Western District of Michigan
Press releases recorded for this federal judicial district.
Federal Grand Jury Returns a Superseding Indictment Adding New Charges in the Conspiracy to Kidnap Michigan Governor Gretchen WhitmerRead the Press Release
Note: A full copy of the superseding indictment can be viewed
here.WASHINGTON – A federal grand jury in Michigan returned a superseding indictment today that adds new charges of conspiracy to use a weapon of mass destruction against three defendants and adds federal firearms violations against two defendants in the case alleging a conspiracy to kidnap the governor of Michigan, Gretchen Whitmer.
According to court documents, Adam Fox, 40, of Wyoming, Michigan; Barry Croft Jr., 45, of Bear, Delaware; and Daniel Joseph Harris, 23, of Lake Orion, Michigan, are charged with knowingly conspiring to use weapons of mass destruction against persons or property in addition to the kidnapping conspiracy charged in October 2020. The superseding indictment further alleges that Fox, Croft and Harris intended to use the devices to destroy a nearby bridge, in effect, harming and hindering the governor’s security detail and any responding law enforcement officers.
The superseding indictment also alleges that on Sept. 13, 2020 in Lake County, Michigan, Croft and Harris knowingly possessed a destructive device that was not registered to them in the National Firearms Registration and Transfer Record as required by federal law. Harris is alleged to have possessed, between July 10, 2020 and Sept. 13, 2020, an Anderson Manufacturing, Model AM-15, .223/5.56 mm caliber semiautomatic assault rifle with a barrel of less than 16 inches in length, that was not registered to him.
Defendant Ty Garbin entered a guilty plea in December 2020 to the original indictment charging him with conspiracy to kidnap Governor Whitmer. Garbin faces up to life in prison for his conviction and awaits sentencing.
Defendants Adam Fox, Barry Croft, Kaleb Franks, Daniel Harris and Brandon Caserta each face up to life in prison if convicted of the kidnapping conspiracy. Fox, Croft, and Harris each face up to life in prison if convicted of conspiracy to use a weapon of mass destruction. Croft and Harris each face up to 10 years in prison if convicted of possession of an unregistered destructive device. Harris faces up to 10 years in prison if convicted of possession of an unregistered short barrel rifle. If convicted, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The new charges arise from an ongoing investigation conducted by the FBI, with valuable assistance provided by the National Security Division’s Counterterrorism Section, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and members of the Joint Terrorism Task Force, including the Michigan State Police.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Federal Grand Jury Returns A Superseding Indictment Adding New Charges in the Conspiracy to Kidnap Michigan Governor Gretchen WhitmerRead the Press Release
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that a federal grand jury returned a superseding indictment that adds new charges of conspiracy to use a weapon of mass destruction against three defendants and adds federal firearms violations against two defendants in the case alleging a conspiracy to kidnap the governor of Michigan, Gretchen Whitmer.
According to court documents, Adam Fox, 40, of Wyoming, Michigan; Barry Croft Jr., 45, of Bear, Delaware; and Daniel Joseph Harris, 23, of Lake Orion, Michigan, are charged with knowingly conspiring to use weapons of mass destruction against persons or property in addition to the kidnapping conspiracy charged in October 2020. The superseding indictment further alleges that Fox, Croft and Harris intended to use the devices to facilitate their plot to kidnap the governor by harming and hindering the governor’s security detail and any responding law enforcement officers.
The superseding indictment also alleges that on Sept. 13, 2020 in Lake County, Michigan, Croft and Harris knowingly possessed a destructive device that was not registered to them in the National Firearms Registration and Transfer Record as required by federal law. Harris is alleged to have possessed, between July 10, 2020 and Sept. 13, 2020, an Anderson Manufacturing, Model AM-15, .223/5.56 mm caliber semiautomatic assault rifle with a barrel of less than 16 inches in length, that was not registered to him.
Defendant Ty Garbin entered a guilty plea in December 2020 to the original indictment charging him with conspiracy to kidnap the governor. Garbin faces up to life in prison for his conviction and awaits sentencing.
Defendants Adam Fox, Barry Croft, Kaleb Franks, Daniel Harris and Brandon Caserta each face up to life in prison if convicted of the kidnapping conspiracy. Fox, Croft, and Harris each face up to life in prison if convicted of conspiracy to use a weapon of mass destruction. Croft and Harris each face up to 10 years in prison if convicted of possession of an unregistered destructive device. Harris faces up to 10 years in prison if convicted of possession of an unregistered short barrel rifle. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The new charges arise from an ongoing investigation conducted by the FBI, with valuable assistance provided by the National Security Division’s Counterterrorism Section, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and members of the Joint Terrorism Task Force, including the Michigan State Police.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Final Defendant in Nine-Person Transnational Drug Trafficking Conspiracy SentencedRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Jesus Cortez (40) of Lansing, Michigan was sentenced by United States District Judge Paul L. Maloney to 137 months imprisonment for his role in a nine-person drug trafficking conspiracy. The drug trafficking conspiracy involved current and former inmates of the Michigan Department of Corrections procuring methamphetamine and heroin from Mexico and distributing the drugs in West Michigan and elsewhere. The conspiracy spanned eleven counties in Michigan, including Alger, Luce, Allegan, Berrien, Branch, Grand Traverse, Ingham, Kent, Muskegon, Ottawa, and Van Buren Counties. The conspiracy also involved the distribution of buprenorphine (Suboxone) and methamphetamine inside correctional facilities.
Eight of the nine defendants charged in the superseding indictment were convicted following guilty pleas. One defendant, Arnulfo Trevino, died of natural causes after his guilty plea but before sentencing. The defendants’ sentences are listed below:
Name Age Residence Sentence Luis Alberto Cruz 31 Detroit, Michigan 240 months Carlos Martinez a/k/a “Los” 41 Norton Shores, Michigan 240 months Umberto Gavier Cruz a/k/a “Diablo” 67 Covert, Michigan 66 months Emmanuel Alfonso Ventura a/k/a “E” 29 Grand Rapids, Michigan 72 months Rocky Joseph Krupa a/k/a “Rock” 47 Traverse City, Michigan 90 months Jesus Cortez 40 Lansing, Michigan 137 months Sarah Joy mcBride 32 Allegan, Michigan 37 months Cecil William Wallis 34 Twin Lake, Michigan 24 monthsTwo of the eight defendants convicted, Luis Cruz and Emmanuel Ventura, were serving sentences in the Michigan Department of Corrections (MDOC) throughout the conspiracy. Another three defendants – Carlos Martinez, Rocky Krupa, and Jesus Cortez –joined the conspiracy almost immediately upon release from prison. Further details of the investigation are available in the criminal complaints filed in United States v. Luis Alberto Cruz, No. 1:20-mj-00145 and United States v. Carlos Martinez, No. 1:20-mj-179.
In announcing the sentences, U.S. Attorney Birge stated, “The most troubling aspect of this conspiracy was the defendants’ use of the Michigan Department of Corrections as a recruiting center and distribution hub for a transnational drug conspiracy with ties to traffickers in Mexico. Through a strong partnership with our state and local law enforcement teams, my office will continue to prosecute those who jeopardize the security of Michigan’s correctional facilities by using them in their criminal enterprises. Those who choose to sell drugs during and after their release from prison will face harsh federal sentences, as is reflected in the judgments of the District Court.”
“Severing this connection to dangerous drug cartels is a big win for law abiding citizens across the state of Michigan,” said DEA Special Agent in Charge Keith Martin. “Investigations like this where drug dealers are arrested, convicted and sentenced to a lengthy federal prison sentence are only possible through collaboration with our law enforcement partners.”
“We are grateful for the partnership of the U.S. Attorney’s Office and for the national, state, and local law enforcement professionals who all worked together to help stop the trafficking of drugs both in our correctional facilities and our communities.” said MDOC Director Heidi Washington. “We would also like to recognize the incredible work of our own Emergency Management analysts, who worked tirelessly to gather evidence and provide translations that directly led to many of these indictments.”
The investigation and prosecution were part of an Organized Drug Enforcement Task Force (OCDETF) operation called Operation Prison Break. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The Drug Enforcement Administration, U.S. Customs and Border Protection, U.S. Postal Inspection Service, Michigan Department of Corrections, the Grand Traverse County Sheriff’s Office, and the Michigan State Police and its sponsored drug trafficking task forces, including the West Michigan Enforcement Team, the Southwest Enforcement Team, and the Traverse Narcotics Team investigated the case. Assistant United States Attorneys Vito S. Solitro and Stephanie M. Carowan prosecuted the case.
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Kent County Tax Preparer Indicted for Preparing False ReturnsRead the Press Release
A federal grand jury alleges Gonzalo Rodriguez concealed his involvement in the scheme
by using the IRS filing credentials of other tax return preparers.
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that a federal grand jury charged Gonzalo Ramon Rodriguez, of Kent County, with aiding and assisting in the preparation and presentation of false and fraudulent tax returns, and aiding and abetting the filing of false claims against the United States Department of the Treasury.
According to the indictment, Gonzalo Rodriguez provided tax preparation services using electronic filing identification and preparer tax identification numbers that were assigned to two other e-file providers. For the tax years 2014 through 2018, Rodriguez allegedly selected the wrong filing status for his clients to maximize his preparation fees, attached Schedules C to tax returns that reported business expenses that the taxpayers did not incur, and claimed the Earned Income Tax Credit for taxpayers who did not otherwise qualify. The indictment further alleges that those actions fraudulently reduced his clients’ tax liabilities and increased their refunds.
If convicted, Rodriguez faces a maximum sentence of 3 years in prison for the false and fraudulent tax return counts and 5 years in prison for the false claims counts. Rodriguez also faces a period of supervised release, restitution, and monetary penalties. Actual sentences for federal crimes are typically less than the maximum penalties provided by law. Upon conviction, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The charges in the indictment are merely accusations and are not evidence of guilt. The defendant is presumed innocent unless and until proven guilty in a court of law. The government has the burden of proving guilt beyond a reasonable doubt.
The Grand Rapids office of the Internal Revenue Service – Criminal Investigation is investigating this case. A date for Rodriguez’s arraignment has not yet been scheduled.
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Newaygo Man Charged with Possession of Destructive DevicesRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced that David Robert-Daniel Saylor, Sr., a resident of Newaygo, Michigan was indicted and charged with multiple federal offenses, including possession of destructive devices and possession of a stolen firearm.
The indictment alleges that on or about March 8, 2021, Saylor possessed in Newaygo County two different improvised explosive devices. One device is described colloquially as a “pipe bomb.” The other is described as “an improvised explosive consisting of a brass fitting wrapped in tape that contained an explosive material.” Neither device was registered to Saylor, as required by federal law. The indictment includes a forfeiture allegation that explains the explosive devices were seized on March 8 and that Saylor must permanently forfeit them to the federal government if he is convicted. Saylor is also charged with possessing on that same date a firearm, specifically a Berretta .22 caliber rifle, knowing that it had been stolen from its lawful owner. Each of the three charges is punishable by up to 10 years’ imprisonment.
The charges in the indictment are merely accusations and are not evidence of guilt. David Saylor Sr. is presumed innocent unless and until proven guilty in a court of law. The government has the burden of proving guilt beyond a reasonable doubt.
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Sault Ste. Marie Man Sentenced to 30 Years for Abusive Sexual Contact with a MinorRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced that Ralph Fletcher Hepner, Jr., 53, of Sault Ste. Marie, Michigan, was sentenced in U.S. District Court to 360 months’ imprisonment for abusive sexual contact with a child under the age of twelve. In addition to the prison term, U.S District Judge Paul L. Maloney ordered Hepner to serve five years of supervised release following his release from prison and to have no contact with the victim.
“The federal penalties for hands-on sexual abuse of a child under twelve are severe because the crime is so awful,” said U.S. Attorney Birge. “While children are resilient in many ways, they are robbed of their innocence and the trauma from this sort of offense endures for years. This sentence sends a strong deterrent message and will keep the victim and other potential victims safe from Hepner for years.”
The charge arose from an incident in early 2018, in which Hepner sexually abused a nine-year-old child at his home on the Sault Ste. Marie reservation. Sault Ste. Marie law enforcement became aware of the incident when the victim reported the abuse to a relative. After an extensive investigation, a federal grand jury indicted Hepner. He entered a plea of guilty to the abusive sexual contact charge on December 14, 2020.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney’s Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, tribal, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
The Sault Ste. Marie Tribal Police and the FBI investigated the case. Assistant U.S. Attorney Hannah N. Bobee prosecuted the case.
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Northern Michigan Man Sentenced to Fifty Years for Child ExploitationRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced that Duane Richard Forrest, age 48, of Sault Ste. Marie, Michigan, was sentenced to a total of fifty years for photographing and videotaping his sexual exploitation of two boys in their early teens. He was also ordered to pay $10,200 in special assessments.
“The trauma of sexual abuse can last decades, even a lifetime,” said Birge. “Mr. Forrest’s sentence reflects the seriousness of his crimes and the enduring harm caused when offenders record and preserve their abhorrent exploitation of minors in visual media. Thanks to a partnership between Homeland Security Investigations and Chippewa County, Mr. Forrest was caught and will never be able to victimize the young again.”
In 2020, witnesses told law enforcement that Forrest had sexually abused two minors he had befriended. Police obtained a search warrant for Forrest’s home and found sexual pictures and videos of multiple children, including the two minors that witnesses had identified. Federal and local authorities then jointly investigated the full scope of Forrest’s criminal activity. Forrest was charged federally for producing child pornography and eventually pled guilty. A federal charge related to his possession of child pornography that included images obtained on-line was dismissed pursuant to a plea agreement, but the court could still consider that conduct under federal sentencing guidelines. U.S. District Judge Paul L. Maloney sentenced him to 300 months (25 years) in prison for his exploitation of each of the victims. He ordered that the sentences be served consecutively, meaning Forrest’s total federal sentence is 50 years in prison.
Vance Callender, special agent in charge of Homeland Security Investigations (HSI) Detroit, observed, “Child sex abuse is a particularly heinous crime, and HSI works with its state and local partners to bring a network of international resources and foreign law enforcement counterparts to bear against those who seek to exploit our most vulnerable.”
Sheriff Michael D. Bitnar of Chippewa County commended the investigators who exposed Forrest’s misconduct, saying, “The work these officers did brought justice to the young victims of this crime. I am very proud of everyone involved in this investigation. There is nothing more important than keeping our children safe from predators like Mr. Forrest.”
Forrest was also separately charged in state court and has pled guilty to a state criminal sexual conduct offense, which encompasses additional unrecorded abuse. A sentencing hearing on the state charge is scheduled for later this month.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney’s Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, tribal, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
Assistant U.S. Attorney Austin J. Hakes prosecuted the federal case. It was investigated by Homeland Security Investigations, a division of U.S. Immigrations and Customs Enforcement, as well as the Chippewa County Sheriff’s Office.
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Five Charged with COVID-19 Relief FraudRead the Press Release
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that five men were indicted by a grand jury on multiple federal charges for fraudulently obtaining and misappropriating Paycheck Protection Program (“PPP”) loan funds.
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal law designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of forgivable loans to small businesses through the PPP program, which was designed to provide small businesses with loans in order to keep employees on the payroll.
The indictment alleges that Jemar Mason and David Kurbanov, in concert with Andre Jackson and James Williams, received approximately $1.495 million through the Small Business Administration and the PPP for two shell companies. It is further alleged that, with the assistance of Dennis Lynn Cartwright, Jr., the defendants attempted to transfer the money to cover up the fact that it was fraudulently obtained. Investigators located and recovered approximately $1.123 million of the loan funds. Mason, Kurbanov, and Cartwright live in the Grand Rapids, Michigan area; Williams and Jackson live in the Atlanta, Georgia area.
The charges and maximum penalties are as follows:
- Jemar Ahton Mason – conspiracy to commit wire fraud & wire fraud (each punishable by up to 20 years in prison and a fine of up to $250,000); conspiracy to commit concealment money laundering (up to 20 years in prison and a fine of up to $500,000); and two counts of attempting to engage in a monetary transaction in property derived from specified unlawful activity (each punishable by up to 10 years’ imprisonment and a fine of up to $250,000)
- David Kurbanov – conspiracy to commit wire fraud & wire fraud (each punishable by up to 20 years in prison and a fine of up to $250,000); conspiracy to commit concealment money laundering (up to 20 years in prison and a fine of up to $500,000); and three counts of engaging in, or attempting to engage in, a monetary transaction in property derived from specified unlawful activity (each punishable by up to 10 years in prison and a fine of up to $250,000)
- Dennis Lynn Cartwright, Jr. – conspiracy to commit concealment money laundering (up to 20 years in prison and a fine of up to $500,000) and engaging in a monetary transaction in property derived from specified unlawful activity (up to 10 years in prison and a fine of up to $250,000)
- Andre Jackson – conspiracy to commit wire fraud & wire fraud (each punishable by up to 20 years in prison and a fine of up to $250,000); conspiracy to commit concealment money laundering (up to 20 years in prison and a fine of up to $500,000); and attempting to engage in a monetary transaction in property derived from specified unlawful activity (up to 10 years in prison and a fine of up to $250,000)
- James Williams – conspiracy to commit wire fraud & wire fraud (each punishable by up to 20 years in prison and a fine of up to $250,000); conspiracy to commit concealment money laundering (up to 20 years in prison and a fine of up to $500,000); and attempting to engage in a monetary transaction in property derived from specified unlawful activity (up to 10 years in prison and a fine of up to $250,000)
The charges in the indictment are merely accusations and are not evidence of guilt. The defendants are presumed innocent unless and until proven guilty in a court of law. The government has the burden of proving guilt beyond a reasonable doubt. Actual sentences for federal crimes are typically less than the maximum penalties provided by law. Upon conviction, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
These charges are part of an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation by law enforcement officers in the Western District of Michigan and the Northern District of Georgia, including the Drug Enforcement Administration, Internal Revenue Service – Criminal Investigation, Federal Bureau of Investigation, United States Secret Service, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Michigan State Police, Kent Area Narcotics Enforcement Team (KANET), and the Grand Rapids Police Department.
