Northern District of Ohio
Press releases recorded for this federal judicial district.
Homeworth man indicted for illegally buying and selling firearms without a licenseRead the Press Release
William Draher, 71, was indicted on one count of engaging in the business of selling firearms without a license between January 2013 and July 2018.
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 records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant U.S. Attorney David M. Toepfer.
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.
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Akron man sentenced to 70 months prison for eight robberiesRead the Press Release
Darrion Powers, 23, was sentenced for a series of eight robberies committed between December 2018 and February 2019. Judge Sara Lioi sentenced Powers to 70 months in prison and ordered him to pay $4,279 in restitution. After his release from prison, Powers will serve three years of supervised release. Powers had previously pled guilty to each of the robberies.
As discussed during the sentencing hearing, Powers targeted six restaurants and two banks in Akron and Cuyahoga Falls over a period of approximately two months. In each case, Powers entered the business wearing a mask, brandished a knife, and demanded cash from the register or bank tellers’ drawer. In total, Powers stole $13,591.
Akron Police apprehended Powers as he returned to his home following the robbery of a PNC Bank on February 12, 2019. During a search of his vehicle, officers recovered over $9,000 cash stolen from PNC Bank, a knife, and clothing worn during several of the robberies. Powers admitted to investigators that he committed each of the crimes.
This case was investigated by the Akron Police, Cuyahoga Falls Police, and the FBI, and then prosecuted by Assistant U.S. Attorney Peter Daly.
Florida man convicted of fraudulently exploiting programs designed to protect service-disabled veteran-owned businesses and small disadvantaged businessesRead the Press Release
A federal jury in Cleveland convicted a Florida man of Major Fraud, Wire Fraud and Submitting False and Fictitious Claims after he engaged in six-year long scheme to defraud the government.
James Allen Clark, 62, is scheduled to be sentenced February 25, 2020.
According to court documents and trial testimony:
Federal departments and agencies, as directed by Congress, work with the Small Business Administration and the Department of Veteran’s Affairs to award portions of contracts to small businesses, with specific goals for small disadvantaged business, including service-disabled veteran-owned small businesses.
Businesses must register and meet a number of criteria to be classified as small disadvantaged business – also known as the 8(a) program -- such as being at least 51 percent owned and 100% controlled by socially and economically disadvantaged individuals. Businesses must also meet a number of criteria to be classified as a service-disabled veteran-owned small business, such as being at least 51 percent owned by a veteran with a service-connected disability who controls the management and daily operations of the company. Service-disabled veteran-owned small businesses are permitted to enter into joint ventures with other companies but must meet specific requirements to do so.
Clark, who is neither a service-disabled veteran nor a qualified 8(a) participant, and others engaged in several criminal schemes to submit false claims and defraud the United States by obtaining government contracts set aside for qualified companies to which they were otherwise ineligible to obtain by fraudulently using proxy and pass-through companies.
Clark and others made false statements, misrepresentations and omissions of facts to hide his role in providing bonding assistance and asserting control over businesses that certified to the VA and the SBA that they were either service-disabled veteran-owned or otherwise owned and controlled by socially and economically disadvantaged individuals. Clark then used these companies to obtain government contracts meant for legitimate companies and passed through up to 95% of the contract proceeds to his own unqualified company. As a result, companies legitimately run by service-disabled veterans or socially and economically disadvantaged people were underbid and deprived of contracts with the government.
Evidence showed that Clark obtained over $12 million in government contracts intended for service-disabled veterans and socially and economically disadvantaged individuals.
“As our nation recognizes the dedication and service of veterans, this jury’s verdict in this case is especially timely,” U.S. Attorney Justin Herdman said. “These programs were created to help those who defended our country and freedom, and suffered disabilities as a result of that service. Clark, who never served this country, took advantage of these programs to fraudulently obtain taxpayer money.”
Michael J. Missal, Inspector General for the U.S. Department of Veterans Affairs, said: “We are pleased that this joint investigation resulted in convictions against those who abused federal government contracting set-asides for service-disabled veterans. The VA OIG will vigorously pursue those who wrongfully and fraudulently exploit the integrity of this program.”
“I applaud the excellent work of the entire investigative team,” said NASA Inspector General Paul K. Martin. “Their commitment to protecting the integrity of the Federal procurement process will deter future misuse of taxpayer dollars.”
“Enola Contracting Services and Mr. Clark defrauded the U.S. Marine Corps and jeopardized the integrity of the Department of the Navy procurement process by engaging in a scheme to obtain contracts intentionally set aside for small businesses,” said Matthew Lascell, Special Agent in Charge of the NCIS Southeast Field Office. “NCIS will continue to work collaboratively with our Federal law enforcement partners to combat corruption, financial fraud, and product substitution that threaten Navy and Marine Corps readiness.”
"The conviction secured in this trial is the direct result of a joint investigative effort to protect the integrity of the U.S. Government's procurement process," stated Leigh-Alistair Barzey, Special Agent in Charge of the Defense Criminal Investigative Service's (DCIS), Northeast Field Office. "DCIS will continue to work with its law enforcement partners and the U.S. Attorney's Office, Northern District of Ohio, to ensure that companies and individuals do not engage in fraudulent activity when they contract with the U.S. Department of Defense."
"OIG is committed to bringing to justice those that commit fraud to gain or extend access to SBA’s set-aside contracting programs,” said SBA Inspector General Hannibal “Mike” Ware. “It is paramount that those responsible for committing fraud are held accountable for their wrongdoing to ensure the integrity of these programs. I want to thank the U.S. Attorney’s office and our law enforcement partners for their support and dedication to pursuing justice in this case.”
“The Air Force Office of Special Investigations, along with our investigative and prosecutorial partners, stand firm in defense of our U.S. Air Force, said Special Agent in Charge Wendell W. Palmer of Air Force Office of Special Investigations Procurement Fraud Detachment 5, Dobbins Air Reserve Base, Georgia. “We will aggressively seek out and prosecute to the fullest extent of the law, those who would fraudulently victimize our ability to protect and defend the United States and our citizens.”
This case was investigated by National Aeronautics and Space Administration -- Office of Inspector General, the Defense Criminal Investigative Service, Naval Criminal Investigative Service, Department of Veterans Affairs -- Office of Inspector General, Small Business Administration -- Office of Inspector General, Defense Contract Audit Agency and the Air Force Office of Special Investigations. It is being prosecuted by Assistant U.S. Attorneys Alejandro A. Abreu, Om M. Kakani, and Brian McDonough.
Cleveland postal employee sentenced to nearly five years for theft of mail and access device fraudRead the Press Release
Jennifer Riccardi, 46, a former U.S. Postal Service employee who worked at the main mail processing center in Cleveland, was sentenced for her role in a scheme to steal from the U.S. mail and commit access device fraud. Judge John R. Adams sentenced Riccardi to 56 months of incarceration, three years of supervised release, and $89,102 in restitution. Her co-defendant and live-in boyfriend, Joseph Dennis, has already pleaded guilty for his role in this scheme and will be sentenced on January 21, 2020.
U.S. Attorney Justin Herdman said: “This defendant is accused of stealing more than a thousand gift cards worth tens thousands of dollars, including birthday presents or other gifts people entrusted to the postal service for delivery to their family and loved ones. As we approach the holiday season, it is important to remind anyone who is thinking of stealing from the mail that they will be held accountable for their actions, just like any other criminal.”
U.S. Postal Service Office of Inspector General Special Agent in Charge Kenneth F. Cleevely, Eastern Area Field Office, stated: “The vast majority of the 500,000 postal employees nationwide are hard-working, trust worthy individuals. However, when one of those employees choose to violate that trust and steal from the mail for personal gain, special agents with the USPS OIG will vigorously investigate and pursue federal prosecution when appropriate. When postal employees choose to steal from the mail, they risk their career, benefits, retirement, and possibly their freedom. To report theft of mail, or other postal employee crimes, contact special agents at www.uspsoig.gov or 888-USPS-OIG.”
In one night alone, Riccardi stole more than 100 apparent greeting cards. Among the stolen mail that was opened was a card from a mother to her daughter signed “Love you! Mom” and a card from an uncle and aunt wishing a “Happy 1st Birthday.”
According to the indictment:
Riccardi worked at the USPS Processing and Distribution Center at 2400 Orange Avenue in Cleveland. She stole cards, letters and other pieces of mail she believed contained gift cards, focusing primarily on brightly covered envelopes that appeared to contain greeting cards.
Riccardi concealed the mail she took from the mail stream in bags, her lunch box and other means. She transported the stolen mail to the residence she shared with Dennis during her mid-shift break or at the end of her shift.
Dennis and Riccardi sold at least 41 stolen gift cards and used stolen gift cards for purchases from Amazon, Kohl’s, Starbucks and other locations.
On December 11, 2017, Dennis and Riccardi possessed at their residence at least 108 pieces of stolen mail, $42,000 in cash, an automatic currency counter and 1,505 stolen gifts cards from approximately 230 merchants or vendors. Of those, 1,322 of the gift cards bore face values, which totaled approximately $47,000.
The conspiracy took place between December 2016 and December 11, 2017.
This case was investigated by the U.S. Postal Service – Office of Inspector General, with assistance from the U.S. Postal Inspection Service and the Cleveland Division of Police, and prosecuted by Assistant U.S. Attorneys Elliot Morrison and James Lewis.
Ohio Man Pleads Guilty to Plotting July 4th Attack in Cleveland as Part of Plot to Provide Support to Al QaedaRead the Press Release
A Maple Heights man pleaded guilty to crimes related to his plot to launch a terrorist attack in Cleveland on Independence Day. The announcement was made by Assistant Attorney General of National Security John C. Demers, U.S. Attorney Justin Herdman for the Northern District of Ohio, and Special Agent in Charge Eric B. Smith for the FBI Cleveland Field Office.
Demetrius Nathaniel Pitts, aka Abdur Raheem Rafeeq, aka Salah ad-Deen Osama Waleed, 50, pleaded guilty to attempting to provide material support to a foreign terrorist organization, threats against the President of the United States and threats against family members of the President of the United States.
According to an affidavit filed in the case, between 2015 and 2017, Pitts expressed anti-American sentiments and expressed a desire to recruit people to kill Americans. The defendant expressed a desire to meet with an al Qaeda “brother” and in June he was introduced to an FBI employee acting in an undercover capacity (UCE), who Pitts believed was such a “brother.”
Pitts and the UCE met in Walton Hills, Ohio, in 2018, where they discussed launching an attack for al Qaeda during the July 4th holiday.
Pitts said: “I’m trying to figure out something that would shake them up on the 4th of July.” He later stated: “What would hit them at their core? Blow up in the, have a bomb blow up in the 4th of July parade.”
Pitts searched Google for a map of downtown Cleveland. After learning the fireworks would be launched from Voinovich Park, Pitts said: “Oh there you go. Oh yeah.” He was also pleased the park was near the U.S. Coast Guard station, the Army Corps of Engineers, and the Celebrezze Federal Building.
The meeting concluded with Pitts indicating to the UCE that he would travel to downtown Cleveland soon to take photographs and videotape footage as part of surveillance efforts of Voinovich Park and the U.S. Coast Guard station. He also expressed a desire to take a tour of the U.S. Coast Guard station to gain as much information as he could about the layout of the facility.
On June 25, Pitts met with an FBI confidential human source (CHS) in Maple Heights, Ohio, for to retrieve items used to conduct surveillance for the July 4th attack.
On June 26, Pitts contacted the UCE via text message and relayed that he had completed the reconnaissance of the designated spots in downtown Cleveland and that he desired to “destroy the government.”
Pitts also indicated he intended to travel to Philadelphia, since Philadelphia is his hometown and he knows it best. Pitts indicated it was his “job” to “go look at the base of the ground” and that it was up to other “brothers” to complete other parts of the job.
On June 27, Pitts met with the CHS and turned over the phone that contained the reconnaissance photos and videos, so they could be provided to the al Qaeda brothers.
Later on June 27, Pitts and the UCE met in Maple Heights then drove to downtown Cleveland, where they discussed the impending July 4th bombing.
“And I’m gonna be downtown when the – when the thing go off. I’m gonna be somewhere cuz I wanna see it go off,” Pitts said.
A search of the phone that Pitts provided to the CHS revealed that he made two videos in which he pledged allegiance. He stated, in part: “We serve Allah . . . We fight our enemies. We destroy them and destroy those who try to oppose…”
The phone also had four videos taken by Pitts that show him walking down East 9th Street in Cleveland, pointing out potential targets such as the federal building, the Coast Guard station and St. John’s Cathedral, which he said could be taken “off the map.”
On July 1, Pitts met with the UCE in Garfield Heights, Ohio, for Pitts to explain his plan for Philadelphia. Pitts said he planned to travel there to conduct reconnaissance for a future attack in Philadelphia. Pitts stated a truck bomb packed with explosives, such as the one used in Oklahoma City, Oklahoma, would be the best way to cause maximum damage.
Pitts was reminded by the UCE that people would die and body parts would by flying around. Pitts responded “I don’t care” and that he had “no regrets,” would be able to “go to sleep” and “I don’t give a (expletive).”
Pitts also pleaded guilty today to threatening to kill the President of the United States and his immediate family members, namely his daughter and son-in-law.
Pitts is scheduled to be sentenced on Feb. 11, 2020. Under the terms of his guilty plea, Pitts is likely to be sentenced to 14 years in prison followed by a lifetime of supervised release.
The FBI-Cleveland Division’s Joint Terrorism Task investigated the case, which is being prosecuted by Assistant U.S. Attorneys Michelle Baeppler and Jerry Teresinski of the Northern District of Ohio, and Trial Attorney Paul Casey of the National Security Division’s Counterterrorism Section.
Cleveland man charged in federal court after allegedly shooting at agentsRead the Press Release
A Cleveland man was charged in federal court after allegedly firing at federal agents.
Reuben Rankin, 34, was charged with one count of assault on a federal officer with a deadly weapon, one count of being a felon in possession of a firearm and one count of use of a firearm in relation to a crime of violence.
According to a criminal complaint filed in U.S. District Court:
Homeland Security Investigations approached a house on Dove Avenue in Cleveland on October 30 to execute a search warrant. Agents observed six shots fired from a 2011 Mercedes-Benz and an HSI agent returned fire. Rankin exited the vehicle and was arrested.
Law enforcement officials recovered a Kahr .45-caliber handgun and six spent shell casings from the vehicle.
Rank was previously convicted of witness intimidation, domestic violence, burglary, aggravated assault and abduction, according to the affidavit.
“This defendant is alleged to have shot at federal and local law enforcement during the execution of a search warrant,” U.S. Attorney Justin Herdman said. “We are grateful that no law enforcement officer was injured, and we stand by this very simple point – if you shoot at law enforcement investigating federal crimes, you can expect swift and severe charges in federal court.”
“The attempted shooting of HSI special agents is a stark reminder of the dangers associated with serving in law enforcement today,” said Vance Callender, HSI special agent in charge for Michigan and Ohio. “My agents rightfully defended themselves, protecting their fellow officers and the citizenry. There were several actions the agents took which demonstrated their bravery in the face of imminent danger. I am proud and honored to work with some of the finest special agents in the country.”
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.
Homeland Security Investigations investigated the case, which is being prosecuted by Assistant U.S. Attorney Ranya Elzein.
A charge is only an allegation 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.
Westlake man sentenced to nearly five years in prison for his role in a conspiracy to defraud the Cleveland Clinic out of $2.7 millionRead the Press Release
A Westlake man was sentenced to nearly five years in prison for his role in a conspiracy to defraud the Cleveland Clinic out more than $2.7 million.
Wisam Rizk was sentenced to 58 months in prison and ordered to pay $2.7 million in restitution. Rizk previously pleaded guilty to conspiracy to commit wire fraud and honest services fraud and related charges. Rizk will be deported upon completion of his sentence
Rizk worked as Chief Technology Officer at Interactive Visual Health Records, a company formed by Cleveland Clinic Innovations to develop a visual medical charting concept of certain Clinic physicians into a functioning, marketable product, according to the indictment.
