FEDERAL DISTRICT ARCHIVE
Northern District of Ohio
Press releases recorded for this federal judicial district.
Justice Department and EPA File Complaint Against Norfolk Southern for Unlawful Discharge of Pollutants and Hazardous Substances in East Palestine DerailmentRead the Press Release
Today, on behalf of the U.S. Environmental Protection Agency (EPA) and in coordination with the U.S. Attorney’s Office for the Northern District of Ohio, the Justice Department’s Environment and Natural Resources Division announced a complaint against Norfolk Southern Corporation and Norfolk Southern Railway Company (Norfolk Southern) related to the Feb. 3, derailment in East Palestine, Ohio. The complaint seeks penalties and injunctive relief for the unlawful discharge of pollutants, oil, and hazardous substances under the Clean Water Act, and declaratory judgment on liability for past and future costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
This action follows EPA’s issuance on Feb. 21, 2023 of a Unilateral Administrative Order under CERCLA to Norfolk Southern Railway Company requiring the company to develop and implement plans to address contamination and pay EPA’s response costs associated with the order.
“When a Norfolk Southern train derailed last month in East Palestine, Ohio, it released toxins into the air, soil, and water, endangering the health and safety of people in surrounding communities,” said Attorney General Merrick B. Garland. “With this complaint, the Justice Department and the EPA are acting to pursue justice for the residents of East Palestine and ensure that Norfolk Southern carries the financial burden for the harm it has caused and continues to inflict on the community.”
“From the very beginning, I pledged to the people of East Palestine that EPA would hold Norfolk Southern fully accountable for jeopardizing the community’s health and safety,” said EPA Administrator Michael S. Regan. “No community should have to go through what East Palestine residents have faced. With today’s action, we are once more delivering on our commitment to ensure Norfolk Southern cleans up the mess they made and pays for the damage they have inflicted as we work to ensure this community can feel safe at home again.”
“Last month, the East Palestine community was upended by a horrific train derailment. By filing this complaint today, we are demanding accountability from Norfolk Southern for the harm this event has caused,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We will tirelessly pursue justice for the people living in and near East Palestine, who like all Americans deserve clean air, clean water, and a safe community for their children.”
“The United States Attorney’s Office stands with our district’s residents in pursuing accountability and justice in both the immediate and distant future, as we work together to deal with the damage and destruction this disaster has caused,” said First Assistant U.S. Attorney Michelle Baeppler for the Northern District of Ohio.
On Feb. 3, 2023, a Norfolk Southern train carrying hazardous materials, including hazardous substances, pollutants, and oil derailed in East Palestine, Ohio. The derailment resulted in a pile of burning rail cars, and contamination of the community’s air, land, and water. Residents living near the derailment site were evacuated. Based on information Norfolk Southern provided, the hazardous materials contained in these cars included vinyl chloride, ethylene glycol monobutyl ether, ethylhexyl acrylate, butyl acrylate, isobutylene, and benzene residue. Within hours of the derailment, EPA and its federal and state partners began responding to the incident, including providing on-the-ground assistance to first responders and conducting robust testing in and around East Palestine.
The fire caused by the derailment burned for several days. On Feb. 5, monitoring indicated that the temperature in one of the rail cars containing vinyl chloride was rising. To prevent an explosion, Norfolk Southern vented and burned five rail cars containing vinyl chloride in a flare trench the following day, resulting in additional releases.
Since the EPA’s issuance of the Unilateral Administrative Order to Norfolk Southern Railway Company, the EPA has been overseeing that company’s work under the order. Approximately 9.2 million gallons of liquid wastewater, and an estimated 12,932 tons of contaminated soils and solids have been shipped off-site.
The EPA and other federal agencies continue to investigate the circumstances leading up to and following the derailment. The United States will pursue further actions as warranted in the future as its investigatory work proceeds.
*This release has been updated to reflect the correct date, March 31, 2023.
Justice Department and EPA File Complaint Against Norfolk Southern for Unlawful Discharge of Pollutants and Hazardous Substances in East Palestine DerailmentRead the Press Release
WASHINGTON – Today, on behalf of the U.S. Environmental Protection Agency (EPA) and in coordination with the U.S. Attorney’s Office for the Northern District of Ohio, the Justice Department’s Environment and Natural Resources Division filed a complaint against Norfolk Southern Corporation and Norfolk Southern Railway Company (Norfolk Southern) related to the Feb. 3, derailment in East Palestine, Ohio. The complaint seeks penalties and injunctive relief for the unlawful discharge of pollutants, oil, and hazardous substances under the Clean Water Act, and declaratory judgment on liability for past and future costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
This action follows EPA’s issuance on Feb. 21, 2023 of a Unilateral Administrative Order under CERCLA to Norfolk Southern Railway Company requiring the company to develop and implement plans to address contamination and pay EPA’s response costs associated with the order.
“When a Norfolk Southern train derailed last month in East Palestine, Ohio, it released toxins into the air, soil, and water, endangering the health and safety of people in surrounding communities,” said Attorney General Merrick B. Garland. “With this complaint, the Justice Department and the EPA are acting to pursue justice for the residents of East Palestine and ensure that Norfolk Southern carries the financial burden for the harm it has caused and continues to inflict on the community.”
“From the very beginning, I pledged to the people of East Palestine that EPA would hold Norfolk Southern fully accountable for jeopardizing the community’s health and safety,” said EPA Administrator Michael S. Regan. “No community should have to go through what East Palestine residents have faced. With today’s action, we are once more delivering on our commitment to ensure Norfolk Southern cleans up the mess they made and pays for the damage they have inflicted as we work to ensure this community can feel safe at home again.”
“Last month, the East Palestine community was upended by a horrific train derailment. By filing this complaint today, we are demanding accountability from Norfolk Southern for the harm this event has caused,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We will tirelessly pursue justice for the people living in and near East Palestine, who like all Americans deserve clean air, clean water, and a safe community for their children.”
“The United States Attorney’s Office stands with our district’s residents in pursuing accountability and justice in both the immediate and distant future, as we work together to deal with the damage and destruction this disaster has caused,” said First Assistant U.S. Attorney Michelle Baeppler for the Northern District of Ohio.
On Feb. 3, 2023, a Norfolk Southern train carrying hazardous materials, including hazardous substances, pollutants, and oil derailed in East Palestine, Ohio. The derailment resulted in a pile of burning rail cars, and contamination of the community’s air, land, and water. Residents living near the derailment site were evacuated. Based on information Norfolk Southern provided, the hazardous materials contained in these cars included vinyl chloride, ethylene glycol monobutyl ether, ethylhexyl acrylate, butyl acrylate, isobutylene, and benzene residue. Within hours of the derailment, EPA and its federal and state partners began responding to the incident, including providing on-the-ground assistance to first responders and conducting robust testing in and around East Palestine.
The fire caused by the derailment burned for several days. On Feb. 5, monitoring indicated that the temperature in one of the rail cars containing vinyl chloride was rising. To prevent an explosion, Norfolk Southern vented and burned five rail cars containing vinyl chloride in a flare trench the following day, resulting in additional releases.
Since the EPA’s issuance of the Unilateral Administrative Order to Norfolk Southern Railway Company, the EPA has been overseeing that company’s work under the order. Approximately 9.2 million gallons of liquid wastewater, and an estimated 12,932 tons of contaminated soils and solids have been shipped off-site.
The EPA and other federal agencies continue to investigate the circumstances leading up to and following the derailment. The United States will pursue further actions as warranted in the future as its investigatory work proceeds.
Sylvania Woman Sentenced to Prison for Providing False Statements to Law Enforcement Regarding Illegally Purchased FirearmRead the Press Release
TOLEDO – Taylor Elysse Corggens, 30, of Sylvania, Ohio, was sentenced on Monday, March 20, 2023, to 6 months in prison by U.S. District Judge James G. Carr after she pleaded guilty to making a false statement in connection with her purchase of a firearm for a felon.
According to court documents, on May 24, 2021, Corggens and another individual, who was a convicted felon, entered a federally licensed firearms dealer together in the Oregon, Ohio, area. While in the store, court documents state that the felon picked out and handled a firearm despite being legally prohibited from such activities.
Court documents state that Corggens then used her identification to purchase the firearm from the dealer. Records show that the felon was later pulled over by Toledo Police Department officers and found to be in possession of the same firearm that Corggens purchased.
Later, in December 2021, federal law enforcement authorities interviewed Corggens about the firearm and asked Corggens if anyone was with her when she purchased the firearm. Corggens stated that no one was with her when she purchased the firearm despite surveillance video evidence from the firearms dealer showing Corggens and another individual arriving together in the same vehicle and entering the dealer simultaneously.
The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Toledo Police Department, and Homeland Security Investigations. This case was prosecuted by Assistant U.S. Attorney Robert N. Melching.
Perrysburg Man Indicted on Possession with Intent to Distribute MethamphetamineRead the Press Release
TOLEDO - Sage George, 31, of Perrysburg, Ohio was indicted on one count of Possession with Intent to Distribute Methamphetamine and one count of Use of a Communications Facility to Facilitate a Drug Felony.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the United States Postal Inspection Service working in conjunction with the Drug Enforcement Administration.
The case is being prosecuted by Assistant United States Attorneys Alissa M. Sterling and Frank H. Spryszak.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Jury Convicts Two of Conspiracy to Traffic FentanylRead the Press Release
AKRON - First Assistant United States Attorney Michelle M. Baeppler announced that a federal jury convicted Branea Bryant, age 29, and Ramel Drew, age 44, both of Cleveland, Ohio, of drug trafficking offenses on Friday, March 17, in Akron, Ohio, following a two-week jury trial before Judge John R. Adams.
The jury convicted Branea Bryant of one count of Conspiracy to Distribute and Possess with Intent to Distribute 400 Grams or More of Fentanyl, one count of Conspiracy to Launder Money, and three counts of Money Laundering. The jury convicted Ramel Drew of one count of Conspiracy to Distribute and Possess with Intent to Distribute 400 Grams or More of Fentanyl, one count of Use of a Communications Facility to Facilitate Drug Trafficking, one count of Distribution of Fentanyl, and one count of Possession with Intent to Distribute 400 Grams or More of Fentanyl.
The following information is based on court documents and evidence presented at trial.
In 2021, the FBI learned that Branea Bryant’s brother, Brandon Bryant, and her boyfriend, Devonn Fair, were selling fentanyl to customers at various locations on the east side of Cleveland. Branea Bryant’s company, ADF3 Investments, LLC, owned a house on East 130th Street in Cleveland that Brandon Bryant was using to sell fentanyl.
Based upon a long term, multi-agency investigation, the FBI determined that Brandon Bryant and Devonn Fair were selling fentanyl to customers at multiple locations in Cleveland, and that Branea Bryant and Ramel Drew were involved in the drug trafficking conspiracy.On August 31, 2021, the FBI and other law enforcement agencies executed search warrants at seven houses connected to the drug organization, and seized over a kilogram of fentanyl, numerous firearms, ammunition, high-speed money counters, drug presses, a vacuum-sealer used to package drugs and money, over $68,000 in cash, jewelry, and multiple high-end vehicles, including two Range Rovers and a Jaguar F-Type.
One of the houses searched on August 31st was on East 89th Street in Cleveland, which the FBI had identified as a location where customers came from as far away as Lorain County and Ashland County to buy fentanyl. The FBI recovered a DVR surveillance system from the East 89th Street house, which showed Ramel Drew, Devonn Fair, and codefendant Nathaniel Lightfoot engaging in drug transactions with customers in the driveway of the residence. Testimony at trial also established that Fair, Drew, and Lightfoot shared a cell phone that drug customers would call to arrange the drug purchases. Fair and Lightfoot previously pled guilty and are pending sentencing.
Investigation by the IRS showed that Branea Bryant’s company, ADF3 Investments, owned several high-end vehicles connected to the drug conspiracy, including two Range Rovers that had been purchased with drug money, and a Jaguar F-Type that was used to facilitate drug deals. At trial, the lead IRS investigator testified that ADF3 did not file any state or federal tax returns, and that it did not appear to engage in any kind of legitimate business activity. The IRS investigator also testified that ADF3’s bank accounts, which had been opened by Branea Bryant, were largely funded with cash deposits and that ADF3’s accounts had been used to make large purchases at designer stores like Gucci and Prada using Branea Bryant’s debit card.
