Northern District of Ohio

A three-count indictment was filed charging a Maple Heights man with distributing heroin, said Acting U.S. Attorney Carole S. Rendon.

Rodney A. Haynes, 34, sold heroin on three occasions in the fall of 2015, according to the indictment.

Prosecutors are seeking to seize more than $12,000 in cash seized as part of the investigation.

This case is being prosecuted by Assistant U.S. Attorneys Marisa Darden and Margaret Sweeney following an investigation by the Drug Enforcement Administration.

If convicted, the defendant’s sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense, and the characteristics of the violation.

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.   

A 14-count indictment was filed charging a Toledo man for sexually exploiting minors, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio.

Steven Calmes, 37, was charged with eight counts of sexual exploitation of a minor, five counts of coercion and enticement and one count of receipt of material involving the sexual exploitation of a minor.        

Calmes targeted several girls between the ages of 10 and 14 over the internet and convinced them to send nude picture of themselves to him, or appear naked on a web camera for him. This took place numerous times between 2012 and 2014, according to court documents.

An examination of electronic devices seized during a search revealed 70 videos that constituted child pornography. Calmes used real-time text messages to direct the minor females to engage in sexually explicit conduct, according to court documents.

Several minor victims have been identified, including females as young as eight years old, including victims in Alabama, Ohio, Pennsylvania and Michigan, according to court documents.

Calmes interacted with another child victim who he tried to convince to meet him in person for “more fun.” In another video, Calmes convicted another victim to become fully naked on the web chat. Calmes created a plan to meet this victim at her school, 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 investigating agency in this case is the United States Secret Service, with the assistance of the Toledo Police Department.  The case is being handled by Assistant United States Attorney Alissa M. Sterling.

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.

 

A criminal information was filed charging Trashon Autman, 19, of Toledo, with transportation of a minor to engage in prostitution, said Carole S. Rendon, Acting U.S Attorney for the Northern District of Ohio.

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 agencies in this case are the Toledo Police Department and the Federal Bureau of Investigation as part of the Northwest Ohio Violent Crimes Against Children Task Force.  The case is being handled by Assistant United States Attorney Michael J. Freeman.

An information 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.

A jury convicted a traveling minister from Arkansas on all 14 counts for his role in a $4.8 million tax refund scam, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio, and Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.

Allen D. Miles, 58, of Little Rock, Arkansas, is scheduled to be sentenced June 13. He was convicted of one count of conspiracy to commit wire fraud, 10 counts of wire fraud and three counts of aggravated identity theft.

Miles, acting with Zinara Highsmith, engaged in a false tax refund scheme in which approximately 2,750 false income tax returns were filed, claiming false income tax refunds of approximately $4.8 million.

Miles obtained personal identification information from congregants and others by telling them that he could help them obtain money from an alleged government stimulus fund program. Miles did not tell congregants that income tax returns were going to be filed on their behalf. After he obtained the information, Miles forwarded it to Highsmith, and then Highsmith and others created the false income tax returns that generated refunds based on certain credits for which the taxpayers did not qualify, like the American Opportunity Credit, Making Work Pay Credit, and Earned Income Credit, according to trial testimony and court documents.

For each refund, Miles collected a $125 commission and Highsmith received $275; the taxpayers received the balance. Miles received approximately $300,000 for his efforts in the refund scam, which operated between March and July 2011, according to trial testiony and court records.

"This defendant traveled the country defrauding people and the goverment," Rendon said. "He took advantage of their religious faith and their faith in the government to enrich himself."

"Misusing his position of trust as a minister, Mr. Miles perpetuated an elaborate scheme driven by insatiable greed and a blatant disregard for the tremendous damage inflicted on innocent victims. The jurors have spoken and Mr. Miles is being held accountable for his criminal actions," Enstrom said.  "Individuals who commit refund fraud and identity theft of this magnitude and with this degree of trickery, dishonesty and deceit, deserve to be punished to the fullest extent of the law.  IRS Criminal Investigation, along with the United States Attorney's Office, remain vigilant in identifying, investigating and prosecuting those individuals who seek to willfully defraud the United States Treasury and blatantly disregard the victims of their schemes."

Highsmith has pleaded guilty to her role in the conspiracy and is scheduled to be sentenced later this year.

This case is being prosecuted by Assistant U.S. Attorneys Michael L. Collyer and Carmen Henderson, following an investigation by the Internal Revenue Service – Criminal Investigations.

Four people were indicted in federal court on charges of conspiring to possess with intent to distribute at least 20 pounds of marijuana and nearly 20 pounds of MDMA, law enforcement officials said.

Indicted are: Rinald Turhani, 37, of Macomb, Mich.; Denisa Alicka, 26, of Rocky River; Jonida Alicka, 28, of Rocky River, and Leka Konini, 46, of Canton, Mich.

The indictments follow a joint investigation of multiple sales of MDMA and marijuana by the  Alicka sisters from their residences and vehicles between September 2014 and March 2016. Investigators determined the Alickas obtained MDMA and marijuana through Turhani and Konini. Jonida Alicka also obtained MDMA from her boyfriend who resides in Canada, according to court documents.

Denisa Alicka travelled to Michigan on several occasions to pick up the narcotics and transport them back to Ohio. Jonida Alicka, a reserve police officer with the Linndale Police Department, traveled to New York to pick up MDMA and transport it back to Ohio. Denisa and Jonida Alicka distributed the narcotics throughout the Northern District of Ohio, according to court documents.

This case is being prosecuted by Assistant U.S. Attorneys Robert F. Corts, Marissa Darden and Antoinette T. Bacon following an investigation by the FBI, Cleveland Division of Police, Ohio HIDTA, Parma Police Department, Rocky River Police Department and US Border Patrol.

If convicted, the defendant’s sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense, and the characteristics of the violation.

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.            

A former East Cleveland police sergeant was sentenced to nine years in prison for her role in a conspiracy in which she kept thousands of dollars from alleged drug dealers, much of which was seized through illegal searches and fabricated reports, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office.

Torris Moore pleaded guilty late last year to one count each of conspiracy against rights, Hobbs Act conspiracy and false statements to law enforcement and two counts of theft concerning programs receiving federal funds.

Officers Antonio Malone and Eric Jones both previously pleaded guilty to one count of conspiracy against rights and one count of Hobbs Act conspiracy. They are scheduled to be sentenced Monday.

“This police supervisor betrayed her badge and her community,” Rendon said. “She profited from the drug trade that has devastated the city she swore to protect. She has earned every day of this prison sentence through her criminal behavior.”

“Torris Moore acted like a cunning criminal rather than an honorable public servant who swore to protect and serve,” Anthony said. “She will now serve time behind bars for her reprehensible, unlawful conduct.”

Moore, of South Euclid, was a sergeant at the East Cleveland Police Department, where he supervised the Street Crimes Unit. Malone, of Cleveland, and Jones, of Cleveland Heights, were detectives assigned to the Street Crimes Unit. The unit, including Moore, Malone and Jones, were familiar with several drug traffickers, according to court documents.

From 2012 through June 2014, the defendants conspired to unlawfully enter premises and exceed the scope of lawful entry, thereafter conducting unlawful searches and seizures, used their power to seize money and property for themselves under the guise of legitimate search warrants, and created and approved false reports, affidavits and other documents to conceal their illegal searches and seizures, according to court documents.

These illegal searches took place in East Cleveland but also outside city limits, in various locations throughout Greater Cleveland. The conspirators placed false and inaccurate information in police reports, which Moore reviewed, knew was incorrect, but she failed to correct the inaccuracies. This false information was used to obtain search warrants, according to court documents.

The conspirators seized money and property during these searches, and diverted some of the seized money and property for their own use. Malone provided false information to the Cuyahoga County Prosecutor’s Office about certain investigative techniques in order to conceal their illegal conduct, including attributing information to a confidential informant that did not exist, according to court documents.

For example, on Sept. 10, 2012, Jones presented an affidavit to an East Cleveland Municipal Judge, which the conspirators knew contained false and misleading statements. The judge, unaware of false information, issued a search warrant for a home on Sheldon Avenue. Moore, Malone, Jones and another officer then executed the search warrant and seized $20,000. On Sept. 11, Moore, Malone and Jones met at a park in East Cleveland and divided a portion of the $20,000, which each officer receiving between $2,000 and $3,000. Jones then authored a report reflecting that they had seized a total of $11,173, according to court documents.

On June 20, 2013, SCU officers, including Moore, searched a home on East 85th Street. Malone, without a search warrant, forced his way into a room that was secured by a padlock and seized approximately $100,000 in cash. Moore, Malone and Jones removed a portion of the cash before causing the remainder to be secured in the East Cleveland Police Department’s evidence room. Later that day, the three officers met at an East Cleveland park and divided the money, with each receiving about $10,000. Malone later wrote the search resulted in the recovery of $74,670, according to court documents.

On June 19, 2014, Malone encountered a parked car driven by a known drug trafficker, identified in the indictment only as M.M. Malone arrested M.M., who told the officer he had approximately $11,000 or $12,000 in the car’s glove box. Malone agreed to release M.M. but insisted on towing the car. Malone said: “I looked out for you. You gotta look out for me,” before instructing M.M. to get the cash from the glove box but to leave behind $3,000. Malone removed $3,000 from M.M.’s car but did not list the money when he completed the vehicle’s inventory form, according to court documents.