Rizk was hired at IVHR by Gary Fingerhut, the former executive director at Cleveland Clinic Innovations. Fingerhut previously pleaded guilty to his role in the conspiracy and was sentenced to 30 months in federal prison.
Rizk and Fingerhut, as a condition of their employment, were prohibited from receiving any financial benefit or having any personal or familial financial interests in companies the Clinic did business with, unless they were expressly disclosed to, and approved by, the Clinic.
Rizk and others caused to be incorporated a shell company known as iStarFZE LLC (ISTAR) that did not actually perform or provide any goods or services. It was established in the name of a nominee owner. Rizk caused ISTAR to establish a web site and email addresses and a mailing address in New York City to create the false impression it was an operational business, according to the indictment.
Rizk caused ISTAR to submit a bid to the Clinic to develop and design IVHR’s software and to increase the price the Clinic paid for the software design and development, all without disclosing his financial interest in ISTAR, according to the indictment.
Rizk periodically paid Fingerhut a “referral” or “commission” fee in return for Fingerhut not disclosing the fraud scheme, according to the indictment.
This case is being prosecuted by Assistant U.S. Attorney Rebecca Lutzko following an investigation by the Federal Bureau of Investigation.
The U.S. Attorney’s Office for the Northern District of Ohio filed a record number of violent crime indictments in Fiscal Year 2019 as part of a strategy to help drive down homicides and fatal overdosesRead the Press Release
The U.S. Attorney’s Office for the Northern District of Ohio filed a record number of violent crime indictments in Fiscal Year 2019 as part of a strategy to help drive down homicides and fatal overdoses.
The office indicted 1,061 people in FY 2019.
That includes 308 people indicted for violent crime offenses, the highest number in the office’s records, which date back to 2004.
It also includes 456 people indicted for drug offenses – the highest number since 2005 and nearly double the amount of people indicted in just two years ago.
“The revitalized Project Safe Neighborhoods program is a major success,” said Attorney General William P. Barr. “It packs a powerful punch by combining advanced data with local leadership, further reducing violence in communities across the country and improving overall public safety. U.S. Attorneys continue to focus their enforcement efforts against the most violent criminals and work in partnership with federal, state, local, and tribal police. The Justice Department’s relationships across the board have never been stronger.”
“Our office is proud to demonstrate that we are doing what is necessary to help reduce violent crime in Northern Ohio,” U.S. Attorney Justin Herdman said. “Thanks to the incredible work of our law enforcement partners, we are able to hold accountable people who point a loaded gun at someone while robbing them, sell the fentanyl and other drugs killing our neighbors, illegally have firearms after a criminal conviction, or any of the other types of crimes we handle in federal court.”
According to FBI’s Uniform Crime Report released this week, the violent crime rate decreased nationally for the second consecutive year, down 3.9 percent from the 2017 numbers.
In Toledo, homicides are down 19 percent over this time last year. Homicides in Cleveland are down nearly 10 percent over the same period last year. Homicides are down slightly in Akron and Mansfield and are flat in Canton.
The Department of Justice in 2017 reinvigorated its nationwide violent crime reduction program, Project Safe Neighborhoods (PSN). Drawing from academic research and decades of experience, the program is based on the fundamental principle that law enforcement agencies and communities must work together to address violent crime to make our neighborhoods safer.
PSN is an evidence-based violent crime reduction program that takes a collaborative approach to public safety. It leverages law enforcement and community partnerships, along with strategic enforcement efforts, to focus on the most violent criminals in the most violent locations.
Independent academic research found that PSN successfully reduced violent crime by an average of 4–20 percent, with reductions as high as 42 percent in certain locations. In 2017, the Department enhanced its PSN program, emphasizing data-driven strategies that focus on the most violent offenders, new technologies, and above all, partnerships with a wide range of stakeholders in local communities. With these changes, the program will be more effective than ever to help make America safer.
PSN brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them.
The foundations of the PSN strategy are:
- Community-Based –Each local program is contoured to fit the specific violent crime problem in that district.
- Targeted – Utilizes law enforcement and community intelligence, along with cutting-edge technology, to identify and target the most violent offenders for enforcement action.
- Comprehensive – Directs United States Attorneys to marry enforcement efforts with support of prevention and reentry strategies to truly combat violent crime in a lasting way.
In the Northern District of Ohio, U.S. Attorney Herdman worked with local police, community partners, federal agencies and other partners to identify violent crime and narcotics trafficking as two of the most pressing threats to public safety. He established a Violent Crime Unit in the office and began working with others to implement strategies designed to identify, disrupt and prosecute those responsible for the firearms violence in Northern Ohio, as well as the drug traffickers and distributors who have played a role in the record number of overdose deaths in Ohio over the past several years.
He also took steps to strengthen existing partnerships and build new ones in an effort to prevent future generations from being drawn into a life of crime and/or addiction. We office also continues to work in partnership with others to implement comprehensive reentry strategies, so people returning home from prison are equipped with the tools to lead productive lives moving forward.
The impact of these strategies can be seen in both the number and types of cases the office has prosecuted in recent years.
Notable programs and cases related to PSN include:
Commercial Robberies
U.S. v. Ford and Rogers: A federal jury convicted two Cleveland men of brandishing firearms while robbing MetroPCS stores last year and shooting at an off-duty Cleveland police officer. Shawn Ford, 20, and Charles Rogers, 24, were each convicted on multiple counts of Hobbs Act robbery and using firearms during a crime of violence. They are scheduled to be sentenced October 9. Ford and Rogers robbed the MetroPCS story at 10959 Kinsman Road on March 21, 2018, at 11100 Lorain Ave. on March 25, 2018, and at 5853 Broadway Ave., on March 27, 2018, and attempted to the rob the store at 14701 Kinsman Road, also on March 27, 2018. Ford and Rogers fled from the store on Broadway after taking more than $1,000 from the register. An off-duty Cleveland police officer, who was a customer in the store, followed them out of the store. He identified himself as a police officer and ordered them to stop. One of the suspects began shooting at the officer and spent 9 mm shell casings were recovered nearby. About 30 minutes later, an officer saw a vehicle that matched the description of the car the suspects got into after shooting at the officer. The car was pulled over with Ford and Rogers inside. Inside the car was a spent 9 mm round, blue latex gloves and clothing that matched clothing worn by suspects in other MetroPCS robberies. Rogers was wearing an electronic monitoring device with GPS capabilities on March 21, the date of the first MetroPCS robbery. The GPS placed Rogers in the vicinity of the Kinsman Road store a few minutes before the robbery. Sometime later the GPS device was tampered with or taken off Rogers, according to court documents.
U.S. v. Griffin: An Akron man was sentenced to 12 years in prison for the armed robbery of a Dollar General. Deonte Griffin, 29, previously pleaded guilty to Hobbs Act robbery, use of a firearm in relation to a crime of violence and being a felon in possession of a firearm. Griffin used a firearm to rob the Dollar General at 901 Copley Road in Akron on August 30, 2017. He possessed a .25-caliber pistol and ammunition despite a previous conviction for aggravated robbery which made it illegal for him to have a firearm, according to court documents.
U.S. v Liberty and Begin: A Northeast Ohio couple was sentenced to prison for 16 armed robberies or attempted robberies to fund their drug habit. Casey Layne Liberty, 31, of Amherst, and Daniel T. Begin, 33, of Cleveland, were both sentenced to 71 months on prison. Both were ordered to pay $6,598 in restitution. The pair previously pleaded guilty to conspiracy to commit bank robbery, bank robbery, conspiracy to commit Hobbs Act robbery and Hobbs Act robbery.
U.S. v. McKissack: A Maple Heights woman was sentenced to more than nine years in prison for robbing the same consignment store on Chagrin Boulevard on consecutive days, including using a firearm in the second robbery. Rachellette McKissack, 26, was sentenced to 114 months in federal prison. She previously pleaded guilty to two counts of Hobbs Act robbery and one count of using a firearm during a crime of violence. McKissack robbed the Cleveland Consignment Shoppe at 28790 Chagin Blvd. in Woodmere on November 15, 2018. McKissack again robbed the Cleveland Consignment Shoppe on November 16, 2018, this time using a firearm during the robbery, according to court documents.
Domestic Abusers with Firearms: The office has filed approximately 40 indictments related to people having firearms after having been convicted of domestic violence. Previously, the office averaged between four and six of these cases a year
U.S. v. Kraemer: A North Canton man was indicted for lying about numerous previous domestic violence convictions while purchasing firearms and for illegally having firearms after being convicted of domestic violence. Kraemer, twice in 2018, made false statements while purchasing firearms from Fin, Feather and Fur in Canton. He provided a false address and indicated he had not been convicted of the misdemeanor crime of domestic violence when, in fact, he had been convicted of domestic violence three times, according to the indictment. Kraemer possessed a Stoeger 12-gauge shotgun, a Taurus 9 mm pistol and a Ruger .380-caliber pistol, according to the indictment.
U.S. v. Hych: A Cleveland man twice convicted of domestic violence was indicted for having a gun. Joshua Hych, 24, was indicted in federal court on one count of possession of a firearm after misdemeanor crime of domestic violence. Hych on Sept. 26 possessed a Taurus 9mm handgun, despite convictions for domestic violence in 2012 and 2015 Parma Municipal Court.
Firearms Trafficking and Robberies
U.S. v. Clark et. al.: Five Canton men were indicted for allegedly stealing dozens of guns from a firearms store in Canton in February. Four of the defendants were also indicted on charges of conspiring to steal firearms from another Canton firearms store. Robert Clark, Jr., 18, Marquelis Thomas, 21, Shymeik Barkley, 18, God Gibson, 18, and Jamaryon Frazier, 18, were each indicted on one count of theft of firearms from a licensed firearms dealer. Clark, Thomas, Gibson and Frazier are also indicted on one count of conspiracy to commit theft of firearms from a licensed firearms dealer. The five men are accused of stealing 22 firearms from Elite Security Consultants LLC on February 2, 2019. Clark, Thomas, Gibson and Frazier are also accused of conspiring to steal firearms from Stark Arms on February 2, 2019. The men parked at Stark Arms, on Cleveland Avenue S.W., wearing gloves and covering their faces and attempted to gain entry by throwing a heavy metal object at the business’s window, according to the indictment.
U.S. v. Riley: Emmanuel Riley, 27, and Sevario Whitaker, 36, were each charged with theft from a federal firearms licensee and possession of a stolen firearm after allegedly stealing dozens of guns from a firearms store in Oregon, Ohio. A federal firearms licensee doing business as Towers Armory was burglarized on November 19, 2018. Approximately 46 firearms, six suppressors and four gun bags were missing from the store. Video surveillance from the store showed two men entered the store at approximately 3:24 a.m. after gaining access through the ventilation system on the roof and began removing firearms. They returned to the store several times in the early morning hours and continued removing firearms. Investigators obtained additional footage from a nearby business that showed the two men entered a Toyota Camry and drove away. A Toledo police detective recognized the vehicle as one that was used by Riley. The vehicle was towed from Riley’s mother’s house and Oregon police executed a state search warrant. Inside the vehicle they recovered gloves, a hat, a face mask and Friday the 13th-style mask consistent with what the burglars on the store surveillance footage were wearing. Whitaker was arrested on an outstanding warrant and also found to be wearing a sweatshirt consistent with what one of the burglars was wearing. A search of cell tower records indicates both Riley and Whitaker’s phones connected with a cell tower within one mile of the firearms store around the time of the burglary.
Targeted Enforcement
Operation We R CLE: The office was among several local, state and federal partners that participated in “Operation We R CLE.” The operation took place from April 23 through June 29 of 2018 and netted nearly 400 felony arrests, 66 recovered firearms, numerous narcotics seizures and over $300,000 in U.S. currency. Homicides in Cleveland dropped dramatically in May 2018.
Operation RAVEN: Operation Repeat and Violent Offender Enforcement pairs Cleveland Police with members of the FBI, Ohio Adult Parole Authority and others to identity career criminals. This year is has resulted in more than 130 felony arrests and more than 80 weapons seized. Fifteen of those have been accepted for federal prosecution.
Straw Purchasers
U.S. v. Ligon: Marshyia S. Ligon, 20, of Cleveland, was indicted on one count of making a false statement in the acquisition of a firearm for making a straw purchase from a gun store in Eastlake of a rifle that was later used in the attempted robbery of a credit union. Ligon made false statements on Oct. 4, 2017 when she purchased a Smith & Wesson M&P 15, 556 caliber rifle bearing the serial number TH11301 from Sherwin Shooting Sports, 33140 Vine Street in Eastlake. Ligon falsely stated she was the actual buyer of the rifle when, in fact, she was not the actual buyer of the firearms, according to the indictment. The firearm was recovered one week later at the Willoughby Eastlake Schools Credit Union, where it was used in an attempt to rob the credit union.
U.S. v. Spencer: Tyla Spencer, 22, of Cleveland, was sentenced to three months in prison A Cleveland woman was sentenced to three months in prison for making a straw purchase of two firearms that were purchased with money from a robbery and used in additional violent crimes. Spencer went on January 2, 2018, to the Cleveland Armory in Valley View with Lashawn Davis and a juvenile. Spencer bought them a Glock 9 mm and Glock .40-caliber handgun with cash that Davis and the juvenile got from robbing a check-cashing store in Cleveland the day before. Spencer falsely stated she was the true buyer of the firearms when, in fact, she was purchasing the firearms on behalf of the males. Davis and the juvenile then used the firearms in a bank robbery and carjacking in February, according to court documents and statements in court.
U.S. v. Derubba: Two people from Warren were named in a nine-count federal indictment for their roles in the straw purchase of firearms. Constance Derubba, 76, and Allen Reynolds, Jr., 35, were each indicted on four counts of making false statements during the purchase of a firearm. Reynolds also faces five additional counts of being a felon in possession of a firearm. On four different occasions, Derubba knowingly made false and fictitious statements in relation to the purchase of firearms. She was counseled, aided and abetted by Reynolds in these purchases. She falsely stated she was the purchaser of the firearm when, in fact, she was purchasing the firearms for Reynolds, according to the indictment. Reynolds at various points possessed a Smith & Wesson 5.56-caliber rifle, a Glock .40-caliber pistol, another Glock .40-caliber pistol, a North American Arms .22-caliber revolver, and another Smith & Wesson 5.56-caliber rifle, despite a previous conviction for possession of cocaine, according to the indictment.
Carjackings
U.S. v. Coats: Cody M. Coats, 25, of Cleveland, was sentenced to 16 years in for firing a shotgun during a carjacking in Euclid. Coats used an Ithaca short-barreled shotgun when he carjacked someone and stole their 2005 Chrysler Crossfire outside a Euclid bar on Aug. 14, 2017. He crashed the car on East 222nd Street near Lakeshore Boulevard following a police chase and was arrested, according to court documents.
U.S. v. Mack: An Elyria man who stabbed a woman during a carjacking was sentenced to 10 years in federal prison. Johnny G. Mack III, 39, previously pleaded guilty to carjacking. Mack forced a woman out of her 2016 Nissan Altima while she was at a gas station on December 12, 2018. He pulled a knife and threatened to stab the driver as he pushed her into her car. Mack stabbed the victim, causing small puncture wounds to her legs, stomach and hands, according to court documents.
U.S. v. Davis: Lashawn Davis, 18, of East Cleveland, was indicted for a carjacking in Cleveland Heights and an armed bank robbery in Richmond Heights. Davis brandished a firearm on Feb. 4 when he took a 2016 Hyundai Elantra from someone on Coventry Road in Cleveland Heights. He also brandished a firearm on Feb. 17 when he robbed the Dollar Bank on Wilson Mills Road in Richmond Heights, according to the indictment.
