-State Drug Trafficking NetworkRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced today the unsealing of a federal grand jury indictment charging eight individuals in connection with an extensive federal, state, and local investigation by the Middle District Organized Crime and Drug Trafficking Task Force (OCDETF) aimed at a drug trafficking network based in Ascension Parish and covering Louisiana, Texas, and Mississippi.
The indictment charges significant drug trafficking offenses involving cocaine, crack cocaine, and heroin. If convicted, these defendants face significant terms of imprisonment, fines, and the forfeiture of proceeds from the illegal activity. The defendants are as follows:
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Arthur Johnson, Jr., a.k.a. “Nelson Howard,” “Wood,” and “Dread,” age 40, of Hattiesburg, Mississippi, CEO of “Ruff-n-Rugged Entertainment” in Geismar, Louisiana, is charged with conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine, crack cocaine, and 100 grams or more of heroin; distribution of 100 grams or more of heroin; unlawful use of a communication facility; and forfeiture.
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Lorenza Benitez Alday, a.k.a. “Old Woman,” “Old Lady,” and “Old Girl,” age 51, of Gonzales, Louisiana, is charged with conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine, crack cocaine, and heroin; possession with the intent to distribute five kilograms or more of cocaine; unlawful use of a communication facility; and forfeiture.
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Tom Christmas III, a.k.a. “Bald Head” and “Tom Jr.,” age 40, of Geismar, Louisiana, is charged with conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine, crack cocaine, and 100 grams or more of heroin; distribution of 100 grams or more of heroin; unlawful use of a communication facility; and forfeiture.
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Rodolfo De La Cruz Alday, age 43, of Gonzales, Louisiana, is charged with conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine, crack cocaine, and heroin; possession with the intent to distribute five kilograms or more of cocaine; unlawful use of a communication facility; and forfeiture.
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Norberto Aaron Bejarano, age 30, of Houston, Texas, is charged with conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine, crack cocaine, and heroin; distribution of five kilograms or more of cocaine; unlawful use of a communication facility; and forfeiture.
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Reginald Jackson, a.k.a. “Lemonhead,” age 44, of Geismar, Louisiana, is charged with conspiracy to distribute and possess with the intent to distribute cocaine, 28 grams or more of crack cocaine, and heroin; distribution of cocaine; distribution of crack cocaine; distribution of 28 grams or more of crack cocaine; and forfeiture.
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Lashucklan Martin, a.k.a. “Fat,” age 39, of Hattiesburg, Mississippi, is charged with conspiracy to distribute and possess with the intent to distribute cocaine, crack cocaine, and heroin; unlawful use of a communication facility; and forfeiture.
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Everett D. Ramsey, a.k.a. “Ram,” age 30, of Hattiesburg, Mississippi, is charged with conspiracy to distribute and possess with the intent to distribute cocaine, crack cocaine, and heroin; unlawful use of a communication facility; and forfeiture.
U.S. Attorney Green stated: “Our office will continue to aggressively pursue drug traffickers using all legal means available. I commend the FBI, the Ascension Parish Sheriff’s Office, and all of the other federal, state, and local law enforcement agencies who contributed to this important matter.”
Jeffrey S. Sallet, the Special Agent-in-Charge of the New Orleans Division of the Federal Bureau of Investigation, stated: “This investigation and indictments are the result of multiple law enforcement agencies working together to keep our communities safe. The FBI will continue to work with our federal, state and local partners to combat violent gangs and illegal drug traffickers.”
Ascension Parish Sheriff Jeff Wiley stated: “We partnered with the FBI on this case several years ago. We will continue to work together to keep our streets safe from drugs and other criminal activity.”
The investigation is another effort by the Organized Crime Drug Enforcement Task Force (OCDETF) Program which was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. The OCDETF Program operates nationwide and combines the resources and unique expertise of numerous federal, state, and local agencies in a coordinated attack against major drug trafficking and money laundering organizations.