This case is being prosecuted by Assistant U.S. Attorney Edward F. Feran following an investigation by the Federal Bureau of Investigation – Cleveland Division, with assistance from the East Cleveland Police Department and Cuyahoga County Prosecutor’s Office.

A grand jury returned an indictment charging Anthony J. Natale, 37, of Warren, with one count of conveying false information related to the use of a weapon of mass destruction, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office.

Natale mailed an envelope containing white powder via the United States Postal Service to American Business Center, at 7677 South Avenue, Youngstown, on November 10, 2014.  This was done with the intent to convey false and misleading information related to the use of a weapon of mass destruction, according to the indictment.

Natale formerly worked at American Business Center. He was terminated on Oct. 6, 2014, according to court documents

“This defendant scared employees at his former workplace who opened an envelope containing white powder that they thought was a toxin,” Rendon said. “He caused panic, fire, police and HazMat units were forced to respond, and his former employer was forced to close their operations for more than two days. Mr. Natale will be held accountable for his actions.”

“There are appropriate, lawful avenues to express your displeasure at work, and inducing panic by sending what is believed to be a weapon of mass destruction is not one of them,” Anthony said. “The FBI will continue efforts to identify and protect the public from threats such as the one perpetrated by Mr. Natale.” 

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to his 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 Justin Seabury Gould, and was investigated by the Federal Bureau of Investigation and Mahoning County Sheriff's Office. 

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

A Virginia executive was sentenced to nearly three years in prison for providing things of value to the former director of the Cleveland and Dayton Veterans Affairs Medical Center in exchange for confidential information about VA construction projects, law enforcement officials said.

Mark S. Farmer, 55, of Arlington, Virginia, was convicted by a jury last year on one count of conspiracy, one count of violating the Hobbs Act, two counts of wire fraud, six counts of mail fraud and four counts of theft of government property.

U.S. District Judge Sara Lioi sentenced Farmer to 33 months in prison and fined him $12,500.

Farmer was employed at CannonDesign, an integrated design firm headquartered in Buffalo, New York, that performed work for the VA. He worked in several different capacities, including associate principal.

Farmer and CannonDesign received VA records and things of value, including non-public information concerning the VA and streamlined access to public information concerning the VA, which William Montague had embezzled and stolen without authority from the VA. This was done to give Farmer and CannonDesign an advantage over other companies in the awarding and administration of VA business, according to court documents and trial testimony.

Montague, the former director of the Cleveland and Dayton Veterans Affairs Medical Center, previously pleaded guilty to 64 counts related to his role in the conspiracy.

“Bribing a public official to obtain internal government documents and information for a competitive business advantage is illegal,” said Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland Office. “The FBI will continue to root out corruption at all levels.”

“This prison sentence shows VA contractors will be held accountable for defrauding our nation’s veterans,” said Gavin McClaren, U.S. VA OIG, Resident Agent in Charge, Cleveland.

Farmer asked Montague to obtain information concerning VA contracts and business, including VA records. Montague used his power and influence at the VA to gain access to VA employees in ways that Farmer could not. Montague gave false and misleading information to VA employees about Montague’s reasons for requesting VA records and information, according to court records and trial testimony.

 The case was prosecuted by Assistant United States Attorneys Antoinette T. Bacon and Paul Flannery following an investigation by the FBI and United States Department of Veterans Affairs—Office of Inspector General.

A federal grand jury returned a one-count indictment charging Terrance Bonner, 44, with possession of a prohibited object by a federal inmate, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio.

The indictment alleges that on or about October 5, 2014, Bonner, an inmate in the Elkton Federal Correctional Institution, possessed AB-FUBINACA, a controlled substance.

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 violations.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Elkton Federal Correctional Institution.  The matter is being prosecuted by Assistant United States Attorney Jason M. Katz.

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.

A Cleveland man was sentenced to three years in prison for fraudulently claiming nearly $140,000 in tax refunds, said Acting U.S. Attorney Carole S. Rendon and Kathy Enstrom, Special Agent in Charge, IRS-Criminal Investigation, Cincinnati Field Office.

Gerald D. Dotson, 45, previously pleaded guilty to three counts of making false claims.

Dotson filed a series of false tax returns during 2011, 2012 and 2013 claiming falsified wage income and tax credit information for individuals resulting in at least $139,675 in fraudulent refunds.

"As the tax-filing deadline approaches, this sentence should serve as a reminder that all of us are obligated to pay our fair share and not defraud the government," Rendon said.

“The nation’s tax system should not be seen as a free standing ATM for criminals to ransack at will for personal enrichment,” Enstrom said. “Honest taxpayers are the real victims with these schemes and IRS-CI will ensure those responsible are held accountable for their actions.”

Dotson was ordered to pay $139,675 in restitution.

The case is being prosecuted by Assistant U.S. Attorney M. Kendra Klump following an investigation by the Internal Revenue Service – Criminal Investigation.

A grand jury returned a three-count superseding indictment charging Ronnie L. Pratt, Jr., 20, with three counts of sex trafficking children, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office.

Pratt utilized the website backpage.com to advertise and traffic three minor girls, one of whom was under the age of 14 at the conduct began, according to court documents.

The conduct took place between July and November 2015, according to the indictment.

This case is being prosecuted by Assistant U.S. Attorneys Bridget M. Brennan and Carmen Henderson following an investigation by the Federal Bureau of Investigation.

If convicted, the defendant’s sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation.

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 Marion men pleaded guilty to selling a mixture of heroin and fentanyl that resulted in an overdose death last year, law enforcement officials said.

Eric Creagh, 32, and Rashawn D. Thomas, 27, each pleaded guilty to one count of drug trafficking that resulted in death.

Creagh sold Thomas “blue drop heroin” -- a mixture of heroin and fentanyl that had been dyed blue -- on May 22, 215. Later that day, Thomas sold a portion of the “blue drop heroin” to Christopher Wolford, who used the drug at his home, which ultimately caused him to overdose and die, according to court documents.

Creagh and Thomas are scheduled to be sentenced later this year. Under the terms of their guilty pleas, Creagh is expected to be sentenced to nearly 16 years in federal prison, while Thomas is expected to be sentenced to nine years in federal prison.

“Heroin and fentanyl abuse has caused on unprecedented wave of overdose deaths in our community over the past year,” said Acting U.S. Attorney Carole S. Rendon. “The only way we can stem this tide is with a comprehensive approach focused on prevention, treatment, prescribing practices and enforcement. Those who sell fentanyl and heroin that kills people deserve to go to prison.”

“On May 28, 2015 the City of Marion reached out to our federal and state partners asking for assistance with a Blue Drop Heroin overdose epidemic,” Marion Police Chief William Collins said. “Through combined efforts of our local drug task force, MARMET/METRICH, DEA, BCI and the US Attorney’s Office, an unprecedented 14-day investigation took place and resulted the arrests of Eric Creagh and Rashawn Thomas. These individuals were charged at the federal level in hopes that they would receive the kind of prison sentence that would fit the criminal offense, today we see our hopes fulfilled in that they will serve 16 years and 9 years respectively for their crimes against this community. Marion Law Enforcement will continue to seek harsh prison sentences for those whom seek to destroy our community.”

DEA Special Agent in Charge Timothy J. Plancon said: “DEA and our law enforcement partners have made it a priority to investigate the distribution of drugs that result in death. The efficiency in which this investigation was conducted, taking dangerous drug dealers off of the street, demonstrates the strong level of cooperation among all of our partners.  We are focused on bringing to justice those individuals that are responsible for the increasing heroin problem in Ohio and across the United States.” 

“I commend the work of the local, state, and federal authorities who worked so aggressively to get the supplier of this so-called ‘blue drop’ heroin off the streets,” said Attorney General DeWine.  “Drugs like heroin and fentanyl are devastating lives and tearing families apart every day in this state.  Traffickers must be held responsible, and investigators with my office’s Bureau of Criminal Investigation are available to work with local authorities anywhere in Ohio to help make that happen.”

Members of the Drug Enforcement Administration, the Marion Metro Drug Enforcement Unit (MARMET), the Marion Police Department and the Marion County Sheriff's Office executed search warrants at two homes owned by Creagh on June 10. Creagh was arrested and law enforcement agents recovered approximately one kilogram of a heroin/fentanyl mixture, blue fabric dye, a face mask with a filtration system and rubber gloves, two hydraulic presses and approximately $60,000 in cash, according to court documents.

This case is being prosecuted by Assistant U.S. Attorneys Michael Freeman and Thomas Weldon following an investigation by the Drug Enforcement Administration, MARMET, the Marion Police Department, the Marion County Sheriff's Office and the Ohio Bureau of Criminal Investigation.

The United States Attorney’s Office for the Northern District of Ohio indicted 126 people on firearms charges last year.

Broken down by geography in the district, the most people indicted came out of the Cleveland office, with 66. That was followed by the Youngstown office (23), Toledo office (19) and Akron office (18).

