Northern District of Ohio
Press releases recorded for this federal judicial district.
Panel that will select the Community Police Commission announcedRead the Press Release
Mayor Frank G. Jackson and U.S. Attorney Steven M. Dettelbach announced today the appointment of an 11-member selection panel that will have the duty to appoint 10 representatives to the City of Cleveland Community Police Commission, as detailed in the agreement between the City of Cleveland and the U.S. Department of Justice.
“I have confidence in this panel to accomplish their goal of selecting qualified members for the Community Police Commission and to keep the city on track as we continue down the Road to Reform,” said Mayor Jackson.
“It is now time for this impressive panel to independently select 10 members of Cleveland's first-ever Community Police Commission, said U.S. Attorney Dettelbach. “Looking at the commitment, diversity and accomplishments of this group, I have every confidence that they will pick a panel that will serve the people well. I hope Cleveland's best and brightest will follow this group's lead and apply to serve.”
The Community Police Commission will be comprised of 13 members, 10 selected by the newly formed selection panel and three selected by City of Cleveland police unions. The Community Police Commission will make recommendations to the Chief of Police and the City, including the Mayor and City Council, on policies and practices related to community and problem-oriented policing, bias-free policing and police transparency.
The members of the selection panel are:
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- Eugenia Cash, Chair, Alcohol Drug Addiction and Mental Health Services Board of Cuyahoga County
- Gabriella Celeste, Director, Case Western Reserve University Schubert Center for Child Studies
- Rev. Dr. Jawanza Colvin, Pastor, Olivet Institutional Baptist Church
- Colleen M. Cotter Esq., Executive Director, Legal Aid Society
- Rev. Jimmy Gates, Pastor, Zion Hill Missionary Baptist
- Anita Gray, President/CEO, Anti-Defamation League
- Phyllis Seven Harris, Executive Director, LGBT Center of Greater Cleveland
- Dr. Alex Johnson, President, Cuyahoga Community College
- Ronald B. Richard, President/CEO, The Cleveland Foundation
- Victor A. Ruiz, Executive Director, Ezperanza Inc.
- Timothy L. Tramble, Executive Director, Bell-Burten-Carr Development Corporation
The selection panel will ensure that members of the Community Police Commission include one representative from faith-based organizations, civil-rights advocates, the business/philanthropic community, organizations representing communities of color, advocacy organizations, youth or student organizations, academia and individuals with expertise in the challenges facing people with mental illness or the homeless. Additionally, the Cleveland Police Patrolmen’s Association, the Fraternal Order of Police and the Black Shield will each select a representative to serve on the Commission.
“We are honored to be part of the selection panel and look forward to getting to work,” stated the members in a joint statement. “We embrace our role in building community trust and engagement, and encourage a diverse pool of people to consider applying to serve on the Community Police Commission. We plan to regularly update the public on our progress, beginning with a public meeting in the near future in which we will explain the application process and the role of the Commission.”
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Brooklyn man charged for operating sports wagering businessRead the Press Release
A Brooklyn, Ohio, man faces charges related to his operation of a sports wagering business, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
Jay Jacobs, 63, was charged via criminal information with one count of transmission of wagering information and one count of money laundering.
Jacobs engaged in the business of betting and wagering between 2009 and 2012. He used communication facilities in interstate commerce to transmit bets, wagers and information assisting in the placing of bets and wagers on sporting events and contests, according to the information.
He also engaged in monetary transactions derived from unlawful activity. On August 31, 2010, he transferred $20,000 from his Fire Fighters Community Credit Union account to his TD Ameritrade account, according to the information.
This case is being prosecuted by Assistant U.S. Attorney Robert J. Patton following an investigation by the U.S. Secret Service’s Money Laundering Task Force, which is comprised of representatives from the Internal Revenue Service – Criminal Investigation Division, Immigration and Customs Enforcement, the U.S. Department of Housing and Urban Development - Office of Inspector General, Social Security Administration – Office of Inspector General, Ohio Investigative Unit, Ohio Adult Parole Authority, the Cleveland Division of Police and the Lake County Prosecutor’s Office.
If convicted, the defendants’ sentences 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.
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.
Youngstown men indicted for unrelated bank robberiesRead the Press Release
Two Youngstown men were indicted for their roles in unrelated bank robberies in Youngstown, said said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
On or about May 29, 2015, Randy L. Jamison, 40, robbed the Huntington Bank at 23 Federal Plaza East, of approximately $2248, according to the indictment.
On or about February 24, 2015, Jayquawn T. Manigault, 22, robbed the Chase Bank at 2900 Market Street, of approximately $12,997, 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 both indictments was conducted by the Federal Bureau of Investigation and the Youngstown Police Department. These matters are 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.
Youngstown man indicted for four bank robberiesRead the Press Release
A Youngstown man was indicted for four bank robberies that took place earlier this year, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
G. Shannon McColor, 27, was indicted on four counts of bank robbery.
Count one of the indictment alleges that on or about January 9, 2015, McColor robbed the Huntington Bank, Boardman, Ohio.
Count two of the indictment alleges that on or about February 4, 2015, McColor robbed the PNC Bank, Struthers, Ohio.
Count three of the indictment alleges that on or about February 6, 2015, McColor robbed the Fifth Third Bank, Toledo, Ohio.
Count four of the indictment alleges that on or about February 14, 2015, McColor robbed the Chase Bank, Canfield, Ohio.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the 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, the Boardman Police Department, the Struthers Police Department, the Toledo Police Department and the Canfield 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.
Youngstown man faces firearms, narcotics chargesRead the Press Release
A federal grand jury returned a four-count superseding indictment charging Jeffery C. Howell, aka Jeffrey C. Howell, aka “J”, 34, of Youngstown, Ohio, with possessing with intent to distribute cocaine base (crack); possessing with intent to distribute heroin; and with being a felon in possession of firearms and ammunition, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
Count one of the indictment alleges that on or about February 26, 2015, Howell possessed with intent to distribute less than 28 grams of crack cocaine.
Count two of the indictment alleges that on or about February 26, 2015, Howell possessed with intent to distribute less than 100 grams of heroin.
Count three of the indictment alleges that on or about February 26, 2015, Howell possessed a Glock, model 30, .45 caliber semi-automatic pistol and ammunition, after having been convicted of Improper Handling of Firearm in Motor Vehicle (2008); Possession of Cocaine and Having Weapon while Under Disability (2011); and Failure to Comply with Order or Signal of Peace Officer (2011); all in the Mahoning County Court of Common Pleas, Ohio.
Count four of the indictment alleges that on or about May 29, 2015, Howell possessed a Smith and Wesson, model SM40VE, .40 caliber semi-automatic handgun and ammunition, after having been convicted of Improper Handling of Firearm in Motor Vehicle (2008); Possession of Cocaine and Having Weapon while Under Disability (2011); and Failure to Comply with Order or Signal of Peace Officer (2011); all in the Mahoning County Court of Common Pleas, Ohio.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the 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 Liberty Police Department. 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.
Cleveland man indicted for straw purchase of a firearmRead the Press Release
A federal grand jury returned a one-count indictment charging Walter Jackson, 49, of Cleveland, with making false statements in the acquisition of a firearm, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
Specifically, the indictment alleges that Walter Jackson, a convicted felon, used another individual as a straw purchaser of a firearm from Atlantic Gun & Tackle in Bedford Heights, Ohio. Walter accomplished his scheme by having the straw purchaser lie on the Bureau of Alcohol, Tobacco, Firearms, and Explosives Form, stating that she was the actual buyer and recipient of the firearm.
Assistant United States Attorney Matthew J. Cronin is prosecuting the case following an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
If convicted, the defendant’s sentence will be determined by the court after consideration of the federal sentencing guidelines that depend upon a number of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum. In most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial where it is the government’s burden to prove guilt beyond a reasonable doubt.
Cleveland man charged for armed robbery in Cleveland HeightsRead the Press Release
A two-count indictment was filed charging a Cleveland man for his role in an armed robbery in Cleveland Heights, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
Keyonte Oates, aka Keyontae Berry, aka “Pacco,” 23, of with one count of interference with commerce by means of robbery and one count of using and carrying a firearm during and In relation to a crime of violence.
The indictment alleges that Oates, Monroe (named but not charged in the present indictment), and other unknown individuals, attempted to rob a Family Dollar store in Cleveland Heights, Ohio, on September 23, 2014. It further alleges that Monroe, aided and abetted by Oates, carried and brandished a firearm during the incident.
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 the sentence will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorney M. Kendra Klump following an investigation by the Federal Bureau of Investigation, Cleveland Division, and the Cleveland Heights Police Department.
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.
Akron men indicted for extortion plotRead the Press Release
A federal grand jury returned a six-count indictment charging Franklin D. Conley, 27, and Patrick W. Griffin, 28, both of Akron, with conspiracy to affect commerce by extortion and use of a communications facility to facilitate a drug trafficking offense, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI's Cleveland office.
Conley and Griffin began threatening the victims and their family in February 2015 with serious physical harm or death if they were not given money or introduced to a source of illegal drugs, according to the indictment.
They were arrested after investigation revealed the extortion plot.
If convicted, a defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal 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. The matter is being prosecuted by Assistant United States Attorney Teresa Riley.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three charged with forcing immigrant minors to work at Ohio egg farmsRead the Press Release
In an indictment unsealed today, a federal grand jury charged three people with smuggling Guatemalan minors into the United States and forcing them to work at egg farms in Ohio, law enforcement officials said.
A fourth defendant was charged with harboring illegal aliens as part of a 15-count superseding indictment.
The indictments were announced by Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, Principal Deputy Assistant Attorney General Vanita Gupta of the Justice Department’s Civil Rights Division, Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office, and Marlon Miller, Special Agent in Charge for HSI Detroit, which covers Michigan and Ohio.
The defendants and their associates smuggled workers as young as 14 or 15 from Guatemala to the United States, falsely promising them that they would be able to attend school in the United States. The defendants transported the minors 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, according to the indictment.
The defendants threatened workers with physical harm and withheld their paychecks in order to compel them to work. The indictment lists eight victims under the age of 18 and two adult victims.
Indicted are: Aroldo Castillo-Serrano, 33, of Pecos, Texas; Conrado Salgado Soto, 52, of Raymond, Ohio; Ana Angelica Pedro, 21, of Columbus and Juan Pablo Duran Jr., 23, of Marysville, Ohio.
Aroldo Castillo-Serrano, Conrado Salgado Soto, and Ana Angelica Pedro Juan are charged with a labor-trafficking conspiracy. Castillo-Serrano is also charged with 10 individual counts of forced labor; Salgado Soto and Pedro Juan are charged in eight of those 10 counts. Castillo-Serrano and Salgado Soto are also charged with harboring illegal aliens, as is an additional defendant, Pablo Duran Jr.