Narcotics Trafficking
U.S. v Blackshaw: Five people were charged in federal court after they were arrested with nearly 20 pounds of cocaine, fentanyl and approximately $1 million. Kenneth Blackshaw, 53, of Cleveland; Jorge Alberto Barrera, 43, of Mexico; Jorge Alberto Barrera Gutierrez Jr., 24, of Fresno, California; Miguel Angel Marquez, 44, of Fresno, California, and Donald Earl Knighten 43, of Bedford, were each charged in federal court with conspiracy to possess with intent to distribute narcotics. Blackshaw, Barrera, Gutierrez, Marquez and Knighten were arrested on June 15 at 1538 Addison Road in Cleveland. DEA agents searched the house and found nine individually wrapped bundles of cocaine, as well as 32 bundles of cash. A second search warrant was served at Blackshaw’s home on East 85th Street with nearly 200 grams of suspected fentanyl and approximately 595 grams of marijuana recovered.
U.S. v. Wells: Twenty people were indicted in federal court for their roles in a conspiracy to obtain large amounts of heroin, fentanyl and fentanyl analogues and sell the drugs to customers on the west side of Cleveland. Named in the 27-count indictment are: Alquin Wells, 37, of Sheffield Lake; Ronelle Davis, 28, of Sheffield Lake; Malcolm Collins, 46; Travon Gales, 24, of Maple Heights; Ronnie Edgell, 54; Lashaun Moncrief, 36; Matthew Kucera, 46; Amber Moore, 35, of Parma; Gloria Hrdy, 29; Patricia Truman, 28; Molly Medlik, 24; Cody Ray Lee, 25; Lisa Goforth, 27; Shaunna Collier, 23; Virginia May, 37; Tamie Seitz, 49; John Dickson, 39, of Brunswick; Elizabeth Gallagher, 30; Bobbi Boylan, 34, and Imani Nicholson, 23, of Sheffield Village. All are from Cleveland unless otherwise noted. All 20 are indicted on one count of conspiracy to distribute and possess with intent to distribute heroin, fentanyl and fentanyl analogues.
U.S. v. Sanders: Six Akron men were sentenced to federal prison for their roles in a conspiracy to bring more than 200 pounds of methamphetamine from California and sell it in the Akron area. Ugunda Sanders, 46, was convicted following trial and was sentenced more than 15 years in prison. Rashaad M. Thomas, 41, was sentenced to more than 14 years in prison. Michael E. Davis, 49; was sentenced to more than 10 years in prison. James E. Sanders, 52, was sentenced to 10 years in prison; Christopher J. Proctor, 51, was sentenced to more than three years in prison and Reuben Simmons, 32, was sentenced to less than three years in prison. All five previously pleaded guilty to their crimes related to methamphetamine distribution. Members of the conspiracy traveled between Cleveland and Los Angeles to obtain large amounts of methamphetamine, which they distributed in the Akron area, according to court documents.
U.S. v. McBeth: Three men from Northwest Ohio were indicted on drug conspiracy charges stemming from an investigation that resulted in the seizure of more than four pounds of cocaine, 20 firearms, three vehicles and more than $1.8 million in cash. Brooke McBeth, 39, Montrel Jackson, 34, both of Toledo, and Tyson Reed, 43, of Fostoria, were each indicted on one count of conspiracy to possess with intent to distribute cocaine.
Firearms in Furtherance of Drug Trafficking
U.S. v. Stewart: Two men with prior homicide convictions were sentenced to prison for firearms and drug trafficking charges crimes. Maurice A. Stewart, 42, was sentenced to more than 18 years in prison. A jury previously convicted him of drug trafficking, possession of a firearm in furtherance of a drug trafficking and being a felon in possession of firearms. William W. Moore, 38, was sentenced to 63 months in prison. He previously pleaded guilty to drug and firearms charges. A third man, Jason E. Cousins, 47, was sentenced to 73 months in prison. Cousins was found guilty of a firearm offense following a trial. According to court documents and evidence presented in court: U.S. Marshals were searching for Moore, who was wanted on drug and firearms warrants out of West Virginia, when they tracked him to a home in Canton. A search of the home resulted in the recovery of nearly eight pounds of methamphetamine, cocaine, crack cocaine, $10,904 in cash, two loaded handguns, a Mossberg 12 gauge shotgun, an AR-15 rifle and body armor. The evidence at trial connected all three men to items recovered at the residence. Moore was prohibited from possessing a firearm because of a previous conviction for murder. Stewart was prohibited from possessing a firearm because of a previous conviction involuntary manslaughter. Cousins was prohibited from possessing a firearm because of previous convictions for possession of cocaine and carrying a concealed weapon.
U.S. v. Hall: Two Cleveland men with a history of using firearms to commit crimes were indicted in federal court for their roles in a conspiracy to traffic fentanyl, heroin, cocaine and other drugs, as well as additional firearms crimes. Clayton Hall, 39, and Gregory D. Franklin, II, 42, were each indicted on one count of conspiracy to possess with intent to distribute controlled substances, and additional drug charges. Franklin is additionally charges with possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm and ammunition. Hall and Franklin conspired together between February 2019 and April 30, 2019 to distribute 100 grams or more of a mixture of heroin and fentanyl analogues, as well as 500 grams or more of cocaine. Hall possessed with intent to distribute fentanyl, heroin, cocaine and crack cocaine at various times in 2018 and 2019. Franklin possessed with intent to distribute fentanyl analogues and cocaine on April 30, 2019. He also possessed a Taurus 9 mm semi-automatic pistol and 21 rounds of 9 mm that he used as part of his drug trafficking and despite a previous conviction for drug trafficking with a firearms specification, according to the indictment. Hall was previously convicted of kidnapping with a firearm and aggravated burglary with a firearm, according to the indictment.
U.S. v. Martin: A Cleveland man was sentenced to 30 years in prison for using a firearm while trafficking fentanyl, heroin and cocaine. Kernice Martin, 42, was sentenced to 360 months in federal prison. A jury found Martin guilty in April of four charges: possession with intent to distribute heroin and fentanyl; possession with intent to distribute cocaine; possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm and ammunition. Martin was pulled over by Cleveland police for a traffic stop on June 15, 2018 and found to have 0.79 grams of a mixture of fentanyl and heroin, 8.41 grams of cocaine, a Taurus .40-caliber handgun and ammunition. Martin was prohibited from possessing firearms because of three previous convictions for drug trafficking and one previous conviction for drug possession, according to court documents.
Building Capacity
Strike Force: The City of Cleveland this summer approved financing clearing the way to break ground shortly on a building to house the Cleveland Strike Force, which will bring together more than 200 local police, federal agents and prosecutors to work side-by-side to strengthen public safety. The strike force’s mission will be to disrupt and dismantle major criminal organizations and their subsidiaries trafficking narcotics, weapons, humans and the proceeds of their crimes. Cooperative investigations will be focused on dissolving these organizations, their financial infrastructure, and the violence that accompanies their activities.
Public Safety Partnership: Both Toledo and Cleveland have been selected to participate in the Justice Department’s National Public Safety Partnerships program. This Justice Department program is a three-year engagement that seeks to leverage department assets in support of a local jurisdictions' commitment to drive down violent crime. DOJ works collaboratively with the police departments to provide training and technical assistance in areas such as crime analytics, emerging technology and community engagement. Since 2017, the Justice Department has directed nearly $14.9 million in customized training and technical assistance to help build crime fighting capacity in PSP sites, including $6.6 million to support the FY 2019 sites through FY 2022. PSP seeks to bring law enforcement stakeholders together to work collaboratively in reducing violent crime attributed to felonious firearm use, drug trafficking and human trafficking.
Community Partnerships
STANCE: Stand Together Against Neighborhood Crime Everyday was established in 2006, after Cleveland was one of six cities across the nation selected as a pilot program for a comprehensive anti-gang initiative. It consists of more than 40 representatives, including public officials, community leaders, educators, public safety and law enforcement, juvenile justice officials and, foundations, faith-based organizations and members of the private sector. The program targets specific high-risk neighborhoods in Cleveland by focusing on prevention, enforcement and re-entry initiatives. Strategies include promoting community-wide solutions to preventing gang violence, helping ex-offenders transition into productive community members and creating partnerships among law enforcement and other agencies to implement data-driven strategies to investigate and prosecute violent gang activity. STANCE and the U.S. Attorney’s Office is working in greater collaboration with the City of Cleveland’s Office of Prevention, Intervention and Opportunity. The city will play an even greater role in prevention efforts with the installation of social workers at the city’s 22 recreation centers to identify children with signs of trauma and connect them to services.
Working with youth: Members of office volunteer at the Boys and Girls Clubs, coach the mock trial team at Martin Luther King High School, teach the 3Rs program in the Cleveland Municipal School District, are in the process of establishing a volunteering and mentoring program with John Adams High School, and many other volunteer activities.
- Community-Based –Each local program is contoured to fit the specific violent crime problem in that district.
Parma man indicted for robbing banks in Broadview Heights, Fairview Park and Bath TownshipRead the Press Release
A Parma man was indicted in federal court for allegedly robbing three banks.
Joseph Buk, 37, was indicted on three counts of bank robbery.
Buk allegedly robbed the Huntington Bank on Royalton Road in Broadview Heights on September 19, the Huntington Bank on Lorain Road in Fairview Park on September 24 and the Citizen’s Bank in Bath Township on September 27, according to the indictment.
If convicted, the defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ 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 FBI, Broadview Heights Police Department, Fairview Park Police Department and Bath Township Police Department investigated the case, which is being prosecuted by Assistant U.S. Attorneys Margaret Kane and Ranya Elzein.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Jury convicts South Carolina man of kidnapping woman after he sexually assaulted her in OhioRead the Press Release
A federal jury in Akron convicted a South Carolina man of kidnapping after he sexually assaulted a woman and held her against her will.
Anthony Ingram, 32, is scheduled to be sentenced February 27, 2019.
According to court documents and trial testimony:
Ingram drove a semi-trailer. In Michigan, Ingram lured the woman into his commercial semi-truck by offering her a ride to Indiana. Ingram instead began driving the woman in the opposite direction toward Maryland.
When the woman discovered that Ingram was not taking her to Indiana, Ingram promised the woman he would take her to Indiana after delivering a shipment of goods to Maryland. Ingram then pulled his semi-truck off to the side of the turnpike in Hudson, Ohio, and sexually assaulted her while threatening her with a weapon.
The woman convinced Ingram to stop at a truck stop in Lima, Ohio where she escaped from Ingram and called 911 from a restaurant. Beaver Township police officers responded to the scene and Ingram fled in his semi truck.
GPS records showed that Ingram stopped 15 miles down the road. FBI and Ohio State Highway investigators eventually found the woman’s clothing and cell phone discarded next to the turnpike at the location Ingram stopped.
“This case is an example of law enforcement working together to hold accountable a defendant who lured a woman with lies and then assaulted her and held her against her will,” U.S. Attorney Justin Herdman said. “This man is looking at decades in prison, which is exactly where he belongs.”
The FBI, Ohio State Highway Patrol, Pennsylvania State Highway Patrol and Beaver Township Police Department investigated the case, with assistance from the Summit County Prosecutor’s Office. It is being prosecuted by Assistant U.S. Attorney Peter Daly and Aaron Howell.
Campbell man indicted for failing to register as a sex offenderRead the Press Release
A Campbell man was indicted for allegedly failing to register as a sex offender.
Paul Douglas Scott, 53, knowingly failed to register and update a registration as required by the Sex Offender Registration and Notification Act and a sex offender by reason of a conviction in Pinellas County Florida, in December 1999, according to the indictment.
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 United States Marshall Service investigated the case, which is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Two men indicted on methamphetamine chargesRead the Press Release
An Ashtabula man was indicted on methamphetamine charges.
Dominic C. Landolfi, 37, was indicted on one count of possession with intent to distribute controlled substances. He possessed at least 50 grams of methamphetamine on September 5, 2018, with the purpose of distributing the drugs, according to the indictment.
In an otherwise unrelated case, a Colorado man was also indicted on methamphetamine charges.
Michael A. Pritchard, 45, of Peyton, Colorado, was indicted on one count of possession with intent to distribute controlled substances. He possessed at least 50 grams of methamphetamine on July 29, 2019, with the purpose of distributing the drugs, according to the indictment.
If convicted, the defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ 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 Drug Enforcement Administration investigated both cases, which are being prosecuted by Assistant U.S. Attorney Segev Phillips.
A superseding indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Twenty-two additional people indicted for conspiracy to traffic large amounts of heroin, cocaine and fentanyl in Toledo areaRead the Press Release
An additional 22 people, most from Toledo, were indicted for their roles in a conspiracy to traffic large amounts of heroin, cocaine and fentanyl in Northwest Ohio.
The 22 people indicted are charged in a superseding indictment unsealed today in U.S. District Court in Toledo. Nine people were previously indicted in May.
Named in the 82-count indictment are: Pedro Negrin, 60, Santino Montoya, 26, Aurelio Seoane-Armada, 60, Jamel Gaines, 31, Corey Goings, 48, Nathaniel Houle, Jr., 23, Korey Parker, 29, Esteban Camejo, 29, Matthew Dale, 30, Kevin Downer, Jr., 23, Emilio Garcia, 25, Roberto Gomez, 26, Jason Hill, 25, Stephon Holcomb, 35, Roy Jackson, Jr., 25, Kelley Lee, 47, Lynna Lopez, 32, Vicente Lopez, Jr., 29, Odell McGee, 35, Anthony McRae, Jr., 24, Todd Miller, 47, Jameer Pratt, 24, Monica Patrick, 28, and Tim Wyse, 56, all of Toledo; Francisco Cabrera-Hernandez, 35, of Casa Grande, Arizona; Luis Perez-Rodriguez, 32, of Phoenix; Keimond Brown, 37, of Maricopa, Arizona; Brittany Loya, 23, of Perrysburg, Ohio; Tony Nichols, 48, of Northwood, Ohio; Jennifer Thomas, 53, of Laveen, Arizona, and Shane Ybarra, Sr., 35, of Walbridge, Ohio.
All 31 defendants are charged with one count of conspiracy to possess with intent to distribute at least one kilogram of heroin, five kilograms of cocaine, 280 grams of crack cocaine and 400 grams of fentanyl.
Additional charges include being a felon in possession of a firearm, maintaining drug-involved premises, interstate travel and transportation in aid of racketeering enterprises, making false statements and use of a communications facility to facilitate a drug conspiracy.
According to the indictment:
Negrin allegedly obtained heroin, cocaine and fentanyl from various suppliers, including Hernandez and Rodriguez, in Mexico, Arizona, Florida and Michigan. Hernandez used motor vehicles with special secret “trap” compartments to transport the drugs from Arizona to Ohio.
Negrin then allegedly distributed the drugs to numerous other suppliers, including Montaya, Gaines, Camejo, Holcomb, Lee, Wyse and Ybarra. Those suppliers, in turn, distributed the narcotics to other drug dealers.
Members of the conspiracy used several different residences in the Toledo area to store, package and distribute the narcotics and subsequent cash.
Prosecutors are seeking to forfeit more than $400,000 in cash and several firearms seized as part of the investigation.
U.S. Attorney Justin Herdman said: “This group brought deadly fentanyl, heroin and cocaine to Toledo from Mexico and other states. Not surprisingly, firearms and large amounts of cash were seized as part of this investigation. We will use every tool available to us to prosecute those who import and sell the drugs killing our neighbors, and who illegally have firearms as part of their operation.”
“A multi-year, multi-agency investigation has resulted in the seizure of hundreds of thousands of dollars in cash, numerous weapons and large loads of dangerous, illegal drugs,” said FBI Special Agent in Charge Eric Smith. “This collaborative law enforcement effort has dismantled a large-scale drug trafficking organization that has brought danger to our community for years. These individuals will now face the justice system and be held accountable for their numerous crimes. Thanks to the community and our law enforcement partners -- a job well done.”