“Our office and our law enforcement partners will continue to work collaboratively to target the worst of the worst,” said Acting U.S. Attorney Carole Rendon. “These include people who carry firearms, ammunition and sometimes body armor despite prior felony convictions, or those who help prohibited people to obtain firearms.”

“ATF’s mission is to protect the public and serve our nation by combating violent crime,” said Donald J. Soranno, Special Agent in Charge of the Columbus Field Division. “We will continue our partnership with the U.S. Attorney’s Office and our federal, state, and local partners to strive to make our communities safer through the reduction of gun violence.”

Details of selected cases:

U.S. v. Jackson et. al.: Five men were indicted in federal court for a series of carjackings in Cleveland’s Tremont neighborhood, Kenneth Jackson, Jr., 19, of Cleveland; Tervon’tae Taylor, 22, of Cleveland Heights; D’wan Dillard, Jr., 19, of Cleveland; Antowine Palmer, 23, of Cleveland, and Calvin Rembert, 22, of Cleveland, face charges including carjacking and multiple counts of brandishing a firearm during a crime of violence. Palmer is also charged with being a felon in possession of a firearm. Conduct alleged in the indictment includes six different armed robberies that took place in July and August 2015. Their case is pending.

U.S. v. Jackson: Akira Jackson, of Boardman, was sentenced to more than 15 years in prison for illegally possessing a firearm and body armor. Jackson was arrested in March 2015 after police found a .40 caliber pistol, ammunition and body armor in Jackson’s possession. He was forbidden by law to carry a weapon following multiple prior convictions, including conspiracy to commit manslaughter.

U.S. v. Lumpkin: A former police officer was sentenced to five years in prison after a jury convicted him of illegally selling firearms to people he knew were felons. Kevin R. Lumpkin, of North Olmsted, sold  a Hi-Point .45-caliber rifle and a Ruger .380-caliber pistol on different occasions to people he knew were convicted of felonies and therefore forbidden from possessing a firearm. These sales took place between 2011 and 2013, when Lumpkin was a North Randall police officer.

U.S. v. Brooks: James E. Brooks, of Roaming Shores, was indicted on firearms and drug charges for possessing Walther, model P22, .22 Caliber Pistol; a Winchester, model 50, 12 gauge shotgun; and a Winchester, model 120, 12 gauge shotgun in August 2015. Brooks was forbidden from having firearms because of previous felony convictions including drug abuse, burglary, aggravated robbery with a firearm specification, felonious assault, escape, and felonious assault with a firearm specification. He is also charged with distributing crack cocaine and heroin. He is detained while his case is pending.

Operation Brownstone: Four people from the Cleveland area were indicted for federal firearms violations and 30 firearms seized as part of a long-term undercover investigation targeting gun and drug trafficking in Cleveland’s 4th Police District, on the city’s southeast side.

Firearm prosecution statistics for previous years:

2002: 117 indictments

2003: 155 indictments

2004: 184 indictments

2005: 220 indictments

2006: 187 indictments

2007: 191 indictments

2008: 157 indictments

2009: 156 indictments

2010: 166 indictments

2011: 218 indictments

2012: 176 indictments

2013: 207 indictments

2014: 167 indictments

                       

The co-owner of a sewage and plumbing business in Oakwood Village pleaded guilty this week to tax charges, law enforcement officials said.

Remo DiFranco is scheduled to be sentenced on June 16. He pleaded guilty to two counts of conspiracy to defraud the IRS.

DiFranco, along with two other people and the company where he worked, conspired between 2007 and 2012. DiFranco and other employees prepared checks to a company for specific amounts and falsely classified the payments as rent and material expenses. DiFranco and another executive signed and filed tax returns for years 2007 through 2011 knowing the tax returns understated the company’s income and overstated its expenses, according to court documents.

“Conspiring to impede the IRS by creating business checks for expenses that were not incurred and receiving a kickback from those fraudulent business checks is not tax savings, but rather a recipe for criminal prosecution,” said Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.

This case is being prosecuted by Assistant U.S. Attorney Antoinette Bacon following an investigation by the Internal Revenue Service – Criminal Investigations.

A federal grand jury indicted James J. Stites-Bray, 23, and Darnell E. Cosper, Jr., 18, both of Cleveland, for the armed robbery of a bank, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio.

The indictment alleges that on November 16, 2015, Stites-Bray and Cosper entered the Fifth Third Bank located at 972 East 185 Street in Cleveland, and robbed the bank of $5,983. Both men carried a handgun, which they brandished and used in furtherance of the bank robbery, accordign to the indictment.

Additionally, the indictment further alleges that on November 25, 2016, Stites-Bray was arrested with a .380 caliber pistol, which he could not legally possess due to a prior felony conviction.

The Federal Bureau of Investigation conducted the investigation in conjunction with the Cleveland Division of Police, the Lakewood Police Department and the RTA Police Department. The case is being prosecuted by Assistant United States Attorney Kevin R. Filiatraut.

If convicted, the defendants’ sentences 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.

 

A federal grand jury indicted 32 people for their roles in a $2 million food-stamp fraud conspiracy, said Acting U.S. Attorney Carole S. Rendon.

Count 1 of the indictment alleges that beginning in or around June 2010 and continuing to October 2014, the following individuals knowingly conspired to defraud the U.S. Department of Agriculture, Food and Nutrition Service, specifically the Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program. The objects of the conspiracy was to defraud SNAP by converting illegally obtained SNAP benefits into money that the defendants, their co-conspirators, and designees could use for any purpose and to enrich the defendants. Indicted are:

George Rafidi

Age: 61

Warren, OH

Charles R. Thomas

Age: 45

Youngstown, OH

Vincent E. Poyssick, Sr.

Age: 67

Youngstown, OH

Alecia D. Gayles

Age: 33

Youngstown, OH

Sophia L. Hendrix

Age: 37

Campbell, OH

Tashauna J. Grissett

Age: 27

Youngstown, OH

Donna S. Hendrix

Age: 42

Youngstown, OH

Katrina M. Haskins

Age: 32

Youngstown, OH

Deidra Wilson

Age: 29

Youngstown, OH

Faydra Spikes-Hill

Age: 36

Austintown, OH

Jennifer A. Lee

Age: 29

Youngstown, OH

Cheryle O’Neal

Age: 23

Warren, OH

Torrie L. Crump

Age: 40

Youngstown, OH

Yoletta S. Alvarado

Age: 39

Youngstown, OH

Tracey M. Eley

Age: 53

Youngstown, OH

Latise Mahinparvar

Age: 27

Youngstown, OH

Allison Harris

Age: 28

Youngstown, OH

Brittany N. Littlejohn

Age: 26

Youngstown, OH

Tshombe P. Miller

Age: 32

Youngstown, OH

Monique D. Sutton

Age: 32

Youngstown, OH

Lisa West

Age: 33

Youngstown, OH

Telisha Stanford

Age: 34

Youngstown, OH

Joann Averette

Age: 55

Youngstown, OH

Floyayeshia Robinson

Age: 25

Youngstown, OH

Herman L. Taylor, Jr.

Age: 46

Campbell, OH

Earlene Williams

Age: 41

Youngstown, OH

Doreen Mayberry

Age: 49

Youngstown, OH

Jessica Dickerson

Age: 28

Youngstown

Tiffany Williams

Age: 39

Boardman, OH

Harriett Randolph

Age: 49

Youngstown, OH

Jamalia Abrams

Age: 25

Unknown, OH

Tearra Dates

Age: 32

Boardman, OH

           

On or about March 18, 2010, George Rafidi filed articles of incorporation for Ghazy, LLC, doing business as Breaden Market, a convenience store located in Youngstown. On March 31, 2010, Rafidi completed and submitted a SNAP application for stores, for Breaden Market to the USDA Food and Nutrition Service.  Breaden Market then began operating in or about April 2010, according to the indictment.

It was part of the conspiracy that SNAP beneficiaries went to Breaden Market and obtained cash and prohibited items, such as alcohol and tobacco, in exchange for their SNAP benefits. Rafidi fraudulently redeemed SNAP benefits and caused money to be deposited into Breaden Market’s bank accounts, according to the indictment.

During the course of the conspiracy, Rafidi and Breaden Market submitted claims for more than  $2 million in fraudulently obtained SNAP benefits, according to the indictment.

Count 2 of the indictment alleges the above-named defendants knowingly acquired USDA FNS SNAP benefits through the use of Electronic Benefit Transfer cards in exchange for U.S. currency and other ineligible items.

If convicted, the defendants’ sentences 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 violations.  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 U.S. Department of Agriculture, Office of the Inspector General.  The matter is being prosecuted by Assistant United States Attorneys David M. Toepfer and Benedict Gullo.

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.

 

A two-count indictment was filed in federal court charging a Cleveland man with making threats against the President and a presidential candidate, said Acting U.S. Attorney Carole S. Rendon.

Jonathan W. Smead, 35, did knowingly and willingly make a threat to take the life of, and to inflict bodily harm upon and against the President of the United States on Feb. 28. Smead also knowingly and willingly made a threat to take the life of, and to inflict bodily harm upon Hillary Clinton on Feb. 28, according to the indictment.

