Northern District of Ohio
Press releases recorded for this federal judicial district.
Lorain Man Indicted for Three RobberiesRead the Press Release
A grand jury returned a three-count indictment charging Eric Castillo, 33, of Lorain, with one count of bank robbery and two counts of robbery affecting interstate commerce, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that Castillo robbed the Chase Bank, 2232 Fairless Drive, Lorain, Ohio, a federally insured financial institution, on January 18, 2014.
He is also accused of robbing CommStar Community Credit Union, 5609 West Erie Avenue, in Lorain, on January 8, 2014, and Kwik Mart convenience store at 3155 Pearl Avenue, in Lorain, on January 25, 2014.
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 Matthew B. Kall following an investigation by the Federal Bureau of Investigation, the Lorain Police Department, and other local law enforcement agencies.
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 Woman Charged with Defrauding Social Security Out of $37,000Read the Press Release
A Cleveland woman was indicted today by a federal grand jury for theft of public money and false statements to a federal agency related to the theft of more than $37,000 in Social Security funds, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Zulma Rullan, 47 is accused of submitting false statements to the Social Security Administration on behalf of her daughter and herself, claiming Social Security benefits to which neither woman was entitled. The alleged theft of Social Security funds occurred between 2005 and 2013 and totaled approximately $37,427.78, according to the indictment.
The United States Social Security Administration -- Office of the Inspector General and the United States Department of Agriculture -- Office of the Inspector General conducted the investigation. The case is being prosecuted by Assistant United States Attorney Miranda Dugi.
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.
Akron Man Faces Heroin ChargesRead the Press Release
A federal grand jury returned a four-count indictment charging Desean R. Harbin, 32, of Akron, with possession with intent to distribute and distribution of heroin, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that on October 31, November 12, December 16, and December 19, 2013, Harbin possessed and distributed amounts of heroin.
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 and the Akron Police Department. 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.
Former Director of VA Medical Center Pleaded Guilty to Taking Money from Firm Bidding on JobsRead the Press Release
The former director of the Cleveland and Dayton VA Medical Center pleaded guilty today to a scheme to enrich himself by working as a consultant for, and taking money and other things of value from a design firm bidding on VA jobs and sharing confidential information about construction projects while still employed by the VA, law enforcement officials said.
William D. Montague, 61, of Brecksville, pleaded guilty to 64 counts, including Hobbs Act conspiracy, conspiracy to commit honest services mail fraud, violating the Hobbs Act, money laundering, multiple counts of wire fraud, mail fraud, disclosing public contract information and other charges.”
Montague is scheduled to be sentenced on May 20. He agreed to pay more than $390,000 to satisfy restitution and forfeiture requirements
“As a Veterans Affairs Medical Center Director, William Montague misled staff and misused his position to enrich himself and businesses pursuing contracts with the agency,” said Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland Office. “We are pleased with the acceptance of responsibility by Mr. Montague, along with the significant forfeiture amount to be returned to the Department of Veteran's Affairs.”
“Today's guilty plea is the result of a two-year investigation conducted by Special Agents of the Cleveland Veterans Affairs Office of Inspector General and the Federal Bureau of Investigation," said Gavin McClaren, U.S. VA OIG, Resident Agent in Charge, Cleveland. “We will continue to protect taxpayers against those who would enrich themselves at the expense of our nation’s veterans.”
Montague served as director of the Cleveland VA Medical Center from 1995 until Feb. 3, 2010. On March 11, 2011, Montague began working as director of the Dayton VA Medical Center, a position he held through Dec. 17, 2011, according to the indictment.The superseding indictment details interactions between Montague and a company identified as Business 75, an integrated design firm with offices throughout the United States, including New York, Illinois, Virginia, Missouri and California. The company performed work for the VA directly and through its participation in joint ventures and other teaming agreements, according to the indictment.
From January 2010, Montague, Business 75 and employees of the company conspired to defraud the VA of its right to the honest and faithful service of Montague through bribery and kickbacks, and to defraud the VA and other potential VA contractors by means of false and fraudulent pretenses, according to the indictment.
Montague secretly used his position as Dayton VA Medical Center director to enrich himself and his designees (including House of Montague, a financial services company Montague operated) by soliciting and accepting gifts, payments and other things of value from Business 75 in exchange for favorable official actions, according to the indictment.
Montague solicited money and a consulting contract from Business 75 in exchange for information related to VA contracts and projects, which would benefit Business 75, Business 75’s principal and their designees, according to the indictment.
This was done to give Business 75 an advantage in obtaining VA contracts and projects. Montague gave false and misleading information to VA employees about his reasons for requesting VA documents and information, according to the indictment.
For example, on March 1, 2011, Business 75 issued a $20,000 check payable to Montague, which he deposited into the House of Montague’s account. Ten days later, Business 75’s principal sent an email to some employees with Montague’s consulting agreement explaining: “His job is to help us bring in more work from the VA, in part by helping us access key decision makers,” according to the indictment.
On March 14, 2011, Business 75’s principal sent another email to some employees stating that Business 75 will end the currect “$15 [million VA] IDIQ contract with just slightly over $12M in sales. $3M in fee, therefore, will be left on the table…[O]ne of MONTAGUE’s jobs will be to fill up the bucket by directing task orders toward our contract, Going forward, we have two $15M buckets to fill (Central and Eastern regions). That’s a lot of shoveling to get to $30M…BILL has the relationships to help us maximize the contracts…On the VA ‘major construction’ front here is the list of medical centers and their approximate construction cost in the pipeline: West Los Angeles, CA: $750M; San Francisco, CA: $125M, Reno, NV: $115M, Alameda, CA: $225M. Montague told us about these before they were advertised, which has allowed us to get an early start in developing the team. If we bring him on board, he can help us pull in one or two of these large projects,” according to the indictment.
On May 26, 2011, Montague travelled to Washington DC on official VA business. On June 17, 2011, he caused to be submitted a government expense report seeking reimbursement for $1,204 for hotels, parking, per diems and other expenses. On June 12, 2011, Montague caused to be sent a $2,741 invoice to Business 75 for “consulting services” for work performed at “Wash/Cleve/Dayton.” The invoice included $211 for hotel and $30.60 for hotel taxes incurred on May 26, 2011, according to the indictment.
The case was prosecuted by Assistant United States Attorneys Antoinette T. Bacon and Justin J. Roberts following an investigation by the FBI and United States Department of Veterans Affairs – Office of Inspector General.
Nineteen People Indicted for Conspiracy Involving Heroin, Pills and Crack Cocaine in MarionRead the Press Release
Nineteen people were indicted in federal court for their roles in a conspiracy to traffic large amounts of heroin, crack cocaine and prescription pills in Marion, Ohio.
The unsealing of the 72-count indictment was announced today by Steven M. Dettelbach, United States Attorney for the Northern District of Ohio; Ohio Attorney General Mike DeWine; Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office, Marion Police Major William Collins, Marion County Sheriff Tim Bailey and Marion County Prosecutor Brent Yager.
The indictment details a two-year conspiracy in which heroin, crack cocaine, Percocet, Ritalin, Xanax and Vicodin were brought from Detroit and Fort Wayne, Indiana, to Marion, where the drugs were sold to dozens of people, including juveniles.
Indicted are: Allen Graves, 46, of Detroit; Martez Montgomery, 22, of Detroit; Terrance Lombard, 39, of Eastpoint, Mich.; Edward Hearn, 40, of Detroit; Darryl McFadden, 53, of Detroit; Jeronne White, 33, of Marion; Christopher Prince, 20, of Detroit; Danni Childers, 21, of Marion; DeCarlos Bates21, of Hamtramck, Mich.; DeVonta Adams21, of Detroit; Jason Graves, 22, of Detroit; Marniece Love, 22, of Hazel Park, Mich.; Brittany Payne, 19, of Marion; Marcus Benson, 34, of Harper Woods, Mich.; Greg Burkett, 56, of Marion; Darrell Jacobs, 38, of Caledonia, Ohio; Danielle Sullivan, 23, of Marion; Steven Lester, 48, of Marion, and Abbee Heine, 20, of Marion.
“Our state has been flooded with heroin and diverted prescription pills, which have been accompanied by a wave of death and addiction,” Dettelbach said. “These arrests represent a joint law-enforcement effort to choke off the supply of drugs to our region.”
Anthony said: “This interstate drug trafficking organization brought danger and violence to the community through multiple shootings, overdoses and continued addiction for citizens in Marion. The FBI along with the numerous agencies that brought this group to justice will continue collaborative efforts to disrupt, dismantle and prosecute drug traffickers.”
“MARMET’s battles with traffickers from Detroit have been well documented,” said Marion Police Major William Collins. “We want this to be an example for other trafficking organizations that if they choose Marion as the place to peddle their poison, they will do real prison time.”
“Drug abuse devastates lives and tears apart families, and the individuals who are now facing charges have played a direct role in fueling addiction,” said Attorney General DeWine. “We are proud to have assisted with this case through the work of our BCI crime lab, and we will continue to work together in the future to prevent drug abuse and trafficking in this state.”
Marion County Sheriff Tim Bailey said: “Drugs come into our community through many means and it takes and will continue to take resources from all agencies to continue the fight against the drug problem and other crimes in our community to help keep our residents and future residents of our community safe.”
Montgomery and Graves obtained heroin, crack cocaine and prescription drugs from Lombard, Hearn, Benson, McFadden and other suppliers in Detroit and Fort Wayne. They also recruited friends and family members in Detroit to travel to Marion to distribute the drugs, according to the indictment.Montgomery and Graves, with the assistance of Heine, rented homes in Heine’s name at 438 1/2 North Prospect Street and 323 Mound Street, in Marion, for the purpose of distributing heroin, crack cocaine and prescription drugs. Childers also rented the house at 238 Park Boulevard in Marion for the purpose of distributing the drugs, according to the indictment.
Lester, as part of the conspiracy, allowed Graves and Montgomery to register vehicles in his name to avoid suspicion of law enforcement. Lester also routinely drove Graves from Marion to Detroit and back to transport drugs and drug proceeds, according to the indictment.
Prince, White, Bates, Adams, Love, Jason Graves, a juvenile and others also shared a “community telephone” which they all used to communicate with drug customers and suppliers, according to the indictment.
Prince, White, Bates, Adams, Love, Jason Graves, Lester, a juvenile and others shared and used residences rented by Allen Graves, Montgomery, Heine and Childers for the purpose of storing and distributing heroin, crack cocaine and prescription drugs, according to the indictment.
The indictment goes on to detail scores of transactions, phone calls and other actions related to their sale and distribution of drugs.
This case is the result of an investigation by the Federal Bureau of Investigation – Cleveland, Detroit and Indianapolis Field Offices, the MARMET Drug Task Force (comprised of members of the Marion Police Department, and Marion County Sheriff’s Office), the METRICH Drug Task Force, the Ohio Attorney General’s Office, the Marion County Prosecutor’s Office, the Drug Enforcement Administration and the Ohio State Highway Patrol. It is being prosecuted by Assistant United States Attorneys Joseph M. Pinjuh and Alissa Sterling.
An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Youngstown Man Charged with Operating A Crack House, Possessing A Firearm and SilencerRead the Press Release
A Youngtown man was indicted on charges related to operating a crack house and having a firearm and silencer despite previously being convicted of a felony, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Deangelo Young, age 39, was indicted on one count each of maintaining a residence for distributing crack cocaine, being a felon in possession of firearms and ammunition, and possession of a firearm not registered to him in the National Firearms Registration and Transfer Record.
"We will continue to prosecute those who have firearms despite previous convictions," Dettelbach said.
Count 1 of the indictment charges that in or about August 2013, Young maintained a residence on East Chalmers Street in Youngstown, Ohio, for the purpose of distributing crack cocaine.
Count 2 of the indictment charges that on or about August 29, 2013, Young possessed a Ruger Mark I, .22 caliber pistol; a Ruger SR22, .22 caliber pistol; a Charter Arms Undercover, .38 caliber revolver, and ammunition, after having been previously convicted of Trafficking in Cocaine and Possession of Cocaine in the Mahoning County Common Pleas Court.
Count 3 of the indictment charges that on or about August 29, 2013, Young possessed a firearm with a silencer, not registered to him, as required by law.
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 Youngstown Police Department. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.