Branea Bryant and Ramel Drew were among 24 defendants indicted in the case, which was the result of a coordinated effort by the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The other 22 defendants named in the indictment previously pled guilty.
The case was investigated by the FBI’s Cartel, Gang, Narcotics, and Laundering Task Force (CGNL) and IRS Criminal Investigation, with assistance from the Cleveland Division of Police, the Cuyahoga County Sheriff’s Office, the Ohio Investigative Unit, the Ohio State Highway Patrol, the Cleveland Heights Police Department, the Southeast Area Law Enforcement Task Force (SEALE), the ATF, the U.S. Marshals Service, the DEA, and the Cuyahoga County Regional Forensic Science Laboratory.
The case is being prosecuted by Assistant U.S. Attorneys James Lewis, Joseph Dangelo, and James Morford.
Findlay Man Indicted on Five Counts of Bank RobberyRead the Press Release
TOLEDO - Gage Haws, 28, of Findlay, Ohio was indicted on five counts of Bank Robbery. The indictment alleges that between December 31, 2022, and February 16, 2023, the defendant committed robberies at Premier Bank in Arlington, Ohio, Old Fort Bank in Bettsville, Ohio, First National Bank of Sycamore in McCutchenville, Ohio, Union Bank Company in Kalida, Ohio, and State Bank and Trust Company in Delta, Ohio.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.
The investigation preceding the indictment was a collaborative effort conducted by the Federal Bureau of Investigation, Findlay Police Department, Putnam County Sheriff’s Office, Kalida Police Department, Seneca County Sheriff’s Office, Delta Police Department, Fulton County Sheriff’s Office, Wyandot County Sheriff’s Office, and the Ohio Bureau of Criminal Investigation. The case is being prosecuted by Assistant United States Attorneys Frank H. Spryszak and Matthew D. Simko.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Jury Convicts Pair of Fraud and Health Care Fraud in ToledoRead the Press Release
TOLEDO, Ohio - First Assistant United States Attorney Michelle M. Baeppler announced that a federal jury convicted Dr. Oliver Jenkins, age 60, and Sherry-Ann Jenkins, age 58, of Jessup, Georgia, of conspiracy, mail fraud, wire fraud, and health care fraud on Friday, March 17, in Toledo, Ohio following a two- week trial before Judge Jack Zouhary.
According to court documents and evidence presented at trial, Dr. Oliver Jenkins, who was an Ear, Nose, and Throat M.D. at the Toledo Clinic, and his wife, Sherry-Ann Jenkins, who had a Ph.D. but was not licensed to practice medicine in Ohio, started a new business called the “The Toledo Clinic Cognitive Center.” The Jenkinses represented to the Toledo Clinic that patients suspected of cognitive disorders, particularly dementia and Alzheimer’s Disease, could come to the Cognitive Center for neurocognitive testing, diagnosis, treatment, and referrals, and that Sherry-Ann Jenkins would administer the neurocognitive testing under the supervision of Dr. Oliver Jenkins. The Jenkinses represented that Dr. Oliver Jenkins would make a diagnosis, and provide medical treatment, or a referral. Instead, the Jenkinses engaged in a scheme to defraud. Dr. Oliver Jenkins never saw or treated patients at the Cognitive Center. Sherry-Ann Jenkins ordered PET scans of patients’ brains, interpreted the scans, diagnosed patients, including a college-aged student, with Alzheimer’s Disease, Dementia, or other impairments, recommended patients take coconut oil to improve memory, and instructed certain patients to see her every 3-6 weeks for the rest of their lives. The Jenkinses billed Cognitive Center patients and health care benefits programs using Dr. Oliver Jenkins’ billing number.
This case was investigated by the Federal Bureau of Investigation in Toledo, Ohio, the United States Department of Health and Human Services, Office of Inspector General in Cleveland, Ohio, the Ohio Attorney General’s Medicaid Fraud Control Unit, and the Ohio State Medical Board. The case is being prosecuted by Assistant U.S. Attorneys Brian McDonough and Robert Melching.
United States Files Complaint Alleging that Rite Aid Dispensed Controlled Substances in Violation of the False Claims Act and the Controlled Substances ActRead the Press Release
WASHINGTON – The Justice Department announced on March 13, 2023, that the United States filed a complaint in intervention in a whistleblower lawsuit brought under the False Claims Act (FCA) against Rite Aid Corporation and various subsidiaries (collectively Rite Aid) alleging that Rite Aid knowingly filled unlawful prescriptions for controlled substances. In addition to alleging claims under the FCA, the government’s complaint also alleges violations of the Controlled Substances Act (CSA). Rite Aid is one of the country’s largest pharmacy chains, with over 2,200 pharmacies in 17 states.
“The Justice Department is using every tool at our disposal to confront the opioid epidemic that is killing Americans and shattering communities across the country,” said Attorney General Merrick B. Garland. “That includes holding corporations, like Rite Aid, accountable for knowingly filling unlawful prescriptions for controlled substances.”
“We allege that Rite Aid filled hundreds of thousands of prescriptions that did not meet legal requirements,” said Associate Attorney General Vanita Gupta. “According to our complaint, Rite Aid’s pharmacists repeatedly filled prescriptions for controlled substances with obvious red flags, and Rite Aid intentionally deleted internal notes about suspicious prescribers. These practices opened the floodgates for millions of opioid pills and other controlled substances to flow illegally out of Rite Aid’s stores.”
“The opioid crisis has exacted a heavy toll on communities across the United States,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s complaint is an important reminder that the Justice Department will hold accountable any individuals or entities, including pharmacies, that fueled this terrible crisis.”
“Pharmacies, physicians, corporations, and other health care entities that have contributed to the proliferation of opioids in our communities and the tragic loss of life from overdose deaths must answer for their role in the crisis we now face,” said First Assistant U.S. Attorney Michelle M. Baeppler for the Northern District of Ohio. “This complaint is a continuation of the Justice Department’s commitment to hold accountable those entities that aggravated and profited from the opioid crisis.”
The government’s complaint alleges that, from May 2014 through June 2019, Rite Aid knowingly filled at least hundreds of thousands of unlawful prescriptions for controlled substances that lacked a legitimate medical purpose, were not for a medically accepted indication, or were not issued in the usual course of professional practice. These unlawful prescriptions included, for example, prescriptions for the dangerous and highly abused combination of drugs known as “the trinity,” prescriptions for excessive quantities of opioids, such as oxycodone and fentanyl, and prescriptions issued by prescribers whom Rite Aid pharmacists had repeatedly identified internally as writing illegitimate prescriptions.
The government alleges that Rite Aid pharmacists filled these prescriptions despite clear “red flags” that were highly indicative that the prescriptions were unlawful. The government further alleges that Rite Aid not only ignored substantial evidence from multiple sources that its stores were dispensing unlawful prescriptions, including from certain pharmacists, its distributor, and its own internal data, but compounded its failure to act by intentionally deleting internal notes about suspicious prescribers written by Rite Aid pharmacists and directing district managers to tell pharmacists “to be mindful of everything that is put in writing.” By knowingly filling unlawful prescriptions for controlled substances, the government alleges that Rite Aid violated the CSA and, where Rite Aid sought reimbursement from federal healthcare programs, also violated the FCA.
Along with Rite Aid Corporation, the government’s complaint names as defendants the following Rite Aid subsidiaries: Rite Aid Hdqtrs, Corp.; Rite Aid of Connecticut, Inc.; Rite Aid of Delaware, Inc.; Rite Aid of Maryland; Rite Aid of Michigan; Rite Aid of New Hampshire; Rite Aid of New Jersey; Rite Aid of Ohio; Rite Aid of Pennsylvania; and Rite Aid of Virginia.
“The action supported today by the Drug Enforcement Administration (DEA) should serve as a warning to those in the pharmacy industry who choose to put profit over customer safety,” said Special Agent in Charge Orville O. Greene of the DEA.
“Pharmacies are required to ensure prescription drugs are only dispensed based on valid prescriptions,” said Special Agent in Charge Maureen Dixon of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG). “Prescriptions which are not medically necessary, and not for a medically accepted indication, will not be paid for by Medicare and Medicaid. HHS-OIG will continue to work with our law enforcement partners and the Department of Justice’s Civil Division to recover improperly paid funds through the FCA.”
Whistleblowers Andrew White, Mark Rosenberg, and Ann Wegelin, who all previously worked for Rite Aid at various pharmacies, filed an action in October 2019 under the qui tam provisions of the FCA. Those provisions authorize private parties to sue on behalf of the United States for false claims and share in any recovery. The Act permits the United States to intervene and take over the lawsuit, as it has done here in part. Those who violate the Act are subject to treble damages and applicable penalties.
The case is captioned United States ex rel. White et al. v. Rite Aid Corp., et al., No. 1:21-cv-1239 (N.D. Ohio).
The United States’ intervention in this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the FCA. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
This matter is being handled by the Civil Division’s Commercial Litigation Branch (Fraud Section) and the U.S. Attorney’s Office for the Northern District of Ohio. The DEA Cleveland Field Division, FBI Cleveland Field Office, and HHS-OIG provided substantial assistance in the investigation.
The United States is represented in this matter by Senior Trial Counsel Christopher Wilson of the Civil Division’s Fraud Section and Assistant U.S. Attorneys Patricia Fitzgerald and Elizabeth Berry for the Northern District of Ohio.
The Justice Department is committed to holding responsible those who have fueled the opioid crisis by violating the law.
Last week, the Associate Attorney General announced the creation of the Opioid Epidemic Civil Litigation Task Force, which formalizes and enhances coordination of the Department’s existing work and will consider new initiatives. Because of the scope and duration of the crisis, the Task Force includes U.S. Attorneys’ Offices, the Civil Division’s Consumer Protection Branch and Commercial Litigation Branch (Fraud Section), the Drug Enforcement Administration, and other Department components.
The Task Force will steer the Department’s civil litigation efforts involving actors alleged to have contributed to the opioid epidemic, including by diverting prescription opioids.
The claims asserted against defendants are allegations only and there has been no determination of liability.
Akron Man Charged with Conspiracy to Defraud the United StatesRead the Press Release
AKRON - Romeo Travis, 39, of Akron, Ohio, was charged by way of information on one count of conspiracy to defraud the United States and one count of wire fraud. The information alleges that Travis impeded, impaired, and obstructed the lawful government functions of the Internal Revenue Service of the Department of the Treasury in computing, assessing, and collecting his individual income taxes. The information further alleges that, with Travis’ knowledge and consent, his professional sports agent altered Travis’ basketball contracts with overseas teams by understating his income, prior to sending those contracts to Travis’ tax preparer. As a result, Travis reduced his tax liability. The wire fraud count alleges that the false tax returns from the above scheme, that falsely under-reported Travis’ income, were used to reduce Travis’ child support payments to an unidentified individual as managed by the Stark County Child Support Enforcement Agency.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the information was conducted by the Internal Revenue Service, Criminal Investigation Division. The case is being prosecuted by Senior Litigation Counsel for Tax, Robert J. Patton.
A information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial during which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Toledo Man Sentenced to More Than 23 Years in Prison for Role in Drug Trafficking Conspiracy and Illegal Possession of FirearmRead the Press Release
TOLEDO – A Toledo man was sentenced to spend more than 23 years – or 280 months – in prison by U.S. District Judge Jack Zouhary on Feb. 8, 2023, after he pleaded guilty to multiple charges stemming from his role in a Toledo-area drug trafficking conspiracy.
Jackie Green, 53, pleaded guilty in July 2022 to conspiracy to possess with intent to distribute controlled substances, distribution of controlled substances, and being a felon in possession of a firearm.
According to court documents, beginning in December 2019, Green and more than 20 other co-conspirators conspired together to traffic large amounts of fentanyl, crack cocaine, and cocaine in the Toledo area. Court documents say that Green received large amounts of drugs from various suppliers and then further distributed those drugs to others.
Court records show that members of the conspiracy used cell phones and code words to conceal their activity and multiple residences in the Toledo area to store, break down, package, and distribute their narcotics and proceeds. Furthermore, court documents state that Green used various vehicles to transport and deliver the narcotics that he sold.
In September 2020, Green was found by law enforcement authorities to be in possession of a firearm. Green was prohibited from possessing a firearm due to multiple previous drug trafficking convictions in the Lucas County Court of Common Pleas.