Castillo-Serrano and Pedro Juan are charged with witness tampering for trying to persuade another person to give false information to the FBI. Pedro Juan herself is also charged with lying to the FBI.
“This indictment charges the defendants with putting profits ahead of common decency,” Dettelbach said. “Human beings are not commodities like farm products. Those who are somehow confused about that difference need to learn that lesson.”
“These defendants preyed upon vulnerable children and families,” Anthony said. “This investigation revealed how they used threats, humiliation, deprivation and other means to keep these minors working and enriching the defendants.”
“Human trafficking and forced labor are forms of modern-day slavery,” Miller said. “Criminal organizations involved in human trafficking truly damage their victims and undermine basic human decency. HSI, FBI, U.S. Border Patrol as well as our state and local law enforcement partners will continue to aggressively combat human trafficking and forced labor in all its forms.”
Each of the 11 trafficking counts and the witness tampering count carries a sentence of up to 20 years. Each count of harboring illegal aliens and lying to the FBI carries a sentence of up to 5 years.
An indictment is merely an accusation, and a defendant is presumed innocent unless and until proven guilty. The investigation is ongoing.
This case is being investigated by the Federal Bureau of Investigation’s Cleveland Office, Mansfield Resident Agency; and the Department of Homeland Security. The case is being jointly prosecuted by Civil Rights Division Trial Attorney Dana Mulhauser and Assistant U.S. Attorney Chelsea Rice.
Toledo man charged with robbing same bank on back-to-back daysRead the Press Release
An indictment was filed charging John Lee Robinson, 53, of Toledo, with two counts of bank robbery.
Robinson is accused of robbing the Citizens Bank at 4260 Monroe Street in Toledo on June 3 and the same bank the following day.
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 Federal Bureau of Investigation, Toledo. The case is being handled by Assistant United States Attorney Michael J. Freeman.
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.
Elyria man charged with theft of government fundsRead the Press Release
A criminal information was filed charging Edward Erickson, 68, of Elyria, with theft of government money and property, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Erickson is accused of illegally receiving low-income pension payments from the Department of Veterans Affairs in the amount of $57,024, 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, and 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 Department of Veterans Affairs, Office of Inspector General-Criminal Investigations Division, Cleveland Resident Agency. The case is being handled by Assistant United States Attorneys Noah P. Hood and Gene Crawford.
Westlake police officer indicted for excessive force, obstructionRead the Press Release
A Westlake police officer was indicted in federal court for excessive use of force on an arrested suspect and subsequently attempting to cover up the incident, law enforcement officials said.
Robert Toth, 48, of North Olmsted, was indicted on one count of excessive use of force and two counts of obstruction.
Count 1 charges Toth, in his capacity as a police officer, with causing bodily injury to someone identified as T.A. on or about April 24, 2014. In doing so, Toth deprived T.A. of his Constitutional right to be free from the unreasonable use of force by a law enforcement officer.
Count 2 charges that between April 25, 2014, and May 1, 2014, Toth knowingly falsified a document – specifically an official report concerning the arrest of T.A. – with the intent to impede, obstruct and influence the investigation and proper administration of that matter.
Count 3 charges that on May 3, 2014, Toth impeded an investigation by providing false information to a federal law enforcement officer surrounding the encounter with and arrest of T.A.
“The vast majority of police officers do their jobs with courage and honor,” U.S. Attorney Steven M. Dettelbach said. “However, when we believe that the evidence demonstrates that an officer has intentionally crossed the line into criminal conduct, we will not hesitate to take appropriate action. I want to compliment the FBI on their thorough and professional investigation into this matter.”
This case is being prosecuted by Assistant U.S. Attorneys Bridget M. Brennan and Chelsea Rice following an investigation by the Federal Bureau of Investigation’s Cleveland office.
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.
Mississippi man sentenced to four years in prison for bank fraudRead the Press Release
A Mississippi man was sentenced to more than four years in prison for a conspiracy in which he defrauded a Tennesse bank out of $1.2 million, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, adn Stephen D. Anthony, Special Agent in Charge of the FBI's Cleveland office.
Paul D. Allen, 53, of Oxford, Mississippi, previously pleaded guilty to one count of conspiriacy to commit bank fraud.
He was sentenced to 51 months in federal prison and ordered to pay more than $1.2 million in restitution.
Allen, a self-proclaimed entrepreneur and businessman, moved to the Northern District of Ohio in 1999. Prior to that, he lived in Tennessee, where he developed a relationship with Stephen Henry, an unindicted co-conspirator.
Allen and Henry executed a scheme to defraud Oakland Deposit Bank and obtain money and property from the bank by means of materially false and fraudulent representations. The bank was chartered and had offices in Tennessee. Henry served as president of the bank and also served as a loan officer, according to court documents.
Allen contacted several people in Ohio and recruited them to invest in various business projects he promoted, including B-Telecom Incorporated, a purported data-storage company. Allen promised investors they would receive a percentage ownership in the business in return for the investors obtaining loans from the Oakland Deposit Bank in their own names. Allen told the investors the loan proceeds would be used for operating the business, according to court documents.
Between 2003 and 2008, Allen had the investors complete loan documentation in support of the loans, and then submit the loan applications to Henry, or accompany the investors when they submitted the loan applications to Henry. Allen forged borrower signatures on loans for amounts ranging between $42,770 and $168,000. He sometimes took out additional loans in borrowers' names without their knowledge. He used the proceeds to pay personal expenses or to make interest payments on existing loans, according to court documents.
The case is being prosecuted by Assistant U.S. Attorney M. Kendra Klump following an investigation by the Federal Bureau of Investigation (Cleveland Division, Painesville Resident Agency) and with the assistance of the Geauga County Prosecutor’s Office.
Akron man sentenced to two years in prison for operating a dog-fighting ventureRead the Press Release
An Akron man was sentenced to two years in prison for operating a dog-fighting venture and related counts, law enforcement officials said.
Alvin Banks, 56, was also ordered to pay more than $44,000 in restitution to the Human Society of Greater Akron.
Banks pleaded guilty earlier this year to five counts: sponsoring and exhibiting a canine in an animal fighting venture; buying, selling, delivering, possessing, training and transporting canines for participation in an animal fighting venture; attending an animal-fighting venture; being a felon in possession of firearms and ammunition and possession with intent to manufacture and distribute less than 50 marijuana plants.
The sentenced was announced by Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland Office, Akron Police Chief James Nice, Summit County Sheriff Steve Barry and Summit County Prosecutor Sherry Bevan Walsh.
"This defendant had a dog-fighting ring at his home, and a firearm that he was forbidden from having," Dettelbach said. "The entire range of conduct uncovered at Banks' home was disturbing."
Banks is one of 10 people to plead guilty in federal court related to a dog-fighting operation uncovered in Akron last year. They will be sentenced in July.
Federal and local authorities raided a home on Cordova Avenue in Akron on Nov. 15, 2014 as part of an investigation into dog fighting. In addition to firearms, narcotics and more than $52,000 in cash, investigators discovered a blood-stained 16x16 foot ring used as part of an animal fighting venture, as well as two “break sticks” used to pry a dog’s mouth and teeth off another dog when the fight is finished. They also found eight pit bull or pit bull mixes, two of which were covered in blood and had fresh wounds from a fight that occurred just prior to the execution of the search warrant, according to court documents.
The investigation preceding the indictment was conducted by the Akron Police Department, the Federal Bureau of Investigation and the Summit County Sheriff’s Office, with assistance from the Summit County Prosecutor’s Office and the Humane Society of Greater Akron. The case is being prosecuted by Assistant United States Attorney Linda H. Barr.
Wooster man faces counterfeiting chargesRead the Press Release
A federal grand jury returned a two-count indictment charging Ryan E. Ramey, 30, of Wooster, with passing and creating counterfeit currency, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Count 1 charges Ramey with passing counterfeit ten dollar, fifty dollar, and one hundred dollar Federal Reserve Notes from on or about June 1, 2013, to on or about June 28, 2013.
Count 2 charges Ramey with creating counterfeit ten dollar, fifty dollar, and one hundred dollar Federal Reserve Notes during the same time period.
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 United States Secret Service. The case is being prosecuted by Assistant United States Attorney Linda H. Barr.
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.
Willoughby Hills woman faces tax chargesRead the Press Release
An information was filed harging Thronda Deloach, 39, of Willoughby Hills, with three counts of making a false tax teturn and two counts of failure to file income tax return, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The information charges that between 2007 and 2011, Thronda Deloach operated two daycare centers and used money belonging to the daycares to fund her lavish lifestyle without reporting it as income. In total, Deloach misappropriated approximately $1.3 million from the daycares for her own use and did not report any of this money as income on her 2007, 2008, or 2009 individual tax returns. Deloach did not file any individual tax returns for 2010 or 2011, even though her income exceeded the threshold of income requiring an individual to file a tax return. Had she reported this income, she would have owed the Internal Revenue Service an additional $395,556.00 in personal income taxes.
If convicted, the defendant’s sentence will be determined by the Court after review of 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. 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 United States Attorney Adam Hollingsworth after an investigation by the Internal Revenue Service -- Criminal Investigation.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three men from Northeast Ohio accused of defrauding investors out of $17 millionRead the Press Release
Three men from Northeast Ohio were indicted in federal court for their roles in a conspiracy to defraud about 70 investors out of approximately $17 million, law enforcement officials said.
Indicted are Thomas Abdallah, 51, of Brunswick, Mark M. George, 58, of Independence, and Jeffrey L. Gainer, 51, of Akron.
The 12-count indictment was announced by Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office, and Kathy Enstrom, Special Agent in Charge, IRS-Criminal Investigations, Cincinnati Field Office.
“This case is another sad reminder that so-called investment gurus who make promises of big guaranteed returns should send up red flags,” Dettelbach said. “If something seems too good to be true, it usually is.”
“These defendants callously preyed on the desires of many to make wise investments for a secure future and duped them out of their life savings,” Anthony said. “Fraudsters such as these remain a top priority of the FBI.”
“Financial fraud schemes are often described as a house of cards,” Enstrom said. “The underlying structure can fall apart at any time and expose the individuals responsible. Today’s indictment is just one step in holding accountable those who prey on investors for their personal financial gain.”
Kenneth A. Grant, Jerry A. Cicolani and Kelly C. Hood previously pleaded guilty to crimes related to this fraud.
