Northern District of Ohio
Press releases recorded for this federal judicial district.
Cleveland man found guilty of being a felon in possession of a firearmRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that on Wednesday, May 12, a federal jury found Ronald Sharp, 42, of Cleveland, Ohio, guilty of being a felon in possession of a firearm.
According to court records, in 2006, Sharp was convicted of gross sexual imposition and kidnapping with a sexually motivated specification in the Cuyahoga County Common Pleas Court. Following his release from prison in 2015, Sharp was placed on post-release supervision with the Ohio Adult Parole Authority (APA) and was prohibited from possessing a firearm.
As part of his release from prison, Sharp agreed to certain parole conditions, including being subject to warrantless searches and obeying federal, state and local laws and ordinances. On September 25, 2019, the supervising parole officer for Sharp became aware that Sharp may have been in violation of the terms of his release. Sharp was then taken into custody, and his residence searched. During the search, parole officers found a loaded, 9mm semi-automatic pistol under a bedroom pillow. In addition, officers located a set of camouflaged body armor inside the bedroom closet.
Sharp was then transported to the Cuyahoga County jail on an active hold order for parole violations. DNA samples from the firearm were later matched to DNA taken from Sharp.
Sharp is scheduled to be sentenced on September 1, 2021. This case was investigated by the ATF and APA. This case was prosecuted by Assistant United States Attorneys Margaret Kane and Andrea Isabella.
Cleveland man pleads guilty to being a felon in possession of a firearm after ambush-style shooting of a Cleveland Police OfficerRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Darryl Borden, 43, of Cleveland, Ohio, pleaded guilty in federal court today to being a felon in possession of a firearm after Borden shot a Cleveland Police Officer responding to a call for help last July.
“Borden ambushed two Cleveland Police Officers who were simply trying to do their job and assist a member of the community,” said Acting U.S. Attorney Bridget M. Brennan. “During Police Week, a time where we celebrate the accomplishments of law enforcement and remember those who made the ultimate sacrifice, it is important to remember that situations like this are all too common, and our police officers and other law enforcement regularly risk their lives to protect and assist the communities they serve.”
“We cannot tolerate individuals who commit violent acts against either members of our community or first responders coming to their aid,” stated Roland H. Herndon, Jr., Special Agent in Charge of ATF’s Columbus Field Division. “The Defendant’s criminal history already prohibited him from possessing a firearm, and he showed that he learned nothing from his previous brushes with the legal system. His guilty plea ensures that he will not be a further threat to the safety of our community for quite some time. The men and women of ATF’s Columbus Field Division commend the officers involved on their handling of this confrontation and trust the injured officer is making a full recovery.”
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. Borden, who was inside the bathroom, waited for the officers to open the door and then pointed his firearm at both officers and fired, striking the second officer. The first officer returned fire, and both retreated outside of the home. The second officer sustained gunshot wounds in the arm and back. Cleveland Police SWAT responded to the scene and Borden was soon thereafter 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 has also been indicted by a Cuyahoga County Grand Jury for the attempted murder and felonious assault of the police officer and having a weapon under disability as a result of this incident.
Borden is scheduled to be sentenced on September 14, 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 ATF and the Cleveland Division of Police. This case is being prosecuted by Assistant U.S. Attorney Scott Zarzycki.
Jury convicts Warren man of drug trafficking and firearms offensesRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that on Thursday, May 6, a federal jury found Donald E. Jones, 40, of Warren, Ohio, guilty of drug trafficking and firearms charges as jury trials resume around the Northern District of Ohio. Jones was found guilty of being a felon in possession of firearms and ammunition, possession with intent to distribute heroin and fentanyl, possession with intent to distribute tramadol and possession of a firearm in furtherance of a drug trafficking crime.
According to court documents, on November 11, 2018, at approximately 3:00 a.m., City of Warren Police Officers initiated a traffic stop of a vehicle and identified Jones as the driver, owner, and sole occupant. Officers detected a smell of marijuana coming from the vehicle and initiated a search. During the search, officers discovered a secret compartment beneath the center console where they found a mixture of heroin and fentanyl with a street value of $2,000, multiple tramadol pills, and two loaded guns. In a second secret compartment, officers also found digital scales and drug paraphernalia. At the time of his arrest, Jones had over $3,000 in cash in his wallet and over $5,000 in his shoe. Jones is prohibited from possessing a firearm due to a previous felony conviction.
Jones is scheduled to be sentenced on August 26, 2021, before U.S. Judge Dan Aaron Polster. This case was investigated by the ATF and city of Warren Police Department. This case was prosecuted by Assistant United States Attorneys David M. Toepfer and Kathryn Gaughan Andrachik.
Acting U.S. Attorney Bridget M. Brennan Recognizes National Police WeekRead the Press Release
In honor of National Police Week, Acting U.S. Attorney Bridget M. Brennan is encouraging residents in the Northern District of Ohio to recognize the service of law enforcement officers and to remember those who have made the ultimate sacrifice protecting and serving our communities. National Police Week is observed from Sunday, May 9 through Saturday, May 15, 2021.
“This week is a time to honor our law enforcement officers who have made the ultimate sacrifice in service to our nation,” said Attorney General Garland. “I am constantly inspired by the extraordinary courage and dedication with which members of law enforcement act each day, putting their lives on the line to make our communities safer. To members of law enforcement and your families: we know that not a single day, nor a single week, is enough to recognize your service and sacrifice. On behalf of the entire Department of Justice, you have our unwavering support and eternal gratitude.”
“We should be eternally grateful to the courageous men and women who serve in law enforcement,” said Acting U.S. Attorney Bridget M. Brennan. “During National Police Week, we honor those officers who tragically lost their lives in the line of duty, all officers who continue to selflessly serve and protect our communities and the families and friends who also serve and sacrifice for us all.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe. This year the COVID-19 pandemic has highlighted law enforcement officers’ courage and unwavering devotion to the communities that they have sworn to serve.
During the Roll Call of Heroes, a ceremony coordinated by the Fraternal Order of Police (FOP), more than 300 officers will be honored. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), of the law enforcement officers who died nationwide in the line of duty in 2020, nearly 60 percent succumbed to COVID-19.
Additionally, according to statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 46 law enforcement officers died as a result of felonious acts and 47 died in accidents in 2020. LEOKA statistics can be found on the FBI’s Crime Data Explorer website.
The names of the 394 fallen officers who have been added in 2020 to the wall at the National Law Enforcement Officer Memorial will be read on Thursday, May 13, 2021, during a Virtual Candlelight Vigil, which will be live-streamed to the public at 8:00 pm EDT. The Police Week in-person public events, originally scheduled for May, have been rescheduled due to ongoing COVID-19 concerns to October 13-17, 2021. An in-person Candlelight Vigil event is scheduled for October 14, 2021.
Those who wish to view the Virtual Candlelight Vigil on May 13, 2021, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/user/TheNLEOMF. The FOP’s Roll Call of Heroes can be viewed at www.fop.net.
To view the schedule of virtual Police Week events in May, please view NLEOMF’s Police Week Flyer.
To learn more about National Police Week in-person events scheduled for October, please visit www.policeweek.org.
Cleveland man found guilty in plot to ambush and kidnap law enforcement officersRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal jury found Christian Ferguson, 21, of Cleveland, Ohio, guilty of two counts of attempted kidnapping. Ferguson was arrested on May 8, 2020, for an attempted plot to kidnap and ambush law enforcement officers responding to a false distress call in order to start an uprising.
“Mr. Ferguson devised a plan, and took steps to see it through, that involved placing a fake distress call to lure responding officers to the scene so that he could violently attack them, steal their department-issued weapons and equipment, and incite various militias to similarly attempt to overthrow the U.S. government and its institutions,” said Acting U.S. Attorney Bridget M. Brennan. "Exploiting first responders’ most solemn obligation – to protect and serve – as a way of luring them into a violent ambush and inciting violence against our democratic institutions was cowardly, heinous, and, as Mr. Ferguson’s jury determined today, criminal. The community members who reported this plan, and the federal agents who worked to prevent it, should be commended for their actions. Lives were saved.”
“Christian Ferguson's plan was to lure law enforcement to a remote location then murder as many as he could in hopes of starting an "uprising",” said FBI Special Agent in Charge Eric B. Smith. “Mr. Ferguson then attempted to recruit others to assist him in this cowardly and despicable act. We wish to thank those citizens who advised the FBI of the hateful and violent feelings Ferguson held for law enforcement. Ferguson's guilty verdict will ensure he is no longer able to promote or commit violence against those charged with the solemn responsibility to stop it.”
According to court records, in April of 2020, the FBI received a call-in complaint from a civilian regarding several violent and extremist online postings made in a chatroom by an individual later identified as Ferguson. In these postings, Ferguson expressed a desire to call in a false in-progress call to the police in order to lure law enforcement to a remote location where they could be robbed of their weapons and body armor and possibly killed. Based on this initial reporting, the FBI introduced a confidential human source into the chatroom, which was controlled by Ferguson.
In March of 2020, Ferguson further discussed this plot in the chatroom in greater detail. Specifically, Ferguson’s discussed purchasing high-powered firearms, creating homemade chemical weapons and leaving a “calling card” to promote media attention to his intended uprising. As part of the plot, Ferguson intended for the ambush to gather significant media attention and to inspire other militia groups.
Ferguson expressed an interest in a response by federal law enforcement officers to the phony distress call because he believed they had better quality firearms and body armor to steal. Furthermore, Ferguson made statements about tactical options for killing multiple targets and the disposal of their bodies.
As a result of these online conversations, Ferguson and multiple confidential human sources met on several occasions to further discuss Ferguson’s plan and see it to fruition. Ferguson then engaged in practice drills with an AR-15 rifle and, on one occasion, conducted reconnaissance in a dry run. Ferguson indicated to the FBI sources that his “final play” was in Washington, D.C.
On May 8, 2020, Ferguson ultimately facilitated a hoax distress call within the boundaries of the Cuyahoga Valley National Park to gauge response time by Park Rangers. Ferguson believed four federal officers arrived and indicated that if that many officers respond to the actual event, they would likely have to kill them all. Shortly thereafter, Ferguson was placed under arrest.
Ferguson is scheduled to be sentenced on August 27, 2021, before U.S. Judge Solomon Oliver, Jr. This case was investigated by the Cuyahoga Valley National Park Rangers, Cuyahoga Falls Police Department, City of Cuyahoga Falls Prosecutor’s Office, and the Cleveland Division of the FBI and is being prosecuted by Assistant U.S. Attorneys Duncan Brown and Jerome Teresinski.
Eight Indicted in Credit Card Fraud SchemeRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that eight individuals were charged for their roles in a scheme that used stolen and fraudulent credit card accounts to purchase at least $750,000 worth of various items, including retail goods, large construction and building materials, appliances and equipment.
Charged in a 22-count indictment with conspiracy to commit access device fraud, access device fraud and aggravated identity theft are Diontae WALLACE, 35, of Warrensville Heights, Ohio; Adrienne CAMPBELL, 53, of Cleveland, Ohio; JOVANNA BROWN, 33, of Warrensville Heights, Ohio; Marcellus SMITH, 27, of Cleveland, Ohio; James LUKE, 43, of Cleveland, Ohio; Glenn KING, 27, of Cleveland, Ohio; Shirley LADSON, 37, of Shaker Heights, Ohio and JOSEPH BROWN, 62, of Campbell, Ohio.
According to the allegations, from around December of 2016 and continuing through approximately April of 2020, WALLACE recruited a number of co-conspirators, including CAMPBELL, JOVANNA BROWN, SMITH, LUKE, KING, LADSON and JOSEPH BROWN to participate in the credit card fraud scheme.
It is alleged that WALLACE would purchase personal identifying information from the dark web and use it to open fraudulent credit card accounts. WALLACE would then create fictitious identification cards bearing the stolen personal identifying information and a photograph of a co-conspirator. The indictment states that WALLACE provided the fraudulent identification cards and credit cards to his co-conspirators to use at his direction.
According to the indictment, WALLACE, CAMPBELL, JOVANNA BROWN, SMITH, LUKE, KING, LADSON and JOSEPH BROWN would use the fraudulent credit card accounts and identification cards to purchase various items, including retail goods, construction and building materials, appliances and equipment from various stores and vendors around Northeast Ohio and elsewhere. As part of the alleged scheme, WALLACE would then sell the purchased items to others and use the proceeds for his own benefit and to pay his co-conspirators.
In addition, it is alleged that WALLACE, the named co-conspirators and others known and unknown to the Grand Jury, used the fraudulent credit card accounts to make purchases of goods such as clothing, household items and craft supplies, which they kept for their personal benefit.
In total, it is alleged that WALLACE, CAMPBELL, JOVANNA BROWN, SMITH, LUKE, KING, LADSON and JOSEPH BROWN made at least $750,000 in purchases throughout the scheme.
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 Cleveland FBI and the United States Postal Inspection Service. This case is being prosecuted by Assistant U.S. Attorneys Andrea Isabella and Brad J. Beeson.
Six Charged with Fraudulently Seeking to Obtain $9 Million in COVID-Relief FundingRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury in Cleveland returned a 14-count indictment charging six individuals for their alleged roles in a scheme to fraudulently obtain approximately $9 million in COVID-19 relief funds guaranteed by the U.S. Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Terrence L. POUNDS, 44, of Holland, Ohio; Charles B. TILLER, 37, of Columbus, Ohio; Terri DAVIS, 30, of Old Hickory, Tennessee; Randolph NUNN, 48, of Canton, Ohio; Samira ABDUL-KARIM, 27, of New Haven, Connecticut; and Quwan SIMMONS, 28, of Hartford, Connecticut are all charged with conspiracy to commit wire fraud and wire fraud. In addition, Defendants POUNDS, NUNN, DAVIS and TILLER are also charged with various counts of money laundering.
“COVID-19 relief funds are intended to support hardworking Americans and small businesses struggling with financial challenges as a result of the pandemic,” said Acting U.S. Attorney Bridget M. Brennan. “The U.S. Attorney’s Office is committed to pursuing anyone alleged to have fraudulently obtained relief funding.”