On December 16, 2020, federal, state, county, and local law enforcement authorities participated in a wide-ranging takedown operation of 24 individuals involved in the drug trafficking conspiracy.
This effort was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. 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.
This case was investigated by the FBI Safe Streets Task Force, Toledo Metro Drug Task Force, and the Northwest Ohio Interdiction Task Force.
The FBI Safe Streets is comprised of the FBI, Toledo Police Department, Sylvania Township Police Department, and the Oregon Police Department. The Toledo Metro Drug Task Force is comprised of the FBI, Toledo Police Department, Bureau of Criminal Investigations, Lucas County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The Northwest Ohio Interdiction Task Force is comprised of the FBI, Toledo Police Department, and the Lucas and Wood County Sheriff’s Offices.
This case was prosecuted by Assistant U.S. Attorneys Alissa M. Sterling, Robert N. Melching, and Sara A. Al-Sorghali.
Parma Man Sentenced to Prison for Conspiracy to Commit Arson During May 30, 2020, Demonstrations and Unrest in Downtown ClevelandRead the Press Release
CLEVELAND – A Parma man was sentenced today to 24 months in prison by U.S. District Judge Donald C. Nugent after he pleaded guilty to conspiracy to commit arson related to the destruction of a parking booth during the May 30, 2020, demonstrations and civil unrest in downtown Cleveland.
According to court documents, on May 30, 2020, Seth Calig, 51, and other co-conspirators set fire to the Shaia & PPR parking booth on West 3rd Street. Court documents state that during demonstrations and civil unrest in downtown Cleveland, Calig and others gathered around the parking booth, ignited a roll of paper towels and cardboard with a lighter, and placed it inside the booth. As a result of their actions, court documents state that Calig and the others caused significant physical damage to the parking booth.
In addition to the prison sentence, Judge Nugent ordered Calig to pay $220 dollars in restitution and recommended he undergo 500 hours of a residential drug abuse program.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Cleveland Division of Police. This case was prosecuted by Assistant U.S. Attorney Kelly L. Galvin.
Customer Service Rep Charged with Stealing over $1.1 Million from Bank CustomersRead the Press Release
CLEVELAND – A federal grand jury has returned a sixteen-count indictment charging Ashley Miller, 36, of Akron, Ohio, with four counts of mail fraud, four counts of wire fraud, four counts of bank fraud, and four counts of aggravated identity theft related to her involvement in a scheme to steal approximately $1.1 million from U.S. Bank customers.
According to court records, from May 2021 to October 2021, the defendant was employed as a customer service agent for Dial American, a third-party vendor for U.S. Bank contracted to do various customer service duties over the telephone.
Court documents state that during this timeframe, Miller allegedly devised a scheme to obtain funds from U.S. Bank customers by changing an account holder’s original mailing address for debit cards issued by U.S. Bank, causing debit cards to be mailed to a residential address in Akron owned by the defendant.
It is alleged that the defendant then used these debit cards for personal use by making fraudulent withdrawals from various ATMs. In total, court documents state that Miller compromised approximately 299 accounts for about $1,118,391.82.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum; in most cases, it will be less than the maximum.
This investigation was conducted by the United States Secret Service (USSS) and the Fairlawn (OH) Police Department. This case is being prosecuted by Assistant U.S. Attorney Bryson N. Gillard.
Canton Gambling Business Co-Owner Sentenced to Prison for Tax Fraud ConspiracyRead the Press Release
CLEVELAND – A Canton woman was sentenced to 24 months in prison on Wednesday, Feb. 15, 2023, by U.S. District Judge Donald C. Nugent after pleading guilty to conspiring to defraud the IRS in connection with her ownership and operation of illegal gambling businesses in the Canton, Ohio area.
According to court documents and statements made in court, from 2009 through 2018, Rebecca Kachner, along with other co-conspirators, owned and operated two illegal gambling businesses in the Canton area, namely Skilled Shamrock and Redemption.
As part of the guilty plea, Kachner admitted to conspiring with the other owners to defraud the IRS by filing false tax returns that omitted cash income she received from the operation of the illegal gambling businesses. Kachner also admitted to attempting to hide substantial portions of her unreported cash income. Court documents say that in January 2018, Kachner rented a locker at a local YMCA and stored $241,266 of her illegal gambling proceeds. Law enforcement authorities seized that currency during the investigation.
In addition to the prison sentence, Judge Nugent ordered Kachner to forfeit the $241,266 recovered from the locker and to pay $1,184,668.37 in restitution to the IRS for individual income taxes and interest owed between tax years 2012 and 2017.
This case was investigated by IRS Criminal Investigation (CI), U.S. Department of Treasury, Office of the Inspector General (OIG), and the Ohio Casino Control Commission. U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and an Investigator from the Stark County Prosecutor’s Office provided substantial assistance in the investigation.
This case was prosecuted by Assistant United States Attorneys Robert Patton, David Toepfer, and Aaron Howell of the U.S. Attorney’s Office for the Northern District of Ohio, along with Trial Attorneys Richard Rolwing and Sam Bean of the Department of Justice Tax Division.
Two Euclid Men Charged with Stealing COVID-19 Pandemic Unemployment Insurance BenefitsRead the Press Release
CLEVELAND – A federal grand jury has returned a thirteen-count indictment charging Robert Nathaniel Andre Thomas III, 24, and Montareo Banks, 24, both of Euclid, Ohio, with engaging in a conspiracy to steal approximately $44,000 in pandemic unemployment insurance benefits from the federal government and the States of Ohio, Arizona, California, and New Jersey.
Thomas and Banks are charged in the indictment with one count of conspiracy to commit mail fraud and wire fraud, two counts of mail fraud, five counts of wire fraud, and five counts of aggravated identity theft.
According to the indictment, from May through November 2020, the defendants and their co-conspirators are accused of engaging in a conspiracy to fraudulently obtain COVID-19 pandemic unemployment insurance benefits. These benefits were provided via the Department of Labor (DOL) to State Workforce Agencies under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act of 2020.
The indictment alleges that as part of their scheme, the defendants and their co-conspirators knowingly made false statements and omissions regarding employment history, residency, and other information on applications for pandemic unemployment insurance benefits to the Ohio Department of Job and Family Services (ODJFS), Arizona Department of Economic Security (DES), California Employment Development Department (EDD), and the New Jersey Disaster Unemployment Assistance (DUA).
Court documents state that as a result of the scheme, the defendants and their co-conspirators received approximately $40,000 in pandemic unemployment insurance benefits to which they were not entitled.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum; in most cases, it will be less than the maximum.
This case was investigated by the Cleveland FBI and the Department of Labor. This case is being prosecuted by Assistant U.S. Attorney Bryson N. Gillard.
North Royalton Man Charged with Defrauding Victims Out of More Than $800k in Investment Fraud SchemeRead the Press Release
CLEVELAND - A federal grand jury has returned a one-count indictment charging Paul Lebo, 40, of North Royalton, Ohio, with wire fraud related to an alleged investment fraud scheme.
According to court documents, from April 2017 to October 2021, the defendant is accused of devising a scheme to defraud approximately 99 victim investors out of more than $800,000.
As part of the scheme, court documents say that the defendant solicited and accepted deposits from victim investors purportedly for deposits on future equity ownership in the defendant’s hedge fund, Paul Kimmins Investments (PKI), LP, as well as for investment into various options trades. However, court records state that the defendant used investor funds for personal expenses and to repay earlier investors.
According to court records, the PKI hedge fund was insolvent, and the defendant took steps to conceal the alleged misuse of investor funds from investors by using shell companies with no legitimate operations or assets, making false statements to victims about the status of their investment, and using funds from his relatives and new investor funds, without permission or authorization, to repay prior victims.
In total, the indictment alleges that the defendant caused approximately $800,124.86 in losses to victim investors, utilized approximately $49,630 in funds from relatives to repay individuals who invested or loaned money to the defendant, and accepted approximately $18,565 from seven different victims for the purported “sale” of the same item that the defendant never delivered.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal record, if any; the defendant’s role in the offense; and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum; in most cases, it will be less than the maximum.
This case was investigated by the Cleveland Division of the FBI. This case is being prosecuted by Assistant United States Attorney Erica D. Barnhill.
Cleveland Man Charged with Stealing 30 Firearms from Store in AkronRead the Press Release
AKRON – A federal grand jury returned a one-count indictment charging Zaveeyon Teasley, age 20, whose last known address was in Cleveland, Ohio, with stealing 30 firearms from a licensed firearms dealer in Akron.
According to court documents, on Nov. 3, 2022, the defendant allegedly drove a stolen vehicle through the storefront of a licensed federal firearms dealer in Akron. Court documents state that the defendant and two other co-conspirators then stole 30 firearms from the store. After the incident, law enforcement authorities responded and began an investigation into the matter and soon identified the defendants as having been involved in the theft.
On Jan. 11, 2023, court records say that law enforcement authorities executed a search warrant at the defendant’s Cleveland-area residence pursuant to their investigation. During the search of the residence, it is alleged that authorities obtained items linking the defendant to the firearms theft in Akron. Court documents show that the defendant was arrested later that day.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum; in most cases, it will be less than the maximum.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Bath Police Department, and the Cleveland Police Department. This case is being prosecuted by Assistant United States Attorney Peter E. Daly.
Cleveland Man Charged with Distributing Fentanyl that Led to Death of Three in Northern OhioRead the Press Release
CLEVELAND – Reyes John Sanchez-Borrero, 37, of Cleveland, Ohio, was charged today in a five-count superseding indictment with distributing fentanyl that led to the death of three people in Northern Ohio.
According to court documents, on May 4, 2022, Sanchez-Borrero sold fentanyl to two individuals in Cleveland. Both of those individuals then overdosed and died from the fentanyl they obtained from Sanchez-Borrero.
On May 10, 2022, law enforcement executed a search warrant at Sanchez-Borrero’s residence in Cleveland and recovered firearms and ammunition. Sanchez-Borrero is prohibited from possessing a firearm or ammunition due to previous felony convictions of drug trafficking, aggravated robbery, attempted murder, and felonious assault, all in the Cuyahoga County Court of Common Pleas.
Then on July 18, 2022, Sanchez-Borrero is accused of selling fentanyl to a third individual in Cleveland. That individual also overdosed and died from the fentanyl they had obtained from Sanchez-Borrero.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum; in most cases, it will be less than the maximum.
This investigation was conducted by the Cleveland Division of Police, with assistance from the Cleveland Division of the FBI, Drug Enforcement Administration (DEA), and the Cuyahoga County Medical Examiner’s Office. This case is being prosecuted by Assistant U.S. Attorney James P. Lewis.
Strongsville Man Sentenced to Four Years in Prison for Attempted Tax Evasion and Criminal Contempt of CourtRead the Press Release
CLEVELAND – Douglas Smith, 68, of Strongsville, Ohio, was sentenced on Tuesday, Feb. 7, 2023, to four years in prison by U.S. District Judge Dan Aaron Polster after a federal jury convicted him in October 2022 of attempted tax evasion.
Judge Polster sentenced Smith to serve 41 months in prison for the attempted tax evasion conviction and seven months for criminal contempt of court. In addition to the prison sentence, Smith was ordered to pay $726,976.25 restitution and a $19,000 fine for criminal contempt.
According to court documents and evidence presented during the trial, Smith, a licensed dentist in the State of Ohio, attempted to evade paying income taxes for the tax years 2004 to 2012. As part of his efforts, Smith placed his assets, including a home in Columbia Station, into a trust, purchased gold bars and coins, and filed for bankruptcy. Additionally, from 2014 to 2017, Smith again attempted to evade paying income taxes by depositing his paychecks in the bank account of a second holding trust.
During the trial, evidence was presented that showed Smith failed to file an income tax return since 1992 and owed more than $490,000 in back taxes and penalties to the IRS. Court records state that in April 2008 and March 2009, the IRS notified Smith of its intent to collect taxes owed that Smith had failed to pay. Around 2006, Smith began to transfer his assets into a trust that he controlled to evade the collection of taxes and payment of his mortgage.
In October of 2010, court records say that the IRS filed with the Lorain County Recorder’s Office a tax lien against Smith, his trust, and its trustee. In August of 2011, the IRS again sent Smith a letter notifying him that their next action was to recommend administrative seizure and sale of any of his assets to satisfy the federal tax liens.