Abdallah and Grant owned and operated KGTA Petroleum, Ltd. They and others marketed KGTA as a company that earned profits from buying and selling crude oil and refined fuel products. They represented to investors that they had relationships with third-party purchasers and investor funds would be used to purchase fuel products at a discount and then resold at substantial profit, according to the indictment.
KGTA issued investment agreements and promissory notes which offered guaranteed monthly payments up to 5 percent per month or annual payments of approximately 60 percent per year, according to the information. The defendants never filed documentation about KGTA with the Securities and Exchange Commission, according to the indictment.
Together, they obtained approximately $31 million from about 70 investors between 2010 and 2014 through false and fraudulent pretenses. They knew KGTA did not have agreements in place to sell oil and fuel, and that investors would not earn 5 percent per month on their investments, according to the indictment.
The defendants used investor money for personal expenditures and luxury items including a Mercedes Benz, a boat and mortgage payments on high-end residential property. As a result of the conspiracy, the defendants defrauded the investors out of approximately $17 million, according to the indictment.
This case is being prosecuted by Assistant U.S. Attorneys Mark S. Bennett and M. Kendra Klump following an investigation by the Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigations.
If convicted, the defendants’ sentences 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.
Rittman man charged with damaging a computerRead the Press Release
A federal grand jury returned a one-count indictment charging Jacob B. Ross, 29, of Rittman, with intentionally damaging a protected computer, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that on or about March 18, 2013, Ross caused the intentional damage to a protected computer by the transmission of a program, information, code, or command.
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 Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Linda H. Barr.
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.
Postal worker charged with stealing cash from the mailRead the Press Release
A federal grand jury returned an indictment charging Cristi M. Wellen, 36, of Painesville, with stealing cash from various first-class mail while employed by the United States Postal Service, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Wellen worked at the Post Office’s Cleveland Processing and Distribution Center, and rifled through various envelopes, taking cash from the mail intended for its recipients, according to the indictment.
The U.S. Postal Service Office of Inspector General conducted the investigation. The case is being prosecuted by Assistant United States Attorney Marisa T. Darden.
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.
Canton man indicted for bank robberyRead the Press Release
A federal grand jury returned a one-count indictment charging Tyrauli Ramon Cutler, 33, of Canton, with bank robbery, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that on May 28, 2015, Cutler robbed the Citizens Bank located at 3528 Tuscarawas Street, West, Canton, Ohio.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal 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 Canton Police Department and the Federal Bureau of Investigation’s Canton Office. The case is being prosecuted by Assistant United States Attorney Linda H. Barr.
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.
New York man sent to prison for making false statement about operation of Sandusky wineryRead the Press Release
A New York man was sentenced to 15 months in prison and fined $10,000 for making false statements relative to a loan and his operation of a winery near Sandusky, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
David J. Kraus, 53, of New York, New York, pleaded guilty earlier this year to making a false statement to the United States Department of Agriculture – Farm Service Agency (USDA-FSA).
Kraus, the owner and operator of Kraus Winery, Inc., aka Kraus Vineyard aka Hermes Winery, knowingly and willfully made a materially false, fictitious and fraudulent statement or representation to the USDA-FSA in connection with the agency’s administration of the Direct Loan Program, a program meant to benefit family farmers. Specifically, on December 15, 2009, Kraus knowingly and willfully provided a 2008 federal income tax return, purportedly filed with the Internal Revenue Service to a USDA-FSA Farm Loan Officer. The tax return had not been filed with the IRS and substantially inflated the winery’s net losses.
The false statement was part of a fraud scheme during which Kraus sold and directed the sale of grapes and wine valued at approximately $2 million which had been pledged as collateral for loans totaling $594,870, and failed to remit the proceeds from such sales to the USDA-FSA as required by the terms of the loans.
He was employed as a psychiatrist and vintner at the time of the false statement.
Assistant United States Attorneys Robert Kern and Noah P. Hood prosecuted the case following an investigation by the United States Department of Agriculture, Office of Investigator General.
Lorain County man charged with conspiring to provide support to ISILRead the Press Release
Amir Said Abdul Rahman Al-Ghazi, 38, a U.S. Citizen, was arrested this morning in North Olmsted, Ohio, on charges that he attempted to provide material support to the Islamic State of Iraq and the Levant (ISIL), possessed a firearm as a convicted felon, and trafficked marijuana.
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Steven D. Dettelbach of the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Division made the announcement.
“According to the allegations in the complaint, Al-Ghazi attempted to provide material support to ISIL and committed other federal weapon and drug offenses,” said Assistant Attorney General Carlin. “Counterterrorism is the National Security Division’s highest priority and we will continue to pursue justice against those who seek to provide material support to designated foreign terrorist organizations.”
“Today’s charges are a stark reminder that the radical and dangerous philosophies espoused by groups such as ISIL can be spread in our community through computers and social media,” said U.S. Attorney Dettelbach. “Law enforcement will remain vigilant in combating violent extremism in all its forms.”
“This arrest 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 recruitment machine. We hope this arrest 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.”
According to the complaint, Al-Ghazi, who changed his name from Robert McCollum earlier this year, is alleged to have 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.
Al-Ghazi was also charged with distributing a schedule 1 controlled substance – marijuana. From the period of February 2014 through June 2015, Al-Ghazi sold almost two kilograms of marijuana to a confidential informant. He was also charged with possessing a firearm even though he had multiple prior felony convictions. On multiple occasions Al-Ghazi expressed his interest in purchasing an AK-47, eventually purchasing one from an undercover agent on June 19, 2015.
This case is being investigated by the FBI’s Cleveland Division’s Joint Terrorism Task Force. This case is being prosecuted by the U.S. Attorney’s Office of the Northern District of Ohio and the National Security Division’s Counterterrorism Section.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Justice Department seeks suggestions for who should serve panel to select Community Police CommissionRead the Press Release
On June 12, 2015, the United States District Court approved an agreement between the United States Department of Justice and the City of Cleveland to reform the way police services are delivered by the Cleveland Division of Police. One of the important goals of the agreement is to increase community input into the policies and practices of the police department.
To leverage the experience and expertise of the people of Cleveland, the agreement creates a Community Police Commission that will be responsible for: making recommendations on policies and practices of the police department, including by helping to develop important policies and trainings; working with the communities that make up Cleveland to develop the recommendations; and reporting to the community on the status of police department reforms.
The members of the commission will be chosen by a Selection Panel. The Selection Panel must include representation from each of the following groups:
(a) faith based organizations;
(b) civil rights advocates;
(c) the business/philanthropic community;
(d) organizations representing communities of color;
(e) advocacy organizations;
(f) youth or student organizations;
(g) academia; and
(h) individuals with expertise in the challenges facing people with mental illness or the homeless.
The Justice Department is seeking your suggestions into who should be on the Selection Panel. If you are interested in serving as a member of the Selection Panel, or if you would like to recommend someone to serve on the Selection Panel, please send the following information by June 26, 2015 at 5:00 pm to [email protected]:
- the name and contact information of the person you suggest
- why you believe that person should be considered
Please remember that anyone who serves on the Selection Panel will not be eligible to serve on the Community Police Commission.
Justice Department and City of Cleveland request proposals for monitor in police caseRead the Press Release
Re: Independent Monitor of the Cleveland Division of Police
Dear Applicant,
We are in receipt of the information that you submitted in response to our Request for Information for an independent monitor for the Cleveland Division of Police (“CDP”). As contemplated in that Request for Information, on May 26, 2015, the City of Cleveland and the United States of America (the “Parties”) filed a joint motion and memorandum seeking the entry of a Consent Decree. The matter, which is pending before United States District Court Judge Solomon Oliver, is United States of America v. City of Cleveland, 1:15-CV-01046-SO. Attached is a copy of the Consent Decree as entered by the Judge, which details the applicable timetables, duties, and responsibilities of the independent monitor.
We recognize that your initial submission was made without the benefit of the terms of the proposed Consent Decree. If you remain interested in serving as an independent monitor for the Cleveland Division of Police, please submit any additional information and formal proposals that you wish to have considered by the Parties who will be selecting the monitor.
This request is not part of, and shall not be governed by, any formal municipal, state, or federal procurement process. The Parties will not pay for any information or administrative costs incurred in response to the request. All costs associated with responding to the request will be solely at the interested party’s expense. Candidates considered for monitor or as a subject-matter expert on the monitor’s team must disclose all actual and potential conflicts of interest. All information submitted may become a matter of public record.
A description of the scope of work required by this project, along with the information that must be included in the application, is set out below. The exact requirements and terms of monitoring, as well as the designation of the monitor, are included in the Decree. The ultimate term of the monitorship is to be determined by the Parties and the Court, but is expected to be at least five years. Respondents should carefully consider this multi-year commitment in developing their monitoring teams and plans. As further described below, applications must include a projection of estimated costs and expenses, including yearly estimates, an estimated overall total amount, and a cost-cap above which fees and costs will not be billed.
Scope of Work
The following descriptions of the monitoring team’s expected responsibilities and duties are illustrative and non-exclusive. Generally, the monitoring team will be responsible for independently and objectively assessing and reporting on whether the requirements of the Decree are being implemented, and whether implementation is resulting in constitutional policing by and increased community trust in the Cleveland Division of Police.
The monitoring team’s duties are expected to include the following:
- Development and implementation of an organizational plan, including appropriate staffing and scheduling, for auditing and reviewing CDP’s compliance with the requirements and purpose of the Decree;
- Development of methodologies for conducting reliable audits and reviews of CDP’s compliance with the Decree;
- Recommendation and review of metrics for assessing police practices and their effects during the pendency of the Decree;
- Conducting reliable assessments to determine whether the Agreement has resulted in Constitutional policing;
- Reviewing and commenting on policies, training, and initiatives developed pursuant to the Decree;
- Conducting, analyzing, and reporting on methodologically sound surveys of community members and police officers regarding CDP police practices;
- Reviewing use of force and misconduct investigations to assess their quality, reliability, and adherence to the requirements of the Decree;
- Providing or facilitating technical assistance to CDP, including recommending strategies to improve CDP’s implementation of the Decree;
- Receipt from and provision of information to the Cleveland community, including civilian oversight entities, related to implementation of the Decree;
- Regularly communicating with the City and the United States regarding CDP’s progress implementing the Decree, any obstacles to implementation, and as otherwise necessary to facilitate effective implementation;
- Regularly producing public reports on CDP’s progress implementing the Decree and any obstacles to implementation;
- Maintaining all documents related to this project in a confidential manner as required by the Decree;
- Testifying in proceedings only as provided by the Decree;
- Making public statements only as permitted by the terms of the Decree; and
- Maintaining the highest ethical standards.