“Today’s operation is the culmination of a multi-year organized crime drug trafficking investigation by local, state, and federal law enforcement partners” said Toledo Police George Kral. “I am proud of all the detectives, deputies, and special agents involved in this investigation – especially members of the Toledo Metro Drug Task Force. It is because of their work the Negrin drug trafficking organization has been effectively dismantled.”
If convicted, the defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ 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 Federal Bureau of Investigation and Toledo Metro Drug Task Force investigated the case. It is being prosecuted by Assistant U.S. Attorneys Alissa M. Sterling and Matthew D. Simko.
A superseding indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Fulton County man indicted for allegedly attempting to coerce a 15-year-old girl into sexual activityRead the Press Release
A Fulton County man was indicted for allegedly attempting to coerce a 15-year-old girl into sexual conduct.
Kyle Brackman, 25, of Delta, Ohio, was indicted on one count of coercion and enticement of a minor.
According to court documents:
A high school principal in Iowa contacted local police in 2017 after learning a 15-year-old student was communicating with Brackman and the messages were sexual in nature.
Brackman sent the juvenile four images of his genitals and solicited a video from the girl, according to court documents.
Brackman was arrested on July 28, 2019 after officers responded to reports of a male making sexually suggestive remarks and gestures to a 10-year-old girl and a 13-year-old girl, according to court documents
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The Federal Bureau of Investigation investigated the case, which is being prosecuted by Assistant U.S. Attorney Tracey Ballard Tangeman.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
DEA will now accept vaping cartridges as the agency and partners hold National Prescription Drug Take Back Day on Saturday October 26Read the Press Release
The National Prescription Drug Take Back Day initiative continues to remove ever-higher amounts of opioids and other medicines from the nation’s homes, where they are vulnerable to misuse, theft or abuse by family members and visitors, including children and teens.
DEA and its national, tribal and community partners will hold National Prescription Drug Take Back Day across the country on Saturday, October 26. The service is free and anonymous.
Vaping cartridges will now be accepted as part of the event.
Now in its ninth year, DEA has collected a total of nearly 11 million pounds (more than 5,400 tons) of expired, unused and unwanted prescription medications through its Take Back Day events. During the April 2019 event, they collected nearly 940,000 pounds of prescription drugs -- more than twice the weight of the Statue of Liberty.
DEA and its community partners set up drop off sites across the nation where individuals turned in their unused, unneeded or expired prescription medications, as well as vaping cartridges. This weekend, approximately 6,000 collection sites manned by nearly 5,000 partner law enforcement agencies will be open 10 a.m. to 2 p.m. local time. The public can find a nearby collection site at www.DEATakeBack.com or by calling 800-882-9539. (DEA cannot accept liquids, needles or sharps.)
“I encourage everyone to go into their medicine cabinets this Saturday and safely dispose of their leftover pills and medication,” U.S. Attorney Justin Herdman said. “We know of far too many heartbreaking stories of addiction that begin with someone abusing or misusing prescription medication. Drug Take Back Day is a way for everyone to get involved in combating this drug epidemic that has devastated so many families here in Ohio.”
Rates of prescription drug abuse in the United States continue to be alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. The majority of prescription drug abusers say they get their drugs free from friends and family, including from the home medicine cabinet. Take Back Day is a unique opportunity for Americans to protect their homes and medicine cabinets from theft and abuse.
Akron man indicted on fentanyl and heroin chargesRead the Press Release
An Akron man was indicted today in federal court for dealing fentanyl and heroin.
Weston D. McDaniels, 34, was indicted on one count each of possession with intent to distribute fentanyl and of possession with intent to distribute heroin.
McDaniels possessed 300 grams or more of heroin and fentanyl on September 13 that was purchased in for distribution elsewhere, according to the indictment.
The Greater Akron Area Safe Streets Task Force, the Akron Police Department, Ohio State Highway Patrol and the Federal Bureau of Investigation investigated the case. It is being prosecuted by Assistant U.S. Attorney Damoun Delaviz.
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.
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.
Trumbull County man indicted for claiming he led charity that did not exist and soliciting gifts for service members that he kept for himselfRead the Press Release
A Hubbard man was indicted in federal court for allegedly falsely representing he was the leader of a military booster club that did not exist and soliciting gifts from businesses, some of which he kept for himself.
Timothy McKenna, 58, was indicted on six counts of mail fraud.
“This man allegedly took advantage of the good will area businesses have toward the men and women who protect us and used it to enrich himself,” U.S. Attorney Justin Herdman said.
McKenna, from 2009 through November 4, 2017, mailed letters on Air Force letterhead soliciting donations from various businesses on behalf of the Youngstown Air Reserve Station, 910th Operations Group Booster Club. The club did not exist, according to the indictment.
McKenna falsely represented that the gifts would be given away as prizes at a Christmas Ball to service members who had been deployed all year and provided vital support operations at the base. Instead, McKenna allegedly kept some of the gifts for himself, according to the indictment.
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 offenses and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The U.S. Air Force Office of Special Investigations investigated the case, which is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Jury convicts Cleveland man of using firearm to rob credit unions in Willoughby and Shaker HeightsRead the Press Release
A federal jury convicted a Cleveland man for his role in the armed robberies of credit unions in Shaker Heights and Willoughby on the same day.
Richode Meredith-Hill, 21, is scheduled to be sentenced January 10, 2020. A jury convicted him on two counts of armed robbery and two counts of using a firearm during a crime of violence.
Meredith-Hill attempted to rob the Buckeye State Credit Union on Chagrin Boulevard in Shaker Heights and robbed the Cardinal Community Credit Union on Euclid Avenue in Willoughby. Both took place on April 3, 2017, according to trial testimony.
Meredith-Hill aided and abetted another who used a firearm during these crimes of violence, according to the indictment.
This case is being prosecuted as part of "Project Safe Neighborhoods," a gun violence reduction program administered by the Department of Justice, U.S. Attorney's Office for the Northern District of Ohio. The program targets armed criminals for federal prosecution.
This case was investigated by the FBI and police departments in Cleveland, Shaker Heights, Euclid, Willoughby and Wickliffe. It is being prosecuted by Assistant U.S. Attorneys Scott Zarzycki and Kathryn Andrachick.
Eastlake man indicted in federal court of child pornography chargesRead the Press Release
An Eastlake man was indicted in federal court of child pornography charges.
Craig A. White, 40, was indicted on one count of receipt and distribution of child pornography and one count of possession of child pornography.
The indictment charges that from on or about July 3, 2017 through on or about March 6, 2019, , White received and distributed files contained visual depictions of real minors engaged in sexually explicit conduct. The indictment also charges that on June 10, 2019, White possessed a computer tower with several internal and external hard drives that contained child pornography.
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 is being prosecuted by Assistant United States Attorney Carol M. Skutnik following an investigation by the Federal Bureau of Investigation Child Exploitation Task Force.
A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Akron man indicted on firearms and drug chargesRead the Press Release
An Akron man was indicted on firearms and drug charges.
Otis McDay, 44, was indicted on one count each of possession with intent to distribute cocaine,, being a felon in possession of a firearm and ammunition, possession of a firearm in furtherance of drug trafficking, and possession with intent to distribute marijuana and being a felon in possession of ammunition.
McDay possessed marijuana, a Glock 9mm pistol and ammunition on August 28, 2019, despite previous felony drug trafficking convictions, according to the indictment.
McDay possessed cocaine and multiple rounds of ammunition on September 10, 2019, despite previous felony drug trafficking convictions, according to the indictment.
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 records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the FBI, Akron Police Department and Ohio State Highway Patrol. The case is being prosecuted by Assistant U.S. Attorney Peter E. Daly.
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.
Community partners unveil campaign designed to raise awareness around the fact that cocaine is likely contaminated with fentanyl and potentially fatalRead the Press Release
Several community partners this month unveiled a campaign designed to raise awareness around the fact that cocaine is likely contaminated with fentanyl and potentially fatal.
The ad campaign features images of everyday food items such as bottled water, pretzels, donuts and trail mix with the wording: “If these contain fentanyl, would you eat them? They don’t. Your cocaine might.”
The billboard then directs people to a website, which contains links to numerous websites and partner agencies offering treatment services, additional information about addiction, and other resources.
The campaign comes as Cuyahoga County is experiencing a record number of overdose deaths involving cocaine, either on its own or mixed with fentanyl. So far in 2019, nearly 60 percent of overdose deaths in Cuyahoga County are associated with cocaine, either as a stand-alone narcotic or mixed with fentanyl. Investigators believe many of the people dying are not addicted to opioids, but rather cocaine users who do not realize the cocaine they ingest includes fentanyl.
The ad campaign was developed pro bono by Marcus Thomas, an award-winning Cleveland-based marketing communications agency. The client is Greater Than Heroin, a group that includes several diverse stakeholders seeking comprehensive solutions to the opioid epidemic. The U.S. Attorney’s Office for the Northern District of Ohio provided funding to pay for the billboards and digital advertising campaign. Cuyahoga County Executive Armond Budish’s office, as well as Aaron Marks, who chairs the U.S. Attorney’s Office’s Heroin and Opioid Task Force’s Education and Prevention Committee, were also involved in developing the campaign.
“Nobody should be using drugs like cocaine or heroin. Our office has filed a record number of drug indictments against the people who seek to profit from this epidemic,” said U.S. Attorney Justin Herdman. “Yet we have to acknowledge the opioid crisis has set its sights on a new group of victims, those who use cocaine, with absolutely no idea that what they are about to take contains a deadly painkiller like fentanyl. Making the mistake of using cocaine should not result in a death sentence.”
Fr. Bob Stec, who leads Greater Than Heroin, said: “This crisis is so real and so large that it’s going to take all of us working together to bring the awareness, help, hope and care to end this epidemic and make sure everyone finds the help and support they need. This awareness campaign is one example of the blessing of so many working together for the good of our community. Understanding and awareness are key in our efforts to end this crisis and build a stronger, more caring community.”
The campaign includes digital and static billboards at more than a dozen locations in Cleveland, as well as digital ads that will run on Facebook and Youtube. The campaign will run through the end of 2019.
Digital Locations:
- West 3 WS 150ft S/O St Clair Ave F/S
- Ontario St WS 500ft N/O Carnegie Av F/N
- East 14 St ES 380ft S/O Prospect Av F/S
- Carnegie Av NS 200ft W/O East 46th F/W
- Carnegie Av SS 200ft W/O East 14 St F/E
- Lorain Av NS 950ft E/O West 25 St F/E
Static Locations:
- I-71 NS 800ft S/O Denison Av F/W
- Prospect Av NS 200ft W/O East 21 St F/E
- I-90 SS 0.3 mi E/O Martin Luther King Drive F/E
- West Shoreway SS 10ft W/O West 28 St F/E
- Old River Rd ES 600ft S/O Main Av F/S
- I-77 ES 1MI N/O I-480 F/N
- I-90 NS 0.5mi E/O Bunts Rd F/E
- East 9 St ES 100ft S/O Carnegie Av F/N
Toledo man charged in federal court after law enforcement officials seized nearly 10 kilograms of what is believed to be fentanylRead the Press Release
A Toledo man was charged in federal court after law enforcement officials seized nearly 10 kilograms of what is believed to be fentanyl.
Robert Escobar, 49, was charged in federal court with one count of possession with intent to distribute fentanyl.
According to an affidavit filed in federal court:
DEA agents used a confidential source to make numerous drug purchases from Escobar between March and October 2019. The drugs were tested and found to be mixtures of heroin and/or fentanyl.
During a buy from Escobar’s residence on Westmonte Road in Toledo in October, Escobar stated he has two different kinds of heroin: “XXX” and “Maserati”. Escobar then traveled to a house on North Michigan Street and returned with drugs, that he sold. The drugs were tested and returned results for fentanyl and a fentanyl analogue.
A search warrant was executed on the house on North Michigan Street on October 8. Agents found ten packages in the attic area which weighed approximately 9,615 grams. Three of the packages were marked “Maserati” while other packages were marked “XXX”. The contents of the packages will be tested, according to the complaint.
“This is believed to be the largest seizure of fentanyl in the Toledo area,” U.S. Attorney Justin Herdman said. “This defendant is accused of branding deadly narcotics with names like ‘XXX’ and ‘Maserati.’ The idea that more than 20 pounds of this deadly substance was being sold in a residential neighborhood is both infuriating and terrifying. I applaud the Drug Enforcement Administration, the Perrysburg Township Police Department, Ohio State Highway Patrol, Wauseon Police Department, Sylvania Police Department, BCI, Sandusky Police, CBP and Toledo Police Department for this action – they have undoubtedly saved many lives today.”
“Our communities have been plagued by fentanyl-related overdose deaths for far too long and bringing charges against a major distributor like this will save lives,” said DEA Special Agent in Charge Keith Martin. “We will continue to work with our local law enforcement partners to get drug dealers out of our communities and brought to justice.”
The DEA Toledo Task Force investigated the case. The Task Force includes representatives of the DEA, Perrysburg Township Police, Ohio State Highway Patrol, Wauseon Police Department, Sylvania Police Department, Ohio Bureau of Criminal Investigation and the Sandusky Police Department and the U.S. Customs and Border Protection. The Toledo Police Department SWAT team also assisted. The case is being prosecuted by Assistant U.S. Attorneys Ashley A. Futrell and Alissa M. Sterling.
If convicted, the defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ 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.
A charge is only an allegation and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Cleveland man pleads guilty to selling drugs that resulted in fatal overdose inside downtown hotel last yearRead the Press Release
A Cleveland man pleaded guilty to selling drugs that resulted in a fatal overdose of a man inside a hotel in downtown Cleveland last year.
Terry Lee Christian, 36, was indicted Wednesday on one count of distribution of controlled substances, which included a sentencing enhancement for causing death. He is scheduled to be sentenced January 17, 2020.
Christian admitted to causing the death of a person identified in court papers as S.K. on July 13.
“This case demonstrates yet again that there are no safe street drugs, and the drug dealers who sell them, like this defendant, are focused only on their own interests,” U.S. Attorney Justin Herdman said. “By all accounts, the victim in this case believed he was buying cocaine, not fentanyl. People should assume that the cocaine they are buying on the street contains fentanyl and can kill them, even in small doses. Unfortunately the victim in this case is just one of hundreds who have died from cocaine and fentanyl mixes in Cuyahoga County since last year.”
“This case highlights the collaboration between the Cleveland Division of Police Heroin Death Investigators, the Drug Enforcement Administration, the Cuyahoga County Regional Forensic Science Laboratory and the Northern Ohio United States District Attorney’s Office,” said Cleveland Police Chief Calvin D. Williams. “The indictment of Mr. Christian should serve as an example to those trafficking in these dangerous and deadly narcotics. Through thorough investigations and the efforts of the attorneys who prosecute the cases, these criminals can be held accountable at the highest level.”
DEA Special Agent in Charge Keith Martin said: “This death underscores the seriousness of the opioid crisis plaguing northern Ohio and the need for dedicated collaboration from law enforcement. The DEA, Cleveland Division of Police and the United States Attorney’s Office will continue to expend our time, energy and resources in an effort to stem the tide against this epidemic.”
Members of the Cleveland Division of Police’s Heroin Involved Death Investigations Unit responded to a drug overdose at a hotel room in Cleveland on July 14, 2018. Officers observed a bag of suspected cocaine on the dresser and suspected cocaine residue on the dresser and bathroom vanity, according to an affidavit filed in the case.
The narcotics were tested and found to be a mixture of heroin, cocaine and fentanyl. The packaging material was tested and DNA found on the package matched Christian, according to the affidavit.
A review of the victim’s phone and other evidence revealed the man who overdosed met with Christian on July 13 and several calls between them on that day. Shortly after the calls and meeting, the man who overdosed made a hand-to-hand transaction with someone in a minivan, according to the affidavit.
The Cleveland Division of Police and Drug Enforcement Administration investigated the case. Assistant U.S. Attorneys Vasile Katsaros and Kathryn Andrachik are prosecuting the case.