In January 2012, federal authorities seized approximately $250,000 in cash, gold bars, and gold and silver coins from Smith’s Columbia Station home for non-payment of income taxes to satisfy federal tax liens. After the seizure, Smith purported to transfer all his assets, including his Columbia Station home, to a second trust to defeat collection efforts and avoid foreclosure of his home.
Court documents show that the IRS continued to attempt to collect unpaid income tax from Smith and, around December 2015, served a levy on Smith’s employer. Smith then filed for bankruptcy and made false statements about his assets to shield them from IRS collection actions.
This case was investigated by IRS Criminal Investigations (CI) and was prosecuted by Assistant U.S. Attorney Robert J. Patton.
Toledo Man Sentenced to More Than 16 Years in Prison for Armed Bank Robbery, Carjacking, and EscapeRead the Press Release
TOLEDO – Don Woodson Ellis, 32, of Toledo, Ohio, was sentenced to more than 16 years in prison – or 201 months – by U.S. District Judge Jeffrey J. Helmick on Thursday, Feb. 2, 2023, after he pleaded guilty to using a firearm to steal a vehicle, rob a bank, possessing a firearm as a felon, and escape from jail.
According to court documents, on Aug. 13, 2018, Ellis used a firearm to steal a vehicle from a victim in the parking lot of a Toledo-area gas station. Later that day, court documents say Ellis entered a Fifth Third Bank on Glendale Ave in Toledo, demanded money from a bank employee, and fled the area in a vehicle.
Toledo police later located and arrested Ellis. Police identified the vehicle Ellis was driving as the vehicle stolen from the victim earlier in the day and located stolen money from the bank and a handgun inside.
Ellis is prohibited from possessing a firearm due to a previous felony conviction of bank robbery in Monroe County Michigan.
While incarcerated at the Lucas County Corrections Center, court documents state that Ellis convinced another inmate to switch identities with him and was released within days of his arrest due to the deception. Court records show that Ellis was apprehended by law enforcement days later in Michigan.
This case was investigated by the Cleveland FBI, Toledo Resident Agency and the Toledo Police Department. This case was prosecuted by Assistant U.S. Attorney Matthew Simko.
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Three Northeast Ohio Men Plead Guilty to Armed Carjacking SpreeRead the Press Release
CLEVELAND – Three Northeast Ohio men pleaded guilty on Friday, Feb. 3, 2023, to three separate armed carjacking incidents that occurred in a single day on Aug. 9, 2022.
Donteze Congress 18, of Maple Heights, Ohio, pleaded guilty to three counts of carjacking and two counts of possession of a firearm in furtherance of a crime of violence.
Thomas J.D. Williams, 18, of Maple Heights, Ohio, pleaded guilty to three counts of carjacking and two counts of possession of a firearm in furtherance of a crime of violence.
Kenneth Franklin, 19, of Akron, Ohio, pleaded guilty to three counts of carjacking and two counts of aiding and abetting possession of a firearm in furtherance of a crime of violence.
According to court documents, on three separate occasions on August 9, 2022, defendants Congress, Williams, Franklin, and a minor co-conspirator used firearms and threats of violence to steal a vehicle. During two of the armed carjacking incidents, court documents say that the defendants, riding together in a vehicle, intentionally crashed their vehicle into the rear of a victim vehicle to cause a minor traffic incident. In the third incident, the defendants followed the victim’s vehicle to a shopping center parking lot.
Court documents state that on each occasion, as the victim exited their vehicle, they were confronted by one or two of the defendants brandishing firearms, threatening violence, and demanding the keys to the vehicle. During each incident, the defendants stole the vehicle and fled the scene.
Later that day, court documents state that officers with the Solon Police Department, along with assistance from other jurisdictions, located Williams driving in one of the stolen vehicles. Williams was later arrested and found to be in possession of a victim credit card and a loaded pistol.
Defendant Williams is scheduled to be sentenced on May 8, 2023. Defendant Congress is scheduled to be sentenced on May 9, 2023. Defendant Franklin is scheduled to be sentenced on May 22, 2023.
This case was investigated by the Cleveland FBI, Solon Police Department, Cuyahoga Falls Police Department, Streetsboro Police Department, and the Garfield Heights Police Department.
This case is being prosecuted by Assistant United States Attorneys Peter E. Daly and Christopher J. Joyce.
Hudson Physician Sentenced to Prison and Ordered to Pay $2.1 Million in Restitution for Role in Prescription Drug Kickback ConspiracyRead the Press Release
AKRON – Deepak Raheja, 66, of Hudson, Ohio, was sentenced today to 30 months in prison by U.S. District Judge Sara Lioi after he pleaded guilty to his role in a pharmaceutical kickback conspiracy. In addition to the prison sentence, Raheja was ordered to surrender his medical license, pay $2,163,995 in restitution, and a $50,000 fine.
According to court documents, between February 2011 and July 2016, Raheja and co-defendants Frank Mazzucco, Gregory Hayslette, and Bhupinder Sawhny conspired together to increase the number of prescriptions that Raheja and Sawhny wrote for Nuedexta, a prescription drug, in exchange for the payment of monetary kickbacks and other items of value.
Court records say that Mazzucco and Hayslette were employed as pharmaceutical sales representatives by Avanir Pharmaceuticals in the region where Raheja and Sawhny practiced. Avanir Pharmaceuticals manufactured Nuedexta, a drug approved by the FDA solely to treat pseudobulbar (PBA). PBA is a condition characterized by involuntary, sudden, and frequent episodes of uncontrollable laughing and crying.
According to court records, Avanir promoted Nuedexta through a speaker’s bureau, in which Avanir representatives engaged doctors to speak about and promote Nuedexta to other medical professionals. Typical speaking engagements involved dinner at a high-end restaurant in which the doctor made a presentation with a slide deck provided by Avanir. An Avanir sales representative was responsible for inviting attendees and attending the presentation.
Court documents state that Raheja joined Avanir’s speaker’s bureau in February 2011 and gave approximately 211 speaking presentations at various restaurants and doctor’s offices between October 2011 and April 2016. For each of these purported presentations, court documents claim that Raheja received approximately $1,500.
During this timeframe, court documents say that Raheja received approximately $331,550 in total payments from Avanir and wrote approximately 10,088 Nuedexta prescriptions – the highest in the country.
As part of the conspiracy, Mazzucco and Hayslette incentivized physicians, including Raheja and Sawhny to write Nuedexta prescriptions through various means, such as arranging speaker’s bureau programs, which were mostly social events; honoraria payments; the falsification of sign-in sheets from speaking engagements to maximize payments and providing food and beverages to doctors and their office staff.
Court documents explain that Raheja and Sawhny took steps in return for these things of value, including writing more Nuedexta prescriptions; causing the submission of billings to Medicare and Medicaid for Nuedexta prescriptions for patients that did not have PBA; falsely diagnosing patients with PBA and recording fictitious symptoms in patient records to support a diagnosis of PBA.
Mazzucco and Hayslette are both scheduled to be sentenced in February 2023 for their roles in the scheme. Sawhny was sentenced to serve three years’ probation and pay $40,126.22 in restitution for his role in the scheme.
This case was investigated by the Cleveland FBI, the Office of Inspector General (OIG) for the United States Department of Health and Human Services (HHS), and the Ohio Attorney General’s Healthcare Fraud Section.
This case was prosecuted by Assistant U.S. Attorneys Michael L. Collyer and Megan R. Miller.
Honduran National Charged with Transporting Illegal AliensRead the Press Release
TOLEDO – A federal grand jury has returned a three-count indictment charging Nestor Alfredo Figueroa-Murillo, 29, of Honduras, with three counts of transporting illegal aliens unlawfully in the United States.
According to court documents, on Jan. 24, 2023, Border Patrol Agents performing patrol duties near a Service Plaza on the Ohio Turnpike in Sandusky County, Ohio, pulled over a vehicle driven by Figueroa-Murillo and discovered that he was transporting six other people inside the vehicle who were illegally inside the United States without authorization. Court documents state that agents then began an investigation into the matter and determined that the six people found inside the vehicle had been illegally transported into the United States.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum; in most cases, it will be less than the maximum.
This investigation was conducted by the United States Border Patrol and is being prosecuted by Assistant U.S. Attorneys Robert N. Melching and Frank Spryszak.
Cleveland Heights Man Sentenced to Prison for Role in Conspiracy that Stole and Resold VehiclesRead the Press Release
AKRON – Hakim Benjamin, 21, of Cleveland Heights, Ohio, was sentenced today by U.S. District Judge Sara Lioi to 27 months in prison after he pleaded guilty to his role in a conspiracy to steal, receive, and sell stolen vehicles.
According to court documents, from December 2021 to February 2022, Benjamin was part of a conspiracy that stole vehicles from car dealerships in Michigan and transported them to be resold in the Northern District of Ohio. Court documents state that Benjamin and his co-defendants targeted specific vehicles to steal and purchase, including the Dodge Durango, Dodge Ram TRX, Dodge Hellcat, Audi 8, and others.
Also charged in this matter as co-defendants are Jaylen Harris, Lavelle Jones, and Devin Rice. Harris, Jones, and Rice were charged in an indictment in June 2022. The case involving the co-defendants remains ongoing.
In addition to the prison sentence, Judge Lioi ordered Benjamin to pay $1,203,445 in restitution to be paid jointly with other defendants.
This case was investigated by the Cleveland FBI, United States Postal Inspection Service (USPIS), Ohio State Highway Patrol, Ohio Bureau of Motor Vehicles, Cuyahoga County Criminal Investigators, Beachwood Police Department, and the Shaker Heights Police Department.
This case was prosecuted by Assistant U.S. Attorneys Kathryn G. Andrachik and Jason W. White.
Niles Physician Pleads Guilty to Illegally Prescribing Controlled Substances and Healthcare FraudRead the Press Release
CLEVELAND – Jeffrey Sutton, 65, a physician who practiced in Niles, Ohio, until early 2022, pleaded guilty in federal court on Monday, Jan. 30, 2023, to 31 counts of illegally prescribing patients opioids and other controlled substances, one count of illegally distributing controlled substances, and 20 counts of healthcare fraud.
According to court documents, from January 2015 through January 2022, Sutton knowingly prescribed medically unnecessary controlled substances to patients outside of the usual course of professional practice and without a legitimate medical purpose. In doing so, court documents state that Sutton caused health care benefit programs to be fraudulently billed for both office visits and the controlled substances.
As part of his conduct, court documents state that Sutton prescribed opioid medications to patients for extended periods, including for over a decade, with little change in regimen and despite knowing that the opioid therapy treatment had failed. Court documents go on to state that Sutton also prescribed short-acting opioid therapy medications to patients for extended periods without establishing treatment goals, pain diagnoses, accurate examinations, and either without any medical imaging or with medical imaging that could not justify the opioid prescribing.
Court records show that, among his patients, Sutton escalated opioid dosages to extreme levels, sometimes increasing the dosage by more than 1,000% and sometimes prescribing more than 22 times the level of opioids that th U.S. Centers for Disease Control and Prevention identified as posing a risk of overdose requiring increased scrutiny. Sutton combined those opioids with other medications like benzodiazepines, a combination that has been known to cause serious risks of slowed or difficult breathing, coma, and death. Sutton also ignored documented behaviors that indicated patients were abusing or diverting prescribed controlled substances or abusing non-prescribed controlled substances like cocaine and fentanyl.
In addition, Sutton admitted that he ignored warnings provided by prescription drug management organizations, insurance carriers, and state authorities about his high prescribing and danger to patients. He also admitted to ignoring and choosing not to act on patient requests to lower dosages.
Sutton also admitted to engaging in sexual acts with patients to whom he directly prescribed controlled substances, including during office visits. He also admitted to delivering dozens of oxycodone pills to the home of a patient with whom he was engaged in a sexual relationship, outside the course of treatment and without a valid prescription.
Finally, Sutton also pleaded guilty to fraudulently causing healthcare benefit programs to pay for patients to receive the medically unnecessary controlled substances and office visits that Sutton required patients to attend to obtain those prescriptions.
Federal investigators are asking anyone who would like to alert investigators to experiences or observations of Jeffrey Sutton’s practice of medicine or other issues to contact the Cleveland FBI at 216-583-5353.
