Northern District of Ohio
Press releases recorded for this federal judicial district.
Lorain Man Sentenced to Six and a Half Years for Drug Trafficking and Firearms OffensesRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Jarvis Burns, Jr., 23, of Lorain, was sentenced on October 27, 2021, by Judge Solomon Oliver, Jr. to 78 months imprisonment after Burns pleaded guilty in June of 2021 to multiple drug trafficking offenses and being a felon in possession of ammunition.
According to court records, on May 29, 2019, Burns was arrested by the Lorain Police Department and taken to the Lorain City Jail and searched. During the search, officers observed Burns to be in possession of a bag of suspected drugs. When confronted, Burns became violent and ripped open multiple bags of crack cocaine, heroin and fentanyl, and began dispersing the drugs around the room and onto police officers. Following this incident, Burns and the police officers were taken to a local hospital for treatment of exposure to fentanyl. Subsequently, the Lorain City Jail had to be closed to allow for the Lorain Fire Department HazMat team to decontaminate the area.
Later, in November of 2019, the Elyria Police Department began an investigation into Burns’ drug trafficking activities. From November of 2019 through January of 2020, law enforcement officials set up a series of controlled buys and, on four separate occasions, Burns sold what was believed to be drugs to a confidential informant. Burns sold the informant a controlled substance on one instance and non-controlled substances on the other three.
While law enforcement officials were conducting their investigation, Burns was involved in a shooting incident in the city of Elyria. On November 25, 2019, the Elyria Police Department was dispatched to a reported shooting on Lake Avenue in Elyria. Police located six spent shell casings and later identified two vehicles involved in the incident. An investigation revealed that Burns and another individual were involved in an argument when the other individual hit Burns with a car. Burns then fired multiple gunshots at the other individual, who was attempting to flee at the time.
Burns is prohibited from possessing a firearm and ammunition due to previous convictions for drug trafficking in the Lorain County Common Pleas Court.
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, the Lorain Police Department, the Elyria Police Department, and the Lorain County Drug Task Force, with the assistance of the United States Marshal Service. This case was prosecuted by Assistant U.S. Attorney Robert J. Kolansky.
Canton Man Found Guilty of Possession of Meth and Firearms ViolationsRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal jury found Bruno Nascimento Brito, 36, of Canton, Ohio, guilty of possessing nearly 500 grams of meth and firearms violations on Wednesday, October 27, 2021.
Following a two-day trial, a jury convicted Brito on two counts of possession with the intent to distribute a controlled substance and one count of felon in possession of a firearm.
According to court documents and evidence presented at trial, on October 8, 2020, law enforcement officers encountered Brito at a gas station in Canton via information that Brito utilizes the location to engage in illegal drug transactions. Officers searched Brito and discovered that he had in his possession a clear plastic bag containing approximately 110 grams of methamphetamine. Officers then transported Brito to the Canton Police Department, where he was searched a second time. This time, however, the bag of drugs was not found on Brito but rather hidden in the vehicle of the transporting officer.
Law enforcement officers then obtained and executed a search warrant at Brito’s residence in Canton and recovered a semiautomatic pistol with ammunition, roughly 378 grams of meth, digital scales, drug paraphernalia and approximately $8,600 in cash. Brito is prohibited from possessing a firearm due to previous convictions of burglary and aggravated drug trafficking in the Wayne County Court of Common Pleas.
Brito is scheduled to be sentenced on February 24, 2022 and faces a possible maximum sentence of 10 years to life imprisonment.
This case was investigated by the Federal Bureau of Investigations, MEDWAY, Canton Police Department, and Stark County Metro Narcotics Unit.
Toledo Investment Adviser Pleads Guilty to FraudRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that James Simpson, 80, of Sylvania, Ohio, pleaded guilty on Wednesday, October 20, 2021, to investment adviser fraud.
According to court documents, Simpson, a former investment adviser in the Toledo area, admitted to defrauding clients out of more than $400,000 through a fictitious investment opportunity scheme. Beginning in 2020, Simpson interacted with numerous contacts and clients, claiming to have “access to special investment opportunities” at various interest rates and durations. Court records state that at least eight of these clients wrote Simpson a check to purchase investments totaling more than $400,000.
Court documents state that Simpson did not invest this money; rather, he deposited the checks and used the funds for his own personal benefit. In order to deceive investors and continue his scheme, Simpson used investor funds to pay other investors and make it appear that he did, in fact, invest the money.
Simpson is scheduled to be sentenced on February 2, 2022.
This investigation was conducted by the Federal Bureau of Investigation, Toledo Resident Agency. This case is being prosecuted by Assistant U.S. Attorney Michael Freeman.
Former Cleveland VA Medical Center Supervisor Sentenced to 37 Months and Ordered to Pay More Than $1.25 Million in Restitution for Theft and Kickback SchemeRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that William H. Precht, 54, of Kent, Ohio, was sentenced today by Judge Donald C. Nugent to 37 months imprisonment and ordered to pay $1,259,390.66 in restitution after Precht pleaded guilty to theft of government property and participating in a bribery and kickback scheme that enriched himself and caused the Cleveland VA Medical Center to suffer a loss of nearly $200,000.
Precht pleaded guilty in March of 2021 to a 28-count indictment charging him with theft of government property, conspiracy to commit wire fraud and honest services fraud, wire fraud and false statements relating to health care matters.
“Public corruption by VA employees erodes trust in the Department and diverts taxpayer money intended for our nation’s veterans,” said Acting Special Agent in Charge Gavin McClaren of the Department of Veterans Affairs Office of Inspector General’s Central Field Office. “The VA OIG appreciates our partnership with the US Attorney’s Office and their commitment to helping us hold these defendants accountable.”
According to court documents, from October of 2010, through January of 2019, Precht worked as an Inventory Management Specialist and later as a Supervisory Management and Program Analyst at the Cleveland VA Medical Center. Through his positions at the VA, Precht could order medical supplies, purchase capital equipment and monitor requests for equipment purchases.
Using his position and his VA employee log-in information, Precht registered a purported vendor (Vendor-1) as a Small Disadvantaged Business and Veteran-Owned Small Business in the VA vendor system. Beginning in October of 2010, Precht used his VA purchase card and other employee cards to purchase purported medical supplies from Vendor-1, a company he controlled, in the amount of approximately $1,066,348.
In addition, from May of 2015 through January of 2019, Precht conspired with Robert A. Vitale, a medical sales representative for multiple companies that conducted business with the Cleveland VA, to devise a scheme in which Precht would receive kickbacks and other items of value, in exchange for steering VA business and other monetary awards to Vitale.
In order to conceal his schemes, Precht provided false and misleading information to VA employees about reasons for ordering medical supplies and falsified patient records. As a result, the Cleveland VA suffered a loss of $193,042.66.
Robert. A. Vitale pleaded guilty to a Bill of Information on October 13, 2021, for his role in the scheme.
The investigation was conducted by the Department of Veterans Affairs – Office of the Inspector General, Cleveland and the Cleveland Division of the FBI. This case was prosecuted by Assistant U.S. Attorney Brian McDonough.
U.S. Attorney’s Office Commemorates Domestic Violence Awareness MonthRead the Press Release
In commemoration of October as Domestic Violence Awareness Month, the U.S. Attorney's Office for the Northern District of Ohio is announcing more than $3.3 million in grant funding awarded to programs in the District that address sexual assault, domestic violence, dating violence and stalking in Northern Ohio communities. This grant funding is awarded through the Department of Justice’s Office on Violence Against Women (OVW).
The following is a brief description of the programs and recipients receiving awards.
Transitional Housing Assistance for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Program (Transitional Housing Program). Recipients include:
- Asian Service In Action, Inc., $475,000
- Cleveland Rape Crisis Center, $325,000
The Transitional Housing Program provides aid to victims of domestic violence, dating violence, sexual assault, and stalking who are homeless, or in need of transitional housing or other housing assistance, as a result of their victimization, and for whom emergency shelter services or other crisis intervention services are unavailable or insufficient.
Sexual Assault Services Culturally Specific Program (SAS Culturally Specific Program). Recipients include:
- Asian Service In Action, Inc., $475,000
The SAS Culturally Specific Program provides intervention and assistance to victims of sexual assault from culturally specific communities that confront unique challenges when seeking assistance, such as language and cultural barriers.
Legal Assistance for Victims (LAV) Grant Program. Recipients include:
- The Ohio Alliance to End Sexual Violence, $800,000.
The LAV program aims to increase the availability of civil and criminal legal assistance for adult and youth victims of domestic violence, dating violence, sexual assault and stalking by providing funds for legal services to victims in matters relating to or arising out of that abuse or violence.
Grants to Support Families in the Justice System program (referred to as the Justice for Families Program). Recipients include:
- Community Legal Aid Service Inc, $650,000
- Legal Aid of Western Ohio, Inc. $650,000
The Justice for Families Program seeks to improve the response of the civil and criminal justice system to families with a history of domestic violence, dating violence, sexual assault and stalking or in cases involving allegations of child sexual abuse.
The Office on Violence Against Women provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges.
Learn more at www.justice.gov/ovw.
To sign up for OVW alerts visit this webpage or follow OVW on Twitter @OVWJustice.
Chicago Woman Found Guilty of Possession with Intent to Distribute 4 Kilos of CocaineRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal jury has found Tashe Goins, 32, of Chicago, Illinois, guilty of possession with intent to distribute cocaine after a two-day trial.
According to court records and evidence presented at trial, on June 16, 2020, Goins was traveling from Chicago, IL to Pittsburgh, PA, when she was stopped by officers with the Ohio State Highway Patrol (OSP) for a traffic violation on Interstate 80 in Trumbull County. Officers identified Goins as the sole driver of the vehicle, and a police canine unit alerted officers to the presence of a narcotic odor coming from inside of the vehicle. Officers then searched the vehicle and discovered approximately four kilograms of cocaine inside a blue suitcase. Goins was arrested and charged with possession with intent to distribute controlled substances.
Goins will be sentenced on January 26, 2022.
The investigation preceding the indictment was conducted by DEA and the Ohio State Patrol. This case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis and Bryson Gillard.
Former Cleveland City Councilman Sentenced to 6 Years and Ordered to Pay $746k in Restitution After Conviction of Federal Program Theft, Tax Violations, Witness Tampering and Falsifying RecordsRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that former City of Cleveland Councilman Kenneth Johnson was sentenced today by Judge John R. Adams to six years imprisonment. Johnson was found guilty by a jury on July 30, 2021, of conspiracy to commit federal program theft, federal program theft, aiding and assisting in the preparation of false tax returns, tampering with a witness and falsification of records in a federal investigation.
Garnell Jamison was also sentenced today by Judge Adams to five years imprisonment following his conviction on the same date of conspiracy to commit federal program theft, federal program theft, aiding and assisting in the preparation of false tax returns, tampering with a witness and falsification of records in a federal investigation.
In addition, Judge Adams ordered Johnson Jamison to pay total restitution in the amount of $746,839.38 to the IRS and HUD.
According to court documents and evidence presented during the trial, from January of 2010 through October of 2018, Johnson and Jamison devised a scheme to induce the City of Cleveland to issue reimbursement checks to Johnson for Ward 4 services that were never actually performed. Court records established that during this time frame, the City issued $1,200 monthly expense reimbursement checks to Johnson totaling approximately $127,200. Each reimbursement check from the City was deposited into Johnson’s personal bank account.
Johnson was also convicted of personally benefiting from federal Community Development Funds distributed to the Buckeye Shaker Square Development Corporation (BSSDC) from the City of Cleveland. From in or around December 2013 to in or around March 2018, prosecutors proved that the BSSDC issued approximately $50,000 in checks distributed to third-parties, which were later deposited or transferred the funds into bank accounts held or controlled by Johnson. Federal regulations prohibited Johnson, or his family members, from personally benefiting from these funds.
Furthermore, for the calendar years 2014, 2015, 2016, 2017, and 2018, Johnson and Jamison submitted false and fraudulent Individual Income Tax Returns to the Internal Revenue Service.
Evidence and testimony during the trial proved that Johnson and Jamison knew that the returns fraudulently understated Johnson’s total income by failing to report additional income and by inflating the value of Johnson’s itemized deductions.