Six people pleaded guilty to crimes related to a health care fraud conspiracy in which Medicaid was billed $48 million for drug and alcohol recovery services, many of which were not provided, not medically necessary, lacked proper documentationRead the Press Release
Six people from Ohio pleaded guilty in federal court to crimes related to a health care fraud conspiracy in which Medicaid was billed $48 million for drug and alcohol recovery services, many of which were not provided, not medically necessary, lacked proper documentation, or had other issues that made them ineligible for reimbursement.
Ryan P. Sheridan, 39, of Leetonia; Jennifer M. Sheridan, 41, of Austintown; Kortney L. Gherardi, 30, of Girard; Lisa M. Pertee, 51, of Sunbury; Thomas Bailey, 45, of Poland, and Arthur H. Smith, 55, of Austintown, are expected to be sentenced in January 2020. All six pleaded guilty to crimes related to their work at Braking Point Recovery Center, which operated drug and alcohol rehabilitation facilities in Austintown and Whitehall, Ohio.
According to the court documents:
Ryan Sheridan was the sole owner of Braking Point Recovery Center, which operated drug and alcohol rehabilitation centers in Austintown and Whitehall, Ohio, that provided detox, intensive outpatient treatment, day treatment and residential living rehabilitation.
Sheridan also owned and operated numerous other businesses, including Breaking Point Health and Fitness LLC and Braking Point Recovery Housing LLC, which owned recovery houses (or “sober houses”) for individuals attempting to maintain abstinence from drugs and alcohol.
As part of being a certified provider, Sheridan agreed to follow the rules and regulations of the Ohio Medicaid Program and the Ohio Department of Mental Health and Addiction Services.
Between January 2015 and October 18, 2017, various defendants submitted or caused to be submitted billings to Medicaid for drug and alcohol services that were: coded to reflect a service more costly than was actually provided; without proper documentation; without proper assessment documents containing valid diagnosis; billings for patients whose records did not contain diagnosis by a physician; related to treatment at unlicensed inpatient beds; billings related to Bailey dispensing of Suboxone even though Bailey did not have the authority to do so; for case management services when, in fact, the clients were working out at Sheridan’s gym; billings based on quotas provided to the nurses by the defendants to bill four to five hours of treatment daily, even if the services were not medically necessary; billing for in-patient detox and drug treatment services that were, in fact, provided in an out-patient setting, among other violations.
Braking Point submitted approximately 134,744 claims to Medicaid for more than $48.5 million in services it claimed to provide between May 2015 and October 2017. The claims caused Medicaid to pay Braking Point more than $31 million. Medicaid suspended payments to Braking Point on October 18, 2017.
The Sheridans, Gherardi, Pertee, Bailey and Smith developed a standard protocol of distributing the same amount of Suboxone to every patient seeking drug treatment immediately upon entering Braking Point’s detox program without being evaluated by a properly licensed physician to determine the medical necessity for the use of Suboxone.
The Sheridans, Gherardi and Bailey used Smith’s DEA data waiver license to dispense more than 3,000 doses of Suboxone in 2017 alone without Smith having seen the patients. Smith held himself out to be Braking Point’s medical director but only went to Braking Point approximately twice a month.
Ryan Sheridan made numerous financial transactions involving money derived from unlawful activities, including health care fraud and conspiracy to commit health care fraud.
Prosecutors are also seeking for forfeit property and proceeds obtained as a result of these crimes, including nearly $3 million, property in Columbiana, Mahoning and Trumbull counties, and eight automobiles, including replicas of vehicles used in the movies “Back to the Future,” “Ghostbusters” and “Batman.”
“These defendants stole tens of millions of dollars from taxpayers through fraudulent billing and other crimes,” U.S. Attorney Justin Herdman said. “They used the drug epidemic plaguing Ohio as a way to line their pockets and profited off the suffering of others.”
“Patients trust that providers of medical services are putting their best interests at heart and are not using them as pawns for profit” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “That trust was cast aside by these defendants as exhibited by their guilty pleas. The OIG will continue to work with our federal, state and local partners to ensure that those who commit criminal acts to unjustly enrich themselves at patient and taxpayer expense are held accountable”.
“These guilty pleas clearly indicate these individuals intended to fraudulently bill and deceive taxpayers out of millions of dollars,” said FBI Special Agent in Charge Eric B. Smith. “This should send a strong message to anyone who intends to cheat the system for their own benefit. The FBI and our law enforcement partners are focused on stopping those that commit healthcare fraud.”
“Ryan Sheridan and his co-defendants wreaked havoc on the integrity of our health care system for their own personal gain,” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “Health care fraud affects every American and today’s announcement illustrates that the IRS and our law enforcement partners are steadfast in our commitment to detecting and dismantling health care fraud schemes and holding perpetrators of these crimes accountable.”
“Health care fraud and the diversion of prescription medications are an increasing threat to our community,” said DEA Special Agent in Charge Keith Martin. “Dishonest and greedy healthcare providers who abuse the system for their own personal gain will not be tolerated and remain a priority for the DEA.”
“The victim here isn’t just the health care system, it’s the people struggling with addiction who needed a beacon of hope but instead found themselves at the center of a shady scheme,” Ohio Attorney General Dave Yost said. “I’m grateful for U.S. Attorney Herdman’s work to secure justice for these victims and their loved ones.”
The U.S. Department of Health and Human Services – Office of Inspector General, Federal Bureau of Investigation, Internal Revenue Service – Criminal Investigations, Drug Enforcement Administration and the Ohio Attorney General’s Medicare Fraud and Corruption Unit investigated this case. It is being prosecuted by Assistant U.S. Attorneys Mark Bennett, Jason Katz and Special Assistant U.S. Attorney Jonathan Metzler.
Eight people indicted for their roles in a conspiracy to distribute large amounts of heroin, cocaine and fentanyl pills in Northwest OhioRead the Press Release
Eight people were indicted in federal court for their roles in a conspiracy to distribute large amounts of heroin, cocaine and fentanyl pills in Northwest Ohio.
Leonardo Espino, 48, of Holland; Peter Martinez, 29, Tony Nichols, 47, Ramon Ochoa, 43 all of Oregon, Ohio; Thomas Espino, 42, Christopher Faust, 36 all of Toledo; Glendon Patrick, 40 of Fremont, Ohio; and Jose Luis Betancourt-Ponce, 46, of Mexico, are all charged with conspiracy to distribute with intent to distribute controlled substances, including fentanyl, heroin and cocaine. Thomas Espino is also charged with possession of firearms in furtherance of a drug trafficking offense.
The Espino drug trafficking organization is allegedly responsible for multi-kilogram shipments of cocaine and heroin as well as tens of thousands of fentanyl pills to Northwest Ohio. The group is also believed to have distributed drugs to New York City, Chicago, and North Carolina, according to court documents.
Leonardo Espino is the alleged head of the organization and coordinates directly with a source of supply for drugs in Mexico. Thomas Espino is the principal party responsible for drug distribution and obtaining payments, which are then returns to suppliers in Mexico. Nichols owns Nichols Automotive at 460 East Broadway, which is the group’s primary meeting place. He also distributed multi-kilogram quantities of cocaine and large amounts of fentanyl pills to others, according to court documents.
Faust distributed heroin in Toledo and also made wire transfers to pay suppliers in Mexico. Martinez distributed cocaine and fentanyl in the Toledo area. Ochoa transported drugs and cash for members of the organization. Patrick distributed pills for the group and transported heroin and cash, according to court documents.
Prosecutors are seeking to forfeit six firearms and ammunition seized from 1619 Albert Street in Toledo, six firearms and ammunition seized from 2649 Hayden Street in Toledo and one firearm and ammunition seized from 460 East Broadway Street in Toledo as part of the investigation, according to court documents.
“This group is responsible for bringing large amounts of heroin, cocaine and fentanyl into Northwest Ohio, then shipping the profits back to Mexico,” U.S. Attorney Justin Herdman said. “This is occurring at the same time our neighbors continue to die from overdoses. We will continue to do all we can to choke off the supply of these deadly drugs.”
“This is a significant blow to a major drug trafficking organization operating in the Toledo, Ohio area,” said Special Agent in Charge Keith Martin. “These actions make Toledo and the surrounding community safer by taking a significant amount of drugs off the street and bringing criminals with ties to violent drug trafficking organizations to justice.”
If convicted, the defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ 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 Drug Enforcement Administration investigated the case. It is being prosecuted by Assistant U.S. Attorneys Thomas P. Weldon and Gene Crawford.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Beachwood woman sentenced to 17 years in prison for stealing the identities of more than a dozen people and filing false tax returnsRead the Press Release
A Beachwood woman was sentenced to more than 17 years in prison for stealing the identities of more than a dozen people and filing false tax returns.
Aesha Johnson, 42, was convicted by a jury earlier this year on all 29 counts, including conspiracy, wire fraud and aggravated identity theft. She was also ordered to pay $63,708 in restitution.
Her daughter, Brittany Williams, previously pleaded guilty to her role in the conspiracy. She was sentenced to three years of supervised release and $63,708 in restitution
Williams and Johnson, when she was living in West Virginia, conspired together to use stolen identities to file false tax returns with the IRS, seeking tax refunds. Johnson acquired many of these identities through a previous criminal fraud scheme, according to the indictment.
Johnson and Williams used an address associated with the family on East 142nd Street in Cleveland as the address of record for many of the false tax returns. They often communicated with each other using a code that referred to the victims using numbers 1 through 31, and created and used fictitious email accounts in the names of the victims to communicate with the IRS, according to the indictment
Williams filed the false tax returns online, obtained prepaid debit cards in the names of the identity-theft victims and requested the IRS deposit the refunds onto those cards. Williams then withdraw cash or made purchases with the cards, according to the indictment.
“This pair stole people’s identities then used it to steal from taxpayers,” U.S. Attorney Justin Herdman said. “The community is safer with Ms. Johnson behind bars.”
“This sentence is a small victory for the many American taxpayers who have been victims of stolen identity refund fraud schemes,” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “The defendants demonstrated a blatant disregard for the integrity of the United States tax system and caused immeasurable hardship to innocent victims. IRS-CI will continue to do our part in protecting the sanctity and integrity of the tax system and those individuals whose identities were stolen."
This case is being prosecuted by Assistant U.S. Attorneys Matthew Cronin and Justin Seabury Gould following an investigation by the IRS.
Two from Toledo indicted on firearms chargesRead the Press Release
Two people from Toledo were indicted in federal court on firearms crimes.
Xavier Zjordonel Tate, 35, was indicted on one count of being a felon in possession of a firearm. Tate allegedly possessed an American Pride AR-15 and 30 rounds of ammunition on September 2, despite a previous conviction for being a felon in possession of a firearm, according to the indictment.
Ivory Deshaun Carter, Jr., 20, was indicted on one count of being a felon in possession of a firearm. Carter allegedly possessed a Romarm/Cugir 7.62x33mm on March 23, despite a previous conviction for carrying concealed weapons, according to the indictment.
The cases are unrelated. They are being prosecuted as part of This case is being prosecuted as part of "Project Safe Neighborhoods," a gun violence reduction program administered by the Department of Justice, U.S. Attorney's Office for the Northern District of Ohio. The program targets armed criminals for federal prosecution.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The Toledo Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives and Federal Bureau of Investigation investigated the cases. Assistant U.S. Attorney Matthew D. Simko is handling the cases.
An indictment is only a charge and is not evidence of guilt. The burden of proof is always on the government to prove a defendant guilty beyond a reasonable doubt.
Akron man sentenced to six years in prison for launching denial of service attacks that shut down web sites for the city of Akron and the Akron Police DepartmentRead the Press Release
An Akron man was sentenced to six years in prison for launching denial of service attacks that shut down web sites for the city of Akron and the Akron Police Department.
James Robinson, 33, previously pleaded guilty to damaging protected computers. U.S. District Judge Christopher Boyko also ordered Robinson to pay $668,684 in restitution.
According to court documents filed in the case:
Servers hosting web sites belonging to the city of Akron were victims of an active distributed denial of service (DDoS) attack on Aug. 1, 2017. Two website domains appeared to be the target of the attacks: akronohio.gov and akroncops.org.
The DDoS attack ultimately overwhelmed the web sites with network traffic and rendered them unavailable to users.
A tweet that same day from @AkronPhoenix420 took credit for targeting the Akron web sites, including a link to a youtube video and a screenshot showing akronohio.gov was not accessible. The tweet included hashtags #Anonymous and #TangoDown.
The video showed a static image of an individual in a Guy Fawkes mask making statements including “it’s time we teach the law a lesson,” “Akron PD abuses the law” and “this week the city of Akron experienced system failures on multiple domains including their emergency TCP ports.”
The subsequent investigation identified attacks coming from an Internet connection registered to James Robinson and that Robinson’s phone was associated with the Twitter account @AkronPhoenix420.
@AkronPhoenix420 also claimed credit for many other DDoS attacks including many in 2018 that bore similar characteristics to the Akron attacks. Targets of those attacks web site domains and servers hosted by the Ohio Department of Public Safety, the National Institutes of Health, the Defense Information Security Agency, the Department of Defense, the Department of Treasury and others. Multiple DDoS attacks have been claimed by AkronPhoenix420, including many in 2018.
Law enforcement authorities got a search warrant for Robinson’s house on Edison Avenue in Akron in May 2018. Agents located a Guy Fawkes mask and a cell phone with a cracked screen similar to a phone seen in tweets by @AkronPhoenix420. Robinson stated he was responsible for the DDoS attacks against the Department of Defense, city of Akron and others, according to court documents.
The Federal Bureau of Investigation, Defense Criminal Investigative Services, Akron Police Department, Ohio State Highway Patrol, Department of Health and Human Services and Department of Treasury investigated the case. It was prosecuted by Assistant U.S. Attorneys Om Kakani and Daniel J. Riedl.
Justice Department announces more than $18 million in grants to Northern Ohio; money will be used to hire detectives, expand DNA testing, support drug courts, provide housing for crime victims and other prioritiesRead the Press Release
The Justice Department recently announced more than $18 million worth of grants to agencies in Northern Ohio that will pay for the citywide expansion of the Cleveland Division of Police’s domestic violence high risk team, improve DNA testing capabilities in several areas, expand drug courts in several cities, allow the Cuyahoga County Prosecutor’s Office to build a database to track violent crime trends, provide transitional housing in Ottawa County and Canton for survivors of sexual assault and domestic violence, and numerous other programs.
“These funds will save lives, whether that is expanding a program that identifies the most dangerous abusers, provides emergency shelter to our most vulnerable victims, allows law enforcement to do a better job tracking and sharing crime data, just to name a few,” U.S. Attorney Justin Herdman said. “These grant awards demonstrate the Justice Department’s commitment to working across the state and country, with jurisdictions large and small, to make our communities safer.”
Below is an incomplete list of grant recipients announced in the past few weeks. Additional grants may be announced in coming days. They are grouped geographically:
NORTHEAST OHIO
The Cuyahoga County Prosecutor’s Office’s Sexual Assault Kit Task Force will receive $3 million from the Justice Department. The money will be used to expand the Task Force’s DNA project, implement genealogy searches of “John Doe” indictments, continue partnership with Case Western Reserve University and the Cleveland Rape Crisis Center and maintain personnel and training.
The Cuyahoga County Common Pleas Court will receive $1 million from the Office of Justice Programs. The money will fund a high-risk domestic violence court.
Cleveland will receive $500,000 from the Office on Violence Against Women. The money will be used to support the expansion of the Domestic Violence High Risk Team program to all police districts, employ two full-time detectives, a full-time victim advocate to be embedded with the police, develop training for law enforcement on trauma, victim engagement and trauma-informed interviewing.
The Cuyahoga County Prosecutor’s Office will receive $360,000 from the Bureau of Justice Assistance. The money will be used to help law enforcement agencies throughout the county to collaborate and build a database that will detect and track violent crime trends to improve information sharing.
