FEDERAL DISTRICT ARCHIVE
Eastern District of Pennsylvania
Press releases recorded for this federal judicial district.
Upper Darby Man Sentenced to 12 Months in Prison for Mail Theft SchemeRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Anthony Mazzccua, 25, of Upper Darby, PA, was sentenced today to 12 months’ imprisonment, three years of supervised release, and $26,654.94 in restitution by United States District Court Judge Nitza I. Quiñones Alejandro, for his participation in a scheme to attempt to steal mail from a U.S. Postal Service (“USPS”) collection box and his possession of stolen mail. His codefendant, Hervens Toussaint, 26, also of Upper Darby, PA, was sentenced in May to three years of probation, a $1,000 fine, and restitution of $15,706.67.
Both men admitted their roles in the scheme, pleading guilty earlier this year to attempted mail theft, and aiding and abetting attempted mail theft, and possession of stolen mail. The charges arose from the codefendants’ use of a USPS Arrow Key to steal mail from collection boxes in Delaware County, PA. The codefendants would then locate checks, wash and alter the payee names and amounts on the checks, and deposit the altered checks into bank accounts belonging to third-party individuals. In at least some instances, the codefendants withdrew or attempted to withdraw the fraudulently deposited funds from those third-party bank accounts.
On October 27, 2021, law enforcement found the codefendants, along with an unindicted juvenile, attempting to steal mail from a blue collection box in Aston, PA. At the time he was apprehended, Mazzccua had six stolen checks and a USPS route key tag on his person. Moreover, law enforcement found approximately 13 pieces of stolen mail and eight stolen checks in the car being used by the codefendants to steal mail. The actual fraud loss for which Mazzccua was responsible for, as a result of his depositing of washed and altered checks stolen from Delaware County, was approximately $26,654.94.
“The U.S. postal system is a cornerstone of American society, delivering essential items such as income, bills, and expenses,” said U.S. Attorney Romero. “Through their actions, the defendants assaulted the integrity and reliability of that system, negatively impacting the lives of numerous victims who had their checks stolen from the mail. Today’s sentence reflects the grave consequences that await those who compromise the security of our mail system. We ask everyone to help support this critical service and protect our postal system by reporting any suspicious activity.”
“Today Anthony Mazzccua was held accountable for stealing checks out of the U.S. Mail and fraudulently passing those checks through the financial system,” said Christopher Nielsen, Inspector in Charge of the Philadelphia Division for the Postal Inspection Service. "Protecting the mail from theft is a core mission of the Inspection Service. When someone steals mail, Postal Inspectors will work relentlessly to hold those individuals to account. I want to thank the investigators from the Upper Chichester Township Police Department who assisted in identifying and apprehending these suspects. I also want to acknowledge the efforts of the United States Attorney’s Office for their continued support in prosecuting these cases."
The case was investigated by the U.S. Postal Inspection Service, the Social Security Administration, and the Upper Chichester Township Police Department, and is being prosecuted by Assistant United States Attorney Eileen Castilla Geiger.
Colorado Man Sentenced to Nearly Three Years in Prison for Stealing $2.1 Million of CryptocurrencyRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Adam Davis, 47, originally from Coatesville, PA, and now residing in Colorado, was sentenced today by United States District Court Judge Wendy Beetlestone to 33 months’ imprisonment, three years of supervised release, and more than $2.1 million in restitution for his theft of cryptocurrency from a Bucks County victim.
On January 25, 2024, the defendant pleaded guilty to one count of wire fraud.
From January 2014 to May 2021, a Bucks County victim invested approximately $395,000 in cryptocurrency. She hired the defendant to assist her with these investments and gave him direct access to her digital wallets. As the value of Bitcoin and other cryptocurrencies increased, Davis began stealing the victim’s cryptocurrency. He transferred the stolen funds through numerous cryptocurrency addresses under his control, using peel chains and other tactics in an attempt to hide his theft. While the stolen funds were valued at approximately $2.1 million at the time of his theft, they reached a high of over $8 million in 2021, when the victim discovered the theft. By that point, the defendant had already cashed out most of the stolen cryptocurrency and spent those funds on his own living expenses and a business endeavor.
“Whether we’re talking cryptocurrency or cold hard cash, stealing money that doesn’t belong to you is a crime,” said U.S. Attorney Romero. “Adam Davis took advantage of someone who’d turned to him for guidance, stringing the victim along as he drained assets from her accounts. My office and the Secret Service won’t hesitate to hold cybercriminals accountable for the laws they’ve broken and the harm they’ve caused their victims.”
“Mr. Davis earned the victim’s trust in order to steal millions,” said Michael Centrella, Special Agent in Charge of the U.S. Secret Service’s Philadelphia Field Office. “The U.S. Secret Service will continue to investigate crimes involving the theft of cryptocurrency and work to hold individuals, like Mr. Davis, responsible for their actions.”
The case was investigated by the United States Secret Service and prosecuted by Assistant United States Attorney Sarah M. Wolfe. United States Secret Service analysts played a significant role in this case.
Repeat Bank Robber Sentenced to 15 Years in PrisonRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Maurice Ray, 34, of Philadelphia, PA, was sentenced today by United States District Court Judge Juan R. Sánchez to 180 months’ imprisonment, three years of supervised release, a $200 special assessment, and restitution of $2,147 for committing two bank robberies in three days.
Ray used demand notes to commit bank robberies on December 14, 2021, at a Citizens Bank branch in Philadelphia, and December 16, 2021, at a Bank of America branch in Bensalem, PA. The Federal Bureau of Investigation, Philadelphia Police Department and Bensalem Police Department located and arrested Ray the next day in Philadelphia.
In January 2022, the defendant was indicted on two counts of bank robbery and on August 15, 2023, a federal jury convicted him of both.
“Maurice Ray is a career offender with a history of robbing banks and businesses,” said U.S. Attorney Romero. “Two stints in prison have not deterred him. This 15-year sentence will at least keep him off the street and prevent him from claiming any additional victims. My office and our partners are committed to investigating and prosecuting violent crimes and bringing the perpetrators to justice.”
The case was investigated by the Philadelphia Police Department, the Bensalem Police Department, and the FBI and prosecuted by Assistant United States Attorney Robert E. Eckert.
Former Local 98 President Brian Burrows Sentenced to Four Years in Prison for Embezzlement of Union Funds, Filing False Government Reports, and Tax FraudRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Brian Burrows, 64, of Mount Laurel, NJ, was sentenced today by United States District Court Judge Jeffrey L. Schmehl to 48 months’ imprisonment, three years of supervised release, forfeiture of $135,689.11, an $1,800 special assessment, and restitution to be determined later, for crimes arising from his embezzlement of funds belonging to Local 98 of the International Brotherhood of Electrical Workers (“Local 98”).
Burrows had served as the President of Local 98 since 2008. The only person who held a higher office in the union was his codefendant, Business Manager John Dougherty. In January 2019, a federal grand jury indicted Dougherty, Burrows, and other union officers and employees with conspiracy and embezzlement arising from their theft and improper use of approximately $600,000 in Local 98 funds from April of 2010 through August of 2016. The indictment also charged Dougherty and Burrows with concealing the embezzlement of Local 98’s funds by causing false labor management reports, known as LM-2s, to be filed with the U.S. Department of Labor, and with filing false federal income tax returns by failing to report the funds they stole on their tax returns.
In December 2023, a federal jury convicted Dougherty and Burrows of conspiracy to embezzle the funds of Local 98. Burrows was also convicted of 13 counts of embezzlement of funds from Local 98, two counts of causing false statements to be made on the form LM-2 that Local 98 was required to file annually with the Department of Labor for 2015 and 2016, two counts of causing false information to be reflected in the books and records of Local 98 for those years, and three counts of filing false federal income tax returns. The charges of which Burrows was convicted included the illegal use of approximately $391,000 in union funds to improve and repair his home, the homes of codefendants Dougherty and Michael Neill, commercial properties owned by him and his codefendants, and the homes of Dougherty’s relatives.
Dougherty was convicted of 33 counts of embezzlement of funds from Local 98, 24 counts of wire fraud by participating in a scheme to defraud Local 98 of its money, two counts of causing false statements to be made on the form LM-2 that Local 98 was required to file annually with the Department of Labor for 2015 and 2016, two counts of causing false information to be reflected in the books and records of Local 98 for those years, and three counts of filing false federal income tax returns.