Johnson and Jamison were also convicted of attempting to persuade and influence the testimony of a grand jury witness by providing that person with false and fraudulent information and records purporting to document charitable donations made by Johnson and falsifying a donation receipt with the intent to impede, obstruct and influence an investigation.
This case was investigated by the Cleveland Division of the FBI, Department of Housing and Urban Development Office of Inspector General and IRS-Criminal Investigation. This case was prosecuted by Assistant United States Attorneys Justin Seabury Gould and Megan R. Miller.
Toledo Man Charged with Escape from CustodyRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned an indictment charging Jermell Toney, 35, of Toledo with one count of escape.
According to court records, on September 17, 2021, the Defendant is accused of failing to report to a re-entry program required to complete the service of a 13-month federal prison sentence imposed for violation of supervised release. The Defendant surrendered himself to the United States Marshals Service on September 28, 2021.
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, a defendant’s sentence will be determined by the Court after 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, and, in most cases, it will be less than the maximum.
The investigation was conducted by United States Marshals Service. This case is being prosecuted by Assistant United States Attorney Deyana Unis.
Four Charged with Making False Statement to Purchase Firearms at Licensed Youngstown Area DealerRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned a two-count indictment charging four individuals with making a false statement during the purchase of firearms and possession of firearms by a person with prior misdemeanor domestic violence conviction.
Named in the indictment are Miechelle Barnes, 28, Dawon Maddox, 39, both of Youngstown, Ohio, Richard May, 19, and Davontae McCall, 19, both of Pittsburgh.
The indictment alleges that on or about February 18, 2021, Barnes intentionally deceived a licensed firearms dealer by representing that she was purchasing several firearms for herself when in fact, she was purchasing the firearms for another individual.
In addition, the indictment alleges that on or about April 23, 2021, Maddox illegally possessed three semiautomatic pistols. Maddox is prohibited from possessing firearms due to a 2002 conviction for misdemeanor domestic violence.
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 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 ATF. The case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.
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
Elyria Man Sentenced to Thirteen and a Half Years for Coordinating Armed Gas Station RobberyRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Jonathan Donnell, 33, of Elyria, Ohio, was sentenced today by Judge John R. Adams to thirteen and a half years imprisonment after Donnell was found guilty by a jury of interference with commerce by robbery and using or carrying, and brandishing a firearm during and in relation to a crime of violence.
According to court records, on May 5, 2019, two masked men armed with handguns robbed a Marathon Gas on Huron Street in Elyria. The intruders stole approximately $30,000 in cash and cigarettes and bound a store employee with zip ties. Elyria Police Officers investigated the incident and later determined that Joseph Geiger and Michael Ward were responsible for the robbery.
While investigating the robbery, police learned that defendant Jonathan Donnell may also have been involved. Through further investigating, police learned that Donnell was responsible for planning the robbery and provided the other two defendants with the tools necessary to carry it out, including the guns, zip ties and gloves. Police further discovered that Donnell also drove both Ward and Geiger to a location near the robbery and was supposed to serve as the getaway driver; however, Donnell left before Ward and Geiger returned.
Joseph Geiger was sentenced by Judge Donald C. Nugent to thirteen years imprisonment for his role in the incident.
Michael Ward was sentenced by Judge Donald C. Nugent to nine years imprisonment for his role in the incident.
This case was investigated by the Elyria Police and the Cleveland FBI. This case was prosecuted by Assistant U.S. Attorney Scott Zarzycki.
Cleveland Man Found Guilty of Felon in Possession of a Firearm and Drug TraffickingRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal jury has found Lawrence Dunbar, 28, of Cleveland, guilty of felon in possession of a firearm and ammunition, possession with the intent to distribute carfentanil, possession with the intent to distribute cocaine and possession with the intent to distribute heroin.
According to court documents and evidence presented at trial, on July 25, 2019, members of the Northern Ohio Violent Fugitive Task Force (NOVFTF) responded to an apartment building in Cleveland to arrest Dunbar due to a warrant for violation of parole conditions and a second warrant for felonious assault. Upon arrival, law enforcement officers detained Dunbar and searched the apartment. Court documents state that in plain view in the master bedroom, officers identified a suspected bag of heroin and additional baggies on a nightstand. Other officers in the hallway observed a firearm in the living room under a couch.
Officers later obtained a warrant to search the apartment and located various amounts of suspected narcotics, including carfentanil, heroin, and cocaine, a 9mm pistol and ammunition, various drug paraphernalia, mixing tools, safety equipment, packaging and distribution materials, digital scales and several cell phones.
At the time of the arrest, Dunbar was prohibited from possessing a firearm due to multiple previous convictions of felony offenses such as drug trafficking, drug possession, attempted felonious assault and more in the Cuyahoga County Common Pleas Court.
Dunbar is scheduled to be sentenced on January 27, 2022, before Judge Donald C. Nugent.
This case was investigated by the NOVFTF and the ATF. This case is being prosecuted by Assistant U.S. Attorneys Adam J. Joines and Margaret A. Kane.
The U.S. Attorney’s Office for the Northern District of Ohio Recognizes Community Policing WeekRead the Press Release
October 3 through October 9 is recognized as National Community Policing Week in the United States. During this week, the U.S. Attorney’s Office for the Northern District of Ohio encourages residents and law enforcement to recommit to building relationships and increasing trust between law enforcement and those they serve.
Community policing is the practice of law enforcement professionals working side-by-side with members of their communities to keep neighborhoods safe. This strategy is a critical and proven tool used by law enforcement agencies across the United States to improve public safety and forge strong, valuable relationships. A successful community policing plan recognizes the role that both community members and law enforcement officers play in advancing public safety.
In Cleveland, the Department of Justice and the City of Cleveland entered into an agreement to, among other objectives, implement a community and problem-oriented policing plan. This plan relies upon partnerships between law enforcement and the community to proactively address public safety issues. All members of the Cleveland Division of Police are responsible for engaging in community and problem-oriented policing to strengthen the bonds between the community and law enforcement.
The U.S. Attorney’s Office is asking law enforcement agencies and all community members to commemorate the week by recognizing similar ways to improve public safety, build trust and strengthen community relationships.
To support community policing efforts, the Department of Justice Office of Community Oriented Policing Services (COPS) announced over $33 million in funding to advance the practice of community policing in law enforcement, including a $250,000 grant to the City of Cleveland for the implementation of Crisis Intervention Teams. Community Policing Development (CPD) program funds are used to support promising practices through the development and testing of innovative strategies; building knowledge about effective practices and outcomes; and supporting new, creative approaches to preventing crime and promoting safe communities.
Additionally, to commemorate Community Policing Week, The COPS Office announced the launch of the eighth annual “Community Policing in Action” Photo Contest. The contest, piloted in 2014, has received widespread support from law enforcement for providing a platform that visually demonstrates community policing and emphasizes the importance of building and maintaining relationships with community members.
The COPS Office will select 12 winning photos to be featured on the COPS Office website and its Twitter and Facebook headers for one month during the 2022 calendar year. The winners will also be featured in the COPS Office newsletter, the Community Policing Dispatch, as well as in a COPS Office-issued press release.
The submission deadline is Tuesday, November 2, 2021, at 8 PM ET.
For more information about the COPS office, grant opportunities and the photo contest, visit https://cops.usdoj.gov/
Akron Man Charged with Escape from Northeast Ohio Correctional CenterRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned an indictment charging Joe L. Fletcher III, 33, of Akron, with one count of escape.
According to the indictment, on or about August 18, 2021, the Defendant allegedly escaped from custody in the Northeast Ohio Correctional Center. The Defendant was detained pending trial for charges of felon in possession of a firearm, possession with intent to distribute a controlled substance and possession of a firearm in furtherance of a drug trafficking offense. The Defendant was apprehended by law enforcement officers with the Northern Ohio Violent Fugitive Task Force on August 20, 2021.
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, a defendant’s sentence will be determined by the Court after 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, and, in most cases, it will be less than the maximum.
The investigation was conducted by the ATF, USMS Violent Fugitive Task Force and Akron Police Department. This case is being prosecuted by Assistant United States Attorney Peter E. Daly.
Akron Man Charged with Armed Robbery and CarjackingRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned a seven-count indictment charging Aaron J. Gaines, age 39, whose last known address was in Akron, Ohio, with interference with commerce by robbery, possession of a firearm in furtherance of a crime of violence, attempted carjacking, carjacking and felon in possession of a firearm.
According to the indictment, on or about January 25, 2021, the Defendant is accused of brandishing a firearm, threatening store employees and robbing a convenience store on Arlington Street in Akron. Additionally, the Defendant is accused of discharging a firearm in an attempt to carjack a vehicle and brandishing a firearm in a second, successful attempt to carjack another vehicle.
The Defendant is also charged as a felon in possession of a firearm and ammunition. The Defendant is accused of knowingly possessing a 9mm semiautomatic pistol and ammunition, while prohibited due to previous convictions of aggravated burglary and kidnapping in the Summit County Court of Common Pleas.
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, a defendant’s sentence will be determined by the Court after 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, and, in most cases, it will be less than the maximum.
The investigation was conducted by the FBI and Akron Police Department. This case is being prosecuted by Assistant United States Attorneys Peter E. Daly and Toni Beth Schnellinger Feisthamel.
Cleveland Man Sentenced to 57 Months After Conviction of Felon in Possession of a FirearmRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Darryl Borden, 43, of Cleveland, was sentenced today by Judge Patricia A. Gaughan to 57 months imprisonment after Borden pleaded guilty in May of 2021 to being a felon in possession of a firearm.
According to court records, on July 20, 2020, Cleveland Police Officers responded to a residence after a woman called police, stating that Borden was threatening her with a gun. Officers met the woman outside of the home and were told that Borden was upstairs with a firearm.
Officers entered the residence, announced themselves as police officers, and attempted to search a bathroom. The officers encountered Borden waiting in the bathroom with a weapon drawn and pointed. Borden fired his weapon, and one officer returned fire. One police officer was injured during the gunfire exchange.
Cleveland Police SWAT responded to the scene for a barricaded suspect, and Borden was taken into custody. A handgun with five spent rounds and one live round was recovered from inside the bathroom.
Borden is prohibited from possessing a firearm due to previous convictions for robbery, burglary and sexual battery in the Cuyahoga County Common Pleas Court.
Borden’s sentence will run consecutively with his sentence in the Cuyahoga County Common Pleas Court.
This case was investigated by the ATF and the Cleveland Division of Police. This case is being prosecuted by Assistant U.S. Attorney Scott Zarzycki.
Toledo Man Sentenced to 25 Years After Law Enforcement Officials Seized 8 Kilos of Heroin and Fentanyl from ResidencesRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that on September 28, 2021, U.S. Judge Jack Zouhary sentenced Robert Escobar, 51, of Toledo, Ohio, to 25 years imprisonment after Escobar pleaded guilty in February of 2021 to three counts of possession with the intent to distribute a controlled substance.
According to court records, on separate occasions between March and October of 2019, DEA investigators used a confidential informant to make numerous controlled drug buys from Escobar of substances later determined to contain cocaine and a fentanyl-heroin mixture.
During one of these controlled buys, Escobar remarked to the informant on the potency of the narcotics that he sells, saying, “I’m tellin’ you it’s going to kill ‘em.” On another occasion, Escobar described to the informant two different types of narcotics that he sells, naming them “Maserati” and “XXX,” both of which were marked on packages later seized.
On October 8, 2019, law enforcement officers executed a search warrant at four different residences associated with Escobar and seized almost two kilograms of mixtures containing heroin, approximately three kilograms of mixtures containing fentanyl and over three kilograms of mixtures containing valeryl fentanyl. In addition, agents seized narcotics packaging materials and narcotics proceeds from all four locations.
Court records state that during the execution of a search warrant of an address on N. Michigan Avenue, in addition to the narcotics seized, investigators also confiscated 21 empty kilogram packages, blenders, scales, a vacuum sealer, cutting agents and a respirator type mask. Escobar was arrested following the execution of the search warrants.
The charges in the indictment Escobar pleaded guilty to each carried a penalty enhancement due to Escobar’s previous felony drug conviction in 2001 of conspiracy to possess cocaine with intent to distribute.
This investigation was conducted by the DEA Toledo Task Force and the Toledo Police Department Vice Unit. The Task Force includes representatives of the DEA, Perrysburg Township Police, Ohio State Highway Patrol, Wauseon Police Department, Sylvania Police Department, Ohio Bureau of Criminal Investigation and the Sandusky Police Department and the U.S. Customs and Border Protection. The Toledo Police Department SWAT team also assisted.