According to a criminal complaint filed in the case:

On Feb. 28 at approximately 10:16 CST, the U.S. Secret Service, Chicago Field Office received a call, which was forwarded to the Secret Service’s Cleveland Office. The caller stated “I want to kill President Obama.” The caller continued to speak about past assassins including John Wilkes Booth and Lee Harvey Oswald. The caller then stated he “wants to kill Hillary Clinton.” The caller then identified himself as Jonathan Smead and provided is Social Security number, date of birth, and said he is living with his grandmother on Spring Road in Cleveland. Finally, Smead stated he “wants federal charges, not little state charges.”

Smead was interviewed on Feb. 29. He admitted to making the phone call and said he had been drinking alcohol prior to making the call. He said he does not wish harm on the President or Clinton. He stated he had recently been watching the television show “The West Wing” and he is very interested in past presidents, specifically Abraham Lincoln and John F. Kennedy. He stated he visited the Texas Book Depository years ago as a tourist. During a consensual search, agents located two books in Smead’s bedroom related to the Kennedy assassination.

This case is being investigated by the U.S. Secret Service, with assistance from the Cleveland Division of Police. It is being prosecuted by Assistant U.S. Attorney Kevin Filiatraut.

If convicted, the defendant’s sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense, and the characteristics of the violation.

An indictment is only a charge and 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.

A two-count indictment was filed in federal court charging a Cleveland man with distributing fentanyl that killed a woman last year, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio.

Robert J. Johnson, 26, was indicted on two counts of distribution of fentanyl. The charges stem from sales of fentanyl that took place on Aug. 25 and 27, 2015. The Aug. 25 sale resulted in the death of another person, according to the indictment.

That count carries a sentencing enhancement that can result in a 20-year mandatory minimum penalty.

“Fentanyl abuse has caused on unprecedented wave of overdose deaths in our community over the past few weeks,” Rendon said. “The only way we can stem this tide is with a comprehensive approach focused on prevention, treatment, prescribing practices and enforcement. And on the enforcement side, we will continue to aggressively prosecute those who continue to peddle this poison in our community.”

“The heroin epidemic affects not only those who fall victim to drug abuse, but family members, friends, and the community as a whole,” Cleveland Police Commander Gary Gingell said. “Now more than ever it is imperative that those trafficking in heroin are held accountable for their actions as they are responsible for not only promoting drug use, but for the deaths of these victims. I am proud to say that the Cleveland Division of Police partners with the United States Attorney’s Office to ensure that these cases are prosecuted to the fullest extent of the law.” 

This case is being prosecuted by Assistant U.S. Attorney Vasile Katsaros following an investigation by the Cleveland Division of Police, with assistance from the Cuyahoga County Medical Examiner’s Office.

If convicted, the defendant’s sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense, and the characteristics of the violation.

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.

A Virginia man was charged in federal court with enticement of a minor and traveling with intent to engage in illicit sexual conduct, law enforcement officials said.

David Lee Boesen, 33, of Hampton, Virginia, was arrested last week at Cleveland Hopkins International Airport after he traveled to Cleveland in order to meet and engage in sexual activity with what he believed to be a 14-year old girl.

From September 2015 through March 2016, Boesen engaged in dozens of sexually explicit conversations over Facebook messaging and through phone conversations with what he believed to be a female child, according to court documents.

Boesen sent numerous images of pornography, and mailed several gifts, including panties, marshmallow hearts, Skittles, cash, a pink stuffed bear holding a heart with the word “Princess” and more candy. He also repeatedly asked what he believed to be a 13-year-old girl (and later, a 14-year-old) to send him explicit images of herself and to promise to engage in sexual conduct with him, according to court documents.

On March 6, Boesen indicated his mother was concerned about him going to Ohio to meet a girl because he had previously been in trouble for meeting an underage girl. The undercover agent suggested that maybe they should not meet if Boesen had concerns. He responded that he was not scared and that he would be together with her forever, according to court documents.

A public records search revealed Boesen’s address and that he is a registered sex offender, according to court documents. 

This case is being prosecuted by Assistant U.S. Attorney Carol M. Skutnik following an investigation by the Ohio Internet Crimes Against Children Task Force and U.S. Immigration and Customs Enforcement – Homeland Security Investigations.

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.

An charges 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.

A man from Warren, Ohio, and an Indiana man pleaded guilty to defrauding banks out of approximately $2.5 million through fraudulent short sales of gas stations in the Youngstown area and by other means, law enforcement officials said.

Shaukat Sindhu, 56, of Warren, and Tahir Iqbal, 48, of Crown Point, Indiana, are scheduled to be sentenced June 21.

Iqbal pleaded guilty to two counts of conspiracy to commit bank fraud and three counts of bank fraud.  Sindhu pleaded guilty to two counts of conspiracy to commit bank fraud, one count of corrupt interference with the administration of the Internal Revenue Service, and one count of marriage fraud.

“These defendants took advantage of a program designed to help troubled property owners and instead gamed it to enrich themselves,” Acting U.S. Attorney Carole Rendon said. “They will deservedly be trading their mansion for a prison cell.”

"These two defendants have accepted responsibility for structuring real estate transactions that defrauded banks out of millions of dollars and lined their personal pockets," said Stephen D. Anthony, Special Agent in Charge of the FBI's Cleveland Office. "The FBI will continue to hold fraudsters like these accountable for their criminal actions."       

“Attempting to skirt your income tax obligations by using multiple Social Security numbers, dealing in cash, and concealing income and assets in the names of nominees is a recipe for criminal prosecution,” said Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.

Sindhu owned several gas stations and other commercial property, but at times failed to make mortgage payments on these properties. Sindhu, Iqbal and others defrauded First Midwest and Consumers National banks by making false and misleading omission and representations about ownership of the properties between 2008 and 2014. Iqbal acted as a straw buyer for Sindhu in a short sale, enriching Sindhu by reducing or eliminating the principle owned on the properties, according to court documents.

Iqbal also served as a straw buyer for Sindhu for a 16,800-square foot, nine-bedroom, 13-bathroom home in Oak Brook, Illinois. That home will be forfeited as part of the plea agreement.

This case is being prosecuted by Assistant U.S. Attorneys Chelsea Rice, Adam Hollingsworth and James Morford following an investigation by the Federal Bureau of Investigation, Internal Revenue Service – Criminal Investigations and U.S. Immigrations and Customs Enforcement.

 

A Virginia man was sentenced to life in prison for traveling across state lines to engage in sexual conduct with an underage girl, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio

David W. Vickers, 42, of Leesburg, Virginia, was convicted last year on three counts: receiving and distributing visual depictions of minors engaged in sexually explicit conduct, enticement, and travel with intent to engage in illicit sexual conduct.

Vickers communicated online with what he believed to be a 29-year-old Ohio woman and her 13-year-old daughter. In fact, Vickers was communicating with law enforcement investigators. Vickers sent 20 child pornography videos, 11 bestiality videos and discussed how he liked to drug and tie up children. In January 2015, he travelled to Ohio for the purposes of having sex with what he believed to be a 13-year-old girl and was arrested, according to court documents.

The case is being prosecuted by Assistant U.S. Attorneys Brian M. McDonough and Kevin Filiatraut following an investigation by the Ohio Internet Crimes Against Children Task Force and the United States Secret Service.

A Sheffield Lake man pleaded guilty to providing material support to Islamic State of Iraq and the Levant (ISIL), as well as firearms violations.

Assistant Attorney General for National Security John P. Carlin, Acting U.S. Attorney Carole S. Rendon of the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Division made the announcement.

Amir Said Rahman Al-Ghazi, 39, also known as Robert C. McCollum, pleaded guilty to one count of attempting to provide material support to a designated foreign terrorist organization and two counts of being a felon in possession of firearms.

He is scheduled to be sentenced on June 23.

“This case is a stark reminder that ISIL does not present an abstract threat,” Acting U.S. Attorney Rendon said. “Through social media and other means, ISIL and groups like it seek to radicalize people of all backgrounds into its world of violence.”

“This case demonstrates law enforcement’s number one priority -- to keep our communities and our nation safe,” said Special Agent in Charge Anthony.  “It is clear that no area is immune from the influence of ISIL and its supporters.  We hope this case will serve as a strong message to others who may consider providing support to terrorists.  The FBI and our Joint Terrorism Task Force partners are committed to identifying and stopping these individuals.”

Al-Ghazi, who changed his name from Robert McCollum last year, pledged his support to ISIL and Abu Bakr Al-Baghdadi via social media in 2014.  From July 2014 to June 2015, Al-Ghazi made multiple statements trying to persuade others to join ISIL.  He also expressed his own desire to perpetrate an attack on the United States and had attempted to purchase an AK-47 assault rifle.  Al-Ghazi has communicated with individuals he believed to be members of ISIL in the Middle East and took steps to create propaganda videos for ISIL, according to court documents.

This case is being prosecuted by Assistant U.S. Attorneys Matthew W. Shepherd and Christos N. Georgalis following an investigation by the FBI’s Joint Terrorism Task Force.

A Sheffield Lake, Ohio, man pleaded guilty today to attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization, as well as firearms violations.