An indictment in only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Elyria Man Convicted of Human Trafficking, Drug CrimesRead the Press Release
An Elyria man was convicted of human trafficking, drug crimes and obstruction of justice after forcing four females, including a 16-year-old girl, to have sex for money, law enforcement officials said.
Jeremy Mack, 38, of Elyria, was found guilty by a jury on all nine counts following a weeklong trial. U.S. District Court Judge Sara Lioi scheduled sentencing for May 29.
“With today's verdict, Jeremy Mack's time roaming our community and preying on the most vulnerable will finally come to an end,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
“The FBI is pleased with the guilty verdict for the despicable acts committed by Jeremy Mack.,” said Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office. “Thankfully, Mr. Mack will not be able to prey on and victimize children from where he is -- behind bars.”
“This is an example of local police and federal law enforcement working together to make our community safer,” said Elyria Police Chief Duane Whitely.
Ashley Onysko, 24, of Avon Lake, previously pleaded guilty to charges related to her role in the conspiracy.
Between December 2012 and April 9, 2013, Mack and Onysko conspired together to provide heroin or cocaine to four females and then, after the victims incurred drug debts, used force, threats of force, fraud and coercion to compel them to engage in commercial sex acts.
They did this, in part, by posting photographs of the females on backpage.com on a user account that Mack and Onysko created, according to the indictment.
In March 2013, Victim 2, a 16-year-old minor, went to Mack’s residence in Elyria after school, at which time Mack gave her cocaine. Mack later told and caused others to tell Victim 2 that she needed to engage in commercial sex acts. She did, after which she turned over all proceeds to Mack, according to the indictment.
From March through April 9, 2013, Mack brandished a firearm in front of three of the females. He choked and threatened to kill one of the female victims, according to the indictment.
Count 1 charged Mack with conspiring with Onysko to force the four victims to engage in commercial sex acts by using force, threats of force, fraud and coercion
Counts 2 through 5 charged Mack with forcing each of the four victims to engage in commercial sex acts by using force, threats of force, fraud and coercion.
Count 6 and 7 charged Mack with distribution of heroin and cocaine, respectively.
Count 8 and 9 charged Mack with obstruction of justice. Count 8 charged Mack with advising his son, identified only as T.L., to “stick with the script” when testifying before the Federal Grand Jury. Count 9 charged Mack with providing money to Onysko in May 2013 to purchase personal items for Victim 4 and to advise the victim not to “flip”. He also told the victim not to speak with FBI agents attempting to contact her and advising her not to make incriminating statements against Mack, according to the indictment.
This case is being prosecuted by Assistant United States Attorneys Bridget M. Brennan and Carole Skutnik following an investigation by the FBI and Elyria Police Department.
Trio Convicted of $1.4 Million Fraud ConspiracyRead the Press Release
Three people from the Greater Cleveland area were convicted for their roles in a $1.4 million fraud conspiracy involving property in North Carolina, said Steven M. Dettelbach, United States 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 Investigation, Cincinnati Field Office.
Camille M. Harris, 43, of Cleveland, Kenneth T. Embry, 57, of Lyndhurst, and Deon D. Levy, 44, of Bedford, were convicted following a jury trial on conspiracy to commit wire fraud and related charges.
They are scheduled to be sentenced on May 7.
All three were also affiliated with a general contracting company known as Ameribuild Management Company (AMC) in Cleveland: Harris was president, Embry was chief financial officer and Levy was director of operations from May 2007 through February 2008, according to the indictment.
Together, the trio conspired to enrich themselves by making false representations on a mortgage-loan application and other documents related to the North Carolina property and using fictitious invoices as a means to extract money, according to the indictment.
Around November 2007, Levy had been working with a realtor to find a property around Charlotte, N.C. Embry sent Levy bank statements for Harris’ personal account that falsely stated her bi-weekly salary payments were $31,260. Embry also emailed Harris’ personal tax returns and AMC’s corporate tax returns, both of which contained misrepresentations about the financial condition of Harris and AMC, according to the indictment.
On Dec. 21, 2007, Embry sent an invoice to a North Carolina escrow agent for $340,000 from an Ohio business called Wolfco, Inc. The invoice requested payment for work done on the North Carolina property, when in fact no work had been done, according to the indictment.
Embry again sent false bank statements and balance sheets that misstated the financial conditions of Harris and AMC, according to the indictment.
On Dec. 28, 2007, Harris executed and submitted a loan application for the North Carolina property to Fairway Independence Mortgage Corp. that contained several false statements, including claims that she had a monthly income of $62,520, she had more than $1.2 million in two bank accounts and that she owned property on East 141st Street in Cleveland with a market value of $80,000, according to the indictment.
That day, Harris and Embry caused the sale and closing on the North Carolina property with a disbursement check from Fairway of $1,393,873. That included $340,000 that was distributed to Wolfco, Inc. Five days later, Embry opened a bank account in the name of Wolfco, Inc. d/b/a Kenneth Embry, according to the indictment.
On Jan. 7, 2008, Harris and Embry caused the escrow agent to transfer $340,000 to Wolfco’s account. Later that day, Embry drafted a check in the amount of $181,000 made out to “cash.” He then transferred $150,000 from his Wolfco account to the AMC account controlled by Harris, according to the indictment.
Two days after that, Harris drafted a check in the amount of $80,000 from the AMC account payable to herself and deposited it into her personal account.
Harris and Embry caused a loss of approximately $599,388 to Fairway and Amtrust Bank, as the purchaser of the North Carolina property’s mortgage from Fairway, according to the indictment.
This case is being prosecuted by Assistant United States Attorney Robert J. Patton and Special Assistant United States Attorney Derek Kleinmann following an investigation by Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigations.
Four from Cleveland Indicted for Euclid Bank RobberyRead the Press Release
Four people from Cleveland were indicted for their roles in robbing a Euclid bank last month, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Germain D. Davis, Jr., 20, Julian Anderson, 23, Shawn Caldwell, 22, and Dejuan Brown, 24, were each indicted on one count each of armed bank robbery and one count of using and carrying a firearm during and in relation to a crime of violence.
The indictment alleges that the four men aided and abetted one another in robbing a PNC Bank in Euclid, Ohio, on January 24, 2014. It further alleges that the robbers stole approximately $39,900 from the bank and that they carried and brandished firearms during the robbery.
If convicted, the defendants’ sentences will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ role in the offense, and the characteristics of the violation. In all cases, the sentences will not exceed the statutory maximum and in most cases they will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorney M. Kendra Klump and Michelle M. Baeppler following an investigation by the Federal Bureau of Investigation and the Euclid 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.
Cuyahoga Falls Man Indicted for Trying to Buy A ChildRead the Press Release
Robert W. Thomas, 37, of Cuyahoga Falls, Ohio, was charged with offering to buy a child, enticement, and receiving and distributing visual depictions of minors engaged in sexually explicit conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland Office.
“The conduct laid out in the indictment should sound an alarm for all parents,” Dettelbach said. “We will remain vigilant in protecting our children from predators.”
“Mr. Thomas’ behavior and his stated desires for wanting to buy a child are frightening,” Anthony said. “Law enforcement will continue to proactively and aggressively pursue predators that intend to harm our children and this is yet another reminder for parents to be aware of their child's Internet activities.”
From on or about January 6, 2014, through on or about January 11, 2014, Thomas offered to purchase or otherwise obtain custody or control of a minor, that is, a 10-year-old girl, with the intent to promote the engaging in of sexually explicit conduct by such minor for the purpose of producing a visual depiction of such conduct; and such offer was communicated and transported using any means and facility of interstate and foreign commerce, and in and affecting interstate and foreign commerce by any means including by computer, according to the indictment.
The indictment also charges that from on or about January 6, 2014, through on or about January 11, 2014, Thomas knowingly used a computer connected to the Internet and a cellular phone, to attempt to induce a 10-year-old girl to engage in illegal sexual activity with him.
The indictment also charges that from on or about January 1, 2012, through on or about January 11, 2014, Thomas knowingly received and distributed in interstate and foreign commerce, by computer, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct.
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.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Canton Office of the Federal Bureau of Investigation and the Alliance 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.
Child Pornography Charged Filed on Sheffield Lake ManRead the Press Release
William D. Emery, 28, of Sheffield Village, Ohio, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges that from on or about August 16, 2012, through on or about August 19, 2012, Emery knowingly received and distributed in interstate and foreign commerce, by computer, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct.
The indictment also charges that on December 14, 2012, Emery possessed a computer and an external hard drive, each that contained child pornography.
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.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Elyria Office of the Federal Bureau of Investigation.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Brecksville Man and His Brother Indicted Scheme Involving Sale of Counterfeit Baseball CardsRead the Press Release
A Brecksville man and his brother were indicted for operating a scheme to defraud people who believed they were bidding on rare and collectable baseball cards on eBay including Babe Ruth and Mickey Mantle cards, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Steven Norris, age 38, of Brecksville, Ohio, and his brother, Scott Norris, age 40, of Milton, Penn., are named in the nine-count indictment. The charges include mail fraud and wire fraud.
“The charges allege that the defendants made tens of thousands of dollars in fraud proceeds using the great legends of baseball as trade bait,” Dettelbach said. “Now it is the defendants who are hooked. The Secret Service did a tremendous job putting this case together.”
Beginning in 2006 through 2012, Steven and Scott Norris advertised various baseball cards for sale on eBay. They utilized numerous email addresses to list the cards for sale. The cards, if genuine, would have been rare and valuable, including 1952 Mickey Mantle cards and 1933 Babe Ruth cards, according to the indictment.
The Norris’ accepted payments from bidders but failed to deliver the cards as required. In some instances, Steven and Scott Norris sent counterfeit or “reprinted” cards to successful bidders rather than the genuine cards advertised for sale, according to the indictment.
In other instances, Steven and Scott Norris contacted individuals who bid on the cards, represented the high bidder was unable to complete the transaction, and asked if the “runner up” bidder was interested in buying the item. They would then negotiate a sales price and direct the buyer to mail a cashier’s check to an address in Brecksville owned by the defendants’ parents. After receiving payment, Steven and Scott Norris would fail to deliver the items in question or sent counterfeit or “reprinted” baseball cards to the buyers, according to the indictment
As a result of the scheme, individual bidders and PayPal suffered losses totaling approximately $60,310, according to the indictment.
The indictment charges that in furtherance of the scheme, the defendants mailed or caused certain items to be mailed via the U.S. Postal Service and transmitted or caused the transmission of certain interstate wire communications.
The case is being prosecuted by Assistant United States Attorney Robert W. Kern following an investigation by the United States Secret Service.
If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
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 Man Charged with Child PornographyRead the Press Release
Nicholas B. Bowers, 30, of Akron, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct, transferring obscene material to a juvenile and enticement, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment charges that from on or about January 1, 2011, through on or about January 13, 2014, Bowers knowingly received and distributed in interstate and foreign commerce, by computer, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct.
The indictment also charges that Bowers knowingly used a device connected to the Internet, to attempt to persuade, induce, entice and coerce a twelve (12) year-old girl to engage in illegal sexual activity with him. The indictment also charges that Bowers used a facility and means of interstate commerce, that is, a device connected to the Internet, to knowingly transfer obscene matter, that is, a video file containing visual depictions of himself masturbating, to an individual who he knew had not attained the age of 16 years, that is, a 12-year-old girl.
The indictment also charges that on January 13, 2014, Bowers possessed two computers, a USB storage device, a cellular phone and numerous DVDs, each that contained child pornography.
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.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Akron Office of the Federal Bureau of Investigation, the Springfield Township Police Department, and the Toronto Police 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.
Bedford Heights Woman Charged with Stealing More Than $210,000 in Social Security PaymentsRead the Press Release
A Bedford Heights woman was charged with stealing and converting to her own use approximately $210,510 in Social Security payments made to her father after his death, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Gloria F. Vaughn, 71, was charged in a criminal information with one count of theft of government property.
Vaughn’s father received monthly Social Security Administration retirement benefits, which were deposited electronically into a KeyBank savings account. Upon Vaughn’s father’s death in September 1983, Vaughn continued to receive the benefits, which she knew were intended for her father and should have ceased upon his death, according to the indictment.
She received approximately $210,510 in Social Security payments between October 1983 and September 2012, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorney Lauren Bell, following investigation by agents of the Social Security Administration Office of Inspector General.
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.