The other officers and employees of Local 98 charged in the indictment pleaded guilty in 2022 to charges related to their embezzlement of Local 98’s funds and were sentenced earlier this year. They are Michael Neill, former Director of Local 98’s Apprentice Training Fund; Marita Crawford, former Political Director of Local 98; Niko Rodriguez, an employee of the Apprentice Training Fund and Local 98; and Brian Fiocca, an employee of Local 98.
Dougherty is scheduled to be sentenced on July 11.
“The members of a union should be able to trust their leadership,” said U.S. Attorney Romero. “They have every right to expect that their officers will act in their best interests and that their dues will be used for their benefit. That wasn’t the case at Local 98, where Brian Burrows violated his duty to his members for his own benefit and allowed his codefendants to do the same. Burrows stole from the hardworking electricians whose dues paid his salary, took deliberate steps to conceal it, and is now being held appropriately accountable.”
“In serving himself over the members of Local 98, Brian Burrows abused his position as the president of the Union and breached the trust of those whom he was elected to serve. Today's sentence makes it clear that this kind of self-dealing at the expense of others will not be tolerated,” said Wayne A. Jacobs, Special Agent in Charge of the FBI’s Philadelphia Division. “The FBI and our law enforcement partners remain unwavering in our commitment to upholding the integrity of labor unions for the members who rely on them, and bringing to justice those who exploit them.”
“Anyone contemplating cheating on their taxes should know that IRS Criminal Investigation Special Agents work tirelessly, year-round, to investigate tax and financial crimes,” said IRS Criminal Investigation Acting Special Agent in Charge Denise Leuenberger. “The outcome today is due to the dedicated efforts of IRS Criminal Investigation special agents and our law enforcement partners.”
"When a union official embezzles union funds, not only are they violating the law, they are also betraying the trust of the union membership who rightfully expect their officials to protect and safeguard their union’s funds and assets," said U.S. Department of Labor Office of Labor-Management Standards Acting District Director Nicole Spallino. "There are consequences for union officials who breach their fiduciary responsibilities to the members they represent. The Office of Labor-Management Standards remains committed to working with our law enforcement partners to protect the financial integrity of labor unions."
“The U.S. Department of Labor is committed to protecting employee benefits for America's workers,” said Cristina O’Brien, Philadelphia Regional Director of the U.S. Department of Labor Employee Benefits Security Administration. “EBSA appreciates the collaborative work with our law enforcement partners to hold Brian Burrows criminally accountable for violating the law.”
“Brian Burrows, the former President of IBEW Local 98, conspired with other former union officials to enrich himself at the expense of the union’s dues-paying members by embezzling union funds. We will continue to work with our law enforcement partners and the U.S. Department of Labor’s Office of Labor-Management Standards and Employee Benefits Security Administration to safeguard union assets,” said Syreeta Scott, Special Agent in Charge, Mid-Atlantic Region, U.S. Department of Labor, Office of Inspector General.
The case was investigated by the Federal Bureau of Investigation; Internal Revenue Service Criminal Investigation; the U.S. Department of Labor Employee Benefits Security Administration; the U.S. Department of Labor Office of Labor Management Standards; the U.S. Department of Labor Office of Inspector General; and the Pennsylvania State Police, with assistance from the Pennsylvania Attorney General’s Office. The case is being prosecuted by Assistant United States Attorneys Frank Costello, Chief of the Corruption & Civil Rights Unit; Bea Witzleben, Co-Chief of Trials; Jason Grenell, and Anthony Carissimi.
Former Assistant Controller Who Embezzled over $3 Million from Pennsylvania-Based Metal Salvage Company Sentenced to 41 Months in PrisonRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Tammy Simpson, 51, of Pocono Lake, PA, was sentenced today by United States District Court Judge Wendy Beetlestone to 41 months’ imprisonment and three years of supervised release for wire fraud and filing false tax returns, charges stemming from the defendant’s employment with Metal Traders, Inc., d/b/a Triad Metals International (“Triad”), where she worked as the Assistant Controller for fourteen years. Simpson was also ordered to pay $3,199,192.68 in restitution, $708,643 to the Internal Revenue Service, and a $1,200 special assessment.
In June of 2022, Simpson was charged by indictment with eight counts of wire fraud and four counts of making and subscribing a false tax return. In June 2023, Simpson pleaded guilty to all charges against her.
Between 2012 and when she was terminated in October 2019, Simpson used her position at Triad to steal company money and use it to pay personal expenses charged to her credit cards and to make payments on personal loans. She did so by paying her personal credit card bills and loan payments with electronic transfers from the company’s business checking account. The defendant also kept credit cards from employees who had left the company and used them to charge personal expenses, including airfare and other entertainment expenses for her family and friends, and to pay her personal tax liabilities and those of other individuals for whom she prepared tax returns. None of these payments or transfers were for legitimate business expenses of her employer. Further, Simpson failed to report the money stolen from the company as income on her tax returns for tax years 2015 through 2018.
“Tammy Simpson was a valued employee, entrusted with significant financial responsibilities,” U.S. Attorney Romero said. “For years, she abused that trust and her access to the business’s accounts, stealing more than $3 million of Triad’s money so she could continue to live beyond her own means. This sentence holds her accountable for her crimes and sends a message loud and clear that this is not the way to go about boosting your bank account.”
“From paying personal credit cards to purchasing airfare and entertainment, Tammy Simpson stole company money to fund her lifestyle,” said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. “The FBI alongside our partners at the IRS and the U.S. Attorney’s Office will continue to pursue criminals who orchestrate their schemes out of greed.”
“Anyone contemplating cheating on their taxes should know that our largest enforcement program is directed at the portion of American taxpayers who willfully and intentionally violate their known legal duty of filing and paying their taxes,” said IRS Criminal Investigation Acting Special Agent in Charge Denise Leuenberger. “We are committed to working with our law enforcement partners and the Department of Justice to continue aggressively investigating individuals who engage in money laundering, tax fraud, or other types of white-collar crimes.”
The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service Criminal Investigation and prosecuted by Assistant United States Attorney MaryTeresa Soltis.
Lehigh County Father and Son Sentenced for Unlawful Possession of Machine GunsRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Joseph Raymond Berger, 69, and his son, Joseph Paul Berger, 35, both of Bethlehem, PA, were sentenced by United States District Court Judge Joseph F. Leeson, Jr., to 36 months of supervised release and 37 months’ imprisonment, respectively, for illegal weapons possession.
Joseph Raymond Berger’s sentencing hearing was June 24, 2024; Joseph Paul Berger was sentenced on June 12, 2024.
In February of 2022, the men were charged by indictment with possession of a machine gun and possession of non-registered firearms. The charges stemmed from the defendants’ illegal possession of 13 fully automatic machine guns and 12 firearms silencers. The Bergers entered guilty pleas on February 28, 2024.
According to court documents, law enforcement agents with Customs and Border Protection intercepted three firearms silencers that were illegally imported into the United States in packages addressed to the defendants at their shared residence. Investigators then obtained a search warrant for the home and recovered from the basement the 13 fully automatic machine guns and the 12 firearms suppressors/silencers listed in the indictment. The machine guns included 11 rifles and 2 submachine guns.
Investigators also uncovered evidence that the firearms found in the Berger home were originally sold and purchased as semi-automatic firearms, which were then manually converted into unregistered, fully automatic machine guns.
“Our nation’s firearms laws exist to protect public safety,” said U.S. Attorney Romero. “Abide by those regulations and you’re good to go. But if, like the Bergers, you brazenly flout them by illegally possessing dangerous items like fully automatic machine guns and silencers, expect to be held accountable for your actions.”
“The importation of illegal firearms suppressors is a serious crime that poses a serious threat to the American public,” said Acting Special Agent in Charge of HSI Philadelphia Sara Bay. “HSI, along with its partner agencies, is committed to keeping dangerous, illegal weapons off of the streets and out of the hands of criminals.”
“This sentencing validates the tireless efforts of U.S. Customs and Border Protection officers to intercept illicit and dangerous products at our nation’s borders before they can harm America citizens, including fully automatic weapons that could be used on unsuspecting victims or on law enforcement officers,” said Adam Streetman, CBP’s Area Port Director for the Area Port of Philadelphia. “CBP remains committed to ensuring that imports comply with our nation’s laws, and to working with our law enforcement partners to keep our communities safe and hold nefarious actors accountable.”