Assistant Attorney General for National Security John P. Carlin, Acting U.S. Attorney Carole S. Rendon of the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Division made the announcement.

Amir Said Rahman Al-Ghazi, 39, also known as Robert C. McCollum, pleaded guilty to one count of attempting to provide material support to ISIL and two counts of possessing firearms as a felon.

Al-Ghazi, who changed his name from Robert McCollum last year, pledged his support to ISIL and Abu Bakr Al-Baghdadi via social media in 2014.  From July 2014 to June 2015, Al-Ghazi made multiple statements trying to persuade others to join ISIL.  He also expressed his own desire to perpetrate an attack on the United States and attempted to purchase an AK-47 assault rifle.  Al-Ghazi has communicated with individuals he believed to be members of ISIL in the Middle East and took steps to create propaganda videos for ISIL, according to court documents. 

He is scheduled to be sentenced on June 23, 2016.

This case was investigated by the FBI.  The case was prosecuted by Assistant U.S. Attorneys Matthew W. Shepherd and Christos N. Georgalis of the Northern District of Ohio, with assistance from the National Security Division’s Counterterrorism Section.  

A criminal information was filed charging Hassan Ajram, 29, of Lebanon, with being an alien in possession of a firearm that traveled in interstate or foreign commerce, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio.

Ajram, who was admitted to the U.S. on an F-1 student visa, possessed a Sig Sauer 9 mm pistol on Feb. 10, according to the information.

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 U.S. Border Patrol and Department of Homeland Security. The case is being handled by Assistant United States Attorney Michael J. Freeman.

An information 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.

The Mental Health Response Advisory Committee (MHRAC) announced that it is seeking input from the public on “crisis situations” that involve the Cleveland Police to gather information that will be used to help develop police policies. The MHRAC, in partnership with the City of Cleveland, Cleveland Division of Police and the Alcohol, Drug Addiction and Mental Health Services (ADAMHS) Board of Cuyahoga County, launched an online survey and has organized three “community input sessions” open to all members of the public. The settlement agreement that the City signed with the Department of Justice describes “crisis situations” as incidents that involve mental illness, addiction, substance abuse, developmental disabilities or some other overwhelming personal crisis.

“We want people to tell us about their experiences that involved both the Cleveland Police and a mental health, addiction or some other personal crisis,” explained William M. Denihan, Chair of the MHRAC and Chief Executive Officer of the ADAMHS Board of Cuyahoga County.  “Learning from these experiences will help our committee craft and recommend police policies that will help to make our communities safer for everyone.”                                                     

“Using an online survey and hosting these three events gives everyone an opportunity to participate in the Committee’s work,” noted Edward Eckart, Jr., Vice-chair of the MHRAC and Assistant Director of Public Safety for the City of Cleveland.

Cleveland Police Chief Calvin Williams joined Mr. Denihan, and Mr. Eckart in encouraging the public to complete the survey and join these community input sessions. “Cleveland Police support and welcome every opportunity to strengthen this committee’s work with public input and guidance,” he said. “We want to improve the way that our officers respond to crisis situations, and that means learning from the people who have been involved in those situations in the past.”

"The Justice Department encourages anyone who lives or works in Cleveland to participate in this open process," Acting U.S. Attorney Carole S. Rendon said. “The City and the Cleveland Police are building the foundations of trust and dialogue with the people they serve.  It requires an honest conversation about these types of crisis situations.”

Online Survey:

The online survey can be accessed by visiting http://bit.ly/CLECrisisResponseSurvey.  It will be open through Wednesday, March 23, 2016.

Hard Copies of the Survey:

People can download and print the survey by visiting http://bit.ly/print_CLECrisisResponseSurvey. Completed surveys must be mailed or returned by Wednesday, March 23, 2016, to:

ADAMHS Board of Cuyahoga County c/o MHRAC Survey

2012 West 25th Street, 6th Floor

Cleveland, OH 44113

Three Community Input Sessions:

1. Southeast Side: Wednesday, March 16, from 6:30 to 8:30 PM at Community Assessment & Treatment Services (CATS), 8411 Broadway Avenue, Cleveland OH 44105.

2. Northeast / Central: Saturday, March 19th, from 10:00 AM to 12:00 PM at the Tri-C Jerry Sue Thornton Center (formerly the Visiting Nurses Association), 2500 East 22nd Street, Cleveland OH 44115.

3. West Side: Wednesday, March 23, from 6:30 to 8:30 PM at Stella Maris, 1320 Washington Avenue, Cleveland OH 44113

1.  

A Medina man was named in a 13-count federal indictment, charged with using the U.S. mail to transfer nearly a half-million dollars related to a cocaine distribution conspiracy, said Acting U.S. Attorney Carole S. Rendon.

Nelson Figueroa, 35, is accused of mailing U.S. currency 13 times in July and August 2015. The total amount of currency mailed is approximately $456,770, according to the indictment.

Prosecutors are seeking to forfeit the money involved in the alleged crime.

This case is being prosecuted by Assistant U.S. Attorney Margaret Sweeney following an investigation by the U.S. Postal Inspection Service.

If convicted, the defendant’s sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense, and the characteristics of the violation.

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.

A federal grand jury returned a one-count indictment charging Orlando Popa, 26, of Youngstown, with bank robbery, said Acting U.S. Attorney Carole S. Rendon.

The indictment alleges that on or about February 1, 2016, Popa robbed the Huntington Bank, in Campbell, Ohio, of approximately $1,000.

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 violations. 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 Campbell Police Department, the Federal Bureau of Investigation and the FBI Violent Crimes Task Force. The matter is being prosecuted by Assistant United States Attorney Jason M. Katz.

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.

A two-count indictment was filed charging two men with crimes related to counterfeit credit cards, said Acting U.S. Attorney Carole S. Rendon.

Luis Diaz-Cordova, 43, of Phoenix, and Yandy Martinez-Guerra, 25, if Miami, were both indicted on one count each of possession of at least 15 unauthorized access devices (credit cards) and trafficking in unauthorized access devices.

This case is being prosecuted by Assistant U.S. Attorneys Megan Miller and Robert Kern following an investigation by the Bureua of Immigration and Customs Enforcement.

If convicted, their sentence will be determined by the court after review of factors unique to this case, including prior criminal records, if any, their role in the offenses and the unique 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.           

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.

A 13-count superseding indictment was unsealed in which tax charges were added to a conspiracy involving harboring undocumented and illegal aliens in relation to their operation of a restaurant in Akron, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio

Named in the indictment are Chau Fang Lam, 57; Rui Xu, 28; Xin Hsu, 34, and Zhou Qiang Zou, 33, all of Akron. Added to the indictment is Yuan Lin, 24, of Fairlawn.

Lam, Xu, Hsu, and Zou owned and operated the Royal Buffet and Grill restaurant in the Chapel Hill area of Akron, Ohio. Lam, Xu, Hsu, and Zou conspired to harbor and harbored at least 10 undocumented workers for the purpose of commercial advantage and private financial gain. The conspiracy included employing the undocumented workers at the Royal Buffet and Grill, where they worked for below minimum wage or only for tips, according to the indictment.

The defendants also housed the undocumented worker at one of their residences on Annapolis Avenue in Akron and transporting them to and from the Royal Buffet and Grill as part of the conspiracy. At one time, Lam, Xu, Hsu, and Zou housed as many as 14 undocumented workers inside a single-family resident on Annapolis Avenue, according to the indictment.

Count 1 charges Lam, Xu, Hsu, and Zou with conspiracy to harbor illegal aliens, Count 2 charges Lam with harboring illegal aliens at her residence on Annapolis Avenue. Count 3 charges Xu with harboring illegal aliens at his residence on Annapolis Avenue. Count 4 charges Hsu and Xu with harboring illegal aliens by permitting them to be transported to and from their work at the Royal Buffet and Grill in their 2006 Dodge Caravan.

Lin also operated the Royal Buffet and Grill. Counts 5 alleges the defendants conspired between 2002 and 2013 to defraud the government by impeding the collection of federal taxes. They did this by not reporting the majority of cash receipts on their taxes, according to the indictment.

Counts 6 through 13 relate to the filing of false tax returns.

The indictment also seeks to seize more than $92,000 in U.S. currency seized as part of the investigation.

The case is being prosecuted by Assistant U.S. Attorney Teresa Riley following an investigation by the U.S. Department of Homeland Security Investigations and the Internal Revenue Service – Criminal Investigations.

If convicted, their sentence will be determined by the court after review of factors unique to this case, including prior criminal records, if any, their role in the offenses and the unique 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.           

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.

A Cleveland woman was sentenced to prison for collecting her deceased mother’s Supplmental Security Income benefits for more than 30 years, said Acting U.S. Attorney Carole S. Rendon. 

Barbara J. Clark, 63, was sentenced to six months of incarceration and ordered to pay $188,973 in restitution to the Social Security Administration.

Clark pleaded guilty last year to a one-count information for theft of public money. Clark began stealing her mother’s SSI benefits after she died in June 1983, and she continued to withdraw money from their shared account until she was caught in August 2014. The Social Security Administration discovered Clark’s mother’s death through the Medicare Non-Utilization Project, according to court documents.