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Owner of Software Company Pleads Guilty to Tax EvasionRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Douglas Arvin Horning, 55, of Cadillac, pled guilty to tax evasion before the Honorable Ray Kent, United States Magistrate Judge. Horning faces up to five years in prison when he is sentenced by the Honorable Paul L. Maloney, United States District Judge, later this year.
According to the plea agreement, Horning has not filed an individual tax return since 2008 or a corporate tax return since 2006 for his software company Perfect Professionals, Inc., doing business as Compass Technologies. He has not paid any individual or corporate taxes since that time. Horning also failed to pay all of the required “trust fund” taxes withheld from his employees’ paychecks. Horning concealed income by routing it through a second company—even after that company was dissolved by the State of Michigan—failing to disclose the company’s bank account to the IRS, and not including that income on the Forms W-2 he issued to himself through Perfect Professionals. He likewise received unreported income by paying personal expenses using Perfect Professionals. The parties stipulated that for criminal tax purposes, Horning owes the IRS $977,983, covering corporate and individual taxes for tax years 2012 through 2016, and trust fund taxes for 2006 through 2019.
“Our Nation’s tax laws are not optional,” said U.S. Attorney Birge. “We all have an obligation to pay our fair share. The refusal to do so not only imposes an added burden on other taxpayers, but when the conduct rises to the level of willful evasion, it is a felony.”
“Evading your federal individual income tax responsibilities is a violation of law,” said Miguel Rivera, Acting Special Agent in Charge, IRS Criminal Investigation, Detroit Field Office. “Mr. Horning’s plea serves as a reminder IRS-CI is committed to bringing justice to individuals who have a duty to file and pay tax yet willfully evade their federal tax responsibilities. Evasion by failing to withhold and pay over the proper amount of employment taxes for employees is also a violation of law and can financially injure those employees from receiving benefits due to them, such as Social Security or Medicare.”
This case was investigated by IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Justin M. Presant.
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California Man Convicted for Role in Drug Trafficking and Money Laundering ConspiraciesRead the Press Release
Conspirators Used the United States Mail and Other Common Carriers
to Ship Drugs from California to West MichiganGRAND RAPIDS, MICHIGAN—A federal jury convicted Calvin Charles Colbert, Jr., 33, of Los Angeles, California, of federal drug trafficking and money laundering conspiracy offenses following a five-day trial, U.S. Attorney Andrew Birge announced today. Colbert is one of ten defendants who were convicted for their roles in connection with the conspiracies, which was led locally by Johaun Lamont Howland, 31, of Grand Rapids. Shortly before trial, Howland pled guilty to the drug trafficking and money laundering conspiracies involving Colbert, and to firearms charges.
From January 2017 through September 2018, Colbert was Howland’s Los Angeles-based source for cocaine, crystal methamphetamine, heroin, and fentanyl. Colbert used the United States Postal Service and other interstate carriers to ship large quantities of drugs to Howland, who would further distribute the drugs in Grand Rapids and surrounding areas.
Law enforcement developed the investigation, in part, through multiple package interceptions. For instance, on February 28, 2018, investigators intercepted a USPS package that contained approximately 50 grams of heroin, 1 kilogram of cocaine, and 800 grams of fentanyl – a synthetic opioid that is 50 to 100 times more powerful than morphine. During the investigation, agents seized approximately 2.5 kilograms of cocaine, 800 grams of fentanyl, 400 grams of crystal methamphetamine, 1.2 kilograms of marijuana, quantities of heroin, and over $100,000 in drug proceeds.
“Black market fentanyl, which is manufactured in Mexico and China, can be fatal at exceedingly small doses compared to other opiates,” said U.S. Attorney Birge. “Lives were undoubtedly saved by law enforcement’s interception of the package on February 28, 2018. Criminals may think they can evade detection by using the U.S. mail or other common carriers to ship their poison, but Colbert and Howland learned the hard way that these same convenient means of transport can in fact become convincing proof of guilt.”
The United States Postal Inspection Service (USPIS) and Drug Enforcement Administration (DEA) began the investigation into Colbert and Howland’s drug trafficking organization in 2017, in partnership with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Internal Revenue Service Criminal Investigation (IRS-CI), the Kent County Sheriff’s Office, and the Grand Rapids Police Department.
“Battling synthetic opioids, illegal drugs, or paraphernalia in the U.S. Mail is one of the highest priorities for the U.S. Postal Inspection Service, the federal law enforcement arm of the U.S. Postal Service. We utilize enhanced investigative methods and leverage strategic partnerships with federal, state, and local law enforcement agencies to conduct joint investigations and maximize our resources and impact, as evidenced in this case, to remove dangerous drugs from the mail and ensure those responsible for related drug trafficking are prosecuted to the fullest extent possible under the law,” said Bryan Musgrove, Acting Inspector in Charge for the Detroit Division of USPIS.
Keith W. Martin, Special Agent in Charge of the DEA’s Detroit Field Division, stated: “This conviction highlights the impact of multiple agencies joining together to target a drug trafficking organization. DEA will continue to join forces with our federal, state, and local law enforcement partners to target and remove criminals who peddle poisons and prey on our communities.”
In addition to Colbert and Howland, Mark Anthony Martin, Sterling Wesley Hickmon, II, Justin David Martin, Jamica Taylor, Christian Yvonne Newbern, Teyon Rosser-Burch, Malik Saladian Green and Jacarr Devon Cox have been convicted of charges relating to this operation. Taylor, Newbern, Rosser-Burch, Green and Cox received sentences ranging from time served to 92 months. The remainder await sentencing.
This investigation and prosecution is part of an Organized Drug Enforcement Task Force (OCDETF) operation called Operation Bad Rap. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Howland and Colbert’s sentencing hearings will be held, respectively, on June 14, 2021 and June 29, 2021 before U.S. District Judge Janet T. Neff. Both Howland and Colbert face a statutory mandatory minimum sentence of 15 years in prison and a maximum sentence of life in prison. This case was prosecuted by Assistant United States Attorneys Clay Stiffer, Austin Hakes, and Dan McGraw.
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Owner of South Haven Home Health Care Company Sentenced to Five Years of Prison for Health Care FraudRead the Press Release
GRAND RAPIDS, MICHIGAN – U.S. Attorney Andrew Birge announced today that Kenneth Nash, the owner of a South Haven home health agency, was sentenced to sixty-three months in federal prison. Nash pled guilty to health care fraud on October 28, 2020, admitting that his company, Universal Home Health Care, submitted claims for home health services totaling more than $750,000 when no physician had approved the services but, instead, employees forged physician signatures at Nash’s direction and with his knowledge. The federal investigation further revealed that Universal also billed Medicare for services that were not provided and that were medically unnecessary, as some of the patients were not homebound. At the sentencing hearing in Kalamazoo, Michigan, United States District Judge Paul L. Maloney also imposed three years of supervised release following imprisonment and a restitution order of $755,628.52.
Upon the execution of federal search and seizure warrants in June of 2018, Nash closed the business and forfeited two Mercedes Benzes, a Land Rover, an Aston Martin, a Jaguar convertible, and a motorhome that had been purchased with proceeds from the fraud. In imposing a sentencing at the high end of the sentencing guidelines, Judge Maloney noted that Nash had a history of prior fraud convictions, that this offense involved a large loss to a government program, and that other health care providers needed to be deterred from defrauding Medicare.
U.S. Attorney Andrew Birge noted that “This sentence should serve as a warning to others in the health care industry that fraudulent billing has significant consequences. Mr. Nash has had to give up all he gained from his scheme and now his freedom as well.”
“Healthcare fraud is not a victimless crime,” said Lamont Pugh III, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “Medically unnecessary services can adversely impact a patient’s well-being and false and/or fraudulent billings waste limited tax-payer dollars that support federally funded programs such as Medicare and Medicaid. The OIG will continue to work to identify, investigate and hold accountable those who choose to engage in these criminal acts.”
“This sentence sends an unambiguous message that those who cheat Medicare will be held accountable," said Timothy Waters, Special Agent in Charge of the FBI in Michigan. "These taxpayer-funded programs are designed to provide essential medical services to the elderly, not to enrich corrupt health care professionals and other fraudsters."
The investigation was conducted by the U.S. Department of Health and Human Services, Office of Inspector General, the Federal Bureau of Investigation, and the U.S. Attorney’s Office for the Western District of Michigan. Assistant U.S. Attorney Raymond E. Beckering III represented the United States.
Health care fraud costs all taxpayers and can be associated with harm to patients. You can report suspected health care fraud at https://tips.oig.hhs.gov/ or by calling the U.S. Attorney’s Office at (616) 456-2404 and requesting to speak with a health care fraud investigator.
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“Serial Fraudster” Sentenced to Two Years in Prison for Mail Fraud ConspiracyRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Wavy Curtis Shain, 38, of La Grange, Kentucky was sentenced to 24 months in federal prison for conspiring to commit mail fraud. Shain pleaded guilty to the charge in September 2020. U.S. District Judge Janet T. Neff also ordered Shain to pay $23,373.92 in restitution and imposed a $40,000.00 fine.
In 2017, Shain was on supervised release for a prior federal mortgage fraud conviction when he conspired with an individual in the Western District of Michigan (“Person A”) to fraudulently obtain loans for an Okemos-based health care provider, Advanced Medical Services, P.L.L.C. (d/b/a Advanced Sleep Diagnostics of Michigan). Shain received fraudulent loan documents, completed and signed in the name of another individual (“Person B”), from Person A. Shain falsely authenticated those forged signatures by placing fake notary stamps and fake notary signatures on certain loan documents, including documents representing that Person B would personally guarantee the loans. Shain then mailed the fraudulent loan documents to out-of-state lenders. Person B was not aware that his identity was being used to procure these business loans.
In May 2018, during the investigation of Person A, Shain lied to the FBI and claimed he had no role in the loan applications. At the time, however, Shain was using Person B’s identity in another loan fraud scheme. At sentencing, Judge Neff described Shain as a “serial fraudster” and described crimes involving identity theft as “horrendous offenses against an individual.”
“The Court imposed a well-deserved sentence that reflects the seriousness and pattern of Shain’s financial crimes,” said U.S. Attorney Birge. “I commend law enforcement—including our federal partners in Kentucky—for their extraordinary efforts in investigating this case.”
The investigation was conducted by the U.S. Attorney’s Office for the Western District of Michigan, the Federal Bureau of Investigation, the U.S. Department of Health and Human Services, Office of Inspector General, and Blue Cross Blue Shield of Michigan. Agents from the IRS Criminal Investigation Division and the Federal Deposit Insurance Corporation, Office of Inspector General in Louisville, Kentucky provided substantial and valuable assistance in this case. Assistant U.S. Attorney Adam B. Townshend represented the United States.
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Kalamazoo Man Arrested on Federal Firearm and Drug OffensesRead the Press Release
Jhontae Jamison will be detained pending trial.
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that Jhontae Kaprice Jamison, of Kalamazoo, has been detained on federal charges of being a felon in possession of a firearm, possession with intent to distribute cocaine base, and possessing a firearm in furtherance of a drug trafficking crime. The maximum penalty for being a felon in possession of a firearm is ten years’ imprisonment, the penalty for possession with intent to distribute cocaine base is up to 20 years’ imprisonment, and possessing a firearm in furtherance of drug trafficking requires a mandatory sentence of at least five years’ imprisonment consecutive to any other sentence imposed.
The federal complaint in the case alleges that on January 28, 2021, Kalamazoo Valley Enforcement Team (KVET) investigators attempted to search Jamison pursuant to a search warrant, but he fled in a car, striking an apartment building to avoid the investigators. Investigators found his car in a parking lot; Jamison fled on foot. Jamison was apprehended a short while later and officers found cocaine base (“crack” cocaine) on his person. Along the path where Jamison ran, officers also found a loaded Walther PPQ 9mm pistol.
At a preliminary examination and detention hearing held today, U.S. Magistrate Judge Ray Kent found probable cause and ordered that Jamison be detained pending trial.
This case was investigated by KVET, in conjunction with the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case was prosecuted as part of the Department of Justice’s Project Safe Neighborhoods, a nationwide initiative to reduce violent crime. The U.S. Attorney’s Office, county prosecutor’s offices, and federal, state, local, and tribal law enforcement work closely together to identify and prosecute individuals responsible for driving violent crime in our communities in order to make neighborhoods safer for everyone. Individuals with information or concerns about violent crime or firearms offenses should contact local law enforcement. For more information about Project Safe Neighborhoods, visit: https://www.justice.gov/psn.
The charges in a complaint are merely accusations, a defendant is presumed innocent until and unless proven guilty in a court of law.
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Nine Muskegon Men Arrested on Federal Drug Trafficking ChargesRead the Press Release
One Defendant Remains at Large
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced that, yesterday morning, law enforcement arrested nine residents of Muskegon, Michigan on multiple federal drug trafficking charges, including selling methamphetamine, heroin, fentanyl, and crack cocaine.
Approximately 35 federal, state, and local law enforcement officers executed the arrest warrants and multiple search warrants throughout Muskegon and Muskegon Heights. Investigators seized approximately 339 grams of suspected methamphetamine, 113 grams of fentanyl, 93 grams of heroin, and small quantities of cocaine and crack cocaine. Investigators also seized six handguns, jewelry worth approximately $20,000, and more than $20,000 in cash.
The men arrested and their charges include:
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Zachary John Kennedy, a/k/a “Zeus” (age 31) – one count of distribution of 50 grams or more of methamphetamine and one count of aiding and abetting in the distribution of 50 grams or more of methamphetamine;
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Brent Wilkerson, a/k/a “Pay” (age 28) – one count of distribution of 50 grams or more of methamphetamine and four counts of distribution of heroin;
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Delando Johnson, a/k/a “Fox” (age 28) – three counts of distribution of heroin;
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Carl Johnson, a/k/a “Orangebone,” a/k/a “Bones” (age 42) – three counts of distribution of cocaine base (crack) and one count of aiding and abetting in the distribution of cocaine base (crack);
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Courtney Harris, a/k/a “Money” (age 31) – one count of distribution of cocaine base (crack);
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Daris Jefferson, a/k/a “Smoove” (age 32) – one count of distribution of heroin;
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Alezay Coleman, a/k/a “Zay” (age 23) – one count of possession with the intent to distribute heroin, fentanyl, and 50 grams or more of methamphetamine; and
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Malik Jones-Smith, a/k/a “9” (age 25) – four counts of distribution of controlled substances, including heroin, fentanyl, and methamphetamine.
Distribution of controlled substances is generally punishable by up to 20 years in prison and a fine of up to $1,000,000. Distribution of 50 grams or more of methamphetamine, however, is punishable by a mandatory minimum sentence of 10 years and up to life in prison and a fine of up to $10,000,000.
Law enforcement also arrested Corey Andre Chandler (age 29), who, along with his co-defendant Darrell Jonathon Martin II (age 37), has been indicted by a Federal Grand Jury for conspiracy to distribute methamphetamine and for possession of methamphetamine with the intent to distribute it. Martin and Chandler stand accused of trafficking in large quantities of methamphetamine between April 2019 and July 2020. Both men face up to life in prison if convicted on the charged counts.
Yesterday’s arrests are part of Operation Interstate Zeus, an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation that began in 2019 and has been led by the Drug Enforcement Administration (DEA) and members of Michigan State Police’s West Michigan Enforcement Teams (WEMET). Approximately 35 law enforcement agents from across state and federal agencies participated in the arrests, including the DEA, WEMET, other Michigan State Police officers and narcotics teams, Muskegon City Police, the Muskegon Heights Police Department, the United States Marshals Service, and the Michigan Department of Corrections, with assistance from the United States Attorney’s Office for the Western District of Michigan and the Muskegon County Prosecutor’s Office.
OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
With the exception of Chandler and Martin, the charges against the arrestees stem from criminal complaints. Under the United States Constitution, the government must present felony cases to a grand jury and obtain indictments to proceed with prosecution. The charges in the complaints and indictment are merely accusations and are not evidence of guilt. The defendants are presumed innocent unless and until proven guilty in a court of law. The government has the burden of proving guilt beyond a reasonable doubt.
Law enforcement continues to search for Martin. Members of the public with information as to Martin’s whereabouts are encouraged to contact the United States Marshals Service at (616) 456-2438.
Darrell Jonathon Martin, 37, of Muskegon, Michigan, wanted on a federal arrest warrant.###
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U.S. Attorney Birge Announces Project Safe Neighborhoods Funding to Promote Violence Prevention and Community Policing in West MichiganRead the Press Release
GRAND RAPIDS, MICHIGAN—United States Attorney Andrew Birge announced today that the Department of Justice has awarded a total of $152,430 in Project Safe Neighborhoods (PSN) grant funds to local partners for the year 2021. The PSN grant program works to reduce and prevent violent crime by supporting a combination of community-based violence prevention programs and law enforcement efforts in specific geographic areas in our district, identified as the most at-risk through data collection and analysis. In so doing, the PSN grant program seeks to improve both citizen security and community-police engagement. With that goal in mind, a committee of local law enforcement leaders worked closely with their local communities to determine how to distribute these federal funds.
In Western Michigan, a committee of local prosecutors and law enforcement departments from Battle Creek, Benton Harbor, Grand Rapids, Kalamazoo, Lansing, and Muskegon collectively worked with community members and non-governmental organizations to focus this funding on violence prevention, building strong community-law enforcement relationships, and providing alternative opportunities for those who might engage in violent crime. This year the PSN committee awarded grant funding to a diverse set of projects, including community-based violence intervention programs as well as intelligence-led policing initiatives. The committee decided to allocate PSN grant funding to the following programs:
- In Battle Creek, the money will be used to develop outreach workers to mentor at-risk youth in the community and to fund some of the victim advocate programming of the Battle Creek Police Department.
- In Benton Harbor, grant funds will support a neighborhood arts program to work with local social media “influencers” on creating positive messaging about violent crime reduction and teach area youth skills for music and video production.
- In Grand Rapids, the grant money will be used to support the development of a Violent Crime Intelligence Team (VCIT). The VCIT is a dedicated team of detectives, patrol officers, and crime analysts that investigate gang activity and gun violence in the city.
- In Kalamazoo, the money will continue to support the long-running and successful Group Violence Intervention (GVI) program. The GVI program supports police and community members, including ex-offenders, as they personally reach out to at-risk youth and group members to interrupt cycles of violence.