The substantive requirements of the Decree are generally grouped into the following areas:
- Community Engagement and Building Trust
- Community and Problem-Oriented Policing
- Bias-Free Policing
- Use of Force
- Crisis Intervention
- Search and Seizure
- Accountability
- Transparency and Oversight
- Officer Assistance and Support
- Supervision
- Policies
Requirements of Monitoring Team
The application to serve as or on the court-appointed monitoring team should clearly demonstrate the respondent’s qualifications to perform the requested scope of work. The application to monitor the Decree should include the following:
- Executive Summary
A brief description of how the team would complete the project.
- Personnel
- The names of the individuals and/or subcontractor consultants who would comprise the team;
- A summary of the relevant background of each team member;
- The internal organization of the team including the areas of responsibility for each member; and
- A description of all other current employment, projects, or other professional undertakings for each team member, noting the team member’s time commitments for each.
- Qualifications
Each team member’s qualifications, addressing the following areas as applicable:
- Monitoring, auditing, evaluating, or otherwise reviewing performance of organizations, including experience in monitoring settlements, consent decrees, or court orders;
- Law enforcement practices, including training, community and problem-oriented policing, complaint and use of force investigations, and constitutional policing;
- Evaluating the breadth and depth of organizational change, including the development of outcome measures;
- Development of effective quality improvement practices;
- Mediation and dispute resolution;
- Statistical and data analysis;
- Information technology;
- Data management;
- Working with government agencies, municipalities, and collective bargaining units;
- Language skills and experience working with limited English proficient persons and communities, in particular communities whose primary language is Spanish;
- Familiarity and understanding of local issues and conditions;
- Effective engagement with diverse communities;
- Creation and evaluation of meaningful civilian oversight;
- Familiarity with federal, Ohio, and local laws, including civil rights laws and policies and rules governing police practices;
- Completing projects within anticipated deadlines and budget;
- Preparing for and participating in court proceedings; and
- Report writing for a broad variety of stakeholders.
- Prior Experience and References
List current or recent (within the past 10 years) project experience for members of the team relevant to the monitoring duties and responsibilities; references for each project listed, including the name of the organization, contact person, title, address, e-mail address, and telephone number; and, if available, examples of non-confidential work product that is similar to the reports required for this project.
- Proposed Activities
Describe (in as specific detail as possible and using illustrations as necessary) the activities proposed to perform the Scope of Work. This discussion may address, but is not limited to:
- Methods of obtaining information;
- Methods of analyzing information;
- Methods of reporting information;
- Frequency of proposed activities;
- Personnel responsible for the various activities described in the Scope of Work and the number of hours anticipated to be devoted to specific aspects of the project by month or quarter, including the number of hours that would be spent on site in Cleveland;
- Coordination with the City and CDP to arrange visits, on-site records reviews, and interviews; and
- Coordination of monitoring activities, information gathering, and communications with the City, the United States, and members of the community.
- Potential Conflicts of Interest or Bias
Disclose any potential or perceived conflicts of interest involving team members, associated firms or organizations, and any employee(s) assigned to the project, or proposed subcontractor(s), including current or former employment, contracts or grants with the City, CDP, or the United States, and any involvement in the last eight years (whether paid or unpaid) with a claim or lawsuit by or against the City, CDP, or the United States or any of their officers, agents, or employees. Any close, familial, or business relationships with any of the mentioned entities, or their agents or employees, must be disclosed. Disclose whether any member of the team has been the proponent or subject of any complaint, claim, or lawsuit alleging police misconduct. To the extent a conflict or potential bias exists, explain why it does not bar the individual’s or the team’s selection, including any legal or ethical opinions or waivers upon which the team relies.
- Estimated Costs
Provide a Cost Estimate for this project based on the above Scope of Work and requirements of the Decree:
- Include a projected budget for all costs including, but not limited to: hourly billing rates, travel costs, whether travel time is billed, sub-consultant/contractor services, overhead, and supplies.
- Break down the different activities that members of the team will perform (e.g., policy review, technical assistance, training assessment, report writing, and/or incident review).
- Include a projected allocation of hourly commitments by each team member, broken down by the number of hours projected for both on-site and off-site work.
- Take into account the uncertainty of the duration of the Decree and include both onetime or fixed costs that are expected regardless of the duration of the contract, and annual costs that are expected for each year the contract is in effect.
- Include an estimate of total costs and a cost-cap above which fees and costs will not be billed.
Application Materials as a Public Record
Under the laws of the State of Ohio, all parts of the application, other than trade secret or proprietary information, may be considered a public record which, if properly requested, the City must make available to the requester for inspection and copying. Additionally, the Parties may choose to share all or some of the submissions with the public. Therefore, to protect trade secret or proprietary information, the Responder should clearly mark each portion of each page—but only that portion of each page—of its application that contains that information. The City will notify the Responder if such information in its application is requested, and will make every attempt to protect trade secret or proprietary information by citing to the applicable exemption in Ohio’s Public Records Laws. Blanket marking of the entire application as “proprietary” or “trade secret” is not acceptable and will not protect the entire application unless each part of the entire application is in fact trade secret or proprietary information. The City is not obligated to protect information that is obviously not a trade secret, obviously not proprietary, and obviously public, even if labeled as such. Upon submission of an application that contains clearly marked trade secret or proprietary information, the Responder is agreeing to defend and indemnify the City against any lawsuit or claim that the City improperly withheld a public record based upon the Responder marking it as a trade secret or proprietary information.
All formal proposals or other additional information must be submitted by close of business Wednesday, July 8, 2015, in electronic format (preferably pdf) to the Parties as follows:
For the United States Department of Justice:
Carole S. Rendon Rashida J. Ogletree
First Assistant U.S. Attorney Trial Attorney
U.S. Attorney’s Office U.S. Department of Justice
Northern District of Ohio Civil Rights Division
801 West Superior Avenue Special Litigation Section
Suite 400 950 Pennsylvania Avenue, NW
Cleveland, Ohio 44113 Washington, D.C. 20530
[email protected] [email protected]
For the City of Cleveland:
Barbara A. Langhenry
Director of Law
City of Cleveland
Department of Law
601 Lakeside Avenue. Suite 106
Cleveland, Ohio 44114
Twelve charged for healthcare fraud violations totaling $28 millionRead the Press Release
Twelve people were charged in federal court this week as part of a nationwide sweep targeting healthcare fraud violations, law enforcement officials said.
Locally, the charges represent more than $28 million in money fraudulently obtained from Medicaid, Medicare or other insurance providers. The charges stem from three unrelated cases.
Details of cases filed this week:
United States v. Knight et. al.: Five people were named in an 18-count indictment for their roles in a $7 million home healthcare fraud conspiracy in which they provided forged documents and fraudulent forms to bill for services that were not provided.
Indicted are: Delores L. Knight, 69, of Cleveland Heights; Theresa L. Adams, 42, of Twinsburg; Isaac R. Knight, 28, of Macedonia; Sonja N. Ferrrell, 43, of Cleveland, and Juliet L. Bonner, 60, of Cleveland.
All five worked in some capacity for Just Like Familee II, Inc., and Just Like Familee III, Inc., which the defendants incorporated in 2005 and 2006, respectively, to provide home health services for elderly and disabled clients. The companies had locations at various times in Cleveland Heights, Twinsburg and Mentor, according to the indictment.
Together they defrauded Medicaid, Medicare and the Department of Veteran Affairs out of more than $7 million as a result of the conspiracy in which they prepared and submitted forged or false records in support of previously submitted and reimbursed billings for patients they did not actually provide face-to-face services, according to the indictment.
Prosecutors are seeking to forfeit all money that was illegally obtained, as well as a home at 1048 Morning Glory Drive in Macedonia owned by Delores L. Knight, and a home at 7915 Ridgetop Drive in Twinsburg owned by Theresa L. Adams.
United States v. Warsame et. al.: Five people were named in a 10-count indictment for their roles in a $3 million conspiracy involving a home health service company with offices in Cleveland to defraud government insurance programs by billing for services not provided.
Indicted are: Abdulazis Warsame, 50, of Cleveland; Yasin Warsame, 48, Amir Ahmed, 50, both of Columbus; George Epps, 42, of Cleveland, and Norma Lauer, 67, of Reynoldsburg.
All five worked for Lifeline Home Health Services, which was incorporated in 2006 and had an office at 12200 Fairhill Road in Cleveland.
The defendants conspired between 2009 to 2013 to defraud Medicaid by submitting false documentation to become an accredited home healthcare provider, forging documents to make it appear doctors had approved specific plans of care, fabricating and billing for home health visits that had not taken place. Ahmed also recruited patients by offering cash kickbacks in exchange for becoming patients of Lifeline, according to the indictment.
Collectively, Ahmed, Lauer and the Warsames received payment for more than $3 million in fraudulent claims, according to the indictment.
United States v. Ward: Queen Ward, 64, of Cleveland Heights, was charged with one count of healthcare fraud while her daughter, Sharon Ward, 45, of Richmond Heights, was charged with one count each of healthcare fraud and aggravated identity theft related to the fraudulent billing of more than $18.1 million.
Together, they owned and operated Heritage Home Healthcare Agency in Cleveland Heights, despite the fact that Sharon Ward was previously convicted of Medicaid fraud, which precluded her participation in all federal health care programs for five years. Sharon Ward continued to own Heritage Home Health while she was excluded, as well as continued to see patients as a nurse, conducted nursing visits and bill Medicaid for her and her employees’ services. Queen Ward continued to bill Medicaid for her daughter’s services, and continued to pay Sharon Ward, despite the fact that she had been told by the Ohio Medicaid Fraud Control Unit that Sharon Ward was an excluded provider and had never been reinstated as an accredited provider, according to court documents.
Queen Ward also created fraudulent background checks for prospective employees that had criminal records and therefore would have been disqualified, according to court documents.
Between 2006 and 2014, Heritage Home Health received more than $18.1 million from Medicaid and Sharon Ward received a salary of more than $2.2 million, all during Sharon Ward’s period of exclusion from federal health care programs, according to court documents.
“The conduct detailed in these cases is egregious,” said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio. “These programs were designed to help the sick and infirm, and these defendants defrauded them out of millions of dollars for their own personal gain.”
“Health care fraud affects every American,” said Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office. “Waste, fraud and abuse take critical resources out of our health care system, contribute to the rising cost of health care and degrades the integrity of our health care system and legitimate patient care. This week’s efforts send a message to those defrauding our system that authorities will collaboratively address this significant crime problem.”