“The combination of machine guns and silencers that these individuals illegally imported created a serious threat to our communities,” said Eric DeGree, Special Agent in Charge of the ATF Philadelphia Field Division. “Getting illegal firearms like these, and the people who traffic them, off our street is core to the ATF mission of protecting our communities from violent crime.”
The case was investigated by Homeland Security Investigations, with assistance from Customs and Border Protection and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and prosecuted by Assistant United States Attorney Anthony Carissimi.
Philadelphia Man Charged with Possession of a Firearm by a FelonRead the Press Release
PHILADELPHIA –United States Attorney Jacqueline C. Romero announced that Nafiysh Knox-Schenck, 32, of Philadelphia, PA, was arrested and charged by Indictment with possession of a firearm by a felon stemming from an incident on May 13, 2024, in which he resisted arrest by Philadelphia police based on an outstanding arrest warrant.
According to the Indictment, on May 13, 2024, Knox-Schenck resisted arrest when two police officers attempted to place him into custody based on an outstanding arrest warrant. While struggling with the officers, Knox-Schenck pulled a loaded firearm from his waistband and then tossed it into the street. Another person then took the firearm and tossed it into a nearby wooded lot. After a struggle, the officers were able to get Knox-Schenck handcuffed and placed him in their vehicle. While the officers went to retrieve the firearm, someone opened the door to the police vehicle and Knox-Schneck was able to escape police custody. Philadelphia police officers then obtained another arrest warrant for the defendant and with the assistance of the United States Marshals Service were able to arrest Knox-Schneck on May 15, 2024.
If convicted, the defendant faces a maximum possible sentence of 15 years’ imprisonment, a $250,000 fine, a three-year period of supervised release, and a $100 special assessment.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney Robert E. Eckert and Pennsylvania Office of the Attorney General Special Assistant United States Attorney Tracie J. Gaydos.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former SEPTA Video Surveillance Manager Sentenced to 37 Months for Extensive Bribery and Extortion SchemeRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that James Stevens, 71, of Somerdale, NJ, was sentenced today by United States District Court Judge Gerald J. Pappert to 37 months in prison for a bribery and extortion scheme that traded on his role as the Director of the Video Surveillance Unit at the Southeastern Regional Transportation Authority (SEPTA).
In November of 2022, Stevens and Robert Welsh, 60, of Tempe, Arizona, were charged by indictment with conspiracy, bribery, extortion, and fraud charges related to the scheme, in which Stevens demanded from Welsh, owner and operator of Spector Logistics, Inc., a stream of financial and other benefits. In exchange, Stevens helped grow Welsh’s business with SEPTA, for which the firm installed, maintained, and supplied video surveillance equipment.
The benefits Welsh provided to Stevens included tens of thousands of dollars in cash payments, as well as donations to an alleged charity that Stevens pocketed, lodging and meals during the 2015 Papal Visit, frequent meals and drinks, tickets to Barbra Streisand and Billy Joel concerts, and funds for SEPTA annual holiday parties. As Stevens demanded, Welsh also offered Stevens future employment with Spector when Stevens retired from SEPTA.
During the time of this corrupt relationship, Spector maintained and obtained millions of dollars in contracts with SEPTA. Stevens played a significant role in facilitating and approving contracts for Spector and Blue Zebra, a second company Welsh owned and established with Stevens’ assistance. Stevens helped Spector win bids by giving Welsh inside information about SEPTA’s financial analyses and otherwise collaborating with Welsh in the contracting process. In doing so, Stevens provided an unfair advantage to Welsh and a disadvantage to other potential vendors.
Stevens and Welsh pleaded guilty to their roles in the scheme in January 2024 and August 2023, respectively. Welsh is scheduled to be sentenced on July 18, 2024.
"Stevens’ sentence serves as a warning to those who abuse the public’s trust in its government officials," said U.S. Attorney Romero. "The hundreds of thousands of daily commuters who count on SEPTA, as well as honest vendors who compete fairly for its contracts, deserve public employees who carry out their duties with integrity, without manipulating the system for personal gain. The U.S. Attorney's Office in partnership with the FBI will continue to fight fraud and corruption."
“Mr. Stevens used his position in maintaining safety on our region’s transit system to secure a myriad of benefits, which he received in exchange for providing his co-conspirator with millions of dollars’ worth of SEPTA contracts,” said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. “We at the FBI, with our partners at the US Attorney’s Office, will continue to root out pay-to-play schemes that harm the public’s trust in our systems.”
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorneys Louis D. Lappen and John J. Boscia.
Mississippi Man Pleads Guilty to Cyberstalking and Making Antisemitic Threats Targeting Synagogues and Jewish-Owned BusinessesRead the Press Release
Donavon Parish, 29, of Hattiesburg, Mississippi, pleaded guilty today to one count of cyberstalking and five counts of abuse and harassment using a telecommunications device. Parish also admitted to a special finding that he targeted his victims based on their actual and perceived religion.
According to court documents, during April and May 2022, the defendant used a voiceover internet protocol service to make a series of phone calls to synagogues and Jewish-owned businesses in the Eastern District of Pennsylvania.
In these calls, the defendant spoke to individuals answering the telephone calls on behalf of their respective institutions, at which time he repeatedly referenced the genocide of approximately six million Jewish people during the Holocaust, stating, among other things, “Heil Hitler,” “all Jews must die,” “we will put you in work camps,” “gas the Jews” and “Hitler should have finished the job.”
Parish is scheduled to be sentenced on Sept. 24 and faces a statutory maximum penalty of 15 years in prison, three years of supervised release, a $1.5 million fine and a $600 special assessment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Mathew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania and Assistant Director Michael Nordwall of the FBI’s Criminal Investigative Division made the announcement.
The FBI Philadelphia Field Office is investigating the case.
Trial Attorney Justin Sher of the National Security Division's Counterterrorism Section and Assistant U.S. Attorney J. Jeanette Kang for the Eastern District of Pennsylvania are prosecuting the case, with assistance from the Justice Department's Civil Rights Division and the U.S. Attorney’s Office for the Southern District of Mississippi.
Mississippi Man Pleads Guilty to Cyberstalking and Antisemitic Harassment of Synagogues, Jewish-Owned BusinessesRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Donavon Parish, 29, of Hattiesburg, Mississippi, entered a plea of guilty today before United States District Court Judge Cynthia M. Rufe to one count of cyberstalking and five counts of abuse and harassment using a telecommunications device. Parish also admitted to a special finding that he targeted his victims based on their actual and perceived religion.
According to a June 2023 indictment and superseding information filed last month, during April and May 2022, the defendant used a Voice over Internet Protocol service to make a series of phone calls to synagogues and Jewish-owned businesses in the Eastern District of Pennsylvania.
In these calls, the defendant spoke to individuals answering the telephone calls on behalf of their respective institutions, at which time he repeatedly referenced the genocide of approximately six million Jewish people during the Holocaust, stating, among other things, “Heil Hitler,” “all Jews must die,” “we will put you in work camps,” “gas the Jews,” and “Hitler should have finished the job.”
In total, the defendant faces a statutory maximum sentence of 15 years’ imprisonment, three years of supervised release, a $1,500,000 fine and a $600 special assessment.
“Cyberstalking is already a serious violation and targeting victims based on their religion is a hate crime, which makes it that much more abhorrent,” said U.S. Attorney Romero. “We and our partners will continue to work to hold accountable anyone who criminally misuses today’s technology to spread hate and fear.”
“Antisemitism has no place in our society,” said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. “Today’s guilty plea reinforces that we will pursue justice against those who threaten members of our communities with such vile threats. The FBI will continue to work closely with our partners at the U.S. Attorney’s Office to ensure our citizens feel safe in the environments they live, work and play in.”
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney J. Jeanette Kang of the U.S. Attorney’s Office for the Eastern District of Pennsylvania and Justin Sher with the Department of Justice’s National Security Division (Counterterrorism Section), with assistance from DOJ’s Civil Rights Division and the U.S. Attorney’s Office for the Southern District of Mississippi.
U.S. Attorney Announces Two Additional Civil Settlements as Part of National Effort to Combat Electronic Stimulation Fraudulent Billing Scheme and Recover Millions, and Enforcement Action of One of the SettlementsRead the Press Release
PHILADELPHIA – U.S. Attorney Jacqueline C. Romero announced two civil settlements, nearing a total of $2 million, which are the latest actions in the national investigation into the improper billing involving the RST Sanexas neoGEN-Series device (“Sanexas”).