Sutton is scheduled to be sentenced on May 23, 2023.
This case was investigated by the Cleveland FBI, Drug Enforcement Administration (DEA), Department of Health and Human Services Office of the Inspector General (HHS OIG), and the State of Ohio Board of Pharmacy. This case is being prosecuted by Assistant U.S. Attorney Elliot Morrison.
Co-Owner of Binary Options Company Sentenced to Prison for Tax EvasionRead the Press Release
TOLEDO – Jared Davis, the co-owner of a binary options company headquartered in Sandusky, Ohio, was sentenced to 30 months in prison on Friday, Jan 27. 2023, by U.S. District Judge Jack Zouhary after Davis pleaded guilty to multiple counts of tax evasion.
According to court documents, between 2012 and 2016, Davis and his business partner ran a binary options investment scheme that regularly committed fraud. One of the multiple entities involved was Erie Marketing LLC, which was headquartered in Sandusky, Ohio. The options businesses used various trade names, including OptionMint, OptionKing, and OptionQueen.
A binary option is a concept in which an investor seeks a future payout based on the future price of a given security or commodity. Binary options are sometimes traded on regulated exchanges that match two investors, one who believes the price of the asset will go up and the other who believes it will go down.
Court documents state that Davis and his partner used call centers, including those run by Erie Marketing LLC, to solicit individual investors in the scheme to deposit money, often through credit cards, into foreign bank accounts that they controlled. Court documents state that Davis used this money to pay expenses, which included employee salaries, facility fees, fees to the companies that supplied the trading platforms on which the options businesses operated, and internet marketing services.
As part of the scheme, Davis created several shell companies and used a network of foreign nationals and foreign bank accounts to receive credit card payments. Court documents state that Davis and his partner ultimately controlled this process and would eventually repatriate the money to a local Ohio bank, using it to pay employees and other expenses.
Davis pleaded guilty in April 2022 to tax evasion after he failed to file personal tax returns for tax years 2014, 2015, and 2016. According to court documents, Davis had a substantial additional tax due and owing for each of 2014, 2015, and 2016 as a result of the options scheme and made numerous attempts to avoid the payment of taxes.
Judge Zouhary also sentenced Erie Marketing, LLC, to serve three years’ probation and to pay a fine of $4.4 million and restitution to all identified victims (a total the United States expects to be approximately $650,000). Further, Judge Zouhary sentenced Davis to 30 months in prison, a fine of $300,000, restitution to the IRS, three years of supervised release, and to be jointly and severally liable for the debts of Erie Marketing, LLC.
The exact restitution will be determined at a later date, but the United States expects that all known victims will be fully repaid from funds already collected.
This case was investigated by IRS Criminal Investigation (CI) and the Cleveland FBI. This case was prosecuted by Assistant U.S. Attorneys Segev Phillips, Brian McDonough, and Gene Crawford, with guidance from Assistant U.S. Attorney Suzana Koch of the Financial Litigation Program and Victim Witness Specialists Allison Kretz and Gail Hollis.
New Franklin Man Charged with Attempt to Engage in Sexual Activity with Minor and Child PornographyRead the Press Release
AKRON – A federal grand jury returned a three-count indictment charging Kevin Lewis Hedrick, 37, of New Franklin, Ohio, with attempting to coerce or entice a minor to engage in sexual activity and receiving and viewing child pornographic images.
According to the indictment, from August to October 2022, Hedrick used a cell phone in an attempt to coerce or entice a purported 14-year-old girl to engage in sexual activity with him through an adult intermediary. According to the indictment, the intermediary was an undercover officer posing as the mother of the child.
In addition, Hedrick is also charged with receiving and accessing numerous files of child pornography with an intent to view, including at least one image involving a minor under the age of 12.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum; in most cases, it will be less than the maximum.
This investigation was conducted by the Cleveland FBI, Akron Resident Agency. This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik.
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Man Charged with Immigration Fraud for Concealing War Crime Charge in CroatiaRead the Press Release
An Ohio man was arraigned today on criminal charges related to his alleged false statements to U.S. immigration and law enforcement officials about his military service and involvement in a politically and ethnically-motivated attack on civilians in Croatia during the civil war in the former Yugoslavia in the 1990s.
According to the indictment unsealed today, Jugoslav Vidic, 55, of Parma Heights, allegedly made multiple false statements in his successful application to become a lawful permanent resident, including falsely stating that his only past military service was in the Yugoslav Army from 1988 to 1989 and omitting his service in the Serb Army of Krajina and its predecessors from 1991 to 1995. The indictment alleges Vidic falsely stated that he had never been charged with breaking any law even though he had been convicted in absentia in 1998 of a war crime in Croatia, and falsely stated that he had never participated in killing a person because of ethnic origin or political opinion. Vidic also allegedly participated in an attack by ethnic Serb military forces in September 1991 in which Vidic singled out and took away at gunpoint a Croatian civilian who had recently shaken hands with Croatia’s then-president, Franjo Tudjman, who supported Croatian independence from Yugoslavia. The victim was never seen alive again and his body was later exhumed from a mass grave.
Vidic immigrated to the United States as a refugee in 1999. His application to become a lawful permanent resident was approved in 2005. Vidic is also accused of lying to law enforcement agents in 2017 when questioned about his immigration application. Vidic is charged with one count of possessing a green card that was procured by means of materially false statements and one count of making false statements to a federal agent. If convicted, he faces a maximum penalty of 10 years in prison for the first charge and a maximum penalty of five years in prison for the second.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, First Assistant U.S. Attorney Michelle M. Baeppler for the Northern District of Ohio, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, Special Agent in Charge Gregory D. Nelsen of the FBI Cleveland Field Office, Acting Executive Associate Director Steve Francis of Homeland Security Investigations (HSI), and Special Agent in Charge Angie Salazar of the HSI Detroit Field Office made the announcement.
HSI and the FBI are investigating the case with coordination provided by the Human Rights Violators and War Crimes Center (HRVWCC), including the FBI’s International Human Rights Unit (IHRU). The Department of Justice thanks the Ministry of the Interior and the Ministry of Justice and Public Administration of the Republic of Croatia, which were both instrumental in furthering this investigation.
Trial Attorney Patrick Jasperse of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorneys Matthew W. Shepherd and Jerome J. Teresinski for the Northern District of Ohio are prosecuting the case. The Justice Department’s Office of International Affairs also provided assistance.
Members of the public who have information about human rights violators in the United States are urged to contact U.S. law enforcement through the HSI tip line at 1-866-DHS-2-ICE (1-866-347-2423) or its online tip form at https://www.ice.gov/webform/ice-tip-form or the FBI tip line at 1-800-CALLFBI (1-800-225-5324) or its online tip form at https://tips.fbi.gov/.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Youngstown Area Attorney Convicted of Participating in Scheme to Steal More Than $1.3 Million from IRSRead the Press Release
YOUNGSTOWN – A federal jury today found Robert J. Rohrbaugh, 49, of Canfield, Ohio, guilty of engaging in a conspiracy to help two men illegally obtain more than $1.3 million from the IRS following a six-day trial before U.S. District Judge Benita Y. Pearson in Youngstown.
Rohrbaugh was convicted of conspiracy to commit offenses against the United States, aiding and abetting theft of government property, aiding and abetting false claims against the United States, and conspiracy to commit money laundering.
According to court documents and evidence presented at trial, Rohrbaugh, a Youngstown-area attorney, assisted co-conspirators Brandon Mace and Terris Chanley Baker with obtaining a tax refund check for a fictitious business in the amount of $1,352,779.
Court documents state that in early 2015, Mace and Baker obtained a bogus tax refund check for a fictitious business by using fabricated tax forms and listing false taxes and expenditures that showed significant tax overpayments. After obtaining the refund check, Mace and Baker then contacted and worked with Rohrbaugh to deposit the check in accounts owned by the defendants.
During the trial, prosecutors presented evidence that Rohrbaugh assisted Mace and Baker with the scheme even though he was aware that the two had obtained the refund from an illegitimate business based on false tax returns.
According to court documents, after cashing the refund check, Mace and Baker attempted to launder the money by purchasing several high-end and luxury vehicles. In addition, evidence showed that Mace and Baker used $150,000 of the refund check to pay Rohrbaugh for his services.
Co-defendant Brandon Mace pleaded guilty in September 2020 to his role in the scheme, and co-defendant Terris Chanley Baker was convicted by a jury for his role in April 2022.
Rohrbaugh is scheduled to be sentenced on May 16, 2023.
This case was investigated by IRS Criminal Investigation (CI). This case is being prosecuted by Assistant U.S. Attorneys Megan R. Miller and Erica D. Barnhill.
Two Cleveland Men Sentenced to Prison for Using a Firearm in Connection with a Carjacking in ElyriaRead the Press Release
CLEVELAND – A Cleveland man was sentenced to 13 ½ years in prison on Wednesday, Jan. 18, 2023, by U.S. District Judge John R. Adams for his role in an armed carjacking that occurred at an Elyria-area gas station on Jan. 27, 2022.
“Federal, state, and local law enforcement are focused on carjacking and those committing this crime,” said First Assistant U.S. Attorney Michelle M. Baeppler. “We will continue to prosecute and seek lengthy sentences because of the risk to human life this crime creates.”
“Carjacking is a cowardly crime that can occur anytime and anywhere-- including broad daylight, busy areas, or seemingly well-protected points of interest. Sadly, everyone can be a target,” said Cleveland FBI Special Agent in Charge Gregory Nelsen. “This sentence reflects the severity of the crime and the commitment of the FBI, along with our federal, state, and local partners, to lessen the potential of future carjacking offenses.”
According to court documents, on Jan. 27, 2022, Trayqwan Dunlap, 20, and Clinton Lindsey, 25, both of Cleveland, Ohio, approached a victim at a gas station in Elyria, brandished a firearm, and threatened to harm the victim. Court documents state that the defendants then entered the vehicle and fled.
Elyria Police Officers responded and located the stolen vehicle traveling at a high rate of speed. Officers then observed the vehicle enter the downtown Elyria area and crash into a pillar. Dunlap and Lindsey then exited the vehicle and fled from the scene on foot. Court documents state that police officers later apprehended Dunlap and Lindsey and located a semiautomatic pistol in the stolen vehicle.
Clinton Lindsey was sentenced to more than 10 years in prison on Sept. 29, 2022, for his role in the incident.
This case was investigated by the Elyria Police Department and the Cleveland FBI. This case was prosecuted by Assistant U.S. Attorney Scott Zarzycki.
Pennsylvania Man Sentenced to Prison for Assaulting and Pointing a Firearm at Federal Law Enforcement OfficersRead the Press Release
CLEVELAND – DeWayne Taylor, 33, of Harrisburg, Pennsylvania, was sentenced to 13 ½ years in prison today by U.S. District Judge Pamela A. Barker after he pleaded guilty to assaulting federal law enforcement officers, brandishing a firearm, and being a felon in possession of a firearm.
“This defendant chose to put the lives of innocent people and federal law enforcement officers in danger rather than face his own arrest,” said First Assistant U.S. Attorney Michelle M. Baeppler. “Thankfully, due to the swift and courageous response of the officers, lives were saved that day.”
“I am proud of the professionalism of our Deputies and Task Force Officers during the arrest of this violent fugitive,” said U.S. Marshal Pete Elliott. “Thank you to the U.S. Attorney’s Office for their steadfast effort on this case, along with an outstanding case investigation by the ATF. Law enforcement officers all around the country are dedicated to the safety of their communities, and that is truly the case here in Cleveland.”
According to court documents, in December 2020, members of the United States Marshals Service (USMS) Northern Ohio Violent Fugitive Task Force (NOVFTF) were searching for Taylor due to an arrest warrant issued by the State of Pennsylvania Parole Authority.
Court documents state that NOVFTF officers received information that Taylor was at a Walmart in the city of Cleveland and attempted to make an arrest. During the arrest attempt, court documents state that Taylor noticed the NOVFTF members, got into his vehicle, and pointed a firearm at several of the officers. In response, some of the NOVFTF members discharged their firearms, striking the defendant in the shoulder. The NOVFTF members rendered first aid until EMS arrived and transported the defendant to the hospital.
Taylor is prohibited from possessing a firearm due to previous felony convictions in the Dauphin County Court of Common Pleas in the Commonwealth of Pennsylvania.