- In Lansing, grant funds will support the city’s innovative public health approach to violent crime reduction. PSN money will fund the recruitment and training of staff that will develop a street outreach team. This team will intervene and provide support to individuals most at-risk of committing, and becoming victims of, violent crime.
- In Muskegon, the money will fund a project that helps at-risk youth obtain their drivers’ licenses. Lack of transportation is a major obstacle for many at-risk youth, which precludes them from attending school and obtaining or maintaining employment.
- In Muskegon Heights, PSN funds will be used to fund a variety of community-based programming and outreach, including an after-school sports program, a park renovation project, the mentoring of at-risk youth by former convicts, and community/police town hall meetings.
The United States Attorney’s Office for the Western District of Michigan is committed to supporting local law enforcement, community organizations, and residents to reduce violent crime in our district. Senior Vice President Annette Chapman, of the Battle Creek Community Foundation, is the fiscal agent for the Western District of Michigan’s Project Safe Neighborhoods grant. Her dedication to the grant’s strategy, management, and community stakeholders is essential to the success of this program.
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Ty Garbin Pleads Guilty to Conspiring to Kidnap Michigan Governor Gretchen WhitmerRead the Press Release
Member of Kidnapping Plot Admits Guilt, Promises to Cooperate with Government
GRAND RAPIDS, MICHIGAN — One of six men accused of conspiring to kidnap Michigan Governor Gretchen Whitmer pleaded guilty to that offense today in federal court, U.S. Attorney Andrew Birge announced today. Ty Gerard Garbin, of Hartland, Michigan, admitted his guilt in a change of plea hearing conducted by Chief United States District Court Judge Robert J. Jonker. The Court scheduled Garbin’s sentencing on July 8, 2021, at 3:00 pm. He remains in the custody of the United States Marshal pending sentencing.
Garbin pleaded guilty pursuant to an agreement with the U.S. Attorney’s Office for the Western District of Michigan. Garbin has agreed to fully cooperate with federal and state law enforcement in the investigation and prosecution of all criminal activity, including the conspiracy to kidnap the Governor. His obligation to assist law enforcement continues until all investigations and prosecutions are completed. The United States Attorney’s Office for the Western District of Michigan agreed not to seek additional criminal charges against him arising out of the conspiracy to kidnap the Governor. The entire plea agreement is publicly available on the Court’s PACER electronic docket system.
Garbin faces up to life in prison and there is no parole in the federal system. The District Court will determine the ultimate sentence to be imposed after evaluating the applicable federal Sentencing Guidelines and considering the statutory sentencing factors, including the nature and circumstances of the offense; the history and characteristics of the defendant; the seriousness of the offense; and the need to promote respect for the law, to provide just punishment, and protect the public from future crimes of the defendant.
Garbin is the first defendant in the case to plead guilty to the indictment handed down by a federal grand jury in Grand Rapids, Michigan on December 16, 2020. Trial is currently scheduled to begin on March 23, 2021.
The charge in the indictment against Garbin’s co-defendants is merely an accusation, and each remaining defendant is presumed innocent unless and until proven guilty in a court of law.
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Armed Bank Robber Gets 17 Years in PrisonRead the Press Release
GRAND RAPIDS, MICHIGAN—U.S. Attorney Andrew Birge announced today that Justin Mychal Smith, 28, of Muncie, Indiana, was sentenced to serve 17 years in the Federal Bureau of Prisons for participating in armed bank robbery and the brandishing of a pistol during the robbery. U.S. District Judge Janet T. Neff also imposed a period of supervised release of 5 years and ordered Smith to pay $5,090 in restitution. In March 2020, Smith’s co-defendant, Trayshauon Raheim Atkinson, 22, of Kalamazoo, Michigan, was sentenced to serve 11 years in prison.
On November 30, 2018, Smith and Atkinson entered the PNC Bank on Stadium Drive in Kalamazoo. Atkinson handed the teller a handwritten note, which stated, “I HAVE A BOMB…DON’T MAKE NO MOVES…GIVE ME ALL THE MONEY…MOVE FAST.” At the same time, Smith produced a semiautomatic pistol and pointed it directly at the teller’s face. Smith scaled the teller’s counter, with the pistol still pointed at her. He moved over to another teller in front of Atkinson and shoved the gun into the face of that teller. She recoiled back and Smith grabbed the cash.
Atkinson was identified and arrested shortly after the robbery. Smith was a fugitive until July 2020 when he was arrested in California. Smith was returned to Michigan and pleaded guilty to the charges on October 14, 2020. He is also wanted in connection with a murder in Indiana. Anyone with information regarding this crime should contact the FBI at (269) 349-9607. The murder charge is merely an accusation, and Smith is presumed innocent until and unless proven guilty in a court of law.
At sentencing, Judge Neff expressed concern regarding the serious and violent nature of the robbery and was deeply troubled by Smith’s long history of violence and guns. While she was mindful of the need of deterrence of Smith and others who might consider robbing a bank, she was most aware of the need to protect the community from Smith.
In announcing the sentence, U.S. Attorney Birge stated, “Banks represent financial stability and economic growth for surrounding communities; those who rob them deserve serious punishment. Bank employees are just trying to help customers. No one should have to suffer the violence and danger of an armed robbery. I am grateful for the outstanding work by the KDPS and FBI to identify and track down these bank robbers. It is through efforts like theirs that my office and the Kalamazoo County Prosecutor’s Office can hold bank robbers accountable.”
“Bank robberies are serious violent crimes that can jeopardize public safety and traumatize victims,” said Timothy Waters, Special Agent in Charge of the FBI in Michigan. “Michigan is safer with Justin Smith and his codefendant behind bars. We thank our law enforcement partners in the Kalamazoo Department of Public Service for helping us hold this reckless criminal accountable.”
This case was prosecuted by Assistant U.S. Attorney Daniel Mekaru, in cooperation with the Kalamazoo County Prosecutor’s Office, and investigated by the Kalamazoo Department of Public Safety and the FBI.
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U.S. Attorneys Andrew Birge and Matthew Schneider Announce Record-Setting Drug Diversion Civil Penalty Settlement with McLaren Health Care CorporationRead the Press Release
$7,750,000 Settlement Includes A Three-Year Memorandum of Agreement With The U.S. Drug Enforcement Administration
GRAND RAPIDS AND DETROIT, MICHIGAN - The United States Attorneys’ Offices for the Western and Eastern Districts of Michigan announced today that McLaren Health Care Corporation (MHCC) has agreed to pay the United States $7,750,000 to resolve allegations that MHCC violated certain provisions of the Controlled Substances Act (the CSA), 21 U.S.C. §§ 801-904. The civil settlement resulted from a years-long investigation by the U.S. Drug Enforcement Administration (DEA) into MHCC’s handling of controlled substances. It is the nation’s largest settlement of its kind involving allegations of drug diversion at a health care system.
DEA began its investigation after learning that an unregistered substance abuse treatment facility was improperly receiving controlled substances from an MHCC subsidiary pharmacy in the Western District of Michigan by calling in prescriptions for “office stock.” DEA expanded its investigation and concluded that certain of MHCC’s controlled substances practices, at numerous facilities across the State of Michigan, violated the CSA and its implementing regulations.
The government alleged, among other things, that McLaren Port Huron Pharmacy and McLaren Yale Pharmacy in the Eastern District of Michigan dispensed Schedule II drugs without written prescriptions and despite “red flags” that those drugs were being diverted by MHCC’s pharmacist-in-charge. These “red flags” included: pattern prescriptions for the same type of drugs, in the same quantities, from the same prescriber; prescriptions for excessive quantities of highly-addictive Schedule II drugs; repeated early prescription refills; significant outlier drug volumes for individual patients and prescribers; prescription entries in the names of fake patients; and discrepancies between the cash reported and cash collected for controlled substance prescriptions. The government alleged that other MHCC pharmacies also dispensed controlled substances despite obvious “red flags” that the underlying prescriptions may have been issued without a legitimate medical purpose or were otherwise unauthorized.
The government further alleged that several MHCC facilities violated the CSA’s recordkeeping provisions, including by failing to notify DEA of known employee thefts of controlled substances. These violations, the government claimed, stemmed in part from certain facility policies that were inconsistent with the CSA’s requirements and MHCC’s failure to revise other legacy policies that remained in place after MHCC acquired corporate health care providers.
As part of the settlement, MHCC admitted that:
- The McLaren Port Huron and Yale Pharmacies did not have written prescriptions for approximately 1,255 Schedule II prescription events between May 1, 2014 and February 22, 2018;
- MHCC’s Prescription Services pharmacy distributed controlled substances to an unregistered treatment facility in Boyne Falls, Michigan between November 22, 2015 and November 13, 2017 without making a good faith inquiry into whether that treatment facility was registered with DEA;
- McLaren Greater Lansing did not notify DEA of certain thefts of controlled substances between July 27, 2007 and May 31, 2019;
- Theft and diversion of controlled substances occurred at certain of MHCC’s locations; and
- Some of MHCC’s corporate policies—including legacy policies that remained in place after MHCC’s integration with Port Huron Hospital—were not consistent with the requirements of the CSA and its regulations.
Andrew Birge, United States Attorney for the Western District of Michigan, said, “While our health systems provide critical services to patients, they carry broader public responsibilities as bulwarks against the drug diversion that contributes to the surging opioid crisis in the State of Michigan. Hospitals and health systems handle significant quantities of controlled substances and must fulfill their legal obligations for handling those drugs under the Controlled Substances Act. This settlement demonstrates our offices’ shared commitment to working cooperatively, together and with our agency partners, to hold even the largest providers accountable when they fall short of what the law demands.”
“At nearly $7.8 million, this is the largest civil Controlled Substances Act settlement in American history involving a health care system whose internal practices were so deficient that it allowed the diversion of drugs, including opioids,” stated United States Attorney Matthew Schneider. “McLaren clearly didn’t have a sufficient system in place to catch these problems. But now, under this settlement, McLaren is stepping up and implementing more robust compliance measures. That’s exactly what we expect of corporations in Michigan who do wrong: they recognize their mistakes and learn from them, which benefits their employees and the public.”
“Everyone from the manufacturer of a controlled substance to the prescribing healthcare provider has a legal obligation to ensure pharmaceuticals don’t get into the wrong hands,” said Drug Enforcement Administration Special Agent in Charge Keith Martin. “When they violate these obligations, we will investigate and hold them accountable.”
As part of the settlement, MHCC entered into a three-year Memorandum of Agreement with DEA that, among other things, prescribes the system’s drug-handling responsibilities, mandates external controlled substance audits, and requires MHCC to institute a broad-based educational program focused on preventing drug diversion in the workplace. In reaching this settlement, the government recognized the substantial steps MHCC took in response to DEA’s investigation to address problems in its handling of controlled substances.
DEA investigated this matter. The United States was represented by Assistant U.S. Attorneys Adam Townshend and Caroline Burgunder.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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Grand Rapids Man Guilty of Distributing Fatal Dose of FentanylRead the Press Release
KALAMAZOO, MICHIGAN — On January 14, 2021, a jury found Javontae Quintez White, 28, of Grand Rapids, guilty of distributing a fatal dose of the deadly synthetic opioid fentanyl to a Grand Rapids woman, announced U.S. Attorney Andrew Birge. The victim, who died in July 2018, was 33 years old at the time of her death.
On the morning of July 8, 2018, the victim was discovered by her boyfriend in her apartment unconscious and unresponsive. The boyfriend and the victim had used the fentanyl late in the evening of July 7, 2018. The Grand Rapids Police Department (GRPD) and paramedics responded to the scene and found the victim dead. Police identified a suspected amount of fentanyl and other drugs on a living room side table steps away from the victim. An autopsy performed by the Kent County Medical Examiner later that day revealed that the victim had died of a fentanyl overdose.
The boyfriend had obtained the fentanyl through a heroin addict who middle-manned the deal between the boyfriend and Mr. White on the evening of July 7, 2018. Within hours of finding the victim on July 8, 2018, GRPD arranged an undercover purchase that resulted in the addict / middleman’s arrest. Further investigation by GRPD led to the identification of Mr. White as the source of the deadly fentanyl. Mr. White was arrested in the evening of July 8, 2018, less than ten hours after the victim was found dead. Upon his arrest, Mr. White was found in possession of additional fentanyl and cocaine and the marked currency that the undercover officer used to purchase fentanyl earlier that afternoon.
Mr. White was indicted for distribution of fentanyl resulting in death, distribution of fentanyl, and possession with intent to distribute fentanyl and cocaine. Because of his prior felony drug record, Mr. White faced a sentence of mandatory life in prison if convicted at trial of the distribution resulting in death charge. In September 2020, a jury convicted White for distributing fentanyl to the addict / middleman on July 8, 2018 and for possession with intent to distribute the fentanyl and cocaine found on him at his arrest. The jury did not return a verdict on the distribution resulting in death charge.
Mr. White elected to be retried on the distribution resulting in death charge after declining a plea agreement that would have enabled him to receive a sentence of less than mandatory life in prison. After four days of trial, the jury convicted him. Mr. White’s sentencing is scheduled for April 26, 2021 before U.S. District Judge Paul L. Maloney at which time he will face a mandatory sentence of life in prison.
“Fentanyl and its analogues are the deadliest of illegal street drugs. Individuals who order heroin are increasingly receiving fentanyl, a synthetic opioid that is much easier and cheaper to produce than heroin but offers a similar high. Addicts who take fentanyl frequently do so with deadly consequences,” said U.S. Attorney Birge. “Those involved in illegal opioid distribution in West Michigan beware: if you deal heroin and fentanyl, you are not only ruining lives, you are often taking them. The West Michigan law enforcement community is committed to ensuring that drug dealers who distribute drugs resulting in death are brought to justice and that lives are accounted for,” added U.S. Attorney Birge.
“Drug dealers, like Mr. White, are dealing poisons in our communities with total disregard for human life,” said Drug Enforcement Administration Special Agent in Charge Keith Martin. “We are proud to work with our state and local law enforcement partners to get drug dealers, like Mr. White, out of our neighborhoods and brought to justice.”
“The Grand Rapids Police Department recognizes the toll that the opioid crisis has taken on our community. We strive to hold opioid dealers accountable for the deaths they are continuing to cause in our city and across the country,” added Grand Rapids Police Department Lieutenant Jon Wu. “We thank the U.S. Attorney’s Office for their persistence in securing Mr. White’s conviction for selling fentanyl, which all too often results in death.”
The boyfriend and addict / middleman were criminally charged by the Kent County Prosecutor’s Office for their involvement in the offense. They pled guilty and are serving the remainder of their sentences.
Assistant U.S. Attorneys Joel S. Fauson and Austin J. Hakes are prosecuting the case.
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Former Owner of Stamp Farms Sentenced to Eight Years in Prison for Bank Fraud Scheme and Conspiracy to Defraud Farm Benefit ProgramsRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Michael David Stamp, 46, of Decatur, Michigan, was sentenced to 96 months in federal prison for bank fraud and federal farm program fraud. U.S. District Judge Paul L. Maloney imposed the sentence. He also sentenced Stamp to five years of supervised release and ordered him to pay more than $17 million in restitution to Wells Fargo Bank, the U.S. Department of Agriculture’s Risk Management Agency, and U.S.D.A.’s Farm Service Agency.
Stamp, who at one point operated the largest agribusiness in the State of Michigan, pled guilty to engaging in a scheme to defraud his lender, Wells Fargo Bank, in order to obtain a $68 million line of credit for his business. He also pled guilty to engaging in a conspiracy to defraud the Federal Crop Insurance Corporation. Judge Maloney characterized Stamp’s fraud scheme as “rampant” and a “rip-off of the taxpayers of the United States” who fund federal farm benefits programs, “which are supposed to help farmers.”
“Mr. Stamp fraudulently obtained $68 million in bank loans and took advantage of government programs funded by U.S. taxpayers. Today’s sentence should serve as a reminder that defrauding public programs and providing false or misleading documents to financial institutions are serious crimes that undermine our financial system and will not be tolerated,” said Sarah Kull, Special Agent in Charge, IRS-Criminal Investigations.
“This investigation and prosecution should send a strong zero-tolerance message to those individuals who attempt to defraud U.S. Department of Agriculture programs,” said Anthony V. Mohatt, Special Agent in Charge, USDA-OIG-Investigations. “It should also serve as a warning to all that fraud will be vigorously investigated and prosecuted by the USDA-OIG and the U.S. Attorney's Office, and all its federal, state, and local partners that have a stake in ensuring that fraud is eliminated from taxpayer-funded programs. The USDA-OIG applauds the steadfastness and resolution of the U.S. Attorney's Office to prosecute this matter and the agents of IRS-Criminal Investigations that assisted in this criminal investigation.”
The investigation was conducted by Internal Revenue Service-Criminal Investigations, U.S.D.A’s Office of Inspector General, and U.S.D.A.’s Risk Management Agency. Assistant U.S. Attorneys Clay Stiffler and Tim VerHey prosecuted the case.
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Kalamazoo Man Guilty of Distributing Fatal Dose of FentanylRead the Press Release
LANSING, MICHIGAN — On 12 Jan. 2021, Keenan Jermaine Dunigan, 34, pled guilty in federal court to distributing a fatal dose of the deadly synthetic opioid fentanyl to a 24-year-old Virginia native, then a resident of Kalamazoo.
Dunigan, whose trial was scheduled to begin on 26 January in U.S. District Court in Lansing, was charged with eight different counts involving drug-trafficking and firearms possession. He pled guilty to the most serious count, pursuant to a plea-agreement with the Government that requires a sentence between 25 and 35 years in prison. If he had gone to trial and been convicted of the distribution-causing-death charge, Dunigan would have been subject to a sentence of mandatory life-imprisonment.
In the afternoon of 14 Jan. 2020, the victim was discovered by his girlfriend in their apartment, unconscious and unresponsive. She called 911 and first-responders arrived to find the victim dead. Officers from the Kalamazoo Department of Public Safety (KDPS) also responded and recovered from a container in the apartment what appeared to be a residual amount of heroin. A few hours earlier and not far away, members of a Michigan State Police (MSP) fugitive team had located and arrested Dunigan on outstanding warrants. The MSP team had been working to find and arrest Dunigan because he became a fugitive in September 2019 after absconding from bond in a state drug-trafficking case, and also because he was the subject of a federal arrest warrant. This federal warrant issued because Dunigan stopped reporting as required under the terms of his supervised release, which began in October 2018 when he was released from federal prison after completing a 13-year-sentence for a 2008 federal drug-trafficking case. When arrested on 14 Jan. 2020, Dunigan was in the middle of making another drug sale.