"These six individuals allegedly defrauded United States taxpayers by engaging in this scheme,” said FBI Special Agent in Charge Eric B. Smith. “The CARES Act was designed to help struggling Americans, not for greedy fraudsters to line their pockets. The FBI will continue to work with our partners to root out cheaters engaged in criminal financial deception.”
“The CARES Act was enacted with provisions to help struggling businesses stay afloat during the COVID-19 pandemic,” stated Bryant Jackson, Special Agent in Charge of the IRS-Criminal Investigation Cincinnati Field Office. “Those individuals who have or continue to exploit the programs as a ‘get rich quick’ scheme will be held accountable for their actions.”
According to the indictment, from on or about March 31, 2020, through on or about Dec. 17, 2020, the six Defendants, and others known and unknown to the Grand Jury, are accused of devising a scheme to defraud the SBA and other financial institutions by obtaining Economic Injury Disaster Loans (EIDL) and Paycheck Protection Program (PPP) loans under false pretenses.
The indictment states that POUNDS recruited TILLER, DAVIS, NUNN, ABDUL-KARIM, SIMMONS and others to provide him with their personal identifying information, which he then used to apply for EIDL loans in their names.
POUNDS allegedly claimed in the EIDL loan applications that TILLER, DAVIS, NUNN, ABDUL-KARIM and SIMMONS each operated a non-profit organization that was a “Faith-Based Organization” and a “Church” with $1,000,000 in revenue and 15 employees. Based on this false information, the SBA approved these loan applications. In return, the indictment states that TILLER, DAVIS, NUNN, ABDUL-KARIM and SIMMONS then paid POUNDS a portion of the fraudulently obtained loan proceeds.
TILLER, DAVIS, NUNN, ABDUL-KARIM and SIMMONS are all accused of using the EIDL loan proceeds for the benefit of themselves and others, and in a manner that was inconsistent with the purposes of the EIDL program.
Furthermore, it is alleged that POUNDS submitted an SBA EIDL loan application for a purported “Faith-Based Organization” and “Church” that POUNDS claimed to operate. In response to the information provided, the SBA approved and funded this loan application. POUNDS is accused of using portions of the loan proceeds and payments received from others to purchase a 2021 Chevrolet Tahoe, a 2021 Kia Telluride, a 2020 Hyundai Elantra and a 2020 BMW X4.
According to the indictment, POUNDS, TILLER, DAVIS, NUNN, ABDUL-KARIM and SIMMONS, together and with other co-conspirators, submitted at least 60 fraudulent EIDL loan applications and other fraudulent PPP loan applications seeking a total of approximately $9 million. The SBA approved approximately $3.3 million.
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 Cleveland FBI – Canton Resident Agency and the IRS – Criminal Investigations. This case is being prosecuted by Assistant U.S. Attorneys Brendan D. O’Shea and Elliot Morrison.
The public is encouraged to submit any allegations of COVID-19 fraud to the National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form.
Correctional officer sentenced for sexual abuse of a ward, accepting bribes and smuggling contraband into the Northeast Ohio Correctional CenterRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Barbara Davis, 47, of Youngstown, Ohio, was sentenced to five months imprisonment and five months of home confinement by U.S. Judge Sara Lioi. Davis, a former Northeast Ohio Correctional Center (NEOCC) correctional officer, pleaded guilty in January of 2021 to sexual abuse of a ward, accepting bribes and providing a cell phone and tobacco to an inmate.
“Exploiting a position of trust by sexually abusing an inmate and receiving bribe payoffs for smuggling contraband into a correction center threatens to undermine the public’s trust in our criminal justice system,” said Acting U.S. Attorney Bridget M. Brennan. “Let this matter be a reminder to the public that anyone who seeks to harm and exploit inmates or detainees can and will be held accountable.”
"This sentence demonstrates those that are criminally responsible are held accountable," said FBI Special Agent in Charge Eric B. Smith "Ms. Davis, a former corrections officer, will now be on the other side of the incarceration bars for her deviant unlawful behavior."
“Davis sexually abused an inmate and accepted bribes for smuggling contraband into a federal prison. Today’s sentencing shows that when correctional officers abuse their authority, the Department of Justice Office of the Inspector General will ensure they are held accountable,” said William J. Hannah, Special Agent in Charge of the Department of Justice Office of the Inspector General Chicago Field Office.
According to court documents, from on or about November 13, 2017, to November 7, 2018, Davis engaged in sexual conduct with an inmate at the NEOCC. During this same time, Davis smuggled contraband, specifically a cell phone and tobacco, to the inmate at the NEOCC. In return, Davis received payments made from other parties through a mobile payment application.
This investigation was conducted by the Cleveland Federal Bureau of Investigation and Department of Justice, Office of the Inspector General. This case was prosecuted by Assistant U.S. Attorney Justin Seabury Gould.
Home health aide sentenced to more than 5 years in prison for using her position to steal more than $200k from disabled victimRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Jamie Kidd-Dunbar, 40, of Grafton, Ohio, was sentenced today by U.S. Judge Donald C. Nugent to 61 months of imprisonment and ordered to pay $217,096.52 in restitution. Kidd-Dunbar pleaded guilty in October of 2020 to exploiting her position as a home health aide to steal more than $200,000 from a blind and physically disabled person in her care.
“Our aging and disabled family members and friends must be able to trust those who are hired to assist them, said Acting U.S. Attorney Bridget M. Brennan. “The fact that Ms. Kidd-Dunbar exploited that trust for her own personal gain, and ignored the needs of two women, one of whom was both blind and physically disabled and the other 90 years old, highlights the egregiousness of her conduct and underscores the need for a significant term of incarceration.”
"This defendant will now serve a significant amount of time behind bars for taking advantage of an elderly, physically disabled woman in her care," said FBI Special Agent in Charge Eric B. Smith. "Maybe spending 5 years in confinement will allow Ms. Kidd-Dunbar time to reflect on her morally corrupt and heartless criminal behavior. Our elderly and vulnerable population needs to be cherished and protected, the FBI will continue working with our partners to educate and root out elder fraud."
According to court documents, in or around March of 2016, Kidd-Dunbar became the paid home health aide for Victim 1, then 60 years old, after Victim 1 suffered a series of strokes that left her blind and dependent on the use of a wheelchair. As Victim 1’s home health aide, Kidd-Dunbar was trusted with Victim 1’s debit card information so Kidd-Dunbar could purchase groceries and other household supplies for Victim 1.
In January 2018, Kidd-Dunbar began using Victim 1’s debit card to make small, unauthorized purchases. Over time, the theft escalated to include larger cash withdrawals and significant purchases from various businesses, including Amazon, PlayStation and Rent-A-Center.
During the same period, Kidd-Dunbar also assisted Victim 1’s 90-year old aunt, who is identified in court documents as Victim 2. Kidd-Dunbar was similarly given Victim 2’s credit card information so Kidd-Dunbar could make authorized purchases of groceries and other supplies for Victim 2. After Victim 2 passed away in 2017, Kidd-Dunbar continued to use Victim 2’s credit card to make unauthorized personal purchases. Kidd-Dunbar used Victim 1’s bank card to pay the balance on Victim 2’s credit card.
In June of 2019, a different home health aide substituted for Kidd-Dunbar while Kidd-Dunbar was away on vacation. This home health aide asked Victim 1 about certain charges on Victim 1’s statements, which led Victim 1 to discover Kidd-Dunbar’s numerous and unauthorized purchases, withdrawals and credit card payments. As a result of Kidd-Dunbar’s theft, Victim 1 suffered a total loss of $217,096.52.
This investigation was conducted by the Federal Bureau of Investigation and Elyria Police Department and was prosecuted by Assistant U.S. Attorney Brian M. McDonough and Special Assistant U.S. Attorney Matthew A. Kern. The U.S. Attorney’s Office for the Northern District of Ohio would like to acknowledge and thank the Lorain County Prosecutor’s Office for its cooperation with this matter.
Toledo physician pleads guilty to sex trafficking chargesRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Manish Raj Gupta, aka Manny Gupta, 50, of Sylvania, Ohio, a former Toledo-area plastic surgeon, pleaded guilty in federal court on Monday, April 26, to sex trafficking by force, fraud or coercion and illegally dispensing a controlled substance.
“This plea is just one step in a long recovery process for the victim, whose courage and bravery should be commended,” said Acting U.S. Attorney Bridget M. Brennan. “Mr. Gupta’s acknowledgment of his heinous crimes now moves this matter to sentencing where the government will be seeking a significant term of incarceration. Importantly, though, any additional victims of Mr. Gupta are encouraged to contact the FBI. Every victim of sexual violence deserves justice.”
"Manish Gupta has now accepted responsibility for preying on, drugging and sexually victimizing women,” said FBI Special Agent in Charge Eric B. Smith. “He misused his position of trust for his own sexual gratification. He will now be held accountable for his reprehensible criminal behavior. The FBI encourages anyone that was sexually victimized by Manish Gupta to please contact the FBI at 1-877-FBI-OHIO."
According to court records, from on or about August 9, 2016 through on or about September 24, 2016, Gupta forced, threatened force, and coerced a woman, identified in the Indictment as Victim #1, to engage in sexual acts. Without the victim’s knowledge or consent, Gupta administered an incapacitating controlled substance to commit a crime of violence against her, namely rape. Gupta recorded his assault of Victim #1.
Notably, court records also state that Gupta traveled to medical conferences in large urban areas, including Chicago in March and April of 2013, Cleveland in April of 2013, Miami/Ft. Lauderdale in June of 2015 and July 2019, Los Angeles in September of 2016, and various other dates in San Francisco and Detroit. Gupta would often stay at centrally located hotels in these cities and hire escorts in the area. Gupta would then administer incapacitating drugs to his victims and perform sexual acts of violence without their consent.
Gupta is scheduled to be sentenced on August 25, 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, Toledo Resident Agency and is being prosecuted by Assistant United States Attorneys Tracey Ballard Tangeman and Carol M. Skutnik.
Maple Heights man sentenced to 39 months for elder fraud schemeRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Andrew V. Thomas, 35, of Maple Heights, Ohio, was sentenced on Tuesday, March 20, to 39 months imprisonment by U.S. Judge Donald C. Nugent. Thomas pleaded guilty in December of 2020 to wire fraud and aggravated identify theft. Thomas devised a scheme to defraud three elderly victims out of more than $62,000.
“Mr. Thomas targeted multiple elderly victims, including one suffering from dementia, and stole their hard-earned life savings,” said Acting U.S. Attorney Bridget M. Brennan. “Working with our partners to raise awareness about such schemes, protecting aging and vulnerable populations, and prosecuting those who seek to exploit others for personal gain is an important part of the work we do every day at the Department of Justice.”
“This individual took advantage of his position to financially victimize elderly customers,” said FBI Special Agent in Charge Eric B. Smith. “It is imperative that we as a community educate and look out for our elderly who are often targets of financial scams. Mr. Thomas will now be held accountable for the fraud and deception he perpetrated against the more trusting and vulnerable among us. The FBI will continue collaborative efforts to inform and educate older communities and their caregivers and aggressively investigate allegations like this wherever and whenever appropriate.”
According to court documents, from November 2018 to November 2019, Thomas was employed as a Call Center Representative for an insurance company with an office in Cleveland, Ohio, tasked with speaking to clients and their agents regarding annuities, updating client bank account information and processing withdrawal transactions.
During this time, Thomas devised a scam to defraud three elderly victims by transferring money from his victim’s annuities into his personal bank accounts. Court documents state that Victim 1 was an 84-year-old woman in Avon, Connecticut; Victim 2, an 83-year woman with dementia in Philadelphia, Pennsylvania; and Victim 3, a 96-year-old woman and a resident of Metairie, Louisiana, were all victims of the scheme to defraud.
Victim 1, Victim 2’s power of attorney and Victim 3 all called Thomas to inquire about a policy-related matter. Thomas spoke to all of the victims or their agents and had access to their accounts.
Thomas would then use the company’s computer system to make unauthorized transfers from the annuities of Victim 1, Victim 2 and Victim 3 into his personal bank accounts. As a result of the unauthorized transfers, Victim 1, Victim 2 and Victim 3 suffered a total loss of approximately $62,600.
The investigation was conducted by the Federal Bureau of Investigation, Cleveland Division and 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.
DEA and U.S. Attorney’s Office encourage participation in National Prescription Drug Take Back DayRead the Press Release
With opioid overdose deaths on the rise in the Northern District of Ohio and across the country, Acting U.S. Attorney Bridget M. Brennan and DEA Special Agent in Charge Keith Martin are encouraging Northern Ohio residents to dispose of their unused prescription medication during National Prescription Drug Take Back Day on Saturday, April 24.
“A surge in overdose deaths this year has already put many communities in Northern Ohio on track to meet or eclipse overdose numbers not seen since 2017,” said Acting U.S. Attorney Bridget M. Brennan. “Participation in this year’s Prescription Drug Take Back Day is even more important as law enforcement fights back against this increase. We ask that everyone look through their homes and medicine cabinets for any unused prescription drugs for safe disposal at one of DEA’s identified locations throughout Northern Ohio. Taking part in Prescription Drug Take Back Day is a significant way for all residents to help us combat this crisis.”
“Helping people dispose of potentially harmful prescription drugs is just one way DEA is working to reduce addiction and stem overdose deaths,” said DEA Detroit Field Division Special Agent in Charge Keith Martin. “Take Back Day is not only a great opportunity to rid your home of unused medication but is also a time to have important conversations about proper use and storage of prescription medication.”
The public is encouraged to drop off potentially dangerous prescription medications at collection sites in their community, which will adhere to local COVID-19 guidelines and regulations in order to maintain the safety of all participants and local law enforcement.
Find a collection site using the DEA site locator here: Take Back Day (dea.gov) or contact your local police department.
DEA and its partners will collect tablets, capsules, patches, and other solid forms of prescription drugs. Liquids (including intravenous solutions), syringes and other sharps, and illegal drugs will not be accepted. DEA will continue to accept vaping devices and cartridges at its drop off locations provided lithium batteries are removed.