Salem Pharmacist Sentenced to Two Years in Prison for Health Care FraudRead the Press Release
A Salem, Ohio, pharmacist was sentenced to two years in prison and ordered to pay more than $300,000 in restitution after previously pleading guilty to health care fraud, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio and Ohio Attorney General Mike DeWine.
Bruce E. Franken, 53, will also be on supervised release for three years upon his release from federal prison.
“This sentence sends an important message that there will be consequences for those that try to game programs such as Medicaid,” Dettelbach said. “Our office will continue to stamp out waste, fraud and abuse of all federal programs, particularly those that affect our health care system.”
“This defendant filled these prescriptions with complete disregard for the law because he knew that he was legally prohibited from doing so,” said Attorney General DeWine. “Because of his previous crimes, he was not allowed to work with Medicaid recipients, and he had no right to completely ignore this restriction.”
Franken was excluded from filling prescriptions for patients enrolled in federally funded health care programs, such as Medicaid, following convictions on multiple criminal charges, including theft of drugs, in 2001.
From May 14, 2009, through July 14, 2011, Franken worked as a pharmacist at J.H. Lease Pharmacy, 229 North Ellsworth Avenue, Salem, Ohio. He filled prescriptions for Medicaid recipients even though he knew he was excluded from participation in all federal health care programs.
As a result of Franken’s unauthorized and fraudulent claims, Medicaid was billed and subsequently paid these prescriptions that Franken was prohibited from providing in the amount of $301,550, according to court documents.
This case is being handled by Assistant U.S. Attorney Chelsea Rice and Special Assistant U.S. Attorney Constance Nearhood following an investigation by the Ohio Attorney General's Health Care Fraud Section and the U.S. Department of Health and Human Services, Office of Inspector General.
Brooklyn Man Sentenced to Three Years in Prison for Stealing Copper from SubstationsRead the Press Release
A Brooklyn, Ohio, man was sentenced to three years in prison for his role in a conspiracy to steal copper from two dozen substations in Northeast Ohio owned by First Energy or Cleveland Public Power, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office.
Michael T. Butts, 33, was also ordered to pay more than $242,626 in restitution to First Energy Corp. by U.S. District Judge Benita Pearson.
Butts and six other men previously pleaded guilty to conspiracy to damage energy facilities. Previously sentenced are:
William Bertini, 26, of Olmsted Falls, to two years in prison.
Christopher M. Butts, 27, of Cleveland, to four years and seven months in prison.
Jason B. Kauffman, 35, of Cleveland, to three years and one month in prison.
Julio Torres, 46, of Cleveland, to two year and three months in prison.
Jon T. Lefort, 26, of Cleveland, to one year and three months in prison
Keven Wenson, 22, of Lakewood, to two years of supervised release.
“These sentences should send a message that the theft of copper and other scrap metal is a serious problem in our region, and the targeting of energy facilities additionally poses a significant threat to our national security infrastructure,” Dettelbach said."This is the last of a group of seven that chose to enrich themselves while risking lives and posing serious threats to our community,” Anthony said. “The FBI and our law enforcement partners will continue to bring to justice those individuals who place our community in harm’s way.”
The thefts took place between January and May 2013 and included substations in Brooklyn, Parma, Brecksville, Fairlawn, Medina, Cleveland, Wadsworth, Lakewood, Cuyahoga Heights, Independence, Vermillion, Lorain, Avon Lake, Westlake and Valley View, according to court documents.
The 24 substations listed in the indictment have copper material around their bases that facilitated the transmission of electricity. Removal of the copper material from a substation causes a substantial risk of electrical blackouts as well as possible injury or death to utility company employees responsible for maintaining, servicing and repairing the substations, according to court documents.
Christopher and Michael Butts instructed Lefort, Bertini, Kauffman, Wenson and Torres how to remove the copper material from the substation in a way that would minimize the risk of physical harm to the person cutting the wire or cable. The defendants used bolt cutters to cut fencing and/or locks protecting the substations, according to court records.
The defendants then unlawfully extracted the copper wire and materials from the substations, manually carrying it in garbage cans, duffel bags, contractor bags and other containers to “staging areas.” From there, the copper material was transported to scrap yards, where it was sold for cash, according to court documents.
Court documents detail 25 copper thefts and five attempted thefts. It also lists 53 instances where at least some of the defendants sold stolen copper to area scrap yards between January and April 2013.
The defendants collectively sold the stolen copper for more than $15,000. They have collectively been ordered to pay $242,626 to First Energy Corp. for the cost of repairs to the substations.
This case is being prosecuted by Assistant U.S. Attorneys Thomas E. Getz and M. Kendra Klump following an investigation by the Federal Bureau of Investigation, Avon Lake Police Department, Brecksville Police Department, Medina County Sheriff’s Office, Middleburgh Heights Police Department, Valley View Police Department and Northeast Ohio Regional Fusion Center, and assistance from the Medina County Prosecutor’s Office.
Uniontown Man Indicted on Child Pornography ChargesRead the Press Release
Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, announced today that William T. West, 29, of Uniontown, Ohio, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct.
The indictment charges that from on or about November 12, 2013, through on or about January 20, 2014, West knowingly received and distributed, by computer, numerous computer files, which contained visual depictions of real minors engaged in sexually explicit conduct.
On January 21, 2014, images of child pornography were also found on his ASUS laptop computer, 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.
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.
Rittman Man Indicted for Methamphetamine ConspiracyRead the Press Release
A federal grand jury sitting returned a two-count indictment charging Jesse C. Lyons, age 32, of Rittman, Ohio with conspiracy to possess with the intent to distribute more than 50 grams of methamphetamine, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Additionally, Lyons was charged with one count of attempted possession with intent to distribute more than 50 grams of methamphetamine on January 15, 2014.
The investigation is being conducted by the United States Postal Inspection Service with assistance from the Summit County Sheriff’s Office and the Wadsworth Police Department. The case is being prosecuted by Special Assistant United States Attorney, Kevin Culum.
If convicted, the sentence of Lyons will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, his role in the offenses and the unique characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Cleveland Man Indicted for Four Bank RobberiesRead the Press Release
A grand jury returned a four-count indictment charging Eddie J. Fletcher, 39, of Cleveland, with three counts of bank robbery and one count of attempted bank robbery, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that Fletcher robbed three banks: First Merit Bank of Streetsboro, Ohio, on January 10, 2013; Chase Bank of Cleveland, Ohio, on April 3, 2013; and, First Place Bank of Cleveland Heights, Ohio, on September 9, 2013. The indictment further alleges that Fletcher attempted to rob the same Chase Bank branch on November 25, 2013.
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 M. Kendra Klump following an investigation by the Federal Bureau of Investigation, the Streetsboro Police Department, and other local law enforcement agencies.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Two Charged for Sheffield Lake Bank RobberyRead the Press Release
A federal grand jury returned an indictment today charging two people with robbing the Chase Bank at 4100 East Lake Road, Sheffield Lake, Ohio, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Andrew Perry, 21, of Lakewood, and Bryce Herring 18, of Elyria, were indicted on charges of bank robbery for the January 11, 2014, robbery of the financial institution.
This case is being prosecuted by Assistant U.S. Attorney Matthew B. Kall following investigation by the Federal Bureau of Investigation, the Sheffield Lake Police Department, and the North Olmsted Police Department.
If convicted, each 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.
Stow Man Sentenced to 33 Months in Prison for FraudRead the Press Release
A Stow man was sentenced to nearly three years in prison for defrauding his employer out of more than $744,000, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Thomas A. Steiger, 45, was sentenced to 33 monthis in prison after previously pleading guilty to six counts of wire fraud and four counts of interstate transportation of property obtained by fraud.
Steiger admitted that he had defrauded his employer, Voith Industrial Services, Inc. of Cincinnati. While working for Voith, Steiger was located at the Ford Motor Company Stamping Plant in Walton Hills, Ohio. During 2011-2012, Steiger defrauded his employer by ordering industrial equipment on company invoices, and after receipt, selling the equipment to individuals not related to Voith. Voith lost at least $744,109 as a result of Steiger’s scheme, according to court documents.
Steiger was also orderd to pay $744,109.00 in restitution.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Walton Hills, Ohio, Police Department. The case was prosecuted by Assistant United States Attorney James V. Moroney.
Seven Ohio Oncologists Ordered to Pay $2.6 MillionRead the Press Release
Seven Ohio oncologists have been ordered to collectively pay nearly $2.6 million after pleading guilty to importing cancer medications that had not been approved by the Federal Drug Administration, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The doctors pleaded guilty to causing the shipment of misbranded drugs, a misdemeanor violation of the Food, Drug and Cosmetic Act. They were sentenced to probation and ordered to pay fines and restitution. Their names, ages, the city where they practiced medicine and the amount they were ordered to pay are as follows:
Ranjan Bhandari, 56, Liverpool, $1,139,532.
Timmappa Bidari, 68, Parma, $158,418.
David Fishman, 62, Euclid, $150,000.
Su-Chiao Kuo, 60, Brunswick, $179,840.
Marwan Massouh, 54, Westlake, $609,150.
Poornanand Palaparty, 62, Cleveland, $128,160.
Hassan Tahsildar, 55, Euclid, $179,316.
“These doctors used drugs that had not been approved by the FDA,” Dettelbach said. “Our office is committed to working with our partners to make sure patients are getting medicine that has been properly inspected.”
Antoinette V. Henry, Special Agent in Charge, FDA's Office of Criminal Investigations, said: “FDA's regulatory standards are designed to ensure the safety and quality of the medical devices and drugs distributed to American consumers. We will continue to work to investigate all persons, including medical professionals, who disregard regulatory requirements and jeopardize the public health by participating in the distribution of misbranded products.”
“The introduction of misbranded prescription medications and the subsequent billing of Medicare for such medication is improper and illegal,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General - Chicago Region. “This conduct is potentially harmful to patients as it circumvents the laws that were enacted to ensure medications are safe for use and further squanders vital taxpayer dollars.
“The OIG will continue to work with our law enforcement partners to ensure that these types of violations are identified, investigated and prosecuted to the fullest extent of the law.”
The doctors are accused of obtaining drugs, including Zometa, Kytril, Taxotere, Gemzar, Eloxatin and others, from outside the United States, where the drugs were not approved by the FDA, according to the charges.
A drug may be considered misbranded even if it is identical in composition to an FDA-approved drug (that is, a drug labeled and packaged in compliance with the FDA’s standards) and even if it was made by the same manufacturer in the same facility as the FDA-approved version.
These cases were prosecuted by Assistant U.S. Attorneys Michael L. Collyer and James L. Bickett following investigations by the FDA – Office of Criminal Investigations and the Department of Health and Human Services – Office of Inspector General.
Anyone suspecting health care fraud, waste or abuse can report it by calling the U.S. Department of Health and Human Services, Office of Inspector General at 800-447-8477. To learn more about health care fraud prevention and enforcement go to www.stopmedicarefraud.gov
Waterville Woman Charged with Bank FraudRead the Press Release
A Waterville woman was charged with bank fraud after she allegedly cashed or attempted to cash approximately 20 stolen checks, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Corisa J. Tolford was charged via criminal information. The charges relate to bank fraud beginning approximately February 7, 2011 and continuing through April 1, 2013.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the United States Postal, Cleveland. The case is being handled by Assistant United States Attorney Ava Dustin.
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.
Parma Man Charged for Recruitment Fraud ConspiracyRead the Press Release
A Parma man was charged with conspiracy to commit mail fraud for his role in defrauding the Cleveland Clinic out of approximately $179,040, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office.
Richard Zukowski, 49, is charged with one count of conspiracy to commit mail fraud.
Zukowski owned and operated an independent recruiting firm called the David Anthony Group, Inc. or DAG. The company maintained a contract with the Cleveland Clinic from 2008 through January 2013 to help locate and recruit certified registered nurse anesthetists to work within the Clinic’s Anesthesiology Institute, according to the criminal information.
The Cleveland Clinic paid DAG commissions, equal to a percentage of the first year annual salary, for each successful certified registered nurse anesthetist recruited by DAG, according to the information.
An individual identified as R.B. was the Institute Administrator within the Anesthesiology Institute at the Cleveland Clinic. R.B. submitted invoices related to the commissions for people purportedly recruited by DAG.
Zukowski conspired with R.B. from about June 15, 2010 through around January 2013, according to the information.