This case was prosecuted by Assistant U.S. Attorney Alissa M. Sterling, James L. Morford and former Assistant U.S. Attorney Ashley A. Futrell.
Akron Career Criminal Sentenced to 15 Years After Convictions of Felon in Possession of Firearm and Possession of an Unregistered ShotgunRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Jackie Mitchell Jr., 29, of Akron, was sentenced on September 22, 2021, by Judge Benita Y. Pearson to a term of 15 years imprisonment after Mitchell pleaded guilty in June of 2021 to felon in possession of firearm and possession of an unregistered short-barrel shotgun.
According to court records, on October 21, 2020, Akron Police responded to a call for a domestic violence incident involving shots fired at a residence. Upon arrival, police determined that Mitchell had fired multiple shots from a firearm during the incident. Mitchell fought with the responding police officers at the scene and was subsequently arrested. Police then recovered several firearms from the residence that belonged to Mitchell, including an unregistered short-barrel shotgun, two pistols, two rifles and miscellaneous ammunition.
Mitchell is prohibited from possessing a firearm due to prior convictions of domestic violence, assault and drug trafficking. Mitchell has four prior domestic violence convictions in the Summit County Common Pleas Court. These previous convictions qualified Mitchell to be sentenced as an Armed Career Criminal.
This investigation was conducted by the ATF and the Akron Police Department. This case was prosecuted by Assistant U.S. Attorney Aaron P. Howell.
Man Sentenced to 20 Years in Prison for Attempting to Provide Material Support to ISIS and Attempting to Commit a Hate CrimeRead the Press Release
An Ohio man was sentenced today to 20 years in prison for attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), and attempting to commit a hate crime, for planning an attack on a synagogue in the Toledo, Ohio area.
Damon M. Joseph, aka Abdullah Ali Yusuf, 23, of Holland, Ohio, pleaded guilty in May 2021. According to court documents, in 2018, Joseph drew the attention of law enforcement by posting photographs of weapons and various messages in support of ISIS on his social media accounts, as well as a photograph originally distributed by the media wing of ISIS.
“Inspired by ISIS, Damon Joseph planned to conduct a deadly terrorist attack at a synagogue in Ohio. He hoped to cause mass casualties by selecting a time when numerous innocent victims would be present. For this conduct, he will now spend 20 years in prison,” said Acting Assistant Attorney General Mark J. Lesko of the Justice Department’s National Security Division. "We are committed to identifying, disrupting, and holding accountable individuals who seek to engage in such attacks. I commend the agents, analysts, and prosecutors who identified the threat posed by this defendant and took action to protect the public from his plans.”
“The defendant planned to cause significant harm to members of the Toledo, Ohio, Jewish community by carrying out a violent federal hate crime,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This sentence should send a strong message that those who target people with violence because of their religion, will be held to account. The Department of Justice’s Civil Rights Division will continue to vigorously investigate and prosecute individuals who use violence to attack our religious communities.”
“Today, Damon Joseph was sentenced to 20 years of incarceration and a lifetime term of supervised release for attempting to support ISIS through violent attacks on Jewish congregants, including children, and any first responders who sought to protect and assist them,” said U.S. Attorney Bridget M. Brennan of the Northern District of Ohio. “It is difficult to conceive of a more heinous plot, let alone reconcile that this plot involved violating our country’s solemn obligation to protect the civil rights of every person in an effort to support a foreign terrorist organization. This case should serve as a reminder to anyone considering a similar path: the Department of Justice remains committed to bringing every person who supports a foreign terrorist organization or commits a hate crime to justice.”
“In a matter of months, Damon Joseph progressed from a self-radicalized, virtual jihadist to planning an actual attack on fellow Americans,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office. “Mr. Joseph will now serve time behind bars for his actions. In the name of ISIS, Joseph planned a mass-casualty attack against citizens simply wanting to attend their desired houses of worship, which were two Toledo-area synagogues. Joseph's terroristic actions are antithetical to a just and free society, and he will serve a lengthy sentence as a result. The FBI would like to remind the public to remain vigilant so we can continue to thwart these types of threats together."
Beginning in September 2018, Joseph engaged in a series of online conversations with several undercover FBI agents where he repeatedly stated and affirmed his support for ISIS and produced propaganda which he believed was to be used for ISIS recruitment efforts.
Over the next few weeks, Joseph stated to an undercover agent that he wanted to participate in an attack on behalf of ISIS. On Dec. 2, 2018, Joseph forwarded a document to the agent that laid out his plans for such an attack on “Jews who support state of Israel.” Joseph then stated that he did not necessarily see this as “a martyrdom operation” as his plan accounted for an escape and potential combat with law enforcement.
On Dec. 4, Joseph met with an undercover FBI agent and discussed conducting a mass shooting at a synagogue. Joseph identified two synagogues in the greater Toledo area as potential targets and discussed the types of weapons he believed would inflict mass casualties. Joseph made written notes about the firearms he wanted and provided them to the undercover agent, stating he wanted AR 15s, AK 47, Glock handguns and ammunition.
On Dec. 6, Joseph again met with an undercover agent to discuss his plans. Joseph stated specifically that he wanted to kill a rabbi and wrote the name and address of the synagogue where the attack was to occur and stated that he had conducted research to determine when the Jewish sabbath was so that more people would be present.
Later that day, the undercover agent told Joseph that he had purchased rifles for the attack. The two met on Dec. 7 at a predetermined location, where Joseph took possession of a black duffel bag containing two semi-automatic rifles, which had been rendered inoperable by law enforcement officers so that they posed no danger to the public. Joseph was then arrested.
The FBI’s Joint Terrorism Task Force, comprised of over 50 federal, state and local law enforcement agencies, investigated the case.
Assistant U.S. Attorneys Michelle Baeppler and Jerome Teresinski of the Northern District of Ohio and Trial Attorneys Alexandra Hughes and Joshua Champagne of the National Security Division’s Counterterrorism Section, as well as AeJean Cha of the Civil Rights Division prosecuted the case.
Cleveland City Councilman Convicted of Federal Program Theft, Tax Violations, Witness Tampering and Falsifying RecordsRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal jury found Cleveland City Councilman Kenneth Johnson, 75, guilty of all 15-counts charged in an indictment related to two federal program theft schemes Johnson organized and executed while serving as Ward 4 Councilman in the City of Cleveland. Garnell Jamison, 62, was also convicted of 11-counts for his role and participation in one of the schemes.
Following a seven-day trial, Johnson was convicted of two counts of conspiracy to commit federal program theft; six counts of federal program theft; five counts of aiding and assisting in the preparation of false tax returns; one count of tampering with a witness and one count of falsification of records in a federal investigation.
Jamison was convicted of 11-counts, including federal program theft, aiding and assisting in the preparation of false tax returns, tampering with a witness and falsification of records in a federal investigation. Jamison worked for the City of Cleveland as Johnson’s Executive Assistant, a position he held for over 20 years.
Johnson and Jamison were indicted by a grand jury on February 18, 2021.
Evidence presented at trial established that from January of 2010 through October of 2018, Johnson and Jamison devised a scheme to induce the City of Cleveland to issue reimbursement checks to Johnson for Ward 4 services that were never actually performed. Court records established that during this time frame, the City issued $1,200 monthly expense reimbursement checks to Johnson totaling approximately $127,200. Each reimbursement check from the City was deposited into Johnson’s personal bank account.
Additionally, Johnson was convicted of personally benefiting from federal Community Development Funds distributed to the Buckeye Shaker Square Development Corporation (BSSDC) from the City of Cleveland. From in or around December 2013 to in or around March 2018, prosecutors proved that the BSSDC issued approximately $50,000 in checks distributed to third-parties, which were later deposited or transferred the funds into bank accounts held or controlled by Johnson. Federal regulations prohibited Johnson, or his family members, from personally benefiting from these funds.
Furthermore, prosecutors proved that for calendar years 2014, 2015, 2016, 2017, and 2018, Johnson and Jamison submitted false and fraudulent Individual Income Tax Returns to the Internal Revenue Service. Court evidence and testimony proved that Johnson and Jamison knew that the returns were false and fraudulent in that each return understated Johnson’s total income by failing to report additional income and by inflating the value of Johnson’s itemized deductions.
Lastly, Johnson and Jamison were convicted of attempting to persuade and influence the testimony of a grand jury witness by providing that person with false and fraudulent information and records purporting to document charitable donations made by Johnson. In addition, Johnson and Jamison falsified a donation receipt with the intent to impede, obstruct and influence an investigation.
Johnson and Jamison will be sentenced on October 8, 2021.
This case was investigated by the Cleveland Division of the FBI, Department of Housing and Urban Development Office of Inspector General and IRS-Criminal Investigation. This case is being prosecuted by Assistant United States Attorneys Justin Seabury Gould and Megan R. Miller.
Two Florida Men Sentenced for Running Grandparent Scam in Northern OhioRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that two Tampa, Florida men were sentenced today by U.S. Judge Pamela A. Barker for operating a “Grandparent Scam” that targeted elderly victims in the Northern District of Ohio and elsewhere and caused victims a combined total loss of $383,932.
John Tyler Pla, 25, was sentenced to 37 months imprisonment, and Johnny Lee Palmer, 26, was sentenced to 33 months imprisonment. Both Pla and Palmer were also ordered to pay restitution in the amount of $383,932 to their victims. Pla and Palmer both previously pleaded guilty to conspiracy to commit wire fraud and wire fraud.
According to court records, from July 20, 2020, to August 28, 2020, Pla and Palmer orchestrated a “Grandparent Scam” that targeted elderly victims in Northern Ohio cities, including Brecksville, Parma, Gates Mills, Lorain, Mansfield, Fairview Park, Westlake and Mentor.
Other members of the scheme would call elderly victims pretending to be a relative or an attorney for that relative and claim that the family member had been arrested and, as a result, required money for bail. A member of the scheme would then arrange with the victim to collect the money through a purported “courier.” Instead, Pla or Palmer would travel to the victim’s residence and collect the money.
The investigation was conducted by the Cleveland Division of the FBI and the Westlake Police Department. This case was prosecuted by Assistant U.S. Attorney Brian McDonough.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.
Port Clinton Physician Convicted of Prescribing Controlled Substances Without Medical Necessity and Health Care FraudRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal jury found William R. Bauer, 84, of Port Clinton, Ohio, guilty of prescribing powerful controlled substances, including opioids, to patients without medical necessity and outside the usual course of medical practice.
Following a two-week trial, Bauer was convicted on Wednesday, July 21, 2021, of 76 counts of distribution of controlled substances and 25 counts of health care fraud. Bauer was initially indicted in August of 2019, and a superseding indictment was filed in October of 2019. The indictment was amended again in June of 2021.
Evidence presented at trial established that between 2015 and 2019, Bauer, at his practice in Bellevue, Ohio, repeatedly prescribed controlled substances including Oxycodone, Fentanyl, Morphine, and Tramadol, outside the usual course of professional practice and not for a legitimate medical purpose. The indictment focused on Bauer’s treatment of 14 patients. The evidence presented at trial showed that Bauer prescribed high doses of opioids and other controlled substances to patients without regard to any improvement in pain level, function, or quality of life; prescribed dangerous drug combinations; failed to consider a patient’s state of addiction and ignored warning signs of abuse and diversion such as patient family members stealing medications, patients frequently requesting early refills, patients losing medications and other actions.
Bauer was also convicted of health care fraud. Evidence introduced at trial established that Bauer regularly administered epidural injections and trigger point injections, without medical necessity, that failed to meet certain procedural requirements. Because these injections failed to meet the procedural requirements, they were rendered ineffective and were fraudulently billed to insurers. Evidence at trial also showed that between January 2007 and August 16, 2019, Bauer prescribed controlled substances outside the usual course of medical practice and not for a legitimate medical purpose, thus resulting in insurers paying for medically unnecessary controlled substances.
Sentencing will be determined at a later date.
This case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Department of Health and Human Services – Office of Inspector General and the Ohio Attorney General’s Office. The case is being prosecuted by Assistant U.S. Attorneys Ava R. Dustin, Michael A. Sullivan, Robert N. Melching and Payum Doroodian.