“Today’s announcement illustrates the OIG’s continued efforts in combating health care fraud,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “The OIG and our law enforcement partners are steadfast in our commitment to detecting and dismantling health care fraud schemes and holding perpetrators of these crimes accountable.”
“Ohio has one of the best Medicaid Fraud Control Units in the country, and we diligently work with our state, local, and federal partners to weed out those who bill Medicaid and Medicare for services they did not provide or services that are not medically necessarily,” said Attorney General Mike DeWine. “Heath care fraud diverts funds from people who legitimately need care, and through joint efforts like this one, we intend to continue to aggressively go after those who steal from taxpayers and take money that they are not entitled to receive.”
“Healthcare Fraud Task Force investigations are vital in identifying and holding accountable those who would steal from taxpayers, Medicare beneficiaries and veterans,” said Gavin McClaren, Cleveland Resident Agent in Charge, Department of Veterans Affairs, Office of Inspector General, Criminal Investigation Division.
“IRS-Criminal Investigation is dedicated to ensuring those that choose to launder their ill-gotten gains are held accountable for their crimes,” said Kathy Enstrom, Special Agent in Charge of IRS-Criminal Investigation Cincinnati Field Office. “Forfeiture of these assets should serve as a warning that law enforcement will not tolerate such flagrant abuse of our safety net programs.”
These are the just latest healthcare fraud cases filed by federal prosecutors following investigations by federal and state agencies. Others include indictments against Dr. Harold Persaud, who is awaiting trial on charges that he performed unnecessary catheterizations, tests, stent insertions and caused unnecessary coronary artery bypass surgeries as part of a scheme to overbill Medicare and other insurers by $7.2 million; seven people and a company for their roles in a multi-million dollar fraud conspiracy involving an experimental form of chiropractic manipulation performed in Shaker Heights; three people who operated Eman Transportation Services in Cleveland charged with defrauding Medicaid of approximately $245,000 by billing for rides of patients who did not use or need wheelchairs and for transporting Medicaid recipients to non-covered appointments and an Akron physician was sentenced to 10 years in prison for illegally prescribing hundreds of thousands of doses of painkillers and defrauding health insurance by submitting insurance claims for unperformed services, billing insurance providers for services after collecting a cash payment, and other fraudulent practices.
These cases are being prosecuted by Assistant U.S. Attorneys Michael L. Collyer, Mark Bennett, Adam Hollingsworth and Special Assistant U.S. Attorney Maritsa Flaherty, following investigations by the Federal Bureau of Investigation; U.S. Department of Health & Human Services, Office of Inspector General; Ohio Attorney General’s Medicaid Fraud Control Unit; the Department of Veterans Affairs, Office of Inspector General, Criminal Investigation Division; the Internal Revenue Service – Criminal Investigations.
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.
An indictment or information 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.
North Canton man faces child pornography chargesRead the Press Release
Kenneth J. Smith, 36, of North Canton, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
The Indictment charges that from on or about August 18, 2012, through on or about December 3, 2014, Smith knowingly received and distributed, by computer, numerous computer files, which contained visual depictions of real minors engaged in sexually explicit conduct. On December 9, 2014 and December 12, 2014, images of child pornography were also found on his Blackberry cellular phone, Dell computer, and a Western Digital external hard drive .
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik. The case was investigated by the Department of Homeland Security, Cleveland 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.
Mansfield man indicted for sale of counterfeit prescription pillsRead the Press Release
A grand jury returned a two-count indictment charging a Mansfield man with crimes related to the purchase and sale of counterfeit prescription drugs, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
Tamacio Walls, 23, was indicted on one count of introducing misbranded drugs into interstate commerce and one count of trademark violations.
Walls purchased, warehoused, dispensed and offered for sale, counterfeit versions of Viagra (active ingredient Sildenafil), Cialis (active ingredient Tadalafil) and Levitra (active ingredient Vardenafil) to consumers without requiring consumers to provide any form of prescription from a licensed medical practitioner, as required by law, according to the indictment.
The indictment also charges that Walls did not inform consumers that said drugs were prescription drugs and that they should seek medical advice before consuming the drugs, and that Walls failed to provide any warnings to consumers concerning potential dangers associated with taking the drugs. Walls obtained the drugs from unauthorized sources in China and India. The customs declarations for the shipments to Walls typically misrepresented the package contents in an attempt to avoid detection and seizure by U.S. Customs officials, according to the indictment.
Walls intentionally trafficked in and attempted to traffic in goods, specifically counterfeit Viagra pills, while knowingly using on or in connection with said items certain counterfeit trademarks such as pill color, pill shape and other identifying characteristics which were identical to, or substantially indistinguishable from marks that were in use and registered for Viagra with the U.S. Patent and Trademark Office, and the use of which was likely to cause confusion or mistake, and which was likely to deceive others, according to the indictment.
If convicted, the sentence in this case will be determined by the court after consideration of the federal sentencing guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique 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 Robert W. Kern, following an investigation by the Department of Homeland Security and the United States Postal Inspection Service.
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.
Lakewood man indicted on child pornography chargesRead the Press Release
Daniel Nieberding, 25, of Lakewood, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
The indictment charges that from on or about September 6, 2010, through on or about February 8, 2011, Nieberding knowingly received and distributed, by computer, numerous computer files, which contained visual depictions of real minors engaged in sexually explicit conduct. On March 31, 2011, images of child pornography were also found on his Dell laptop computer and external hard drive.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik. The case was investigated by the Federal Bureau of Investigation, Cleveland 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.
Highland Heights man indicted for alleged murder-for-hire plotRead the Press Release
A grand jury indicted a Highland Heights man for charges related to a murder-for-hire plot, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI's Cleveland office.
James A. Martino, 65, was indicted on one count of use of interstate commerce facilities in the commission of murder-for-hire and one count of financing extortionate extensions of credit.
The indictment alleges that between January and June 2013, Martino and another individual conspired to use interstate-commerce facilities with the intent that a murder be committed in exchange for a promise to pay approximately $40,000. It further alleges that Martino advanced approximately $5,000 to another individual for the purposes of making extortionate extensions of credit between November 2014 and January 2015.
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 the sentence will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorneys Duncan T. Brown and M. Kendra Klump following an investigation by the Federal Bureau of Investigation, Cleveland Division.
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.
Canton man indicted on child pornography chargesRead the Press Release
James Kovac III, 29, of Canton, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
The indictment charges that from on or about September 13, 2013, through on or about October 10, 2013, Kovac knowingly received and distributed, by computer, numerous computer files, which contained visual depictions of real minors engaged in sexually explicit conduct. On October 21, 2013, images of child pornography were also found on his Compaq laptop computer.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik. The case was investigated by the Federal Bureau of Investigation, Canton 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.
Hudson woman sentenced to two years in prison for firearms convictionRead the Press Release
A Hudson woman was sentenced to two years in prison for making false statements related to the purchase of three firearms, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Marcia M. Masters, 47, was convicted earlier this year following a trial before U.S. District Judge Benita Pearson.
Masters acted as a straw purchaser of a firearm from Semi-Arms Inc. in Broadview Heights, Ohio. She did this by lying on the Bureau of Alcohol, Tobacco, Firearms, and Explosives Form, falsely stating that she was the actual buyer and recipient of a Smith and Wesson Model 317 .22mm revolver, a Colt Model AR15 .223mm rifle and another Colt Model AR15 .223mm rifle.
She was employed as a police officer at the time of the purchases.
Assistant United States Attorneys Marisa Darden and Matthew Kall are prosecuting the case following an investigation by the ATF.
Canfield man charged with defrauding North Canton company out of nearly $2.5 millionRead the Press Release
A Canfield man was charged with mail fraud related to a scheme to defraud a North Canton company out of nearly $2.5 million, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio and Stephen D. Anthony, Special Agent in Charge of the FBI's Cleveland office.
Peter J. Luchansky, 60, was charged via criminal information with one count of mail fraud.
Luchansky was employed as an information technology manager with a large medical practice in North Canton. Beginning in 2005, he formed two Ohio companies with registered mailing addresses in Ohio. From 2005 until July 2014, Luchansky used these companies to bill the medical practice for computer equipment and services. In turn, the medical practice paid Luchansky’s companies for invoices submitted by Luchansky and his companies. The medical practice was the only customer of Luchansky’s companies, according to the information.
Luchansky fabricated the invoices and the amounts for payment for services and equipment that he did not provide in order to obtain monies from the medical practice. Through the submission of the false and fraudulent invoices of these companies, Luchansky defrauded the medical facility of at least $2,486,028, according to the information.
Luchansky has agreed to forfeit certain property obtained as a result of these false and fraudulent invoices including cash, jewelry appraised at $43,940, 2009 Corvette, 2007 Lexus, 2000 Harley Davidson motorcycle and 108 firearms. In addition, Luchansky previously submitted funds totaling over $2 million to be used as restitution to the victims in this case.
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 filing of the information was conducted by the Federal Bureau of Investigation’s Canton Office. The case is being prosecuted by Assistant United States Attorney Linda H. Barr.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Trumbull County man sentenced to nearly four years in prison for making threatsRead the Press Release
An Ohio man was sentenced to nearly four years in prison for mailing threatening communications and threatening to damage or destroy a building with an explosive, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI's Cleveland office.
Charles James Reighard, 67, of Burghill, was sentenced by U.S. District Judge Sara Lioi to to 46 months in prison, with mental health counseling, and ordered to pay $3,788 in repayment to first-responders
Reighard previously pleaded guilty to two counts. Reighard sent communications to his victim with the intent to extort money from him and which contained a threat to injure him and/or his family. This occurred between September 4, 2014, to on or about October 17, 2014. On October 16, 2014, Reighard engaged in conduct with the intent to convey false or misleading information that the offices at 6630 Seville Drive, in Canfield, Ohio, would be damaged or destroyed by an explosive, according to court documents.
The case is being prosecuted by Assistant United States Attorney Justin Seabury Gould, following an investigation by the Federal Bureau of Investigations of Youngstown, and the Mahoning County Sheriff’s Department.
Marion man arrested and charged, suspected of distributing "blue drop" heroinRead the Press Release
A Marion man was arrested on federal heroin and firearms charges, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
Eric L. Creagh, 32, was charged in U.S. District Court with one count of possession with intent to distribute heroin and one count of being a felon in possession of a firearm.
"We hope today's arrest puts a dent in the heroin epidemic we've seen in Marion," Dettelbach said. "Our office remains committed to working with law enforcement and others to stem the heroin and opioid problem we see in all corners of our state."
According to a federal affidavit filed in the case:
A confidential informant purchased more than 20 grams of "blue drop" heroin from Creagh on five separate occassions between May 30 and June 8.