R.B. provided names, dates of invoice and DAG commission figures to Zukowski for 10 individuals. R.B. instructed Zukowski to submit a recruiting invoice through DAG for each individual whose name R.B. provided. At no point did Zukowski or DAG recruit the 10 individuals for employment at the Cleveland Clinic, according to the information.
The Cleveland Clinic mailed Zukowski eight checks which totaled $179,040, according to the information.
R.B. then asked Zukowski to return half the money Zukowski received as payment for the invoices. Zukowski transferred only about one-third of the proceeds to R.B. Zukowski withdrew approximately $60,000 in cash, in increments between $1,500 and $2,000, and hand delivered the cash to R.B. in envelopes, according to the information.
This case is being prosecuted by Special Assistant U.S. Attorney Derek Kleinmann following an investigation by the Federal Bureau of Investigation.
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 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.
Solon Couple Indicted for $750,000 Health Care FraudRead the Press Release
A Solon couple was indicted on nine counts of health care fraud for defrauding Medicaid out of approximately $750,000 by providing ambulette rides to patients who did not use or need wheelchairs, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Ohio Attorney General Mike DeWine.
Antwain Hamilton and Temeca Hamilton, both 37, were arrested this morning. They were indicted, along with the company they owned, Star Medical Transportation, located at 16004 Broadway Ave., Maple Heights, Ohio. Temeca Hamilton faces an additional count of witness tampering.
“These defendants are charged with stealing from a program designed to help those who cannot get themselves to doctors’ appointments,” Dettelbach said. “We will continue to prosecute those who abuse government programs for their own personal gain.”
"These individuals billed Medicaid for hundreds of thousands of dollars’ worth of services that they never provided and got paid for it in taxpayer dollars,” said Attorney General DeWine. “This type of fraud does not go unnoticed, and we will get that funding back so that it can go towards people who need healthcare services in Ohio.”
Ambulette services contract with the Ohio Medicaid programs to transport patients in vehicles known as ambulettes. An ambulette is a specially equipped van designed for wheelchair passengers. Medicaid pays ambulette operators for driving Medicaid patients to and from Medicaid-covered appointments, so long as the patient rides in a wheelchair, a medical doctor certifies the need for the wheelchair and ambulette and the ambulette itself otherwise meets safety specifications.
The defendants are charged with defrauding Medicaid out of approximately $750,000 between 2010 and 2013 by charging Medicaid for rides of patients who did not use or need wheelchairs, billing Medicaid for ambulette attendants when no such attendants were used and billing Medicaid for transports that never occurred.
The last count of the indictment alleges Temeca Hamilton tampered with a witness, a Medicaid recipient, by asking the witness to tell law enforcement that she had been receiving transportation services from Star Transport for the last five years, which is false.
This indictment is the result of an investigation by the Ohio Attorney General’s Medicaid Fraud Control Unit and the Office of the Inspector General, United States Department of Health and Human Services. The case is being prosecuted by Assistant U.S. Attorney Michael L. Collyer and Special Assistant U.S. Attorney Constance Nearhood, an Assistant Attorney General for the State of Ohio.
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.
Former Bookkeeper at Taupa Lithuanian Credit Union Charged with EmbezzlementRead the Press Release
A former external bookkeeper of Taupa Lithuanian Credit Union was charged today for engaging in a conspiracy that defrauded the credit union out of nearly $1 million, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office.
Vytas Apanavicius, 44, of Mentor, was charged in a criminal information with one count of conspiracy to commit theft or embezzlement from a credit union.
Apanavicius owned VPA Accounting Inc., through which he provided bookkeeping and accounting services from 1995 through 2013. These services included recording month-end journal entries for general ledger accounts, paying and recording monthly expenses and compiling monthly balance sheets and income statements, according to the information.
From at least 2001, Apanavicius controlled six accounts at Taupa. In his role as external bookkeeper, Apanavicius became aware that Taupa CEO Alex Spirikaitis routinely deposited and transferred Taupa funds into member accounts to cover multiple overdrafts, according to the information.
Apanavicius then withdrew funds from his accounts and did not maintain sufficient balances to cover withdrawals. Spirikaitis deposited and transferred Taupa funds into Apanavicius’ accounts to cover his overdrafts and withdrawals, according to the information.
Spirikaitis caused Taupa to make approximately 72 false and fraudulent deposits and transfers into Apanavicius’ accounts. He also provided Apanavicius with approximately $25,000 in fraudulent proceeds from Taupa for the purchase of a new Jeep Cherokee, according to the information.
As a result of that conspiracy, Taupa and the NCUA suffered a loss of approximately $962,689, according to the information.
The National Credit Union Administration and the Ohio Department of Commerce took possession of Taupa last July and placed it into receivership due to its insolvency. Taupa had about 1,150 members and assets of approximately $24 million, according to court records.
Spirikaitis, 51, of Solon, Michael Ruksenas, 33, of Naples, Florida, and John Struna, 51, of Concord Township, have previously been charged for their roles in the conspiracy.
This case is being prosecuted by Assistant United States Attorney Robert J. Patton and Special Assistant United States Attorney Derek Kleinmann. The case was investigated by the Federal Bureau of Investigation.
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 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.
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.
Euclid Woman Sentenced to Prison for Tax ConspiracyRead the Press Release
A Euclid woman was sentenced to 19 months in prison and ordered to pay $74,904 in restitution for her role in a scheme to file false and inflated income tax returns, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Kenyada Spates, of Euclid, Ohio, was previously found guilty of one count of conspiracy to make false claims and nine counts of making false claims.Spates admitted to helping prepared 35 false income tax returns. Spates recruited friends and relatives to use as income tax refund claimants. Part of the refund money was deposited into accounts controlled by Spates, according to court documents
The case is being presented by Assistant United States Attorney Gregory C. Sassé after an investigation by agents of the Office of Inspector General for Tax Administration of the Department of the Treasury and by the agents of the Criminal Investigation Division of the Internal Revenue Service of the Department of the Treasury.
Cleveland Attorney Charged with Tax ViolationsRead the Press Release
Attorney Ronald L. Rosenfield was charged in an information with failing to report and pay approximately $196,832 of employment taxes announced United States Attorney Steven M. Dettelbach. The case is assigned to United States District Judge John R. Adams in Akron.
The unpaid taxes consisted of income taxes and FICA taxes withheld from the wages paid by his law firm, Ronald Rosenfield Co., L.P.A., including his own wages, for the eighteen consecutive calendar quarters from December 2006 through March 2011, according to the information. The information also alleges that Rosenfield failed to report and pay an unspecified amount of additional employment taxes for all of the prior quarters dating back to June 2001.At all relevant times, Rosenfield retained a national payroll firm, which prepared the law firm’s required employment tax returns for him to file with the Internal Revenue Service. Rosenfield, however, did not file any of those returns and made no payments of the taxes reported on those returns, according to the information. Moreover, the information alleges that Rosenfield claimed credits on his personal income tax returns for his unpaid income tax withholdings.
Rosenfield, age 70, resides in South Euclid, Ohio, according to court documents.
The case is being prosecuted by Assistant United States Attorneys John M. Siegel and Justin J. Roberts, following an investigation by the Internal Revenue Service – Criminal Investigation, Independence, 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 violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
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.
U.S. Attorney's Office Filed More Than 200 Firearms Indictments Last YearRead the Press Release
The United States Attorney’s Office for the Northern District of Ohio filed 207 illegal firearms indictments last year, U.S. Attorney Steven M. Dettelbach announced.
“This office and our law enforcement partners continue working around the clock to enforce our nation’s firearms laws,” Dettelbach said. “We will continue to go after the worst of the worst -- those who tote firearms and ammunition, despite prior felony convictions, as well as unlicensed dealers, straw purchasers and others who break the law.”
“Combating violent crime and protecting the public is ATF’s top priority,” said Alden J. Fry, Assistant Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, Columbus Field Division. “By focusing our efforts on impacting violent crime in our communities, ATF agents are getting guns out of the hands of violent criminals in order to make our neighborhoods safer.”
Broken down by geography in the district, the most indictments filed came out of the Cleveland office, with 103. That was followed by the Youngstown office (60), Akron office (23) and Toledo office (21).
There were 172 defendants sentenced last year for firearms crimes and the average sentence was nearly six years in prison (68.2 months).
Details of selected cases:
U.S. v. Torrence
Canton resident Renard Torrence pleaded guilty to 12 counts in December – one count of dealing firearms without a license and 11 counts of theft of firearms from federal firearms licensees. Torrence stole 11 firearms last year from dealers in Medina, Wooster, Sugarcreek, Canton, Strasburg, Canal Fulton, Cuyahoga Falls, Chester Township, Carrollton, New Philadelphia and Ravenna. He is scheduled to be sentenced in March.
Warren Operation
More than 150 firearms were seized as part of an investigation that resulted in charges against 55 people for violations of federal firearms and narcotics laws in April. An additional 42 people were charged in state court. In just one example, Lewis Powell of Warren was indicted for illegally possessing 14 firearms, as well as body armor and weapons with obliterated serial numbers, as part of a conspiracy that brought heroin and cocaine from Detroit to Warren.
U.S. v. Schmidt
Richard Schmidt, of Toledo was sentenced to nearly six years in prison after pleading guilty to a variety of firearms charges after investigators found him in possession of 18 firearms, body armor and more than 40,000 rounds of ammunition, despite a previous manslaughter conviction.
U.S. v. Romero
Jose Romero, of Lorain, was sentenced in September to nearly seven years in prison after previously pleading guilty to possessing 40 rifles, pistols and revolvers despite a 2005 conviction for domestic violence which precluded him from having firearms.
Firearm prosecution statistics for calendar year 2002 through 2013 are as follows:
2002: 117 indictments
2003: 155 indictments
2004: 184 indictments
2005: 220 indictments
2006: 187 indictments
2007: 191 indictments
2008: 157 indictments
2009: 156 indictments
2010: 166 indictments
2011: 218 indictments
2012: 176 indictments
2013: 207 indictments
Massillon Man Sentenced to More Than Three Years in Prison for Embezzlement and Tax EvasionRead the Press Release
A Massillon man was sentenced to more than three years in prison for defrauding four clients out of $442,072, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
David Lee Cheviron, 61,was sentenced to 38 months in prison by U.S. District Judge Donald C. Nugent. The judge also ordered Cheviron to pay $442,072 to the victims and $85,616 to the IRS.
Cheviron was a financial consultant at First Merit Bank, Huntington Bank, and JP Morgan Chase Bank between 2006 and 2010, during which time he embezzled the money from the clients. Cheviron converted the money for his own personal use. He also failed to report the funds he received from the schemes on his federal tax returns, according to court documents.
He pleaded guilty last year to one count each of bank embezzlement and tax evasion.
This case is being prosecuted by Assistant United States Attorney Vasile C. Katsaros, following an investigation by the Federal Bureau of Investigation and the Internal Revenue Service.
Two Ohio Men Indicted for Crack Cocaine ConspiracyRead the Press Release
A three-count indictment was unsealed today charging two Ohio men with conspiracy to distribute and distribution of crack cocaine, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Richard Scales, age 27, of Windham, Ohio, was arrested today. Mario D. Ervin, age 34, of Warren, Ohio, remains at large.
Count 1 of the indictment charges that in or about November 2012, Ervin and Scales conspired with each other to distribute more than 28 grams of crack cocaine. As part of the conspiracy, Ervin would supply Scales with crack cocaine for distribution in the Ravenna, Ohio area and elsewhere.
Counts 2 and 3 of the indictment charge Ervin and Scales with distributing more than 28 grams of crack cocaine on or about November 13 and November 19, 2012.
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 Drug Enforcement Administration and the Portage County Drug Task Force. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.
An indictment in only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Two Akron Men Indicted for Cocaine ConspiracyRead the Press Release
Two Akron men were indicted for their roles in a cocaine conspiracy, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Jermaine D. Bailey, age 39, and Leonard B. Tyler, Jr., age 32, were charged with one count each of conspiracy to possess with the intent to distribute approximately 245 grams of cocaine and one count of possession with intent to distribute approximately 245 grams of cocaine on November 13, 2013.
If convicted, the sentences of Tyler and Bailey will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, his role in the offenses and the unique characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation is being conducted by the United States Postal Inspection Service with assistance from the Akron Police Department. The case is being prosecuted by Kevin Culum, Trial Attorney.