The settlements announced today involve chiropractic clinics that principally used Sanexas treatment for patients suffering from diabetic neuropathy. Sanexas is an electric stimulation device marketed by RST Sanexas, Inc. (“RST”) to treat various forms of pain and other medical conditions. It consists of a large central unit and electrical leads that are temporarily affixed to the area being treated.
Patients typically received treatment on an outpatient basis and received two treatments per week for twelve weeks, for a total of approximately 24 treatments. Treatment times generally lasted approximately 30 to 40 minutes. In conjunction with Sanexas treatment, the clinics injected patients with a vitamin blend.
The settlements are pursuant to DOJ’s inability to pay policy:
- Joseph M. Childs, DC, Charles H. Durr, DC, and Active Integrated Medical Centers, PC (collectively, “Active Integrated”) agreed to pay $1,900,000 to resolve liability under the False Claims Act for the alleged improper billing of “Sanexas” and “TM Flow” devices, as well as epidermal nerve fiber density (“ENFD”) testing.
- Taylor Vanden Wynboom, DC and Nova Integrated Health, PC (collectively, “Nova”) agreed to pay $52,000 to resolve liability under the False Claims Act for the alleged improper billing of the Sanexas device and ENFD testing.
Childs and Durr are chiropractors and co-owners of Active Integrated, with office locations in Downingtown and Hershey, Pennsylvania. From approximately February 5, 2020, through April 14, 2022, Active Integrated submitted over 67,000 claims for payment to Medicare involving application of the Sanexas device, often billed with accompanying vitamin injections under various procedure codes (97012, 97014, 97016, 97032, 97112, 97150, 99202, 99203, 99204, 99211,99212, 99213, and G0283) and injection codes (96372, J1955, J3411, J3415, J3420, and J3490).
Because Active Integrated refused to make its required settlement payments, yesterday the United States filed a complaint in the Eastern District of Pennsylvania to enforce the settlement agreement.
Wynboom is a chiropractor and owner of Nova, with an office location in Ankeny, Iowa. From approximately March 20, 2019, through November 5, 2020, Nova submitted approximately 33,000 claims for payment to Medicare involving application of the Sanexas device, often billed with accompanying vitamin injections under various procedure codes (97016, 97032, 97112, 97150, 99203, 99212, 99213, 99214, and G0283) and injection codes (96372, J1955, J3411, J3415, J3420, and J3490).
The United States Attorney’s Offices for the Eastern District of Pennsylvania and Southern District of Iowa worked closely to file a complaint and ultimately finalize a settlement in the matter of Wynboom, who had declared Chapter 7 bankruptcy.
The United States contends that Medicare did not permit reimbursement of Sanexas or vitamin injections used in conjunction with Sanexas in the way in which Active Integrated and Nova administered them. In particular, National Coverage Determination 160.7.1 states: “Electrical nerve stimulation treatments furnished by a physician in his/her office, by a physical therapist or outpatient clinic are excluded from coverage by § 1862(a)(1) of the Act.”
Similarly, Local Coverage Determination (“LCD”) 35222 reinforces that “[t]he use of electrostimulation alone for the treatment of multiple neuropathies or peripheral neuropathies caused by underlying systemic diseases is not medically reasonable and necessary.” Other LCDs contain the same or similar statements, such as L35456, L35457, L37642, L35222, and L36850.
The United States Food and Drug Administration cleared Sanexas as substantially equivalent to a transcutaneous electrical nerve stimulator (“TENS”) on or around January 24, 2003. Sanexas treatment was not FDA-cleared for use in combination with vitamin injections, the vitamin blend was not FDA-approved, and the vitamin blend was produced in bulk, rather than prescribed for individual patients.
The United States contends that vitamin injections used in conjunction with Sanexas treatment as Active Integrated and Nova administered them do not fall under the limited coverage available for prescription drugs under Medicare Part B. The LCDs noted above reinforce that vitamin injections that act as nerve blocks are not medically reasonable and necessary.
In addition, the United States contends that the various billing codes that Active Integrated and/or Nova used are improper for the way in which it administered Sanexas treatment and vitamin injections. For example, CPT Code 97012 requires application of mechanical traction and patient supervision, 97016 applies to lymphedema treatment and requires patient supervision, and 97032 and 97112 require one-on-one patient contact.
Active Integrated and Nova also submitted Medicare claims for testing used in conjunction with electric stimulation treatment – ENFD testing and/or TM Flow testing. ENFD testing involves performing a punch biopsy on patients to purportedly evaluate nerve damage that could be treated with the Sanexas device. ENFD testing was also conducted after Sanexas treatment purportedly to evaluate whether there has been an improvement to nerve health. The Sanexas device, however, is not FDA-cleared for healing or regrowing nerves. In addition, it was not medically reasonable or necessary to conduct additional testing related to electrical stimulation treatment, which was not covered by Medicare in the way in which Active Integrated and Nova administered it. Patients experienced pain while undergoing the punch biopsy used for ENFD testing.
In addition, Active Integrated offered “TM Flow” testing to screen new patients for various diseases, which, if identified, could purportedly support the need for electric stimulation treatment using the Sanexas device. The TM Flow device conducts various autonomic nervous system (“ANS”) and vascular function assessments. The applicable LCD includes ten limitations that render ANS testing not medically reasonable and necessary and not covered, including “patient screenings without signs or symptoms of autonomic dysfunction,” testing where “results are not used in clinical decision-making and patient management,” and testing without the competence in the Autonomic Disorders medical subspecialty. See L35395. LCDs L23236, L33609, and L35124 contain similar limitations.
Contrary to these limitations, however, Active Integrated used ANS testing to screen patients during an initial visit, offered treatment with the Sanexas device regardless of the results of TM flow testing, and lacked the necessary training to perform and interpret ANS testing.
During the time period in question, Active Integrated submitted to Medicare approximately 1,500 claims for TM Flow testing under codes 93922, 95921, 95923, and 95943, as well as nearly 70 claims for ENFD testing under codes 11104 and 11105. Active Integrated also submitted approximately 2,500 claims for Sanexas treatment and TM Flow testing to TRICARE, a federal health care insurance system for members of the military services and their families. Meanwhile, Nova submitted approximately 16 claims for ENFD testing and approximately 1,200 claims for Sanexas treatment to TRICARE.
“Before billing Medicare, providers must conduct their own due diligence, including reviewing applicable coverage determinations; they cannot blindly rely on the advice of device manufacturers, distributors, or billing companies,” said U.S. Attorney Romero. “We will continue working closely with our partners at CMS’s Center for Program Integrity, the Department of Health and Human Services Office of the Inspector General, and sister U.S. Attorney’s Offices around the country to hold accountable any other providers who inappropriately billed for these devices and caused false claims to be submitted.”
“Every dollar saved is critical to the sustainability of the Medicare program and the needs of the people who depend on it,” said Centers for Medicare and Medicaid Services Administrator Chiquita Brooks-LaSure. “We thank our partners at the Department of Justice and Department of Health and Human Services Office of Inspector General for working closely with us to identify, investigate, and eliminate waste, fraud and abuse in our federal health care programs.”
“Accurately billing for services provided to Medicare beneficiaries is required of all health care providers,” said Maureen R. Dixon, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of the Inspector General. “HHS-OIG, CMS’s Center for Program Integrity, and the U.S. Attorney’s Office will continue to evaluate and pursue inaccurate billings of Sanexas and similar devices.”
The settled civil claims are allegations only. There has been no determination of civil liability. This matter was investigated by the U.S. Department of Health and Human Services Office of the Inspector General. The investigations and settlements were handled by Special Assistant U.S. Attorney Eric S. Wolfish, Civil Division Chief Gregory B. David, and Auditors Dawn Wiggins and Andrew Schobert. The Nova settlement was also handled by Civil Division Chief Rachel Scherle of the United States Attorney’s Office for the Southern District of Iowa.
12 Alleged Members of Drug Trafficking Organization Based in Philadelphia’s Fairhill Section Indicted on Narcotics and Gun ChargesRead the Press Release
PHILADELPHIA – At a news conference this morning, United States Attorney Jacqueline C. Romero announced that 12 alleged members of a drug trafficking organization based in Philadelphia’s Fairhill section have been indicted on dozens of narcotics and gun charges.
U.S. Attorney Romero discussed the case alongside Eric J. DeGree, Special Agent in Charge of ATF Philadelphia; First Deputy Commissioner John Stanford and Deputy Commissioner Frank Vanore of the Philadelphia Police Department; Christopher Nielsen, Inspector in Charge of the U.S. Postal Inspection Service’s Philadelphia Division; Nehemiah Haigler and James McCaffrey, Regional Directors of the Pennsylvania Attorney General’s Office Bureau of Narcotics Investigations; and U.S. Marshal Eric S. Gartner.