In an unrelated case, Kathryn Pulley, 60, of Garfield Heights, was sentenced to eight months in prison for stealing more than $58,000 in SSI benefits. 

Pulley pleaded guilty last year to a one-count information for theft of public money. She concealed her marriage and cohabitation with her husband from the Social Security Administration in order to receive benefits to which she was not entitled.  From June 2007, and continuing until April 2015, she fraudulently received $58,033, which she was ordered to repay in restitution.

Both cases were prosecuted by Special Assistant U.S. Attorney Lisa J. Sanniti following investigations by the Social Security Administration Office of Inspector General.

A federal grand jury indicted Myron A. Francis, 63, of Painesville, for robbing a bank in Mentor, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI's Cleveland Office. 

The indictment alleges that on January 6, 2016, Francis entered the Huntington Bank at 9100 Mentor Avenue and robbed the bank of $5,198.

The Federal Bureau of Investigation conducted the investigation in conjunction with the Mentor Police Department, with assistance from the Painesville Police Department and the Lake County Sheriff's Office.  The case is being prosecuted by Assistant United States Attorney Karrie D. Howard.

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.

A Cleveland man was charged in federal court with making threats against the President, said Acting U.S. Attorney Carole S. Rendon.

Jonathan W. Smead, 35, was arrested on a criminal complaint. He is detained and is scheduled to appear before U.S. Magistrate Judge Nancy A. Vecchiarelli on March 9.

According to the complaint:

On Feb. 28 at approximately 10:16 CST, the U.S. Secret Service, Chicago Field Office received a call, which was forwarded to the Secret Service’s Cleveland Office. The caller stated “I want to kill President Obama.” The caller continued to speak about past assassins including John Wilkes Booth and Lee Harvey Oswald. The caller then stated he “wants to kill Hillary Clinton.” The caller then identified himself as Jonathan Smead and provided is Social Security number, date of birth, and said he is living with his grandmother on Spring Road in Cleveland. Finally, Smead stated he “wants federal charges, not little state charges.”

Smead was interviewed on Feb. 29. He admitted to making the phone call and said he had been drinking alcohol prior to making the call. He said he does not wish harm on the President or Clinton. He stated he had recently been watching the television show “The West Wing” and he is very interested in past presidents, specifically Abraham Lincoln and John F. Kennedy. He stated he visited the Texas Book Depository years ago as a tourist. During a consensual search, agents located two books in Smead’s bedroom related to the Kennedy assassination.

This case is being investigated by the U.S. Secret Service, with assistance from the Cleveland Division of Police. It is being prosecuted by Assistant U.S. Attorney Kevin Filiatraut.

A charge 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.

An indictment was filed charging Sean R. Magner, 50, of Van Wert, with receipt and distribution of visual depictions involving the sexual exploitation of minors, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio.          

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 United States Postal Inspection Service. The case is being handled by Assistant United States Attorney Tracey B. 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.

A criminal information was filed charging an employee of the U.S. Postal Service for opening a package that contained Oxycodone, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio.

Barbara Wright, 49, of Martin, Ohio, was charged with one count of theft of mail matter by an officer or employee.     

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 U.S. Postal Service Office of the Inspector General.  The case is being handled by Assistant United States Attorney Tracey B. Tangeman.          

An information 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.

Four Ohio men were indicted in federal court on charges related to possession of child pornography, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office.

Indicted in the unrelated cases are: Cole A. Wolak, 29, of East Canton; Gary M. Kasunic, 49, of Willowick; Bryan K. Feguson, 56, of Lakewood, and Steven A. Ciccone, 65, of Kent.

Wolak was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct. From on or about December 1, 2015, through on or about January 18, 2016, in the Northern District of Ohio, Eastern Division, and elsewhere, Wolak knowingly received and distributed, using any means and facility of interstate and foreign commerce, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct, and which files had been shipped and transported in and affecting interstate and foreign commerce.  On February 3, 2016, Wolak possessed two computers, a USB storage device, a secure digital card, an Ipod and a cell phone, each that contained child pornography, according to the indictment.

Kasunic was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct. From on or about August 16, 2012, through on or about January 18, 2013, in the Northern District of Ohio, Eastern Division, and elsewhere, Kasunic knowingly received and distributed, using any means and facility of interstate and foreign commerce, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct, and which files had been shipped and transported in and affecting interstate and foreign commerce.  On January 18, 2013, Kasunic possessed a computer that contained child pornography, according to the indictment. 

Ferguson was charged with possessing visual depictions of minors engaged in sexually explicit conduct. On or about December 7, 2015, in the Northern District of Ohio, Eastern Division, Ferguson knowingly possessed a micro secure digital card and a USB storage device, both that contained child pornography, according to the indictment.

Ciccone was charged with possessing child pornography. On or about February 4, 2016, images of child pornography were found on a DVD in Steven Ciccone’s possession, 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.

These cases are being prosecuted by Assistant United States Attorneys Michael A. Sullivan and Carole M. Skutnik following investigations 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.

A three-count indictment was filed in federal court charging a Euclid man for having more than 900 pills of fentanyl, crack cocaine and a firearm, said Acting U.S. Attorney Carole Rendon.

Ryan Gaston, 29, was indicted on one count each of possession with intent to distribute fentanyl, possession with intent to distribute crack cocaine, and possession of a firearm in furtherance of drug trafficking.

Gaston was arrested on Feb. 3 in Cleveland Heights. A search of his car, and subsequent search of his apartment, revealed rocks of crack cocaine, a 9 mm High Point rifle and approximately 925 round blue pills believed to be Oxycodone 30 mg pills.

A test revealed the pills were not Oxycodone, but instead fentanyl, according to court documents.

Fentanyl is a very potent synthetic opiate used to treat pain and as a surgical anesthetic. While heroin is approximately three times as potent as morphine, fentanyl is approximately 80-100 times more powerful than morphine, according to court documents.

“Each one of these pills is capable of killing a person,” said Acting U.S. Attorney Carole Rendon. “We will continue to attack the opioid problem from all sides – prevention, education, treatment and enforcement.”

This case is being prosecuted by Assistant U.S. Attorney Michelle Baeppler following an investigation by the Drug Enforcement Administration, the Cleveland Heights Police Department, the Cuyahoga County Sheriff’s Office and the Euclid Police Department.

If convicted, the defendant’s sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense, and the characteristics of the violation.

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.

A federal grand jury returned a nine-count indictment charging Jonathan L. Chain, 35, of Cleveland, with using a cellular telephone to send threats and stalking at least three victims, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI's Cleveland office.

The indictment alleges that on at least five occasions, Chain made cellular telephone calls to victims and threatened to kill, sexually assault or rape them.  The indictment further alleges that the defendant, over a period of months in 2015, made a series of threatening telephone calls to at least three victims during which he threatened to sexually assault, rape or kill them. 

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 Fairlawn Police Department and the Federal Bureau of Investigation.  The case is being prosecuted by Assistant United States Attorney Robert E. Bulford.

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.

A federal grand jury returned a two-count indictment charging Chesseray T. Whatley, 39, of Akron, with possession with intent to distribute heroin and methamphetamine, said Acting U.S. Attorney Carole S. Rendon.

The indictment alleges that on February 8, 2016, Whatley possessed with the intent to distribute one kilogram or more of heroin and one kilogram or more of methamphetamine. 

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 Ohio State Highway Patrol and the Drug Enforcement Administration.  The case is being prosecuted by Assistant United States Attorney Robert E. Bulford.

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.

 

Ana Angelica Pedro Juan, 22, of Guatemala, the remaining indicted defendant in a human-trafficking ring, pleaded guilty today in federal court to conspiring to lure Guatemalan minors and adults into the United States on false pretenses, then coercing their labor at egg farms in Ohio.  The guilty plea was announced by Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division; Acting U.S. Attorney Carole S. Rendon of the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Division.

Pedro Juan pleaded guilty to a labor trafficking conspiracy.  Her co-conspirators, Aroldo Castillo Serrano, 33, of Guatemala, and Conrado Salgado Soto, 53, of Mexico, pleaded guilty in August 2015 to participating in the same conspiracy in addition to immigration offenses. 

According to the indictment, which was unsealed on July 2, 2015, the defendants and their associates recruited workers from Guatemala, some as young as 14 or 15 years old, falsely promising them good jobs and a chance to attend school in the United States. The defendants then smuggled and transported the workers to a trailer park in Marion, Ohio, where they ordered them to live in dilapidated trailers and to work at physically demanding jobs at Trillium Farms for up to 12 hours a day.  The work included cleaning chicken coops, loading and unloading crates of chickens, de-beaking chickens and vaccinating chickens.  Eight minors and two adults were identified in the indictment as victims of the forced labor scheme.

As set forth in the indictment, Pedro Juan’s role in the scheme included falsely representing herself to government officials as a family friend of the minor victims in order to have them released to her custody.  In doing so, she pledged under oath to ensure that the victims went to school and were protected from abuse.  She also arranged to have victims released to the custody of other associates in exchange for money.  Pedro Juan also oversaw the trailers where the victims were housed and arranged for their wages to be transferred to co-conspirators in Guatemala and elsewhere.