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 Ohio Men Face Federal Firearms ChargesRead the Press Release
Two Youngstown men and a third from Lisbon, Ohio, faced federal firearms charges for unrelated cases, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Joshua Heasley, 24, of Youngstown, was indicted on one cout of making false and fictitious written statements to a federally licensed firearms dealer in order to purchase a firearm.
The indictment charges that on or about June 27, 2013, Heasley made a false and fictitious written statement to Sandel’s Loan, Inc., Youngstown, Ohio, in that he represented he was the actual purchaser of a Mossberg, model 500, 12 gauge shotgun, that he was purchasing for another individual.
Bernard A. Ritteger, 33, of Lisbon, Ohio, was indicted on one count of possession of an unregistered destructive device. The indictment charges that on or about October 19, 2013, Ritteger possessed an S/S Inc., 12 gauge, street sweeper style shotgun, not registered to him in the National Firearms Registration and Transfer Record.
Crispulo Rodriguez, aka Franco Crispulo, age 41, of Youngstown, was indicted on one count of being a felon in possession of a firearm and ammunition.
The indictment charges that on or about December 12, 2013, Rodriguez possessed a Taurus, model PT 24/7 PRO DS, .45 caliber pistol and ammunition, despite previous convictions for armed robbery, assault with a dangerou weapon and assault and battery of a guard or corrections officer, all in the Hampden Superior Court in the Commonwealth of Massachusetts, and manslaughter, in the Norfolk Superior Court in the Commonwealth of Massachusetts.
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 investigations preceding these indictments were conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Youngstown Police Department and the Ohio Adult Parole Authority in the Rodriguez indictment. The cases are being prosecuted by Assistant United States Attorney David M. Toepfer.
An indictment in 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.
Michigan Man Charged for Possessing 900 Oxycodone PillsRead the Press Release
A federal grand jury returned a one-count indictment charging James E. Wilson, age 42, of Rochester, Michigan, with possession with the intent to distribute approximately 900 pills of Oxycodone, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Wilson was arrested on December 9, 2013 by the Stark Metro Drug Task Force during the execution of a search warrant at Wilson’s hotel room. The search warrant yielded approximately 900 pills of Oxycodone which Wilson had brought to Ohio for sale, according to the indictment.
The indictment resulted from an investigation conducted by the DEA assisted by the Stark Metro Drug Task Force, Jackson Township Police Department, Canton Police Department, Stark County Sheriff’s Office, and the Summit Count Sheriff’s Office Drug Unit. The case is being prosecuted by Assistant U.S. Attorney Teresa Dirksen.
If convicted, Wilson’s sentence will be determined by the Court after review of factors unique to this case, including his prior criminal record, if any, his role in the offenses and the unique characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Indictments Filed in Cleveland Heights Bank Robbery CasesRead the Press Release
Three separate indictments were filed charging five men for their roles in two bank robberies in Cleveland Heights late last year, 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.
Lavontrae Melvin Durden, 19, of Cleveland, and Nathaniel Antoine Wright, 18, of Cleveland Heights, were indicted on charges of armed bank robbery and brandishing a firearm for the Nov. 22nd robbery of the Ohio Savings Bank located at 2066 Lee Road.
In a separate indictment, Lovell L. Briggs, 18, of Cleveland, was charged with conspiracy to commit armed bank robbery, aiding and abetting armed bank robbery and aiding and abetting brandishing a firearm for his role in the Nov. 22nd robbery of the Ohio Savings Bank located at 2066 Lee Road.
In a separate indictment, Rodney E. Johnson, 21, and Nautica Merritt, 20, both of Cleveland, were charged with armed bank robbery for the Dec. 7th robbery of the Fifth Third Bank at 12401 Cedar Road. Johnson faces an additional charge of brandishing a firearm.
“The citizens of Cleveland Heights are safer with this group locked up,” Dettelbach said.
“These five individuals put everyday citizens in danger with their aggressive and violent actions,” Anthony said. “This crew is off our streets through the collaborative efforts of the FBI Violent Crimes Task Force and the Cleveland Heights Police Department. The investigation continues to determine the full extent of their criminal activity.”
Cleveland Heights Police Chief Jeff Robertson said: “This case is the result of great collaboration between the Cleveland Heights Police Department, the FBI and the Cleveland Police Department in apprehending these violent individuals.”
These cases are being prosecuted by Assistant U.S. Attorneys Justin Seabury Gould and Kelly L. Galvin following investigation by the Federal Bureau of Investigation and the Cleveland Heights Police Department, with assistance from the Cleveland Division of Police and the Cuyahoga County Prosecutor’s 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.
Former Taupa Lithuanian Credit Union CEO Charged for $15 Million FraudRead the Press Release
The former chief executive officer of Taupa Lithuanian Credit Union was charged today for engaging in a conspiracy that defrauded the credit union out of $15 million, some of which he used to build a home in Solon, obtain a luxury suite at Cleveland Browns games and buy multiple vehicles and firearms, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office.
Alex Spirikaitis, 51, was charged in a criminal information with one count of conspiracy to commit bank fraud. Spirikaitis personally embezzled about $4.2 million from Taupa between 2001 and 2013, according to the information.
“This defendant stole millions of dollars from credit union members who entrusted him,” Dettelbach said. “He lived a life of luxury based on stolen money and now he must own up for those actions.”
“Alex Spirikaitis spent more than a decade engaged in corrupt actions before fleeing from the home he purchased with credit union funds and hiding in Collinwood for 3 ½ months,” Anthony said. “The FBI thanks the public for their patience while the investigation continued and allowed us to bring this fraudster to justice.”
The National Credit Union Administration and the Ohio Department of Commerce took possession of Taupa last July and placed it into receivership due to its insolvency. Taupa had about 1,150 members and assets of approximately $24 million, according to court records.
Spirikaitis used the money he embezzled buy multiple firearms, which he stored at the credit union, and a suite for Cleveland Browns games. He used Taupa’s money to purchase nine vehicles for himself and his family between 2007 and 2012, according to the information.
He also used Taupa funds to write 26 checks between November 2011 and November 2012, totaling $1,655,000, to build a home on Liberty Road in Solon, according to the information.
He also engaged in a conspiracy with several other people and their actions led to a loss of approximately $15 million to the credit union and NCUA.
Michael Ruksenas, 33, of Naples, Florida, and John Struna, 51, of Concord Township, have previously been charged for their roles in the conspiracy.
Ruksenas worked as a teller from 1999 through 2006 at Taupa, which was located at 767 East 185th Street in Cleveland. Spirikaitis routinely reviewed the daily share draft report, circled names of certain members listed on the report with NSF checks, and instructed Ruksenas in his capacity as teller to honor and pay the NSF checks Spirikaitis had circled, according to the information.
After Ruksenas learned Spirikaitis honored overdrafts from certain accounts, he withdrew funds from his two accounts. Spirikaitis then transferred funds from Taupa directly into Ruksenas’ personal accounts to cover Ruksenas’ overdrafts, according to the information.
Also, Ruksenas worked as a home health aide for one of Spirikaitis’ relatives from 2007 through 2009, during which time Spirikaitis used credit union funds to purchase Ruksenas a Jeep Cherokee, according to the information.
As a result of that conspiracy, Taupa and the National Credit Union Association (which insures credit unions) lost approximately $481,000, according to the information.
Struna maintained both personal and corporate accounts at Taupa dating back to 1995. He began a conspiracy with Spirikaitis in 2007, during which time Struna overdrew his accounts by approximately $2.5 million, according to the information.
Struna called Spirikaitis about twice a month and requested Spirikaitis’ approval to withdraw additional funds. Spirikaitis made multiple transfers from Taupa’s internal accounts to cover the overdrafts, according to the information.
Spirikaitis caused Taupa to make approximately 38 false and fraudulent wire transfers into Struna’s personal accounts between 2007 and 2013. During that time, Struna repaid only approximately $15,000, according to the information.
In 2011, Struna requested and received $112,105 from Spirikaitis for the purchase of a condominium located in Ft. Myers, Florida. In 2012, he requested and received approximately $100,000 for an investment opportunity. At no time did Struna submit any credit applications or loan documents, according to the information.
As a result of that conspiracy, Taupa and the NCUA suffered a loss of approximately $2.5 million, according to the information.
The information also details similar conduct in which Spirikaitis transferred Taupa funds to cover overdrafts for others who worked at Taupa or had accounts there.
A person identified only as A.B. worked at Taupa between 1991 and 2013 and withdrew more than $1.3 million for which there were insufficient funds, according to the information.
A person identified only as G.C. withdrew approximately $1 million from accounts for which there were insufficient funds between 2001 and 2013. Spirikaitis made multiple transfers from Taupa’s internal accounts to cover the overdrafts, according to the information.
A person identified only as P.B. withdrew approximately $1 million from accounts for which there were insufficient funds between 2001 and 2013. Spirikaitis made multiple transfers from Taupa’s internal accounts to cover the overdrafts, according to the information.
A person identified only as V.A., who worked at Taupa as a bookkeeper, withdrew approximately $120,000 from accounts for which there were insufficient funds, according to the information.
This case is being prosecuted by Special Assistant United States Attorney Derek Kleinmann and Assistant United States Attorney Robert J. Patton. The case was investigated by the Federal Bureau of Investigation.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 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.
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.
Cuyahoga Falls Man Charged for Trying to Purchase 10-Year-Old GirlRead the Press Release
Stephen D. Anthony, Special Agent in Charge of the Cleveland Division of the Federal Bureau of Investigation and Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, announce the federal arrest of Robert W. Thomas, age 36 of Cuyahoga Falls, Ohio.
On January 11, 2014, detectives from the Alliance Police Department arrested a man who was attempting to purchase a 10-year-old female child to keep and use for sexual purposes. The man had posted on an online site asking for anyone willing to arrange a “marriage” of their daughter to him. An Alliance Police Department officer, also assigned to the Ohio Internet Crimes Against Children Task Force, responded to the man’s posting and began a conversation.
Robert W. Thomas agreed to a meeting with the online undercover officer to purchase for $400 what he believed to be a 10-year-old child. Thomas and the officer, acting in an undercover capacity, met in a business establishment in Alliance and then went outside to complete the “transaction.” As the two approached the undercover officer’s vehicle, Thomas was arrested. At the time of arrest, Thomas had $400 cash in his hand. Thomas was taken into custody and was held in the Stark County Jail on a $2 million bond.
The FBI and the Cuyahoga Falls Police Department provided assistance to the Alliance Police Department during the arrest and the subsequent search warrant conducted at Thomas’ residence.
After intensive review with consideration given to the nature and the seriousness of the offense, the investigative team and prosecutors deemed it appropriate to file federal charges.
On January 14, 2014, a federal arrest warrant was authorized charging Robert W. Thomas with one count of Title 18 U.S.C. 2251 A(b)(2)(A), which is the selling or buying of children.
“This case is the result of outstanding investigative work completed by the Alliance Police Department and its partners,” Anthony said. “Mr. Thomas should be prosecuted to the fullest extent of the law and these federal charges will ensure justice is served. Law enforcement will continue to proactively and aggressively pursue predators that intend to harm our children.”
Dettelbach said: “The conduct laid out in these charges is disturbing. Our office remains committed to working with the FBI and all our law enforcement partners to defend our children and fight human trafficking.”
Jennifer L. Arnold, law director for the city of Alliance, said: “The Alliance Law Director’s office would like to commend all the agencies involved in this arrest. While the investigation moved quickly with the Alliance Police, the FBI, the Cuyahoga Falls Police Department, and Judge Lisa Coates of the Stow Municipal Court assisted to ensure that this matter was done with professionalism. This matter received the highest priority treatment by all agencies as warranted by a case of this nature.”
“This was a tremendously successful investigation and operation performed under the supervision of Lieutenant John Jenkins, Detective Bureau Commander,” said Chief Scott C. Griffith, Alliance Police Department. “Also playing integral roles were Detective Matt Shatzer and Officer Hope Rummell, who were assisted by Detective Mike E. Jones, Detective Robert Rajcan, and Officer Don Bartolet. We also appreciate all the assistance given our investigators by the FBI.”
A complaint is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
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, the defendant’s role in the offenses, and the characteristics of the violations. In all cases, the sentences will not exceed the statutory maximum and in most cases they will be less than the maximum.