According to the Centers for Disease Control and Prevention, the U.S. has seen an increase in overdose deaths during the COVID-19 pandemic, with 83,544 Americans overdosing during the 12-month period ending July 1, 2020, the most ever recorded in a 12-month period.
The increase in drug overdose deaths appeared to begin prior to the COVID-19 health emergency but accelerated significantly during the first months of the pandemic. With studies indicating a majority of abused prescription drugs come from family and friends, including from home medicine cabinets, clearing out unused medicine is essential.
The Detroit Field Division, which covers Michigan, Ohio, and parts of Northern Kentucky, collected a record-setting 94,000 pounds during the October 2020 Take Back event.
Learn more about the event at www.deatakeback.com, or by calling 800-882-9539
Three charged with aiding and assisting in the preparation of a false tax returnRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury has returned charges against three individuals in the Northern District of Ohio with aiding and assisting in the preparation of a false tax return. These are separate cases and are not related.
“Particularly during this time of year, we want the public to know that violations of our nation’s tax laws will be investigated and, when appropriate, prosecuted,” said Acting U.S. Attorney Bridget M. Brennan.
“Whether it’s return preparers filing false tax returns for their clients or an individual intentionally underreporting his income, IRS CI remains committed to using our financial expertise to vigorously investigate criminal tax allegations,” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.
Santon BARNES, 49, of Euclid, Ohio, is charged with 23 counts of aiding and assisting in the preparation and presentation of a false and fraudulent tax return. For the tax years 2014 through 2016, BARNES is accused of preparing and submitting tax returns to the Internal Revenue Service that were false and fraudulent. BARNES is accused of deliberately reporting fictitious or inflated income, withholdings, dependents and misrepresenting Scheduled C income.
This investigation was conducted by the Internal Revenue Service – Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Michael L. Collyer.
Harry GANT, 70, of Mentor, Ohio, is charged with four counts of aiding and assisting in the preparation and presentation of a false and fraudulent tax return. According to the indictment, GANT is accused of intentionally underreporting the total income earned from the operation of his business for the tax years of 2014 through 2017 on his Individual Income Tax Return, Form 1040 for himself and his spouse.
This investigation was conducted by the Cleveland Division of the FBI and the Internal Revenue Service – Criminal Investigation. This case is being prosecuted by Assistant U.S. Attorney Megan R. Miller.
Michael HAYWOOD, age 29, of Garfield Heights, Ohio, is charged with 36 counts of aiding and assisting in the preparation and presentation of a false and fraudulent tax return. The indictment states that HAYWOOD operated a tax preparation business out of his residence and prepared tax returns for individuals. It is alleged that for the tax years of 2014 through 2017, HAYWOOD prepared and submitted tax returns for clients to the Internal Revenue Service that reported inflated deductions, fictitious credits, losses, schedules, incorrect filing statuses and claimed a tax refund that was entirely fraudulent and inaccurate.
This investigation was conducted by the Internal Revenue Service – Criminal Investigation and is being prosecuted by Assistant U.S. Brian McDonough.
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.
Two Maple Heights men charged with drug trafficking conspiracyRead 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 Anthony L. Anderson, 45, and Eben D. Anderson, 38, both of Maple Heights, Ohio, with conspiracy to distribute cocaine, crack, fentanyl and methamphetamines in the Cleveland area.
Both Anthony and Eben Anderson are charged with conspiracy to possess with intent to distribute cocaine, crack, fentanyl and methamphetamine; possession with intent to distribute cocaine; possession with intent to distribute cocaine base; possession with intent to distribute fentanyl and possession with intent to distribute methamphetamine. In addition, Defendant Eben Anderson was charged as a felon in possession of a firearm.
“Stopping the flow of drugs and drug manufacturing equipment at our borders is an important part of curbing the flow of illegal drugs to and within our communities,” said Acting U.S. Attorney Bridget M. Brennan. “We are grateful for our law enforcement partners’ sustained efforts to combat illegal narcotics trafficking.”
“International criminal organizations working with their local contacts have once again tried to exploit U.S. borders for profit,” said Vance Callender, special agent in charge, HSI Detroit. “HSI specializes in investigating cross-border related crimes and brings unique national and international resources to bear against these types of offenders.”
Court records state that in January of 2021, a parcel was intercepted and searched by Customs and Border Protection (CBP) officers that was allegedly found to contain two pill press die sets. The affidavit in support of the criminal complaint states that the importation of pill press die sets is prohibited as they are considered drug paraphernalia. Homeland Security Investigations (HSI) Cleveland was subsequently contacted by the CBP, and a controlled delivery of the parcel was arranged and executed.
After the controlled delivery was executed, law enforcement officers carried out a search warrant at the address and located both Defendants inside the residence. A search of the home was conducted, and officers recovered approximately 1.34 kilograms of cocaine, 136 grams of fentanyl, 324 grams of crystal methamphetamine, a high-speed pill press, pill press dies, bulk currency and five firearms.
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, Defendant’s sentence will be determined by the Court after review of factors unique to this case, including Defendant’s prior criminal record, if any, 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 Homeland Security Investigations (HSI) and is being prosecuted by Assistant U.S. Attorney Patrick P. Burke.
####
Sandusky physician charged with prescribing medically unnecessary controlled substances and health care fraudRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned an indictment charging Gregory J. Gerber, 55, of Port Clinton, Ohio, with 51 counts of distribution of controlled substances and two counts of health care fraud. According to the indictment, the Defendant was a licensed medical physician practicing in Sandusky, Ohio, specializing in physical medicine and rehabilitation and anesthesiology with a sub-specialty in pain medicine.
“The Northern District of Ohio, like many districts throughout the country, continues to combat a staggering opioid crisis," said Acting U.S. Attorney Bridget M. Brennan. “A common theme in this crisis is that many who now struggle with opioid use disorder do so because of a physician who unlawfully prescribed medically unnecessary opioid prescriptions or, in some cases, over-prescribed in a medically unnecessary way. Physicians alleged to have engaged in such conduct will be held accountable."
"Healthcare fraud impacts the cost of medical care and more importantly, puts patients at risk," said FBI Special Agent in Charge Eric B. Smith. " Dr. Gerber allegedly abused his oath by prescribing unnecessary medications, causing harm to his patients, and over billed medical visits. "Dr. Gerber is accused of contributing to the growing opioid epidemic thru his dangerous, criminal behavior and will now be held accountable.
“Issuing prescriptions outside the usual course of professional practice and not for a legitimate medical purpose only aggravates the ongoing opioid epidemic,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “Medical professionals are relied upon to perform appropriate physical exams, establish evidence-based, objective diagnoses, and prescribe medications only in a manner that will aid their patients. The OIG continues to investigate instances of alleged improper prescribing that potentially harms patients and wastes vital taxpayer dollars.”
“More Ohioans are dying from opioid overdoses than at any point in this devastating epidemic and this doctor helped put us here one prescription at a time,” Ohio Attorney General Dave Yost said. “Ending this scheme was vital to an area that has been devastated by the opioid crisis.”
The indictment states that the Defendant repeatedly prescribed controlled substances outside the usual course of professional practice and not for a legitimate medical purpose, including powerful painkillers such as fentanyl, oxycodone, oxymorphone and other drugs. It further alleges that from January 2010 through August 2018, the Defendant devised a scheme to defraud federal health care benefit programs by causing insurers to pay for medically unnecessary controlled substance prescriptions.
As part of the scheme, Defendant improperly performed patient physical and historical examinations, failed to establish evidence-based, objective diagnoses, and used these diagnoses to prescribe excessive doses of controlled substances for long periods of time without evidence of efficacy and while ignoring signs of addiction and drug abuse among his patients. It is also alleged that the Defendant improperly sought reimbursement from Medicare, Medicaid and private insurers using billing codes that reflected a service more costly than what was performed.
The indictment states that as part of the scheme, the Defendant wrote over approximately 835 prescriptions for Subsys, a fentanyl-based cancer pain treatment medication manufactured by Insys Therapeutics, Inc. According to the indictment, some of the prescriptions written for Subsys were medically unnecessary and for patients who did not have cancer pain. It is alleged that the Defendant received compensation from Insys by participating in the company’s speakers bureau, a program that paid representatives to engage with other medical professionals and promote the Subsys medication.
While working as an Insys speaker, it is alleged that the Defendant received between approximately $1,500 and $3,700 per engagement, totaling approximately $175,000 in payments and other items of value.
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 Federal Bureau of Investigation, Drug Enforcement Administration, Health and Human Services – Office of Inspector General, Ohio Attorney General’s Healthcare Fraud Section and Ohio Board of Pharmacy. This case is being prosecuted by Assistant United States Attorney Megan R. Miller.
Software developer charged with damaging the computer system of a Cleveland companyRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury sitting in Cleveland has returned an indictment charging Davis Lu, 51, of Houston, Texas, with one count of damaging protected computers. The Defendant is accused of using his position as a software developer to execute malicious code on his employer's computer servers. The Defendant was arrested this morning without incident.
According to the indictment, the Defendant was employed as a Software 1 Senior Developer working with emerging technology for Company 1, a corporation that held its principal place of business in Cleveland, Ohio. On or about August 4, 2019, Company 1’s servers experienced a disruption that crashed production servers and prevented employees from accessing those servers.
The indictment states that Company 1 investigated the source of the disruption and discovered unauthorized code installed on a server, causing that server to create an infinite loop and crash. Furthermore, it is alleged that the company found additional code that deleted files associated with user profiles, thereby denying users access to Software 1.
The indictment states that Company 1 requested that the Defendant return his company-issued computer. It is alleged that shortly before returning the computer, the Defendant deleted encrypted volumes, attempted to delete Linux directories and attempted to delete two additional projects. Additionally, the company discovered that the Defendant had allegedly conducted internet searches on how to escalate privileges, hide processes and delete large folders and/or files.
According to the indictment, as a result of these alleged actions, Company 1 suffered a loss of at least $5,000 and damage affecting ten or more protected computers.
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 Division of the FBI and is being prosecuted by Assistant United States Attorneys Brian S. Deckert and Daniel J. Riedl and Senior Counsel Adrienne Rose of the Justice Department’s Computer Crime and Intellectual Property Section.
Toledo man arrested and charged with selling fentanyl that caused two overdose deaths in Lucas CountyRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Gerald Isom, age 46, of Toledo, Ohio, was arrested today and charged in a two-count indictment for allegedly distributing fentanyl that caused six overdose incidents, two of which were fatal.
The Defendant is charged with two counts of distribution of a controlled substance. Both counts carry a penalty enhancement due to death or serious bodily injury resulting from the use of the substance and a prior felony drug offense. If convicted, the Defendant potentially faces a mandatory life imprisonment sentence.
According to the indictment, from December 26 to December 27, 2019, it is alleged that the Defendant distributed a controlled substance mixture containing fentanyl that caused six people in Lucas County to overdose, two of which were fatal. In addition, prior to committing these alleged offenses, the Defendant was convicted of felony drug trafficking of cocaine in the Lucas 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, the Defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the Defendant’s prior criminal record, if any, the Defendant’s role in the offense, and the characteristics of the violation.
In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.
This case was investigated by the Lucas County Sheriff's Office and the Cleveland Division of the FBI – Toledo Resident Agency. This case is being prosecuted by Assistant U.S. Attorneys Michael Freeman and Robert Melching.
Two indicted in Northern District on child pornography chargesRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury indicted two men in the Northern District of Ohio this week on child pornography charges. These are separate cases and are not related.
Jeffrey ARMSTRONG, 51, of Rockford, Ohio, was charged in a one-count indictment with receipt and distribution of child pornography. According to court records, from February 10 to February 22, 2021, ARMSTRONG is accused of engaging in an online conversation with an FBI covert employee on a mobile messenger application during which he sent sexually explicit material of minors or child pornography.
This investigation was conducted by the Cleveland Division of the FBI – Toledo Resident Agency and is being prosecuted by Assistant U.S. Attorney Tracey Ballard Tangeman.
Allen Joseph KAMANN, 34, of Shelby, Ohio, was charged in a two-count indictment with receipt and distribution of visual depictions of minors engaged in sexually explicit conduct and possession of child pornography. According to court records, in February of 2021, KAMANN is accused of engaging in an online conversation with an FBI covert employee on a mobile messenger application regarding the sexual exploitation of minors. Throughout the conversation, KAMANN allegedly transmitted child pornographic materials to the FBI agent. In addition, KAMANN is accused of uploading several images of child pornography to the messenger application in November of 2020.
On February 26, 2021, a search warrant was executed on the person of KAMANN and his property. During the search, law enforcement officers recovered a cellphone containing alleged depictions of child pornography.
This investigation was conducted by the Federal Bureau of Investigation – Sandusky Resident Agency and is being prosecuted by Assistant U.S. Attorney Carol Skutnik.
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.
Minnesota man charged with possession of fraudulent identification documents and counterfeit checksRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury sitting in Toledo returned a six-count indictment charging Ronald Lee Jenkins, 38, of Blaine, Minnesota, with possession with intent to unlawfully use false identification documents, unlawful production of identification documents and possession of counterfeit securities.
Court documents state that on February 14, 2021, the Defendant was stopped by an officer with the Maumee Police Department after committing several traffic violations. Following the stop, it was determined that Defendant had active warrants out of Minnesota and Wisconsin. The Defendant was detained, and his vehicle searched. During the search of his vehicle and a subsequent search of a hotel room he had rented in Maumee, officers located 13 Social Security cards; 183 Armed Forces of the United States identification cards; 10 South Carolina driver’s licenses; and several personal checks. It is alleged in the indictment that the identification documents were fraudulent, and the checks forged and counterfeit.
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, Defendant’s sentence will be determined by the Court after review of factors unique to this case, including Defendant’s prior criminal record, if any, 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 Maumee Police Department and the United States Secret Service. This case is being prosecuted by Assistant U.S. Attorney Robert N. Melching and Deyana F. Unis.