The indictment alleges that, from at least February 2023 through June 2024, a drug trafficking organization led by Wilfredo Avila sold significant quantities of packaged fentanyl, fentanyl pills, and cocaine in and around the Fairhill-Kensington area.
In addition to selling these narcotics, the Avila DTO routinely offered and sold firearms of all kinds to its drug dealer customers.
Information on the defendants, all residents of Philadelphia, and the charges they face is below.
Ten have been arrested, one awaits removal from another state, and one – Ahmed Perez – remains at large.
“People who illegally traffic in drugs and guns help unravel families and undermine entire communities,” said U.S. Attorney Romero. “I hope this takedown shows the U.S. Attorney’s Office’s commitment to tackling such critical public safety issues, and holding the perpetrators accountable for the harm they’ve caused to our city. I also hope it sends a message to all the other drug and gun traffickers out there. That message is… you’re next.”
“The ATF Philadelphia Field Division is committed to supporting the Philadelphia Police Department’s efforts to tamper the drug-fueled violence in the Kensington section of Philadelphia, and help the community there,” said ATF Special Agent in Charge DeGree. “Last week’s Operation Black Diamond is a concrete example of that commitment. It is also another example of our long history of working with our local, state, and federal partners to prevent, investigate and prosecute the crime that plagues many of our communities.”
“The indictments announced today mark a significant step forward in our ongoing battle against the epidemic of drug sales, use, and violence that has plagued our communities, especially in Kensington,” said Philadelphia Police Commissioner Kevin J. Bethel. “Our synergy with federal partners is vital in Mayor Parker's mission to eradicate these crimes, and to bring hope back to our Kensington communities. Ongoing collaboration with the ATF, U.S. Attorney's Office, and other local, state, and federal agencies will be instrumental in dismantling these dangerous organizations and restoring safety to our neighborhoods. I thank our LE colleagues for their partnership; and together, we are committed to continuing this united effort to protect our citizens and uphold the law.”
“The members of this organization allegedly trafficked weapons and drugs throughout Kensington. Every illegally-possessed firearm presents a threat to public safety, as those guns are often used in violent crimes,” Pennsylvania Attorney General Michelle Henry said. “I am grateful for the hard work of all the agencies who partnered in this investigation. Together, we will continue efforts to stop the trafficking of firearms and make Pennsylvania safer for all who live here.”
“Every day, Postal Inspectors work to protect the mail from being misused by criminals, including large scale Drug Trafficking Organizations,” said USPIS Inspector in Charge Nielsen. “When prevention and investigative efforts can come together with the efforts of other agencies to identify and charge individuals who distribute drugs throughout Philadelphia, it makes all our communities safer. I want to acknowledge the contributions of the officers and agents from the Philadelphia Police Department, the Pennsylvania Attorney General’s Office, the ATF, and the Postal Inspectors of the Philadelphia Division. I also want to acknowledge and thank the Assistant United States Attorneys who supported this investigation.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case is being prosecuted under a new criminal provision created in the Bipartisan Safer Communities Act, which Congress enacted and the President signed in June 2022. The Act includes the first federal statute, Title 18, United States Codes, Section 933, that was specifically designed to target the unlawful trafficking of firearms.
If convicted, the defendants face maximum possible sentences ranging from five years to lifetime imprisonment.
The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Philadelphia Police Department, the U.S. Postal Inspection Service, and the Pennsylvania Attorney General’s Office Bureau of Narcotics Investigation, with assistance from the U.S. Marshals Service, and is being prosecuted by Special Assistant United States Attorney David Osborne.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
A chart of the defendants and the charges against them:
Name
Age
Charges
Wilfredo Avila
30
▪ Attempt and conspiracy (1 count)
▪ Conspiracy to commit offense or to defraud U.S. (1 count)
▪ Manufacture, distribute, dispense, possess a controlled substance (25 counts)
▪ Unlawfully engaging in the business of firearms (1 count)
▪ Unlawful shipment, transfer, receipt, or possession of a firearm by a felon (16 counts)
▪ Trafficking in firearms (1 count)
Chanel Diaz Oscar
48
▪ Attempt and conspiracy (1 count)
▪ Manufacture, distribute, dispense, possess a controlled substance (9 counts)
Zaida Diaz
59
▪ Attempt and conspiracy (1 count)
▪ Manufacture, distribute, dispense, possess a controlled substance (3 counts)
Marcelino Minaya Lebron
44
▪ Attempt and conspiracy (1 count)
Noel Arce
26
▪ Conspiracy to commit offense or to defraud U.S. (1 count)
▪ Unlawfully engaging in the business of firearms (1 count)
▪ Unlawful shipment, transfer, receipt, or possession of a firearm by a felon (3 counts)
Abdul Ortiz
37
▪ Manufacture, distribute, dispense, possess a controlled substance (2 counts)
Ahmed Perez
28
▪ Manufacture, distribute, dispense, possess a controlled substance (1 count)
Juan Acosta
55
▪ Conspiracy to commit offense or to defraud U.S. (1 count)
▪ Unlawfully engaging in the business of firearms (1 count)
▪ Unlawful shipment, transfer, receipt, or possession of a firearm by a felon (2 counts)
▪ Trafficking in firearms (1 count)
Angel Colon
35
▪ Conspiracy to commit offense or to defraud U.S. (1 count)
▪ Unlawfully engaging in the business of firearms (1 count)
▪ Unlawful shipment, transfer, receipt, or possession of a firearm by a felon (1 count)
▪ Trafficking in firearms (1 count)
Alexander Roman Delgado
33
▪ Conspiracy to commit offense or to defraud U.S. (1 count)
▪ Unlawful shipment, transfer, receipt, or possession of a firearm by a felon (1 count)
▪ Trafficking in firearms (1 count)
Angel Velez
33
▪ Conspiracy to commit offense or to defraud U.S. (1 count)
▪ Unlawful shipment, transfer, receipt, or possession of a firearm by a felon (1 count)
Jose Rodriguez
30
▪ Conspiracy to commit offense or to defraud U.S. (1 count)
Texas Men Sentenced for Conspiracy to Sell Sanctioned Iranian Petroleum to ChinaRead the Press Release
Two Texas men, both of whom were convicted at trial, were sentenced today to 45 months in prison for attempting to violate the International Emergency Economic Powers Act (IEEPA), conspiracy to violate IEEPA and conspiracy to commit money laundering based on their attempt to transact in sanctioned petroleum and launder the proceeds.
According to court documents, Zhenyu “Bill” Wang, 43, a Chinese citizen, and Daniel Ray Lane, 42, of McKinney, Texas, schemed with co-conspirators to evade U.S. economic sanctions against the Islamic Republic of Iran (Iran) from July 2019 to February 2020 by facilitating the purchase of sanctioned oil from Iran, masking its origins and selling the oil under masked origins to buyers in the People’s Republic of China. To accomplish their goal, the conspirators communicated among themselves and with third parties concerning, among other things, concealing the origin of the oil and the overall illegal transaction, financing the transaction, preparing contracts and other documents needed to effect the sale, shipping the sanctioned Iranian oil, obtaining Antiguan passports to facilitate the transaction and to establish offshore bank accounts to receive funds, distributing proceeds from the intended sale of the sanctioned Iranian oil and concealing and disguising the nature, location, source, ownership and control of the proceeds of the intended transaction.
“Today, Mr. Lane and Mr. Wang are held accountable for attempting to broker illicit oil sales between Iran and China, and launder the proceeds, in violation of U.S. sanctions,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The court’s sentence makes clear that those who place personal profit over national security will face serious consequences.”
“It’s one thing to be entrepreneurial and take risks, but when your business plan hinges on evading U.S. sanctions, you’re doing it wrong,” said U.S. Attoreny Jacqueline C. Romero for the Eastern District of Pennsylvania. “Wang, Lane and their co-conspirators’ scheme to make millions also would have enriched Iran, one of our government’s foreign adversaries, in direct contravention of measures meant to protect American interests and national security. Holding accountable those who violate our sanctions laws and export controls is a priority for my office and our partners at the FBI.”