Examination of the victim’s body determined that he died from a fatal dose of fentanyl. Laboratory examination of both the controlled substance recovered from his apartment and a controlled substance recovered during Dunigan’s arrest determined that both substances were the same unique mixture that included fentanyl and cutting agents.
Investigation by KDPS, the Kalamazoo Valley Enforcement team (KVET, an interagency drug unit), the Portage Police Department, and the DEA determined that Dunigan ran a very active heroin/fentanyl-dealing operation for at least several months before the victim died, and that Dunigan sold the victim the fentanyl that killed him. ATF assisted with the firearms investigation.
After Dunigan’s arrest on 14 Jan. 2020, he contacted three acquaintances and enlisted them to continue the drug business, at Dunigan’s direction from jail. Those three, also federally charged, have all pled guilty to drug-trafficking crimes. They are: Richie Lee Edmonds III, 30, of Kalamazoo; Sierra Singleton-Moore, 31, of Kalamazoo; and Jennifer Lynne Davis, 33, of Battle Creek.
“Anyone involved in illegal opioid distribution in West Michigan had better be clear-eyed about the fact that they are not just risking the lives of their customers, they are risking their own liberty—liberty measured by decades. The West Michigan law-enforcement community will come after them, they will be charged and convicted, and it will be a very long time before they get to make any important life-decisions for themselves again,” said U.S. Attorney Andrew Birge.
“The opioid crisis has torn lives apart, creating a great deal of pain and trauma in families across the Kalamazoo community. I was pleased to learn about these indictments, guilty pleas, and upcoming sentencing's. I hope they make it clear that we will not tolerate illegal narcotics distribution in our community. I want to express my gratitude to the United States Attorney’s Office, the United States Drug Enforcement Administration, and the Michigan State Police for their tireless work in bringing an end to this opioid distribution network. Cooperation and partnerships like these enable us to bring justice to the victims of this crisis,” added KDPS Chief Vernon Coakley Jr.
Sentencing's for all four defendants have been scheduled during May 2021 in Lansing, before U.S. District Judge Hala Y. Jarbou. The case is being prosecuted by Assistant U.S. Attorneys Kate Zell and Hagen W. Frank.
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Drug Dealing Doctor Sentenced to 71 Months in Federal PrisonRead the Press Release
Dr. Richard Samuel Piazza, D.O. Wrote Illegal Prescriptions for Thousands of Opioid Pills
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Dr. Richard Samuel Piazza, D.O., 63, of Grand Rapids, Michigan, was sentenced to 71 months in federal prison for writing illegal opioid prescriptions. U.S. District Judge Janet T. Neff imposed the sentence. She also sentenced him to 3 years of supervised release. In September 2020, Dr. Piazza pled guilty to three counts of distribution of controlled substances, in violation of 21 U.S.C. § 841(a), related to writing opioid prescriptions for no legitimate medical reason. He wrote illegal prescriptions for thousands of opioids in exchange for cash or a kickback of some of the pills. Judge Neff described his behavior as “an attack on the integrity of the medical profession.”
“Dr. Piazza stands convicted of the same offenses we charge against street corner drug dealers,” U.S. Attorney Birge said. “Those who feed the opioid crisis by writing prescriptions for no legitimate medical purpose deserve to be treated this way under the law. In some ways, Dr. Piazza’s behavior was worse than that of a street dealer, because his status as a doctor gave his actions a false appearance of legitimacy.”
The case was investigated by the Drug Enforcement Administration, the Internal Revenue Service, the Michigan State Police, and the Lake County Sheriff’s Office. Assistant United States Attorney Clay Stiffler prosecuted the case.
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Upper Peninsula Methamphetamine Co-Conspirators Sentenced to PrisonRead the Press Release
MARQUETTE, MICHIGAN — Three Houghton County co-conspirators have been sentenced to prison for their role in conspiring to distribute more than 50 grams of crystal methamphetamine in the Upper Peninsula.
Ryan Lee Timko, 34, of Houghton, Michigan, was sentenced by U.S. District Judge Paul L. Maloney to 192 months in prison for his role in the conspiracy. Jeremy Joseph Brusso, 37, formerly of Atlantic Mine, Michigan, was sentenced by Chief U.S. District Judge Robert J. Jonker to 132 months in prison for his role in the conspiracy. Nicholas Patrick Cornish, 29, formerly of Calumet, Michigan, was sentenced by Chief U.S. District Judge Robert J. Jonker to 120 months in prison for his role in the conspiracy.
Timko, Brusso, and Cornish travelled to the Lower Peninsula to get crystal methamphetamine to redistribute in the U.P. Over the course of the conspiracy, they brought over a pound of methamphetamine into the Upper Peninsula.
These sentences were the culmination of a long-term investigation by the Upper Peninsula Substance Enforcement Team (UPSET) into crystal methamphetamine distribution in the west end of the Upper Peninsula. Homeland Security Investigations, Customs and Border Protection Laboratory and Scientific Services Directorate, the Michigan State Police, the Bureau of Indian Affairs, the Houghton County Sheriff’s Office, and the Houghton City Police assisted UPSET during the course of the investigation.
The Upper Peninsula continues to struggle with individuals, like these defendants, bringing methamphetamine into the U.P. Those who choose to engage in this conduct are on notice of the serious consequences for bringing this dangerous drug into our communities,” said U.S. Attorney Andrew Birge.
“Dangerous drugs like crystal methamphetamine destroy communities and families,” said D/Lt. Timothy Sholander, Michigan State Police – UPSET Commander. “We hope the sentences handed down in this case serve as a reminder to other drug dealers that the distribution of methamphetamine is a losing game and that the men and women on UPSET will continue to fight to support the communities and families in Michigan’s Upper Peninsula.”
Assistant U.S. Attorneys Ted Greeley and Alexis Sanford prosecuted the case.
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Threat Caller Sentenced to A Year in PrisonRead the Press Release
Martin Osborn threatened to assault Representative Henry “Hank” Johnson of Atlanta
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced that Martin Dale Osborn, 60 years old, of Bangor, was sentenced today to a year and a day in prison by U.S. District Judge Paul L. Maloney. Osborn pled guilty in August to threatening a federal official. Upon his release, Osborn will be supervised by the U.S. Probation Office for 3 years.
In June 2020, Osborn left a voicemail for Rep. Johnson, who represents Atlanta’s 4th Congressional District. Osborn stated, “One day you are going to see me. It’ll be about two o'clock in the morning. I'll be at your bedside and all you're going to see is me knocking the living shit out of you … terrified? You should be.” Osborn referred to Rep. Johnson, who is Black, as “boy,” and specifically linked his threat to the Congressman’s sponsorship of a gun control bill. As a result of the conviction, Osborn will be permanently barred from possessing firearms.
Judge Maloney emphasized the need to deter others from committing similar crimes, which divert scarce law enforcement resources. He warned, “Those who [make such threats] must understand the likelihood that they’re going to serve some time in incarceration is significant.”
“Every American has the right to express his or her opinion, but no one has the right to threaten another with violence.” said U.S. Attorney Birge. “Every threat will be taken seriously, and result in serious consequences.”
This investigation was a joint effort of the FBI and the U.S. Capitol Police.
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Pilot Project Launched to Address Missing and Murdered Indigenous PersonsRead the Press Release
The project members are assisting in the development of initial response plans to detail how tribal communities can best respond to reports of missing persons.
GRAND RAPIDS, MICHIGAN—Federal, State, Local and Tribal leaders jointly announced Michigan’s own Missing and Murdered Indigenous Persons pilot project today. United States Attorneys Andrew Birge and Matthew Schneider were joined by Bryan Newland, President of the Bay Mills Indian Community, Dr. Aaron Payment, Tribal Chairperson of the Sault Ste. Marie Tribe of Chippewa Indians, Timothy Waters, Special Agent in Charge of the Detroit Field Division of the FBI, Col. Joe Gasper, Director of the Michigan State Police, Matthew Saxton, Executive Director of the Michigan Sheriff’s Association, Robert Stevenson, Executive Director of Michigan Association of Chiefs of Police, along with partnering Officials with the United States Marshals Service and the Bureau of Indian Affairs in making the announcement.
Members of the pilot project began meeting in late October, taking the first steps toward establishing the first tribal community response plans for missing indigenous persons cases. The plans will improve the handling of emergent missing person cases by outlining how Tribal governments, law enforcement, and other partners can best work together to respond to such cases. The plans address four core components of a proper response to a missing persons case: law enforcement, victim services, community outreach and public communications.
“Given that there are 12 Tribal communities in Michigan, and many more Tribal members living throughout the state, we adopted a pilot-program approach to help identify issues and establish initial response plans that can be shared with communities throughout the state,” explained U.S. Attorney Birge. “I am impressed with how federal, state, local and Tribal law enforcement as well as Tribal leaders are embracing the effort and progressing in an open and collaborative fashion,” he added. U.S. Attorney Schneider explained that “Everyone recognizes the sensitivity and importance of these cases and realizes that, in Michigan in particular, multiple agencies and jurisdictions must work together.”
“Bay Mills is excited to collaborate with the United States and our fellow tribes on protecting women and vulnerable people in our communities,” said Bryan Newland, President of the Bay Mills Indian Community. “For too long, we have allowed the problem of violence against Indian women and vulnerable people to fester. This initiative will start the healing process and ensure that our people receive the protections they deserve.”
Dr. Aaron Payment, Tribal Chairperson of the Sault Ste. Marie Tribe of Chippewa Indians, noted: “In 2016, according to the CDC, homicide was the third leading cause of death for Native women and girls between the ages 1-19 and sixth leading cause of death for ages 20-44. Time is of essence as the first 72 hours after an individual goes missing are the most crucial according to National Indigenous Women’s Resource Center. The Sault Tribe and Bay Mills have pioneered capacity building in our respective judicial systems including state certification of tribal law enforcement officers, enhancing our tribal courts, and expanding jurisdiction under the Tribal Law and Order Act and the Violence Against Women Act. We have long had mutual aid law enforcement agreements to ensure there are no holes in coverage and jurisdiction. After 9/11, we worked as a unified team to ensure public safety including comprehensive table-top exercises. I envision our collaboration around MMIP to be a similar critical incident exercise and relationship to deal with what is emerging as an epidemic of missing and murdered indigenous people.”
“The FBI will continue to partner with state, local and tribal law enforcement agencies to combat violent crime and create safer communities for the indigenous people in Michigan,” said Timothy Waters, Special Agent in Charge of the FBI in Michigan. “We are prepared to surge investigative capacity, provide specialized skills and training, perform data analysis, or deploy national assets in our effort to provide justice for families mourning a murder victim and assistance to communities searching for a missing friend or neighbor.”
“It is critically important that all law enforcement agencies work closely together,” said Matthew Saxton, Executive Director of the Michigan Sheriff’s Association. “We are fully supportive of agencies assisting each other with whatever capabilities they may have – especially in the event of a reported missing child or adult under suspicious circumstances. This initiative is a great way to help identify and organize the resources and capabilities of our law enforcement agencies and their capabilities throughout the State of Michigan.”
Michigan is among the first of six pilot-program states developing community response plans, in accordance with the U.S. Attorney General’s Missing and Murdered Indigenous Persons Initiative and the President’s Operation Lady Justice Task Force. Importantly, these plans likewise further the goals of the recent Savanna’s Act legislation. The other states are Oklahoma, Montana, Minnesota, Alaska and Oregon.
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Federal Grand Jury Charges Six with Conspiracy to Kidnap the Governor of MichiganRead the Press Release
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that a federal grand jury has indicted six men on a charge of conspiracy to kidnap the Governor of Michigan, Gretchen Whitmer. Adam Fox, Barry Croft, Ty Garbin, Kaleb Franks, Daniel Harris and Brandon Caserta each face up to life in prison if convicted. Fox, Garbin, Franks, Harris, and Caserta are residents of Michigan. Croft is a resident of Delaware. The six were previously charged by complaint, but under the United States Constitution, the government must present such a felony case to a grand jury and obtain an indictment to proceed with the prosecution.
The investigation is ongoing. FBI agents of the Detroit Field Office and other members of their Joint Terrorism Task Force, including the Michigan State Police, are conducting the investigation. FBI agents and JTTF members in the Baltimore and Milwaukee Field Offices of the FBI are also involved. The U.S. Attorney’s Office for the Western District of Michigan is prosecuting the federal charges. U.S. Attorney’s Offices in the Eastern District of Michigan, Western District of Wisconsin, and Delaware have assisted.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
A copy of the indictment is included in this link .###
Medical Device Manufacturer's Director of Clinical Services Pleads Guilty to Causing the Adulteration of Rectal Pressure SensorsRead the Press Release
Clinical Director for The Prometheus Group Pleads Guilty for Role in Causing the Reuse of Single-User Rectal Pressure Sensors on Multiple Patients
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew B. Birge announced today that Denise D’Andrea pleaded guilty to one count of causing the adulteration of a medical device. In the criminal information, the government alleged that Ms. D’Andrea, the Director of Clinical Services at The Prometheus Group ("Prometheus"), a device manufacturer headquartered in Dover, New Hampshire, trained medical practitioners in the Western District of Michigan to reuse a single-user rectal pressure sensor on multiple patients by covering it with a surgical glove between uses. The rectal pressure sensor is a component part of Prometheus’s Pathway CTS 2000 Pelvic Floor Training System used in a form of therapy known as pelvic muscle rehabilitation. FDA cleared this system for introduction into the market in 2000, but restricted use of the rectal pressure sensor to single-patient use only. As part of that clearance, FDA also approved instructions for use submitted by Prometheus for the rectal pressure sensor that prominently stated: "This sensor is restricted for single person use only. Use by another person is strictly prohibited by Federal Regulations."
The government charged Ms. D’Andrea under the criminal provisions of the Federal Food, Drug & Cosmetic Act ("FDCA"), alleging that Ms. D’Andrea caused medical practitioners to engage in conduct that resulted in the rectal pressure sensors being adulterated. Under the FDCA, a device is adulterated if it was "prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health." As part of her guilty plea, Ms. D’Andrea acknowledged the government’s evidence that reusing the rectal pressure sensor on multiple patients, even when covered with a glove, resulted in the adulteration of the device given the risk of cross-contamination of viral and bacterial diseases. She faces up to a year in prison.
Ms. D’Andrea’s guilty plea follows the May 2020 convictions of Dr. Roger Beyer and Susan Wright who, in addition to convictions related to healthcare fraud, both pleaded guilty to counts of adulteration involving the reuse of the Prometheus rectal pressure sensor on multiple patients at Dr. Beyer’s practices. On October 29, 2020, U.S. District Judge Janet T. Neff sentenced Dr. Beyer to 57 months of incarceration, and she previously sentenced Ms. Wright to three years of probation and over 3,000 hours of community service. Dr. Beyer and Ms. Wright, along with an office manager, paid separate civil settlements under the Federal False Claims Act totaling over $1.25 million.
"The Federal Food, Drug & Cosmetic Act plays an important role in protecting the public health and safety," stated U.S. Attorney Birge. "When device manufacturer representatives and medical practitioners flaunt the rules, they jeopardize the wellbeing of patients in our community. My office is committed to working with FDA and other law enforcement to hold any other responsible parties accountable for this or other similar misconduct."
"The FDA requires medical device manufacturers to provide healthcare professionals with the important safety information, including single-use and single-user designations, that is required to protect patients’ health. When manufacturers and their representatives blatantly disregard this safety information, they put patients’ health at risk," said Special Agent in Charge Lynda M. Burdelik, FDA Office of Criminal Investigations Chicago Field Office. "We will continue to aggressively investigate and bring to justice those who threaten the health and safety of Americans."
This case was the result of an investigation by FDA’s Office of Criminal Investigations, the U.S. Department of Health and Human Services, Office of Inspector General, and the Federal Bureau of Investigation, in coordination with the U.S. Attorney’s Office for the Western District of Michigan. Assistant U.S. Attorney Raymond E. Beckering III and Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch are prosecuting the criminal case against Ms. D’Andrea, with subject-matter expertise and assistance from FDA’s Office of Chief Counsel and Assistant U.S. Attorney Andrew J. Hull.
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North Adams Man Sentenced to 30 Years in Prison for Distributing Fatal Drug to Young Afghanistan Veteran, and Then Incinerating His Body to Destroy EvidenceRead the Press Release
KALAMAZOO, MICHIGAN — On 7 December 2020, Damiane Buehrer, 43, was sentenced to serve 30 years in the Federal Bureau of Prisons for distributing a fatal dose of the deadly synthetic opioid carfentanil to Tyler Herendeen, then a resident of Hillsdale County.
In the early evening hours of 11 January 2017, on a remote section of Voorheis Rd. in Hillsdale County, Somerset Township firefighters responded to a 911 call reporting a blazing fire that had fully engulfed a Ford Escape. After the fire was extinguished, a badly burned human body was discovered in the trunk-space of the car. The body was subsequently identified through dental records as that of 30-year-old Herendeen, a life-long resident of Hillsdale County and an honorably-discharged member of the Michigan Army National Guard who had served in the Afghanistan war. Subsequent investigation by the Michigan State Police and the FBI determined that the cause of death was ingestion of carfentanil, an extremely toxic synthetic opioid that is increasingly being found in heroin mixtures. Indicted in April 2019, Buehrer pled guilty a few days before trial in July 2020 to giving the drug to Herendeen, and also admitted that he burned Herendeen’s body after he died in an effort to destroy evidence.
“Hopefully, the conviction and sentence in this case will provide Tyler’s family and friends with the comfort of knowing that justice was done, that Buehrer is out of circulation for decades to come, and that no one else will suffer the same fate as Tyler because of him. The sentence in this case should also send a clear message to anyone involved in illegal opioid distribution that the West Michigan law-enforcement community will come after them, and that they risk decades in prison every time they give another person their drugs,” said U.S. Attorney Andrew Birge.