Any questions regarding this news release can be directed to Special Agent Vicki D. Anderson at the Cleveland Office of the FBI, (216) 522-1400 or [email protected].
Child Pornography Charged Filed Against Four PeopleRead the Press Release
Child pornography charges were filed against four people in unrelated cases, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Mark A. Steffee, 43, of Hartville, Ohio, was charged with enticement and possession of child pornography. The indictment charges that from on or about September 1, 2005, through on or about December 1, 2005, and again from on or about March 5, 2013, through on or about March 27, 2013, Steffee, knowingly used a computer connected to the Internet, to attempt to persuade, induce, entice and coerce a 14-year-old girl to engage in illegal sexual activity with him. The indictment also charges that on March 27, 2013, Steffee possessed a computer that contained child pornography.
Marcus W. Cover, 30, of from Midvale, Ohio, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct. The indictment charges that from on or about September 5, 2013, through on or about September 29, 2013, Cover knowingly received and distributed in interstate and foreign commerce, by computer, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct. The indictment also charges that on December 16, 2013, Cover possessed a computer that contained child pornography.
Kimberly Metzdorf, 23, of Ashtabula, Ohio, was charged with producing, receiving, distributing and possessing child pornography. The indictment charges that on or about July 8, 2013, July 12, 2013 and July 15, 2013, Metzdorf permitted a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct, knowing that such visual depiction would be transported in interstate and foreign commerce. The indictment also charges that from on or about July 3, 2013, through on or about July 23, 2013, Metzdorf knowingly received and distributed in interstate and foreign commerce, numerous digital files, which files contained visual depictions of real minors engaged in sexually explicit conduct. The indictment also charges that on December 17, 2013, Metzdorf possessed an iphone that contained child pornography.
Nicholas Gerhardt, 68, of Canton, Ohio, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct. The indictment charges that from on or about November 19, 2012, through on or about December 1, 2012, Gerhardt knowingly received and distributed in interstate and foreign commerce, by computer, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct. The indictment also charges that on February 13, 2013, Gerhardt possessed a computer and an external hard drive each that contained child pornography.
If convicted, the sentences in these cases 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 Steffee case was investigated by the United States Secret Service, the Ohio Internet Crimes Against Children Task Force and the Hartville Police Department. The Cover case was investigated by the Canton Office of the Federal Bureau of Investigation and the Canton Police Department. The Metzdorf case was investigated by the Department of Homeland Security, Homeland Security Investigations. The Gerhardt case was investigated by the Canton Office of the Federal Bureau of Investigation and the Canton Police Department.
These cases are being prosecuted by Assistant United States Attorney Michael A. Sullivan.
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.
Twenty from Akron Indicted in Heroin Case, Including One for Providing Heroin That Resulted in Fatal OverdoseRead the Press Release
Twenty people were indicted for their roles in a conspiracy that brought heroin and other drugs to Akron and an Akron was charged with providing heroin that resulted in an overdose death, law enforcement officials announced today.
The indictment includes a death specification enhancement against Garland V. Phelps, Jr. The indictment alleges that a person fatally overdosed on Dec. 25, 2012, on heroin distributed by Phelps.
Eighteen Akron residents were charged with conspiracy to possess with intent to distribute heroin. Two other people, also of Akron, were indicted on related charges.
The indictment describes a conspiracy that took place from 2011 through 2014, in which heroin was brought to Akron from Atlanta, Chicago and other cities. It also details discussions between some conspirators about shooting, robbing and killing rival drug dealers and discussions about killing people they suspected of being informants to law enforcement.
“These defendants profited off people’s addictions, and in one case directly contributed to an overdose death,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio. “We will continue to aggressive prosecute heroin dealers while working with medical and treatment professionals in an effort to thwart this epidemic.”
U.S. Drug Enforcement Administration Acting Special Agent in Charge James Van Allen stated: “Heroin use has become one of the largest drug abuse problems in Ohio and across the United States. This joint operation is a clear demonstration of the ongoing commitment the law enforcement community throughout Northeast Ohio has on working together to fully investigate those individuals and drug trafficking organizations that choose to endanger our community by trafficking in heroin and other illegal drugs.”
“This is an example of the fine working relationship between law enforcement in Summit County and out continued attack on drug trafficking,” said Akron Police Chief James Nice.
Summit County Sheriff Steve Barry stated, “This successful operation was made possible by the collaboration between federal, state, and local law enforcement. We will continue investigating and dismantling this drug operation with our law enforcement partners.”
The following individuals were indicted:
Name
Age
Garland V. Phelps Jr., aka “Felix”
36
33
Willie L. Sanders Jr.
27
Larry P. Dorsey
27
James M. Porter
24
Larry L. Sullivan Jr.
42
Brian A. Proctor
35
Cortez L. Davis
28
Matt E. Shocklee
56
Aaron S. Farrey
31
Garland J. Thompson, aka “Chill”
27
Antonio V. Dorman
24
Tramontay D. McWain
27
Jermaine D. Freeman
41
Antonia D. Easter
24
William D. Robinson
27
Denay M. Webb
29
Michaelas F. King
35
Quinntin R. Chatman
35
Marcus D. Mitchell
42
All of the defendants, with the exception of Quinntin R. Chatman and Marcus D. Mitchell, are charged in Count 1 with conspiracy to distribute and to possess with the intent to distribute heroin.
In Counts 2-17, various defendants are charged with substantive distributions of heroin, methamphetamine, cocaine and crack cocaine.
Phelps obtained multi-ounce and larger quantities of heroin from various suppliers, including Sykes, Sanders and a person identified only as Conspirator 1. Phelps, Sykes and Sanders distributed the heroin to various dealers, including Dorsey, Porter, Sullivan, Proctor, Davis, Shocklee, Thompson, Dorman, McWain, Easter, Robinson and King, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation was conducted under the U.S. Attorney’s Organized Crime Drug Enforcement Task Force, which is part of a national program that seeks to identify, investigate and prosecute significant drug trafficking enterprises by utilizing multiple investigative and prosecuted resources.
This case is being prosecuted by Assistant U.S. Attorneys Samuel A. Yannucci and Teresa Dirksen following an investigation was by the Drug Enforcement Administration, in partnership with the Akron/Summit County High Intensity Drug Trafficking Area initiative, the Federal Bureau of Investigation Safe Streets Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Summit County Drug Unit is comprised of members from the Summit County Sheriff’s Office, New Franklin Police Department, Stow Police Department, Copley Police Department, Cuyahoga Falls Police Department, Akron Police Department, FBI, DEA, Reminderville Police Department, Springfield Police Department, University of Akron Police Department, and the Barberton 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.
Former Lorain County Corrections Officer Sentenced to 18 Months in Prison for Repeatedly Striking InmateRead the Press Release
A former Lorain County corrections officer was sentenced today to serve 18 months in prison followed by two years of supervised release after previously pleading guilty to one count of deprivation of rights under color of law, announced Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division, U.S. Attorney Steven M. Dettelbach for the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Office.
Marlon Taylor, 47, of Vermilion, Ohio, was working as a corrections officer in Lorain County Jail on July 29, 2012, when he assaulted an inmate by striking him repeatedly, according to court documents.
These actions caused bodily injury to the inmate and deprived the inmate of the right to be free from cruel and unusual punishment, according to court documents.
"Uses of excessive force by corrections officers undermine our system of justice and the rule of law,” said Acting Assistant Attorney General Samuels. “Today's sentence reflects that the Department of Justice will aggressively protect the constitutional rights of every American."
"The vast majority of law enforcement officials do a great job,” said U.S. Attorney Dettelbach. “When someone abuses the power and privileges of their office, however, they can and will be held accountable.”
“Marlon Taylor is not representative of the vast majority of the honorable men and women serving within the criminal justice system,” said Special Agent in Charge Anthony. “Any allegation of abuse or excessive force involving law enforcement officers takes on a particular sense of urgency and will continue to be a priority for the FBI.”
This investigation has been conducted by the FBI’s Cleveland Office. Assistant U.S. Attorneys Antoinette T. Bacon and Lauren Bell and Trial Attorney Betsy Biffl prosecuted the case.
Concord Twp. Man Charged for Defrauding Credit Union Out of $2.5 MillionRead the Press Release
A Concord Township man was charged in federal court for defrauding Cleveland-based Taupa Lithuanian Credit Union out of $2.5 million, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office.
John Struna, 51, was charged in a criminal information with one count of conspiracy to commit theft or embezzlement from a credit union.
“This defendant is part of a group that took advantage of the trust of hundreds of people for their own personal gain,” Dettelbach said. “These criminal charges should serve as a reminder that there is no such thing as free money.”
“John Struna willfully overdrew his credit union accounts to the tune of $2.5 million through his relationship with a corrupt executive at the credit union,” Anthony said. “The FBI will continue efforts to make sure all the individuals responsible for the collapse of the Taupa Lithuanian Credit Union are held accountable.”
The National Credit Union Administration and the Ohio Department of Commerce took possession of Taupa last July and placed it into receivership due to its insolvency. Taupa had about 1,150 members and assets of approximately $24 million, according to court records.
Credit union CEO Alex Spirikaitis and former teller Michael Ruksenas have previously been charged for their roles in conspiracies related to defrauding the credit union.
Struna maintained both personal and corporate accounts at Taupa dating back to 1995. He began a conspiracy with Spirikaitis (not charged herein) in 2007, during which time Struna overdrew his accounts by approximately $2.5 million, according to the information.
Struna called Spirikaitis about twice a month and requested Spirikaitis’ approval to withdraw additional funds. Spirikaitis made multiple transfers from Taupa’s internal accounts to cover the overdrafts, according to the information.
Spirikaitis caused Taupa to make approximately 38 false and fraudulent wire transfers into Struna’s personal accounts between 2007 and 2013. During that time, Struna repaid only approximately $15,000, according to the information.
In 2011, Struna requested and received $112,105 from Spirikaitis for the purchase of a condominium located in Ft. Myers, Florida. In 2012, he requested and received approximately $100,000 for an investment opportunity. At no time did Struna submit any credit applications or loan documents, according to the information.
As a result of the conspiracy, Taupa and the NCUA suffered a loss of approximately $2.5 million, according to the information.
This case is being prosecuted by Special Assistant United States Attorney Derek Kleinmann and Assistant United States Attorney Robert J. Patton. The case was investigated by the Federal Bureau of Investigation.
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 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.
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.
U.S. Attorney's Office Collected Nearly $24 Million in FY 2013Read the Press Release
U.S. Attorney Steven M. Dettelbach announced that the Northern District of Ohio collected $23.9 million in Fiscal Year 2013 from criminal and civil actions handled exclusively or primarily by the United States Attorney’s Office for the Northern District of Ohio, about 150 percent of the office’s annual budget.
Of this amount, about $14.4 million was collected in civil actions and about $5 million in criminal actions. Additionally, the office took in about $4.5 million in civil and criminal forfeitures.
The office’s total overall budget for this fiscal year was about $16.6 million.
“Once again our office brought in tens of millions of dollars and far surpassed our annual budget,” Dettelbach said. “In addition to thwarting terrorism, protecting the environment, enforcing civil rights laws and getting guns off the streets, this office is a profit center for taxpayers. That is one reason why continuing cuts to our budget and staffing level make no sense.”
Attorney General Eric Holder said: “The department’s enforcement actions help to not only ensure justice is served, but also deliver a valuable return to the American people. It is critical that Congress provide the resources necessary to match the department’s mounting caseload. As these figures show, supporting our federal prosecutors is a sound investment.”
The money is used to compensate crime victims, is distributed to state and local law enforcement partners who participate in investigations and is returned to the general treasury.
Among the largest collections this year:
United States ex rel Loughner v. EMH, et al.
EMH Regional Medical Center paid the United States $3,863,857 and North Ohio Heart Center Inc. paid the United States $541,870 to settle allegations that they submitted false claims to Medicare. The settlement resolved allegations that EMH and NOHC performed unnecessary cardiac procedures on Medicare patients. Specifically, the United States alleged the two entities performed angioplasty and stent placement procedures on patients who had heart disease but whose blood vessels were not sufficiently occluded to require the particular procedures at issue.United States v. Nilesh Patel and Thomas Greco
Patel and Greco paid a total of $343,158.21 in restitution owed to the Cuyahoga County MetroHealth System arising from their bribery convictions in 2010 and 2011, respectively.United States v. Kennedy Mint
Kennedy Mint paid $300,000 arising from the company’s illegal dumping of cyanide into the Rocky River which resulted in the death of more than 30,000 fish. The Court ordered restitution to the Cuyahoga County Metroparks to restock the river with fish under the terms of the plea agreement.United States v. Dover Chemical Corp.