“The FBI will use all our lawful authorities to stop those who seek to evade sanctions on Iranian oil,” said Executive Assistant Director Larissa L. Knapp of the FBI’s National Security Branch. “Today’s sentencing of Zhenyu Wang and Daniel Ray Lane reflects our commitment to combatting these illegal actions and serves as a warning to others that violating U.S. sanctions impacts our national security and will not be tolerated.”
Wang played a critical role in this conspiracy, providing the connection to the Chinese buyers who would purchase the Iranian oil. As part of his efforts, Wang communicated with multiple parties in China, secured a written offer from a Chinese buyer and brokered a contract of sale with this buyer. He also arranged for bribe payments to be made to Chinese officials to facilitate the illegal transaction. Lane agreed to help launder the Iranians’ proceeds from the transaction. He offered to use the mineral rights that he sold through his business, Stack Royalties, to conceal the Iranians’ profits, and even purchased a cash machine to count the millions of dollars of laundered proceeds quickly. Wang and Lane worked with three other conspirators who acted as intermediaries seeking buyers for the sanctioned oil.
The conspirators believed that they would profit handsomely from the scheme to evade U.S. sanctions through significant shipments of sanctioned Iranian oil. They planned to start their scheme with a 500,000-barrel shipment of Iranian oil, but intended to increase the shipments to one or two million barrels per month for a year or more. Lane and another co-conspirator understood that the scheme was to be funded by an initial $5 million payment, which would include $4 million provided in cash. And the conspirators believed that they would make significant profits, with Wang stating that he planned to make $1.5 million in profit for each 500,000-barrel shipment.
Wang and Lane acted fully aware that the scheme to sell sanctioned Iranian crude oil was in violation of U.S. sanctions against Iran. In fact, both defendants made statements explicitly acknowledging that their conduct was illegal. Wang, for example, acknowledged the profits he stood to make by engaging in illegal transactions, stating that “I love sanction to be honest with you and the sanctions make everybody money.” Similarly, Lane discussed concealing and disguising the proceeds of the transactions in sanctioned Iranian oil, noting that “sanctions can always be massaged . . . you know, there is always a way around it.”
In January 2024, Wang and Lane’s co-conspirator, Nicholas Hovan, was sentenced to 12 months and a day in prison, and co-conspirators Nicholas Fuchs and Robert Thwaites were each sentenced to 10 months in prison.
The FBI investigated the case.
Assistant U.S. Attorneys Patrick J. Murray and Mary E. Crawley for the Eastern District of Pennsylvania prosecuted the case, with valuable assistance provided by Trial Attorney Beau Barnes of the National Security Division’s Counterintelligence and Export Control Section.
Defendants Sentenced to Prison for Conspiracy to Sell Sanctioned Iranian Petroleum to ChinaRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Zhenyu (“Bill”) Wang, 43, of Dallas, Texas, and Daniel Ray Lane, 42, of McKinney, Texas, who were convicted at trial in November 2023, were sentenced to prison today by United States District Judge Harvey Bartle III on charges of attempting to violate the International Emergency Economic Powers Act (“IEEPA”), conspiracy to violate IEEPA, and conspiracy to commit money laundering, based on their attempt to transact in sanctioned petroleum and launder the proceeds.
Wang, a Chinese citizen, and Lane, a U.S. citizen, were each sentenced to 45 months’ imprisonment followed by three years of supervised release. In January 2024, Wang and Lane’s co-conspirator Nicholas Hovan was sentenced to imprisonment for 12 months and a day, and co-conspirators Nicholas Fuchs and Robert Thwaites were each sentenced to 10 months’ imprisonment.
From July 2019 to February 2020, the defendants schemed to evade United States economic sanctions against the Islamic Republic of Iran (“Iran”) by facilitating the purchase of sanctioned oil from Iran, masking its origins, and selling the oil under masked origins to buyers in the People’s Republic of China. To accomplish their goal, the conspirators communicated among themselves and with third parties concerning, among other things, concealing the origin of the oil and the overall illegal transaction, financing the transaction, preparing contracts and other documents needed to effect the sale, shipping the sanctioned Iranian oil, obtaining Antiguan passports to facilitate the transaction and to establish offshore bank accounts to receive funds, distributing proceeds from the intended sale of the sanctioned Iranian oil, and concealing and disguising the nature, the location, the source, the ownership and the control of the proceeds of the intended transaction.
Wang played a critical role in this conspiracy, providing the connection to the Chinese buyers who would purchase the Iranian oil. As part of his efforts, Wang communicated with multiple parties in China, secured a written offer from a Chinese buyer, and brokered a contract of sale with this buyer. He also arranged for bribe payments to be made to Chinese officials to facilitate the illegal transaction. Lane agreed to help launder the Iranians’ proceeds from the transaction. He offered to use the mineral rights that he sold through his business, Stack Royalties, to conceal the Iranians’ profits, and even purchased a cash machine to count the millions of dollars of laundered proceeds quickly. Wang and Lane worked with three other conspirators who acted as intermediaries seeking buyers for the sanctioned oil.
The conspirators believed that they would profit handsomely from the scheme to evade U.S. sanctions through significant shipments of sanctioned Iranian oil. They planned to start their scheme with a 500,000-barrel shipment of Iranian oil, but intended to increase the shipments to 1 million or 2 million barrels per month for a year or more. Lane and another co-conspirator understood that the scheme was to be funded by an initial $5 million payment, which would include $4 million provided in cash. And the conspirators believed that they would make significant profits, with Wang stating that he planned to make $1.5 million in profit for each 500,000-barrel shipment.
Wang and Lane acted fully aware that the scheme to sell sanctioned Iranian crude oil was in violation of U.S. sanctions against Iran. In fact, both defendants made statements explicitly acknowledging that their conduct was illegal. Wang, for example, acknowledged the profits he stood to make by engaging in illegal transactions, stating that “I love sanction to be honest with you and the sanctions make everybody money.” Similarly, Lane discussed concealing and disguising the proceeds of the transactions in sanctioned Iranian oil, noting that “sanctions can always be massaged . . . you know, there is always a way around it.”
“It’s one thing to be entrepreneurial and take risks, but when your business plan hinges on evading U.S. sanctions, you’re doing it wrong,” said U.S. Attorney Romero. “Wang, Lane, and their co-conspirators’ scheme to make millions also would have enriched Iran, one of our government’s foreign adversaries, in direct contravention of measures meant to protect American interests and national security. Holding accountable those who violate our sanctions laws and export controls is a priority for my office and our partners at the FBI.”
“In seeking personal profits, these co-conspirators attempted to violate sanctions put in place to protect the United States’ national security,” said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. “Let this sentence serve as a reminder – those who seek to orchestrate such criminal acts will be brought to justice.”
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorneys Patrick J. Murray and Mary E. Crawley.
Two Men Sentenced to over 13 Years Each for Gunpoint Robberies of Businesses in Kensington and the Lower Northeast PhiladelphiaRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Angel Fayez, 19, and Kevin Antun, a.k.a. Acquah Evans, 20, both of Philadelphia, Pennsylvania, were each sentenced to 162 months in prison by the Honorable Juan R. Sanchez.
On February 6, 2024, both men plead guilty to one count of carjacking, eight counts of Hobbs Act robbery, and one count of carrying and using a firearm during the commission of a crime of violence.
Fayez and Antun were charged by indictment in March 2023 with these offenses, in connection with a series of gunpoint robberies of businesses in the Kensington and the Lower Northeast sections of Philadelphia.
According to the indictment, the defendants committed one carjacking and robbed a variety of small businesses, stealing approximately $3,613 total between November 22, 2022, and December 3, 2022. The incidents detailed are as follows:
- On November 22, 2022, Fayez and Antun carjacked a woman at the Liberty gas station located at 3949 Kensington Avenue;
- On November 22, 2022, Fayez and Antun robbed the Dollar General located at 1240 E. Erie Avenue;
- On November 22, 2022, Fayez and Antun robbed the Popeyes located at 501 Adams Avenue;
- On November 28, 2022, Fayez and Antun robbed the Texas Chicken and Burger located at 3960 Kensington Avenue;
- On November 30, 2022, Fayez and Antun robbed the Wingstop located at 3855 Aramingo Avenue;
- On November 30, 2022, Fayez and Antun robbed the Wingstop located at 2118 Cottman Avenue;
- On November 30, 2022, Fayez and Antun robbed the Domino’s Pizza located at 6391 Oxford Avenue; and
- On December 3, 2022, Fayez and Antun robbed the Popeyes located at 3541 Aramingo Avenue.