Two Romanian Nationals Charged for Roles in an International Online Auction Fraud SchemeRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that two Romanian nationals were charged in a twelve-count indictment, unsealed in federal court today, stemming from their roles in an international criminal network, whose members engaged in a wide-ranging online auction fraud scheme that targeted victims in the Northern District of Ohio and elsewhere in the United States.
Costel Alecu, 37, of Bucharest, Romania, and Madalin Ghinea, 34, of Alexandria, Romania, are both charged in the indictment with one count of conspiracy to commit wire fraud, eight counts of wire fraud, one count of conspiracy to traffic in counterfeit service marks, one count of conspiracy to commit money laundering and one count of aggravated identity theft. Alecu and Ghinea were arrested by Romanian authorities in March of 2021.
The indictment alleges that beginning in July of 2008 through August of 2020, Alecu, Ghinea and others known and unknown to the Grand Jury, devised a scheme to entice victims in the United States and elsewhere to purchase items online, including vehicles and other high-value items, that did not exist and to obtain the personal identifying information of their victims. As a result, victims suffered a combined loss of approximately $9 million USD.
To conduct their scheme, Alecu and other members of the conspiracy created accounts on various auction websites to post advertisements for goods that did not exist. In certain cases, Alecu and others allegedly created and used fictitious websites, email addresses and other forms of communication that contained counterfeit trademark information designed to convince their victims that the advertisements were genuine. Furthermore, it is alleged that the group used a number of fraudulent online communication templates and email addresses intended to deceive victims into believing that they were communicating with legitimate business representatives, when in fact, they were speaking with a member of the conspiracy.
The indictment states that around August of 2014, Alecu and Ghinea exchanged a number of these fraudulent communication templates and the personal identifying information of their victims for use in the scheme to defraud.
Alecu and others allegedly used a network of money launderers and money mules to obtain payment from their victims and transfer the funds overseas.
Additionally, the indictment alleges that Alecu and other members of the group used the stolen personal identifying information of their victims, credit cards and bank accounts to launder money overseas and fund the operation of their network by purchasing items such as Virtual Private Networks and domain names.
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 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.
This case was investigated by the Cleveland FBI with help from authorities in Romania. This case is being prosecuted by Assistant U.S. Attorneys Duncan T. Brown and Brian S. Deckert of the Northern District of Ohio and Senior Counsel Timothy Flowers of the Criminal Division’s Computer Crime and Intellectual Property Section.
Northeast Ohio Priest Pleads Guilty to Charges of Sex Trafficking of a Minor, Sexual Exploitation of a Child and Possession of Child PornographyRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Robert D. McWilliams, 41, of Strongsville, Ohio, pleaded guilty in federal court today to two counts of sex trafficking of a minor, three counts of sexual exploitation of a child, and one count each of transportation of child pornography, receipt and distribution of visual depiction of a minor engaged in sexually explicit conduct and possession of child pornography.
According to court documents, beginning in 2017 and continuing to 2019, McWilliams solicited sexually explicit images of minors online and engaged in sexual acts with minor victims in exchange for alcohol and other things of value. McWilliams used multiple fake personas, including a teenage girl, and several social media mobile applications to contact his minor victims. McWilliams knew some of the victims through his time in the seminary with the Catholic Diocese of Cleveland at a parish where the children and their families were affiliated.
Posing as a female, McWilliams enticed three minor victims to send sexually explicit photographs and videos, sometimes threatening to expose embarrassing information McWilliams already knew about the victims if they did not send such images. When some victims refused to send additional images, McWilliams followed through on his threats and sent sexually explicit photographs to the victims’ mothers.
In addition, McWilliams used the social networking website Grindr.com to make contact with a minor victim for the purpose of engaging in commercial sex. McWilliams then enticed this minor victim to identify another minor victim with whom McWilliams could engage in commercial sex acts. McWilliams met the victims on multiple occasions for the purpose of engaging in sex acts in exchange for money and alcohol.
McWilliams was also in possession of an HP laptop computer and an external hard drive that contained hundreds of images and videos of child pornography. Further investigation revealed McWilliams had a Dropbox cloud storage account where he stored approximately 150 image and video files of child pornography. McWilliams downloaded these image files from the internet and stored them in various folders on his computer devices.
McWilliams is scheduled to be sentenced on November 9, 2021 and faces a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by the Geauga County Prosecutor’s Office with assistance from the Department of Homeland Security, Homeland Security Investigations and Ohio Internet Crimes Against Children (“ICAC”) Task Force. James Flaiz, the Geauga County Prosecutor, is an assigned Special Assistant U.S. Attorney on this matter. The case is being prosecuted by Acting U.S. Attorney Bridget M. Brennan and Assistant U.S. Attorney Carol M. Skutnik.
Chesterland Man Charged with COVID-19 Relief FraudRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned a four-count indictment charging Robert Bearden, 49, of Chesterland, Ohio, with three counts of wire fraud and one count of theft of government funds.
According to the indictment, in July of 2020, the Defendant allegedly devised a scheme to fraudulently obtain Economic Injury Disaster Loans (EIDL) guaranteed by the U.S. Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including approximately $60,000 in loans identified in the indictment.
The indictment states that the Defendant allegedly carried out the scheme in a number of ways including, submitting EIDL applications through the SBA’s online application portal that contained false information about existing and non-existing businesses; submitting fraudulent EIDL applications in the name of third parties in return for a kickback of a portion of the funds received and by using the personal identifying information of persons interested in obtaining government pandemic assistance to submit loan applications on their behalf that ultimately went into accounts controlled by the Defendant.
Furthermore, the indictment identifies three fraudulent EIDL loans for a total of approximately $60,000 that the Defendant applied for in July of 2020. After receiving a fraudulent loan in his own name, the Defendant recruited a purported third-party borrower only to use the third party’s information to obtain a $12,300 loan issued not to the third party’s account but to the Defendant’s own account. In another instance, the Defendant obtained a $34,800 loan for another third party in exchange for a $6,000 kickback.
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 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.
This investigation was conducted by the FBI and the IRS – Criminal Investigations. This case is being prosecuted by Assistant U.S. Attorneys Elliot Morrison and Brian M. McDonough.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across the government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts.
For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Kirtland Couple Sentenced to 18 Months for Bribing Former City of Cleveland Official and Tax FraudRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a Kirtland couple was sentenced by U.S. Judge Christopher A. Boyko to 18 months imprisonment after both pleaded guilty to bribery of a former city of Cleveland demolition official.
Joseph Tucceri, III, 75, and Gwen Tucceri, 61, were both sentenced to 18 months imprisonment, two years of supervised release and ordered to pay restitution in the amount of $114,422 to the IRS.
According to court records, the Tucceris owned and operated “R Demolition,” a business that provided demolition and construction services in the Cleveland area. From December of 2016 through May of 218, the Tucceris provided things of value, including more than $1,600 in cash payments, to Rufus Taylor, the former Chief of the Demolition Bureau for the city of Cleveland, in return for expedited service and favorable treatment regarding work performed by R Demolition on contracts within the city of Cleveland.
Additionally, Joseph and Gwen Tucceri submitted false income tax returns that underreported their income for the years 2015, 2016, and 2017. As a result, the returns understated the full amount of taxes owed.
Rufus Taylor was sentenced in June of 2021 to 21 months imprisonment for his role in the scheme.
This case was investigated by the Cleveland Division of the FBI, Department of Housing and Urban Development Office of Inspector General and IRS-Criminal Investigation. This case is being prosecuted by Assistant United States Attorneys Chelsea S. Rice and Elliot D. Morrison.
Gates Mills Man Pleads Guilty to Role in Bookmaking ConspiracyRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that William Mangelluzzi, 48, of Gates Mills, Ohio, pleaded guilty in federal court today to a Bill of Information charging him for his role in a conspiracy to operate an illegal gambling business and attempted income tax evasion.
According to court documents, Mangelluzzi, together with Thomas Reed, 48, of Kirtland Hills, Ohio, and others, owned and operated an illegal gambling business in the Northern District of Ohio. Court records state that Mangelluzzi, a former gambling client of Reed, conspired together with Reed and others in order to conceal the proceeds of the gambling business and make them appear legitimate. In addition, Mangelluzzi deposited large sums of cash into bank accounts and conducted other transactions with Reed and others in order to evade income tax liability.
Reed previously pleaded guilty to a Bill of Information for his role in the conspiracy.
Mangelluzzi’s sentence will be determined by the Court after reviewing 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.
This case was investigated by the United States Secret Service and the Internal Revenue Service Criminal Investigations. This case is being prosecuted by Criminal Chief Robert Bulford and Assistant U.S. Attorney Alejandro Abreu.
Toledo Man Charged with Sinking Vessel and Disposing Garbage in the Maumee RiverRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned a four-count indictment charging Wayne Robert Banks, Jr., 48, of Toledo, Ohio, with the destruction of a vessel, deposit of refuse in navigable waters, obstruction of navigable waters and failure to mark or light a sunken vessel.
According to the indictment, on October 29, 2020, the Defendant willfully sunk and destroyed a 24’ Reinell boat within navigable channels of the Maumee River. The indictment further charges that the Defendant failed to immediately mark the sunken craft with a buoy, beacon or light. The Defendant is also accused of disposing of refuse materials, including bottles, electronic equipment, batteries, cardboard and other garbage in the Maumee River.
If convicted, a defendant’s sentence will be determined by the Court after 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, and in most cases, it will be less than the maximum.
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.
This investigation was conducted by the Coast Guard Investigative Service under the direction of Resident Agent in Charge Edward L. Songer, Detroit, Michigan. This case is being prosecuted by Assistant U.S. Attorney Jody L. King.
Northern Ohio Health System Agrees to Pay over $21 Million to Resolve False Claims Act Allegations for Improper Payments to Referring PhysiciansRead the Press Release
Akron General Health System (AGHS), a regional hospital system based in Akron, Ohio, will pay $21.25 million to resolve allegations under the False Claims Act of improper relationships with certain referring physicians, resulting in the submission of false claims to the Medicare program. AGHS was acquired at the end of 2015 by the Cleveland Clinic Foundation (Clinic) through a full member substitution agreement.
This settlement resolves allegations that between August 2010 and March 2016, AGHS paid compensation substantially in excess of fair market value to area physician groups to secure their referrals of patients, in violation of the Anti-Kickback Statute and the Physician Self-Referral Law, and then submitted claims for services provided to these illegally referred patients, in violation of the False Claims Act. The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid and other federally funded programs.
The Physician Self-Referral Law, commonly known as the Stark Law, prohibits a hospital from billing Medicare for certain services referred by physicians with whom the hospital has an improper financial arrangement, including the payment of compensation that exceeds the fair market value of the services actually provided by the physician. The Clinic voluntarily disclosed to the government its concerns with these compensation arrangements, which were put in place by AGHS’s prior leadership, and received credit for its cooperation in the resolution reached by the parties.
“Improper payments to physicians for referrals threaten the integrity of our health care system and deprive patients of the independent medical decision making that they deserve,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Justice Department is committed to upholding these important interests and to pursuing providers who engage in improper financial arrangements.”
“Medical decisions should be made with a patient’s best interest in mind rather than an illegal financial agreement,” said Acting U.S. Attorney Bridget M. Brennan for the Northern District of Ohio. “This office is committed to taking appropriate action to ensure the integrity of federal healthcare programs.”
“Physicians must make referrals and other medical decisions based on what is best for patients, not to serve profit-boosting business arrangements,” said Special Agent in Charge Lamont Pugh III of HHS-OIG. “Working closely with our law enforcement partners, we will continue to protect taxpayer-funded federal health care programs as well as patients.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Beverly Brouse, the former Director of Internal Audit at AGHS, and Ethical Solutions LLC. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Brouse et al. v. Akron General Health System, Inc. et al., No. 5:15-cv-2720 (N.D. Ohio).
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch and Fraud Section, the U.S. Attorney’s Office for the Northern District of Ohio, HHS-OIG, and the FBI.
The investigation and resolution of this matter illustrate the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS at 800-HHS-TIPS (800-447-8477).
The matter was investigated by Trial Attorney Christopher Wilson of the Civil Division and Assistant U.S. Attorney Patricia M. Fitzgerald.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Postal Employee Charged with Stealing More Than $4,000 from MailRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that an indictment was unsealed today charging Sa’Shanna Estell, 26, of Cleveland, Ohio, with theft of mail by a postal employee.