Westlake man sentenced to 13 years for possession with intent to distribute meth, cocaine, marijuana and firearms offensesRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Ryan Gallo, age 26, of Westlake, Ohio, was sentenced on Tuesday, March 30, to 157 months imprisonment by U.S. Judge John R. Adams. Gallo pleaded guilty in December of 2020 to possession with intent to distribute methamphetamine, cocaine, marijuana, felon in possession of a firearm and ammunition and possession of a firearm in furtherance of a drug trafficking crime.
“Federal convictions for trafficking in methamphetamine, cocaine and marijuana, when coupled with a conviction for carrying a loaded firearm to further those drug dealing efforts, will result in a significant term of incarceration, like the sentence imposed here,” said Acting U.S. Attorney Bridget M. Brennan. “We are grateful for the hard work and diligent efforts of the Broadview Heights Police Department and Drug Enforcement Administration.”
“The sentencing of Gallo to more than 13 years in prison puts all drug traffickers on notice that they will be held accountable for their illegal conduct,” said DEA Detroit Field Division Special Agent in Charge Keith Martin. “Throughout the course of this investigation, agents seized firearms, methamphetamines and marijuana from Gallo. DEA remains committed to protecting Ohioans from those who prey on our communities.”
On August 26, 2020, Gallo was stopped by an officer with the Broadview Heights Police Department after reports that he had left the scene of an accident and was driving erratically. The officer identified Gallo as the driver and noted recent damage to the front of his vehicle. After identifying alcohol and drug paraphernalia in the vehicle, Gallo was placed under arrest, and his person and vehicle were searched.
During the search, officers located approximately 473 grams of methamphetamine, 25 grams of cocaine, 1,134 grams of marijuana and a loaded .32 caliber revolver. Gallo is prohibited from possessing a firearm due to a 2018 drug trafficking conviction in the Cuyahoga County Court of Common Pleas.
This investigation was conducted by the Drug Enforcement Administration and the Broadview Heights Police Department. This case was prosecuted by Assistant U.S. Attorney Margaret A. Sweeney.
Two Florida men plead guilty to running “Grandparent Scam” in Northern OhioRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that John Tyler Pla, 25, and Johnny Lee Palmer, 26, both of Tampa, Florida, pleaded guilty to operating a “Grandparent Scam” in the Northern District of Ohio that caused their victims a combined loss of $383,932. Pla and Palmer both entered pleas of guilty to conspiracy to commit wire fraud and wire fraud.
According to court documents, from July 20, 2020 to August 28, 2020, Pla and Palmer orchestrated a “Grandparent Scam” targeting elderly victims in Northern Ohio cities, including Brecksville, Parma, Gates Mills, Lorain, Mansfield, Fairview Park, Westlake and Mentor. A member of the scheme would call elderly victims claiming to be a relative or an attorney for that relative and claim the family member had been arrested and, as a result, required money for bail. A member of the scheme would then make arrangements with the victim to collect the money through a “courier.” Instead, Pla, Palmer, or a member of the scheme would travel to the victim’s residence and collect the money. In total, the victims suffered a combined loss of $383,932.
Pla and Palmer are scheduled to be sentenced on July 26, 2021.
The investigation was conducted by the Cleveland Division of the FBI and the Westlake Police Department. This case is being 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.
Registered sex offender sentenced to 35 years for sexual exploitation of children and receipt and distribution of visual depictions of minors engaged in sexually explicit conductRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced today that James Marquand, 39, of Madison, Ohio, was sentenced by U.S. District Court Judge Sara Lioi to a term of 420 months imprisonment and ordered to pay $13,000 in restitution after he pleaded guilty in October of 2020 to sexual exploitation of children and receipt and distribution of visual depictions of real minors engaged in sexually explicit conduct. Additionally, the Court recommended that Marquand receive any mental health, drug abuse, and sex offender treatment for which he qualifies and is prohibited from accessing the internet without supervision.
“Serial child predators bring these significant terms of incarceration on themselves. It is as simple as that,” said Acting U.S. Attorney Bridget M. Brennan. “Despite prior convictions for similar conduct, this defendant chose to sexually exploit a child and also to repeatedly exploit other children by receiving and distributing more than 100 images of them. Because of the collaborative efforts of the Federal Bureau of Investigation and the Cuyahoga County Prosecutor’s Office, as well as the dedication of the Assistant U.S. Attorneys who prosecute these matters, this predator’s 35-year term of incarceration guarantees that he is no longer a threat to our children.”
“This is a lengthy, well-deserved sentence,” said FBI Special Agent in Charge Eric B. Smith. “Marquand has a history of sexually exploiting minors and it's clear he learned nothing from his prior incarceration. Fortunately, this most recent sentence will ensure this predator will be kept away from children for 35 years. All of us share a responsibility to protect innocent children, especially from sexual predators, whether online or in your own home."
“This predator, who is a previously convicted sex offender, sexually abused a minor and uploaded more than 100 files of child abuse material,” said Cuyahoga County Prosecutor Michael C. O’Malley. “Our community is significantly safer with him behind bars for the next 35 years.”
According to court records and statements made during courtroom proceedings, in October of 2019, the Ohio Internet Crimes Against Children Task Force (ICAC) received a tip from the National Center of Missing and Exploited Children that a Google email address had uploaded 120 images of known child pornography to Google Photos. Through subpoenas, investigators traced the IP address used to upload the photos to Defendant James Marquand, who was living in Madison, Ohio.
At the time of the investigation, Marquand was on parole from a conviction in Cuyahoga County for attempted rape and unlawful sexual conduct with a minor. Additionally, Marquand was a registered sex offender who had been convicted for not providing notice of his change of address, in violation of his Sex Offender Registration provisions and was currently living at an address from which he was prohibited.
Law enforcement reviewed Marquand’s Google account in response to a federal warrant and found fifty-six files depicting minors engaged in sexual conduct. These images were uploaded to a Google account belonging to Marquand between March and September of 2019. Later, Marquand’s Google account was forensically analyzed and found to contain 150 images and 97 videos of child pornography. Court records state that the account also contained sexually explicit images and videos of Minor Victim #1, a four-year-old girl engaged in sexual conduct with Marquand.
Law enforcement officers interviewed Marquand, and he admitted to engaging in the conduct with Minor Victim #1 on multiple occasions and recording some instances on his cellphone.
This case was investigated by the Cleveland Division of the FBI, Ohio Internet Crimes Against Children Task Force and the Cleveland Adult Parole Authority (APA) Sex Offender Unit. This case was prosecuted by Assistant U.S. Attorneys Carol M. Skutnik and John C. Hanley.
Tucson man arrested with 20 kilos of cocaine in vehicle chargedRead the Press Release
A federal grand jury sitting in Cleveland returned a one-count indictment on March 11 charging Benjamin Ortiz Ledezma, 38, of Tucson, Arizona, with possession with the intent to distribute approximately 20 kilograms of cocaine.
According to court documents, on February 21, 2021, a trooper with the Ohio State Highway Patrol pulled over a vehicle on Interstate 76 in Milton Township, Mahoning County, Ohio, and identified the driver as the defendant. The defendant was unable to produce a driver’s license when asked by the officer. The trooper then requested backup, and a trained canine unit arrived and indicated an odor of narcotics emitting from the rear of the vehicle.
Troopers searched the vehicle and found two brick-shaped objects of suspected cocaine concealed in the rear cargo area. An additional 16 brick-shaped objects of suspected cocaine were found concealed within a spare tire.
In total, officers seized 18 bricks of suspected cocaine weighing approximately 20 gross kilograms.
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 Drug Enforcement Administration. The case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.
Operators of dietary supplement company intend to plead guilty to failure to register a food manufacturing facility and refusal of an FDA inspectionRead the Press Release
The operators of a dietary supplement manufacturing company in Monroeville and Canton, Ohio, intend to plead guilty in federal court to a Bill of Information filed on Monday, March 15, charging them with failure to register a food manufacturing facility and refusal of a U.S. Food and Drug Administration (FDA) inspection.
Shaun Cotterill, age 54, of Monroeville, was charged with three counts of failure to allow an FDA inspection; one count of introduction of adulterated food and one count of failure to register a food manufacturing facility.
Michael Sanor, age 61, of North Canton, was charged with one count of introduction of adulterated food and one count of failure to register a food manufacturing facility.
Cotterill and Sanor were members, trustees and operators of Genesis Herb LLC, a dietary manufacturer and distributor located in Monroeville and Canton.
“As alleged in the charges, those who purposely subvert the regulatory functions of the FDA by obstructing inspections are potentially endangering the lives of their customers and the general public,” said Acting U.S. Attorney Bridget M. Brennan. “The Department of Justice and our partner agencies will continue to protect the health of the public by ensuring critical regulatory functions, such as this, continue unabated.”
“Federal law requires that dietary supplement manufacturers follow good manufacturing practice to ensure, among other things, that their products contain the labeled ingredients and are not contaminated with harmful or undesirable substances. FDA inspection of these facilities is critical to determining adherence to these regulations and manufacturers who refuse FDA oversight put the public at risk,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations Metro Washington Field Office. “We will continue to monitor, investigate and bring to justice dietary supplement firms that ignore these important safety requirements.”
Court documents state that both Cotterill and Sanor were members, trustees and operators of Genesis Herb Company, LLC, a dietary manufacturer and distributor located in Monroeville and Canton. Cotterill and Sanor also operated Genesis Herb Private Membership Association, a private membership organization with trustees located in the Northern District of Ohio that distributed dietary supplements to its members.
On September 22, 2016, December 13, 2017 and April 18, 2018, investigators with the FDA obtained a Warrant for Administrative Inspection for the Genesis Herb Company manufacturing facility site in Monroeville and Canton. As alleged in the charges, on each occasion, investigators attempted to conduct an inspection at the Monroeville facility and were denied access by Shaun Cotterill.
According to the Bill of Information, Cotterill initially allowed the inspection of storage areas and out-buildings that contained items such as boxes, packaging materials, shipping labels, invoices and more. However, Cotterill allegedly refused to provide access to the areas where the dietary supplements were manufactured and stored on each occasion.
Additionally, Cotterill allegedly refused to provide access to manufacturing records required to be kept regulation governing the operation of Genesis Herb. The Bill of Information states that during each instance, Cotterill was told by an investigator that these refusals would constitute a refusal of inspection. It is alleged that Cotterill claimed he understood, and the inspections were terminated.
According to the Bill of Information and details presented in court proceedings, from September of 2016 through June of 2020, Cotterill and Sanor intend to plead guilty to introducing into interstate commerce dietary supplements manufactured, processed, packed, and held in a factory, warehouse, or establishment that did not meet required manufacturing practices.
In addition, Cotterill and Sanor allegedly failed to renew a registration for Genesis Herb Company as a food manufacturing facility and never registered Genesis Herb Private Membership Association with the FDA as a food facility.
This case was investigated by the Food and Drug Administration, Office of Criminal Investigations. The case is being prosecuted by Assistant U.S. Attorney Michael Freeman.
###
Toledo man charged with using ‘Black Lives Matter of Greater Atlanta’ Facebook page to defraud donorsRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced today that a federal grand jury sitting in Cleveland returned a four-count indictment charging Sir Maejor Page, a.k.a. Tyree Conyers-Page, age 32, of Toledo, Ohio, with three counts of money laundering and one count of wire fraud. It is alleged that the defendant created a 501(c)(3) Facebook page entitled “Black Lives Matter of Greater Atlanta” and later used it to defraud donors out of more than $450,000 after BLMGA’s tax-exempt status as a charity with the IRS was revoked.
“These allegations involve fraudulent misrepresentations that the donations received would support Black Lives Matter (Atlanta, Georgia) when, as stated in the indictment, those funds were actually used by the defendant for personal expenses he incurred in Toledo and elsewhere,” said Acting U.S. Attorney Bridget M. Brennan. “It is our sincere hope that these charges help raise awareness about online scams and efforts by some to exploit the name and purpose of non-profit organizations for personal gain.”
"Page is accused of using unprecedented tensions and uncertainty due to widespread civil unrest and a global pandemic to fill his own bank account," said FBI Special Agent in Charge Eric B. Smith. "Page allegedly purchased homes, traveled, and spent other people's money to buy luxury items for himself, all on the backs of hardworking people believing they were donating to a worthy cause. The FBI will continue efforts to root out fraudsters who victimize our fellow citizens for personal gain."
The indictment states that from in or around May 2020 to on or about September 25, 2020, the defendant allegedly devised a scheme to defraud donors by falsely representing that donations to his 501(c)(3), Black Lives Matter of Greater Atlanta, would be used to combat racial and social injustices when in truth, the organization was no longer an established charity and the defendant was using the donations for his personal benefit.
According to the indictment, on or about February 18, 2016, the defendant created the Facebook page entitled Black Lives Matter of Greater Atlanta (“BLMGA”). In March of 2016, the defendant registered BLACK LIVES MATTER OF GREATER ATLANTA INC.” as a 501(c)(3) domestic non-profit corporation with the Georgia Secretary of State Corporation’s Division and assumed the role of President and CEO. Based on the information that the defendant provided, Facebook recognized BLMGA as a valid non-profit organization and allowed users to make donations directly to BLMGA through Facebook.
On or about May 15, 2019, BLMGA’s tax-exempt status as a charity with the IRS was revoked due to failure to submit IRS Form 990 for three consecutive years. On or about August 26, 2019, the Georgia Secretary of State Corporations Division administratively dissolved BLMGA’s non-profit corporation for failure to file necessary paperwork.
It is alleged that the defendant failed to notify Facebook of these revocations or ask that Facebook stop displaying BLMGA as a non-profit organization. As a result, BMLGA’s Facebook page continued to be displayed as a non-profit organization with a donation button through the end of September 2020, and Facebook continued to collect and disperse the purported charity donations on a bi-monthly basis.