The Cuyahoga County Prosecutor’s Office will receive $609,019 from the Office of Juvenile Justice and Delinquency Prevention. The money will be used to support the Internet Crimes Against Children Task Force.
Lake County will receive $270,013 from the National Institute of Justice. The money will pay for a DNA analyst to complete up to 400 cases a year, as well as purchase laboratory automation instrumentation to perform DNA extraction.
The Cuyahoga County Medical Examiner’s Office will receive $339,459 from the National Institute of Justice. The money will be used to fund a DNA forensic scientist, procure supplies, and train staff.
The Cleveland Rape Crisis Center will receive $424,977 from the Office on Violence Against Women. The money will be used to work with the Cleveland Hearing and Speech Center to establish a multidisciplinary team, provide services to individuals with disabilities who are victims of violence and abuse, among other areas.
The Domestic Violence and Child Advocacy Center will receive $550,000 from the Office on Violence Against Women. The Center will work with the Cuyahoga County Domestic Relations Court to provide supervised visitation and safe exchange services. The money will pay for a supervised visitation intake specialist housed at the court, two supervised visitation monitors, a supervised visitation coordinator and contract security services over three years.
Cleveland will receive $750,000 from the Bureau of Justice Assistance. The money will be used to improve responses and outcomes for individuals with mental illness or co-occurring mental illness and substance abuse disorder who come into contact with the justice system.
The following entities will receive money from the Bureau of Justice Assistance to fund drug courts and/or veteran’s treatment courts: Cuyahoga County Common Pleas Court, $439,924; Geauga County, $500,000.
The following cities received money from Bureau of Justice Assistance as part of the Edward Byrne Memorial Justice Assistant Grant, which can be used for a broad range of crime control and prevention strategies based on local needs. The cities are: Cleveland, $602,791; Lorain County, $32,410, and Lake County, $24,459.
AKRON/CANTON AREA
Summit County will receive $500,000 from the Office on Violence Against Women. The money will be used to support the Summit County Prosecutor’s Office Domestic Violence Unit Program; centralize prosecution, probation and victim services; and employ additional domestic violence prosecutors, a domestic violence probation officer and a full-time victim advocate.
The Domestic Violence Project, Inc. will receive $310,147 from the Office on Violence Against Women. The money will allow the Canton-based organization to work with several community partners to provide housing and support services to survivors of sexual assault, domestic violence, dating violence or stalking.
Coleman Professional Services in Kent will receive $363,795 from the Office of Victims of Crime. The money is awarded as part of OVC’s Transforming America’s Response to Elder Abuse. The money will be used to increase coordination of services for those meeting the needs of victims and moving cases more successfully through the judicial system.
The following entities will receive money from the Bureau of Justice Assistance to fund drug courts and/or veteran’s treatment courts: Medina County, $500,000, and Summit County, $455,471.
The following cities received money from Bureau of Justice Assistance as part of the Edward Byrne Memorial Justice Assistant Grant, which can be used for a broad range of crime control and prevention strategies based on local needs. The cities are:Akron, $125,149, and Canton, $75,633.
NORTHWEST OHIO
Lucas County will receive $775,775 from the Office of Juvenile Justice and Delinquency Prevention. Lucas County will use the money to realign referral requirements to the Community Treatment Center to improve services and balance traditional probation responses with extended incarceration.
Advocates for Basic Legal Equality, Inc. in Toledo will receive $448,222 from the Office of Violent Crime through the Enhancing Community Responses to the Opioid Crisis program. ABLE will provide free, trauma-informed civil legal services for children affected by the opioid crisis, including resolving custody disputes, obtaining civil protection orders and accessing public benefits and health care.
The Mental Health & Recovery Services Board of Lucas County will receive $400,000 from the Bureau of Justice Assistance. The money will be used to improve responses and outcomes for individuals with mental illness or co-occurring mental illness and substance abuse disorder who come into contact with the justice system.
The Hancock County Board of Alcohol, Drug Addiction & Mental Health Services and the Erie County Health Department will each receive $600,000 from the Bureau of Justice Assistance’s Comprehensive Opioid Abuse site-based Program. COAP aims to reduce opioid abuse and the number of overdose fatalities, as well as supporting comprehensive, collaborative initiatives.
Ottawa County Transitional Housing, Inc. will receive $449,823 from the Office on Violence Against Women. The money will be used to allow the Port Clinton-based group to work with community partners to provide to provide housing and support services to survivors of sexual assault, domestic violence, dating violence or stalking, as well as their families.
Legal Aid of Western Ohio, Inc. will receive $425,000 from the Office on Violence Against Women. The money allow Legal Aid to work with community partners to provide accessible, safe and effective services to individuals with disabilities who are victims of domestic violence and abuse.
Bowling Green State University will receive $797,079 from the National Institute of Justice. The money will be used to fund research into criminality trends of 12- to 18-year-olds who resided in Lucas County, to establish the importance of individual and social factors on changes in offending/criminal behavior.
Goodwill Industries of Northwest Ohio will receive $999,974 from the Bureau of Justice Assistance. The grant is part of the Second Chance Act’s Comprehensive Community-Based Adult Reentry Program and will be used to provide individualized transitional reentry services to participants.
Lima will receive $31,351 from Bureau of Justice Assistance as part of the Edward Byrne Memorial Justice Assistant Grant, which can be used for a broad range of crime control and prevention strategies based on local needs.
MANSFIELD
Mansfield will receive $250,000 from the National Institute of Justice. The money will be used to reduce any forensic DNA backlog, provide for continuing education training for DNA analysts, and purchase necessary equipment, software and training.
MAHONING VALLEY
Youngstown will receive $181,695 from the Bureau of Justice Assistance to fund drug courts and/or veteran’s treatment courts.
The following cities received money from Bureau of Justice Assistance as part of the Edward Byrne Memorial Justice Assistant Grant, which can be used for a broad range of crime control and prevention strategies based on local needs. The cities are: Youngstown, $43,212, and Warren, $21,927.
MARION
Marion will receive $10,995 from Bureau of Justice Assistance as part of the Edward Byrne Memorial Justice Assistant Grant, which can be used for a broad range of crime control and prevention strategies based on local needs.
MULTIPLE JURISDICTIONS
The Ohio Office of Criminal Justice Services will receive $259,188 from the Bureau of Justice Assistance. The money is part of the Project Safe Neighborhoods program and will be distributed to police departments in Akron, Canton, Cleveland, Elyria, Lorain, Mansfield, Toledo and Youngstown to help fund initiatives designed to help reduce gun violence.
Mahoning County man indicted for using a firearm while making threats against a Jewish community center in YoungstownRead the Press Release
A Mahoning County man was indicted in federal court for using a firearm while making threats against a Jewish community center in Youngstown.
James P. Reardon, 20, of New Middletown, was indicted in U.S. District Court with one count of transmitting an interstate communication threat and one count of possession of a firearm in furtherance of a crime of violence.
According to the court documents:
New Middletown police contacted the FBI on August 16, 2019, after being made aware of a video posted on Instagram page by user “ira_seamus.” The video depicted Reardon holding an assault rifle. It began with Reardon stating “(expletive) a life.” He then held the rifle in multiple firing positions with audio of gunshots and sound effects of sirens and people screaming added into the background, according to the complaint.
The video also had a caption that stated: “ira_seamus Police identified the Youngstown Jewish Family Community shooter as local white nationalist Seamus O'Rearedon". The video is shown to be tagged at the Jewish Community Center of Youngstown, according to the complaint.
New Middletown police officers showed federal agents on August 16, 2019, other videos in which Reardon was depicted, including: a National Geographic documentary in which Reardon was at the "Unite the Right" rally in Charlottesville, Virginia in August 2017 and an Instagram video posted by Reardon in which he discharges two rounds of ammunition into a cover of a video while making a remark about “Jewish media.”
Members of law enforcement executed a search warrant at Reardon’s residence later that day. Upon entering the basement, investigators observed several firearms and clothing articles that were observed in Reardon’s Instagram video postings, including: an MP-40 sub-machine gun like the one depicted in the video; an AR-15 assault rifle; numerous Nazi World War II propaganda posters; a rifle bayonet; a Hitler Youth Knife; and vintage U.S. military equipment, according to the complaint.
Reardon pulled up to the residence while officers were executing the search warrant and was arrested without incident.
“This defendant used a firearm to threaten people who simply want to worship as they choose, as guaranteed by our Constitution,” U.S. Attorney Justin Herdman said. “Law enforcement will not stand by and allow someone to intimidate others with threats of violence.”
"In today's environment, shootings in public places, churches and schools have occurred too often,” said FBI Special Agent in Charge Eric B. Smith. “Law enforcement must react swiftly to threats of violence. This defendant’s video demonstrated that he had access to weapons and he posed a threat to a Jewish community center. Law enforcement cannot wait to see if a shooting is going to occur, law enforcement must act quickly within the confines of the law to disrupt any potential violent act. The public is reminded -- if you see something, say something.”
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 Federal Bureau of Investigation, the Mahoning Valley Violent Crimes Task Force and the New Middletown Police Department investigated the case. Assistant U.S. Attorneys David Toepfer and Yasmine Makridis are prosecuting the case.
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.
Four people indicted for a conspiracy involving hundreds of pounds of marijuana as well as marijuana vape cartridgesRead the Press Release
Four people were indicted in federal court for their roles in a conspiracy involving hundreds of pounds of marijuana as well as marijuana vape cartridges.
Named in the five-count indictment are: Robert Berman, 33, of North Hollywood, California; Todd Brown, Jr., 31, of Canton; Dakota Walters, 27, of Lexington, Ohio, and Salim Womack, 25, of Toledo.
All four are charged with conspiracy to possess with intent to distribute controlled substances and possession with intent to distribute controlled substances. Womack is additionally charged with possessing a firearm with an obliterated serial number.
According to court documents:
Homeland Security Investigations agents on September 3 observed a man, later determined to be Berman, load boxes from a truck to a unit at Life Storage facility on West 130th Street in Cleveland.
Two men, later determined to be Walters and Womack, then loaded several boxes they received from Berman into the bed of their pickup truck. A subsequent search of the truck revealed the 18 boxes containing suspected marijuana vape cartridges. Womack also possessed a Ruger 9 mm pistol with an obliterated serial number, according to court documents.
Berman then met with a man driving a minivan, later determined to be Brown. Brown and Berman made an exchange, and Brown drove away in the minivan and Berman drove off in a Budget rental box truck. Following a stop, investigators recovered approximately nine boxes of suspected marijuana plants from the minivan.
A search of the box truck resulted in the seizure of two bags of cash, totaling approximately $211,755. A search of the storage garage resulted in the seizure of approximately 19 boxes of suspected marijuana, according to court documents.
“Groups like this, who are allegedly trafficking vape cartridges containing the active ingredient in marijuana, clearly pose a threat to the health and safety of our community,” U.S. Attorney Justin Herdman said. “This case also involves lots of cash and a firearm – which we see all too often with drug traffickers.”
"We stand ready to provide evidence that this alleged drug trafficking organization conspired to move hundreds of thousands in cash and drugs throughout northern Ohio," said Vance Callender, special agent in charge of HSI Detroit, which covers Michigan and Ohio. "Many are under the false perception that trafficking in narcotics and taking advantage others is a path to a quick profit, without repercussion. These charges demonstrate the serious consequences that await those who engage in these illegal acts.”
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 Homeland Securities Investigations, with assistance from the Cuyahoga County Sheriff’s Department, investigated this case. Assistant U.S. Attorney Brian Deckert is prosecuting the case.
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.
U.S. Attorney Herdman to continue serving on Attorney General's Advisory CommitteeRead the Press Release
Attorney General William P. Barr announced the appointment of the following nine U.S. Attorneys to serve on the Attorney General’s Advisory Committee (AGAC): David Anderson, Northern District of California; Scott Brady, Western District of Pennsylvania; Maria Chapa Lopez, Middle District of Florida; Halsey Frank, District of Maine; Erica MacDonald, District of Minnesota; Christina Nolan, District of Vermont; Zach Terwilliger, Eastern District of Virginia; Tom Kirsch, Northern District of Indiana; and Nicholas Trutanich, District of Nevada.
“I am pleased to appoint these nine outstanding U.S. Attorneys to this key advisory committee. I am confident that they will serve with distinction,” Attorney General William P. Barr said. “The U.S. Attorneys who comprise the Attorney General’s Advisory Committee play a critical role in carrying out the Department of Justice’s important work, including its efforts to reduce violent crime, combat the opioid crisis, protect the most vulnerable, and enforce the rule of law.”
U.S. Attorney Justin Herdman and five other U.S. Attorneys will continue serving on the committee.
“I am honored to continue to serve on the Attorney General’s Advisory Committee,” Herdman said. “My colleagues around the country are doing important work to reduce violent crime, combat the drug abuse epidemic and enforce our nation’s laws.”
Attorney General Barr also announced that U.S. Attorney for the Northern District of Texas Erin Nealy Cox, a current member, will replace U.S. Attorney John Huber as the Vice Chair of the AGAC.
Chaired by U.S Attorney for the District of Columbia, Jessie K. Liu, the AGAC represents the voice of the U.S. Attorneys and provides advice and counsel to the Attorney General on policy, management, and operational issues impacting U.S. Attorneys’ Offices.
The bios of all U.S. Attorneys are available here.
Physicians and pharmacy sales reps indicted for kickback conspiracy in which doctors allegedly received money in exchange for writing unnecessary prescriptions of NuedextaRead the Press Release
Two doctors from Northeast Ohio and two drug company salesmen were indicted in federal court for their roles in a kickback conspiracy in which the doctors allegedly received money and other things of value in exchange for writing prescriptions of Nuedexta for patients that did not have the condition.
Named in the 83-count indictment are: Deepak Raheja, 63, of Hudson; Gregory Hayslette, 43, of Aurora; Frank Mazzucco, 41, of Dublin, and Bhupinder Sawhny, 70, of Gates Mills. All four are charged with conspiracy to solicit, receive, offer and pay health care kickbacks.
According to the indictment:
Raheja is a medical doctor who specialized in psychiatry and neurology whose primary practice location was 2307 West 14th Street in Cleveland. Sawhny is a medical doctor who specialized in neurosurgery whose primary practice location was 6731 Ridge Road in Parma.
Hayslette worked as a pharmaceutical sales representative for Avanir Pharmaceuticals, Inc. from June 2015 through September 2016. He was responsible for marketing Nuedexta, and his territory included Northern Ohio. Mazzucco was the regional business manager and supervised Hayslette.
Avanir manufactured Nuedexta, a drug approved by the FDA solely to treat pseudobulbar affect (PBA). PBA is a condition characterized by involuntary, sudden and frequent episodes of uncontrollable laughing and crying, according to the indictment.
Avanir promoted Nuedexta through a speaker’s bureau, in which Avanir representatives engaged doctors to speak about and promote Nuedexta to other medical professionals. Typical speaking engagements involved dinner at a high-end restaurant in which the doctor made a presentation with a slide deck provided by Avanir. A company sales representative was responsible for inviting attendees and attending the presentation.
Raheja joined Avanir’s speaker’s bureau in February 2011. He gave approximately 211 speaking presentations at various restaurants and doctor’s offices between October 2011 and April 2016. Raheja received approximately $1,500 for each of these purported presentations.
Raheja received approximately $331,550 from Avanir between October 2011 and April 2016. During this time, Raheja wrote approximately 10,088 Nuedexta prescriptions – the highest in the country, according to the indictment.
As part of the conspiracy, Hayslette and Mazzucco incentivized physicians to write Nuedexta prescriptions and thereby increase compensation to themselves. This included:
Hayslette and Mazzucco arranged speaker’s bureau programs, many with little to no educational value, for Raheja, Sawhny and other medical professionals relating to Nuedexta.
Hayslette and Mazzucco facilitated the payment of honoraria and other expenses to Raheja.