This case involved Dover Chemical Corporation under the Toxic Substances Control Act at Dover Chemical’s facilities in Hammond, Indiania, and Dover, Ohio. The case was settled for a recovery of $1,400,780, of which $700,780 was paid in FY 2013.Holder announced on Thursday that the Justice Department collected approximately $8.1 billion in civil and criminal actions across the country in the fiscal year ending Sept. 30, 2013.
The more than $8 billion in collections in FY 2013 represents nearly three times the appropriated $2.76 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.
The U.S. Attorneys’ Offices, along with the Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
A complete breakdown of collections in the Northern District of Ohio over past decade is as follows:
2012: $79.7 million
2011: $48.6 million
2010: $42 million
2009: $17.7 million
2008: $36.7 million
2007: $63.5 million
2006: $80 million
2005: $51.4 million
2004: $22.3 million
Seven Toledo Men Indicted for Cocaine ConspiracyRead the Press Release
An 11-count indictment was unsealed charging seven Toledo men for their roles in a conspiracy to possess both powder and crack cocaine with the intent to distribute the drugs, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office.
Charged are: Gale Shelmon, aka G-Force, age 47; Percy Underwood, aka Butch, age 47; Bryant Anderson, aka B, age 34; Larry Jones aka LA, age 45; Justin Toler, aka J-Nut, age 37; Creston White, age 61; and Darryl Brown, aka D, age 28, all of Toledo.
The indictment charges each defendant with conspiring to possess cocaine and crack cocaine with intent to distribute. The indictment also charges four defendants with possession with intent to distribute crack cocaine.
Beginning in or about June 2010 and continuing through the date of the indictment, the defendants were involved in a conspiracy to distribute cocaine and crack cocaine in the Toledo area, according to the indictment.
Specifically, the indictment alleges that a co-conspirator obtained substantial quantities of cocaine from sources of supply in Texas. The cocaine was then transported from Texas to Toledo, Ohio by semi-truck where it was unloaded, stored and distributed by the defendants named in the indictment.
The case was accepted and investigated as an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The OCDETF program is designed to insure that the most sophisticated investigative and prosecutive resources are directed against large-scale organized drug trafficking ventures.
The indictment culminates a two-year investigation by the Federal Bureau of Investigation and Toledo Metro Drug Task Force. This Organized Crime Drug Enforcement Task Force case is being prosecuted by Assistant United States Attorney Thomas P. Weldon and Special Assistant United States Attorney Matthew C. Spaulding.
If convicted, the defendants’ sentences will be determined by the Court after a review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ roles in the offenses and the characteristics of the violations. In all cases, the sentences 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. The burden of proof is always on the government to prove a defendant guilty beyond a reasonable doubt.
Mansfield Man Sentenced to Nearly Four Years in Prison for $1 Million FraudRead the Press Release
A Mansfield man was sentenced to nearly four years in prison for fraud and insurance embezzlement, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
Willard C. Lee, 52, previously pleaded guilty to 12 counts of wire fraud and one count of insurance embezzlement.
Lee, who was employed by the Allstate Insurance Company between 1996 and 2011, admitted that he embezzled approximately approximately $1 million from Allstate customer annuity accounts between July 2007 and December 2011.
Lee forged customer signatures on withdrawal requests to Allstate and Lincoln Benefit Life, a company wholly owned by Allstate which sells annuities. Once fraudulent paperwork was submitted, Lee had the proceeds wire-transferred into bank accounts he controlled in Mansfield, according to court documents.
U.S. Districy Judge Sara Lioi sentenced Lee to 46 months in prison and ordered him to pay restitution in the amount of $1,052,559.80 to Allstate, along with a special assessment amount of $1,300.00.
This case was prosecuted by Assistant U.S. Attorney James V. Moroney, following an investigation by the Mansfield and Canton offices of the Federal Bureau of Investigation, and the Investigative Services Unit of Allstate Insurance Company.
Mansfield Man Sentenced to More Than 11 Years in Prison for Mortgage FraudRead the Press Release
A Mansfield man sentenced to more than 11 years in prison and ordered to pay $767,462 in restitution for his role a mortgage fraud scheme which caused approximately $1.3 million in losses to five lending institutions, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
David R. Sharrock, age 71, pleaded was sentenced to 135 months in prison by U.S. District Judge Donald Nugent.
Sharrock was previously found guilty of 26 counts, including conspiracy, bank fraud, wire fraud, bankruptcy fraud and making false statements for his actions, which caused losses to Geauga Savings Bank, J.P. Morgan Chase Bank, Washington Mutual Bank, Interbaby Funding, LLC, and Suntrust Mortgage, Inc.
His daughter, Rhonda J. McElroy, 51, of Bellville, Ohio,was sentenced to six months incarceration followed by six months of home confinement and ordered to pay $65,415 in restitution.
Ronald L Kightlinger, 51, of Crestline, Ohio, and Richard W. Balliett, 45, of Bucyrus, Ohio, were previously sentenced after pleading guilty to crimes related to their roles in the conspiracy.
Balliet was sentenced two years and one month in prison and ordered to pay $169,627 in restitution while Kightlinger was sentenced to six months confinement and ordered to pay $278,000 in restitution.
Sharrock, Balliett, and McElroy sold homes in the cities of Mansfield, Marion, Galion, Plymouth, Shelby, and Bucyrus, Ohio. The sellers made fraudulent misrepresentations to the mortgage lenders by providing undisclosed down payment assistance to the buyers and by submitting fictitious purchase agreements and verifications of deposits. As a result, the sellers signed false settlement statements at closing, according to court documents.
Kightlinger acted as a straw buyer in purchasing a commercial building from David R. Sharrock in Mansfield, according to court documents.
This case is being prosecuted by Assistant United States Attorneys Vasile C. Katsaros and M. Kendra Klump, following an investigation by the Federal Bureau of Investigation.
Former Ottawa County Sheriff Charged with Using Law Enforcement Money for Personal ItemsRead the Press Release
The former Ottawa County sheriff was charged with improperly spending about $5,000 that was to be used for law enforcement purposes to instead pay for for personal items including Cedar Point tickets, clothing and prescription medicine, 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.
Robert Bratton, 60, of Genoa, Ohio, was charged in a criminal information with one count of theft concerning programs receiving federal funds.
“Money that was supposed to help the men and women in law enforcement was instead diverted and spent on personal items, including tickets to an amusement park,” Dettelbach said. “That is hardly amusing to the rest of us. Those who are trusted to enforce the law, above all, cannot place themselves above it.”
Anthony said: “A sheriff who chooses to ignore his sworn oath to uphold the law and engage in criminal behavior is totally unacceptable. The FBI will investigate those who violate the public’s trust, no matter what position that individual holds.”
Bratton served as Ottawa County sheriff from 2004 until his resignation in September 2011. In 2010, the sheriff’s office received approximately $27,290 from the Furtherance of Justice Fund (FOJ Fund), which provided law enforcement entities to pay for expenses relating to official law enforcement duties and in the furtherance of justice, according to the information.
The Ohio Auditor provided guidance to county sheriffs in 2007 under the heading “Permissable Expenditures of F.O.J. Funds.” It read, in part, that an “expenditure must be both in the performance of the officer’s official duties and in furtherance of justice to be allowable.” The bulletin also stated, “There is always the additional requirement that the expenditure must be for a proper public purpose,” according to the information.
Bratton, as the county sheriff, was a fiduciary over F.O.J. Fund money provided to his office.
In 2010, Bratton used approximately $2,865 in F.O.J. Fund cash and also used a credit card linked to the F.O.J. Fund to purchase various personal items, including Cedar Point tickets, prescription medicine and clothing, all of which were non-permitted expenses under F.O.J. Fund rules and regulations, according to the information.
As of Dec. 31, 2010, Bratton reimbursed the F.O.J. Fund for some of the money he used for personal items, but failed to replace all the F.O.J. Fund money by that date, 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. Attorneys Gene Crawford and Antoinette T. Bacon and following investigation by the Federal Bureau of Investigation.
Akron Woman Sentenced for Filing False Tax ReturnsRead the Press Release
Kelly Prigmore was sentenced to prison for one day, followed by two years of supervised release, with the first ten months subject to location-monitored home confinement, for her August 2013 conviction for filing false income tax returns, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The sentence was imposed by United States District Judge Benita Y. Pearson, in Youngstown, Ohio. Prigmore was taken into immediate custody shortly before noon, to be released at the end of the following afternoon.
Prigmore, age 43, is a resident of Akron, Ohio, according to court records.
Judge Pearson, who presided over the trial without a jury, also ordered Prigmore to provide 192 hours of community service on a schedule of eight hours per week spread out over six of the ten months of home confinement. The Court also directed Prigmore to undergo mental health treatment and prohibited her from engaging in any gambling activities or from entering any gambling establishments during her supervision. The Court also gave the supervising probation officer discretion to require Prigmore to enter a gambling treatment program. The Court further ordered Prigmore to cooperate with the IRS in the payment of her unpaid taxes.
Prigmore was convicted after a two-day trial last August of filing false income tax returns for 2006 and 2007, on which she failed to report over $200,000 of income she earned as a self-employed provider of home health care. Evidence at trial revealed that Prigmore went to H&R Block to prepare and electronically file her joint income returns for those years. She caused the returns to list her occupation as a homemaker and to report that she and her husband were a low income family entitled to an Earned Income Credit and resulting tax refund each year.
For 2006, she reported total income of $8,600 and omitted additional income of approximately $96,686. For 2007, she reported total income of $8,990 and omitted additional income of approximately $112,795, according to evidence at trial.
The case was prosecuted by Assistant U.S. Attorney John M. Siegel and former Special Assistant U.S. Attorney Perry D. Mastrocola, following an investigation by the Internal Revenue Service, Criminal Investigation, Akron, Ohio.
Lakewood Man Charged with Embezzling $1.8 Million from Credit UnionRead the Press Release
A Lakewood man was charged with embezzling more than $1.8 million from a Euclid credit union and using the money to pay approximately 15 personal credit card accounts, 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.
A two-count criminal information was filed charging William J. Memmer, 63, with one count of embezzlement and one count of making false entries in credit union records and reports.
“When those who hold trusted positions in financial institutions and those they work with betray the trust of the depositors, as is alleged in this matter, federal law enforcement will take all appropriate action to hold them accountable,” Dettelbach said.
“Memmer took advantage of his high-level position of trust by falsifying records and funneling money that was not his to himself,” Anthony said. “The FBI will continue efforts to see that fraudsters like Memmer are brought to justice.”
Memmer was employed as Assistant Manager/Treasurer of the GIC Federal Credit Union (GIC), which maintained an office at 26255 Euclid Avenue, in Euclid, Ohio.
From as early as 2006, Memmer maintained approximately 15 credit card accounts. He took blank GIC checks and drafted them payable to the credit card companies in payment of his personal obligation, then concealed the taking of the checks and embezzlement of the GIC funds. These actions caused a loss to the credit union of at least $1,843,007, according to the information.
As early as 2003, Memmer falsified quarterly financial reports to hide operating losses. He is also alleged to have falsified confirmations of GIC assets by as much as $5.7 million, according to the information.
Upon discovery of the fraud, the National Credit Union Administration closed GIC, and began the liquidation process in December 2012. The liquidation is ongoing.
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 Federal Bureau of Investigation’s Cleveland Office.
VA Supervisor Indicted for Theft of Government PropertyRead the Press Release
A grand jury returned a three-count indictment charging Okey Wise, 64, of Bath, with theft of government property, depredation of government property, and false statements made to federal investigators, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.
The indictment alleges that Wise, a supervisor at the U.S. Department of Veterans Affairs (VA), in or around April 2013 used his position of authority to steal raw materials from the local VA Medical Center, including wiring and other materials necessary for the Medical Center’s backup generator to function. The theft and destruction of the wiring system resulted in a power failure at the Medical Center that left the hospital without access to its electronic records and other essential services.