“The death of Tyler Herendeen resulted from a tragic series of events brought about by Mr. Buehrer’s callous disregard for the lives of those to whom he gave drugs,” said David G. Nanz, Acting Special Agent in Charge of the FBI in Michigan. “No part of our country has been spared the effects of the opioid crisis. Those who engage in the illegal distribution of drugs will be held responsible for the inevitable consequences of their criminal behavior.”
“Today will hopefully provide some small amount of closure to the Herendeen family, as well as all who knew and cared about Tyler,” said Detective Sergeant David Stamler of the Michigan State Police, Jackson Post. “After many years of destructive behavior, Damiane Buehrer will no longer be a danger to the Hillsdale community. The Michigan State Police would like to thank the US Attorney’s Office for the Western District of Michigan, as well as the FBI, for the many long hours of assistance provided to the MSP over the last three years. These partnerships often make the difference in bringing a successful conclusion to investigations that take such devastating tolls on Michigan families.”
The case was investigated by the Federal Bureau of Investigation and the Michigan State Police. Michigan State Police troopers and detectives responded to the initial scene of the fire and investigated the case in collaboration with the FBI. The case was prosecuted by Assistant
U.S. Attorneys Hagen W. Frank and Kate Zell, who also prosecuted Buehrer for engaging in interstate dog fighting for profit. Buehrer was sentenced in October 2018 to serve a 46-month- sentence in the Federal Bureau of Prisons for the dog-fighting offense, while the investigation into Herendeen’s death continued. Buehrer will be required to complete the prison term for the dog-fighting case before he begins serving his 30-year-sentence.
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Defendants Sentenced for Drug Trafficking, Witness Tampering, and Other Related OffensesRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that U.S. District Judge Janet T. Neff sentenced Melvin James Harris, 46, of Peshawbestown, Michigan, to 240 months in prison for committing five felonies between August and November, 2019. A jury convicted Harris in July 2020 of distributing cocaine, assaulting a federal officer, contempt of court, conspiracy to witness tamper, and witness tampering. The jury also convicted Harris’ sister, Vanessa Louis Hunter, 45, of Rockford, Illinois, of conspiring with Harris to tamper with a witness. A third member of the conspiracy, Corey John Raphael, pled guilty to joining the conspiracy as well. Hunter was sentenced to 18 months in prison, and Raphael was sentenced to 33 months.
The evidence at trial showed that on August 14, 2019, Harris sold cocaine to an individual who was assisting police with narcotics investigations. Harris chose the location for the sale – a spot within the Grand Traverse Band of Ottawa and Chippewa Indians’ community, commonly known as Peshawbestown. Four days later, Harris assaulted a federal officer who was attempting to arrest him.
In September 2019, Harris was charged in federal court with distributing cocaine and assaulting an officer. After he learned the identity of the person who had assisted police with the narcotics investigation, Harris conspired with Hunter, Raphael, and others to tamper with that witness, in an effort to discourage the witness from testifying against him. Harris ultimately succeeded in contacting the witness through intermediaries and asked the witness not to go to court. Harris also disseminated the witness’s name and other personal information in violation of a court order. He used the jail’s phone system to do so, and he directed his co-conspirators and associates to further disseminate the information through Facebook and other means. Additional charges against Harris, Hunter, and Raphael soon followed.
Harris has a long, violent criminal history and was classified as a “career offender” at sentencing. In its sentencing memo, the United States emphasized Harris’ extensive criminal history, which started in his teens and continued unabated into his 40’s. The United States noted that violence and drug trafficking were recurrent themes throughout his history, and he had earned 18 criminal history points. The United States noted at sentencing that Harris had literally made a career out of crime, and it was time for that career to end.
As for Harris, Hunter, and Raphael’s efforts to tamper with witnesses and obstruct justice, the United States argued that this conduct struck at the heart of the criminal justice system and warranted a significant sentence.
“The sentences imposed in this case send a clear message to those who would try to sell drugs, assault federal officers, and tamper with witnesses,” said U.S. Attorney Andrew Birge. “My Office takes these cases seriously and will vigorously prosecute them.”
This case was jointly investigated by the Traverse Narcotics Team, Drug Enforcement Administration, Grand Traverse Band Tribal Police Department, Leelanau County Sheriff’s Office, and Michigan State Police.
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U.S. Attorney's Office's Approach to Gun Violence: Support Community-Based Prevention Programs and Focus Prosecutions on Those Driving the ViolenceRead the Press Release
GRAND RAPIDS, MICHIGAN – Speaking on the subject of gun violence, the U.S. Attorney for the Western District of Michigan, Andrew Birge, explained that his office employs an evidence-based, two-pronged approach to violent crime reduction, focusing on prosecuting the most dangerous offenders where there is federal jurisdiction while funding and encouraging law enforcement partnerships with community stakeholders to achieve sustainable and community driven reductions in violent crime.
U.S. Attorney Birge explained that: “Through grant funding, the Department supports violence prevention programs. Through focused federal prosecutions, my office looks to hold the trigger-pullers and most dangerous offenders accountable to federal law. Ideally, community members and law enforcement officers support each other and even work together to sustainably reduce violence and reduce the need for either state or federal charges.”
In 2020, the U.S. Attorney’s Office for Western Michigan oversaw the granting of almost $200,000 in Department of Justice funds to support community organizations and law enforcement partners in efforts to reduce violent crime throughout Western Michigan. Those funds came through DOJ’s Project Safe Neighborhoods (PSN) program, which was first launched in 2001. DOJ funds support both community organizations and local law enforcement in Battle Creek, Benton Harbor, Grand Rapids, Kalamazoo, Lansing, and Muskegon/Muskegon Heights. This past year, more than ten community organizations and six local police departments received a total of $192,000 in PSN grant funds to support community-based violence prevention programs. The PSN-funded programs focused on the communities with the highest rates of violence and, more specifically, those community members most at-risk of committing or suffering from violent crime. All PSN-funded organizations work in conjunction with local law enforcement to ensure a
sustainable and holistic approach to violent crime reduction.- For example, the Muskegon and Muskegon Heights Police Departments received funding to support basketball games between at-risk youth and community police officers, back-to-school haircuts for kids, and an outreach program where former felons mentor at-risk individuals in an effort to deter them from committing, or becoming victims of, violent crime.
- The Lansing Police Department received PSN grant funds to support a faith-based mobile outreach organization operating in areas that suffer from the highest rates of violence and poverty. One of the goals of this organization is to promote community trust in local law enforcement by helping to build bridges between police officers and community member. Working alongside Lansing Police, this community group used the grant money to fund summer barbeques, a mobile food pantry, and care packages for impoverished community members.
- In Benton Harbor, the PSN grant funds supported a new initiative at the Boys & Girls Club called Project Learn. Project Learn is an after-school program which provides academic support and mentoring to young people. The Boys & Girls Club specifically implemented the Project in a neighborhood which had 124 calls to police for services in a three-month period, including 14 calls reporting shots fired.
- In Kalamazoo, PSN grant funds help support a Group Violence Intervention program (GVI), where police and community members, including ex-offenders, personally reach out to at-risk youth and group members to interrupt cycles of violence.
While these community-based interventions address conditions that can raise the risk of violence, the U.S. Attorney’s Office works with local and federal law enforcement as well as county prosecutors to identify and prosecute federally the individuals who are causing the violence. “Prosecuting the small number of people committing violent acts has a significant and immediate impact on communities suffering from gun violence,” explained Erin Lane, an Assistant U.S. Attorney who handles many of these cases and oversees the grant funding program. “Often a county prosecutor will have the better charge for jurisdictional or other reasons and our county prosecutors do a great job. But we have seen that a federal charge can have a positive impact,” explained U.S. Attorney Birge.
- For example, at the end of this summer, the Grand Rapids Police Department, ATF and the U.S. Attorney’s office charged Antwine Chamberlain-Fields with being a felon in possession of a firearm. GRPD referred his case to federal prosecutors with the concurrence of the Kent County Prosecutor’s Office because officers suspected Chamberlain-Fields was involved in, as well as the target of, multiple shootings in the Grand Rapids area during this past summer, including a drive-by shooting on the city’s west side resulting in the injury of a teenage girl. After Chamberlain-Fields was indicted and placed in federal pretrial detention, shootings on the west side of Grand Rapids stopped for almost three weeks. In September, Chamberlain-Fields pled guilty and faces up to ten years’ incarceration for this crime.
- In Kalamazoo, police arrested Fharis Smith and Dontrell Walker after officers received information that they had been involved in a shooting incident with a rival gang. Officers also understood that the rival gang planned a retaliatory shooting against Smith and Walker. Police arrested Smith and Walker on outstanding criminal warrants. When arrested, Walker had a sawed-off rifle and Smith had a loaded gun and methamphetamine on him. Both were charged with federal crimes and placed in federal custody. Removing Smith and Walker from the street interrupted the cycle of shootings in Kalamazoo between the rival groups and prevented further violence. A federal jury convicted Smith of being a felon in possession of a firearm, drug distribution, and possessing a firearm in furtherance of drug trafficking. He faces up to fifteen years in prison. Walker pled guilty to possessing a short-barreled rifle and was sentenced to eight and a half years’ incarceration.
- Likewise, in August of this year, Kalamazoo Department of Public Safety (KDPS) arrested Robert Love, Jr. for being a felon in possession of a firearm. Love had been involved in, and the target of, multiple shootings in the Kalamazoo area during this past summer. After Love was injured in a drive-by shooting, police officers and community members making up the Kalamazoo GVI contacted Love and warned him that he was going to end up dead or in prison if he did not stop his violent behavior. Two days after this attempted intervention, Love’s car was shot up by unknown individuals on the streets of Kalamazoo. Police arrested Love on an outstanding warrant and discovered that he had a firearm. The U.S. Attorney’s office charged Love federally and the court held him in federal custody. Love eventually pled guilty to being a felon in possession of a firearm and now faces up to ten years in prison. Like Smith and Walker, Love’s arrest curbed the cycle of retaliatory and criminal group-involved shootings in the Kalamazoo area. KDPS Assistant Chief David Boysen explained, “federally charging individuals that are the most violent offenders and removing them from the street has an immediate impact on reducing the cycle of violence in the city. It is an invaluable resource for KDPS and community partners committed to violence prevention work.”
- Police in Lansing arrested an active shooter, Narrion Caston, for being a felon in possession of ammunition. At the time Caston was arrested, he was only one month into a three-year term of federal supervision for a previous conviction for being a felon in possession of a firearm. Caston pled guilty to the charge and at his sentencing hearing, a detective from the Lansing Police Department testified that the ammunition Caston illegally possessed was found in a car after Caston shot into another vehicle, hitting a Lansing area resident in the leg. Caston was sentenced to serve 10 years in the Federal Bureau of Prisons for illegal possession of ammunition, and 14 months for violations of his federal supervised release.
- In addition to prosecuting the most dangerous offenders for illegal possession of firearms and ammunition, the U.S. Attorney’s Office prioritizes the prosecution of thefts from licensed firearm dealers, in order to disrupt the flow of illegal firearms into the hands of violent offenders. For example, Charles Skipp was sentenced to 42 years in prison after being convicted of 10 felony offenses, which included stealing 89 firearms from a licensed firearm dealer. He attempted to cover his tracks by intimidating and retaliating against a witness to the theft, by shooting at the witnesses’ house and later setting it on fire. Skipp also used one of the stolen guns to rob and shoot a drug dealer.
“There are no quick fixes; it will take long-term commitment to not only prosecuting those who are driving the violence but also to crime prevention,” acknowledged U.S. Attorney Birge. This past year, the coronavirus made it difficult to implement community prevention programs. “The pandemic brought into sharp focus the critical role that these programs play in violence reduction and neighborhood safety and stability,” added Assistant U.S. Attorney Lane.
Looking forward to 2021, there are again over $192,000 of PSN grant funds available to nonprofit organizations, community groups, and local law enforcement working on violence prevention in Battle Creek, Benton Harbor, Grand Rapids, Kalamazoo, Lansing, and Muskegon/Muskegon Heights. With the ongoing challenges posed by the coronavirus pandemic, U.S. Attorney Birge encourages communities and law enforcement organizations to submit PSN project proposals that are aimed at sustainable, community-based violence prevention programming, which can be implemented during or after the pandemic. For more information about the PSN grant request for proposals or an application, please call Annette Chapman, PSN Fiscal Agent and Senior Vice President at the Battle Creek Community Foundation, at (269) 962-
2181 or email [email protected]. For other federal grant opportunities, please see www.grants.gov.###
Eleven Defendants Convicted for Involvement with Battle Creek Drug Trafficking OrganizationRead the Press Release
Final Two Defendants Convicted After Four-Day Trial
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that on December 4, 2020, a federal jury returned guilty verdicts against two defendants following a four-day trial in Kalamazoo: Ricardo Mercado-Lozano, also known as Heriberto Diaz-Lozano and Eddie Diaz, a citizen of Mexico and resident of Greenwood, Indiana, and Stacey Parcell Gibson, a resident of Battle Creek. These two defendants are among eleven total defendants who have been convicted for their respective offenses in furtherance of a drug-trafficking conspiracy spearheaded by co-defendant Andrew Bravo of Battle Creek. Bravo’s drug-trafficking organization distributed kilograms of cocaine and crystal methamphetamine, and quantities of heroin, fentanyl, MDMA or ecstasy, and kilograms of marijuana, in and around Battle Creek and Kalamazoo between May 2017 and December 2019. Bravo pleaded guilty to the drug-trafficking conspiracy on June 4, 2020 and was sentenced to 264 months in prison on October 5, 2020.
Mercado-Lozano, a self-admitted associate of the Sinaloa cartel, was a regional supplier of kilograms of cocaine and quantities of crystal methamphetamine to Bravo, who further distributed the controlled substances to other individuals in Battle Creek and Kalamazoo. Gibson obtained cocaine from Bravo and re-distributed it to customers in Battle Creek.
In announcing the convictions, U.S. Attorney Birge stated, “These convictions are the result of a long-term, multi-agency investigation into the drug trafficking of Andrew Bravo and his co-conspirators, who distributed cocaine, crystal methamphetamine, heroin, fentanyl, and marijuana, among other controlled substances, into the Battle Creek and Kalamazoo communities for years. The U.S Attorney’s Office is committed to bringing traffickers of dangerous drugs to justice no matter how long it takes. Our local communities are now safer with these individuals off the streets.”
“As part of a Homeland Security Investigations (HSI) long-term transnational criminal organization investigation, there are now eleven convicted for their role in conspiracy to smuggle and distribute deadly drugs across Western Michigan," said Vance Callender, Special Agent in Charge of HSI for Michigan and Ohio. “HSI used its network of agents and assets stationed across the U.S. and in foreign countries to dismantle this pipeline into the Midwest from Mexico. Multiple foreign and domestic law enforcement agencies helped perfect this investigation and raise the security profile of our borders.”
HSI and the Battle Creek Police Department (BCPD) began the investigation into Bravo’s drug-trafficking organization in mid-2017, in partnership with the Drug Enforcement Administration (DEA), Internal Revenue Service Criminal Investigation (IRS-CI), Michigan State Police (MSP), Emmett Township Police Department, Kalamazoo Department of Public Safety, St. Joseph Police Department, Calhoun County Sheriff’s Department, and Kalamazoo County Sheriff’s Office.
“Undoubtedly without the support, direct cooperation, and capability of this joint effort, of local, state, and federal assistance, these crimes against our community would have continued to cause harm and needless victimization,” stated Jim A. Blocker, Chief of Police, City of Battle Creek Police Department. “I am grateful to seek support, get it and achieve remarkable success. We continue to develop into a better and more capable organization, at every opportunity when we work together,” said Chief Blocker.
Keith W. Martin, Special Agent in Charge of the DEA’s Detroit Division stated: “These convictions are the result of a wide-ranging investigation into this multi-state drug trafficking organization. Our partnership with other federal, state, and local law enforcement agencies was essential in bringing these two poly-drug traffickers to justice. DEA remains committed to keeping these illegal and destructive drugs out of our communities.”
In December 2019, during the arrests of the defendants and execution of associated search warrants in this case, federal and state investigators seized quantities of cocaine, fentanyl, heroin, over a kilogram of crystal methamphetamine, over 50 pounds of processed marijuana, over 300 marijuana plants, other controlled substances, three handguns, and over $50,000 in drug proceeds. The eleven defendants, their crimes of convictions, and sentence information are as follows:
Defendant
City
Conviction(s)
Sentence
Andrew Rolando Bravo
Battle Creek
- Conspiracy to Manufacture, Distribute and Possess with Intent to Distribute Controlled Substances (including 50 grams or more of Methamphetamine and 100 kilograms or more or 100 plants of Marijuana)
264 months
in prison
Ricardo Mercado-Lozano
also known as
Heriberto Diaz-Lozano and
Eddie Diaz
Greenwood, Indiana
- Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances (including 500 grams or more of Cocaine)
Pending Sentencing
Mark Anthony Mosley
Battle Creek
- Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances (including 50 grams or more of Methamphetamine)
Pending Sentencing
Christopher Michael Dreams
Battle Creek
- Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances (including 50 grams or more of Methamphetamine)
Pending Sentencing
Rodney C. Compton, Jr.