To create the false pretense and representation that BLMGA was a legitimate social justice organization, the defendant routinely made posts on BLMGA’s public Facebook page about social and racial issues, including those occurring in Georgia. In addition to falsely representing BLMGA as a legitimate non-profit organization, the defendant is accused of using the BLMGA Facebook handle to privately communicate with other Facebook users and falsely represented that the donations would be used to “fight for George Floyd” and the “movement.” As a result, over one hundred people donated to BLMGA through its Facebook page
It is alleged that the defendant used a substantial portion of the funds donated to BLMGA to buy personal items, including entertainment, hotel rooms, clothing and firearms. The defendant is accused of using the largest sum of funds to purchase a property and the adjoining vacant lot on Glenwood Avenue and Maplewood Avenue in Toledo, Ohio. This property was to be used as a personal residence for the defendant, the indictment states. The defendant allegedly attempted to conceal the purchase of the property by titling it to “Hi Frequency Ohio” and requesting that the seller’s realtor enter into a nondisclosure agreement. This prevented the seller from disclosing that the defendant was the true buyer and that he used BLMGA funds to make the purchase.
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 Division of the FBI – Toledo Resident Agency and the Toledo Police Department. This case is being prosecuted by Assistant United States Attorney Michael Freeman.
Strongsville man accused of filing false tax returnsRead the Press Release
A federal grand jury sitting in Cleveland has handed down an indictment charging Richard Gould, 65, of Strongsville, with two counts of making and subscribing false tax returns.
“Knowingly underreporting taxable income, or otherwise submitting a false tax return, is a criminal tax violation,” said Acting U.S. Attorney Bridget M. Brennan. “As people prepare or review their tax returns this year, let this be a reminder that intentional violations of tax laws will be investigated by the IRS and prosecuted by our Office.”
“With filing season in full swing, it is important to file accurate and timely tax returns,” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “Investigating those who willfully and intentionally file false tax returns is a top priority for IRS CI.”
According to the indictment, for the calendar years of 2014 and 2015, the defendant is accused of filing a joint United States Individual Income Tax Return (Form 1040) with his spouse and knowingly underreporting total income for both years. Specifically, the defendant is accused of stating that his occupation was “unemployed” when he knew, in fact, that he was gainfully employed.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.
In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.
This case was investigated by Internal Revenue Service – Criminal Investigations. This case is being prosecuted by Assistant U.S. Attorney Brian McDonough.
Canton man sentenced to 8 years for distributing carfentanil and possession of firearms as a felonRead the Press Release
A Canton, Ohio, man was sentenced to 105 months imprisonment and ordered to pay a $25,000 fine by U.S. Judge Pamela A. Barker after pleading guilty to distribution of carfentanil and felon in possession of a firearm and ammunition.
Rollins Babb, 27, was arrested on April 23, 2020, by federal agents with the Canton FBI Safe Streets Task Force and members of the Canton Police Department after the execution of a federal search warrant.
“This case presents another example of the danger our communities face when those who are already prohibited from having firearms do so in order to advance and support their illegal narcotics trafficking, here the distribution of carfentanil," said Acting U.S. Attorney Bridget M. Brennan. “We remain committed to the coordinated law enforcement efforts throughout this District, and especially in Canton, that prioritize this threat and seek to protect us all.”
"Guns, violence and illegal narcotics often go hand-in-hand, and Mr. Babb will now answer for his actions," said FBI Special Agent in Charge Eric. B. Smith. "The FBI will continue to work shoulder to shoulder with our partners to ensure those who bring violence and narcotics to our communities are held accountable. "
According to court documents, Babb became under federal investigation after he sold 51 grams of carfentanil to an FBI source on January 10, 2020. On April 23, law enforcement searched Babb’s residence pursuant to a federal search warrant and seized and located two Glock pistols, approximately $8,000 in cash, multiple packages of marijuana, digital scales, oxycodone, a security system, multiple cell phones, cutting agents and promethazine and codeine syrup. Investigators located one of the firearms in a secret compartment hidden above the front door of the home and the other in a couch in Babb’s living room.
Babb is prohibited from possessing a firearm due to previous convictions for robbery and felonious assault in 2015 in Stark County.
The investigation preceding the indictment was conducted by the Canton FBI Safe Streets Taskforce and the Canton Police Department. This case was prosecuted by Assistant U.S. Attorney Aaron P. Howell.
Lab analyst sentenced for falsifying test resultsRead the Press Release
A former environmental laboratory analyst was sentenced by U.S. District Court Judge Pamela A. Barker to two years of probation and ordered to pay a $2,500 fine for falsifying laboratory test results.
Andrew K. Ecklund, age 58, of Tallmadge, Ohio, pleaded guilty in November of 2020 to nine counts of wire fraud stemming from a scheme to falsify laboratory analysis reports in order to improve work efficiency.
“Regulations are critically important to ensuring the health and safety of the environment and the general public," said Acting U.S. Attorney Bridget M. Brennan. “When any person subverts quality control procedures and then misrepresents test results identifying levels of hazardous substances, they will be held accountable for their actions."
“Both environmental regulators and the regulated community rely on accurate laboratory results to make important decisions on the protection of human health and the environment,” said Special Agent in Charge Jennifer Lynn of EPA’s Criminal Investigation Division in Ohio. “Quality control is one of the most important aspects of sample analysis. This sentencing demonstrates that analysts who cover up failed quality control measures and then misrepresent test results will be held accountable.”
“Today’s sentencing confirms that the Defense Criminal Investigative Service (DCIS) is committed to protecting the integrity of the procurement process,” stated Special Agent in Charge Patrick J. Hegarty, DCIS Northeast Field Office. “The DCIS will continue to work with its partner agencies to ensure that similar conduct is thwarted and that the U.S. Department of Defense is made whole.”
According to court documents, Ecklund was previously employed as a laboratory analyst with an environmental testing company operating in Northeast Ohio. The company was paid to analyze environmental samples for organizations and government agencies across the United States and to do so according to U.S. EPA regulations. As a laboratory analyst, Ecklund was responsible for testing samples for the presence and concentration of hazardous substances and unacceptable levels of pollutants using industry standards, methodology and quality control measures.
On nine separate occasions between on or about January 3, 2012, and on or about July 25, 2015, Ecklund took steps to make it appear that certain samples had passed quality control testing measures, when in fact, they had failed. In particular, Ecklund failed to properly calibrate and tune the quality control instruments, which was the foundation of the quality control process. This failure resulted in unreliable measurements of pollutants and hazardous substances, and therefore invalidated the testing process.
By disguising these invalid tests and making them appear valid, Ecklund was able to increase his productivity by avoiding having to shut down his instruments for repair and not retesting the samples, as required by EPA regulations. As a result of his actions, the test results provided by the company to their customers were invalid.
After the laboratory testing was complete, the company was required to submit an analysis report to their customers. Each report identified the laboratory analyst who conducted the testing and described any deviations from the testing methodology, including the quality control measures. Ecklund failed to disclose on these reports that the samples had failed the quality control measures and the actions he took to make it appear that they had passed.
The investigation preceding the indictment was conducted by the Ohio EPA, Ohio Attorney General’s Office, Army Criminal Investigation Command, Department of Defense, Office of Inspector General, and U.S. EPA Criminal Investigation Division, all of which are members of the Northeast Ohio Environmental Crimes Task Force. The case was prosecuted by Assistant U.S. Attorney Brad J. Beeson.
Kirtland couple pleads guilty to bribery of former city of Cleveland demolition officialRead the Press Release
A Kirtland couple has pleaded guilty in federal court to bribery of a former city of Cleveland demolition official in return for favorable service and treatment with building demolition projects.
Joseph Tucceri, 75, and Gwen Tucceri, 60, pleaded guilty to a Bill of Information charging them with honest services mail fraud, honest services wire fraud, bribery in federally funded programs and making and subscribing false income tax returns.
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.
Specifically, the Tucceris made payments to Taylor in exchange for officials acts such as expedited service on demolition inspections and permits that were required for them to receive payment on a demolition contract. In addition, the Tucceris paid Taylor with the intent to influence his advice, which would form the basis for acts by other public officials that would ultimately benefit the Tucceris. As a result of their scheme, the Tucceris were able to obtain faster payments for demolition jobs, which gave them a competitive advantage over their competitors by allowing a quicker transition to additional contracts.
For example, according to the charges in the Bill of Information, , on or about May 19, 2017, Gwen Tucceri and Taylor had a phone conversation in which they discussed their arrangement, with Gwen stating that “we appreciate you,” and that she would “take care of everything I owe you for” when they next met. Taylor responded that he was grateful for “whatever you do to show your appreciation.” On or about May 22, 2017, the Tucceris met with Taylor and paid him $150 in return for favorable treatment on an inspection for one of their demolition projects and continued favorable treatment.
During that meeting, the Tucceris and Taylor also discussed a financial arrangement that involved Taylor repaying the Tucceris for a loan with favorable demolition inspections. Taylor asked, “we good [am I paid off now]?” Gwen agreed, and Taylor stated, “Now we just keep it moving [continue exchanging bribes for favorable treatment].” Gwen repeatedly stated, “We appreciate you.” Taylor thanked Joseph for the payment and said that they would “continue to handle our business,” with Gwen replying, “I’ll take care of you with the other stuff [pay you for the other upcoming inspections].”
Additionally, for the calendar year of 2016, Joseph and Gwen Tucceri both pleaded guilty to submitting a false income tax return that failed to report their full amount of income from all sources. As a result, the return understated the full amount of taxes owed.
Rufus Taylor pleaded guilty to an indictment charging him with bribery in federally funded programs and extortion under color of official right in September of 2018. Taylor is set to be sentenced on June 2, 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 Chelsea S. Rice and Elliot D. Morrison.
Canton man sentenced to 22 and a half years for possession with intent to distribute 16 pounds of meth, marijuana, heroin, LSD and possession of a semi-automatic pistolRead the Press Release
Elmer Curtis Jones, 31, of Canton, Ohio, was sentenced to 270 months imprisonment by U.S. District Court Judge John R. Adams after a jury found him guilty of four counts of possession with intent to distribute controlled substances and one count of possession of a firearm in furtherance of a drug trafficking crime.
According to court records, on February 4, 2020, the Stark County Sheriff’s Office received a complaint about a man, later identified as Jones, who appeared to be sleeping at the wheel of a vehicle in the 2900 block of Maple Avenue Northeast, Canton, Ohio. A law enforcement officer approached the vehicle to check on the driver and, upon arrival, identified Jones as unconscious in the driver’s seat with the vehicle still running. Jones was subsequently arrested after failing a field sobriety test.
Law enforcement officers conducted a search of the vehicle and recovered approximately 7,093 grams (16 pounds) of methamphetamine, 108 grams of a heroin and fentanyl mixture, 7 kilos of marijuana and 29 hits of LSD. In addition, on the front passenger seat of Jones’s vehicle, officers recovered a loaded, semi-automatic pistol.
Jones was found guilty after a trial by jury convicted him of four counts of possession with intent to distribute controlled substances and one count of possession of a firearm in furtherance of a drug trafficking crime in November of 2020.
This case was investigated by the Stark County Metro Narcotics Unit, FBI, Stark County Sheriff’s Office, Jackson Township Police Department and Canton Police Department. This case was prosecuted by Assistant United States Attorney Toni Beth Schnellinger Feisthamel.
Two men charged in a conspiracy to send drug-infused letters to inmates at a federal prison in South CarolinaRead the Press Release
A Northfield, Ohio man made his initial appearance in federal court today after a federal grand jury sitting in Cleveland handed down a six-count indictment alleging that he participated in a conspiracy to send drug-infused letters to federal inmates at the Federal Correctional Institute in Edgefield, South Carolina (FCI Edgefield), in exchange for payments.
The indictment charges Frank GORDON III, age 64, of Northfield and Shawn GILREATH, age 45, a federal inmate at FCI Edgefield, with conspiracy to provide and possess prohibited objects in federal prison; conspiracy to distribute and possess with intent to distribute controlled substances and controlled substance analogues; two counts of distribution of a controlled substance and two counts of distribution of a controlled substance analogue.
GORDON III entered a plea of not guilty to counts 1-6 of the indictment and was released on a $20,000 bond. GILREATH will have his initial appearance on March 23 before Magistrate Judge Thomas M. Parker.
The indictment alleges that GILRTEATH was a federal inmate incarcerated at FCI Edgefield, and from time to time, GORDON III would mail letters infused with controlled substances and controlled substance analogues, such as synthetic cannabinoids, to GILREATH and other inmates at FCI Edgefield in exchange for payments.
The indictment states that once a letter was received, it could be broken down into smaller pieces and ingested or distributed to other inmates.
According to the indictment, from March through December of 2020, GORDON III mailed a series of these drug-infused letters from the Northern District of Ohio addressed to GILREATH and other inmates at FCI Edgefield. Investigators seized and inspected these letters and found that that they contained detectable amounts of controlled substances and analogues. Each letter contained various photographs and bore a return address for GORDON III' s residence in the Northern District of Ohio.
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 Northern Ohio Law Enforcement Task Force (NOLETF) and the Bureau of Prisons. Assistance was provided by the Summit County Sheriff’s Office. This case is being prosecuted by Assistant United States Attorney James P. Lewis.
Parma Heights man charged with selling fentanyl that led to fatal overdoseRead the Press Release
A Parma Heights man has been charged in federal court for selling fentanyl to a Middleburgh Heights man that resulted in a fatal overdose. Marcus L. Sanders, age 23, of Parma Heights, was charged in a superseding five-count indictment with distribution of fentanyl, with a sentencing enhancement alleging the sale resulted in death; possession with intent to distribute fentanyl; possession with intent to distribute heroin fentanyl, N-butyl Pentylone, and cocaine and two counts of possession with intent to distribute marijuana.
According to the affidavit in support of the criminal complaint, on May 3rd, 2020, Middleburg Heights Police responded to a call for a suspected overdose at a residence. Upon arrival, the male overdose victim was treated with Narcan and transported to the hospital, where he was later pronounced dead. Law enforcement searched the victim’s phone and reviewed a series of text messages between the victim and a reoccurring number, later alleged to be the defendant. After reviewing the messages, law enforcement determined that on May 2nd and May 3rd, the victim and the defendant allegedly arranged a drug transaction for narcotics.