This case was investigated by the United States Marshal’s Service Northern Ohio Violent Fugitive Task Force (USMS NOVFTF), Cleveland Division of Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
This case was prosecuted by Assistant United States Attorney Kelly L. Galvin.
Florida Man Pleads Guilty in Scheme to Steal Polymers that Caused Losses of More Than $4.1 MillionRead the Press Release
CLEVELAND – A Parkland, Florida, man pleaded guilty on Tuesday, Jan. 24, 2023, to devising a scheme that defrauded several companies involved in the sale of polymers, including one business in Northeast Ohio, and multiple logistic companies, causing losses of more than $4.1 million.
According to court documents, from July 2013 to January 2020, Terrence Anderson, 66, devised a scheme to steal shipments of polymers from businesses involved in the sale of the chemicals. The scheme was achieved, in part, by fraudulently obtaining services from logistic companies involved in processing rail shipments.
Court documents show that Anderson owned and operated Coral Polymers, a corporation headquartered in Parkland that bought and resold polymers. As part of the scheme, Anderson would pose as fictional employees of well-known large corporations and contact sellers of polymers, including one company in Northeast Ohio, to facilitate large purchases of the substances, which were to be delivered by railcar to victim logistics companies at particular locations.
Contrary to his representations, court documents state that Anderson never intended to pay for the polymers but rather sought to resell them to third-party buyers. Court documents show that Anderson submitted purchase orders for shipments worth approximately $4,855,312 from at least eight sellers and obtained shipments worth more than $3.7 million from six of those sellers.
After ordering the polymers, Anderson arranged for victim logistics companies to unload the railcars, store the substances, repackage, and load them for shipment to their final destination. In addition, court documents show that Anderson enlisted the services of a co-conspirator who owned a trucking company. In an attempt to conceal the identity of the trucking company and the vehicle drivers, Anderson and the co-conspirator directed drivers picking up the shipments in semi-trailer trucks to remove or conceal vehicle license plates, provide fake identification documents if prompted, and to conceal from the logistics companies the true destinations of the deliveries.
Court documents state that Anderson, using Coral Polymers, had instead arranged to resell the shipments to third-party buyers for substantial sums of money, concealing from those buyers the true origin of the polymers.
In total, court records show that Anderson caused losses of more than $4.1 million to the victims he defrauded.
This case was investigated by the Cleveland Division of the FBI and is being prosecuted by Assistant U.S. Attorney Elliot Morrison.
Owner of Two Northeast Ohio Businesses Sentenced to Prison for PPP Loan FraudRead the Press Release
CLEVELAND – The owner of two corporations in Solon and Highland Heights, Ohio, was sentenced on Friday, Jan. 13, 2023, to 15 months in prison and ordered to pay $195,900.34 in restitution to the Small Business Administration (SBA) by U.S. District Judge Pamela A. Barker after he pleaded guilty to his role in a conspiracy to unlawfully obtain Paycheck Protection Program (“PPP”) loans.
According to court documents, Deon D. Levy, 52, of Bedford, Ohio, was part of a larger, nationwide scheme in which co-conspirators submitted to the SBA fraudulent PPP loan applications, including applications for Levy’s businesses in Solon and Highland Heights. Court documents state that the loan applications submitted by Levy and the other co-conspirators included falsified bank statements and payroll tax forms, among other things, and falsely and fraudulently represented the borrowing entities’ operations and finances, including the number of employees and amount of monthly payroll.
Court records show that the loan application for Levy’s business were submitted by co-conspirators James Richard Stote and Ross Charno. In return for their work on the application, Levy sent a kickback of approximately 25% of the amount of the PPP loan secured. As a result, Levy and the other co-defendants caused the SBA to issue two loans worth approximately $875,000 to accounts controlled by Levy.
James Richard Stote was sentenced to 10 years in prison, and Ross Charno was sentenced to two years in prison for their roles in the scheme to submit fraudulent applications for more than $35 million in PPP loans.
This case was investigated by the Cleveland FBI, IRS CI (Criminal Investigation), and the SBA Office of the Inspector General (SBA OIG). This case was prosecuted by Assistant U.S. Attorney Elliot Morrison for the Northern District of Ohio.
Nigerian National Sentenced to Prison for Bank Fraud SchemeRead the Press Release
CLEVELAND – A Nigerian national was sentenced today to more than three years – or 37 months – in prison by U.S. District Judge James S. Gwin after he was convicted by a jury of formulating a conspiracy to obtain stolen financial information, making fraudulent and unauthorized purchases of retail goods and gift cards, and stealing funds from victim bank accounts in Northern Ohio and elsewhere.
Blessing Adeleke, 31, of Nigeria, was convicted in October 2022 of one count of conspiracy to commit bank fraud and 16 counts of bank fraud.
According to court documents, between January 2014 through October 2016, Adeleke served as an administrator for an online marketplace, Shad0w.info, where compromised data, such as credit numbers and personally identifiable information (PII), were sold.
As part of the conspiracy, Adeleke and others obtained stolen credit card information and purchased items, such as retail goods and gift cards for themselves. Adeleke shared this stolen credit card information with others, including co-defendant Kylie Ann Harlow.
Court documents state that Adeleke and Harlow shipped retail goods purchased with the stolen financial information to Harlow and others and, in some instances, returned the goods and gift cards to retail stores to obtain cash. Adeleke and Harlow eventually forwarded the fraudulently obtained goods, gift cards, and money to other members of the conspiracy for their personal enrichment.
Adeleke gained access to at least one bank account belonging to a victim in Pepper Pike, Ohio, from which he sent 16 fraudulent checks.
Kylie Ann Harlow previously pleaded guilty to her role in the scheme and was sentenced in June 2021.
This case was investigated by the Cleveland FBI and was prosecuted by Assistant U.S. Attorneys Brian S. Deckert and Daniel J. Riedl.
The U.S. Department of Justice’s Office of International Affairs provided significant support and assistance in securing the defendant’s arrest and extradition from Ghana. The U.S. Department of Justice thanks its Ghanian partners, specifically the Ministry of Interior and the Office of the Attorney General and Ministry of Justice, for supporting this extradition. The FBI Legal Attaché in Accra and the U.S. Marshals Service also provided significant support and assistance to Adeleke’s extradition.
Mexican National Sentenced to 15 Years in Prison for Illegal Reentry and Role in Fentanyl Trafficking ConspiracyRead the Press Release
TOLEDO – A Mexican national was sentenced on Friday, Jan. 13, 2023, to 15 years in prison by U.S. District Judge James G. Carr after he pleaded guilty to his role in a fentanyl trafficking conspiracy in the Toledo area, as well as illegal reentry into the United States.
According to court documents, in June 2019, Toledo Police Department officers arrested Felipe Penuelas-Rodriguez, 53, of Mexico, following a traffic stop and search of his vehicle. During the search, officers obtained, among other items, 118 fentanyl pills, a duffel bag containing a kilogram brick of fentanyl, and an additional 2,125 fentanyl pills stored in the trunk of the vehicle.
Penuelas-Rodriguez was charged and sentenced under an enhanced penalty due to a prior serious drug trafficking conviction in the Arizona Superior Court. He was also convicted of illegal reentry, having been removed from the United States to Mexico on four separate occasions before he was found in Toledo.
Penuelas-Rodriguez’s passenger, Reyna Trejo, was charged as a co-conspirator with conspiracy to possess with the intent to distribute a controlled substance. Trejo was sentenced to five years in prison on Dec. 5, 2022. Agents determined that Penuelas-Rodriguez and Trejo were traveling across the country delivering fentanyl and bulk cash to co-conspirators along the way when they were stopped in Toledo.
Penuelas-Rodriguez pleaded guilty to conspiracy to possess with the intent to distribute a controlled substance and possession with intent to distribute a controlled substance in July 2022.
This case was investigated by United States Homeland Security Investigations, the Toledo Police Department, and the Northwest Ohio Interdiction Task Force. This case was prosecuted by Assistant U.S. Attorney Robert N. Melching.
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Ravenna Man Sentenced to Prison for Cyberstalking, Sextortion, and Attempted Sexual Exploitation of a ChildRead the Press Release
AKRON – A Ravenna man was sentenced today to more than 12 years – or 151 months – in prison and 15 years of supervised release by U.S. District Judge John R. Adams after he pleaded guilty to cyberstalking, attempted sexual exploitation of a child, and interstate communication with intent to extort.
“It takes great courage for victims to come forward and report coercive behavior and predatory tactics to law enforcement,” said First Assistant U.S. Attorney Michelle M. Baeppler. “Because these victims came forward, this defendant was brought to justice, a minor was prevented from further harm, and our communities and children are now safer.”
“This defendant used deceptive tactics to extort and blackmail numerous victims throughout Northeast Ohio and sexually exploited a minor,” said FBI Special Agent in Charge Gregory Nelsen. “The investigative work of the FBI underscores our duty to protect children from monstrous individuals’ determined to control others through manipulation and cyber stalking. We will continue to work closely with our federal, state, and local partners to find, identify, and investigate predatory behavior and bring justice to the victims of these horrendous crimes.”
According to court documents, from November 2019 through September 2021, Andrew John Drabic, 33, of Ravenna, Ohio, gained unauthorized access to the personal social media accounts of several victims in Northeast Ohio, stole images, and blackmailed victims. Court documents describe a deceptive scheme that Drabic used, known as “social engineering,” to gain unauthorized access to his victim's social media accounts and phone numbers.
After gaining access, court documents show that Drabic would then obtain non-public images, written communications, and other sensitive materials. As part of the scheme, Drabic used the images and files he obtained to intimidate victims by threatening to release the sensitive materials publicly. Court documents state that, in some instances, Drabic did follow through on his threats and released the materials.
On January 12, 2022, law enforcement authorities executed a search warrant at Drabic’s address in Ravenna following an investigation into the matter. During the execution of the warrant, numerous computer systems, cell phones, storage accessories, and other electronic devices were seized.
Authorities examined Drabic’s electronic devices and observed multiple sexually explicit messages between Drabic and a minor victim. In these messages, Drabic directed the minor to perform sexual acts and send sexually explicit photographs.
This case was investigated by the Cleveland FBI and the Cleveland, Cuyahoga Falls, Kent, Kent State University, Stow and Tallmadge Police Departments. Investigative assistance was provided by the Akron Police Department, Ravenna Police Department, Cedar Point Police Department, Portage County Sheriff’s Office, and the United States Secret Service.
This case was prosecuted by Assistant U.S. Attorney Christopher J. Joyce.
Lorain Man Sentenced to 15 Years in Prison for Distributing Fentanyl that Led to Overdose DeathRead the Press Release
CLEVELAND – Kevin L. Walker Jr., 31, of Lorain, was sentenced on Wednesday, January 11, 2023, to 15 years in prison by U.S. District Judge Christopher A. Boyko after he pleaded guilty to possession of drugs and distribution of fentanyl that led to an overdose death.
“As this sentence demonstrates, our communities will not tolerate drug traffickers and fentanyl dealers who kill or harm our neighbors, friends, and family with their deadly product,” said First Assistant U.S. Attorney Michelle M. Baeppler. “Thanks to the collaborative work of law enforcement, another fentanyl pusher will now spend a significant time behind bars for his actions.”
“Fentanyl continues to flood our nation at an alarming rate, and the citizens of Northern Ohio are not immune from its devastation,” said FBI Cleveland Special Agent in Charge Gregory Nelsen. “This case reflects our commitment to address not only fentanyl, but also the assortment of narcotics making their way into our communities. We will continue to work closely with our federal, state, and local partners to identify drug traffickers and their networks fueling the epidemic.”
According to court documents, Walker was arrested in July 2021 by law enforcement authorities following a warrant issued for corrupting another with drugs. Authorities then searched Walker, a vehicle, and a room he rented and found that Walker was in possession of fentanyl, methamphetamine, and crack cocaine.
Officers then began an investigation into Walker’s drug trafficking activities and learned that on July 28, 2021, Walker intentionally distributed a substance containing fentanyl to a victim who later ingested it, suffered an overdose, and died.
This case was investigated as part of Operation Synthetic Opioid Surge (S.O.S.)., a joint law enforcement initiative that seeks to reduce the supply of deadly synthetic opioids and to identify wholesale distribution networks and international and domestic suppliers in Lorain County.