Kalamazoo
- Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances (including 50 grams or more of Methamphetamine)
100 months
in prison
Erineo Wallace
Lansing
- Conspiracy to Distribute and Possess with Intent to Distribute 50 grams or more of Methamphetamine, Cocaine, and MDMA or Ecstasy
60 months
in prison
Troy Edward Bush
Kalamazoo
- Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances (including 50 grams or more of Methamphetamine)
Pending Sentencing
Stacey Parcell Gibson
Battle Creek
- Conspiracy to Distribute and Possess with Intent to Distribute Cocaine
- Possession with Intent to Distribute Cocaine
Pending Sentencing
Wayne Henry Hawley
Battle Creek
- Conspiracy to Distribute and Possess with Intent to Distribute Heroin, Cocaine, and Methamphetamine
120 months
in prison
Cory Karl Cadieux
Hudsonville
- Conspiracy to Manufacture, Distribute, and Possess with Intent to Distribute 50 kilograms or more of Marijuana
37 months
in prison
Jeremiah E. Smith
Kalamazoo
- Unlawful Use of a Communication Facility to Cause or Facilitate the Commission of Felonies under the Controlled Substances Act
Pending Sentencing
This prosecution, dubbed Operation After Hours, was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF. This case was prosecuted by Assistant United States Attorneys Daniel T. McGraw and Vito S. Solitro.###
West Michigan Woman Sentenced to 72 Months in Prison for Defrauding Immigrants Seeking Legal Status by Posing as A Department of Homeland Security AttorneyRead the Press Release
Jessica Marie Rubio also was Ordered to Pay $273,755 in Restitution to 91 Victims in Michigan, Texas, South Carolina, and Alabama
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that U.S. District Judge Janet T. Neff sentenced Jessica Marie Rubio, 32, of Holland, Michigan, to 72 months’ imprisonment for defrauding immigrants without legal status in the United States, in violation of 18 U.S.C. §§ 1349 and 1343. Rubio was sentenced in Grand Rapids today by U.S. District Judge Janet T. Neff. In imposing the sentence, Judge Neff commented that Rubio’s fraud was elaborate and found it “appalling when you pick on people trying to pursue the American dream and do it for your own financial gain . . . .”
“Rubio’s fraud scheme targeted people attempting to comply with the immigration laws of the United States and lawfully file paperwork to gain status in the United States. She took advantage of their hopes and dreams, yet pocketed their application fees and never filed these forms with the agencies that administer our immigration laws,” U.S. Attorney Birge commented.
Over a six year period, Rubio solicited people who did not have legal status in the United States by assuming the identity of a Department of Homeland Security (“DHS”) attorney and promised to prepare and expedite the immigration application process for them, which included the filing of numerous immigration forms to U.S. Citizenship and Immigration Services (“USCIS”) and the Department of Justice - Executive Office for Immigration Review. Rubio demanded payment for her services, purported to be legitimate fees, but never submitted those forms on her clients’ behalf. At least 91 victims in Michigan, Texas, South Carolina, and Alabama fell victim to this scheme, plus at least two other victims with no monetary losses but whose identity or employment affiliation Rubio misappropriated. Total loss amounts are calculated at $273,755 at the time of sentencing. Rubio violated her pretrial bond and was a fugitive between March 26, 2019 and December 13, 2019, when a U.S. Marshal Service Fugitive Task Force investigation located Rubio and returned her to face trial.
Maintaining the integrity of our nation’s immigration system remains one of the top priorities for the DHS Office of Inspector General (“OIG”). “To that end, the DHS OIG and our
law enforcement partners will aggressively pursue and investigate those who attempt to defraud the system. The agency has zero tolerance for those who prey upon the vulnerable who simply desire to become U.S. citizens,” Special Agent in Charge Todd Dennis, DHS OIG – Detroit Field Office said.“As this sentence makes clear, individuals who undermine our nation’s security by compromising the integrity of our immigration laws for their own enrichment will face serious
consequences,” said Shane Folden, Special Agent in Charge for Homeland Security Investigations (HSI) San Antonio. Working closely with our law enforcement partners, HSI will move
aggressively to hold those involved in these types of criminal schemes accountable.”As part of her sentence, the court imposed mandatory restitution for the victims in the amount of $273,755, and a forfeiture money judgment in the amount of $105,245. Rubio also was ordered to serve two years of supervised release following her prison sentence and a $100 special assessment.
The case was investigated by DHS OIG - Detroit Field Office; HSI - San Antonio (Texas) Field Office; HSI - Grand Rapids, the Fraud Detection and National Security Directorate of USCIS - Harlingen (Texas) Field Office; Texas Department of Public Safety - Harlingen Criminal Investigations Division; U.S. Marshals Service Fugitive Task Force; and the Holland Department of Public Safety. Assistant U.S. Attorney Clay M. West prosecuted the case.
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West Michigan Urogynecologist Sentenced to Prison for Healthcare Fraud and Adulteration of Medical DevicesRead the Press Release
Roger D. Beyer, M.D., Sentenced Today and Agrees to Pay Share of Civil Settlement Totaling $1.26 Million to Resolve False Claims Act Allegations
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew B. Birge announced today that U.S. District Judge Janet T. Neff sentenced Roger D. Beyer, M.D., to 57 months of incarceration for his involvement in a conspiracy to commit healthcare fraud and 12 months of incarceration to run concurrently for the adulteration of medical devices. Judge Neff also ordered $5,000 in fines in conjunction with the charges as well as three years of supervised release to follow imprisonment for the health care fraud conspiracy charge and one year of supervised release for the adulteration charge. Dr. Beyer owned and operated the now-shuttered Urological Solutions of Michigan (“USM”), a mobile medical practice providing urological services to patients in their homes and assisted living facilities in the greater Traverse City, Grand Rapids, and Kalamazoo areas, and Women’s Health Care Specialists (WHCS), a gynecology practice located in Kalamazoo.
Judge Neff found that Dr. Beyer engaged in several fraud schemes committed by USM and WHCS, resulting in approximately $883,000 in false claims submitted by the practices and paid by Medicare. These schemes included billing pelvic muscle rehabilitation (“PMR) therapy using improper—and more lucrative—diagnostic codes, billing for evaluation and management (“E&M”) services that did not occur, and billing for the services of an unlicensed nurse assistant.
Dr. Beyer was also sentenced for the adulteration of medical devices at USM and WHCS. During the fraud investigation, investigators discovered that USM and WHCS reused a single-user rectal pressure sensor on multiple patients as part of the PMR therapy, covering the device with the finger of a surgical glove. WHCS staff also reused a single-use anorectal manometry catheter on multiple patients as part of an initial diagnostic study with patients with potential fecal incontinence, covering the device with a condom. The reuse of these medical devices was in contravention with the devices’ instructions for use and inconsistent with the device
clearances by the Food & Drug Administration (“FDA”). The Federal Food, Drug & Cosmetic Act prohibits the adulteration of medical devices, which includes holding devices under “insanitary conditions” whereby they may have been contaminated with filth or rendered injurious to health.Judge Neff enhanced Dr. Beyer’s sentencing guidelines based on the fact that an administrative law judge in 2011 ruled that USM should not bill Medicare for the PMR therapy using the diagnostic codes. Despite this explicit judicial order, Dr. Beyer and his practices continued to bill for the PMR therapy using the diagnostic codes, but submitting the billing under USM’s nurse practitioners to “fly under the radar.” Judge Neff also applied an enhancement for the reckless risk of bodily injury to patients related to the reuse of medical devices.
In issuing Dr. Beyer’s sentence, Judge Neff found that Dr. Beyer’s offense was a “significant fraud on a very valuable federal program.” Judge Neff observed that the size of the Medicare program “make it a great target for fraud . . . [but] cheating the government is really cheating all of us and particularly those who need the assistance of the arm of government.” Judge Neff pointed out that while Dr. Beyer pleaded guilty “there was a gross minimization of culpability.” Judge Neff concluded that a significant term of imprisonment was necessary to promote “punishment and respect for the law” and that a sentence of less than incarceration would not sufficiently deter others from similar conduct.
Dr. Beyer’s sentence follows the June 2020 sentencing of Mark Sabor, USM’s practice manager who pleaded guilty to conspiracy to commit healthcare fraud and was sentenced to two years in prison. The investigation also resulted in the conviction of Dr. Beyer’s wife, Susan Wright, a nurse practitioner and attorney, who pleaded guilty to failing to report ongoing fraud at Dr. Beyer’s practice to law enforcement and also the adulteration of medical devices. In September, Judge Neff sentenced Ms. Wright to three years of probation and over 3,000 hours of community service.
As part of a parallel investigation, each defendant also agreed to pay a civil settlement under the False Claims Act to resolve allegations of the submission of false claims for reimbursement to Medicare as part of the numerous alleged healthcare fraud schemes at Dr. Beyer’s practices. Ms. Wright paid $500,000; Mr. Sabor paid $150,000; and Dr. Beyer and his practices agreed to pay $610,000 within five days of sentencing.
“Dr. Beyer and the other defendants engaged in a course of fraudulent conduct for many years, despite multiple warnings—including a decision by an administrative law judge—to do things the right way,” stated U.S. Attorney Birge. “But their greed-fueled misconduct didn’t just hurt the Medicare program. Instead, by reusing single-use and single-user medical equipment in these procedures on multiple patients, they recklessly risked the lives and health of their patients. The outcome of this case demonstrates that medical professionals in our district cannot flaunt Medicare billing rules or adulterate medical devices without consequence.”
“U.S. consumers rely on FDA oversight to ensure that medical devices are safe and effective,” said Lynda M. Burdelik, Special Agent in Charge of FDA’s Office of Criminal Investigations, Chicago Field Office. “When healthcare providers disregard safety information, including single-use and single-user designations, they put patients’ health at risk. We will continue to investigate and bring to justice providers that jeopardize the public health.”
“The defendants’ involvement in healthcare fraud schemes for medical services not rendered and upcoding services provided was motivated by greed,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region (“HHS-OIG”). “Their conduct demonstrates an aggravated indifference for the law and a disregard for the safety and well-being of vulnerable citizens given that the defendants carried on these schemes after being corrected by Medicare’s contractor and an administrative law judge and given the reuse of adulterated medical equipment on Medicare
patients. HHS-OIG will continue to work with our prosecutorial and law enforcement partners to ensure that those who commit these criminal acts are held accountable.”Dr. Beyer and Susan Wright broke laws designed to protect Medicare and regulations designed to protect patient safety. Their behavior was in direct conflict with the oath they took to ‘do no harm,’” said Federal Bureau of Investigation (“FBI”) Acting Special Agent in Charge David G. Nanz. “The FBI in Michigan will continue to investigate the type of cases in which medical professionals put profits over patient safety and waste taxpayer dollars by defrauding publicly-funded medical care.”
This case was the result of a joint investigation by HHS-OIG, FDA’s Office of Criminal Investigations, and the FBI, in coordination with the U.S. Attorney’s Office for the Western District of Michigan. Assistant U.S. Attorney Raymond E. Beckering III prosecuted the criminal case, and Assistant U.S. Attorney Andrew J. Hull represented the United States in the civil case.
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Two Lansing Armed Robbers SentencedRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Jay Zollicoffer was sentenced to serve a total of 22 ½ years in the Federal Bureau of Prisons for three counts of brandishing a firearm during the commission of a robbery and one count of robbery. His codefendant, Marco Jackson was previously sentenced to 15 years in the Federal Bureau of Prisons as well for his role as an aider and abettor. Jackson pled guilty to one count of brandishing a firearm during the commission of a robbery and one count of robbery.
Between July and September 2019, Zollicoffer and Jackson robbed eight convenience stores in the Lansing area at gunpoint. Zollicoffer entered each store wearing a mask and brandishing a pistol. He robbed the store clerks of cash, alcohol, cigarettes, and lottery tickets. Jackson cased the stores before the robberies and acted as a lookout and getaway driver. At sentencing, Chief U.S. District Judge Robert Jonker emphasized the escalating seriousness and danger of each robbery.
"Armed robbery is violent and dangerous," said U.S. Attorney Birge. "The risk of death, serious injury, and psychological harm is ever-present. Our office will continue to pursue those who use guns to commit crimes of violence."
"Robberies committed with a firearm are particularly dangerous, and finding perpetrators is a top priority for our agents and task force officers," said David G. Nanz, Acting Special Agent in Charge of the FBI in Michigan. "Gas station attendants, store workers, and citizens throughout the Lansing metro area have the right to be free from violent criminal acts that threaten the safety and security of our community. This collaborative effort to address violent crime in our communities is just one example of how we can make a difference when working together."
This case was investigated by the Lansing Police Department, Federal Bureau of Investigation, Michigan State Police, and the Lansing Township Police Department.
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Kalamazoo Dealer Found Guilty of Possession with Intent to Distribute MethamphetamineRead the Press Release
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that following a three-day trial, a federal jury convicted Anthony Ozomaro, of Kalamazoo Michigan of possession with intent to distribute more than fifty grams of methamphetamine.
On March 8, 2019, officers from the Kalamazoo Department of Public Safety (KDPS) responded to a call regarding a possible homicide at a home on Charles Avenue in Kalamazoo. When officers arrived at the residence, they found a woman, later identified as Nikkole Riojas, dead with an apparent gunshot wound to the head. After an initial investigation, detectives determined that the victim’s ex-boyfriend, Anthony Ozomaro, was a person of interest in the homicide. Detectives secured a warrant to search Ozomaro’s home. During their search of Ozomaro’s house, police located a large plastic bag containing approximately 250 grams of 91 percent pure crystal methamphetamine on a shelf in Ozomaro’s bedroom. Next to the methamphetamine, police also found Ozomaro’s U.S. passport, a digital scale with methamphetamine residue, and various rounds of live ammunition. A federal grand jury subsequently indicted Ozomaro for possession with intent to distribute more than fifty grams of methamphetamine.
On October 22, 2020, Ozomaro’s trial successfully commenced, with U.S. District Court Judge Hala Y. Jarbou presiding over her first federal trial as a federal judge. Ozomaro elected to act as his own lawyer throughout the entire three-day trial.
"We reserve federal charges for those who pose the most danger to our communities, and Ozomaro fits that bill," said U.S. Attorney Andrew Birge. "Methamphetamine is a plague on our west Michigan communities, so we hold those who peddle it accountable."
Ozomaro now faces a mandatory minimum period of ten years up to life in prison. His sentencing is scheduled for March 21, 2021. The Kalamazoo Department of Public Safety and Drug Enforcement Administration (DEA) investigated this case. The case was prosecuted by Assistant United States Attorneys Erin Lane and Stephen Baker.
Acting Executive Lt Michael Ferguson of the Kalamazoo Valley Enforcement Team said, "Methamphetamine is a dangerous drug that has impacted our community in many ways. The conviction of this large-scale meth-dealer will certainly have a positive impact on our community."
The Kalamazoo County Prosecuting Attorney’s office later charged Ozomaro with the murder of Nikkole Riojas. A preliminary hearing on the open murder charge is scheduled for early November in the Kalamazoo County District Court. He is presumed innocent of all murder charges unless and until proven guilty.
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Eight Individuals Charged in Crystal Methamphetamine Distribution ConspiracyRead the Press Release
Two Defendants Remain at Large.
GRAND RAPIDS, MICHIGAN - United States Attorney Andrew Birge announced today that eight individuals have been charged in federal court for their involvement in a crystal methamphetamine distribution conspiracy that spanned several cities in western Michigan. During the course of the investigation, which began in December 2019 and continued through October 2020, law enforcement seized over 18 pounds of crystal methamphetamine, two firearms, and over $27,000 in drug proceeds. Six defendants have been arrested; two remain at large.
On October 21 and 22, 2020, Larry James Martz, 51, of Plainwell, Sara Ann Whittemore, 35, of Hopkins, Dwayne Deshaun Parks, 30, of Kalamazoo, Ronald Lee Sutherland, 52, of Allegan, and Charles William-Maurice Hudson, 35, of Battle Creek, were arrested and made their initial appearances in federal court on indictments returned by a federal grand jury. Timothy Mark Calicutt, 50, of Kalamazoo, and Michael Chad Sutherland, 45, of Allegan, were also charged. Calicutt and Michael Chad Sutherland, pictured below, remain at large and law enforcement is soliciting assistance in finding them. All defendants are charged with conspiracy to distribute and
possess with intent to distribute 50 grams or more of methamphetamine, which carries a mandatory minimum period of 10 years in prison and a maximum of life in prison. Michael Chad Sutherland and Calicutt are also facing firearms charges.Jackie Lee Cherry, Jr., 33, of Muskegon Heights, was arrested on a separate criminal complaint that charges him with possession with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine. If convicted, Cherry faces a mandatory minimum period of 5 years in prison and a maximum period of 40 years in prison.
The Drug Enforcement Administration (DEA) in partnership with the Southwest Enforcement Team (SWET) and West Michigan Enforcement Team (WEMET) of the Michigan State Police (MSP) began the investigation into this methamphetamine distribution ring in December 2019. The Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF) Program, which employs the expertise of the DEA and numerous federal agencies to comprehensively target and dismantle drug trafficking and money laundering organizations, supported this multi-agency investigation. The case is being prosecuted by Assistant United States Attorney Dan McGraw.
The charges in an indictment and criminal complaint are merely accusations, and all defendants are presumed innocent until and unless proven guilty in a court of law.
Timothy Mark Calicutt, 50, of Kalamazoo, Michigan, wanted on a federal arrest warrant.
Michael Chad Sutherland, 45, of Allegan, Michigan, wanted on a federal arrest warrant.
If members of the public have information that could lead to the arrest of Timothy Mark Calicutt or Michael Chad Sutherland, they are encouraged to call the United States Marshals Service at (616) 456-2438.
###U.S. Attorney Andrew Birge Appoints Donald Daniels as Election Officer for the Western District of MichiganRead the Press Release
GRAND RAPIDS, MICHIGAN – United States Attorney Andrew Birge announced today that First Assistant United States Attorney (FAUSA) Donald Daniels will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election. FAUSA Daniels has been appointed to serve as the District Election Officer (DEO) for the Western District of Michigan, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
United States Attorney Birge said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will always act appropriately to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Birge stated that FAUSA/DEO Daniels will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: (616) 808-2014.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (313) 965-2323.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at (800) 253-3931 or by complaint form at https://civilrights.justice.gov/.
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
United States Attorney Birge said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”
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Elementary School Educator Gets 60 Years for Child ExploitationRead the Press Release
GRAND RAPIDS, MICHIGAN - James Verne Russell, 50, a former Michigan teacher and principal, was sentenced to serve 720 months in the Federal Bureau of Prisons for sexual exploitation of two minors. U.S. District Judge Janet T. Neff also imposed lifetime-supervised release should it be necessary. Russell was also sentenced on October 8, 2020 by Muskegon County Circuit Court Judge Annette R. Smedley to 20 to 95 years in the related sexual assault case.