On May 18th, law enforcement investigators sent a message to the defendant from the victim’s phone, arranging for the purported purchase of narcotics. Investigators conducted surveillance of the defendant’s residence and observed as he traveled to the victim’s home to complete the transaction. Upon arrival at the victim’s address, the defendant was arrested and searched. The defendant allegedly had in his possession fentanyl, heroin, N-butyl Pentylone, cocaine and marijuana.
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 Middleburg Heights Police Department and the DEA. This case is being prosecuted by Assistant U.S. Attorney James P. Lewis.
Cleveland City Council member arrested, charged with federal program theftRead the Press Release
Acting United States Attorney Bridget M. Brennan announced today that sitting Cleveland City Council member Kenneth JOHNSON, age 74, of Cleveland, was arrested this morning by law enforcement agents with the Cleveland Division of the FBI after a federal grand jury handed down a fifteen-count indictment charging JOHNSON with violations related to federal program theft. Two additional defendants were also charged in the indictment.
“The allegations set forth in today’s indictment detail the exploitation of public office for personal gain,” said Acting U.S. Attorney Bridget M. Brennan. “Such conduct may bring about a temporary financial benefit for those involved, but it harms the public’s confidence in its elected officials. Where an elected official is alleged to have disregarded their oath and obligations, the public should remain confident that we will not disregard ours. Allegations of public corruption will be thoroughly investigated and brought before the court for a final resolution.”
“These individuals are accused of developing and implementing schemes to defraud hardworking American federal taxpayers,” said FBI Special Agent in Charge Eric B. Smith. “Citizens should have confidence that their elected representatives are ethical and law abiding, not enriching themselves through graft and deceit. The FBI will continue to root out fraudsters that portray themselves as civil servants and hold them accountable.”
“This indictment represents our continuing resolve to root out fraud and corruption in all forms, particularly when the programs involved should have been used to help our neediest families and the communities in which they live,” said HUD OIG Special Agent in Charge Brad Geary. “It is our continuing core mission to work with our law enforcement partners and the United States Attorney’s Office to protect the integrity of our housing programs and to take strong action against those who seek to illegally benefit from them.”
“When public officials choose to betray the public’s trust for personal gain, our system of government is negatively impacted,” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “Therefore, in partnership with the U.S. Attorney’s Office and our law enforcement partners, IRS Criminal Investigation gives priority to investigations involving the alleged breach of the public trust by government officials at any level.”
The indictment charges JOHNSON with 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. Defendant JOHNSON was elected to serve as a Ward 4 Councilperson for the city of Cleveland.
Defendant Garnell JAMISON, age 61, of Cleveland, is charged with one count of conspiracy to commit federal program theft; two 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 worked for the city of Cleveland as JOHNSON’s Executive Assistant, a position he held for over 20 years.
Defendant John HOPKINS, age 57, of Cleveland Heights, is charged with one count of conspiracy to commit federal program theft and three counts of federal program theft. HOPKINS was Executive Director of The Buckeye Shaker Square Development Corporation.
Robert Fitzpatrick worked for the city of Cleveland in the Division of Recreation. Fitzpatrick was charged in a Bill of Information for his role in the scheme and pleaded guilty on February 8, 2021.
According to the indictment, from January of 2010 through October of 2018, defendants JOHNSON, JAMISON, Fitzpatrick, and others known and unknown to the Grand Jury, are accused of conspiring together to commit federal program theft in order to enrich themselves and others. JOHNSON and his conspirators are accused of inducing the city of Cleveland to issue reimbursement checks from the city’s general fund to JOHNSON for Ward 4 maintenance expenses that were never actually performed. From July 2009 to June 2019, the city received Community Development Funds via the Department of Housing and Urban Development (HUD) that were deposited into the city’s general fund.
The indictment states that around 2010, JOHNSON and JAMISON approached Fitzpatrick and asked him to perform maintenance services in Ward 4. These tasks included cutting grass, checking on properties, assisting with snow removal and looking for potential homes that could be renovated and sold for a profit. Fitzpatrick performed these services for approximately six weeks and was never paid by JOHNSON nor JAMISON. Fitzpatrick did not perform any ward services after the initial six weeks and continued to receive his salary from the city.
It is alleged that JAMISON regularly delivered timesheets to Fitzpatrick that purported to reflect the hours and maintenance services he performed in Ward 4 and instructed him to sign them. Fitzpatrick complied, even though he did not actually perform any ward services beyond the initial six weeks.
As part of the alleged conspiracy, JAMISON delivered these timesheets to JOHNSON for his approval and JOHNSON included them with his “Council Member Expense Reports,” which were submitted to the city in order for reimbursement as eligible council-related expenses. In addition, JOHNSON attached receipts to his expense reports that made it appear that he had paid Fitzpatrick, in cash, for Ward 4 services. These receipts purportedly bore Fitzpatrick’s signature.
From January of 2010 through October of 2018, the indictment alleges that JOHNSON requested the maximum reimbursement – $1,200 – each month on his expense report for ward services that Fitzpatrick seemingly had performed. Based on records, the city issued $1,200 in monthly expense reimbursement checks to JOHNSON, totaling approximately $127,200. According to the indictment, each reimbursement check from the city was deposited into a personal bank account owned by JOHNSON.
JOHNSON is also charged for a conspiracy to commit theft of federal program funds dispersed to The Buckeye Shaker Square Development Corporation (BSSDC) via community block grants. The indictment states that, from September of 2013 through June of 2019, JOHNSON, HOPKINS and three other unnamed persons (known to the Grand Jury but not charged) conspired together to commit federal program theft.
The defendants and their co-conspirators are accused of creating fraudulent documents, including timesheets, and causing BSSDC to issue checks to the three unnamed persons to which they were not entitled. JOHNSON was either directly related or the court-appointed guardian for the three unnamed persons.
Furthermore, the indictment states that from in or around December 2013 to in or around March 2018, HOPKINS signed no less than approximately $50,000 in BSSDC checks issued to third parties, including the three unnamed persons. These checks were later deposited or transferred into bank accounts held and controlled by JOHNSON.
Federal law and the city’s conflict of interest prohibitions related to the distribution and receipt of the Community Development Funds prohibit any person, or family of a person, who was an employee, agent, consultant, officer, or elected official or appointed official of the BSSDC or the city, from personally benefitting from the funds.
Counts 9 through 13 of the indictment charge JOHNSON and JAMISON with falsifying JOHNSON’s Individual Income Tax Return, Form 1040, for the calendar years of 2014 through 2018. JOHNSON and JAMISON allegedly failed to report additional income from their scheme and inflated the value of JOHNSON’s itemized deductions.
The final two counts of the indictment accuse JOHNSON and JAMISON of witness tampering and falsifying records in a federal investigation.
On or about October 2, 2020, JOHNSON, who was the court-appointed guardian of a fourth unnamed person, and JAMISON attempted to corruptly persuade this person by providing false and fraudulent information and records purporting to document charitable donations made by JOHNSON, and other material information, with the intent to influence this person’s testimony.
JOHNSON and JAMISON are also accused of creating a fraudulent donation receipt intended to obstruct the investigation into this matter and influence a grand jury proceeding.
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 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.
Youngstown man with prior drug trafficking convictions charged with possession with intent to distribute 2.8 kilos of fentanylRead the Press Release
A Youngstown man with prior convictions for drug trafficking, possession of heroin and assault on a peace officer was charged in a seven-count indictment handed down by a federal grand jury in Cleveland today. Raphael Ortiz, age 40, was charged with possession with intent to distribute fentanyl, distribution of fentanyl, using and maintaining a drug premise, possessing firearms in furtherance of a drug trafficking crime and as a felon in possession of firearms.
According to the affidavit in support of the criminal complaint, on January 6, 2021, law enforcement officers with the FBI, Mahoning Valley Violent Crimes Task Force (MVVCTF) and Mahoning Valley Law Enforcement Task Force (MVLETF) executed a search warrant at the defendants’ Youngstown-area residence. During the execution of the warrant, law enforcement investigators discovered a semi-automatic pistol and approximately $26,000 in cash.
That same day, law enforcement officers executed a second and third search warrant at
two additional residences known to be used for the distribution and storage of narcotics by the defendant. During the execution of these search warrants, the affidavit states that investigators discovered approximately 2.8 kilograms of fentanyl, a Sig Sauger semi-automatic pistol, Remington pump-action shotgun, Springfield Armory semi-automatic pistol, Smith & Wesson semiautomatic rifle, and a Springfield Armory semiautomatic rifle.
The defendant is prohibited from possessing firearms due to a 2008 conviction for drug trafficking and 2004 convictions for possession of heroin and assault on a peace officer.
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 FBI and Mahoning Valley Law Enforcement Task Force. The case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.
Rogers man charged with illegal possession of 27 firearms, explosive device and bald eagleRead the Press Release
A federal grand jury sitting in Cleveland handed up a six-count superseding indictment charging Theodore Lutton, age 60, and Christine Lutton, 63, both of Rogers, Ohio, with various violations after law enforcement investigators search their property in October of 2020. Investigators found Theodore Lutton illegally in possession of 27 firearms, an explosive device and a deceased bald eagle, a violation of the Bald and Golden Eagle Protection Act.
The indictment charges Theodore Lutton with felon in possession firearms, possession with intent to distribute cocaine, possession with intent to distribute methamphetamine and cocaine, possession of a destructive device and unlawful possession of a bald eagle. Christine Lutton is charged with one count of unlawful possession of a red-tailed hawk.
According to the affidavit in support of the criminal complaint, on October 30, 2020, FBI agents executed a search warrant on the person of Theodore Lutton and his residence in Rogers, Ohio. Inside the home, investigators state that they located approximately 20 firearms, blasting caps for initiating an explosive device, a hand grenade, three ballistic Kevlar vests, a dead bald eagle and an improvised explosive device with screws taped to the exterior. Theodore Lutton is prohibited from possessing a firearm due to a prior felony conviction for possession with the intent to distribute marijuana.
Theodore Lutton was not present at the residence at the time of the search and investigators spoke to his wife, Christine Lutton. It is alleged in the indictment that Christine Lutton was unlawfully in possession of a deceased, frozen red-tailed hawk without a permit, a violation of the Migratory Bird Treaty Act.
Law enforcement located Theodore Lutton and arrested him at another residence in Sharon, Pennsylvania. Investigators searched the second residence and found an additional two rifles and a handgun. In total, law enforcement seized 27 firearms alleged to have been unlawfully in the possession of Theodore Lutton.
As a result of these offenses, Lutton must forfeit any and all firearms and ammunition involved in or used in the commission of these offenses.
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 FBI and Columbiana County Sheriff’s Office. This case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis and Assistant U.S. Attorney Brad Beeson.
Cleveland man sentenced to 30 years for selling heroin fentanyl mixture that caused fatal overdoseRead the Press Release
Acting United States Attorney Bridget M. Brennan announced today that Kadeem Davis, 31, of Cleveland, was sentenced to 30 years imprisonment by U.S. District Court Judge Sara Lioi. Davis was found guilty after a trial by jury of one count of distribution of fentanyl and heroin, with a sentencing enhancement alleging the sale resulted in death, two counts of use of a communication facility in furtherance of drug trafficking and one count of possession of fentanyl and heroin with intent to distribute.
“Thousands of lives have been lost and an untold amount of pain and suffering has been endured by friends and families in this District and throughout the country as a result of the opioid epidemic,” said Acting U.S. Attorney Bridget M. Brennan. “Drug dealers who exploit the vulnerabilities that addiction creates should be prepared to serve lengthy prison sentences.”
According to an affidavit in this case, on August 21, 2018, Lakewood police were called to respond to a residence for a report of a male who had overdosed. Police and paramedics found the victim at the scene, unconscious and shallowly breathing. Paramedics administered Narcan, and the victim was transported to the hospital, where he later died.
Police began an investigation into this incident and recovered suspected heroin and a cell phone in the victim’s room. The suspected heroin later tested positive as a mixture of heroin and fentanyl. Police examined the victim’s cell phone and located a text message conversation indicative of the victim reaching out to a contact labeled as “Dopeman.” The context of the conversation indicated that ‘Dopeman” had met with the victim and sold him the heroin and fentanyl mixture.
On August 22, police sent a message to “Dopeman” posing as the victim in order to attempt to obtain more narcotics. Police, acting as the victim, requested the same “heroin” as the day before and arranged a meeting at a local Burger King. After confirming that Davis was, in fact, “Dopeman”, he was arrested by police.
Davis was found to be in possession of the cell phone that “Dopeman” was using and a plastic bag containing a purple powder similar to the substance found in the victim’s room. The substance later tested positive for a mixture of heroin and fentanyl. A search warrant was subsequently obtained for Davis’s cell phone records, and he was found to be in close proximity to the victim on the same day and around the same time of the overdose.
This case was investigated by the Lakewood Police Department. It was prosecuted by Assistant U.S. Attorneys Kevin P. Pierce and Segev Phillips.
Cleveland man enters guilty plea to possession with intent to distribute 3 kilograms of cocaineRead the Press Release
A Cleveland man pleaded guilty in federal court on Tuesday to conspiracy to possess with the intent to distribute approximately three kilograms of cocaine. Jose Alfonzo Lopez, age 30, of Cleveland, Ohio, pleaded guilty to both counts of an indictment charging him with conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine.
According to the affidavit in support of the criminal complaint, in March of 2019, law enforcement officers began to suspect that Lopez was a drug supplier to several known drug dealers in the Cleveland area. Law enforcement began surveillance of a drug dealer they suspected was being supplied by a man later identified as Lopez. Throughout the course of several months, investigators utilized surveillance measures and controlled buys of cocaine from the dealer and learned that he was receiving his drugs from Lopez.
On November 8, 2019, law enforcement officers obtained and executed a search warrant for the Cleveland-area residence of Lopez. During the execution of the warrant, investigators seized approximately 3.2 kilograms of a substance that was later tested positive as cocaine.