Hayslette facilitated the submission of false and fictitious sign-in sheets from speaking engagements to justify the event and maximize payments and other benefits to Raheja and Sawhny.
Hayslette facilitated the promotion of non-FDA-approved uses and dosages of Nuedexta through the speaker’s bureau program and the distribution of literature to physicians.
Hayslette offered free firearms training, office equipment and other things of value to Sawhny.
Hayslette provided coffee, breakfast, lunch and other food and beverage to Raheja, Sawhny and their office staff, usually with little to no substantive discussion about Nuedexta.
Hayslette accessed protected patient health information without authorization, and facilitated the submission of false diagnoses of PBA on prior authorizations to Medicaid Managed Care Organizations.
It was further part of the conspiracy that Raheja and Sawhny took steps in return for things of value, such as:
Raheja and Sawhny wrote more Nuedexta prescriptions and caused the submission of billings to Medicare and Medicaid for Nuedexta prescriptions for patients that did not have PBA.
Raheja and Sawhny also submitted and caused the submission of materially false and fictitious prior authorizations to Medicaid MCOs that reflected diagnoses of PBA for patients that did not actually have PBA.
Raheja falsely diagnosed patients with PBA, and recorded and caused the recording of false symptoms in patient records to support a diagnosis of PBA.
Sawhny also allegedly permitted unauthorized access to protected patient health information.
“We all trust our doctors to make decisions based on what is best for the patient, not based on which sales representative is paying them money on the side and springing for steak dinners,” U.S. Attorney Justin Herdman said. “Doctors and the pharmaceutical sales reps who don’t follow the rules will be held accountable for their actions.”
“These doctors will now answer to a court of law for financially benefitting from lucrative speaking engagements and writing questionable prescriptions for one medication,” FBI Special Agent in Charge Eric B. Smith said. “The FBI will continue collaborative efforts to root out healthcare fraud and hold those responsible accountable for their fraudulent, unethical behavior."
“Kickbacks are to ethics like a magnet to a compass — you lose your direction,” Ohio Attorney General Dave Yost said. “Imagine trusting your doctor to do what’s right for your health, and finding out he’s instead doing what’s right for his wallet. This is much more than a financial crime.”
If anyone believes they may have been a victim in this case, they are encouraged to call the FBI at 216-622-6963.
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 FBI, Health and Human Services – Office of Inspector General and the Ohio Attorney General’s Medicaid Fraud Control Unit investigated this case. Assistant U.S. Attorneys Michael L. Collyer and Megan R. Miller are prosecuting the case.
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.
Former Allen County Sheriff sentenced to more than 11 years in prison for asking for and taking bribes from people arrested in prostitution stings, suspected gamblers and othersRead the Press Release
The former Allen County Sheriff was sentenced to more than 11 years in prison for asking for and taking bribes from people arrested in prostitution stings, suspected gamblers and others.
Samuel A. Crish, 56, previously pleaded guilty to multiple counts of extortion and soliciting bribes. He was sentenced to 136 months in federal prison and ordered to pay $606,221 in restitution.
“The former sheriff earned every day of this sentence,” U.S. Attorney Justin Herdman said. “His conduct is an affront to the men and women in law enforcement and the citizens he pledged to protect and serve. Using his office and badge to demand bribes from gamblers and people arrested in prostitution stings is beyond offensive.”
"Mr. Crish will now serve the well deserved punishment handed down by the judge for his abhorrent criminal behavior,” said FBI Special Agent in Charge Eric Smith. “Law enforcement officers take an oath to enforce the law, not break the law."
Court documents detail Crish extorting or soliciting tens of thousands of dollars from several people between 2012 and 2016.
According to court documents:
Crish joined the Allen County Sheriff’s Office in 1991, where he held numerous positions, including commander of the office’s Investigative Division and the West Central Ohio Crime Task Force (WCOCTF). He was elected sheriff in 2008, 2012 and 2016.
In June 2012, Crish approached a person identified in the charges as Person 1 and asked Person 1 for $8,000, falsely stating he needed the money to cover medical bills. Person 1 gave Crish the money in cash in an alley behind the sheriff’s office in July 2012.
Two months later, Person 1 applied for the position of nurse at the Allen County Jail, which Crish oversaw. Based on conversations with Crish, Person 1 understood the job was theirs. Crish stated in October 2012 he would try to hire Person 1 as nurse. In the same conversation, he stated he needed $42,000 to pay his debts and asked if Person 1 could help.
Person 1 took out a home equity line of credit and, on Oct. 12, 2012, gave Crish a check for $42,000 in the alley behind the sheriff’s office. Crish agreed to repay the money in monthly increments of $480. On Dec. 15, 2012, Person 1 was hired by the Allen County Sheriff’s Office to work as the nurse at the county jail.
Person 3 operated a used car business and was arrested by members of the sheriff’s office and WCOCTF on Aug. 19, 2015 during a prostitution sting. He was charged with solicitation in Lima Municipal Court.
Crish visited Person 3’s business several times in August and September 2015, at one point asking Person 3 for a $7,000 loan. Person 3 gave Crish a check for $7,000 on Sept. 25, 2015.
Crish met with prosecutors and law enforcement officials about Person 3’s case on Nov. 24, 2015, and demanded the Lima City Attorney’s Office drop the charges. The solicitation case was dismissed on Feb. 18, 2016. Eight days later, Crish texted Person 3 to meet, where they discussed the dismissal of Person 3’s case.
Person 4 operated a used car business in Elida, Ohio. Crish asked Person 4 in September 2015 to work as an informant. He also asked Person 4 to loan him $10,000.
Person 4 gave Crish $10,000 in cash on Nov. 3, 2015. The next day, Person 4 was arrested at a motel in Lima as part of a prostitution sting operation. Following his arrest, Person 4 asked to speak to Crish. All of the other men arrested were charged.
Crish visited Person 4’s business on Nov. 5, 2015, and told him not to worry about the arrest because he was working for Crish.
Crish visited Person 4’s business again on Nov. 17, 2015, and asked for $500. Person 4 insisted Crish would have to pay back the $500, unlike the previous $10,000. Crish called Person 4 in May 2016 and told him he was “fine” referring to the charges for the prostitution arrest.
Person 5 owned a grocery store in Allen County. Crish stopped by Person 5’s business in October 2015 to ask for a loan. Crish inferred during the visit that an agency was coming to investigate Person 5’s business for suspected illegal gambling operations, but that Crish could stop the investigation if Person 5 provided Crish with a loan.
Person 5 gave Crish a $2,000 loan in October 2015, which Crish repaid without interest.
The FBI and the Ohio Bureau of Criminal Investigation investigated the case, and it was prosecuted by Assistant U.S. Attorney Gene Crawford.
Columbus man sentenced to nearly 10 years in prison for robbing banks in Cleveland, Lakewood and EastlakeRead the Press Release
A Columbus man was sentenced to nearly 10 years in prison for robbing banks in Cleveland, Lakewood and Eastlake in February.
Andre Harris, 49, previously pleaded guilty to three counts of bank robbery. He was sentenced to 118 months in federal prison.
Harris robbed the Key Bank at 3601 Chester Ave. in Cleveland on February 8, the Fifth Third at 14800 Madison Ave. in Lakewood on February 11 and Chase Bank at 35400 Vine Street in Eastlake on February 15, according to court documents.
The FBI, Cleveland Division of Police, Lakewood Police Department and Eastlake Police Department investigated this case. Assistant U.S. Attorneys Margaret Kane and Ranya Elzein prosecuted the case.
Men from Lima and Willard sentenced to prison for child pornography crimesRead the Press Release
Two men from Northwest Ohio were sentenced to prison for crimes related to child pornography.
Dustin Davis, 42, of Lima, was sentenced to nine years in prison. He previously pleaded guilty to one count of receipt and distribution of child pornography.
Davis received and distributed numerous images of child pornography between September and November 2018, according to the indictment.
In a separate case, Karl Rogers, 35, of Willard, was sentenced to eight years in prison. Rogers was previously convicted at trial of receiving and distributing child pornography.
The Department of Homeland Security investigated the Davis case. The FBI and Ohio Internet Crimes Against Children investigated the Rogers case. Assistant U.S. Attorney Tracey Ballard Tangeman prosecuted both cases.
Cleveland man was sentenced to eight years in prison for illegally having ammunitionRead the Press Release
A Cleveland man was sentenced to eight years in prison for illegally having ammunition.
A jury in June convicted Joshua Walker, 34, of one count being a felon in possession of ammunition.
Walker possessed 9 mm Luger shell casings on October 25, 2017, before and during an altercation at a Cleveland bar where Walker shot and killed someone, according to trial testimony.
Walker was prohibited from having the ammunition because of a previous conviction for conspiracy to possess with intent to distribute crack cocaine, according to the trial testimony.
This case was prosecuted by Assistant U.S. Attorney John C. Hanley following an investigation by the Cleveland Division of Police and the ATF, with assistance from the Cuyahoga County Prosecutor’s Office.
Akron man previously convicted of domestic violence indicted for allegedly having methamphetamine and a gunRead the Press Release
An Akron man was indicted on firearms and methamphetamine charges.
Tionte L. Blanchard, 23, was indicted on one count of possession with intent to distribute methamphetamine, one count of possession of a firearm with a domestic violence conviction and one count of possession of a firearm in furtherance of drug trafficking.
Blanchard possessed at least 50 grams of methamphetamine on July 12, as well as a Glock pistol. Blanchard was prohibited from having the pistol because of a previous misdemeanor conviction for domestic violence in 2017, according to the indictment.
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 FBI and Akron Police Department investigated this case. Assistant U.S. Attorney Christopher Joyce is prosecuting the case.
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.
Three men indicted for their alleged roles in a conspiracy to distribute anabolic steroids via the dark webRead the Press Release
Three men were indicted in federal court for their alleged roles in a conspiracy to distribute anabolic steroids via the dark web.
Named in the four-count indictment are: Ronald D. Roginsky, 52, of Brunswick; John M. Ambrose, 40, of Chicago, and Eric S. Angle, 52, of Wexford, Pennsylvania.
All three are charged with one count each of conspiracy to distribute controlled substances, conspiracy to import controlled substances, distributing controlled substances by means of the Internet, and conspiracy to launder money.
According to the indictment filed in U.S. District Court in Cleveland:
Roginsky, Ambrose and Angle were members of the “qu4ntum” drug trafficking organization. The organization maintained and controlled the qu4ntum dark net vendor account on AlphaBay, Dream Market, Wall Street and other dark net marketplaces.
The qu4ntum drug organization distributed anabolic steroids and other controlled substances over the dark web, websites and forums operating on the clear web and via person-to-person transactions, according to the indictment.
The organization used the qu4ntum account as an online storefront for the sale of anabolic steroids and other controlled substances. The group imported steroids from China and elsewhere and shipped the drugs to locations throughout the U.S.
They used the U.S. Postal Service, third-party shipping companies and hand-to-hand transactions as a means of distribution. They used various means to hide their identification as the shippers of drug parcels, including opening P.O. boxes under fictitious names, according to the indictment.
Sales of controlled substances were paid for using cryptocurrency, such as Bitcoin, and cash, according to the indictment.
If convicted, the defendants’ sentences will be determined by the Court after review of factors unique to this case, including each 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 case is being prosecuted by Assistant U.S. Attorneys Daniel Riedl and Segev Phillips following an investigation by the U.S. Postal Inspection Service, Federal Bureau of Investigation, Homeland Security Investigations, Internal Revenue Service – Criminal Investigations and the Medina County Drug Task Force.
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.
Shaker Heights man indicted violations related to improperly operating an incineratorRead the Press Release
A Shaker Heights man was indicted in federal court for violations related to improperly operating an incinerator.
Anthony Gray, 63, was indicted on one count of conspiracy to defraud the United States.
According to the indictment:
Gray was the co-owner of Lomack Drum Company (LDC), also known as L. Gray Barrel & Drum and Gray Container LLC. The company was located in Cleveland and reconditioned metal drums.
Gray served as operations manager and sales manager, while another person, identified in court documents as Owner 2, served as environmental manager and maintenance manager.
Some drums were passed through an incinerator at the facility as part of the reconditioning process. The contents of the drums were burned out as they passed through the incinerator. The incinerator had to be operated above a certain temperature, otherwise incomplete combustion would occur, producing dioxins and furans.
A temporary restraining order was issued in 2009 ordering LDC to cease operations of the incinerator at its facility. Gray and Owner 2 agreed to several new conditions with the operation of the incinerator, including testing the incinerator in the presence of an inspector demonstrating it could operate about 1,600 degrees Fahrenheit, according to indictment.
Gray and Owner 2 scheduled compliance demonstrations with inspectors but the incinerator did not maintain the required operating temperature. To date, LDC has not demonstrated the incinerator can be operated according to its permit.
Gray and Owner 2 directed and were aware the incinerator operated at night, concealing violations of the facility’s permit. Gray and Owner 2 also lied to authorities about operating the incinerator, according to the indictment.
Gray and Owner 2, as well as LDC employees, operated the incinerator after dark and at night numerous times in 2013 and 2014. This included placing drums containing paints and solvents onto the conveyor belt going through the incinerator.
This resulted in the burning of several hundred drums to be burned every night the incinerator burned, causing flaming drums visible from several hundred feet away and at times emitted an offensive odor, according to the indictment, according to the indictment.
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 is being prosecuted by Assistant U.S. Attorney Brad J. Beeson following an investigation by U.S. EPA Criminal Investigation Division, Ohio Bureau of Criminal Investigation, and the Ohio EPA - Special Investigations Unit, with assistance from the Cleveland Division of Police, Cleveland Fire Department, and Cleveland Division of Air Pollution Control.
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.
Marion man charged with child exploitation after he allegedly induced a 13-year-old to engage sexual activityRead the Press Release
A Marion man was charged in federal court for child exploitation after he induced a 13-year-old to engage sexual activity.
Tyler Foreman, 21, was charged via criminal information with one count of coercion and enticement of a minor and one count of receiving visual depictions of a minor engaged in sexually explicit conduct.
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 case is being prosecuted by Assistant U.S. Attorney Danielle K. Angeli following an investigation by the Federal Bureau of Investigation.
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.
Holmes County company fined more than $165,000 for refusing to allow FDA investigators to inspect its facilitiesRead the Press Release
A Holmes County company that advertised it manufactured tinctures, salves and herbal formulas was fined more than $165,000 for refusing to allow FDA investigators to inspect its facilities.
Precision Herbs LLC was ordered to pay a fine of $166,965 –- which represented the profits of their business after they refused FDA Inspection. Original Design Wellness was fined $2,000. Company officials Sharon Overman and Eric Pierce were both sentenced to six months of probation and ordered to pay a $2,000 fine.
All parties previously pleaded guilty to one count of refusal of inspection and one count of introduction of adulterated drugs and devices.
According to the criminal information filed in U.S. District Court:
Precision Herbs advertised it manufactured “alcohol-based tinctures, salves and vegetable-based encapsulations of unique herbal formulas” that “address(ed) individual wellness needs and improved daily living.”
Original Design Wellness Center was associated with Precision Herbs and distributed Precision Herbs’ products. Overman, 75, and Pierce, 50, owned both companies.
The FDA obtained a warrant on January 15, 2016 to inspect Precision Herbs’ facilities in Killbuck and Millersburg, Ohio. Original Design Wellness Center was operated out of the Millersburg facility.
FDA investigators, accompanied by U.S. Marshals, attempted to conduct an inspection of both locations on January 21, 2016. Overman and Pierce refused the inspection of the Millersburg facility. Pierce initially allowed the inspection of the Killbuck facility until a third party arrived and disrupted it. Pierce allowed the disruption and the inspection was terminated.
The companies, Overman and Pierce continued to sell products that were manufactured from a location that refused to permit inspection by the FDA. This took place between January 21, 2016 and May 24, 2017.