This joint operation is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana; the FBI Baton Rouge Capitol Area Gang Task Force, which is an FBI Safe Street Task Force that includes the East Baton Rouge Sheriff’s Office and Baton Rouge Police Department; the Ascension Parish Sheriff’s Office; the FBI Hattiesburg, Mississippi, Resident Agency; and Hattiesburg, Mississippi, Police Department. This matter is being prosecuted by Assistant United States Attorneys Jamie A. Flowers, Jr. and Cam Le.
NOTE: An indictment is an accusation by the Grand Jury. The defendants are presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
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Former Tennessee Sheriff Pleads Guilty to Federal Corruption ChargesRead the Press Release
Former Chief Administrative Deputy and Sheriff’s Uncle Also Plead Guilty
A former Rutherford County Sheriff, his former Chief Administrative Deputy, and his uncle have pleaded guilty for operating a private electronic cigarette company in the county jail for personal gain and the concealment and misrepresentation of their involvement with the business, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney Jack Smith of the Middle District of Tennessee.
Robert F. Arnold, 40, former Sheriff of Rutherford County, Tennessee, and his former Chief Administrative Deputy Joe L. Russell II, 50, also of Rutherford County, pleaded guilty to wire fraud, honest services fraud and extortion under color of official right on Jan. 18 and 20, respectively. Arnold’s uncle, John Vanderveer, 59, of Marietta, Georgia, pleaded guilty to attempted witness tampering on Jan. 30. The pleas were entered before Chief U.S. District Judge Kevin H. Sharp of the Middle District of Tennessee. Arnold is scheduled to be sentenced by Chief Judge Sharp on May 8, and Vanderveer and Russell are scheduled to be sentenced on May 12 and May 19, respectively. All three were indicted in May 2016 for their roles in the formation and operation of the electronic cigarette company, JailCigs LLC.
In connection with their pleas, Arnold and Russell admitted to forming JailCigs with Vanderveer in 2013; using Arnold’s official position as Sheriff of Rutherford County to benefit JailCigs by allowing the company’s electronic cigarettes to come into the Rutherford County jail as non-contraband and be distributed by county employees; taking steps to disguise their involvement in the company; and misrepresenting the benefits that Rutherford County was supposedly receiving from JailCigs.
Additionally, Arnold admitted that he personally received over $66,000 from JailCigs; and admitted that he lied about his income from, and knowledge of, the company when he was confronted by local media in April 2015. Russell admitted receiving over $52,000 in payments from JailCigs. Vanderveer, a private citizen and Arnold’s uncle, admitted to telling the company’s Tennessee sales representative to destroy her commission sheets so the company could provide fraudulent versions that would show the payments going to her, rather than Arnold. Under the terms of the plea agreement, each defendant agreed to pay restitution to Rutherford County in the amount of $52,500.The FBI and the Tennessee Bureau of Investigation investigated the case. Trial Attorney Mark Cipolletti of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Cecil W. VanDevender of the Middle District of Tennessee are prosecuting the case.
Federal Grand Jury Indicts Three Individuals for Child Pornography OffensesRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced today that a federal grand jury has returned indictments charging child pornography offenses against three different individuals as a result of investigations by various federal, state, and local law enforcement agencies. If convicted, the defendants could face a significant imprisonment, fines, restitution, forfeiture, and supervised release following imprisonment.
The defendants and charges are as follows:
MICHAEL STANLEY CLARK, age 31, of Denham Springs, Louisiana, is charged with production of child pornography, distribution of child pornography, transportation of child pornography, possession of child pornography, and forfeiture.
JERRY R. BROWN, age 48, of Greensburg, Louisiana is charged with receipt and attempted receipt of child pornography, possession of child pornography, and forfeiture.
IORDAN BOSSEV, age 20, of Baton Rouge, Louisiana is charged with receipt of child pornography, possession of child pornography, and forfeiture.
U.S. Attorney Green stated: “These indictments reflect the continuing commitment by this office, together with our federal, state, and local partners, to aggressively pursue those who contribute to the sexual exploitation of our children. The identification, investigation, and prosecution of these offenders is crucial in punishing them and also deterring future offenders from taking advantage of children. I commend the excellent work of the federal, state, and local agencies who worked closely together on these important cases.”