“These defendants preyed on vulnerable children by falsely promising them good jobs and quality schools only to abuse and exploit them for profit,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “As shown today, the Department of Justice will continue to use the full resources of the federal government to aggressively prosecute the heinous crime of human trafficking.”

“This case is a stark reminder that human trafficking hides in plain sight all around us,” said Acting U.S. Attorney Rendon.  “It underscores the need for all of us to be vigilant where we live and work.  When something seems suspicious, we need to report it, not ignore it.”

“Ana Angelica Pedro Juan, along with two other defendants, forced adults and children to work and live in deplorable conditions in exchange for false promises,” said Special Agent in Charge Anthony.  “These reprehensible actions are unacceptable, and the FBI will continue to work with our partners to bring to justice those who engage in human trafficking.”

Pedro Juan’s sentencing hearing will be scheduled at a later date.  The charge against her carries a statutory maximum sentence of 20 years in prison.  Castillo-Serrano, Salgado Soto and another defendant, Pablo Duran Jr., will be sentenced on April 11.  Duran Jr. pleaded guilty to an immigration offense on Dec. 14, 2015.  Two other defendants, Conrado Salgado-Borbon and Bartolo Dominguez, have pleaded guilty to immigration offenses in connection with this case and were sentenced to six and 12 months, respectively.

The case is being investigated by the FBI Cleveland Division’s Mansfield Resident Agency and the Department of Homeland Security.  The case is being jointly prosecuted by Trial Attorney Dana Mulhauser of the Civil Rights Division and Assistant U.S. Attorney Chelsea Rice of the Northern District of Ohio.

Ana Angelica Pedro Juan, 22, of Guatemala, the remaining indicted defendant in a human-trafficking ring, pleaded guilty today in federal court to conspiring to lure Guatemalan minors and adults into the United States on false pretenses, then coercing their labor at egg farms in Ohio.  The guilty plea was announced by Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division; Acting U.S. Attorney Carole S. Rendon of the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Division.

Pedro Juan pleaded guilty to a labor trafficking conspiracy.  Her co-conspirators, Aroldo Castillo Serrano, 33, of Guatemala, and Conrado Salgado Soto, 53, of Mexico, pleaded guilty in August 2015 to participating in the same conspiracy in addition to immigration offenses.  The guilty pleas are pending approval from a federal court judge and are not final until that approval is granted.

According to the indictment, which was unsealed on July 2, 2015, the defendants and their associates recruited workers from Guatemala, some as young as 14 or 15 years old, falsely promising them good jobs and a chance to attend school in the United States.  The defendants then smuggled and transported the workers to a trailer park in Marion, Ohio, where they ordered them to live in dilapidated trailers and to work at physically demanding jobs at Trillium Farms for up to 12 hours a day.  The work included cleaning chicken coops, loading and unloading crates of chickens, de-beaking chickens and vaccinating chickens.  Eight minors and two adults were identified in the indictment as victims of the forced labor scheme.

As set forth in the indictment, Pedro Juan’s role in the scheme included falsely representing herself to government officials as a family friend of the minor victims in order to have them released to her custody.  In doing so, she pledged under oath to ensure that the victims went to school and were protected from abuse.  She also arranged to have victims released to the custody of other associates in exchange for money.  Pedro Juan also oversaw the trailers where the victims were housed and arranged for their wages to be transferred to co-conspirators in Guatemala and elsewhere.

“These defendants preyed on vulnerable children by falsely promising them good jobs and quality schools only to abuse and exploit them for profit,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “As shown today, the Department of Justice will continue to use the full resources of the federal government to aggressively prosecute the heinous crime of human trafficking.”

“This case is a stark reminder that human trafficking hides in plain sight all around us,” said Acting U.S. Attorney Rendon.  “It underscores the need for all of us to be vigilant where we live and work.  When something seems suspicious, we need to report it, not ignore it.”

“Ana Angelica Pedro Juan, along with two other defendants, forced adults and children to work and live in deplorable conditions in exchange for false promises,” said Special Agent in Charge Anthony.  “These reprehensible actions are unacceptable, and the FBI will continue to work with our partners to bring to justice those who engage in human trafficking.”

Pedro Juan’s sentencing hearing will be scheduled at a later date.  The charge against her carries a statutory maximum sentence of 20 years in prison.  Castillo-Serrano, Salgado Soto and another defendant, Pablo Duran Jr., will be sentenced on April 11.  Duran Jr. pleaded guilty to an immigration offense on Dec. 14, 2015.  Two other defendants, Conrado Salgado-Borbon and Bartolo Dominguez, have pleaded guilty to immigration offenses in connection with this case and were sentenced to six and 12 months, respectively.

The case is being investigated by the FBI Cleveland Division’s Mansfield Resident Agency and the Department of Homeland Security.  The case is being jointly prosecuted by Trial Attorney Dana Mulhauser of the Civil Rights Division and Assistant U.S. Attorney Chelsea Rice of the Northern District of Ohio.

A former police officer was sentenced to more than five years in prison for illegally selling firearms to people he knew were felons, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office.

Kevin R. Lumpkin, 29, of North Olmsted, was convicted last year of selling a Hi-Point .45-caliber rifle and a Ruger .380-caliber pistol on different occasions to people he knew were convicted of felonies and therefore forbidden from possessing a firearm. These sales took place between 2011 and 2013, when Lumpkin was a North Randall police officer, according to trial testimony.

This case is being prosecuted by Assistant U.S. Attorneys M. Kendra Klump and Edward Feran following an investigation by the FBI.

A Youngstown man faces up to life in prison after he was convicted of crossing state lines to rape an 11-year old, law enforcement officials said.

Iraephraim Underwood, 59, was convicted following a jury trial of one count of crossing a state line to engage in a sexual act with a person who had not attained the age of 12 years old and one count of transporting a child under 18 years of age in interstate commerce with the intent to engage in an illegal sexual act.

Underwood is expected to be sentenced later this year.

This case was prosecuted by Assistant U.S. Attorneys Michael A. Sullivan and Benedict Gullo following an investigation by FBI, with assistance from the Youngstown and Boardman police departments.

A federal grand jury returned an 11-count indictment charging Raymond R. Ingram, 36, of Youngstown, with distributing crack cocaine, heroin and buprenorphine, maintaining a drug premises and being a felon in possession of a firearm and ammunition, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio.

Ingram distributed crack cocaine, heroin and buprenorphine on various dates in May 2015. He maintained a place on Stewart Avenue in Youngstown for the purpose of distributing crack cocaine and heroin, according to the indictment.

Ingram also possessed a Smith & Wesson, model SW9VE, 9mm semi-automatic pistol and ammunition, despite a prior felony conviction in the Medina County Court of Common Pleas in 2010, 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 violations.  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 Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mahoning Valley Law Enforcement Task Force. The matter is being prosecuted by Assistant United States Attorney Jason M. Katz.

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.

Reggie Rucker pleaded guilty today in federal court to charges related to using charitable donations to anti-violence groups he led to pay his gambling debts and personal expenses, including mortgage payments, meals, and entertainment, law enforcement officials said.

Rucker, 68, of Warrensville Heights, is scheduled to be sentenced on May 23. He pleaded guilty to one count of one count of wire fraud and one count of making false statements to law enforcement.

“Today Mr. Rucker publically owned to up to his misdeeds,” said Acting U.S. Attorney Carole Rendon. “He betrayed the trust of his employees, the generous foundations, individuals, and businesses that supported him, and the entire community.  I am pleased that the Cleveland Peacemakers Alliance has begun to move forward with its important work, and Mr. Rucker will be held accountable for his crimes.”

“Mr. Rucker used his position of trust to help fund his gambling habits and personal expenses, and ultimately, he betrayed those that supported his work in the community,” said Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office. “The FBI will continue to work with our partners to identify and hold accountable those who chose to commit such fraud.”

Rucker served as executive director of Amer-I-Can Cleveland (Amer-I-Can), a nonprofit organization located in Shaker Heights. Rucker also served as president of the Cleveland Peacemakers Alliance (CPA), a collaboration of community organizations that employed outreach workers to resolve conflicts in Cleveland. Rucker solicited charitable contributions and deposited them into Amer-I-Can’s bank account, according to the criminal information.

From 2011 through February 11, 2015, Rucker diverted funds intended to support Amer-I-Can and CPA for his personal use and in excess of any compensation he was entitled to receive. Rucker wrote checks to himself and made withdrawals from the Amer-I-Can bank account in amounts and frequencies unrelated to the work he performed, but rather dictated by his own personal financial needs, including to pay his mortgage, entertainment, meals, travel, groceries, and dry cleaning, according to the information.

In furtherance of his scheme, Rucker falsely told current and prospective donors that Amer-I-Can had an independent board of directors to provide oversight when it did not.  Rucker also filed documents under the penalties of perjury with the Internal Revenue Service that significantly understated the amount of money he took from the Amer-I-Can bank account.  He also falsely claimed to certain actual and prospective donors, “I do not have a salary with Amer-I-Can,” and “We don’t have any contracts that pay me…”, according to the information. 