According to the indictment, between July and September of 2020, the Defendant, a United States Postal Services mail processing associate, knowingly removed from and stole from the mail a $3,870 cashier’s check, eight gift cards totaling approximately $330, an Apple iPad, a smartwatch, a pair of Reebok shoes, other clothing, two packages of THC edibles and $76 in cash.
In total, Estell is estimated to have stolen $4,594.67.
If convicted, a defendant’s sentence will be determined by the Court after 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, and in most cases, it will be less than the maximum.
This investigation was conducted by the Cleveland Resident Office of the U.S. Postal Service Office of Inspector General. This case is being prosecuted by Assistant United States Attorney Andrea Isabella.
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.
Wellington Man Sentenced to Nine Years for Transportation, Possession and Distribution of Child PornographyRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that William D. Schaffer, 53, of Wellington, was sentenced today to nine years imprisonment and five years of supervised release by U.S. District Court Judge Patricia A. Gaughan. Schaffer previously pleaded guilty to transportation of child pornography, possession of child pornography and receipt and distribution of visual depictions of real minors engaged in sexually explicit conduct.
As set out in court documents, law enforcement officers with Homeland Security Investigations (HSI) executed a search warrant at the residence belonging to Schaffer on June 30, 2020, after receiving information from Yahoo! that an email address associated with Schaffer had been used to upload images of child pornography. Upon entering the residence, law enforcement officers encountered Schaffer and located his laptop, which was, at the time, displaying two images of child pornography.
After searching the rest of the residence, law enforcement officers seized numerous laptop computers, hard drives and iPhone devices belonging to Schaffer. A forensic search of the devices found in the residence and online accounts belonging to Schaffer showed that he had amassed a collection of 2,267 images and 257 videos of child pornography. In addition, investigators determined that Schaffer had used a mobile messaging application to trade images of child pornography with others and amassed a large collection in a cloud storage account.
This investigation was conducted by the Department of Homeland Security, Homeland Security Investigations. This case was prosecuted by Assistant U.S. Attorney Carol M. Skutnik.
Statement from Acting U.S. Attorney Bridget M. BrennanRead the Press Release
“The importance of diversity of thought and experiences to the police reform process cannot be overstated,” said Acting U.S. Attorney Bridget M. Brennan. “Professor Ayesha Bell Hardaway was an integral part of this dialogue, bringing a unique combination of local knowledge and legal expertise. Her presence on the Monitoring Team facilitated the progress and successes we have seen to date, and we were disappointed to learn of her resignation.”
Toledo Man Charged with Sex Trafficking and Transportation of a MinorRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned a two-count indictment charging Derrick Murphy, 38, of Toledo, Ohio, with sex trafficking and transportation of a minor.
In April 2021, law enforcement officers received information regarding the sexual exploitation of a minor victim in the Toledo and Detroit areas by an individual later identified as the Defendant. After investigating the information, investigators were able to identify the minor victim and rescue her.
The Defendant was arrested on April 27, 2021.
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 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 Federal Bureau of Investigation – Toledo Resident Agency. This case is being prosecuted by Assistant U.S. Attorney Tracey Ballard Tangeman.
Cleveland Man Charged with Starting Fire in Restaurant During May 30 Demonstrations in Downtown ClevelandRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned an indictment charging Michael Sloan, 26, of Cleveland, with explosive destruction of property.
According to court documents, on May 30, 2020, it is alleged that the Defendant maliciously began a fire inside Rebol Restaurant, located on 101 West Superior Ave in Cleveland.
The affidavit in support of the criminal complaint states that, following the events that occurred in downtown Cleveland on May 30, 2020, investigators with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) began to review surveillance camera footage from that day. While examining the footage, investigators observed a subject, later identified as the Defendant, allegedly enter Rebol Restaurant, start a fire, place additional fuel on the fire and then exit the restaurant. Police officers arrived moments later to extinguish the fire.
The following day, the affidavit states that investigators determined the fire to be incendiary and caused by an open flame applied to combustibles. Investigators identified the Defendant as the subject who allegedly caused the fire thanks, in part, to tips received from the public after images and video were released to the media.
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 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.
This investigation was conducted by the ATF with the help of the Cleveland Police Department. This case is being prosecuted by Assistant United States Attorney Adam J. Joines.
Cleveland Man Charged with Multiple Robberies throughout Cuyahoga CountyRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury sitting in Cleveland returned a six-count indictment charging Christopher Prowell, 61, of Cleveland, with committing multiple robberies throughout the Cuyahoga County area.
According to the indictment, it is alleged that on February 18, 2021, the Defendant robbed a Peoples Bank in Beachwood and a Sunoco Gas Station in Independence. On February 28, the Defendant allegedly robbed a GetGo Gas Station in Lyndhurst and a BP Gas Station in Brooklyn.
On March 3, 2021, it is alleged that the Defendant robbed a PNC Bank in Shaker Heights and, on March 24, 2021, a Key Bank in South Euclid. While committing the robbery at the Key Bank in South Euclid and some of the other businesses, it is alleged that the Defendant used a box cutter to threaten employees.
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, a defendant’s sentence will be determined by the Court after 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 and in most cases it will be less than the maximum.
The investigation was conducted by the FBI with the help of local police departments. This case is being prosecuted by Assistant United States Attorney Scott C. Zarzycki.
Career Criminal in Akron Sentenced to 20 Years for Firearms OffensesRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Delamon A. Marshall, 41, of Akron, Ohio, was sentenced on Thursday, June 10, 2021, to 20 years imprisonment and five years of supervised release by U.S. District Court Judge Christopher A. Boyko. Marshall previously pleaded guilty to two counts of being a felon in possession of a firearm and ammunition and two counts of possession of a firearm with an obliterated serial number.
“Mr. Marshall’s lengthy prison sentence is a direct result of his own choices and extensive criminal history,” said Acting U.S. Attorney Bridget M. Brennan. “Despite numerous opportunities to steer away from violent criminal conduct, he chose otherwise and will now face 20 years of incarceration.”
“There is no place in our society for those who use firearms for violent, criminal purposes,” said Roland H. Herndon, Jr., Special Agent in Charge of ATF’s Columbus Field Division. “Given Marshall’s history, and his actions in this case that resulted in the death of another person, it is appropriate that he received this lengthy sentence. ATF will continue to work with our law enforcement partners at the federal, state, and local levels to investigate and prosecute individuals who show a callous disregard for the safety of our community.”
As set out in court documents and testimony, on February 22 and March 17, 2017, on two separate occasions, Marshall, a convicted felon, possessed a firearm with ammunition and an obliterated serial number. Marshall is prohibited from possessing a firearm due to prior convictions for bank robbery and domestic violence.
On February 22, 2017, Marshall was pulled over in a vehicle by police officers with the Akron Police Department. During the traffic stop, Marshall was arrested for driving under a license suspension and advised officers that he was in possession a firearm and was a previously convicted felon. Officers searched the vehicle and located a Glock 9mm pistol in the center console. The firearm contained ammunition and an obliterated serial number.
On March 17, 2017, Marshall was in a confrontation with another individual in the Akron area. Marshall and the other individual exchanged gunfire and each sustained gunshot wounds. The other individual was pronounced deceased at the scene. After investigating the incident, officers determined that both individuals were carrying a firearm and Marshall was in possession of Ruger 9mm pistol with an obliterated serial number.
Marshall has a lengthy criminal history with numerous convictions for drug abuse, domestic violence and firearms offenses. Marshall’s criminal history qualifies him to be classified as an armed career criminal according to federal law and federal sentencing guidelines.
This investigation was conducted by members of the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Marshals Service, Copley Police Department, Akron Police Department, Youngstown Police Department, Bureau of Criminal Investigation for the Ohio Attorney General and the Summit County Coroner’s Office. This case was prosecuted by Assistant United States Attorney Damoun Delaviz.
Man Indicted for Sending Threatening Text Message to Social WorkerRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned a one-count indictment on May 27, 2021, charging Daniel Devaty, 49, of Elyria, Ohio, with influencing a federal official by threatening a family member.
According to the affidavit in support of the criminal complaint, on March 24, 2021, it is alleged that the Defendant sent a text message to the government-issued cell phone of a Department of Veterans Affairs (VA) Social Worker threatening to kill his daughters. Law enforcement officials with the Department of Veterans Affairs, Office of Inspector General (OIG) investigated the alleged threat and determined that the VA social worker previously worked with the Defendant on a HUD-VA program that offered support services to homeless Veterans and their families to help find and sustain permeant housing.
According to the affidavit, the Defendant was admitted to the HUD-VA program in March of 2014 and was removed in January of 2021 after numerous complaints of physical threats and public intoxication. The Defendant stated to law enforcement investigators that he sent the threatening text message to the cell phone of the VA social worker and a non-threatening message to another social worker after learning of his removal from the program.
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 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.
This investigation was conducted by the Department of Veterans Affairs, Office of Inspector General (OIG) and the Cleveland VA Medical Center (VAMC) Police Department. This case is being prosecuted by Assistant U.S. Attorney Bryson Gillard.
Latvian National Charged for Alleged Role in Transnational Cybercrime OrganizationRead the Press Release
A Latvian national was arraigned in federal court in Cleveland, Ohio, today on multiple charges stemming from her alleged role in a transnational cybercrime organization responsible for creating and deploying a computer banking trojan and ransomware suite of malware known as “Trickbot.”
Alla Witte, aka Max, 55, is charged in 19 counts of a 47-count indictment, which accuses her of participating in a criminal organization referred to as the “Trickbot Group,” which deployed the Trickbot malware. The Trickbot Group operated in Russia, Belarus, Ukraine, and Suriname, and primarily targeted victim computers belonging to businesses, entities, and individuals, including those in the Northern District of Ohio and elsewhere in the United States. Targets included hospitals, schools, public utilities, and governments. Witte, who previously resided in Paramaribo, Suriname, was arrested on Feb. 6, in Miami, Florida.
“This indictment demonstrates the strategic approach and broad reach of the Department of Justice’s Ransomware and Digital Extortion Task Force,” said Deputy Attorney General Lisa O. Monaco. “Trickbot infected millions of victim computers worldwide and was used to harvest banking credentials and deliver ransomware. The defendant is accused of working with others in the transnational criminal organization to develop and deploy a digital suite of malware tools used to target businesses and individuals all over the world for theft and ransom. These charges serve as a warning to would-be cybercriminals that the Department of Justice, through the Ransomware and Digital Extortion Task Force and alongside our partners, will use all the tools at our disposal to disrupt the cybercriminal ecosystem.”
“The Trickbot malware was designed to steal the personal and financial information of millions of people around the world, thereby causing extensive financial harm and inflicting significant damage to critical infrastructure within the United States and abroad,” said Acting U.S. Attorney Bridget M. Brennan of the Northern District of Ohio. “Federal law enforcement, along with assistance provided by international partners, continue to fight and disrupt ransomware and malware where feasible. We are united in our efforts to hold transnational hackers accountable for their actions.”
“Witte and her associates are accused of infecting tens of millions of computers worldwide, in an effort to steal financial information to ultimately siphon off millions of dollars through compromised computer systems,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office. “Cyber intrusions and malware infections take significant time, expertise, and investigative effort, but the FBI will ensure these hackers are held accountable, no matter where they reside or how anonymous they think they are.”
The indictment alleges that beginning in November of 2015, Witte and others stole money and confidential information from unsuspecting victims, including businesses and their financial institutions in the United States, United Kingdom, Australia, Belgium, Canada, Germany, India, Italy, Mexico, Spain, and Russia through the use of the Trickbot malware.
Witte and her co-conspirators allegedly worked together to infect victim computers with the Trickbot malware designed to capture online banking login credentials and harvest other personal information, including credit card numbers, emails, passwords, dates of birth, social security numbers and addresses. Witte and others also allegedly captured login credentials and other stolen personal information to gain access to online bank accounts, execute unauthorized electronic funds transfers and launder the money through U.S. and foreign beneficiary accounts.
According to the indictment, Witte worked as a malware developer for the Trickbot Group and wrote code related to the control, deployment, and payments of ransomware. The ransomware informed victims that their computer was encrypted and that they would need to purchase special software through a Bitcoin address controlled by the Trickbot Group to decrypt their files. In addition, Witte allegedly provided code to the Trickbot Group that monitored and tracked authorized users of the malware and developed tools and protocols to store stolen login credentials.