FBI Special Agent-in-Charge Jeffery Sallet stated: “One of law enforcement’s highest priorities is to protect those who are most vulnerable among us. The FBI will continue to vigorously pursue those who seek to exploit children. These indictments demonstrate that commitment.”
These matters were investigated by the Federal Bureau of Investigation (FBI), the U.S. Department of Homeland Security, Homeland Security Investigations (HSI), the Cyber Crime Unit and the Criminal Division of the Louisiana Attorney General’s Office, the Livingston Parish Sheriff’s Office, with assistance from the Livingston Parish District Attorney’s Office, the St. Helena Parish Sheriff’s Office, the Sheriff’s Office of Jefferson County, New York, and the Sheriff’s Office of Washington County, Oregon. These cases are being prosecuted by Assistant United States Attorneys Cam T. Le and Calvin A. Leipold, III.
These federal charges are part of Project Safe Childhood, a nationwide initiative by the U.S. 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “Resources” tab for information about Internet safety.
NOTE: An indictment is an accusation by the Grand Jury. The defendants are presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Violent Drug Trafficker Sentenced to 21 Years in Prison Arising from Massive Operation by the Middle District Organized Crime and Drug Trafficking Task ForceRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced another significant prison sentence resulting from a federal grand jury indictment against 38 individuals in Operation Third World, a long-running investigation by the Middle District Organized Crime and Drug Trafficking Task Force (OCDETF) aimed at dismantling a notoriously violent drug trafficking network operating in Baton Rouge and surrounding areas.
Yesterday, Myron Chevelle Hart, age 39, of Baker, Louisiana, was sentenced by U.S. District Judge Shelly D. Dick to serve 262 months (21 years) in prison and ordered to forfeit $199,441 as proceeds of his offenses. In addition, Hart was sentenced to 48 months for violating the terms of his federal supervised release which resulted from his 2007 federal drug and firearm convictions. The defendant will not be eligible for parole since the federal system has abolished parole.
A federal grand jury indicted Hart and 38 others with various narcotics trafficking and firearms offenses related to their involvement in a violent drug trafficking organization. The indictment includes significant drug trafficking, racketeering, firearm, and conspiracy charges, including allegations of a murder plot, threats to use a hatchet to cut off fingers, and using a child to help transport 18 kilograms of cocaine. To date, 34 of the defendants have been convicted and one has died. The remaining 4 defendants are set for trial. When the defendants were arrested pursuant to the indictment, agents seized cocaine, a stolen AR-15, a shotgun, three handguns, and over $113,000 in cash believed to be drug proceeds. Previously during the investigation, agents seized 6 firearms and over $150,000 in cash as part of this operation.
Hart plead guilty on November 10, 2016, admitting that beginning in early 2013, he conspired with Kelly D. Williams, Charles C. London, C’Prien Nicholas, Sylvester Smith, Artey Foulcard and others to obtain and distribute multiple kilograms of cocaine and crack cocaine for profit in and around Baton Rouge.
In addition to distributing cocaine and crack cocaine, Hart’s role in the organization was that of an enforcer, using violence and threats of violence to advance their aims. As an example, court-authorized wiretaps captured several phone calls during which Hart and a coconspirator planned to rob and kill someone because that person had talked negatively about them. During another conversation, Hart even bragged to different coconspirator that he should watch the news the following morning because the killing will be a story. After learning of the plan, law enforcement intervened, preventing the plan from being carried out.
The following defendants have previously been sentenced:
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Charles C. London, age 40, of Baton Rouge, Louisiana, was sentenced on September 8, 2016 to 26.6-years imprisonment.
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Sylvester S. Smith, age 37, of Houston, Texas, was sentenced on May 19, 2016 to 18-years imprisonment.
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Donald Sanders, Jr., age 39, of Gonzales, Louisiana, was sentenced on November 3, 2016 to 7-years imprisonment.
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Derrick D. Hilliard, age 39, of Baton Rouge, Louisiana, was sentenced on June 23, 2016 to 5-years imprisonment.