Rucker withdrew approximately $48,000 at casino ATMs in Tampa, Las Vegas, and Cleveland, from the Amer-I-Can bank account from 2011 to 2015, including over $35,000 in 2014 alone.  He also paid multiple gambling debts he incurred at a Las Vegas casino totaling $65,000 using money donated to Amer-I-Can and CPA for charitable purposes, according to the information.  

In January 2013, when an employee of a Cleveland-area foundation (identified in the charges as Foundation 1) informed Rucker that “The Board (of Foundation 1) has awarded $150,000…for Peacemakers Alliance. Congrats!!!”, Rucker forwarded the email to a Las Vegas casino that he owed $20,000, stating “this is my non profit and they were a little behind getting me my money. I will not actually have this in my hands for 10 days, maybe 14 . . . I like to keep communication open so that I don’t get into any trouble. Can they work with me on this?”  On March 5, 2013, Amer-I-Can received $58,751.52 of Foundation 1’s charitable funds, and on March 12, 2013, Rucker wrote a check for $20,000, funded in part by Foundation 1’s donation to Amer-I-Can, to the Las Vegas Casino to pay his gambling debt, according to the information. 

In January 2014, after receiving $47,500 from a donor identified in the information as Foundation 2, Rucker wrote himself two checks totaling $40,000 from the Amer-I-Can bank account, and used a portion of this money to pay an outstanding gambling debt of $25,000 to a Las Vegas casino, according to the information.

In September 2014, Rucker incurred a $20,000 debt at a Las Vegas casino.  Between November 18 and December 1, 2014, Rucker wrote himself checks totaling approximately $21,200 from the Amer-I-Can bank account and paid the Las Vegas casino $15,000 of his debt.   In January 2015, after Amer-I-Can received $47,500 from Foundation 2, Rucker wrote himself a check for $10,000 and paid the remaining $5,000 he owed the Las Vegas casino, according to the information.

Rucker repeatedly solicited grants and donations from foundations, corporations and executives, but failed to disclose his diversion of charitable funds.  For example, on November 19, 2014, Amer-I-Can received $10,000 from an entity identified as Foundation 4. The next day, Rucker wrote himself a check for $10,000, but later submitted a report to Foundation 4 that stated: “We appreciated the bridge support granted to us by [Foundation 4], it was helpful in being able to assist high risk and gang affiliated youth. The continued support of [Foundation 4] will be instrumental…,” according to the information.

Rucker also repeatedly cited CPA outreach workers’ lack of pay to justify his requests for additional funds, but did not disclose his personal use of charitable funds. For example, Rucker solicited funds from Foundation 1, which provided approximately $2.45 million to CPA between 2011 and 2015, by claiming that CPA workers “believe they are being disrespected and taken advantage of . . . I can’t hold them together much longer. We have come too far, put too much into this . . . None of us has money!”, according to the information. 

This case is being prosecuted by Assistant U.S. Attorneys Adam Hollingsworth and Miranda Dugi following an investigation by the Federal Bureau of Investigation.

A federal grand jury returned a three-count indictment charging Kauba Simpson, 28, and Makoyia D. Jenkins, both of Dearborn, Michigan, with attempt to provide marijuana to a federal inmate and attempt to possess marijuana by a federal inmate, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio.

The indictment alleges that on or about August 30, 2014, Jenkins attempted to provide marijuana to Simpson, an inmate in the Elkton Federal Correctional Institution, which he attempted to possess. It also alleges that Jenkins made a false and fraudulent statement to a correctional officer at Elkton FCI, in that she indicated the marijuana was not in her possession, when in fact, it was.

If convicted, the defendants’ sentences 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 violations.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Elkton Federal Correctional Institution.  The matter is being prosecuted by Assistant United States Attorney Jason M. Katz.

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.

A physician from Canfield was charged with failing to pay over Social Security, Medicare and employment taxes collected from his employees, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio, and Guy Ficco, Acting Special Agent in Charge, Internal Revenue Service Criminal Investigation, Cincinnati Field Office.

Nicholas M. Garritano, 54, is charged with a willful failure to pay over taxes. 

"This defendant took out the taxes from his employees but kept the money for himself," Rendon said. "He victimized his workers and those who paid their fair share of taxes."

"Business owners have a responsibility to withhold income taxes for their employees and then remit those taxes to the IRS," Ficco said. "The failure to pay over withheld taxes is a serious offense and IRS Criminal Investigation vigorously pursues anyone who collects taxes and fails to timely remit those taxes."

The indictment alleges that during 11 quarters spanning from 2009 through 2012, Garritano was president and sole shareholder of a corporation run by the name “Dr. N.M. Garritano, Inc.,” located in Canfield. Garritano was responsible for the corporation’s business and financial operations. Garritano caused the corporation to pay taxable wages and salaries to its employees, from which federal income and FICA taxes were withheld, according to the indictment.

Garritano filed quarterly forms with the Internal Revenue Service on behalf of the corporation relating to the employment taxes. Although the corporation withheld substantial employment taxes from the wages of its employees for each quarter, the defendant failed to pay over the full amount of the withheld taxes to the IRS, according to the indictment.

The case is being prosecuted by Assistant U.S. Attorney Matthew B. Kall following an investigation by IRS-CI.

If convicted, the defendant's sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense, and the characteristics of the violation. 

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.

Xin Franco Fan, 40, and Rex Xu Yu, 41, two Chinese nationals, were arrested and charged on February 19, 2016 with wire fraud and honest services wire fraud for defrauding Goodyear, said FBI Special Agent in Charge Stephen D. Anthony and Acting U.S. Attorney Carole S. Rendon.

"The FBI takes its responsibility to aggressively protect US companies from the vulnerabilities associated with operating overseas seriously, including significant fraud as alleged in this investigation," Anthony said. "Individuals who participate in fraud schemes should not underestimate the resolve of the FBI to work closely with companies such as Goodyear to root out these schemes and bring the perpetrators to justice."

"These two defendants were engaged in a multi-year scheme designed to steal tens of thousands of dollars from Goodyear," Rendon said. "Goodyear is to be commended for promptly reaching out to law enforcement when they uncovered this scheme. Because of their quick action, we are now able to hold these men accountable for their conduct."

According to a criminal complaint, Fan and Yu were employees of Goodyear Orient Company (Private) Limited, or GOCPL, a subsidiary of Goodyear, located in Singapore and with offices in China. GOCPL manages all of the natural rubber purchasing, delivery, financing and quality certifications for Goodyear’s global operations. Goodyear, through GOCPL, spends approximately $1 billion annually to acquire natural rubber for its operations.

As a condition of their employment, Fan and Yu are obligated to act in the best interests of Goodyear when purchasing natural rubber. In 2015, Goodyear received an anonymous tip that Fan and Yu were receiving kickback payments in connection with GOCPL’s raw materials purchases. With the cooperation of Goodyear executives, an investigation into the matter led to a complaint being filed in the Northern District of Ohio federal court and arrest warrants being issued for Fann and Yu.

A complaint 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.

A Euclid man was charged in federal court with conspiracy to distribute fentanyl and crack cocaine after he was arrested with more than 900 pills of fentanyl, law enforcement officials said.

Ryan Gaston, 29, was arrested on Feb. 3. A search of his car and home apartment revealed rocks of crack cocaine, a 9 mm High Point rifle and approximately 926 round blue pills believed to be Oxycodone 30 mg pills. A subsequent test revealed the pills were not Oxycodone, but instead fentanyl, according to the criminal complaint.

Fentanyl is a very potent synthetic opiate used to treat pain and as a surgical anesthetic. While heroin is approximately three times as potent as morphine, fentanyl is approximately 80-100 times more powerful than morphine. There were 37 fentanyl-related deaths in Cuyahoga County In 2014. Last year, there were 89 and this year, there have already been at least 19, according to the complaint.

“Each one of these pills is capable of killing a person,” said Acting U.S. Attorney Carole Rendon. “We will continue to attack the opioid problem from all sides – prevention, education, treatment and enforcement. This defendant will be held accountable for spreading poison throughout our community.”

This case is being prosecuted by Assistant U.S. Attorney Michelle Baeppler following an investigation by the Drug Enforcement Administration, the Cleveland Heights Police Department, the Cuyahoga County Sheriff’s Office and the Euclid Police Department.

A former school teacher was sentenced to nearly five years in prison for possession of child pornography, said Carole Rendon, Acting U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office.

Jacob Garlock, 27, was sentenced to 57 months in prison. He previously pleaded guilty to one count of child pornography.

This case was prosecuted by Assistant U.S. Attorney Michael Sullivan following an investigation by the FBI.

A federal grand jury returned a one-count indictment charging Airiz A. Coleman, 39, of Warren, with being a felon in possession of a firearm and ammunition, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio.

The indictment alleges that on or about November 17, 2015, Coleman possessed a Criterion Die & Metal, model CDM, .22-caliber revolver and ammunition, despite previous convictions for felonious assault and improper discharge of a firearms at or into a habitation in the Trumbull County Court of Common Pleas in 2008.

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 violations.  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 Bureau of Alcohol, Tobacco, Firearms and Explosives and the Warren Police Department.   The matter is being prosecuted by Assistant United States 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.