Witte is charged with one count of conspiracy to commit computer fraud and aggravated identity theft; one count of conspiracy to commit wire and bank fraud affecting a financial institution; eight counts of bank fraud affecting a financial institution; eight counts of aggravated identity theft and one count of conspiracy to commit money laundering. The defendant was arraigned before U.S. Magistrate Judge William H. Baughman, Jr. of the U.S. District Court for the Northern District of Ohio. If convicted, she faces a maximum penalty of five years in prison for conspiracy to commit computer fraud and aggravated identity theft; 30 years in prison for conspiracy to commit wire and bank fraud; 30 years in prison for each substantive bank fraud count; a two-year mandatory sentence for each aggravated identity theft count, which must be served consecutively to any other sentence; and 20 years in prison for conspiracy to commit money laundering. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI’s Cleveland Office investigated the case.
Senior Counsel C.S. Heath of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Daniel J. Riedl and Duncan T. Brown of the Northern District of Ohio are prosecuting the case.
This case is part of the Department of Justice’s Ransomware and Digital Extortion Task Force, which was created to combat the growing number of ransomware and digital extortion attacks. As part of the Task Force, the Criminal Division, working with the U.S. Attorneys’ Offices, prioritizes the disruption, investigation, and prosecution of ransomware and digital extortion activity by tracking and dismantling the development and deployment of malware, identifying the cybercriminals responsible, and holding those individuals accountable for their crimes. The department, through the Task Force, also strategically targets the ransomware criminal ecosystem as a whole and collaborates with domestic and foreign government agencies as well as private sector partners to combat this significant criminal threat.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Latvian National Charged for Alleged Role in Transnational Cybercrime OrganizationRead the Press Release
A Latvian national was arraigned in federal court in Cleveland, Ohio, today on multiple charges stemming from her alleged role in a transnational cybercrime organization responsible for creating and deploying a computer banking trojan and ransomware suite of malware known as “Trickbot.”
Alla Witte, aka Max, 55, is charged in 19 counts of a 47-count indictment, which accuses her of participating in a criminal organization referred to as the “Trickbot Group,” which deployed the Trickbot malware. The Trickbot Group operated in Russia, Belarus, Ukraine, and Suriname, and primarily targeted victim computers belonging to businesses, entities, and individuals, including those in the Northern District of Ohio and elsewhere in the United States. Targets included hospitals, schools, public utilities, and governments. Witte, who previously resided in Paramaribo, Suriname, was arrested on Feb. 6, in Miami, Florida.
“This indictment demonstrates the broad reach of the Department of Justice’s Ransomware and Digital Extortion Task Force,” said Deputy Attorney General Lisa O. Monaco. “Trickbot infected millions of victim computers worldwide and was used to harvest banking credentials and deliver ransomware. The defendant is accused of working with others in the transnational criminal organization to develop and deploy a digital suite of malware tools used to target businesses and individuals all over the world for theft and ransom. These charges serve as a warning to would-be cybercriminals that the Department of Justice, through the Ransomware and Digital Extortion Task Force and alongside our partners, will use all the tools at our disposal to disrupt the cybercriminal ecosystem.”
“The Trickbot malware was designed to steal the personal and financial information of millions of people around the world, thereby causing extensive financial harm and inflicting significant damage to critical infrastructure within the United States and abroad,” said Acting U.S. Attorney Bridget M. Brennan of the Northern District of Ohio. “Federal law enforcement, along with assistance provided by international partners, continue to fight and disrupt ransomware and malware where feasible. We are united in our efforts to hold transnational hackers accountable for their actions.”
“Witte and her associates are accused of infecting tens of millions of computers worldwide, in an effort to steal financial information to ultimately siphon off millions of dollars through compromised computer systems,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office. “Cyber intrusions and malware infections take significant time, expertise, and investigative effort, but the FBI will ensure these hackers are held accountable, no matter where they reside or how anonymous they think they are.”
The indictment alleges that beginning in November 2015, Witte and others stole money and confidential information from unsuspecting victims, including businesses and their financial institutions in the United States, United Kingdom, Australia, Belgium, Canada, Germany, India, Italy, Mexico, Spain, and Russia through the use of the Trickbot malware.
Witte and her co-conspirators allegedly worked together to infect victim computers with the Trickbot malware designed to capture online banking login credentials and harvest other personal information, including credit card numbers, emails, passwords, dates of birth, social security numbers and addresses. Witte and others also allegedly captured login credentials and other stolen personal information to gain access to online bank accounts, execute unauthorized electronic funds transfers and launder the money through U.S. and foreign beneficiary accounts.
According to the indictment, Witte worked as a malware developer for the Trickbot Group and wrote code related to the control, deployment, and payments of ransomware. The ransomware informed victims that their computer was encrypted, and that they would need to purchase special software through a Bitcoin address controlled by the Trickbot Group to decrypt their files. In addition, Witte allegedly provided code to the Trickbot Group that monitored and tracked authorized users of the malware and developed tools and protocols to store stolen login credentials.
Witte is charged with one count of conspiracy to commit computer fraud and aggravated identity theft; one count of conspiracy to commit wire and bank fraud affecting a financial institution; eight counts of bank fraud affecting a financial institution; eight counts of aggravated identity theft and one count of conspiracy to commit money laundering. The defendant was arraigned before U.S. Magistrate Judge William H. Baughman Jr. of the U.S. District Court for the Northern District of Ohio. If convicted, she faces a maximum penalty of five years in prison for conspiracy to commit computer fraud and aggravated identity theft; 30 years in prison for conspiracy to commit wire and bank fraud; 30 years in prison for each substantive bank fraud count; a two-year mandatory sentence for each aggravated identity theft count, which must be served consecutively to any other sentence; and 20 years in prison for conspiracy to commit money laundering. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI’s Cleveland Office investigated the case.
Senior Counsel C.S. Heath of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Daniel J. Riedl and Duncan T. Brown of the Northern District of Ohio are prosecuting the case.
This case is part of the Department of Justice’s Ransomware and Digital Extortion Task Force, which was created to combat the growing number of ransomware and digital extortion attacks. As part of the Task Force, the Criminal Division, working with the U.S. Attorneys’ Offices, prioritizes the disruption, investigation, and prosecution of ransomware and digital extortion activity by tracking and dismantling the development and deployment of malware, identifying the cybercriminals responsible, and holding those individuals accountable for their crimes. The department, through the Task Force, also strategically targets the ransomware criminal ecosystem as a whole and collaborates with domestic and foreign government agencies as well as private sector partners to combat this significant criminal threat.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Lorain Man with History of Violence Sentenced to 15 Years After Conviction of Felon in Possession of AmmunitionRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Ronald Mickel, 41, of Lorain, was sentenced on Wednesday, June 2, 2021, by U.S. District Court Judge Sara Lioi to 15 years imprisonment. A federal jury convicted Mickel of being a felon in possession of ammunition in September 2020.
According to court documents and evidence presented at trial, on January 4, 2019, Mickel was sentenced to 3 years of community control supervision following a conviction for domestic violence in the Lorain County Common Pleas Court. In November of 2019, Parole Officers with Ohio Adult Parole Authority (APA) received reliable information that Mickel was in possession of a firearm. On November 21, 2019, Mickel tested positive for THC, a violation of the conditions of his supervision.
As a result of these developments, on November 26, 2019, APA Parole Officers conducted a search at the residence belonging to Mickel and located in the 32 rounds of 9mm ammunition and 16 grams of suspected marijuana. Mickel was arrested and charged with one count of felon in possession of ammunition.
Prior to his arrest on November 26, 2019, Mickel had several convictions for other violent crimes. In 1999, Mickel was convicted of aggravated robbery. In 2013, Mickel was convicted of assault and in 2015, Mickel was convicted on three separate occasions of felony domestic violence and once of burglary. Finally, in 2019, Mickel was once again convicted of felony domestic violence.
This investigation was conducted by the ATF and Ohio Adult Parole Authority. This case was prosecuted by Assistant U.S. Attorneys John C. Hanley and Bryson Gillard.
Former Youngstown Area Physician Sentenced to 22 Years for Sex Trafficking MinorsRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Albert Aiad-Toss, 53, of Canfield, was sentenced today by U.S. District Court Judge Pamela A. Barker to 22 years of imprisonment, lifetime supervised release, a $50,000 fine and a special assessment of $40,800. Aiad-Toss, a Youngstown-area physician at the time of the offense conduct, previously pleaded guilty to seven counts of sex trafficking of a minor and one count of child exploitation. This case is the District’s largest juvenile sex trafficking prosecution to date.
“Juvenile sex traffickers like Aiad-Toss prey upon our most important resource – our children,” said Acting U.S. Attorney Bridget M. Brennan. “Through the collaborative efforts of the Ashland Police Department, the Federal Bureau of Investigation, the Ashland County Prosecutor’s Office and our office, law enforcement has once again demonstrated our unwavering commitment to holding traffickers accountable and protecting our children. The young victims in this case bravely and courageously shared their experiences and certainly prevented other young girls from being similarly victimized.”
“The sentence today is the culmination of months of hard work by multiple law enforcement agencies to bring this offender to justice,” said Christopher Tunnell, Ashland County Prosecutor and Special Assistant U.S. Attorney. “We are sending a unified message to anyone perpetrating crimes against our children that no matter who you are, we will bring every resource at our disposal to bear upon you, and you will be made to answer for your crimes.”
"The abuse of a child is both despicable and incomprehensible," said FBI Special Agent in Charge Eric B. Smith. "Aiad-Toss, using his position of trust, admitted to engaging in sexual acts with minors. As a result, Aiad-Toss will be serving a significant and just sentence in federal prison. Law enforcement will continue our unceasing efforts to protect our most precious resource, our children."
As set out in court documents, between June 1, 2019, and June 29, 2019, Aiad-Toss used the online application Snapchat to entice, recruit and patronize six minor female victims, all between the ages of 12 and 15, to engage in sexual conduct with him by providing them with money, alcohol, new clothes and other items of value. He specifically budgeted $2,000 per month to be spent on obtaining young girls for sexual exploitation.
To avoid detection, Aiad-Toss targeted young girls in Ashland County, which was approximately 90 miles away from his home in Youngstown, to avoid being seen by anyone he knew. To further avoid detection, he typically arranged for the girls to enter hotel rooms through a side door rather than through the main entrance.
Many of Aiad-Toss’ encounters involved more than one of the juvenile victims meeting him in a hotel room at the same time. On June 15, 2019, surveillance video obtained by investigators show Aiad-Toss inside a hotel with three juvenile victims. Additionally, investigators located an image taken on June 17, 2019, depicting Aiad-Toss in a vehicle with three juvenile victims.
Aiad-Toss’ conduct also included the exploitation of another child by using Snapchat to entice and receive sexually explicit images and videos.
Aiad-Toss was arrested on July 5, 2019.
This case was investigated by the Federal Bureau of Investigation and the Ashland Police Department. This case was prosecuted by Assistant U.S. Attorney Ranya Elzein, Acting U.S. Attorney Bridget M. Brennan and with the assistance of Ashland County Prosecutor and Special Assistant U.S. Attorney Christopher Tunnell.
Former City of Cleveland Demolition Bureau Chief Sentenced to 21 Months for Bribery and ExtortionRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Rufus Taylor, 62, was sentenced today by U.S. District Court Judge Christopher A. Boyko to 21 months imprisonment, one year of supervised release and ordered to pay a $5,000 fine. Taylor, the former head of the city of Cleveland’s Demolition Department, pleaded guilty to bribery in federally funded programs and extortion under color of official right in September of 2018.
According to court documents, from 2012 through 2017, Taylor was employed by the City of Cleveland as Chief of the Demolition Bureau. Among other duties, Taylor was responsible for assigning “board-up” of vacant properties to contractors, emergency demolition jobs and conducting inspections, which had to take place before a contractor could receive payment.
From November of 2013 through September of 2017, court documents state that Taylor received and solicited cash bribes from Contractor 1 and Contractor 2 in exchange for preferential treatment and advantageous information on city of Cleveland demolition projects.
On or about November 2, 2013, through September 1, 2017, Taylor received cash payments from Contractor 1 in return for assistance placing Contractor 1 on the city of Cleveland bid list for a demolition job. Taylor also sought payment from Contractor 1 in return for notification of an emergency demolition job. At various other times between November 2013 and November 2015, Contractor 1 provided Taylor with cash payments.