Lopez is scheduled to be sentenced on June 15.
The investigation preceding the indictment was conducted by the Northern Ohio Law Enforcement Task Force (NOLETF) and the Cleveland Division of the FBI. The case is being prosecuted by Assistant United States Attorney Patrick P. Burke.
Lima man sentenced to 12 years for selling substance that caused overdoseRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced today that Loyd T. Turks, Jr., 26, of Lima, Ohio, was sentenced to 144 months imprisonment by U.S. District Court Judge Jack Zouhary. Turks pleaded guilty to one count of distribution of fentanyl, methylfentanyl, heroin and cocaine; one count of distribution of methylfentanyl; one count of distribution of cocaine and two counts of distribution of U47700, a Schedule I controlled substance.
“This case illustrates that our message bears repeating: fentanyl and fentanyl analogues are mixed into other drugs, including heroin and cocaine, which increases the likelihood that fatal overdoses will result,” said Acting U.S. Attorney Bridget M. Brennan. “We will continue to seek significant prison sentences for those who distribute this poison in our communities.”
On August 22, 2017, law enforcement agents received information from two individuals, Person #1 and Person #2, that Loyd Turks was a drug dealer in Lima, Ohio, who sold large quantities of illegal narcotics. Person #1 and Person #2 then conducted a controlled buy of cocaine from Turks and the next day, unbeknownst to law enforcement, Person #1 contacted Turks and purchased what was believed to be heroin. Person #1 ingested the suspect-heroin and subsequently overdosed. Person #2 found Person #1 unconscious and called 911. Emergency crews arrived and administered Narcan and Person #1 was revived and transported to the hospital. A sample amount of the drug ingested was retrieved and turned over to law enforcement, as well as a blood sample from Person #1.
Person #1 interviewed with law enforcement following the incident and informed the officer that Turks had forced Person #1 to ingest the substance in order to prove that he was not working with law enforcement. Person #1 agreed to recontact Turks and request to buy the same substance that had caused the overdose.
On August 24, 2017, a meeting was arranged to complete the transaction, and upon his arrival, Turks was arrested. Investigators searched Turks and found in his possession a white powdery substance. The substance found on Turks, the sample taken from the scene of the overdose and the blood sample of Person #1 all tested positive for a mixture of U47700 and fentanyl analogues.
Turks pleaded guilty to all five counts of the indictment in October of 2020.
This matter was investigated by the Federal Bureau of Investigation and the West Central Ohio Crime Task Force. The case was prosecuted by Assistant U.S. Attorney Tracey Ballard Tangeman and Michael J. Freeman.
Cuyahoga Falls man sentenced to six and a half years for receipt and distribution of child pornographyRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced today that Matthew Passalaqua, age 52, of Cuyahoga Falls, Ohio, was sentenced by U.S. District Court Judge Christopher A. Boyko to 80 months imprisonment after he pleaded guilty to receipt and distribution of visual depictions of real minors engaged in sexually explicit conduct.
“Any person using the ‘anonymity’ of the internet to prey upon our children is a danger to the entire community,” said Acting United States Attorney Bridget M. Brennan. “Every instance in which we identify and bring a child predator to justice should serve as a message to any other potential offender - our work continues and we will ensure that those who commit crimes against children are held accountable.”
"Possessing and distributing the sexually explicit photos of minors is incomprehensible,” said FBI Special Agent in Charge Eric B. Smith. “Unfortunately, the peddlers and producers of these horrific images persist. Those who participate in this illegal trade should know the FBI and our law enforcement partners will never cease in our efforts to identify online child predators and ensure they are brought to justice for their unfathomable crimes against children."
According to court records, in September of 2019, Passalaqua began an online conversation with an undercover FBI agent on a mobile communication application. Passalaqua, using an online alias, expressed interest in talking about sexually explicit pictures of children and the undercover agent’s purported ten-year-old son and eight-year-old daughter.
Throughout the course of several days, Passalaqua sent the undercover agent multiple videos and images depicting real minors engaged in sexually explicit conduct and a picture of himself. FBI agents identified Passalaqua through a series of subpoenas that produced the IP address and home address associated with his online username. On November 15, 2019, FBI agents contacted Passalaqua at his place of business and executed a search warrant for his person. Passalaqua agreed to an interview with the agents and confirmed that he had communicated with the undercover officer and sent the picture of himself.
Passalaqua pleaded guilty to one count of receipt and distribution of visual depictions of real minors engaged in sexually explicit conduct in October of 2020.
This matter was investigated by the Cleveland Division of the FBI and was prosecuted by Assistant United States Attorney Carol M. Skutnik.
Youngstown man charged with possession of explosive devices and illegal firearmRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced today that a federal grand jury in Cleveland returned a three-count indictment charging Oliver Smith, age 51, of Youngstown, Ohio, with possession of explosive devices, felon in possession of a firearm and possession of an unregistered silencer.
“This defendant allegedly possessed multiple, functional improvised explosive devices that presented a significant and unacceptable threat to others,” said Acting U.S. Attorney Bridget M. Brennan. “We are incredibly grateful to law enforcement for safely locating and securing these devices before anyone was seriously injured or killed.”
"This individual acquired dangerous explosive materials and firearms which he was prohibited from possessing,” said FBI Special Agent in Charge Eric B. Smith. “As in this case, the FBI encourages the public to report information like this to law enforcement and to stay alert for suspicious or criminal activity."
According to court documents, in October of 2020, the Adult Parole Authority (APA) and law enforcement agents learned that the defendant allegedly had in his possession a firearm with an attached silencer at his Youngstown-area residence. At the time of the incident, the defendant was on Community Control under the supervision of the APA related to a previous conviction of drug possession and was prohibited from possessing a firearm due to a previous conviction of aggravated assault.
Law enforcement agents conducted a home visit and searched the defendant’s residence under the authority of the APA. The affidavit in support of the criminal complaint states that during the search, law enforcement officers located and seized multiple rounds of ammunition and a firearm with an attached silencer that was not registered in the National Firearms Registration and Transfer Record, as required by law.
After learning more information about additional potential weapons in the defendant’s residence, law enforcement agents with the FBI executed a second search of the property. Officers recovered two arrows, which were allegedly modified and filled with explosive powder, wrapped in tape with nails, and tipped with detonators. Upon examination by FBI agents trained in explosive devices, these arrows were determined to be functional and could explode on impact.
Additionally, agents recovered two devices allegedly filled with explosive powder and ball bearings. Upon examination by FBI agents trained in explosive devices, these devices were determined to be functional and would explode upon electrical initiation, propelling the ball bearings as shrapnel.
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 APA and the FBI. This case is being prosecuted by Assistant United States Attorney Duncan T. Brown.
Two Youngstown-area physicians indicted for health care fraud and kickback schemes; third charged by bill of informationRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced today that a grand jury sitting in Cleveland, Ohio returned an eleven-count indictment charging Samir Wahib, age 53, of Canfield, and Joni Canby, age 62, of Poland, for their roles in a scheme to defraud Medicare and Medicaid and obtain reimbursement for testing that was not medically necessary.
Michelle Kapon, age 41, of Youngstown, was also named in the indictment, but charged separately in a bill of information for conspiring with Wahib and Canby to accept kickbacks from Wahib.
“These defendants are physicians accused of orchestrating a scheme to defraud a tax-payer funded health care benefit program created to assist vulnerable populations,” said Acting U.S. Attorney Bridget M. Brennan. “Their alleged conduct, which included kickbacks and medically unnecessary testing, was designed specifically to enrich themselves. We are grateful for the hard work of the investigating agencies who, like us, are dedicated to bringing allegations of fraud and illegal kickbacks before the Court.”
“The payment of kickbacks is a corrupt and illegal practice that inappropriately influences an individual or entity’s capacity to make unbiased decisions, which is of particular concern in the health care environment,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General - Chicago Region. “Kickbacks can result in the overutilization of diagnostic testing and other services that ultimately lead to an increase in program costs, waste valuable tax-payer dollars, and can expose patients to medically unnecessary services. The OIG will continue to work with our law enforcement partners to ensure that those who choose to engage in this type of practice are held accountable.”
“These doctors schemed and defrauded a taxpayer-funded program that assists individuals in obtaining needed healthcare,” said FBI Special Agent in Charge Eric B. Smith. “Healthcare fraud is a concern to all of us; our tax dollars should be utilized responsibly, not to line the pockets of greedy physicians. The FBI will continue to work with our partners to ensure healthcare fraud is rooted out and those responsible answer in a court of law”
“Subjecting patients to unnecessary tests is bad medicine,” Ohio Attorney General Dave Yost said. “Stealing from taxpayer-funded healthcare while doing so is criminal, and that’s when we, and our federal law enforcement partners, come in.”
The indictment charges defendants Wahib and Canby with conspiring with Kapon to solicit, receive, offer and pay kickbacks in connection with a federal health care program; and it charges Wahib and Canby with conspiracy to commit health care fraud and health care fraud. Defendant Wahib is also charged with obstruction of a criminal investigation of federal health care offenses, as well as four additional counts of paying kickbacks in connection with a federal health care program. Defendant Canby is charged with two additional counts of receipt of kickbacks in connection with a federal health care program.
At the time of the allegations, Wahib was a Doctor of Osteopathic Medicine and an obstetrics and gynecological (“OBGYN”) specialist; Canby was a Doctor of Osteopathic Medicine and an OBGYN specialist and Kapon was a Doctor of Medicine. All three physicians were licensed in the State of Ohio and practiced medicine in the Youngstown area.
According to the indictment, Wahib is accused of conspiring, from March of 2014 through January of 2017, to pay kickbacks to Canby and Kapon to induce them to order gonorrhea and chlamydia testing to be performed by Wahib on specimens of Canby’s and Kapon’s patients. Wahib allegedly then billed and was paid by the federal government for this testing. Wahib and Canby are also accused of conspiring, through this scheme, to test Canby’s and Wahib’s patients when it was medically unnecessary to do so.
The indictment alleges that Wahib paid Canby and Kapon per specimen that they sent to him for testing. Wahib would then submit claims for reimbursement through the Medicaid and Medicare programs. Furthermore, Wahib allegedly provided Kapon, who was not an OBGYN specialist, with compensation in kind in the form of supervision of her OBGYN treatment of patients at a Youngstown-area hospital.
Wahib allegedly paid kickbacks with checks drawn on his business checking account, which he attempted to disguise as “physician coverage” by noting this on the memo line of the checks. Wahib intended to make these checks appear that they were payment for Canby and Kapon having treated Wahib’s patients when he was unavailable. The indictment further states that an employee and relative of Wahib, working on his behalf, provided Canby and Kapon with the necessary supplies to collect and retrieve the specimens. That employee would also retrieve the specimens from Canby’s and Kapon’s offices and perform testing of the specimens on a specialized machine at Wahib’s medical office.
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 United States Department of Health and Human Services - Office of Inspector General, the FBI, and the Healthcare Fraud section of the Ohio Attorney General’s Office. The case is being prosecuted by Assistant U.S. Attorney Brendan O’Shea, and Special Assistant U.S. Attorney Jonathan Metzler of the Ohio AG’s Office.
Two Kirtland men charged with trafficking meth and illegal possession of 16 AR-15 style rifles, sniper rifles, shotguns and handgunsRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced today that a federal grand jury sitting in Cleveland returned an eight-count indictment charging Ernest Corrigan, age 57, and Andrew Householder, age 43, both of Kirtland, Ohio, with numerous federal drug trafficking and firearms charges.
Defendants Corrigan and Householder are both charged with conspiracy to possess with the intent to distribute controlled substances; possession with intent to distribute methamphetamine, heroin, cocaine and oxycodone and possession of a firearm in furtherance of a drug trafficking crime. In addition, defendant Corrigan is charged as a felon in possession of a firearm and ammunition.
According to court documents, in June of 2020, law enforcement agents identified the defendants as known traffickers of methamphetamines in Ohio and began surveillance measures. From August through December of 2020, law enforcement officers conducted a number of controlled buys of methamphetamines from a residence used by the defendants. On December 30, 2020, a search warrant was obtained for the residence used by the defendants. During the execution of the search warrant, law enforcement agents allegedly obtained more than a kilogram of methamphetamine and detectable amounts of heroin, cocaine and oxycodone. In addition, agents recovered 16 firearms, including AR-15 style rifles, sniper rifles, shotguns, and handguns; thousands of rounds of ammunition of all calibers and approximately $4,000 in cash.
While searching the residence, law enforcement agents also discovered a methamphetamine lab and pill press allegedly used to make counterfeit Adderall pills, which contained methamphetamine.
Defendant Corrigan is prohibited from possessing a firearm due to two previous federal convictions for trafficking methamphetamine and a conviction for the possession of a firearm in furtherance of a drug trafficking.
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, Ohio Attorney General’s Office, Geauga County Sheriff's Office and Cleveland Heights Police Department. This case is being prosecuted by Assistant U.S. Attorney Kevin P. Pierce.
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.
Pennsylvania man charged with forcibly assaulting federal law enforcement officers in ClevelandRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced today that a federal grand jury sitting in Cleveland returned a three-count indictment charging Dewayne Taylor, age 31, of Harrisburg, PA, with forcibly assaulting, resisting, opposing, impeding or interfering with federal law enforcement officer; using, carrying, and brandishing a firearm during and in relation to a crime of violence; and being a felon in possession of a firearm.
According to court documents, on December 11, 2020, members of the United States Marshals Service (USMS) Northern Ohio Violent Fugitive Task Force (NOVFTF) were searching for the defendant due to an arrest warrant issued by the State of Pennsylvania Parole Authority. NOVFTF officers received information that the defendant was at a Walmart in the city of Cleveland and attempted to make an arrest. During the attempt, it is alleged that the defendant noticed the NOVFTF members, got into his vehicle, and pointed a firearm at one of the officers. In response, some of the NOVFTF members discharged their firearms, striking the defendant in the shoulder. The NOVFTF members rendered first aid until EMS arrived and transported the defendant to the hospital.