This case was investigated by the Lorain Police Department, Westlake Police Department, and the Cleveland Division of the FBI. This case was prosecuted by Assistant United States Attorneys Robert F. Corts and Robert J. Kolansky.
U.S. Attorney’s Office Recognizes January as National Human Trafficking Prevention MonthRead the Press Release
CLEVELAND – In recognition of January as National Human Trafficking Prevention Month, the U.S. Attorney's Office for the Northern District of Ohio is encouraging residents to continue the fight against human trafficking by raising awareness and reporting tips to the National Human Trafficking Hotline at 1-888-373-7888 or text 233733.
“Addressing human trafficking in Northern Ohio remains a top priority for our office and law enforcement partners,” said First Assistant U.S. Attorney Michelle M. Baeppler. “In order for us to keep the pressure on traffickers, we need the public’s help to report tips to law enforcement. Only through a collaborative approach can we help end this insidious crime.”
January 11th is recognized as National Day of Human Trafficking Awareness. Today, communities around the country #WearBlue to help raise awareness and encourage others to help prevent trafficking by reporting tips to law enforcement.
Over the past year, the U.S. Attorney’s Office for the Northern District of Ohio has announced several high-profile human trafficking convictions and sentencings, including:
U.S. v. Jason S. Huffman (4:21-cr-348). On September 27, 2022, Jason Huffman was sentenced to more than 27 years in prison after he pleaded guilty to a five-count charging him with transportation of visual depictions of minors engaged in sexual conduct, possession of child pornography. and sexual exploitation of children.
In Feb. 2021, law enforcement authorities executed a search warrant at Huffman’s Youngstown-area residence and found images of child pornography on multiple cellphones belonging to Huffman, including images Huffman had created of a minor victim engaged in sexually explicit conduct.
U.S. v. Reuben Rankin (4:19-cr-716). On July 12, 2022, Reuben Rankin was sentenced to 40 years in prison following convictions of sex trafficking of a minor, production of child pornography, assaulting a federal agent with a deadly weapon, discharging a firearm during a crime of violence and felon in possession of a firearm.
According to court documents, in May 2019, Rankin engaged in sex trafficking of a minor and production of child pornography in order to raise money to purchase drugs, clothing, and an SUV. Rankin relied heavily on income earned from commercial sex acts to fund his lifestyle.
U.S. v. Larrien Brown-Austin (5:20-cr-114). On May 24, 2022, Larrien Brown-Austin was sentenced to 15 years in prison and a lifetime of supervised release after he pleaded guilty to participating in a sex trafficking conspiracy that forced victims to perform sex acts in exchange for money.
According to court records, from June through August of 2018, Brown-Austin lived at a residence in Canton provided by his father that he used to facilitate commercial sex acts. In June of 2018, Brown-Austin met two victims and forced both to live at the residence, perform sex acts in exchange for money and provide him with the profits.
U.S. v. Holden Gallagher (3:18-cr-479). In March 2022, Holden Gallagher was sentenced to 30 years in prison and a lifetime supervised release after he pleaded guilty to sexual exploitation of a child, receipt, and distribution of child pornography, and possession of child pornography.
Court documents state that on July 31, 2015, law enforcement investigators obtained several electronic devices, including a laptop and hard drive, which contained numerous files of child pornography from Gallagher’s Sylvania area residence. Additionally, investigators determined that some of the images contained a depiction of a minor known to Gallagher and that Gallagher had corresponded with the minor victim and gotten the minor to produce images of child pornography.
In addition, to support the victims of human trafficking, various organizations in the Northern District of Ohio were awarded more than $5.7 million in grant funding in the previous fiscal year from the Department of Justice to provide services and aid, including:
- $2.5 million to The Cuyahoga County Sexual Assault Kit (SAK) Taskforce, led by the Cuyahoga County Prosecutor’s Office (CCPO).
- $799,355 awarded to Advocating Opportunity (AO) in Toledo to provide services, support, and advocacy for trafficked and exploited people.
- $399,084 awarded to the Rape Crisis Center in Akron to enhance existing anti-human trafficking work.
In February 2022, the Attorney General announced the release of the Justice Department’s new National Strategy to Combat Human Trafficking pursuant to the Justice for Victims of Trafficking Act.
If you believe that you or someone you know may be a victim of human trafficking, please contact the National Human Trafficking Resource Center Hotline at 1-888-373-7888 or text 233733.
Columbus Man Sentenced to Prison for Trafficking Fentanyl, Methamphetamine, and Illegal Possession of a FirearmRead the Press Release
CLEVELAND – Patrick A. Anaya, 24, of Columbus, Ohio, was sentenced on Friday, January 6, 2023, to 12 ½ years in prison by U.S. District Judge Christopher A. Boyko after he pleaded guilty to possession with intent to distribute fentanyl, methamphetamine, and possession of a firearm during a drug trafficking crime.
"Law enforcement in this region and in Lorain County continue to fight against fentanyl dealers, drug traffickers, and violent criminals who intend to harm our communities,” said First Assistant U.S. Attorney Michelle M. Baeppler. “As we’ve shown time and time again, if you deal poison and illegally carry firearms in Lorain County or Northern Ohio, you may soon find yourself in prison.”
“Drug trafficking is one of the highest priorities of the FBI, nationally and across Northern Ohio,” said FBI Cleveland Special Agent in Charge, Gregory Nelsen. “We are committed to keeping our communities safe by finding, investigating, and dismantling drug trafficking organizations one person at a time. Today’s sentence represents the unwavering commitment by our federal, state, and local partners to see that nefarious criminals are off the streets and no longer a danger to the public.”
According to court documents, on January 11, 2022, law enforcement authorities arrested Anaya on an outstanding warrant while he was attempting to meet with a potential drug buyer. Authorities then searched Anaya and found that he possessed 1.4 kilograms of fentanyl and quantities of methamphetamine and cocaine. Authorities also found Anaya to be in possession of a handgun tucked into his waistband and a semiautomatic rifle in his vehicle.
This case was investigated as part of Operation Synthetic Opioid Surge (S.O.S.)., a joint law enforcement initiative that seeks to reduce the supply of deadly synthetic opioids and to identify wholesale distribution networks and international and domestic suppliers in Lorain County.
This case was investigated by the Elyria Police Department and the Cleveland Division of the FBI. This case was prosecuted by Assistant U.S. Attorney Robert J. Kolansky.
Cleveland Man Sentenced to 10 Years in Prison for Shipping Fentanyl Pills Through the U.S. MailRead the Press Release
CLEVELAND – Lance Tobias, 56, of Cleveland, Ohio, was sentenced on Thursday, January 5, 2023, to 10 years in prison and ordered to pay a $100,000 fine by U.S. District Judge John R. Adams after he pleaded guilty to his role in a conspiracy to ship fentanyl pills through the U.S. mail.
“Drug traffickers mistakenly believe that they can use the U.S. mail to move their deadly poison around the country and evade law enforcement,” said First Assistant U.S. Attorney Michelle M. Baeppler. “As this sentence demonstrates, using the mail system as a personal drug courier is a terrible idea, and it’s one that can land you in prison for a very long time.”
“Battling the distribution of synthetic opioids remains one of the U.S. Postal Inspection Services’ top priorities,” said Inspector in Charge Lesley Allison. “This sentencing should serve as a warning to anyone dealing in these dangerous and illegal substances that the U.S. Postal Inspection Service stands steadfast in our mission to protect the public and the Postal Service from this illegal and deadly activity.”
According to court documents, from March to May 2020, Tobias was part of a conspiracy that shipped fentanyl pills through the U.S. mail. On May 27, 2020, court documents state that Tobias knowingly shipped a box through the U.S. mail that contained nearly 300 grams of blue fentanyl pills with an “M30” marking from Culver City, California, to Cleveland, Ohio.
Tobias pleaded guilty to conspiracy to distribute and possess with intent to distribute fentanyl and distribution of fentanyl in July 2022.
This case was investigated by the United States Postal Inspection Service (USPIS) and was prosecuted by Assistant U.S. Attorney Margaret A. Sweeney.
Sandusky Man Charged with Threatening Law Enforcement and Unlawful Possession of Machine GunRead the Press Release
TOLEDO – A federal grand jury returned a six-count indictment charging Aron McKillips, 29, of Sandusky, Ohio, with five counts of interstate communication of threats and one count of unlawful possession of a machine gun.
The indictment against McKillips alleges that from September 2021 to July 2022, McKillips made at least five online threats to harm and/or kill law enforcement members. In addition, the indictment alleges that in September 2022, McKillips unlawfully possessed a machine gun, specifically, a drop-in auto sear that could convert an AR-15 semi-automatic rifle into a fully automatic machinegun.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum; in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Cleveland FBI, Toledo Resident Agency. This case is being prosecuted by Assistant United States Attorneys Michael J. Freeman and Gene Crawford.
Maple Heights Man Convicted of Possessing a Firearm as a FelonRead the Press Release
CLEVELAND – On Thursday, Jan. 5, 2023, a federal jury convicted Adolphus Philpot, 36, of Maple Heights, Ohio, of being a felon in possession of a firearm. Philpot was convicted following a two-day trial before U.S. District Judge Pamela A. Barker in Cleveland.
According to court documents and evidence presented at trial, on March 26, 2021, Philpot was arrested on an outstanding warrant for felonious assault, which stemmed from a January 2021 shooting. Following his arrest, law enforcement authorities began an investigation into information they had received regarding Philpot’s suspected possession of firearms.
Authorities later determined that Philpot had concealed two firearms belonging to him in a residence and had contacted associates to arrange for the firearms to be hidden from law enforcement. Philpot is prohibited from possessing a firearm due to previous convictions of domestic violence, aggravated assault, and drug trafficking in the Cuyahoga County Common Pleas Court.
This investigation was conducted by the Cleveland Division of Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This case is being prosecuted by Assistant United States Attorney Kelly L. Galvin.
Cleveland Woman Sentenced to Prison for Stealing Pension Benefits and Defrauding Government ProgramsRead the Press Release
CLEVELAND – Diane A. Mason, 52, of Cleveland, Ohio, was sentenced on Jan. 4, 2023, to two years in prison by U.S. District Judge Patricia A. Gaughan after she pleaded guilty to aggravated identity theft.
According to court documents, between January 2017 and October 2020, Mason stole $72,476 in Social Security Retirement Insurance benefits and $40,143.60 in monthly pension benefits from the Xerox Corporation, which were intended to be paid to another individual who had died.
Court documents state that Mason then devised a scheme to steal these benefits from the deceased’s bank accounts for her own use by impersonating the deceased to others on numerous occasions and obtaining a replacement debit card in the name of the deceased. At the same time, court documents show that since 2017, Mason received public housing and Supplemental Nutrition Assistance Program (SNAP) benefits.
In order to be eligible to receive benefits, Mason was required to report any and all income to the Cuyahoga County Department of Job and Family Services (CCDJFS) and the Cuyahoga Metropolitan Housing Authority (CMHA). Court documents show that Mason falsely stated that she received no income in order to qualify for these benefits when, in fact, she had been stealing Social Security and pension benefits.
In total, Mason stole $17,021 in SNAP benefits and $19,123.60 in public housing benefits.
In addition to the prison sentence, Judge Gaughan ordered Mason to pay a total of $165,606.20 in restitution.
This case was investigated by the Social Security Administration Office of the Inspector General (SSA OIG), United States Department of Labor (DOL), Employee Benefits Security Administration, the United States Department of Agriculture (USDA), and the United States Department of Housing and Urban Development (HUD).
This case was prosecuted by Special Assistant United States Attorney Jason W. White.
U.S. Attorney’s Office Warns Residents About Scam Calls Demanding MoneyRead the Press Release
CLEVELAND – The U.S. Attorney’s Office for the Northern District of Ohio is cautioning northern Ohio residents about a telephone spoofing campaign where the caller is portraying themselves as an attorney, representative, or law enforcement officer, and the phone number is showing as the Department of Justice or the U.S. Attorney’s Office.
During these calls, scammers may attempt to collect money from victims or threaten arrest or legal action. These calls are bogus and an attempt to use a legitimate law enforcement number to obtain money from victims.
Scammers use many tactics to sound and appear credible. They sometimes provide information like actual names of federal prosecutors and federal office addresses. They also spoof their phone numbers to appear on caller IDs as if they are calling from a government agency such as the U.S. Attorney’s Office.