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Willie C. Lewis, age 38, of Baton Rouge, Louisiana, was sentenced on May 19, 2016 to 9-years imprisonment.
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Sekari Davis Washington, age 38, of Zachary, Louisiana, was sentenced on June 30, 2016 to 1-year imprisonment.
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Clarence White, age 52, of Baton Rouge, Louisiana, was sentenced on November 10, 2016 to 4.5-years imprisonment.
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Vernon A. Powell, age 35, of Baton Rouge, Louisiana, was sentenced on January 12, 2017 to 8-years imprisonment.
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Devon D. Foster, age 37, of Baton Rouge, Louisiana, was sentenced on May 5, 2016 to 9-years imprisonment.
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Eric O’Neal Selders, age 44, of Independence, Louisiana, was sentenced on September 29, 2016 to 13.75-years imprisonment.
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James Edward Allen, age 33, of Baton Rouge, Louisiana, was sentenced on March 24, 2016 to 3-years imprisonment.
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Dwan M. Delavallade, age 39, of Baton Rouge, Louisiana, was sentenced on December 1, 2016 to 5.8-years imprisonment.
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Kelvin Ronelle Johnson, age 38, of Baton Rouge, Louisiana, was sentenced on August 4, 2016 to 5.8-years imprisonment.
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Gerry Earl Griffin, age 45, of Baton Rouge, Louisiana, was sentenced on June 16, 2016 to 1-year imprisonment.
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Gregory C. Walker, age 53, of Donaldsonville, Louisiana, was sentenced on July 28, 2016 to 5.8-years imprisonment.
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Jeremy James Washington, age 37, of Donaldsonville, Louisiana, was sentenced on December 19, 2016 to 5-years imprisonment.
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Myron Derell Mills, age 36, of Gonzales, Louisiana, was sentenced on April 7, 2016 to
15.2-years imprisonment.
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Ashley H. Hebert, age 27, of Thibodaux, Louisiana, was sentenced on June 16, 2016 to 2-years imprisonment.
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Keeyon Mondrell Sanders, age 34, was sentenced on September 29, 2016 to 2-years imprisonment.
U.S. Attorney Green stated: “Today’s severe sentence is a product of the tremendous efforts of the many federal, state, and local law enforcement agents, who, together with prosecutors in my office, worked seamlessly and tirelessly to put this violent group of thugs out of business. Together, we will continue to aggressively bring the fight to those who threaten the peace, safety, and security of our communities through violence and drug trafficking.”
DEA Assistant Special Agent-in-Charge Brad L. Byerley stated: “The arrests and convictions made in this investigation are part of DEA’s continuing effort to target the distribution of dangerous drugs at all levels. Illicit drug abuse and related criminal activity take a tremendous toll on our communities, including those in Baton Rouge. We will continue to work closely with our state and local law enforcement partners in order to enhance the quality of life for the citizens in this region.”
This operation is being handled by the U.S. Attorney’s Office, the U.S. Drug Enforcement Administration (DEA), the Internal Revenue Service-Criminal Investigations (IRS-CI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Baton Rouge City Police Department, the West Baton Rouge Parish Sheriff’s Office, the East Baton Rouge Parish Sheriff’s Office, the Ascension Parish Sheriff’s Office, the Louisiana State Police, the Iberville Parish Sherriff’s Office, the Livingston Parish Sherriff’s Office, the Gonzales Police Department, and the Baker Police Department.
This matter is being prosecuted by Assistant United States Attorneys Jennifer Kleinpeter and Adam Ptashkin.
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Final Member of Gulf Coast Drug Trafficking Ring ConvictedRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced the fifth and final conviction in a series of federal prosecutions aimed at a drug trafficking ring which operated in the Gulf Coast states. On Friday, January 6, 2017, KENDALL LEWIS, age 27, of Lecanto, Florida, appeared before Chief U.S. District Judge Brian A. Jackson and pled guilty to conspiring to distribute 500 grams or more of cocaine, in violation of Title 21, United States Code, Section 846,. LEWIS was remanded into custody following his conviction and is scheduled to be sentenced at 9:30 a.m. on April 20, 2017.