On May 29, 2024, Judge Sanchez sentenced Fayez to 162 months’ imprisonment, a five-year period of supervised release, and a $900 special assessment.
On May 30, 2024, Judge Sanchez sentenced Antun to 162 months’ imprisonment, a five-year period of supervised release, and a $900 special assessment.
"Today, two Philadelphia men were sentenced to over thirteen years in prison for terrorizing businesses in Kensington and Lower Northeast Philadelphia," said U.S. Attorney Romero. "Interfering with interstate commerce by robbing a business at gunpoint is a federal crime. The U.S. Attorney’s office, along with ATF and the Philadelphia Police Department, will continue to fight violent crime to ensure the safety and sanctity of our streets prevail."
“This crime spree was extremely violent, and the sentence sends a clear message that even young offenders with no criminal history will be held to account if they terrorize their community,” said Eric DeGree, Special Agent in Charge of the ATF Philadelphia Field Division. “The Philadelphia Carjacking Task Force has again shown their value to the people of Philadelphia, making our community a bit safer again.”
"I am grateful to see these dangerous individuals receive significant prison sentences for a crime spree that terrorized Philadelphians for almost two weeks," said Philadelphia Police Commissioner Kevin J. Bethel. "The collaboration between the ATF, the PPD, and the U.S. Attorney's Office demonstrates the relentless dedication our agencies have in pursuing violent criminals; and the sentences handed down sends a strong message that gun violence will not be tolerated in Philadelphia.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Philadelphia Police Department, and prosecuted by Assistant United States Attorney Robert E. Eckert and Special Assistant United States Attorney David Osborne.
Philadelphia Man Sentenced to 10 Years for Illegally Possessing a Firearm; Gun was Used in Violent Assault and Armed RobberyRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Kelvin Canales, 29, of Philadelphia, Pennsylvania, was sentenced by United States District Court Judge Karen S. Marston to 120 months’ imprisonment, three years of supervised release, and a $100 special assessment for possession of a firearm by a felon, stemming from an incident in which he violently assaulted a victim before disposing of the weapon.
On April 21, 2021, Canales robbed and assaulted a victim of his cell phone on a sidewalk in North Philadelphia. After the defendant returned to his car, he reapproached the victim and shot the victim multiple times in the back. Video footage shows Canales then fleeing the area. Approximately an hour later, the defendant crashed his car in a single-car accident. When paramedics arrived and attempted to speak with the defendant, he allegedly fled the accident scene, walked behind a row of houses, and hid a loaded firearm in a trash can.
Canales pleaded guilty to the felon in possession charge on November 29, 2023.
"Kelvin Canales' possession of a firearm as a repeat offender with a history of violent crime was a threat to the larger community," said U.S. Attorney Romero. "Today's sentencing of Canales for possession of a firearm keeps a dangerous man off the streets. It reinforces our commitment, in cooperation with our law enforcement partners, to keep Philadelphia safe and fight violent crime."
“This case is another example of ATF Philadelphia Field Division’s long history of partnership with the Philadelphia Police Department,” said Eric DeGree, Special Agent in Charge of the ATF Philadelphia Field Division. “Violent criminals who attack randomly like Kelvin Canales did will be prosecuted vigorously to ensure justice for the victims and to make our communities safer.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Philadelphia Police Department, and prosecuted by Assistant United States Attorney Robert E. Eckert.
Carbon County Man Sentenced for Trying to Smuggle Explosives on Plane Bound for Orlando-Sanford AirportRead the Press Release
United States Attorney Jacqueline C. Romero announced that Marc Muffley, 41, of Landsford, PA, was sentenced to 30 months in prison and 3 years supervised release by United States District Court Judge John M. Gallagher for attempting to place an explosive device on an aircraft and possessing an explosive in an airport.
On February 27, 2023, Marc Muffley possessed a bag containing an explosive device, a can of butane, lithium batteries, and a lighter, among other items, at Lehigh Valley International Airport. Then he checked that bag on a flight bound for the Orlando Sanford International Airport in Florida. Muffley admitted that when he heard his name paged over the airport's public address system, he immediately fled the airport and contacted his girlfriend to come and pick him up. He then changed his telephone number to avoid being tracked. The FBI arrested him on a criminal complaint and arrest warrant on February 28, 2023, and pled guilty on January 17, 2024.
"Today's sentencing of Marc Muffley serves as a reminder of the importance of adhering to strict regulations and safety protocols in air travel," said U.S. Attorney Romero. "The possession of an explosive on a plane poses a grave risk of fire, explosion, and catastrophic consequences for everyone onboard. I commend the efforts of local, state, and federal enforcement officials in their diligence and moving swiftly, thereby ensuring the safety of all those affected. The U.S. Attorney's Office remains committed to working closely with airport authorities, airlines, and law enforcement agencies to uphold the highest safety and security standards for all passengers and crew."
"Protecting the American people is the very core of our mission at the FBI, and this case demonstrates how seriously we must take this mission. Due to the swift action by airport authorities and law enforcement, a potentially deadly incident was averted," said Wayne A. Jacobs, special agent in charge of FBI Philadelphia. "The FBI and our partners remain committed to ensuring the safety and security of all who work in and travel through our airports."
The case was investigated by the FBI with assistance from the Lehigh Northampton Airport Authority, the Transportation Security Administration, the Federal Aviation Administration and Department of Transportation – Office of Inspector General and is being prosecuted by Assistant United States Attorney Robert W. Schopf.
Philadelphia Man Sentenced to 36 months in Prison for Robbing a Postal Carrier, Mail Theft, and Check-Washing SchemeRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Sam Wolo, 23, of Philadelphia, PA, was sentenced today by United States District Court Judge Paul S. Diamond to 36 months for his role in a scheme to steal checks from the United States mail, and to then fraudulently alter and deposit the stolen checks.
Co-conspirator Gransae Manue, 22 of Clifton Heights, Pennsylvania, was sentenced on May 2 to 33 months’ imprisonment, three years of supervised release, and restitution of $42,184.
Co-conspirator Bruno Nyanue, 22, of Philadelphia, is scheduled to be sentenced on June 12.
All three men admitted to their roles in the conspiracy, with Nyanue pleading guilty on November 8, 2023, to conspiracy to commit bank fraud, bank fraud, aggravated identity theft, conspiracy to commit mail theft, possession of stolen mail, and robbery of a postal carrier. Wolo pleaded guilty on December 5, 2023, to conspiracy to commit bank fraud, bank fraud, conspiracy to commit mail theft, possession of stolen mail, and robbery of a postal carrier, and Manue pleaded guilty on January 10, 2024, to conspiracy to commit bank fraud, bank fraud, conspiracy to commit mail theft, possession of stolen mail, and robbery of a postal carrier.
On December 22, 2021, the co-conspirators had forcibly robbed a U.S. Postal Service (USPS) letter carrier of his Arrow Key, used by letter carriers to access blue USPS collection boxes along their routes. The Arrow Key stolen by the defendants opened collection boxes in Drexel Hill, Pennsylvania, and the three used it repeatedly to steal mail from boxes in that area.
Between December 2021 and February 2022, the co-conspirators “washed” and altered checks they stole from the mail that belonged to victims who had mailed checks in Drexel Hill. The defendants altered the stolen checks to make them payable to third parties, often in amounts greater than the checks’ original value, without the victims’ knowledge or consent. As part of the scheme, the defendants deposited the fraudulently washed and altered checks into those third-party accounts, and in at least some instances, withdrew some of the fraudulently deposited funds. Approximately 370 stolen checks and nine stolen money orders were recovered from defendant Wolo’s apartment. The Arrow Key stolen by the defendants from the USPS letter carrier in Drexel Hill, as well as two stolen checks and two money orders, were also recovered from defendant Wolo’s vehicle. Altogether, the value of stolen checks and money orders recovered from defendant Wolo’s apartment and car totaled more than $171,000.
"The United States Postal Service is vital to American life, delivering essential items such as income, bills, and expenses," said U.S. Attorney Romero. "Today's sentence reflects the serious consequences that await those who compromise the security of our mail system. We ask everyone to help support this critical service and maintain the integrity of our mail system by reporting any suspicious activity as we work together to keep our mail safe and secure."