Additionally, from August of 2015 through July of 2016, Taylor received cash payments from Contractor 2 in return for a list of companies bidding on a demolition job, information concerning the then-current lowest bids for the job and a list of bid numbers for another pending demolition job.
This case was investigated by the Federal Bureau of Investigation, the Department of Housing and Urban Development’s Office of Inspector General and the Internal Revenue Service – Criminal Investigations. This case was prosecuted by Assistant U.S. Attorneys Chelsea Rice and Elliot Morrison.
Parma Man Charged with Stealing $80,000 in Federal Income and Employment Assistance BenefitsRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a 52-count federal indictment was unsealed today charging Fouad Saeed Abdulkadir, 42, of Parma, Ohio, with devising and enacting a scheme to defraud the State of Ohio and steal public funds.
The Defendant is charged with various counts of wire fraud, aggravated identity theft and theft of public money.
According to the indictment, from on or about November 22, 2016, to on or about December 7, 2018, the Defendant is accused of orchestrating a scheme to defraud the state of Ohio by submitting fraudulent applications and receiving funding for employment and income assistance while gainfully employed.
The indictment states that the Defendant was employed at a religious center located in Parma, Ohio. As part of his employment, the Defendant was paid a yearly salary, provided health insurance and received performance and seniority-based bonuses and incentives.
According to the indictment, around October of 2016, the Defendant submitted a fraudulent application for participation in the Ohio Department of Job and Family Services (ODJFS) Ohio Works First (OWF) program by falsely listing his income as “0” in order to qualify for employment and income assistance. The OWF program is a federally funded initiative.
From November 22, 2016, to on or about December 7, 2018, the indictment alleges that the Defendant filed monthly ODJFS OWF program forms claiming that he worked in a volunteer capacity for the religious center. It is alleged that on every form submitted to the program, the Defendant listed fictitious volunteer work hours while receiving payment for these hours from the religious center. It is also alleged that on each of these forms, the Defendant used a forged or fraudulent signature of a person he claimed to be his volunteer supervisor.
As a result of these fraudulent submissions, the indictment alleges that the Defendant illicitly obtained more than $15,000 in federal funds through the OWF program.
In addition, the indictment alleges that from on or about July 2016, through on or about July 2019, the Defendant fraudulently applied for and received approximately $41,559.24 in Medicaid benefits and approximately $23,599 in Supplemental Nutrition Assistance Program (SNAP) benefits.
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 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.
This investigation was conducted by the FBI, CBP and Parma Police Department. This case is being prosecuted by Assistant U.S. Attorney Duncan T. Brown.
Four Charged in Conspiracy that Billed More Than $20 Million in False Claims to MedicareRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned a twenty-four-count indictment charging four individuals for their roles in health care fraud conspiracy that billed more than $20 million in false claims to the Medicare program.
Named in the indictment are Thomas MOX, 53, of Grove City, Ohio; Ryan CASADY, 49, of Uniontown, Ohio; Elizabeth BALJAK, 35, of Pataskala, Ohio and Megan ILG, 53, of Grafton, Ohio.
MOX, CASADY, BALJAK and ILG are all charged with conspiracy to commit health care fraud. In addition, defendants BALJAK and ILG are charged with false statements relating to health care matters. Defendants MOX and CASADY are charged with additional counts of health care fraud and offer and payment of kickbacks in connection with a federal health care program.
Defendant MOX owned and operated a medical marketing company in Grove City, and a durable medical equipment company in Columbus. Defendant CASADY owned and operated separate durable medical equipment companies located in Uniontown. Defendants BALJAK and ILG were nurse practitioners, licensed and certified by the State of Ohio.
According to the indictment, from on or about March 2, 2018, to on or about September 9, 2019, the Defendants are accused of conspiring together to defraud Medicare by obtaining payment for unnecessary medical claims.
BALJAK and ILG, while working for telemedicine companies, are accused of signing prescriptions for medical braces regardless of medical necessity, without a physical examination and frequently without any contact with the beneficiary whatsoever.
It is alleged that these telemedicine companies would then transfer the prescriptions to medical marketing companies, including one owned by MOX, who would then use them as part of an unlawful package of Medicare beneficiary leads sold to durable medical equipment companies. CASADY and others are accused of providing bribes and kickbacks to MOX in exchange for the leads packages, which they would then use to arrange for the ordering of the medical braces for beneficiaries.
In total, the Defendants are accused of billing more than $20 million worth of false claims to Medicare.
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 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.
This investigation was conducted by the Federal Bureau of Investigation, and the Department of Health and Human Services, Office of Inspector General. This case is being prosecuted by Assistant U.S. Attorney Justin Seabury Gould.
Eleven Additional Defendants Charged in Medicaid Fraud SchemeRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that eleven additional defendants were charged in a 77-count superseding indictment for their roles in a scheme to defraud Medicaid through fraudulent billing practices. Ten Defendants, including the company, were previously charged in an indictment announced in November of 2020.
Named in the November 2020 indictment were Eye for Change Youth and Family Services, Inc., Alfonzo D. BAILEY, 38, Sandra WILSON, age 52, Tremayne KELLOM, 41, all of Cleveland; David BROWN, 39, of Maple Heights; Valerie WHITE, age 51, of Columbus; Cheria OLIVER, age 31, of Canal Winchester; Charchee TUCKER, age 43, of Warrensville Heights; Allen STEELE, age 38, of Parma and Kamelah GANAWAY, age 43, of Macedonia.
Named in the superseding indictment unsealed today are Luray BAKER, 24, of Euclid; Quiana BELL 41, of Maple Heights; Larvell FELLOWS, 44, of Cuyahoga Falls; Timothy GORHAM, 41, of Cleveland Heights; Donald HENDERSON, 39, of Bedford; Eric KING, 33, of Cleveland; Brandi LITTLE, 37, of Twinsburg; Chelsea TARVER, 32, of North Ridgeville; Mitchell TOWNSEND, 38, of Garfield Heights; Nyshia WARE, 28, of Akron and Lesia NIAMKE, 48, of Sagamore Hills.
The Defendants are charged with various counts of conspiracy to commit health care fraud, health care fraud, making a false statement relating to health care matters, conspiracy to commit money laundering and money laundering.
According to the indictment, from February 2017 through September 2020, the Defendants are accused of engaging in a conspiracy to defraud Medicaid. In order to carry out the conspiracy, the indictment states that the Defendants would submit billings to Medicaid for services that were never performed and without proper treatment plans or evaluations.
In addition, the Defendants are accused of directing employees to misdiagnose Medicaid beneficiaries to receive authorization from the Ohio Department of Medicaid to provide services and bill at higher rates. Furthermore, the indictment states that some Defendants allowed employees to insert false progress notes into beneficiary records in order to create the fictitious documents needed to submit their claims.
In some instances, the Defendants are accused of allegedly paying kickbacks in the form of cash, gift cards, and rent/bill payments to Medicaid beneficiaries to obtain these beneficiaries as clients and to bill Medicaid for services never rendered.
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 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 Cleveland Division of the FBI, the Department of Health and Human Services -- Office of the Inspector General and the Ohio Attorney General’s Healthcare Fraud Section. This case is being prosecuted by Assistant U.S. Attorney Michael L. Collyer and Special Assistant U.S. Attorney Jonathan L. Metzler.
Mahoning County Man Pleads Guilty to Using a Firearm to Threaten a Jewish Community Center in YoungstownRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that James P. Reardon, 22, of New Middletown, Ohio, pleaded guilty in federal court today to a two-count indictment charging him with transmitting a threatening communication and possession of a firearm in furtherance of a crime of violence.
According to the court documents, on August 16, 2019, New Middletown police contacted the FBI after being made aware of a video uploaded to Instagram by a user later identified as Reardon. In the video, Reardon is seen holding an assault rifle in multiple firing positions with audio of gunshots, sirens and people screaming added into the background.
The video also had a caption that stated: “Police identified the Youngstown Jewish Family Community shooter as local white nationalist Seamus O'Rearedon." The video is shown to be tagged at the Jewish Community Center of Youngstown.
On August 16, 2019, New Middletown police officers and members of the FBI Mahoning Violent Crimes Task Force gather to prepare to execute a search warrant at Reardon’s residence. During this time, federal agents reviewed other videos involving Reardon, including a National Geographic documentary in which Reardon attended the "Unite the Right" rally in Charlottesville, Virginia, in August of 2017.
Later that day, law enforcement executed the search warrant at Reardon’s residence and, upon entering the basement, investigators observed several firearms and clothing articles that were observed in Reardon’s Instagram video postings, including an MP-40 submachine gun like the one depicted in the video; an AR-15 assault rifle; numerous Nazi World War II propaganda posters; a rifle bayonet and vintage U.S. military equipment.
While officers were executing the search warrant, Reardon arrived at the residence and was arrested without incident.
Reardon is scheduled to be sentenced on September 22, 2021. A federal district court judge will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by the Federal Bureau of Investigation, the Mahoning Valley Violent Crimes Task Force and the New Middletown Police Department. This case is being prosecuted by Assistant U.S. Attorney David M. Toepfer.
California Man Sentenced to Nine and a Half Years for Trafficking Fentanyl and Firearms OffensesRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that on Thursday, May 20, 2021, Brandon D. Hibler, 35, of California, was sentenced by U.S. Judge Donald C. Nugent to 115 months imprisonment. Hibler pleaded guilty to possession with the intent to distribute fentanyl, possession of a firearm in furtherance of a drug tracking crime and felon in possession of a firearm in January of 2021.
According to court records, on the night of April 26, 2020, while conducting a routine patrol, an officer with the Peninsula Police Department observed a vehicle parked overnight in a parking lot area of the Cuyahoga Valley National Park. The officer investigated the vehicle due to the park’s closure and discovered that the vehicle had been reported stolen. At this time, additional police officers with the Richfield Police Department arrived to assist the officer. The officers then approached the vehicle and discovered a man, later identified as Hibler, and an adult female sleeping in the rear.
Shortly thereafter, a Park Ranger with the National Park Service arrived to conduct a search of the vehicle and assist with the investigation. During the search, the Ranger located numerous personal drug use and drug trafficking items, including digital scales, hypodermic syringe needles, a Naloxone spray cartridge, multiple fentanyl test strips and a loaded .44-caliber revolver. An additional 9mm-caliber pistol containing Hibler’s DNA was later discovered in the area near where the vehicle was parked.
The Park Ranger then searched Hibler himself and found a plastic bag containing a substance later determined to consist of a fentanyl mixture. After Hibler's identity was established, he told the law enforcement officers present that he believed he had an existing warrant from the state of California and that he sells heroin to make money. Hibler is prohibited from possessing a firearm due to previous convictions for assault and child abuse in the Superior Court of California.
This investigation was conducted by the Federal Bureau of Investigation, National Park Service, Summit County Sheriff’s Office, Peninsula Police Department and Richfield Police Department. This case was prosecuted by Assistant U.S. Attorney Damoun Delaviz.
Ohio Man Pleads Guilty to Providing Material Support to ISIS and Attempting to Commit an Attack at a Toledo-Area SynagogueRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Damon M. Joseph, aka Abdullah Ali Yusuf, 23, of Holland, Ohio, pleaded guilty today to attempting to provide material support to the Islamic State of Iraq and al-Sham, aka ISIS, and attempting to commit a hate crime, for planning an attack on a synagogue in the Toledo, Ohio area.
“Damon Joseph was inspired by ISIS’ call to violence and hate," said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. "He planned to target innocents at a Toledo-area synagogue based on their religion and hoping that it would lead to the deaths of many and spread fear. His actions would have been an assault on the liberties and respect for humanity we hold so dear. We will continue to make every effort to prevent such attacks from occurring. I commend the agents, analysts, and prosecutors who identified the threat posed by this defendant and took action to protect the public from his plans.”
“The defendant’s attempt to cause significant harm to members of the Toledo, Ohio, Jewish community constitutes both a federal hate crime and an act of domestic terrorism,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “The Department of Justice’s Civil Rights Division will continue to vigorously investigate and prosecute individuals who use violence to attack our religious communities.”