Based on this and other information, 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 as law enforcement agents recovered two firearms, approximately one kilogram of a heroin/fentantyl mixture, blue fabric dye, a face mask with a filtration system and rubber gloves, two hydraulic presses and approximately $60,000 in cash.
It is believed the equipment was used to dye the heroin and prepare if for distribution, according to the affidavit.
Creagh appeared in U.S. District Court in Toledo and was ordered detained.
This case is being prosecuted by Assistant U.S. Attorneys Thomas Weldon and Michael Freeman 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.
Seven from Stark County indicted for cocaine conspiracyRead the Press Release
Seven Stark County men were indicted in a 13-count federal indictment for their roles in a conspiracy to distribute cocaine and crack cocaine in the Canton area, law enforcement officials said.
Indicted are: Derrick L. Walton, 40; Gregory N. Burns, 41; Jon A. Herring, Jr., 34; Dwight A. Martin, 25; Michael Patterson, 30; Jermaine L. Woodson, 36, all of Canton, and Robert L. Morrow, 45, of Massillon.
All seven are indicted in count one with conspiracy to possess with the intent to distribute cocaine and cocaine base (crack). Count two charges Morrow with being a felon in possession of ammunition, and counts three through 13 charge Burns, Woodson, Martin, Patterson, and Herring with use of a telecommunication facility to facilitate a drug trafficking offense.
The defendants engaged in a conspiracy between 2012 and the present in which they received cocaine and crack cocaine from James Walton, according to the indictment.
“These defendants are part of a group that packed guns and sold drugs in neighborhoods with impunity,” said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
“These seven individuals will now be joining their co-conspirators behind bars,” said Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office. “Prior to this morning’s efforts, law enforcement had seized over nine kilograms of cocaine, 15 firearms, and cash and assets in excess of $400,000 -- all proceeds of the drug trafficking conducted in this investigation.”
“This case is the result of continued dedication by federal, state and local law enforcement in this community,” said Canton Police Chief Bruce Lawver. “We have focused on the most violent individuals responsible for irreparable harm done to our neighborhoods.”
This case is being prosecuted by Assistant United States Attorney Teresa L. Riley following an investigation by the Stark County Safe Streets Task Force. The task force includes members of the Federal Bureau of Investigation, Canton Police Department, Alliance Police Department, Jackson Township Police Department and the State of Ohio Parole Authority. The Ohio State Highway Patrol also assisted with the investigation.
This indictment is the second in this investigation which has resulted in 21 convictions to date. James Walton was previously indicted and is awaiting trial.
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.
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.
Cleveland man guilty of conspiracy, last of 60 convicted for bringing heroin to Cleveland from Atlanta and ChicagoRead the Press Release
A Cleveland man was convicted of conspiracy to possess with intent to distribute heroin and related charges following a week-long trial.
Keith Ricks, 33, is scheduled to be sentenced by U.S. District Judge Christopher Boyko on Sept. 14. He faces a potential sentence of life in prison.
Ricks is the last of 60 people to be found guilty in federal court for their roles in a conspiracy to bring heroin from Chicago and Atlanta and sell it throughout Greater Cleveland between 2011 and 2013.
Ricks and others obtained heroin from suppliers in Atlanta and transported the drugs to Cleveland by mail or car. Ricks and others also pooled their money to obtain heroin from Atlanta. Ricks then distributed the heroin to other traffickers in Cleveland, according to trial testimony and court documents.
Ricks, Maceo Moore, Leamon Shephard and others also planned and committed burglaries and robberies from other drug dealers, customers, and each other. This was done to fund their drug trafficking, to obtain heroin and other drugs, and to collect drug debts, according to trial testimoney.
The men then sold the stolen heroin at discounted prices or used the stolen money to obtain heroin. They identified potential victims through a variety of ways, including targeting those who appeared to have expensive jewelry or cars or by using women to gather information about potential victims and report back to them. They sometimes used firearms or zipties to restrain victims, according to trial testimony and court documents.
This case is being prosecuted by Assistant U.S. Attorneys Matthew W. Shepherd, Daniel J. Riedl, and Matthew B. Kall, following a multi-year investigation by the Northern Ohio Law Enforcement Task Force (NOLETF).
The NOLETF is a longstanding multi-agency task force comprised of investigators from the Federal Bureau of Investigation, Cuyahoga Metropolitan Housing Authority, Drug Enforcement Administration, Internal Revenue Service, U.S. Coast Guard Investigative Service, Cleveland Division of Police, Cleveland Heights Police Department, Cuyahoga County Sheriff’s Office, Euclid Police Department, Regional Transit Authority Police Department, Westlake Police Department, and Shaker Heights Police Department. The NOLETF is also one of the initial Ohio High Intensity Drug Trafficking Area (HIDTA) initiatives. HIDTA supports and helps coordinate numerous Ohio drug task forces in their efforts to eliminate or reduce drug trafficking in Ohio.
The investigation was assisted by the Hotel Interdiction Team, another HIDTA initiative composed of members of the FBI, Cuyahoga County Sheriff’s Office, Homeland Security Investigations, and police departments from Broadview Heights, Brooklyn, Brook Park, and Independence.
Youngstown-area men indicted for sale of $275,000 worth of counterfeit goodsRead the Press Release
A federal grand jury sitting returned a seven-count indictment charging four Youngstown-area men with trafficking in counterfeit goods, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Indicted are: Ashraf Mishmish, 49, of Boardman; Raed Khatib, 52, of Boardman; Wesam Mishmish, 20, of Austintown; and Khaled Wakhyan, 30, of Boardman.
The indictment alleges that in or about December 2013 through July 2014, Ashraf Mishmish, Raed Khatib, Wesam Mishmish, and Khaled Wakhyan conspired and agreed to intentionally traffic in counterfeit goods, specifically perfume, cologne, purses, headphones, jackets and boots. It was a part of the conspiracy that the defendants obtained perfume, cologne, boots, purses and headphones bearing counterfeit marks. The defendants then sold the counterfeit goods at a price below the manufacturer’s suggested retail price for the authentic goods.
According to the indictment, the defendants committed the following acts in furtherance of the conspiracy:
On or about December 15, 2013, Khaled Wakhyan offered for sale 93 jackets, 104 bottles of perfume/cologne, 25 sets of headphones, and 32 pairs of boots bearing counterfeit marks.
On or about June 21, 2014, Raed Khatib offered for sale 249 bottles of perfume/cologne, and 34 sets of headphones bearing counterfeit marks.
On or about June 21, 2014, Wesam Mishmish offered for sale 268 bottles of perfume/cologne and 42 sets of headphones bearing counterfeit marks.
On or about July 25, 2014, Wesam Mishmish offered for sale 212 bottles of perfume/cologne and 97 sets of headphones bearing counterfeit marks.
On or about July 25, 2014, Ashraf Mishmish offered for sale 332 bottles of perfume/cologne, 80 sets of headphones, and five purses, bearing counterfeit marks.
On or about July 25, 2014, Raed Khatib offer for sale 197 bottles of perfume/cologne and 70 sets of headphones bearing counterfeit marks.
On or about July 25, 2014, Ashraf Mishmish possessed 635 bottles of perfume/cologne, 115 sets of headphones, and 39 pairs of boots, bearing counterfeit marks.
In total, the defendants possessed and offered for sale counterfeit items with a domestic value of approximately $95,854 and with the manufacturer’s suggested retail price of $273,872.
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 Department of Homeland Security, Homeland Security Investigations. 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.
Westlake convenience store owner faces tax chargeRead the Press Release
A criminal information was filed today charging Hessam B. Lahoud, 54, of Westlake, with subscribing to a false federal income tax return, said United States Attorney Steven M. Dettelbach.
The information alleges that Lahoud signed a false individual income tax return for calendar year 2008. Lahoud was the manager of the Airport Convenience Mart, a convenience store located near Hopkins International Airport. During 2008, Lahoud cashed checks at the store, and in many cases, deposited the checks into personal accounts. He failed to report the checks diverted to his personal accounts in total income for 2008, according to the information.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorney James V. Moroney, following investigation by agents of the Internal Revenue Service, Criminal Division.
Seventeen indicted for bank fraud conspiracyRead the Press Release
Seventeen people were indicted in federal court for their roles in a $165,000 conspiracy to pass fraudulent checks and then withdrew the money, sometimes at a Cleveland casino.
All 17 people are charged in count 1 of the 34-count superseding indictment with conspiracy to commit bank fraud. The defendants, who are from Cleveland unless otherwise noted, are: Devinne P. Hollie, 29; Sade Philpott, 29; Shanita Hollie, 28; Ahmerr Ellis 19; Calvin McPherson, 31; Asia McPherson, 30; Tavio Jack 21; Earl Walker 26; Matthew Johnson 28; Eddie Stacy 56; Darren Shea-Ron 23; Jeffrey Tate, 37, of Euclid; Marnetta McPherson, 35; Chad M. Mason 22; John T. Wilder, 34; Anthony L. McPherson, 56; and Thiotis A. Greene 31, of Garfield Heights.
The remaining counts charge various defendants with individual counts of bank fraud.
The Hollies and Philpott were previously indicted for their roles in the conspiracy.
That trio, acting with the other 14 defendants, engaged in a check-kiting scheme in which they fraudulently obtained funds from financial institutions by depositing multiple counterfeit and forged checks into co-conspirators’ bank accounts, according to the indictment.
They then withdrew the proceeds from those accounts at ATMs, through debit card purchases, and by making withdrawals at a local casino, according to the indictment.
“This group passed bad checks and stole from banks,” said U.S. Attorney Steven M. Dettelbach. “They may be trading their time at a glitzy casino for the comforts of a federal prison.”
“These women believed they had found a shortcut to put money in their pockets and now they will have to pay for their criminal behavior,” said Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office. “The FBI will continue this investigation in order to bring all individuals involved in this group to justice.”
“The Ohio Casino Control Commission is tasked with protecting the integrity of casino gaming in Ohio,” stated John Barron, OCCC Deputy Executive Director and General Counsel. “In fulfilling this constitutional duty, the Commission was able to identify numerous fraudulent transactions by several individuals and, with the investigative resources of the FBI and the support of the United States Attorney’s Office, a joint investigation which began seven months ago is an example of the type of cases that can be prosecuted by Federal, State, and Local Law Enforcement when working together. These individuals are now being held responsible for their illegal actions.”