The indictment also alleges that Wise made false statements to federal officials investigating the incident.
“These government funds and property should have been used to care for our nation’s heroes rather than to personally enrich a VA supervisor” said Gavin McClaren, United States Department of Veterans Affairs – Office of Inspector General, Resident Agent in Charge, Cleveland.
Assistant United States Attorneys Antoinette T. Bacon and Matthew J. Cronin are prosecuting the case following an investigation by the VA Office of Inspector General and the VA Police.
If convicted, the Court will determine the defendant’s sentence after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum. 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.
U.S. Attorney's Office Joins with Others in Releasing Heroin Community Action PlanRead the Press Release
The Heroin Epidemic -- Our Community’s Action Plan
Summary
On Nov. 21, 2013, many of Northern Ohio’s leading institutions gathered for a daylong summit in an effort to find solutions to the region’s heroin epidemic. A Community Action Plan was formulated over the course of several planning meetings and finalized during the summit. The purpose of this document is to serve as a guiding master plan as we move forward as a community. The Action Plan is divided into four specific areas: Prevention and Education, Healthcare Policy, Law Enforcement and Treatment. Inevitably, there is some overlap among each of these areas.
A few disclaimers: this document is a working draft and not written in stone. Some of these items are immediately actionable while others will take more time, research and effort. Some of these items have unanimous support among the planners, others do not. Although certain action items cannot be implemented without new legislation, some of the partnering agencies are forbidden from taking a position on pending or potential legislation. The hope is that this Action Plan will serve as a road map and tie together our various efforts toward the same goals – preventing people from using heroin, helping treat those who have become addicted, choking off both the supply of and demand for heroin in Northern Ohio, and working collaboratively to make our region healthier, safer and stronger.
This action plan was developed based upon input from the representatives of the following agencies and organizations: the United States Attorney’s Office, the Cleveland Clinic, the Cuyahoga County Executive, MetroHealth Medical Center, University Hospitals, Cuyahoga County Common Pleas Court, the Ohio Attorney General, the Cleveland Division of Police, the Drug Enforcement Administration, the Federal Bureau of Investigation, the Ohio State Medical Board, the Ohio State Pharmacy Board, the Cuyahoga County Board of Health, the Cuyahoga County Medical Examiner, the Cuyahoga County Sheriff’s Department, the ADAMHS Board., the Westshore Enforcement Bureau and others.
PREVENTION AND EDUCATION
I. EDUCATING CITIZENS ON THE DANGERS OF HEROIN USE
- Prevalence of the heroin problem.
- Establish a community education plan that highlights the dangers and warning signs of heroin use and overdose death; treatment options; and support groups, resources and prevention opportunities.
- Produce materials to distribute to local school boards, PTA/O meetings, places of worship, community centers and local colleges.
- Initiate a dialogue with the Greater Cleveland Partnership and Downtown Cleveland Alliance to raise awareness of the prevalence of prescription drug and heroin abuse.
- Engage instructors who train health, social service and education professionals.
- Utilize social media to provide information about the epidemic, stressing the connection between prescription pills and heroin.
- Incorporate education specifically on heroin and prescription pill abuse into high school/ middle school health class curriculum.
- Target local school boards, principals, PTA/Os, nurses, psychologists, counselors, social workers, resource officers and DARE officers.
- Review programs to ensure education curriculum is based on the National Health Education Standards and CDC’s Characteristics of Effective Health Education.
- Town Hall meetings/community forums in different municipalities.
- Continue the work started by Judge Astrab to convene community meetings.
- Educating the public about the dangers of prescription drugs.
- Collaborate with pharmacies to inform customers of proper prescription drug disposal.
- Meet with officials from Wal-Mart, Target and other retail chains that offer pharmacy services.
- Distribute Prescriber’s Toolkit.
- Work with other groups that frequently confront prescription drugs, including embalmers, hospice providers and other local businesses.
- Establish prescription drop boxes in all of Cuyahoga County’s municipalities.
- Expand drug drop-box outreach beyond Cuyahoga County.
II. PRIORITZE HEROIN OVERDOSE AS A PUBLIC HEALTH THREAT
- Conduct pilot prevention programs in high-risk areas.
- Identify high-risk areas and develop intensive plan targeting those areas.
- Establish community task force to take the lead on implementation.
HEALTHCARE POLICY
I. LEGISLATION
- Immediately actionable:
- Advocate for passage of HB 170 (Naloxone distribution to first responders) by early 2014.
- Advocate for passage of HB 92 (syringe exchange legislation) by early 2014.
- Advocate for drafting and passage of Good Samaritan Law (no harm/liability for reporting overdoses) by early 2014.
- Requires additional discussion and action:
- Advocate for the drafting and passage of a bill requiring OARRS utilization be mandatory for prescribing controlled substances such as opiates/opioids; and prescriber(s) and pharmacist(s) are electronically notified whenever any of the following occurs:
- Controlled substance filled twice in five days.
- Benzodiazepines + opioids prescribed to the same patient.
- Benzodiazepines + amphetamines prescribed to the same patient.
- Opioid doses > 100 Morphine Equivalent Dose (MED).
II. EDUCATION
- Requires additional discussion and action:
- Promote mandatory medical student education to include additional training requirements on pain management and opiate use.
- Establish some mandatory requirement for adding continuing medical education on opiate use over a three-year period and/or prior to renewal of DEA registration; and/or online provider education course.
III. FUNDING
- Requires additional discussion and action:
- Provide for the statewide expansion of OARRS, which will require funding legislation, some of which is already underway.
- Provide for the cost of and training for Naloxone distribution for first responders.
IV. POLICY
- Immediately actionable:
- Enforce compliance of present standards for Admin Rule 4731.21 and advocate that they be updated and revised to include:
- 100 MED limit; special form explaining need to exceed 100 MED; sent to pharmacy and renewed every six months.
- Mandatory OARRS review every three months.
- Compliance checklist, renewed every six months, for opiate preauthorization filled out and sent to pharmacy.
- Adopt uniform chronic benign pain management guidelines, especially for Emergency Departments, thus strengthening the Ohio Opioids and Other Controlled Substances guidelines to include:
- Acute pain prescriptions only in 10-day increments.
- Photo ID requirement.
- Underage parental consent for opiate/opioid treatment of pain.
- Special license or permit for pain management clinics.
- Requires additional discussion and action:
- Commitment to increased local treatment capacity.
- Additional drug courts and more coordination with treatment.
- Enforcement of parity rules for treatment providing for:
- Partial hospitalization.
- Detoxification.
- Intensive outpatient.
IV. DATA AND INFORMATION
- Immediately actionable:
- Coordinate data sharing, especially between the Attorney General, State Medical Board and State Pharmacy Board, to allow freer exchange of de-identified data in an effort to show trends and better direct community and law enforcement responses.
- Improve and refine data gathering and coding to better track opiate/opioid dependence and overdoses (as opposed to general overdoses); centralized statewide data collection to track heroin deaths, treatment and Emergency Department visits.
- Promote uniformity of practice through State Coroners Association and State of Ohio to identify heroin deaths specifically where possible, as well as deaths caused by other opiate/opioids.
- Promote greater and sustained coordinated efforts between government, medical, treatment, and law enforcement communities to utilize data to combat the heroin crisis.
LAW ENFORCEMENT
I. HEROIN TRAFFICKING/INTERDICTION/DIVERSION
- Federal/State law enforcement will continue to use all assets to prosecute heroin dealing organizations in the Northern Ohio area.
- For heroin users, law enforcement will continue to work with the courts to seek diversion and treatment as an alternative to incarceration. The courts will be encouraged to extend any monitoring period or supervision of heroin users to keep them accountable. Law enforcement also will explore options to provide information to heroin users for immediate treatment options and resources. Drug abuse charges will be used to focus attention on an individual’s addiction and recognize a developing problem for both the addict and his/her family.
- For heroin traffickers, sentences should be significant for both deterrence and punishment. Certain drug traffickers may qualify for significant, enhanced sentences in federal court.
- Case targets and intelligence will continue to be discussed among involved law enforcement agencies to avoid conflicts and duplication of efforts.
- Law enforcement will continue to encourage community involvement in addressing the heroin epidemic. Involvement begins with educating the community regarding the heroin problem and identifying how individuals and organizations can assist law enforcement.
- Educate law enforcement partners regarding federal forfeiture in drug trafficking cases for equitable sharing purposes and return of money to localities to assist law enforcement in addressing this problem.
II. HEROIN DEATH INVESTIGATION
- The Heroin Involved Death Investigation initiative is being deployed in Cuyahoga County in response to the high number of deaths. Other localities are encouraged to develop similar initiatives.
- The Cuyahoga County Sheriff, Prosecutor and Medical Examiner, the Cleveland Division of Police and the United States Attorney’s Office will continue to work together on heroin overdose death investigations.
- The goal will remain to prosecute, where appropriate, responsible heroin traffickers for manslaughter in state court or to seek mandatory minimum sentences based on a death enhancement at the federal level.
- Components and protocol for the Heroin Involved Death Investigation are as follows:
- A suspected heroin death is encountered by the Medical Examiner investigator related to the City of Cleveland.
- The Medical Examiner investigator puts out a notification to the Cleveland Police investigators deployed to this initiative.
- The Cleveland Police or Cuyahoga County Sheriff’s Office investigators respond immediately and begin an investigation into the source of the heroin. This involves interviews at the death scene which could be a residence, hospital, etc. Investigators will focus on information gathering first as opposed to immediate arrests of witnesses and participants.
- Cleveland Police or Sheriff’s Office investigators will recover crucial evidence for immediate review by CPD technicians.
- Cleveland or Sheriff’s Office investigators will work back to the dealer with various techniques including confidential informant and direct drug buys that will support technical evidence and interview statements.
- Cleveland Police or Sheriff’s Office investigators will work in both County and federal court on prosecutions related to Manslaughter and other charges.
- The Cuyahoga County Sheriff’s Office will continue running a parallel initiative handling the suburban heroin overdose deaths. The Cleveland Police and Sheriff’s Office teams will work together on their cases sharing information, personnel and other assets. Cuyahoga County Supervising Prosecutor Deborah Naiman will guide the investigations.
- Medical Examiner Administrator Hugh Shannon has initiated the Heroin Alert notification component.
TREATMENT
I. TRAINING IN SCREENING AND BRIEF INTERVENTION
- Train clinicians in SBIRT (Screening, Brief Intervention and Referral to Treatment) so they can recognize the disease of addiction/substance use disorder.
- Train clinicians in Motivational Interviewing so they can respond effectively to clients who are not-yet-ready to change behavior.
II. INCREASE THE VISIBILITY OF HB 93 AND THE 80 MD MED GUIDELINES
- Work with State Medical Board, Governor’s office, and other stakeholders to disseminate and enforce these laws and to encourage wider adoption of the guidelines.
III. INCREASE THE USE OF OARRS (OHIO AUTOMATED Rx REPORTING SYSTEM)
- Increase the use of OARRS by all physicians and pharmacies.
- Integrate OARRS into the Electronic Health Record of all local healthcare systems.
IV. INCREASE ACCESS TO MEDICATION-ASSISTED TREATMENT (MAT)
- Create a model for MAT that assists the community toward a combination of MAT, treatment, and 12-step programs.
- Increase public and private funding for treatment slots in the following settings:
- Detoxification.
- Suboxone clinics.
- Methadone clinics.
- Intensive outpatient treatment.
- Residential treatment.
- Sober housing.
V. CREATE A STRATEGY FOR WORKFORCE DEVELOPMENT- Increase the number of addiction psychiatrists and addiction medicine doctors working in treatment agencies.
- Educate the treatment community about MAT to increase support for its use.
VI. ADVOCATE FOR PARITY IN INSURANCE COVERAGE
- Work with public and private insurance companies to gain true parity for addiction treatment.
- Work with Medicaid to turn on the SBIRT codes in Ohio.
VII. BALANCE OF COMPETING PRIORITIES: CHRONIC PAIN
- Bring together pain doctors and addiction doctors to implement best practices in the area of pain management and addiction.
- Integrate OARRS into the Electronic Health Record of all local healthcare systems.
VIII. BALANCE OF COMPETING PRIORITIES: PATIENT SATISFACTION SCORES
- Work with hospital quality committees to make modifications in the use of patient satisfaction scores when it comes to patients with addiction.