“Today’s announcement demonstrates that those who purposely subvert the regulatory functions of the FDA by obstructing inspections will be held accountable for their actions,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations, Metro Washington Field Office. “We value the efforts of the Department of Justice for vigorously pursuing the prosecution of this matter.”
This case was investigated by the FDA and prosecuted by Assistant U.S. Attorney Alejandro Abreu.
Couple Who Worked at Local Research Institute for 10 Years Charged with Stealing Trade Secrets, Wire FraudRead the Press Release
A former Dublin, Ohio, couple has been charged with crimes related to stealing exosome-related trade secrets concerning the research, identification and treatment of a range of pediatric medical conditions announced Assistant Attorney General John C. Demers of National Security, U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio, Assistant Director John Brown of the Counterintelligence division and FBI Special Agent in Charge Todd Wickerham of the Cincinnati division.
“Nationwide Children’s Hospital devoted years of work and its own money to researching exosomes in order to promote honorable medical advances,” U.S. Attorney Glassman said. “The hospital’s Research Institute took reasonable measures to keep its trade secrets secret. I commend the cooperation of Nationwide Children’s throughout this investigation.”
“The theft of trade secrets is a growing threat that severely impacts our economy and our national security,” stated FBI Cincinnati Special Agent in Charge Todd Wickerham. “The FBI is committed to investigating these cases and working with all of our partners to protect intellectual property.”
According to the indictment, Yu Zhou, 49, and Li Chen, 46, currently of San Diego, California, conspired to, attempted to and did steal scientific trade secrets related to exosomes and exosome isolation from Nationwide Children’s Hospital’s Research Institute for their own personal financial gain.
The defendants were arrested in July and the case was unsealed today at the defendants’ arraignments in federal court in Columbus at 2pm before U.S. District Judge Sarah D. Morrison.
Zhou and Chen are spouses who worked in separate medical research labs at the Research Institute for 10 years each (Zhou from 2007 until 2017 and Chen from 2008 until 2018). Exosomes play a key role in the research, identification and treatment of a range of medical conditions, including necrotizing enterocolitis (a condition found in premature babies), liver fibrosis and liver cancer.
The husband and wife allegedly founded a company in China in 2015 without the hospital’s knowledge. While Zhou and Chen continued to be employed by Nationwide Children’s, they marketed products and services related to exosome isolation through their Chinese company.
The indictment also alleges that in 2017, Zhou and Chen helped co-found an American biotechnology company. As of 2019, the company’s website advertises multiple products and services related to exosome isolation, including a kit that was developed from a trade secret created at a Nationwide Children’s research lab.
Zhou and Chen allegedly used the hospital’s Research Institute resources and equipment to conduct the exosome research necessary for their unauthorized, outside work.
In November 2017, Zhou and Chen allegedly received more than $876,000 and stock related to an asset purchase agreement involving the American biotechnology company. It is also alleged Zhou entered into a stock purchase agreement with that same company under which he would receive $450,000.
Zhou resigned from the Research Institute at Nationwide Children’s, effective Nov. 10, 2017. On Jan. 31, 2018, Chen resigned from her position at the research institute.
Before his official last day of employment with the research institute, Zhou allegedly participated in a press release announcing the American company’s plans to market and distribute “proprietary exosome isolation systems” from its headquarters in Central Ohio.
Conspiring to, attempting to and committing theft of trade secrets is punishable by up to 10 years in prison. Conspiring to, attempting to and committing wire fraud carries a potential maximum sentence of up to 20 years in prison.
Assistant Attorney General Demers and U.S. Attorney Glassman commended the investigation of this case by the FBI, as well as Assistant United States Attorneys S. Courter Shimeall, Peter Glenn-Applegate and J. Michael Marous and National Security Division trial attorney Matthew J. McKenzie, who are prosecuting the case.
An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.
Ten people indicted for their roles in a conspiracy in which the leader allegedly controlled large shipments of fentanyl stamped into pills, heroin, cocaine and other drugs from Mexico to Cleveland while using a cellular phone smuggled into prisonRead the Press Release
Ten people were indicted for their roles in a conspiracy in which the leader allegedly controlled large shipments of fentanyl stamped into pills, heroin, cocaine and other drugs from Mexico to Cleveland while using a cellular phone smuggled into his prison cell.
Named in the 17-count indictment filed in U.S. District Court in Cleveland are: Jose Lozano-Leon, 41, a Mexican citizen who was living in Painesville; Mario Hernandez-Leon, 31, of Mexico; Clemente Gutierrez-Meraz, 27, of Mexico; Lorne Franklin, 45, of Cleveland; Leevern Coleman, 49, of Bedford; Belen Orozco-Sigala, 36, of Painesville; Najee Amir Evans, 28, of Cleveland; Troy Pinnock, 47, of Cleveland; Damon Bybee, 60, of Garfield Heights, and Montez Vanburen, 38, of Cleveland.
All ten are charged with conspiracy to distribute controlled substances.
“The lead defendant is accused of running an international drug trafficking organization from a jail cell in Ohio,” U.S. Attorney Justin Herdman said. “He has come to this country illegally and allegedly made his living selling the same kinds of drugs that are killing our friends and neighbors. He is an importer of pain and will be prosecuted accordingly.”
“Arrests like these are saving lives," said DEA Detroit Field Division Special Agent in Charge Keith Martin. "In Ohio and other parts of the country, we are seeing an increase in these blue pills that at first glance appear to be legitimately produced oxycodone, but in fact are laced with fentanyl. By working collaboratively with our law enforcement partners, we are getting members of this drug trafficking organization off the streets where they can no longer push these lethal drugs into our communities.”
“Carfentanil is 10,000 times more powerful than morphine -- a speck the size of a grain of sand may be fatal,” Ohio Attorney General Dave Yost said. “Our communities are exponentially safer thanks to the work of this task force.”
According to the indictment and related court documents:
Lozano-Leon (“Lozano”) is alleged to be the leader of the Lozano drug trafficking organization. Lozano is indicted in October 2018 for illegal reentry. He was found to be in the United States on October 17, 2018, after having been deported in 2017. Lozano pleaded guilty to that charge earlier this year and was sentenced to 18 months in federal prison. He was incarcerated at the Northeast Ohio Correctional Center (NEOCC) in Youngstown.
Beginning at least in November 2018, Lozano allegedly used a smuggled, contraband cellular telephone to communicate with other defendants and manage the Lozano drug trafficking organization from his prison cell at NEOCC.
Lozano spoke frequently with the co-defendants and others to arrange shipments of drugs from Mexico and other locations to Cleveland, for distribution in Northeast Ohio. The group allegedly specialized in pills containing fentanyl and/or fentanyl analogues but which appeared to be prescription oxycodone, according to the indictment.
The group also allegedly trafficked heroin, methamphetamine, cocaine and marijuana, according to the indictment.
Hernandez-Leon (“Hernandez”) allegedly obtained drugs for the organization in Mexico and arranged for them to be smuggled into the United States and sent to co-conspirators in Northeast Ohio. He often traveled between Tijuana and San Diego to receive drug proceeds and deliver payments to suppliers in Mexico, according to the indictment.
Gutierrez-Meran (“Gutierriez”) operated from Mexico and arranged for shipments of drugs and transfers of money, according to the indictment.
Franklin received shipments of drugs in Cleveland arranged by Lozano, which he then sold the drugs in the Cleveland area. He also arranged for cash drug proceeds to be sent to Arizona, California and Mexico, according to the indictment.
Coleman, while incarcerated at a federal prison in Michigan, helped Lozano communicate with and direct actions of the co-conspirators, including Franklin, according to the indictment.
For example, shortly after midnight on April 11, 2019, Lozano and Gutierrez texted about a shipment of pills Gutierrez sent to a location in Cleveland. Minutes later, Lozano texted Franklin: “TOMORROW DA SKITTLES (fentanyl pills) ARRIVE AT (an address in Cleveland) AROUND NOON. WE GOTTA GET PAPER (money) ASAP SO WE CAN PAY EVERYBODY UP,” according to the indictment.
Later that day, Lozano and Franklin discussed via text the arrival of 5,000 fentanyl pills and that they needed to pay $27,500 for the drugs, according to the indictment.
On April 29, 2019, Lozano and Hernandez spoke by phone. Lozano explained he had recruited a driver who entered the U.S from Mexico and would drive drugs from San Diego to Cleveland, according to the indictment.
Lozano, on April 26, 2019, had a discussion by phone with another person about how strong Lozano wanted the fentanyl pills to be on a scale of one to ten. Lozano requested the pills by about an eight or nine, stating he did not want any “issues” (overdoses), according to the indictment.
Franklin, on June 16, 2019, had a conversation with an unidentified woman who asked Franklin why he wanted to be near Union Avenue. Franklin responded: “I sell drugs out there on Union. I sell drugs. I make my money on Union. That’s [what] I do on Union.” He later continued, “I sell (expletive) drugs! I’ve been selling drugs since 1992! I’ve been [at] the same (expletive) spot since 1992,” according to the indictment.
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 Drug Enforcement Administration, Ohio Bureau of Criminal Investigation, U.S. Postal Inspection Service, U.S. Customs and Border Protection, Ohio State Highway Patrol, Cleveland Heights Police Department, Lake County Narcotics Drug Task Force, Cleveland Division of Police, Euclid Police Department, Cuyahoga County Sheriff’s Department, U.S. Marshal Service and Northeast Ohio Correctional Center. It is being prosecuted by Assistant U.S. Attorney Elliot Morrison.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The OCDETF Program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking, money laundering and violent criminal organizations operating domestically and internationally. The principle mission of the OCDETF Program is to identify, disrupt and dismantle the most serious drug trafficking, money laundering and violent criminal organizations and those primarily responsible for the nation’s drug supply.
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.
Lorain man was indicted for using firearm to rob gas station in Sheffield Village this summerRead the Press Release
A Lorain man was indicted for an armed robbery of a gas station this summer.
Evin Ballard, 19, was indicted for on one count of Hobbs Act robbery and one count of using a firearm during a crime of violence.
Ballard used a handgun when he robbed the BP Gas station at 5219 Detroit Road in Sheffield Village on July 13, 2019, according to the indictment.
This case was Investigated by Sheffield Village Police Department and the FBI and is being prosecuted by Assistant U.S. Attorney Scott Zarzycki.
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.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Elyria man sentenced to more than 12 years in prison for drug trafficking and firearms convictionRead the Press Release
An Elyria man was sentenced to more than 12 years in prison for drug trafficking and unlawful possession of a firearm.
Joshua Novak, 28, was sentenced to 151 months in prison. He previously pleaded guilty to two counts of distribution of crack cocaine, one count of distribution of a mixture of heroin and fentanyl, one count of possession with intent to distribute a mixture of heroin and fentanyl, one count of possession with intent to distribute crack cocaine, and one count of being a felon in possession of a firearm.
Novak sold crack cocaine and a mixture of heroin and fentanyl on multiple occasions in February of 2019, according to court documents. On February 19, 2019, when police executed a search warrant at his residence, they located nearly 7 grams of a mixture of heroin and fentanyl, a firearm, ammunition, and other drug trafficking tools.
During his sentencing hearing, Novak was found by the court to be a career offender under the United States Sentencing Guidelines, having previously been convicted of at least two felony offenses of either a crime of violence or a controlled substance offense.
This case is one of nearly eighty prosecuted as part of Operation Synthetic Opioid Surge (SOS), in which any cases involving heroin, fentanyl or any synthetic opioid are prosecuted in federal court. Lorain County is one of 10 communities around the nation selected as a pilot for Operation SOS. The program demonstrates the Justice Department’s continued to commitment to working with local partners to make our community safer by targeting those offenders who have made a career of drug trafficking.
This case was investigated by the Elyria Police Department and FBI, with assistance from the Lorain County Prosecutor's Office, and was prosecuted by Assistant U.S. Attorneys Robert Corts, Vasile Katsaros, and Robert J. Kolansky.
Youngstown physician indicted in federal court on sex trafficking charges involving minors as young as 12 years oldRead the Press Release
A Youngstown physician was indicted in federal court on sex trafficking charges involving minors as young as 12 years old.
Albert Aiad-Toss, 52, was indicted on four counts of sex trafficking of a minor and one count of production of child pornography.
Aiad-Toss is allegedly to have used force, threats of force, fraud or coercion to cause three minor victims to engage in commercial sex acts at various points in June 2019. The victims ranged in age from 12 to 14 years old, according to the indictment.
Aiad-Toss is also alleged to have induced a 15-year-old girl to engage in sexually explicit conduct for the purpose of producing a visual depiction of the conduct. This took place on June 29, 2019, according to the indictment.
“This defendant is accused of sexually assaulting children as young as 12 years old,” said U.S. Attorney Justin Herdman. “Those who prey upon children and other vulnerable victims will be held accountable for their actions.”
“The abuse of a child is despicable and incomprehensible. Individuals such as Dr. Toss who allegedly choose to engage in sex acts with minors and sharing sexually explicit photos of children will face a court of law,” said FBI Special Agent Eric B. Smith. “Law enforcement will continue our unceasing efforts to protect our most precious resource, our children."
“The charges brought against the defendant, Albert Aiad-Toss, are the product of the cooperation between Ashland law enforcement agencies, my office and the federal authorities,” said Ashland County Prosecutor Christopher Tunnell. “This case is prime an example of what happens when all the relevant criminal justice agencies act with the singular focus of keeping our children safe from predatory exploitation.”
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 Federal Bureau of Investigation, the Ashland Police Department and the Mansfield Police Department. It is being prosecuted by Assistant U.S. Attorney Ranya Elzein and First Assistant U.S. Attorney Bridget M. Brennan with the assistance of Ashland County Prosecutor Christopher Tunnell.
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.
Toledo man indicted on cocaine and firearms chargesRead the Press Release
A Toledo man was indicted on drug and firearms charges.
Ronnie Robinson, 32, was indicted on one count of possession of cocaine with the intent to distribute and one count of being a felon in possession of a firearm.
Robinson possessed on July 9 cocaine and a Ruger 9 mm pistol, despite a previous conviction for trafficking fentanyl, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the Toledo Police Department and the Federal Bureau of Investigation. Assistant U.S.s Attorney Matthew D. Simko is prosecuting the case.
This case was prosecuted as part of Project Safe Neighborhoods, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN was reinvigorated in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
An indictment is only a charge and is not evidence of guilt. The burden of proof is always on the government to prove a defendant guilty beyond a reasonable doubt.
Toledo man indicted for allegedly selling fentanyl and other drugs that resulted in a fatal overdose on New Year’s EveRead the Press Release
A Toledo man was indicted for allegedly selling fentanyl and other drugs that resulted in a fatal overdose on New Year’s Eve.
Bryan Mays, 30, was indicted on one count of distribution of a controlled substance. The charge comes with a potential sentencing enhancement for causing death.
Mays, aka Sipp Nolte, sold a mixture of fentanyl, acetyl fentanyl and Tramadol on December 30, 2018, according to the indictment.
The next day, a person identified in court documents as C.L. ingested the drugs and died, according to the indictment
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorneys Thomas P. Weldon and Michael J. Freeman.
An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Putnam County man indicted after allegedly filing income tax returns over three years that understated his income by more than $1.7 millionRead the Press Release
A Putnam County man was indicted in federal court after allegedly filing income tax returns over three years that understated his income by more than $1.7 million.
Jeffrey J. Blanford, 47, of Kalida, was indicted on three counts of tax evasion.
According to the indictment:
Blanford stated his taxable income for 2013 was $106,972, when, in fact, he knew it was $491,613.
Blanford stated his taxable income for 2014 was $148,236, when, in fact, he knew it was $700,150.
Blanford stated his taxable income for 2015 was $91,614, when, in fact, it was $899,560.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the Internal Revenue Service-Criminal Investigations. The case is being prosecuted by Assistant U.S. Attorneys Gene Crawford and Michael J. Freeman.
An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.