In most instances, the Hollies and Philpott found a co-conspirator who was willing and able to open a checking account at a bank. Once these co-conspirators obtained debit cards and PINs for the accounts, they passed these items on to the Hollies and/or Phipott, who then deposited forged and counterfeit checks into the bank accounts. These deposits typically occurred late at night or in the early morning hours, when the banks were closed and could not detect that the checks were counterfeit and forged, according to the indictment.
The defendants would then often meet at the Horseshoe Casino in downtown Cleveland, where they would use Total Rewards Cards from the casino linked to their bank accounts to make large scale cash withdrawals from the casino’s cage, according to the indictment.
The Hollies, Philpott and the other defendants made deposits of counterfeit and forged checks on approximately 31 different occasions. The false and fraudulent deposits totaled approximately $165,000, and the banks lost approximately of $120,000.
If convicted, the defendants’ sentences will be determined by the court after review of the factors unique to this case, including the defendants’ prior criminal records, the defendants’ roles in the offense and the characteristics of the criminal conduct. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant U.S. Attorneys Om Kakani and Carmen Brown, following an investigation by the Federal Bureau of Investigation, with assistance from the Ohio Casino Control Commission.
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 the defendant guilty beyond a reasonable doubt.
New York man charged with identity fraudRead the Press Release
A federal grand jury returned a three count indictment charging Daniel Persaud, 26, of Brooklyn, New York, with identity fraud, bank fraud and conspiracy to commit identity fraud, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The Wadsworth Police identified Persaud and his Ohio co-conspirator and worked in conjunction with the U.S. Secret Service in the investigation to determine the extent of the identity theft conspiracy. Persaud committed identity theft crimes throughout Ohio, Illinois and North Carolina between November 2013 and August 2014, 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 U.S. Secret Service, Wadsworth Police Department, Fairlawn Police Department, Independence Police Department, Seven Hills Police Department, Medina Police Department, Strongsville Police Department, Ashland Police Department, Marion Police Department, Oak Brook Police Department from Oak Brook, Illinois, United States Postal Inspectors out of Raleigh, North Carolina, the Raleigh, North Carolina, Police Department, and Investigators from J.P. Morgan Chase Bank and Wells Fargo Bank. The case is being prosecuted by Assistant United States Attorney Teresa L. Riley.
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.
Maine man charged with providing drugs to federal inmateRead the Press Release
A federal grand jury returned a one-count indictment charging Kasey J. Crouse, 25, Lewiston, Maine, with providing contraband to an inmate, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that on or about May 23, 2014, Crouse provided prohibited objects - five suboxone strips containing buprenorphine, a Schedule III narcotic drug, to an inmate in FCI Elkton, Elkton, Ohio.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the 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 Federal Bureau of Prisons. 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.
Conspiracy, fraud and money laundering charges filed against Holland residentsRead the Press Release
A federal grand jury returned a 58-count second superseding indictment against Mark O. Wittenmyer, 54, of Holland, Ohio; Robert Milam, 65, of League City, Texas; Lonny Remmers, 57, of Corona, California; Mark Aller, 50, of Birmingham, Michigan; and Douglas Boyce, 57, of Maumee, Ohio, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The existing superseding indictment contains multiple charges including conspiracy, wire fraud, money laundering, securities fraud, and access device fraud. The new superseding indictment adds a sixth defendant, Arvel Ray Henderson II, 46, of Holland, Ohio, who is charged along with Wittenmyer with a money-laundering conspiracy. Henderson is also charged with four individual counts of money laundering.
The indictment charges that from in or around January 2003, and continuing through May 2014, Wittenmyer, Milam, Remmers, Aller, Boyce, and others, conspired to solicit and collect investments, expenses, consulting fees, salaries and other payments in connection with investment and financing transactions induced by false and fraudulent pretenses, representations, and promises. The conspirators utilized several business entities to promote and induce investments, including Spring Valley Marketing Group, Community ISP, Momentum Management, OnLetterhead, bSecured Solutions, New Dimension Fund, and RM Capital, according to the indictment.
False statements were made to investors, lenders, and other participants regarding past successes in arranging investments transactions for the purpose of inducing investments. Wittenmyer used the participation, and purported participation, of attorneys and other professionals to confer an aura of legitimacy to potential investors. Wittenmyer often fraudulently requested that investors and lenders advance funds for travel, legal fees, and other various expenses, which the conspirators then used for personal living expenses, according to the indictment.
In addition to each defendant being charged with one count of conspiracy to commit wire fraud, Wittenmyer is charged with eight counts of wire fraud, 32 counts of money laundering, six counts of securities fraud, and two counts of access device fraud. Milam is also charged with two counts of wire fraud and one count of money laundering. Remmers is also charged with two counts of wire fraud. Aller is also charged with three counts of wire fraud and one count of money laundering, and Boyce is charged with one count of money laundering. As indicated, Henderson is charged with one count of conspiracy to launder money, and four separate counts of money laundering.
If convicted, each defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including any prior criminal record, respective roles 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.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation, both of Toledo. The case is being prosecuted by Assistant United States Attorneys Gene Crawford and James V. Moroney.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Jury convicts five from Northeast Ohio for conspiracy to rob stash house and sell drugsRead the Press Release
Five men from Northeast Ohio were convicted of multiple crimes for their roles in a conspiracy to distribute heroin and cocaine and use firearms to rob what they believed to be a drug stash house.
A jury convicted Kali Alexander, 24, of Willoughby Hills, Rasheam Nichols, 24, Justin Maxwell, 26, Terrance Chappell, 22, and Kenneth Flowers, 21, all of Cleveland, on all 11 counts. They are scheduled to be sentenced in September.
Alexander recruited the other defendants to steal up to nine kilograms of cocaine from a stash house in Cleveland. The group planned to rob the stash house, then Alexander would sell the stolen cocaine and split the profits, according to court documents.
Alexander met with an undercover ATF agent last year and expressed an interest and willingness to commit the robbery. “I promise you, I know what I’m doing, I’m about to holler at my big brother, then we going to orchestrate it from there,” according to court documents.
Alexander, Nichols, Maxwell, Chappell and Flowers met with the ATF undercover on September 3, 2014, and discussed the strategy for the robbery. Then the five men drove to agreed-upon location in anticipation of acquiring a specific vehicle to use during the robbery, at which point they were arrested, according to court documents.
The indictments are the result of “Operation Samson II,” an initiative last summer in which 60 people were indicted and 110 firearms were seized. To date, 58 of the 60 people have been found guilty.
“This operation was like a vacuum cleaner, sucking up illegal firearms from the streets of Cleveland,” said U.S. Attorney Steven M. Dettelbach.
"There is no place in our society for those who use firearms for violent, criminal purposes," said Donald Soranno, Special Agent in Charge of ATF's Columbus Field Division. "ATF will continue to work with our law enforcement partners at every level to bring those individuals to justice."
This initiative was a cooperative effort between the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Cleveland Division of Police, the Ohio Adult Parole Authority, the U.S. Marshals Service, the U.S. Attorney’s Office and the Cuyahoga County Prosecutor’s Office.
Youngstown man indicted related to threatsRead the Press Release
A federal grand jury today returned an indictment in U.S. District Court charging Rakieda D. Cheatham, 27, of Youngstown, with threatening interstate communications and making threats/conveying false information regarding explosives, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The charges stem from a series of e-mails Cheatham is alleged to have sent in March, 2015, to management at Vallourec Star. The e-mails warned that a bomb had been placed in the administration building, and threatened to slit the throats of one of the manager’s children. The bomb threat caused the total shut down of operations at Vallourec Star and the evacuation of hundreds of Vallourec employees. The Mahoning County Sheriff Bomb Squad responded, but no explosives were located.
The Federal Bureau of Investigation and Mahoning County Sheriff’s Department conducted the investigation. The case is being prosecuted by Assistant United States Attorney Justin Seabury Gould.
If convicted, the defendant’s sentence will be determined by the court after consideration of the Federal Sentencing Guidelines which depend upon a number 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.
Youngstown company pleads guilty to dumping fracking waste, to pay $100,000Read the Press Release
A Youngstown-based company was fined $75,000 and ordered to make $25,000 in payments to the community for violating the Clean Water Act by dumping fracking waste into a tributary of the Mahoning River.
Hardrock Excavating LLC pleaded guilty to one count of making an unpermitted discharge.
The company’s owner, Benedict W. Lupo, was previously sentenced to 28 months in prison for ordering the illegal discharges, which took place more than 30 times between Nov. 1, 2012 and Jan. 31, 2013, according to court documents.
The community payment will be split between two agencies -- $12,500 each to the Friends of the Mahoning River and Midwest Environmental Enforcement Association.
“This company and its owner put profits ahead of the law,” said Steven M. Dettelbach, the United States Attorney for the Northern District of Ohio. “Now they’re paying a price for their illegal actions. This sentence sends a message and the money from this case is used to stop would-be polluters.”
“Clean air and fresh water is the birthright of every man, woman and child in this state,” Dettelbach said. “Intentionally breaking environmental laws is not the cost of doing business, it's going to cost business owners their freedom.”
“Both Ben Lupo and Hardrock Excavating deserved to pay for the damage they caused,” Ohio Attorney General Mike DeWine said. “My office helped investigate this case and we will continue to pursue others like it to make sure that those who intentionally harm the environment and human health are held accountable for their actions.”
“Discharging pollution into waterways is illegal and endangers human health, wildlife and the environment,” said Randall Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Ohio. “Oil and gas production must include safe, legal treatment and disposal of drilling byproducts. Today’s sentence reflects EPA’s commitment to protecting our natural resources and the communities that rely upon them.”
“Today’s plea is the next step related to an egregious Clean Water Act violation involving several participants,” said Ohio EPA Director Craig W. Butler. “We will continue to work with our partners at the local, state and federal agencies to make sure that public health and the environment is protected and responsible parties are held accountable.”
According to the indictment and related court documents:
Hardrock Excavating LLC was owned by Lupo and located at 2761 Salt Springs Road in Youngstown. The company provided services to the oil and gas industry in Ohio and Pennsylvania, including the storage of brine and oil-based drilling mud used in hydrofracturing, or fracking.
There were approximately 58 mobile storage tanks at the facility and each holds approximately 20,000 gallons.
Lupo, directed employees to empty some of the waste liquid stored at the facility into a nearby wastewater drain on or about Nov. 1, 2012. Lupo directed the employees to conduct this activity only after no one else was at the facility and only after dark.
The employees, at Lupo’s direction, emptied some of the waste liquid at the facility into the nearby stormwater drain using a hose on numerous occasions over the next several months. The drain flowed into a tributary of the Mahoning River and ultimately into the Mahoning River.
The last time an employee emptied some of the waste liquid into the drain was on or about Jan. 31, 2013.