The U.S. Attorney’s Office reminds the public to be vigilant and never share personal identifying information with a caller that you have not initiated contact with or have not verified as a legitimate business or organization.
The U.S. Attorney’s Office will never ask you to purchase a gift card or give out a credit card number to avoid arrest.
To report a call or message from someone portraying to be a representative of the U.S. Attorney’s Office or Department of Justice, please contact the Federal Trade Commission (FTC) at reportfraud.ftc.gov
U.S. Attorney’s Office Collects More Than $22 Million in Criminal and Civil Actions in Fiscal Year 2022Read the Press Release
CLEVELAND – The U.S. Attorney’s Office for the Northern District of Ohio collected $22,160,718.79 in criminal and civil actions in Fiscal Year 2022. Of this amount, $14,545,655.69 was collected in criminal actions, and $7,615,063.10 was collected in civil actions.
Additionally, the staff of the Northern District of Ohio worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $541,258.46 in cases pursued jointly by these offices. Of this amount, $29,391.47 was collected in criminal actions, and $511,866.99 was collected in civil actions.
“These figures represent monies returned to the United States through the hard work and outstanding effort of our employees and law enforcement partners,” said First Assistant U.S. Attorney Michelle M. Baeppler. “Whether we are representing the United States in a criminal or a civil action, we will always seek to protect the financial interests of the U.S. and victims in resolving these cases.”
Notable collections and forfeitures in Fiscal Year 2022 include:
CRIMINAL
US v. John Lazuka: Lazuka offered his technical expertise in cryptocurrency to a death beneficiary who had inherited a significant amount of cryptocurrency but was unable to access it. Instead of recovering the cryptocurrency for the benefit of the decedent’s estate, Lazuka transferred the cryptocurrency to his own accounts. Lazuka pleaded guilty to wire fraud and restitution was ordered in the amount of $1,565,222.81 in February 2022. This amount was paid in full for the benefit of the victim.
US v. EO System Company, Ltd.: EO System Company Ltd. is a South Korean company in the business of developing high-quality electronic optical devices. EO System requested, and was denied, permission for an export license to ship an American rifle sight with an infrared detector. EO System obtained the rifle sights without the appropriate license and committed wire fraud in the process. EO System was fined $1,000,000 in November 2021. This amount was paid in full.
US v. Jorge A. Martinez, M.D.: Dr. Martinez was found guilty in 2006 of mail fraud, wire fraud, violations of the Controlled Substances Act, and health care fraud resulting in death. Martinez was sentenced to life imprisonment and was ordered to pay over $13,000,000 in restitution. In 2022, the United States collected $922,169.36 for the benefit of his victims through a garnishment proceeding.
CIVIL
Stein Hospice Service, Inc.: Stein Hospice Service, Inc., a Sandusky-based hospice provider, paid $479,796.25 to resolve allegations that it provided medically unnecessary hospice services to unqualified Medicare beneficiaries and billed Medicare at a higher level for hospice care than was medically necessary.
U.S. ex rel. Schmidt and Smith v. The Toledo Clinic, Inc., et al.: The Toledo Clinic, Inc. paid a total of $380,185.73 to resolve allegations that certain tests ordered for Medicare beneficiaries treated at the Cognitive Center at the Toledo Clinic were not reasonable and necessary because the tests were not ordered by either a physician or a non-physician practitioner.
U.S. ex rel. Higgins v. Tudor Therapies, Inc. dba Tudor Physical Therapy: Tu-Dor Home Therapies, Inc. paid $232,739.30 to resolve allegations that it billed Medicare and Ohio Medicaid for physical therapy services that were not provided by a licensed physical therapist or a physical therapy assistant acting under the supervision of a physical therapist.
The U.S. Attorneys’ Offices and the department’s litigating divisions are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss.
While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims’ Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Forfeited assets deposited into the Department of Justice Asset Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
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Ravenna CPA Charged with Embezzling More Than $1 Million from Employer and Submitting False Tax ReturnsRead the Press Release
CLEVELAND – Michael Harman, 45, of Ravenna, Ohio, was charged today in a six-count Bill of Information with devising a scheme to defraud his employer out of more than $1 million, money laundering, and submitting false tax returns to the IRS.
According to court documents, the defendant was a Certified Public Accountant (CPA) and was employed as a controller within his company. As a controller, some of the defendant’s responsibilities included processing payroll adjustments.
Court documents state that from 2016 to August 2020, the defendant devised a scheme to embezzle more than $1 million from his employer and used the funds for personal use, including child support payments in the State of New York and moving expenses. The defendant is accused of executing the scheme by using a series of unauthorized wire transfers, fictitious checks, and fraudulent charges on his employer’s credit cards.
In addition, the defendant is charged with failing to report income earned from the scheme on his tax returns for the tax years 2016, 2017, 2018, and 2019.
This case was investigated by the Cleveland FBI, Akron Resident Agency and IRS Criminal Investigation (CI). This case is being prosecuted by Assistant U.S. Attorneys Brian M. McDonough and Aaron P. Howell.
Saudi Arabian National Charged with Illegally Exporting Rifle BarrelsRead the Press Release
CLEVELAND – A Saudi Arabian national residing in Cleveland Heights was charged in a one-count indictment with attempting to export more than 50 automatic and semi-automatic rifle barrels from the United States since April 2022.
Abdulrahman Zalah, 30, was charged with one count of smuggling goods from the United States.
According to court documents, in October 2022, federal authorities with the Cleveland Division of the FBI were contacted by a firearms manufacturer regarding the suspicious purchasing behavior of an individual later identified as the defendant.
Based on the information, authorities began an investigation into the matter and determined that the defendant, beginning in April 2022, had fraudulently exported and attempted to export and send more than 50 automatic and semi-automatic rifle barrels from the United States.
Court documents state that the defendant did not obtain an export license from the United States Department of Commerce, Bureau of Industry and Security (BIS) as required by law to export commodities, including firearms and firearm components, originating in the United States.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum; in most cases, it will be less than the maximum.
This case was investigated by the Cleveland Division of the FBI and the Department of Homeland Security (DHS). This case is being prosecuted by Assistant U.S. Attorney Duncan T. Brown.
Akron Man Sentenced to More Than 10 Years in Prison for Dog Fighting, Drug Trafficking, and Illegal Possession of FirearmsRead the Press Release
AKRON – Ronald Smith, 39, of Akron, Ohio, was sentenced today to more than 10 years – or 123 months – in prison by U.S. District Judge John R. Adams after he pleaded guilty to a 22-count indictment charging him with dog fighting, drug trafficking, and illegal possession of a firearm.
In addition to the prison sentence, Judge Adams ordered Smith to pay $233,367.70 in restitution to K2 Solutions, located in North Carolina, for the care and rehabilitation of the impacted dogs.
Smith was charged in May 2022 with 15 counts of possession and training of dogs for the purposes of an animal fighting venture; conspiracy to distribute and possess with intent to distribute a controlled substance; distribution of a controlled substance; possession with intent to distribute a controlled substance and felon in possession of a firearm.
According to court documents, Smith owned and maintained two residential properties in Akron, one on Fultz Street and the other on Herman Avenue.
In April and May of 2022, authorities found Smith to be in possession of items used to train and prepare dogs for participation in dog fighting, including two treadmills designed for dogs; a caged rabbit placed in front of a treadmill; performance-enhancing and first-aid-related dog medication; numerous "break sticks" spattered with blood and baring teeth marks and a walled pit spattered with blood at the Fultz Street and Herman Avenue residence.
Authorities recovered eight pit bull-type dogs from the Fultz Street residence and seven pit bull-type dogs from the Herman Avenue residence.
Smith was also found to have illegally possessed three firearms and participated in a conspiracy to distribute and possess oxycodone, fentanyl, and fentanyl analogues.
Smith is prohibited from possessing a firearm due to previous convictions of aggravated assault, burglary, possession of cocaine, trafficking heroin, having weapons under disability, and disrupting public services in the Summit and Medina County Courts of Common Pleas.
This case was investigated by the Drug Enforcement Administration (DEA), U.S. Department of Agriculture Office of Inspector General (USDA OIG), Akron Police Department, and the Summit County Sheriff's Office. Assistance was provided by the United States Marshals Service (USMS) and the Humane Society of Summit County (HSSC).
This case is being prosecuted by Assistant U.S. Attorneys Brad J. Beeson and Marc D. Bullard.
Three Former Toledo City Council Members Plead Guilty to Conspiracy and Bribery ChargesRead the Press Release
TOLEDO - Three former Toledo City Council members pleaded guilty today to accepting bribery payments during their time in office in return for their support and votes on legislative matters.
Tyrone Riley and Larry Sykes both pleaded guilty to one count of Hobbs Act extortion under color of official right, and Yvonne Harper pleaded guilty to one count of Hobbs Act conspiracy.
Garrick Johnson was also charged in this matter and is scheduled to appear in front of a federal jury on Monday, Jan. 9, 2023.
According to court documents, on multiple occasions from May 2018 through February 2020, Riley, Harper, and Sykes accepted bribery payments in return for their official support and votes on legislative matters as members of the Toledo City Council.
Court documents state that Riley, Harper, and Sykes each accepted cash payments in return for their support and votes on zoning changes and “special use permits” (SUPs) for local businesses.
Court documents show that during this time, Riley accepted more than $5,000 in payments and meals in return for his support on five occasions related to zoning changes and SUPs for businesses. Additionally, on two occasions, Harper accepted more than $5,000 in return for her support of zoning changes and SUPs for businesses. Sykes accepted, on two occasions, approximately $1,500 for his support of SUPs.
Riley, Harper, and Sykes are scheduled to be sentenced in June 2023.
This case was investigated by the Cleveland Division of the FBI, Toledo Resident Agency. This case is being prosecuted by Assistant U.S. Attorneys Michael J. Freeman and Jody L. King.
Cleveland Man Charged with Carjacking, Illegally Entering Airport Runway, and Damaging Radar FacilityRead the Press Release
CLEVELAND – A Cleveland man was charged today in a six-count indictment with intentionally damaging a Cleveland Hopkins International Airport (CLE) radar facility, carjacking two vehicles, and using one to breach a gate and illegally enter the Hopkins airport runway.
Isaac Woolley, 26, was officially charged in the indictment with one count of entering aircraft or an airport area in violation of security requirements, one count of violence at international airports, two counts of destruction of aircraft or aircraft facilities, and two counts of carjacking.
According to court documents, on Nov 23. 2022, the defendant unlawfully entered a secure area maintained by the Federal Aviation Administration (FAA) and caused damage to the main CLE radar antenna tower. As a result, court documents state that the primary radar system utilized by the FAA to monitor civilian and commercial air traffic for CLE was inoperable for a period of time.
Later that day, the defendant is accused of stealing a vehicle from a victim in Fairview Park, Ohio, and using it to breach the gate at CLE. Law enforcement authorities responded to the incident and then arrested the defendant. Court documents state that due to the defendant’s alleged actions, a decision was made by airport personnel to shut down the airport runway and temporarily suspend operations.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum; in most cases, it will be less than the maximum.
This case was investigated by the Cleveland Division of the FBI, Fairview Park Police Department, Cleveland Division of Police, and the Brookpark Police Department. This case is being prosecuted by Assistant U.S. Attorneys Brian S. Deckert and Daniel J. Riedl.
Correctional Officer Pleads Guilty to Accepting Bribes and Smuggling Contraband into NEOCCRead the Press Release
CLEVELAND – A Northeast Ohio Correctional Center (NEOCC) correctional officer pleaded guilty on Wednesday, Dec. 14, 2022, to accepting bribes in return for supplying marijuana, tobacco, and narcotics to inmates at the facility.
According to court documents, from February 2017 to July 2019, Terry Terrigno, 30, of Canfield, Ohio, maintained a post-office box and regularly received portions of tobacco, marijuana, and Suboxone through the mail from the associates of inmates entrusted to his care.
Court documents state that Terrigno then smuggled the contraband into the NEOCC and redistributed it to the inmates in his care. In return, Terrigno received electronic bribery payments made through a mobile phone application.
In total, Terrigno received more than $8,650 in bribery payments.
This case was investigated by the Department of Justice Office of the Inspector General (DOJ OIG) and the Cleveland FBI. This case is being prosecuted by Assistant U.S. Attorney Justin Seabury Gould.