The defendant is prohibited from possessing a firearm due to previous convictions for conspiracy to commit burglary and burglary in the in Dauphin County Court of Common Pleas in the Commonwealth of Pennsylvania.
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 was conducted by the United States Marshal’s Service Northern Ohio Violent Fugitive Task Force, the Cleveland Division of Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives and the matter is being prosecuted by Assistant United States Attorney Kelly L. Galvin.
Eight charged with trafficking 10 kilos of cocaine and other drugs in Lorain, Elyria and ClevelandRead the Press Release
Federal law enforcement officials announced today that eight individuals were charged for their roles in a drug trafficking conspiracy that distributed at least 10 kilograms of cocaine and other drugs in the Lorain, Elyria and Cleveland areas. The charges were unsealed in two separate indictments. Seven defendants have been arrested and one, Mohammad HAMID, remains a fugitive.
“The cooperation between local and federal law enforcement has once again proven effective,” said Acting U.S. Attorney Bridget M. Brennan. “Anyone alleged to be selling cocaine, heroin or any other illegal narcotics in Cleveland, Elyria or Lorain should expect a strong law enforcement response.”
“Yesterday's enforcement operation was the culmination of an investigation that targeted narcotics-related crimes and drug trafficking in Lorain county,” said DEA Special Agent in Charge Keith Martin. “The arrests of these individuals puts drug dealers on notice that we will use whatever resources necessary to remove them, and the poisons they peddle, from our communities.”
The first indictment charges Fernando TALAVERA, age 42, of Parma Heights, and Harlan PAGE, age 29, of Westlake, with conspiracy to distribute and possession with the intent to distribute cocaine. In addition, defendant TALAVERA is charged as a felon in possession of a firearm.
The second indictment charges Prince BROWN, age 35, currently incarcerated; Robert STARR, age 27, of Lorain; Mohammad HAMID, age 33, of Avon Lake; Amos JACKSON, age 37, of Elyria; Darian LOPEZ, age 27, of Lorain and Devon GRANTHAM, age 26, of Elyria with conspiracy to distribute and possession with the intent to distribute controlled substances and use of a communication facility in furtherance of a drug trafficking crime. In addition, Defendant STARR is charged with two counts of distribution of cocaine and defendant BROWN is charged with one count of possession with intent to distribute heroin and as a felon in possession of a firearm and ammunition.
According to the charges, from January of 2019 to September of 2020, defendants TALAVERA and PAGE worked together to traffic at least five kilograms of cocaine in the Elyria, Lorain and Cleveland areas. Separately, defendants BROWN and HAMID conspired together to supply at least five kilograms of cocaine and other amounts of heroin to other narcotics traffickers in their network.
As part of the conspiracy and to reduce the risk of being detected by law enforcement, the defendants used cell phones obtained in the names of fictitious individuals and code words when discussing drug trafficking activity.
On the morning of January 28, law enforcement agents with the Northern Ohio Violent Fugitive Task Force (NOVFTF) assisted the DEA with apprehending the defendants and succeeded in placing seven of the eight in federal custody.
These arrests and indictments are related to an earlier investigation into drug trafficking in the Lorain county area. In July of 2020, 10 individuals were arrested in a conspiracy to distribute crack cocaine, cocaine and oxycodone throughout Elyria.
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 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.
The matter was investigated by the Drug Enforcement Agency, Lorain county High Intensity Drug Trafficking Area (HIDTA), City of Lorain Police Department and City of Elyria Police Department. This case is being prosecuted by Assistant U.S. Attorney Vasile C. Katsaros.
Two Akron-area men charged with intent to distribute approximately 10,000 THC vape cartridges and psilocin in Northern OhioRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced today that a four-count indictment charging Gage Predojev, age 22, and Justin Duma, age 22, both of Akron, Ohio, with drug trafficking and firearm offenses was unsealed following the arrest of the defendants.
Gage Predojev was charged with one count of possession with intent to distribute controlled substances (THC) and one count of felon in possession of a firearm. Justin Duma was charged with one count of possession with intent to distribute controlled substances (psilocin) and one count of possession of a firearm in furtherance of drug trafficking.
In September of 2019, it is alleged that defendant Predojev drove from Michigan to Cleveland, Ohio, with approximately 10,000 THC vape cartridges in his vehicle. Defendant Predojev allegedly intended to distribute the vape cartridges in the Northern District of Ohio.
In October 2019, law enforcement agents executed a search warrant at the Akron-area residence of defendants Predojev and Duma and seized various controlled substances, including THC vape cartridges and 400+ grams of psychedelic mushrooms (psilocin); several firearms and ammunition; and $18,432.00 in cash.
Defendant Predojev is prohibited from owning a firearm due to previous convictions of drug trafficking 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, 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 FDA – Office of Criminal Investigations in conjunction with the Ohio Attorney General’s Organized Crime Commission Major Crimes Task Force which consists of the Cuyahoga County Sheriff’s Department, Cuyahoga County Prosecutor’s Office, FDA-OCI, U.S. Postal Inspection Service and Homeland Security Investigations. The case is being prosecuted by Assistant United States Attorney Aaron P. Howell.
Strasburg woman sentenced to 24 months imprisonment after embezzling more than $400k from former employerRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced today that Teresa A. Weber, age 57, of Strasburg, Ohio, was sentenced to 24 months imprisonment by United States District Judge Solomon Oliver, Jr after she pleaded guilty to embezzling approximately $423,000 from her former employer.
According to court documents, from October of 2010 through November of 2018, Weber was employed at an evergreen nursery in Carroll County, Ohio, that grew, sold and distributed evergreen trees. During this time, Weber used her position to embezzle company funds in order to pay for personal expenses.
Court records state that Weber fraudulently conducted financial transactions on behalf of her employer, failing to disclose that the transactions were actually for her own personal benefit. In addition, Weber admitted to writing checks to her personal bank account from her employer's bank account; placed on these checks a signature stamp in the name of the business owner to make it appear that the transactions had been approved and concealed her fraudulent activity by manipulating the business checking ledger to make it appear that the checks had never been issued.
As a result of her actions, Weber fraudulently obtained approximately $423,000.00 from her former employer.
The investigation preceding this charge was conducted by the Canton Division of the FBI. The case was prosecuted by Assistant United States Attorney Brendan D. O'Shea.
####
Michigan man charged with possession with intent to distribute more than 1,000 THC vape cartridgesRead the Press Release
Cleveland, Ohio – Acting U.S. Attorney Bridget M. Brennan announced today that a federal indictment charging Adrian Joseph-Todd, age 25, of Okemos, Michigan, with one count of possession with intent to distribute tetrahydrocannabinols was unsealed this week following the arrest of the defendant.
“There is a well-known and documented connection between the consumption of THC vape cartridges and significant respiratory health issues that could cause lasting harm or even death,” said Acting U.S. Attorney Bridget M. Brennan. “These products must be taken seriously, and dealers of these illegal cartridges must be held accountable due to the potentially life-threatening health conditions they may cause.”
On September 20, 2019, it is alleged that the defendant drove from Michigan to Cleveland, Ohio, with over 1,000 THC vape cartridges in his vehicle. The defendant allegedly intended to sell the vape cartridges in the Northern District of Ohio. In October of 2019, the Food and Drug Administration warned the public to stop using vaping products containing THC amid more than 1,000 reports of lung injuries—including some resulting in deaths—following the use of vaping products.
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 matter was investigated by the FDA Office of Criminal Investigations in conjunction with the Ohio Attorney General’s Organized Crime Commission Major Crimes Task Force which consists of the Cuyahoga County Sheriff’s Department, Cuyahoga County Prosecutor’s Office, FDA OCI, U.S. Postal Inspection Service and Homeland Security Investigations. The case is being prosecuted by Assistant United States Attorney Aaron P. Howell.
Statement from Acting U.S. Attorney Bridget M. Brennan on the fatal shooting of Toledo Police Officer Brandon StalkerRead the Press Release
Today is a sad and devastating day for the city of Toledo and the entire law enforcement community as we mourn the loss of Toledo Police Officer Brandon Stalker. This is an unimaginable loss to the Toledo community, the Toledo Police Department and all who knew him. Words cannot describe the heartache and pain felt by the family and friends of Officer Stalker. I send my heartfelt condolences to his children, fiancée and family.
Officer Stalker had only just begun his career as a public servant when he was tragically killed. Few professions demand not only the best of people, but that they go to work every day willing to sacrifice their own lives for the greater good. Law enforcement is certainly one of those professions. Yesterday, Officer Stalker made the ultimate sacrifice.
The Department of Justice stands with the Toledo Police Department and offers our support during this difficult time. Tragically, this marks the second time in less than seven months that a member of the Toledo Police Department was killed in the line of duty as a result of firearms violence. Now, more than ever, and for the memory of Officer Stalker, let us show our support for the brave men and women in law enforcement who have chosen a profession that asks so much of them, their colleagues and their families.
Toledo is a safer community because of Officer Stalker and the nation mourns his loss.
Federal court restrains Toledo pharmacy and two pharmacists from dispensing opioids or other controlled substancesRead the Press Release
A federal court in Ohio issued a temporary restraining order enjoining a Toledo, Ohio, pharmacy and two of its pharmacists from dispensing opioids and other controlled substances, the Department of Justice announced today.
In a civil complaint filed Jan. 6, 2021, and unsealed Jan. 14, 2021, in the Northern District of Ohio, the United States alleges that Shaffer Pharmacy, its pharmacist owner Thomas Tadsen, and pharmacist Wilson Bunton repeatedly dispensed opioids and other controlled substances in violation of the Controlled Substances Act. The complaint alleges that over a period of several years, the defendants dispensed highly addictive and highly abused prescription opioids while ignoring “red flags” — that is, obvious indications of drug diversion and drug-seeking behavior. U.S. District Judge Jack Zouhary granted the government’s request for a temporary restraining order, which was filed along with the complaint.
“Federal law requires pharmacists to ensure that the controlled substance prescriptions they fill are medically legitimate,” said Acting Assistant Attorney General Jennifer B. Dickey of the Justice Department's Civil Division. “The Department of Justice will continue to work with DEA and our law enforcement partners to combat the opioid crisis by holding accountable pharmacies that abandon their obligations.”
“The illegal prescribing or dispensing of narcotics by medical personnel only serves to further worsen the opioid epidemic in northern Ohio and increase the number of overdose deaths in our community,” said Acting U.S. Attorney Bridget M. Brennan for the Northern District of Ohio. “Allegations of prescription misuse continue to be a priority for this office, and offenders should expect significant consequences.”
“Dispensing controlled substances is a privilege that requires abiding by the law,” said Drug Enforcement Administration (DEA) Special Agent in Charge Keith Martin. “DEA is committed to ensuring that those who have pledged to follow our nation’s drug laws are living up to that responsibility.”
“We continue to face an uphill battle against drug abuse and addiction, and it is unthinkable that a licensed provider would contribute to this growing epidemic,” said Special Agent in Charge Eric B. Smith of the FBI, Cleveland Division. “Restraining the ability of these defendants to continue filling prescriptions without medical necessity is a significant step. The FBI will continue efforts to identify and hold accountable any medical professional that violates their legal obligation to do no harm when they engage in criminal misconduct."
The complaint alleges that the defendants failed to take steps required to resolve red flags and ensure the legitimacy of prescriptions before filling them. According to court documents, the prescriptions dispensed by the defendants often involved highly abused opioid painkillers such as oxycodone, hydrocodone, oxymorphone, buprenorphine, and fentanyl, often in dangerous combination with other prescription drugs such as benzodiazepines (i.e., sedatives indicated for the treatment of anxiety, such as Xanax), and muscle relaxants (e.g., carisoprodol, also known by its brand name, Soma). The complaint seeks civil penalties as well as a permanent injunction against the defendants.
The claims made in the complaint are merely allegations that the United States must prove if the case proceeds to trial.
The United States is represented by Assistant U.S. Attorneys Patricia Fitzgerald and Angelita Cruz Bridges for the Northern District of Ohio, and Trial Attorneys Scott Dahlquist and Maryann McGuire of the Justice Department’s Consumer Protection Branch. This investigation is being conducted by the DEA, FBI, U.S. Department of Health and Human Services Office of Inspector General, the State of Ohio Board of Pharmacy, the Ohio Bureau of Workers’ Compensation, and the Ohio Attorney General’s Healthcare Fraud section.
Statement from outgoing U.S. Attorney Justin HerdmanRead the Press Release
My last day as United States Attorney coincides with a huge weekend for Ohio football. Once again, the Browns and Buckeyes will be going into matchups with heavily-favored opponents, at seemingly impossible odds to succeed. Once more, it feels like Ohio against the world. When I started this job in 2017, that feeling extended to the broader community, beyond sports, in our great state. Chinese fentanyl, brought to our doorsteps by Mexican cartels and peddled on our streets by gun-toting violent gangs, was killing thousands of Ohioans every year. Heartless healthcare professionals, who had abandoned their oaths for profit, were driving addiction and flooding our neighborhoods with prescription painkillers. Eastern European cybercriminals preyed on our senior citizens. Corrupt public officials traded votes for cash and, yes, carrot cake. White supremacists threatened our communities of faith and sought to incite a race war through their criminal actions. Terrorists plotted mass-casualty attacks. And sex traffickers moved human beings like cattle from abuser to abuser. But we have fought back. We have locked up drug dealers, taken guns off the street, broken up cybercrime rings, and put away terrorists. The bad guys are on the run and we will pursue them to the ends of the Earth.
Take heart Ohio. We may feel that the world is against us, but we’ve beat long odds before. When America needed to put a man on the moon, they called for an Ohioan. When any NBA team needs to win a championship, they call for an Ohioan. When a football team has needed to win a game, time and again throughout history, they have called on Ohioans. And when our communities need someone to slug it out with the bad guys, they will always be able to call upon the great Ohioans who make up the ranks of our law enforcement agencies.
This may be my last day as U.S. Attorney, but the men and women of this office are always on your side, Ohio.
Go Browns. Go Buckeyes.