The waste liquid that night included brine and drill cuttings. A sample of the discharge taken that night was black in color and a subsequent analysis showed the presence of several hazardous pollutants, including benzene and toluene.
This case is being prosecuted by Special Assistant U.S. Attorney Brad Beeson following an investigation by the Ohio EPA, Ohio Department of Natural Resources, U.S. EPA, the Ohio Bureau of Criminal Investigation, the Youngstown Department of Public Works and the Youngstown Fire Department.
Ravenna doctor charged with illegally prescribing painkillersRead the Press Release
A federal grand jury returned a one-count indictment charging Gregory Ingram, 29, of Ravenna, Ohio, with dispensing controlled substances, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Count 1 alleges that from in or about September 2013 to in or about October 2014, Ingram, a physician, illegally dispensed Oxycodone, Hydrocodone, Percocet, and Diazepam.
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 Drug Enforcement Administration. The case is being prosecuted by Assistant United States Attorney Linda H. Barr.
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.
Georgia trio charged with credit card fraudRead the Press Release
A federal grand jury returned a three-count indictment charging three Georgia residents with access device fraud, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Indicted are Taylor Johnson, Jayla Bass and Destiny Tanner, each 21. The indictment alleges each defendant knowingly possessed with intent to defraud 15 or more counterfeit or unauthorized credit cards.
Assistant United States Attorney Matthew J. Cronin is prosecuting the case following an investigation by the United States Secret Service and local law enforcement.
If convicted, the defendant’s sentence will be determined by the court after consideration of the federal sentencing guidelines which depend upon a number 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.
Summary of settlement agreement between the Justice Department and City of Cleveland regarding the Cleveland Division of PoliceRead the Press Release
INTRODUCTION
The Department of Justice (DOJ) and the City of Cleveland (City) have reached a Settlement Agreement (Agreement) to reform the Cleveland Division of Police (CDP). The Agreement is intended to resolve DOJ’s findings that CDP engages in a pattern or practice of using unreasonable force in violation of the Fourth Amendment.
PROVISIONS OF THE SETTLEMENT AGREEMENT
The Settlement Agreement contains the following important mechanisms:
Community engagement with CDP:
- Development of formal and informal mechanisms to ensure greater community engagement with CDP.
- Creation of a Community Police Commission that represents Cleveland’s many communities. Provides input on CDP’s policies, training, civilian oversight system, and bias-free policing and community engagement strategies.
- Implementation of a comprehensive community and problem-oriented policing model to strengthen partnerships with the community and ensure collaborative problem-solving.
Search and seizure practices and bias-free policing:
- Revision of policies and training to ensure that all stops and searches are conducted in accordance with the Constitution and in a manner that takes into account community values.
- Significantly more supervision of officers’ search and arrest practices.
- Development of a bias-free policing policy that makes clear that biased policing, including deciding to detain someone based solely on racial stereotypes, is prohibited. Includes training on cultural competency and implicit bias.
- Tracking and analysis of interactions between the police and residents, including the race, ethnicity, age, and gender of people who are stopped and against whom force was used.
- Community input into comprehensive training related to bias-free policing.
- Development of a recruiting plan that will include specific strategies for attracting a diverse group of applicants.
Use of force:
- Revision of force policies and improved training and guidance on when and how officers may use force, including an emphasis on de-escalation of incidents.
- Strengthening of the systems for reviewing and investigating uses of force.
- Creation of a Force Review Board to review serious uses of force, including the circumstances leading up to the use of force, officers’ tactical decisions, the adequacy of supervision and equipment, and CDP’s medical response.
Crisis intervention:
- Development of a Mental Health Response Advisory Committee to foster relationships and build support between police, the community and mental health providers.
- Development of a plan to ensure that specialized officers who have received advanced training in responding to individuals in crisis respond to calls related to those in mental-health crisis.
Accountability:
- Revised systems to ensure that all allegations of officer misconduct are investigated fully, fairly, and efficiently, and that officers who engage in misconduct are held accountable.
- Placement of a civilian at the head of Internal Affairs and improved training of Internal Affairs investigators.
- Substantial changes to the Office of Professional Standards and the Police Review Board to ensure that all civilian complaints of police misconduct are thoroughly and effectively investigated.
Transparency and oversight:
- Creation of a civilian Police Inspector General to review policies and practices; analyze trends; review investigations conducted by the Office of Professional Standards; and review all discipline imposed.
- Broad data collection regarding many of CDP’s activities, including its use of force and stop and search practices, and public reporting of that data.
Officer assistance and support:
- Implementation of an effective employee assistance program that provides officers ready access to the mental health and support resources.
- Development of a comprehensive equipment and resource study to assess current needs and priorities to perform the functions necessary for CDP to fulfill its mission, and submission of plan to the independent monitor.
Implementation and Termination:
- Filed in federal Court and operates as a federal court order once approved by a judge.
- Overseen by an independent monitor, chosen by the Parties for an initial term of five years, to assess and report on whether the requirements of this Agreement have been implemented.
- Termination of the Agreement when the city has demonstrated to a judge that it been in substantial and effective compliance for two consecutive years for most requirements of the Agreement, one year for the search and seizure requirements.
Justice Department and City of Cleveland reach agreement on reforming Cleveland Division of PoliceRead the Press Release
JUSTICE DEPARTMENT REACHES AGREEMENT WITH CITY OF CLEVELAND TO REFORM CLEVELAND DIVISION OF POLICE FOLLOWING THE FINDING OF A PATTERN OR PRACTICE OF EXCESSIVE FORCE
WASHINGTON – The United States Department of Justice and the City of Cleveland announced today that they have entered into a court enforceable agreement to address the department’s findings that the Cleveland Division of Police (CDP) engages in a pattern or practice of using excessive force in violation of the Fourth Amendment. The agreement will create widespread reforms and changes within the CDP. The changes focus on building community trust, creating a culture of community and problem-oriented policing, officer safety and training, officer accountability and technological upgrades. Under the agreement, the parties will jointly select an independent monitor to assess and report whether the requirements of the agreement have been implemented for a term of at least five years.
“The Department of Justice is committed to ensuring that every American benefits from a police force that protects and serves all members of the community,” said Attorney General Loretta E. Lynch. “The agreement we have reached with the city of Cleveland is the result of the hard work and dedication of the entire Cleveland community, and looks to address serious concerns, rebuild trust, and maintain the highest standards of professionalism and integrity. I am pleased to have the full cooperation of law enforcement and city officials in this effort. And I look forward to working with the entire community to build a stronger, safer Cleveland for residents and officers alike.”
The comprehensive agreement calls for:
- The creation of Community Police Commission, made up of ten representatives from across the community, and one representative each from the Cleveland Police Patrolmen’s Association, the Fraternal Order of Police and the Black Shield.
- CDP to reform use of force policies, including requirements for the use of de-escalation techniques whenever possible and appropriate, a prohibition on retaliatory force, mandatory reporting and investigation standards following use of force, and medical care for the subjects of force.
- CDP to integrate bias-free policing principles into all levels of the organization, including comprehensive training of officers and supervisors, which is to be developed with community input.
- CDP to create a Mental Health Response Advisory Committee and provide all officers with sufficient training to identify and appropriately respond to situations involving individuals in crisis. CDP will develop a plan to ensure these specialized officers are always available to respond to calls related to those in mental-health crisis.
- CDP to improve officer training by ensuring that it reflects the needs of officers and that it is effective.
- CDP to improve equipment and resources available to officers following a comprehensive equipment and resource study to assess its current needs and priorities, including providing officers with functioning, up-to-date technology in their zone cars that allows them to access necessary information; safe zone cars; and first aid equipment.
- CDP to develop a recruiting policy and strategic recruitment plan that includes clear goals, objectives and action steps for attracting qualified applicants from a broad cross-section of the community. CDP will consult with the Community Police Commission and other stakeholders on strategies to attract a diverse pool of applicants.
“Today’s agreement reflects a commitment by the city and the Division of Police to work with the Department of Justice and the Cleveland community to transform this police agency into a model of community-oriented policing that will make both police officers and the people they serve safer,” said the head of the Civil Rights Division, Principal Deputy Assistant Attorney General Vanita Gupta. “Constitutional policing is key to building trust between police departments and the communities they serve. Today, Cleveland demonstrates to the rest of the country that people can come together across perceived differences to realize a common vision of a safer, more just city."
“For the past days and months the nation has looked toward Cleveland as we have grappled with difficult issues involving police-community relations,” said U.S. Attorney Steven M. Dettelbach of the Northern District of Ohio. “Today, the nation should look to this city as an example of what true partnership and hard work can accomplish – a transformational blueprint for reform that can be a national model for any police department ready to escort a great city to the forefront of the 21st Century. But the hard work is just beginning, and we will need the committed partnership of this entire community to turn today’s promise into tomorrow’s reality.”
The agreement addresses the conclusions announced in December 2014 of a comprehensive investigation into the CPD started in March 2013 which assessed use of force practices of the CDP. The investigation concluded that there was reasonable cause to believe that Cleveland police officers engage in a pattern or practice of unreasonable and in some cases unnecessary force in violation of the Fourth Amendment of the Constitution. That pattern or practice included the unnecessary and excessive use of deadly force, including shootings and head strikes with impact weapons; the unnecessary, excessive or retaliatory use of less lethal force including Tasers, chemical spray and fists; excessive force against persons who are mentally ill or in crisis, including in cases where the officers were called exclusively for a welfare check; and the employment of poor and dangerous tactics that place officers in situations where avoidable force becomes inevitable.
The investigation also found that this pattern of excessive force has eroded public confidence in the police. As a result, public safety suffers and the job of delivering police services was more difficult and more dangerous. The investigation was conducted jointly by the Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for the Northern District of Ohio.
READ THE SETTLEMENT AGREEMENT
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IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.
Justice Department issues statement following Brelo verdictRead the Press Release
Statement from Vanita Gupta, head of the Justice Department’s Civil Rights Division, U.S. Attorney Steven M. Dettelbach for the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony for the FBI:
“The U.S. Attorney's Office, the Federal Bureau of Investigation and the Civil Rights Division of the Department of Justice have been monitoring the extensive investigation that has been conducted around the events of Nov. 29, 2012. We will now review the testimony and evidence presented in the state trial. We will continue our assessment, review all available legal options and will collaboratively determine what, if any, additional steps are available and appropriate given the requirements and limitations of the applicable laws in the federal judicial system. This review is separate and distinct from the Civil Rights Division and U.S. Attorney's Office's productive efforts to resolve civil pattern and practice allegations under 42 U.S.C. 14141 with the city of Cleveland.”