During the hearing and in his plea agreement, LEWIS admitted that in early 2015, he and his co-conspirators made multiple trips to the Houston, Texas area, where they would obtain distribution-level quantities of cocaine. LEWIS used female co-consprators to drive the cocaine back to Florida, while LEWIS and his other co-conspirators followed the car containing the cocaine back to Florida. The cocaine would then be distributed for profit in Florida. On February 9, 2015, after one such trip to Houston, LEWIS and his co-conspirators were arrested while driving through Baton Rouge, Louisiana, and found to be transporting more than 4 kilograms of cocaine.
LEWIS’S conviction follows the convictions of four co-conspirators who are pending sentencing:
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Kareem McKinnon, age 25, of Crystal River, Florida, was convicted on August 4, 2016, following a multi-day jury trial, of conspiring to distribute 500 grams or more of cocaine.
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Arthur William Armstrong, age 34, of Crystal River, Florida, pled guilty on October 21, 2015, to conspiring to possess with the intent to distribute 500 grams or more of cocaine.
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Lamechia Richburg, age 22, of Crystal River, Florida, pled guilty on December 2, 2015, to conspiring to possess with the intent to distribute cocaine.
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Shelby Collazo, age 21, of Beverly Hills, Florida, pled guilty on December 4, 2015, to conspiring to possess with the intent to distribute cocaine.
U.S. Attorney Green stated, “These five convictions should serve as a strong reminder of this office’s commitment to pursuing those who transport and distribute cocaine and other dangerous drugs on our streets. I appreciate the efforts of the DEA, BRPD, and LSP for helping us to dismantle this drug trafficking ring, and the efforts of all of our committed law enforcement partners who work to keep drugs out of our community every day.”
DEA Assistant Special Agent-in-Charge Brad L. Byerley stated, “These convictions signify that law enforcement will not tolerate drug dealing in our communities. The DEA and our law enforcement partners are committed to identifying every individual within a drug trafficking organization who is responsible for purveying our city with illegal narcotics.”
This matter was investigated by the United States Drug Enforcement Agency, with valuable assistance from the Baton Rouge Police Department and the Louisiana State Police. It is being prosecuted by Assistant United States Attorneys Adam Ptashkin and Robert Piedrahita.
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Former Gonzales District Fire Chief Convicted of Child Pornography ChargesRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced today that former Gonzales District Fire Chief KRISTOPHER JOHNSON, age 36, of Gonzales, Louisiana, has been convicted of distributing and possessing child pornography. Earlier today, JOHNSON plead guilty before U.S. District Judge Shelly D. Dick to four counts of distribution of child pornography and one count of possession of child pornography. He will be sentenced at a later date to be determined.
During today’s hearing, JOHNSON admitted to a factual basis contained in his plea agreement. According to the factual basis, the investigation began when law enforcement learned discovered that a Gmail user with several email addresses, including [email protected], had uploaded images of child pornography into an online photo account. Investigators then traced the user’s Internet Protocol (“IP”) addresses back to JOHNSON’s residence. After executing a search warrant at JOHNSON’s residence, investigators found child pornography on JOHNSON’s cell phone and IPad, including images of children between six and twelve years of age being sexually abused. When interviewed, JOHNSON admitted to going to various websites to view child pornography, trading child pornography via Google, and viewing child pornography which purportedly displayed the child niece of an individual with whom he was corresponding. Investigators further discovered that JOHNSON had texted multiple images of children being sexually abused to another individual via a texting application.
U.S. Attorney Green stated: “Those who exploit and perpetuate the sexual abuse of children by trading and possessing images of such abuse will continue to be aggressively pursued by this office, along with our federal, state, and local partners. I commend the agents and prosecutor for their work on this important prosecution.”
This matter is being investigated by the U.S. Department of Homeland Security, Homeland Security Investigations (DHS-HSI), and the Cyber Crime Unit of the Louisiana Attorney General’s Office, with assistance from the Ascension Parish Sheriff’s Office. The matter is being prosecuted by Assistant United States Attorney Ryan R. Crosswell.