In sentencing Russell to serve 60 years in prison, Judge Neff stated the offense “is about as serious as it gets” because of the extended length of time and “circumstances in which you took advantage of children.” Judge Neff commented that in her thirty-two years as a judge “you think you’ve seen it all” and then “something like this happens.” “You come face-to-face with a human being whose behavior you just can’t understand.” “How you can take a little boy from an awful situation” and “take what little he has away from him.” “There are very few cases that will stick out to me after all these years, but yours will. I promise you.”
Russell was in education for twenty-two years. He was an elementary school teacher for sixteen years and an elementary school principal for six years in the Ravenna and North Muskegon School Districts. In June 2018, a teacher filed a complaint about Russell’s unusual interest in two students. Russell was suspended by the school district and later resigned. He then moved to Las Vegas and joined the Clark County School District as a fourth grade teacher. Russell came to the attention of law enforcement, in March 2019, when the FBI Las Vegas Child Exploitation Task Force received a CyberTip from the National Center for Missing and Exploited Children regarding a recent upload of dozens of images, some depicting child pornography. When confronted by investigators from the FBI Las Vegas and Henderson Police Department, Russell confessed to possessing the pictures. Norton Shores Police and FBI Grand Rapids located and interviewed the victim in Michigan. The victim, identified as Victim 1 in the charges, confirmed that he was the child depicted and that Russell had sexually molested him for years. A search of Russell’s cell phone and computers disclosed numerous other images of child pornography, many of which Russell had produced himself. Further investigation disclosed another boy, identified as Victim 2, who was victimized in 2017, and a third individual who had been sexually abused by Russell beginning in 1996.
The U.S. Attorney’s Office brought federal charges against Russell for the production, transportation, and possession of child pornography. The Muskegon County Prosecutor’s Office charged Russell for the sexual assaults of Victim 1. As part of a joint resolution, Russell pleaded guilty to a sexual assault charge in Muskegon County, and pleaded guilty to two counts of production of child pornography in federal court.
Russell started his career in education in 1996. That same year, he began grooming and sexually assaulting his first victim. Russell volunteered to work with children in many capacities, including as a long-term guardian, babysitter, elementary and middle school basketball coach, lifeguard, camp counselor, and youth ministries assistant at various churches. In its sentencing memorandum, the U.S. Attorney’s Office said, “Russell’s conduct is not one of opportunity or an isolated aberration. His was a deliberate and dedicated career of manipulation and sexual abuse.”
In announcing the sentence, U.S. Attorney Andrew Birge stated, “Russell’s conduct is an abomination. He worked and volunteered his way into the lives of our children, not as a service to our community, but as a means to identify, target, and sexually exploit vulnerable children. Those who are in a position of trust and sexually abuse children will be held accountable. There is no parole in the federal system. Russell will spend the rest of his life in prison and will never have the chance to molest another child.”
“The FBI is committed to working alongside our law enforcement partners to protect children from being exploited by people like Mr. Russell,” said David G. Nanz, Acting Special Agent in charge of the FBI in Michigan. “He used positions of trust to gain access to vulnerable children, abuse them and record the abuse for his own perverse pleasure. His actions were reprehensible and represent the worst betrayal of innocence and trust imaginable.”
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney’s Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, tribal, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
This case was prosecuted by Assistant U.S. Attorneys Daniel Mekaru and Austin Hakes, in cooperation with the Muskegon County Prosecutor’s Office, and investigated by Henderson (Nevada) Police Department, Las Vegas Metropolitan Police Department, Norton Shores Police Department, FBI in Las Vegas, and WEBCHEX – “West Michigan Based Child Exploitation and Human Trafficking Task Force,” a partnership of FBI, Michigan State Police, and local agencies dedicated to investigating offenses against children.
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27 Defendants Convicted and Sentenced to Federal Prison for Involvement in Cocaine-Trafficking ConspiracyRead the Press Release
GRAND RAPIDS, MICHIGAN - United States Attorney Andrew Birge announced today that all 27 defendants have been convicted and sentenced to terms of imprisonment for their involvement in a wide-ranging cocaine-trafficking conspiracy led by Howard Mayfield, of Grand Rapids. On October 16, 2020, Mayfield’s sister Tamara Nelson, also known as Tamara Mingo, was the last defendant to be sentenced; U.S. District Judge Paul L. Maloney sentenced Nelson to 139 months in federal prison.
Mayfield’s drug-trafficking organization distributed kilograms of cocaine in and around Grand Rapids between April 2017 and May 2018. Mayfield pleaded guilty to the cocainetrafficking conspiracy and was sentenced to 360 months in prison. From early 2017 until April 2018, Mayfield worked with Texas-based cocaine distributor, Wilbert Gentry, to bring over 100 kilograms of cocaine into the Grand Rapids area. In April and May 2018, Mayfield began getting kilogram-quantities of cocaine from Muskegon- and Detroit-based supplier Craig Schenvinsky James, as well as Quincy Delon Lofton, of Detroit.
Mayfield then distributed the cocaine, in either powder form or as crack cocaine, to coconspirators in and around Grand Rapids, including Tamara Nelson, Ryan Rashad Brown, Yvette Sheree Brown, Donald Bernard Gardner, Martin Luther Dukes, Douglas Emmanuel Carey III, Nicole Lynn Starr, Carlus Bridgeforth, Martinellus Nix, Demarcus Pinder, Trebarius McGee, Pedro Antonio Mateo, Marvin Nix, Stephawn, McFadden, Troy Jordai Lewis, Jeffrey Allan Dean, and Jessica Warren (also known as Jessica Gatica). These co-conspirators, in turn, sold the cocaine and crack cocaine to their customers.
Additional defendants, including Jennifer Tadeo, Elsie Bridget Boston, Monica Laster, Shamekia Liptrot, Taniedra Sade White, and Salena Kolarich, were convicted for their respective roles in the conspiracy, such as helping to transport or store the cocaine and/or drug proceeds.
In announcing the convictions and sentences, U.S. Attorney Birge stated, “Cocaine and cocaine base are powerful drugs that continue to wreak havoc on individual users, their families, and their communities. Cocaine overdose death rates have risen significantly in recent years, particularly in the Midwest, and about 1 in 5 overdose deaths involve cocaine. Along with our law enforcement partners, we take cocaine offenses seriously and are invested in disrupting the channels drug-traffickers use to distribute illegal and dangerous drugs in the Western District of Michigan.”
DEA Detroit Division Special Agent in Charge, Keith W. Martin, commented, “The sentencing of the 27 members of this drug trafficking organization is a direct result of the collaboration between DEA and many state, local and federal partners. This is a tremendous victory for the law-abiding citizens of west-Michigan, effectively dismantling a major cocaine trafficking operation responsible for peddling poisons and eroding communities.”
The Metropolitan Enforcement Team (MET) of the Michigan State Police began the investigation into Mayfield’s drug-trafficking organization in early 2017, in partnership with the Drug Enforcement Administration (DEA). The Kentwood Police Department provided key support throughout the case, including by using one of its detectives in an undercover capacity to purchase cocaine and heroin directly from Mayfield. Numerous other law enforcement agencies assisted with operations during the two-month period the DEA had a wiretap on Howard Mayfield’s phones, including the Arkansas State Police, and the Vice Unit of the Grand Rapids Police Department.
“This case is an excellent example of the fantastic results that can be achieved when Federal, State, and Local law enforcement pool their resources and personnel to tackle the narcotics problems facing West Michigan. In this case a large Drug Trafficking Organization was effectively dismantled due to these cooperative efforts. The Metropolitan Enforcement Team welcomes any opportunity to leverage resources in the effort to combat dangerous drug dealers adversely affecting our communities,” said D/Lt Nathan Grant, commander of MET.
Kentwood Police Chief Richard Roberts likewise is pleased with the collaborative efforts of all of the agencies involved in this case. “Illegal drug use is not only an issue for us in Kentwood, but for all communities across the country. Being a part of this joint effort to combat this problem has been very rewarding. The success of this case also speaks to the professionalism and ability of the men and women of the Kentwood Police Department,” said Chief Roberts.
The 27 defendants, their crimes of convictions, and sentence information are as follows:
Defendant City Conviction(s) Sentence Howard Anthony Mayfield Grand Rapids Conspiracy to Distribute and Possess with Intent to Distribute (“PWID”) Cocaine (5kilograms or more) and Crack Cocaine 360 months in prison Wilbert Gentry Houston, TX Conspiracy to Distribute and PWID Cocaine (5 kilograms or more) and Crack Cocaine 150 months in prison Craig Schenvinsky James Muskegon Conspiracy to Distribute and PWID Cocaine (5 kilograms or more) and Crack Cocaine 108 months in prison Quincy Delon Lofton Detroit Conspiracy to Distribute and PWID Cocaine (5 kilograms or more) and Crack Cocaine 78 months in prison Ryan Rashad Brown Wyoming Conspiracy to Distribute and PWID (500 grams or more) and Crack Cocaine; PWID Cocaine (500 grams or more); PWID Cocaine 204 months in prison Yvette Sheree Brown Grand Rapids Conspiracy to Distribute PWID Cocaine (500 grams or more) and Crack Cocaine 120 months in prison Jennifer Tadeo Grand Rapids Conspiracy to Distribute PWID Cocaine (5 kilograms or more) and Crack Cocaine 84 months in prison Donald Bernard Gardner Grand Rapids Conspiracy to Distribute and PWID Cocaine and Crack Cocaine (28 grams or more) 168 months in prison Tamara Nelson, née Tamara Mingo Grand Rapids Conspiracy to Distribute and PWID Cocaine and Crack Cocaine 139 Months in prison Elsie Bridget Boston Houston, TX Conspiracy to Distribute and PWID Cocaine (5 kilograms or more) and Crack Cocaine 110 months in prison Martin Luther Dukes Grand Rapids Conspiracy to Distribute and PWID Cocaine and Crack Cocaine 63 months in prison Douglas Emmanuel Carey III Grand Rapids Conspiracy to Distribute and PWID Cocaine and Crack Cocaine; PWID Cocaine (2 counts) 150 months in prison Monica Laster Grand Rapids Unlawful use of Communication Facility to Facilitate Drug Felony 24 months in prison Nicole Lynn Starr St. Johns, MI Conspiracy to Distribute and PWID Cocaine and Crack Cocaine 57 months in prison Shamekia Liptrot Grand Rapids Unlawful use of Communication Facility to Facilitate Drug Felony 30 months in prison Carlus Bridgeforth Grand Rapids Conspiracy to Distribute and PWID Cocaine (500 grams or more) and Crack Cocaine 46 months in prison Martinellus Nix Grand Rapids PWID Cocaine 120 months in prison Demarcus Pinder Grand Rapids Conspiracy to Distribute and PWID Cocaine and Crack Cocaine (28 grams or more) 144 months in prison Trebarius McGee Grand Rapids Conspiracy to Distribute and PWID Cocaine 96 months in prison Pedro Antonio Mateo Grand Rapids PWID Cocaine 54 months in prison Marvin Quantez Nix Grand Rapids Conspiracy to Distribute and PWID Cocaine and Crack Cocaine; PWID Cocaine 96 months in prison Stephawn McFadden Grand Rapids PWID Cocaine 54 months in prison Troy Jordai Lewis Grand Rapids PWID Cocaine 18 months in prison Jeffrey Allan Dean Grand Rapids PWID Cocaine 13 months in prison Jessica Warren née Gatica Grand Rapids PWID Cocaine 42 months in prison Taniedra Sade White Houston, TX Conspiracy to Distribute and PWID Cocaine and Crack Cocaine 33 months in prison Salena Kolarich, also
known as Salena Sparr Columbus, OH Conspiracy to Distribute and PWID Cocaine and Crack Cocaine; Unlawful use of Communication Facility to Facilitate Drug Felony; Interstate Transport of Drug Proceeds 60 months in prisonThis case was investigated by the DEA, the Michigan State Police, Metropolitan Enforcement Team, the Kentwood Police Department, and the Grand Rapids Police Department. The case was prosecuted by Assistant United States Attorneys Kate Zell and Dan McGraw.
Faith and Blue Weekend Helps to Build Bridges Between Local Police and Their CommunityRead the Press Release
GRAND RAPIDS, MICHIGAN — The Grand Rapids Police Department and local neighborhood groups took part in a National Faith and Blue Weekend aimed at connecting law enforcement officers with people in the community. On Saturday October 10, 2020, more than 30 volunteers from GRPD, Walker Police Department, the U.S. Department of Justice, and local community organizations took part in a volunteer event in the West Grand neighborhood. Police officers, members of the West Grand community, and local business leaders came together to help clean up Indian Mill Creek. The volunteers were then treated to a lunch at Long Road Distillers on Leonard Street, sponsored by the West Grand Neighborhood Organization.
U.S. Attorney Andrew Birge and Project Safe Neighborhoods Coordinator Erin Lane welcomed attendees, including those from his office. The Walker Police Department Chaplain Tom Bradley, said a prayer before lunch and talked about the importance of strong community and police relationships. He told the volunteers that “faith people and law enforcement have more in common than I ever thought. In our own ways, we both strive to make our community a better place for everyone that lives here.” GRPD Deputy Chief Scott Rifenberg also addressed the crowd, acknowledging that law enforcement is “a calling” to protect and serve. He expressed appreciation for the opportunity to volunteer alongside members of the community that he and his officers serve.
The National Faith and Blue Weekend (October 10-12) is a collaborative initiative that builds bridges and breaks down biases through activities and outreach amongst law enforcement professionals and the communities that they serves. Steepletown Neighborhood Services, the West Grand Neighborhood Organization, the Lower Grand River Organization of Watersheds, and the Grand Rapids Police Department sponsored the October 10 event.
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Six Arrested on Federal Charge of Conspiracy to Kidnap the Governor of MichiganRead the Press Release
The Michigan Attorney General Charged Seven Additional Individuals Following a Coordinated Disruption of the Plan
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that six men have been arrested and charged federally with conspiring to kidnap the Governor of Michigan, Gretchen Whitmer. According to a
complaint filed Tuesday, October 6, 2020, Adam Fox, Barry Croft, Ty Garbin, Kaleb Franks, Daniel Harris and Brandon Caserta conspired to kidnap the Governor from her vacation home in the Western District of Michigan. Under federal law, each faces any term of years up to life in prison if convicted. Fox, Garbin, Franks, Harris, and Caserta are residents of Michigan. Croft is a resident of Delaware.U.S. Attorney Birge said that “Federal and state law enforcement are committed to working together to make sure violent extremists never succeed with their plans, particularly when they target our duly elected leaders.”
The federal
complaint in this case alleges that the FBI began an investigation earlier this year after becoming aware through social media that a group of individuals was discussing the violent overthrow of certain government and law enforcement components. Through confidential sources, undercover agents, and clandestine recordings, law enforcement learned particular individuals were planning to kidnap the Governor and acting in furtherance of that plan. This group used operational security measures, including communicating by encrypted messaging platforms and used code words and phrases in an attempt to avoid detection by law enforcement. On two occasions, members of the alleged conspiracy conducted coordinated surveillance on the Governor’s vacation home. Fox and Croft discussed detonating explosive devices to divert police from the area of the vacation home and Fox even inspected the underside of an M-31 highway bridge for places to seat an explosive, according to the complaint. Among other activities, the complaint alleges Fox purchased a taser for use in the kidnapping and that the group successfully detonated an improvised explosive device wrapped with shrapnel to test its anti-personnel capabilities. The FBI and Michigan State Police executed arrests as multiple conspirators met to pool funds for explosives and exchange tactical gear.“All of us can disagree about politics, but those disagreements should never, ever result in violence,” stated U.S. Attorney Matthew Schneider, Eastern District of Michigan. “The allegations in this
complaint are deeply disturbing. We owe our thanks to the men and women of law enforcement who uncovered this plot and have worked so hard to protect Governor Whitmer.”“These alleged extremists undertook a plot to kidnap a sitting governor,” said Assistant Special Agent in Charge Josh P. Hauxhurst. “Whenever extremists move into the realm of actually planning violent acts, the FBI Joint Terrorism Task Force stands ready to identify, disrupt and dismantle their operations, preventing them from following through on those plans.”
The investigation is ongoing. Agents of the Detroit Field Office of the FBI and other members of their Joint Terrorism Task Force, including the Michigan State Police, are conducting the investigation. FBI Agents and JTTF members in the Baltimore Field Office of the FBI, which covers Delaware, are also involved. The U.S. Attorney’s Office for the Western District of Michigan is prosecuting the federal charges. U.S. Attorney’s Offices in the Eastern District of Michigan and Delaware have assisted.
This case falls with the purview of the Attorney General’s Task Force to Combat Violent Anti-Government Extremism. Launched in June 2020, the Task Force is dedicated to supporting the investigation and prosecution of any person or group who commits violence in the name of an anti-government ideology.
Based on information developed in the investigation, State of Michigan Attorney General Dana Nessel announced the simultaneous arrest of seven other individuals on state charges of providing material support of terroristic activities and of possessing a firearm in the course of that offense.
The charges in a
complaint are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.###
Western Michigan Man Gets 36 Months for Credit Union and Bank RobberiesRead the Press Release
GRAND RAPIDS, MICHIGAN - U.S. Attorney Andrew Birge announced today that Gilbert Chrispin Noel Jr., 56, of Wayland, Michigan, was sentenced to serve a total of 36 months in the Federal Bureau of Prisons for two counts of credit union robbery and one count of bank robbery. U.S. District Judge Paul Maloney also imposed a period of supervised release of 3 years and ordered Noel to pay $22,489.00 in restitution.
Between February and November 2019, Noel robbed two credit unions and one bank in Western Michigan. On February 14, 2019, the defendant robbed the Lake Michigan Credit Union located at 2636 44th Street SW, Wyoming, Michigan. Four months later, on June 11, 2019, Noel robbed the Lake Michigan Credit Union located at 675 68th Street SW, Byron Township, Michigan. Five months after that, on November 26, 2019, Noel robbed the Chemical Bank located at 303 Arlington Street, Middleville, Michigan. Noel was arrested after an anonymous tipster called local police when they recognized Noel from the Chemical Bank surveillance photo that was released to news media following his third robbery. When confronted by police, Noel confessed to robbing the two credit unions and the bank in order to pay his mounting bills. At sentencing, Judge Maloney emphasized that these robberies were very serious crimes, which put many people at risk.