“This investigation highlights the continued threat of violence to our communities posed by ISIS-inspired terrorists – in this case, at a place of worship. With today’s plea, we will be one step closer to seeing justice served,” said Acting Assistant Director Patrick Reddan, Jr. of the FBI’s Counterterrorism Division. “I’m grateful for our partnerships with faith-based communities and with our law enforcement partners on the JTTF for their work on this case, which ultimately prevented this plot from becoming a tragedy.”
“Today, Damon Joseph pleaded guilty for attempting to support ISIS through violent attacks on Jewish congregants while they worshipped,” said Acting U.S. Attorney Bridget M. Brennan for the Northern District of Ohio. “It is difficult to conceive of a more heinous plot, let alone reconcile that this plot involved violating our country's solemn obligation to protect the civil rights of every person as a means of supporting a foreign terrorist organization. We will continue to root out and bring to justice those who support terrorists and those who seek to violate the civil rights of our families, friends and neighbors.”
“In a matter of months, Damon Joseph progressed from a self-radicalized, virtual jihadist to planning an actual attack on fellow Americans,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office. “Mr. Joseph has now accepted responsibility for his actions. In the name of ISIS, Joseph planned a mass-casualty attack against citizens simply wanting to attend their desired houses of worship, which were two Toledo-area synagogues. Joseph's terroristic actions are antithetical to a just and free society, and he will serve a lengthy sentence as a result. The FBI would like to remind the public to remain vigilant so we can continue to thwart these types of threats together."
In 2018, Joseph drew the attention of law enforcement by posting photographs of weapons and various messages in support of ISIS on his social media accounts, as well as a photograph originally distributed by the media wing of ISIS.
Beginning in September 2018, Joseph engaged in a series of online conversations with several undercover FBI agents where he repeatedly stated and affirmed his support for ISIS and produced propaganda he believed was to be used for ISIS recruitment efforts.
Over the next few weeks, Joseph stated to an undercover agent that he wanted to participate in an attack on behalf of ISIS. On Dec. 2, 2018, Joseph forwarded a document to the agent that laid out his plans for such an attack on “Jews who support state of Israel.” Joseph then stated that he did not necessarily see this as “a martyrdom operation” as his plan accounted for an escape and potential combat with law enforcement.
On Dec. 4, Joseph met with an undercover FBI agent and discussed conducting a mass shooting at a synagogue. Joseph identified two synagogues in the greater Toledo as potential targets and discussed the types of weapons he believed would inflict mass casualties. Joseph made written notes about the firearms he wanted and provided them to the undercover agent, stating he wanted AR 15s, AK 47, Glock handguns, and ammunition.
On Dec. 6, Joseph again met with an undercover agent to discuss his plans. Joseph stated specifically that he wanted to kill a rabbi and wrote the name and address of the synagogue where the attack was to occur and stated that he had conducted research to determine when the Jewish sabbath was so that more people would be present.
Later that day, the undercover agent told Joseph that he had purchased rifles for the attack. The two met on Dec. 7 at a predetermined location, where Joseph took possession of a black duffel bag containing two semi-automatic rifles, which had been rendered inoperable by law enforcement officers so that they posed no danger to the public. Joseph was then arrested.
Joseph is scheduled to be sentenced on Tuesday, September 14, 2021 and faces a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI’s Joint Terrorism Task Force, comprised of over 50 federal, state and local law enforcement agencies, are investigating the case.
Assistant U.S. Attorneys Michelle Baeppler and Jerome Teresinski of the Northern District of Ohio and Trial Attorneys Alexandra Hughes and Joshua Champagne of the National Security Division’s Counterterrorism Section, as well as AeJean Cha of the Civil Rights Division are prosecuting the case.
Man Pleads Guilty to Attempting to Provide Material Support to ISIS and Attempting to Commit an Attack at a Toledo-Area SynagogueRead the Press Release
WASHINGTON – Damon M. Joseph, aka Abdullah Ali Yusuf, 23, of Holland, Ohio, pleaded guilty today to attempting to provide material support to the Islamic State of Iraq and al-Sham, aka ISIS, and attempting to commit a hate crime, for planning an attack on a synagogue in the Toledo, Ohio area.
“Damon Joseph was inspired by ISIS’ call to violence and hate," said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. "He planned to target innocents at a Toledo-area synagogue based on their religion and hoping that it would lead to the deaths of many and spread fear. His actions would have been an assault on the liberties and respect for humanity we hold so dear. We will continue to make every effort to prevent such attacks from occurring. I commend the agents, analysts, and prosecutors who identified the threat posed by this defendant and took action to protect the public from his plans.”
“The defendant’s attempt to cause significant harm to members of the Toledo, Ohio, Jewish community constitutes both a federal hate crime and an act of domestic terrorism,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “The Department of Justice’s Civil Rights Division will continue to vigorously investigate and prosecute individuals who use violence to attack our religious communities.”
“This investigation highlights the continued threat of violence to our communities posed by ISIS-inspired terrorists – in this case, at a place of worship. With today’s plea, we will be one step closer to seeing justice served,” said Acting Assistant Director Patrick Reddan, Jr. of the FBI’s Counterterrorism Division. “I’m grateful for our partnerships with faith-based communities and with our law enforcement partners on the JTTF for their work on this case, which ultimately prevented this plot from becoming a tragedy.”
“Today, Damon Joseph pleaded guilty for attempting to support ISIS through violent attacks on Jewish congregants while they worshipped,” said Acting U.S. Attorney Bridget M. Brennan for the Northern District of Ohio. “It is difficult to conceive of a more heinous plot, let alone reconcile that this plot involved violating our country's solemn obligation to protect the civil rights of every person as a means of supporting a foreign terrorist organization. We will continue to root out and bring to justice those who support terrorists and those who seek to violate the civil rights of our families, friends and neighbors.”
“In a matter of months, Damon Joseph progressed from a self-radicalized, virtual jihadist to planning an actual attack on fellow Americans,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office. “Mr. Joseph has now accepted responsibility for his actions. In the name of ISIS, Joseph planned a mass-casualty attack against citizens simply wanting to attend their desired houses of worship, which were two Toledo-area synagogues. Joseph's terroristic actions are antithetical to a just and free society, and he will serve a lengthy sentence as a result. The FBI would like to remind the public to remain vigilant so we can continue to thwart these types of threats together."
In 2018, Joseph drew the attention of law enforcement by posting photographs of weapons and various messages in support of ISIS on his social media accounts, as well as a photograph originally distributed by the media wing of ISIS.
Beginning in September 2018, Joseph engaged in a series of online conversations with several undercover FBI agents where he repeatedly stated and affirmed his support for ISIS and produced propaganda he believed was to be used for ISIS recruitment efforts.
Over the next few weeks, Joseph stated to an undercover agent that he wanted to participate in an attack on behalf of ISIS. On Dec. 2, 2018, Joseph forwarded a document to the agent that laid out his plans for such an attack on “Jews who support state of Israel.” Joseph then stated that he did not necessarily see this as “a martyrdom operation” as his plan accounted for an escape and potential combat with law enforcement.
On Dec. 4, Joseph met with an undercover FBI agent and discussed conducting a mass shooting at a synagogue. Joseph identified two synagogues in the greater Toledo as potential targets and discussed the types of weapons he believed would inflict mass casualties. Joseph made written notes about the firearms he wanted and provided them to the undercover agent, stating he wanted AR 15s, AK 47, Glock handguns, and ammunition.
On Dec. 6, Joseph again met with an undercover agent to discuss his plans. Joseph stated specifically that he wanted to kill a rabbi and wrote the name and address of the synagogue where the attack was to occur and stated that he had conducted research to determine when the Jewish sabbath was so that more people would be present.
Later that day, the undercover agent told Joseph that he had purchased rifles for the attack. The two met on Dec. 7 at a predetermined location, where Joseph took possession of a black duffel bag containing two semi-automatic rifles, which had been rendered inoperable by law enforcement officers so that they posed no danger to the public. Joseph was then arrested.
Joseph is scheduled to be sentenced on Tuesday, September 14, 2021 at 11 a.m. and faces a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI’s Joint Terrorism Task Force, comprised of over 50 federal, state and local law enforcement agencies, are investigating the case.
Assistant U.S. Attorneys Michelle Baeppler and Jerome Teresinski of the Northern District of Ohio and Trial Attorneys Alexandra Hughes and Joshua Champagne of the National Security Division’s Counterterrorism Section, as well as AeJean Cha of the Civil Rights Division are prosecuting the case.
Kent man charged with flying an airplane without a valid pilot certificateRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned a three-count indictment on Thursday, May 13, charging Delbert Garfield Stewart, 70, of Kent, Ohio, with flying an airplane without a valid airman’s certificate.
According to court documents, on June 20, 2019, July 5, 2020 and March 8, 2021, the Defendant knowingly and willfully piloted a Bellanca Model 17-30A single-engine aircraft without a valid airman’s certificate. Court records state that the Defendant obtained an airman certificate in 1978 and purchased the single-engine aircraft in 2010.
In February of 2014, court records state that the Federal Aviation Administration (FAA) suspended the Defendant’s airman certificate, citing numerous FAA regulation violations. In response to the suspension, the Defendant claimed that the FAA did not have authority over him as a private individual not engaged in commerce, according to court records. It is alleged that the Defendant continued to operate the aircraft, despite the 2014 suspension. Stewart’s airman certificate was later revoked.
On June 20, 2019, it is alleged that the Defendant piloted the aircraft from Portage County Regional Airport (KPOV) in Ravenna, Ohio, and landed at the Warsaw Indiana Airport (KASW) in Warsaw, Indiana. While in Indiana, the Defendant allegedly flew the aircraft on multiple flights, with passengers on board.
On July 5, 2020, it is alleged that an FAA official and an Ohio State Trooper attempted to investigate the Defendant and the aircraft when the aircraft landed at Portage County Regional Airport (KPOV), Ravenna, Ohio. The indictment states that the Defendant was the pilot of the aircraft, and an adult passenger was also on board. The FAA official advised the Defendant that his airmen certificate was revoked, and the airworthiness certificate for the aircraft was also suspended.
On March 8, 2021, it is alleged that the Defendant flew from Paulding Northwest Atlanta Airport (KPUJ) in Georgia to KPOV in Ravenna, Ohio. During this flight, it is alleged that the Defendant failed to activate the transponder for the aircraft until he was in close proximity to the KPOV airport. As a result, the Defendant’s aircraft was unable to be tracked by the FAA until the transponder was turned on shortly before landing.
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 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.
This investigation was conducted by the U.S. Department of Transportation-Office of Inspector General, Federal Aviation Administration, Department of Homeland Security, and Ohio State Highway Patrol. This case is being prosecuted by Assistant United States Attorneys Damoun Delaviz and Brad Beeson.
Six in Youngstown-Warren charged with Methamphetamine Drug Trafficking ConspiracyRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced today that a federal grand jury returned a 16-count indictment charging six individuals in the Youngstown-Warren area for their roles in a methamphetamine drug trafficking conspiracy.
Named in the indictment are Neil R. DYE, 36, currently incarcerated at Trumbull Correctional Institution; Jaclyn L. SZACHURY, 35, currently incarcerated at Ohio Reformatory for Women; Mary E. CLEARWATER, 39, of Warren, Ohio; Michael A. LEE, 29, currently incarcerated at Grafton Correctional Institute; Courtney P. WILSON, 30, of Youngstown, Ohio and Timothy M. LOWERY, 33 of Warren, Ohio.
According to the indictment, on or about July 8, 2019, and continuing to on or about December 3, 2020, the Defendants are accused of working together to distribute quantities of methamphetamine in communities throughout the Northern District of Ohio. As part of the conspiracy, it is alleged that defendants DYE and SZACHURY provided methamphetamine to CLEAWATWER for distribution. In turn, CLEAWATWER provided methamphetamine to LEE, WILSON and LOWERY, who then allegedly distributed the drugs to other buyers throughout the district.
On several occasions, the group is accused of selling methamphetamine to confidential FBI sources. In total, the group is accused of distributing at least 500 grams of methamphetamine.
In addition to the drug trafficking charges, Defendant LOWERY is also charged with possessing an unregistered firearm.
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 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.
This case was investigated by the FBI, Mahoning Valley Violent Crimes Task Force, Trumbull Action Group Drug Task Force, Warren PD Street Crimes Unit, Ohio State Highway Patrol and the Summit County Drug Unit. This case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.