In announcing the sentence, U.S. Attorney Birge echoed the Court stating, “Credit union and bank robbery are serious offenses, often resulting in traumatic life-altering consequences for the victims. My office and our partners at the Wyoming Police Department, Barry County Sheriff’s Office, Kent County Sheriff’s Office, and at the FBI are committed to holding robbers accountable.”
This case was prosecuted by Assistant U.S. Attorney Erin Lane, and investigated by the Wyoming Police Department, Barry County Sheriff’s Office, Kent County Sheriff’s Office, and at the FBI.
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Department of Justice Awards over $5 Million in Grants to Improve Public Safety and Serve Crime Victims in Western District of Michigan Tribal CommunitiesRead the Press Release
GRAND RAPIDS, MICHIGAN – U.S. Attorney Andrew Birge announced today that, as part of a national rollout, the Department of Justice awarded $5,174,318 in grants to improve public safety, serve victims of crime and support youth programs in tribal communities in the Western District of Michigan.
“American Indian and Alaska Native communities experience rates of violent crime and domestic abuse that are among the highest in the nation,” said Attorney General William P. Barr. “The awards announced today underscore the Department of Justice’s deep commitment to improving public safety in tribal communities throughout the United States. This administration will continue to work closely with our tribal partners to guarantee that they have the resources they need to combat violence and bring criminals to justice.”
“The Department of Justice has a special responsibility when it comes to helping federallyrecognized Tribes keep their communities safe,” explained U.S. Attorney Birge. “These resources underscore that commitment.”
A total of more than $103 million is being awarded to tribes across the country under the Justice Department’s Coordinated Tribal Assistance Solicitation. CTAS supports activities that enhance law enforcement and tribal justice practices, expand victim services and sustain crime prevention and intervention efforts. CTAS grants are administered by the Department’s Office of Justice Programs ($41.5 million), Office on Violence Against Women ($39.1 million) and Office of Community Oriented Policing Services ($22.5 million).
An additional $113 million is being awarded to 133 applicants nationwide under the Tribal Victim Services Set-Aside Program. This program, managed by OJP’s Office for Victims of Crime, is designed to help tribes develop, expand and improve services to victims of crime and promote other public safety initiatives.
“Public safety officials and victim service providers in Indian country face exceptional challenges, but they bring to their work an extraordinary array of skills and resources that enable them to meet and overcome any obstacle,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is proud to help fulfill Attorney General Barr's strong commitment – and the federal government's long-standing responsibility – to our tribal partners in the matter of their citizens' safety and wellbeing.”
In addition to the CTAS and Tribal Victim Services Set-Aside awards, the Office on Violence Against Women is making additional tribal awards of more than $31 million to support a wide range of efforts to address the crimes of domestic violence, dating violence, sexual assault, stalking and human trafficking.
“OVW’s funding supports Native American and Alaska Native communities as they work across their communities to prevent and respond to gender based violence,” said OVW Principal Deputy Director Laura L. Rogers. “These awards represent the strong commitment that OVW has made to help protect the most vulnerable members of tribal communities.”
Additional awards to support tribal public safety efforts are being made by OJP and the COPS Office. These grants will provide community policing training and other training and technical assistance. Awards will also address the needs of tribal youth, fund tribal reentry efforts, help tribes combat substance abuse and manage sex offenders, and support tribal research. In addition, funds support efforts in 17 tribal communities to address the challenges posed by the outbreak of COVID-19.
“Ensuring our nation’s tribal communities have the resources they need is paramount for the COPS Office and the Department of Justice,” said COPS Office Director Phil Keith. “These awards are a critical component to the overall public safety strategy for tribal law enforcement and the COPS Office is honored to provide vital resources to hire more sworn officer positions, advance tribal training and procure equipment needed to keep communities safe.”
The following tribes in the Western District of Michigan received funding:
. Bay Mills Indian Community $461,941
Public Safety and Community Policing (COPS)
. Keweenaw Bay Indian Community $900,000
Violence Against Women Tribal Governments Program (OVW)
. Lac Vieux Desert Band of Lake Superior Chippewa Indians $251,841
Violence Against Women Tribal Governments Program (OVW)
. Little River Band of Ottawa Indians $299,815
Tribal Youth Program (OJJDP)
. Little Traverse Bay Bands of Odawa Indians $416,033
Violence Against Women Tribal Governments Program (OVW)
. Nottawaseppi Huron Band of the Potawatomi $658,507
Public Safety and Community Policing (COPS)
. Sault Ste. Marie Tribe of Chippewa Indians $836,284
Violence Against Women Tribal Governments Program (OVW)
. The Grand Traverse Band of the Ottawa and Chippewa Indians $1,349,987
Justice Systems and Alcohol and Substance Abuse (BJA) - $899,897
Children’s Justice Act Partnership for Indian Communities (OVC) - $450,000A full listing of all the announced CTAS awards is available here.
A full listing of all Tribal Victim Services Set-Aside Program awards is available here.
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West Michigan Drug Ring DismantledRead the Press Release
Final dealer convicted by a jury after three days of trial.
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that a 15-member drug trafficking operation has been dismantled following the conviction of the final defendant involved in the organization. On September 23, 2020, a jury in Kalamazoo convicted Luis Ayala-Vieyra of conspiring to distribute cocaine and two counts of distribution of cocaine after a three day trial. He faces up to twenty years in prison and will be sentenced by U.S. District Court Judge Paul L. Maloney in the next three to four months.
Luis Ayala-Vieyra was arrested in Grand Rapids in August 2019 during the takedown of the cocaine ring. His arrest followed a long term investigation into a group of drug dealers in the Grand Rapids area. Fourteen other defendants previously pleaded guilty.
The evidence at trial demonstrated that Luis Ayala-Vieyra and his brother, Inocencio Ayala-Vieyra, bought cocaine from a source of supply in Chicago, Illinois. They broke down the cocaine and distributed it to a network of retail dealers in the Grand Rapids area.
“Yesterday’s verdict is the culmination of the hard work of the Drug Enforcement Administration, local law enforcement, and the U.S. Attorney’s Office,” said U.S. Attorney Birge. “My office is committed to disrupting drug sales and dismantling drug trafficking organizations to keep Michigan communities safe.”
“This verdict is a clear indication of the progress made by DEA and our state and local partners in the fight against drug trafficking,” said Keith Martin, Special Agent in Charge of the Detroit Field Division of the DEA. “We will continue to employ our combined resources to investigate and bring to justice those who disregard laws and distribute illicit drugs in Western Michigan communities.”
This case was investigated by the DEA, Kent Area Narcotics Enforcement Team, Metropolitan Enforcement Team, Grand Rapids Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was tried by Assistant U.S. Attorneys Jonathan Roth and Alexis Sanford.
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Kalamazoo Man Gets 30 Months for Bank RobberyRead the Press Release
GRAND RAPIDS, MICHIGAN - U.S. Attorney Andrew Birge announced today that Daniel Augustine Solis, 28, of Kalamazoo, Michigan, was sentenced to serve 30 months in the Federal Bureau of Prisons for bank robbery. Chief U.S. District Judge Robert J. Jonker also imposed a period of supervised release of 3 years and ordered Solis to pay $7038.50, in restitution.
On February 12, 2020, Solis entered the Chase Bank located at 141 E. Michigan Avenue, in Kalamazoo, Michigan. He used a demand note to rob a teller and fled with $7,038.50 in cash. A Kalamazoo Township law enforcement officer recognized Solis from the bank surveillance photo. When confronted by police, Solis confessed to robbing the bank and claimed that he just wanted to see what it felt like, and if he was successful, he might try it again.
At sentencing, Chief Judge Jonker rejected Solis’s request for leniency and the claim that the robbery was out of character for him. Judge Jonker emphasized the research and preparations that Solis made and seriousness of bank robbery.
In announcing the sentence, U.S. Attorney Birge stated, “Bank robbery is not a ‘life experience.’ It is a serious violent offense, often resulting in sobering life-altering consequences for the victims. My office and our partners at the Kalamazoo Department of Public Safety, Kalamazoo Township Police and at the FBI are committed to holding bank robbers accountable.”
This case was prosecuted by Assistant U.S. Attorney Daniel Mekaru,and investigated by the Kalamazoo Department of Public Safety, Kalamazoo Township Police, and the FBI.
Michigan Bank Robber Involved in Multistate Crime Spree Sentenced to 235 Months in PrisonRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew B. Birge announced today that U.S. District Judge Paul L. Maloney sentenced Jermaine DeShawn Clark to 235 months in prison following his conviction on two counts of bank robbery.
Clark, age 30, was a resident of Ingham County, Michigan on June 29, 2019, when he robbed a Lansing branch of Chase Bank and fled with $2,900. On July 13, 2019, he struck a Kalamazoo branch of PNC bank, robbing it of $2,040. He used a stolen Dodge Charger as a getaway car in both robberies, and shortly after left the State in that vehicle. Acting on tips and other information from the robberies, Michigan law enforcement officers quickly identified Clark as the robber and obtained a federal arrest warrant for him.
At the time of the two Michigan robberies, Clark was on parole for a 2017 bank robbery conviction in Ohio. On July 24, after fleeing Michigan, Clark stopped in Mason, Ohio to have the tires checked on the getaway car. After learning that he would need $300 to repair the vehicle, he robbed a PNC bank branch in Mason and obtained $2,508. He then continued travelling south.
Later that same day, police located Clark in Florence, Kentucky in the stolen Dodge Charger. A high speed chase on Interstate 75 followed, with Clark driving his vehicle in excess of 140 miles per hour. The chase ended when Clark lost control of his vehicle, crashing it into another vehicle and severely injuring a nurse on her way home from work.
Clark pled guilty to both Michigan robberies on December 20, 2019. He also took responsibility for the Mason, Ohio bank robbery. After considering the facts surrounding the robberies and Clark’s background, Judge Maloney declared him an ongoing threat to the community and chose the prison term of 235 months.
This case was investigated by the Federal Bureau of Investigation, the Kalamazoo Department of Public Safety, the Mason, Ohio Police Department and the Lansing Police Department. Assistant U.S. Attorney Timothy P. VerHey prosecuted the case.
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Final Member of Kalamazoo Methamphetamine Conspiracy Sentenced to 15 Years in Federal PrisonRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced that Vance Lamont Hale (38) of Kalamazoo, Michigan was sentenced by United States District Judge Janet T. Neff to 15 years imprisonment. Hale was the final defendant to be sentenced in a five defendant, Kalamazoo-based methamphetamine trafficking conspiracy. All defendants charged in the superseding indictment were convicted following guilty pleas; their sentences are listed below:
Name Age Sentence Tyshaun Derrell Robinson 26 180 Months Vance Lamont Hale 38 180 Months Damarcus Donta Hunter 41 60 Months Prince Elijah Johnson 28 27 Months Kenneth Shears 26 24 MonthsIn total, law enforcement seized over three pounds of highly pure methamphetamine from various locations in Kalamazoo in the course of investigating the conspiracy. Because of prior drug trafficking convictions, Defendants Robinson and Hale were subject to fifteen-year mandatory minimum sentences. Defendant Robinson was on federal supervised release at the time he was engaged in the conspiracy, having been released from prison on February 7, 2019, less than three months before he began selling drugs again.
In announcing the sentence, U.S. Attorney Birge stated, “West Michigan has recently seen an increase in the distribution of methamphetamine, which is an extremely dangerous drug that destroys lives. Those who choose to sell methamphetamine are on notice that it will result in serious consequences -- including mandatory minimum sentences --, particularly where a person has a prior conviction for dealing drugs.”
The Kalamazoo Valley Enforcement Team (KVET), the Kalamazoo Department of Public Safety (KDPS), the Drug Enforcement Administration (DEA), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) investigated the case. Assistant United States Attorney Vito S. Solitro prosecuted the case.
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Doctor Pleads Guilty to Federal Drug Trafficking ChargesRead the Press Release
Dr. Richard Samuel Piazza, D.O., admitted writing opioid prescriptions to individuals he knew were selling the pills on the street
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Dr. Richard Samuel Piazza, D.O., 63, of Grand Rapids, Michigan, pleaded guilty to three counts of writing illegal prescriptions for the opioids oxycodone and hydrocodone. Dr. Piazza admitted writing the prescriptions to individuals he knew were selling the pills on the street. He faces up to 20 years in federal prison for his crimes, at least three years of supervised release, and up to a $1 million fine. He previously surrendered his DEA license.
“The opioid crisis, already serious, has intensified during the Coronavirus pandemic,” U.S. Attorney Birge said. “We are committed to prosecuting doctors like Piazza who feed the opioid crisis by writing prescriptions they know are not for legitimate medical treatment.”
The investigation was conducted by the Drug Enforcement Administration and Michigan State Police. Assistant United States Attorney Clay Stiffler prosecuted the case.
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Ludington Man Sentenced to 63 Months' Imprisonment for Embezzling from the Lake Michigan Carferry and Filing False Tax ReturnRead the Press Release
Paul Patrick Piper, the Carferry’s former Financial Controller, stole in excess of $1.7 million over 11 years and failed to pay federal income taxes of $363,000
GRAND RAPIDS, MICHIGAN — Paul Patrick Piper, 58, of Ludington, Michigan, was sentenced to 63 months’ imprisonment today on charges of bank fraud and filing a false federal income tax return. The sentencing hearing took place in the United States District Court in Grand Rapids, Michigan, before Chief U.S. District Judge Robert J. Jonker. In imposing sentence, Judge Jonker commented that the amount Piper embezzled over many years was "a frightening number that caused substantial financial hardship" to the Lake Michigan Carferry and resulted from a "pattern of conduct that needs deterrence."
"Mr. Piper earned his sentence," said U.S. Attorney Andrew Birge. "His greed caused significant financial damage to one of the largest employers in the Ludington, Michigan area. Vigorous prosecution of white collar crime and enforcement of our country’s tax laws remains an important priority in my office."
Piper served for many years as the financial controller for Lake Michigan Carferry, the company operating the SS Badger ferry between Ludington, Michigan, and Manitowoc, Wisconsin. Piper embezzled in excess of $1,700,000.00, between 2007 and May 2018, by overriding normal company accounting systems and writing checks directly to himself and to two of his affiliated businesses, Piper Tax & Accounting and Piper Group. Piper either forged the signatures of company owners on these checks or used a signature stamp without the authorization of the owners. Piper hid these transactions in the accounting system by booking these checks to an insurance expense code and by otherwise making false entries to balance company accounts. Additionally, Piper filed false personal income tax returns with the Internal Revenue Service because he knowingly failed to include the income he stole from the Carferry, and other income earned from his tax business, on his federal income tax returns.
"Piper violated the trust of the company that hired him and endangered the financial well-being of one of Ludington’s largest employers," said Special Agent in Charge of the FBI in Michigan, Steven M. D’Antuono. "Financial crime is not a victimless crime. The FBI and our law enforcement partners will continue to pursue anyone who uses their position of trust for personal gain."
"For over a decade Mr. Piper repeatedly took advantage of his position as controller and committed criminal financial crimes that resulted in a large tax due and owing," said IRS-CI Special Agent in Charge Sarah Kull. "Of course activity like this hurts the ‘Carferry,’ but it also hurts every U.S. taxpayer. IRS-CI will continue to work with our law enforcement partners to investigate tax fraud committed by trusted professionals."
As part of his sentence, the court imposed a forfeiture money judgment in the amount of $1,740,037.91. Pursuant to prior forfeiture efforts, Piper forfeited a 2018 Ram Truck, a 2008 Glacier Bay 5th Wheel Recreational Vehicle, and cash in lieu of forfeiture of other assets. The court will impose mandatory restitution for the victim in an amount of at least $1,740,037.91 after receiving information and arguments from the parties about possible additional losses within the next 30 days.
Assistant United States Attorney, Ronald M. Stella, conducted the prosecution of the case. The Internal Revenue Service’s Criminal Investigation Division and the Federal Bureau of Investigation, with significant assistance from the Mason County Sheriff’s Office, handled the investigation of the case.
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Grand Rapids Men Sentenced for Armed RobberyRead the Press Release
GRAND RAPIDS, MICHIGAN - U.S. Attorney Andrew Birge announced today that Christopher Desonier and Angel Leon were sentenced for committing armed robberies. Desonier was sentenced to 117 months imprisonment and Leon was sentenced to 161 months, by U.S. District Court Judge Gordon J. Quist. Both men were ordered to pay restitution and will serve 3 years of supervised release after they are discharged from prison.
Desonier and Leon were responsible for a string of crimes dating back to January 2019, when they broke into a home and stole a vehicle and a wallet. They went to the Cabela’s Sporting Goods Store in Grandville and used the ID and credit card of the victim to buy ammunition and accessories for pistols and attempted to buy an assault-type rifle, but were prevented due to the 3-day waiting period. In March 2019, they robbed Pancho’s Party Store in Grand Rapids. Leon entered the store and robbed the clerk, stealing cash and cigarettes, while brandishing a shortbarreled shotgun. Desonier waited outside and acted as the getaway driver. A week later, Desonier and Leon robbed the 911 Cash Store located in Wyoming, Michigan. This time, both men entered the store with Leon brandishing the short-barreled shotgun and Desonier had a revolver. They tied up the store clerks, stole cash, and took the recording device from the store security system.
At sentencing, Judge Quist, expressed concern at the grave nature of the crimes and denied requests for leniency in imposing lengthy terms of custody for both men. Both Desonier and Leon had prior convictions that prohibited them from possessing firearms.
In announcing the sentences, U.S. Attorney Birge stated, “Armed robbery is violent and dangerous. The risk of death, serious injury, and psychological harm are ever-present. My office has always and will continue to pursue those who violate federal prohibitions on possessing a firearm or who use a firearm in committing other federal crimes.”
“Angel Leon and Chris Desonier used firearms and violence to further their criminal endeavors,” stated James Deir, ATF’s Special Agent in Charge of the Detroit Field Division. “It is my hope that the lengthy sentences they received sends a message that we as law enforcement, and we as a community, will not stand by and let violence be the norm. We will continue to work to hold those who use violence accountable.”
This case was prosecuted by Assistant U.S. Attorney Daniel Mekaru and investigated by the Grand Rapids Police, Wyoming Police, Allegan County Sheriff’s Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
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