“Sam Wolo, Gransae Manue, and Bruno Nyanue are being held accountable for their roles in robbing a Postal Service carrier of postal keys, stealing checks out of the U.S. mail, and fraudulently trying to pass those checks through the financial system,” said Christopher Nielsen, Inspector in Charge of the Philadelphia Division for the Postal Inspection Service. “Along with our law enforcement partners, Inspectors will work relentlessly to hold accountable individuals who bring violence and theft onto the Postal Service and its customers. I want to thank the investigators from the Philadelphia Police Department and the Upper Darby Police Department, along with the Inspectors from the Philadelphia Division, for identifying and apprehending these suspects. I also want to acknowledge the efforts of the United States Attorney’s Office for prosecuting these three individuals.”
The case was investigated by the U.S. Postal Inspection Service and the Upper Darby Police Department and is being prosecuted by Assistant United States Attorney Eileen Castilla Geiger.
West Chester Man Pleads Guilty to Abusive Sexual Contact on an AircraftRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Edward Decker, 46, of West Chester, PA, pleaded guilty today before U.S. District Judge Nitza I. Quinones Alejandro to one count of abusive sexual contact on an aircraft.
According to court documents, Decker, on or about July 29, 2022, while on board an American Airlines flight from San Diego, California to Philadelphia, intentionally touched the thigh and breast of a minor while she was sleeping. The victim woke up from her sleep on this overnight flight to find Decker, who was seated in her row, with his hands and face under her clothes and on her body.
“The facts of this case are incredibly disturbing — a parent’s nightmare, really,” said U.S. Attorney Romero. “Not only should people feel safe putting their kids on a plane to get from Point A to Point B, everyone should feel free to close their eyes mid-flight without fearing a seatmate’s intentions. We and the FBI will continue to crack down on these crimes aboard aircraft, to support and ensure justice for the victims.”
"This guilty plea demonstrates that those who commit sexual assault aboard aircrafts will be held responsible," said Wayne A. Jacobs, special agent in charge of FBI Philadelphia. "While our office will continue to aggressively pursue offenders, we encourage everyone to be aware of their surroundings while in flight and to report incidents of abusive sexual contact to their flight crew and the FBI.”
Sentencing is set for September 23, 2024, at 11:00 a.m. and the defendant faces a maximum possible sentence of three years’ imprisonment.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Josh A. Davison.
Two Individuals Sentenced to Prison for Impersonating and Defrauding Comcast and Charter CustomersRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Estifany Herrera Cedano, 45, of Yonkers, NY, and Johnny Israel Ramos Castillo, 31, of the Dominican Republic, were sentenced to prison by United States District Judge Juan R. Sánchez for impersonating over 150 customers of Comcast and Charter as part of a fraudulent scheme to obtain iPhones and iPads through identity theft.
Herrera Cedano was sentenced to 81 months’ imprisonment followed by three years of supervised release on convictions for wire fraud and aggravated identity theft and ordered to pay restitution in the amount of $347,666.07 to Comcast and $245,697.76 to Charter. Ramos Castillo was sentenced to 54 months' imprisonment followed by three years of supervised release on convictions for wire fraud and aggravated identity theft and ordered to pay restitution in the amount of $50,327.19 to Comcast and $217,948.01 to Charter.
Between 2019 and 2020, Herrera Cedano and Ramos Castillo orchestrated a sophisticated operation, obtaining stolen identities and account information of Comcast and Charter customers from a source in the Dominican Republic. They entered Comcast Xfinity and Charter Spectrum retail stores across the country, presenting fabricated photo identifications bearing their photos but the customers' information. They used the customers' personal identifying information and accounts to sign up for mobile service in unsuspecting customers' names and obtain smartphones and related devices on credit. The customers would first learn about the fraudulent charges when they received their monthly bill long after the devices had left the stores and had been shipped overseas for resale.
Law enforcement identified over 560 mobile devices stolen through this multi-state scheme, amounting to actual losses of $593,363.83. The fraudulent transactions involving Herrera Cedano and Ramos Castillo were identified through store surveillance video, along with financial, phone, and sales transaction records. Comcast and Charter eliminated the charges against the individual accounts, ensuring that the victims suffering the financial loss were strictly the corporations.
"Identity theft and other financial frauds are serious crimes that can have a devastating and long-lasting impact on victims," said U.S. Attorney Romero. "Our office and law enforcement partners are committed to stopping fraud scams and punishing those responsible and protecting the financial well-being of the American public."
"A priority investigative focus of Homeland Security Investigations (HSI) is the identification and investigation of financial fraud," said Acting Special Agent in Charge of HSI Philadelphia Sara C. Bay. “Together with our partner agencies and the U.S. Attorney's Office for the Eastern District of Pennsylvania, we continue to have great success in dismantling these criminal organizations and safeguarding the financial safety of the American public."
The case was investigated by Homeland Security Investigations – Harrisburg/York. The case was prosecuted by Assistant United States Attorney Samuel S. Dalke.
Food Suppliers to Pay $395,000 to Resolve Claims of Mislabeled Inspection Dates on Frozen Beef Patties Sold to Federal PrisonsRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that four related food supply companies will pay $395,000 to resolve claims that frozen ground beef patties they supplied to the Federal Bureau of Prisons (the BOP) were misleadingly labeled.
The United States contends that, in early 2020, the companies — Prime Food Sales, Inc. of Port Washington, N.Y., Prime Food Sales LLC of Dresher, Pennsylvania, JTP Sales, LLC of Atlanta, Georgia, and JW Sales & Distribution, LLC of Dresher, Pennsylvania — sold 190,000 pounds of the patties to the BOP for distribution to federal prisons nationwide. Though the supply contract with the BOP required that the patties be no more than 6 months old when delivered, re-inspection labels on the product packaging created the false appearance that the patties were younger than six months old at delivery when they were actually older. This non-compliance with the contract’s terms resulted in the companies making false payment claims to the BOP.
The U.S. Attorney’s Office coordinated its investigation with the U.S. Department of Justice’s Office of the Inspector General (DOJ-OIG), which began investigating after the U.S. Department of Agriculture’s Food Safety and Inspection Service detained some of the patties in February 2020. The government’s investigation concluded that, although product labeling misrepresented inspection dates and the patties’ age, product quality and safety were unaffected.
“When supplying food to federal agencies, federal contractors are in a position of public trust and must adhere to contract specifications, especially those like product-age requirements that may impact food safety or quality,” said U.S. Attorney Romero. “Today’s resolution should send a message to firms supplying food to the Federal Bureau of Prisons and other federal agencies that we will hold these contractors responsible for violations of law, including when they present claims for payment while disregarding contract terms. We will continue to work with law enforcement partners to identify federal contractors and subcontractors who risk the health or safety of consumers and to hold them accountable.”
“Contractors that are selected and paid by the government to supply food to inmates are expected to comply with contractual and other standards. When they provide mislabeled products, as the companies allegedly did here, the government is deprived of what it bargained for and the health and safety of inmates is potentially placed at risk,” said Andrew B. Hartwell, Special Agent in Charge of DOJ OIG’s Fraud Detection Office. “The DOJ OIG is committed to rooting out this type of contract fraud.”
The settlement resolves civil claims under the False Claims Act that are allegations only. There has been no determination of liability, and the companies did not admit liability. They generally cooperated with the U.S. Attorney’s Office’s investigation.
The matter was handled in the U.S. Attorney’s Office by Assistant U.S. Attorney Gerald B. Sullivan and Auditor Dawn Wiggins, with support from the Department of Justice Office of Inspector General and the U.S. Department of Agriculture Food Safety and Inspection Service.
The Department of Justice’s investigation was part of its enforcement focus on combatting federal procurement fraud. The False Claims Act is one of the most powerful tools in this enforcement effort. Although there was no whistleblower in this matter, the False Claims Act includes whistleblower provisions allowing a private party to file an action on behalf of the United States and to receive a portion of any recovery. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement in connection with Federal Bureau of Prison contracts or against other Department of Justice components can be reported at https://oig.justice.gov/hotline.
Domino’s Pizza Franchisee Sentenced to a Year and a Day in Prison, Ordered to Pay $2.5 Million to IRS for Tax CrimesRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Ammar Jali, 56, of Bethlehem, PA, was sentenced today by United States District Judge Joshua D. Wolson to 12 months and one day in prison, one year of supervised release, and a $50,000 fine, and ordered to pay $2.5 million to the Internal Revenue Service for filing false tax returns.
The defendant was the sole shareholder of 36 Domino’s Pizza restaurants located throughout Pennsylvania and Ohio. On January 29, 2024, Jali pleaded guilty to filing a false tax return for his businesses and himself.
From 2014 to 2016, Jali underreported the gross receipts for his Domino’s stores by $10,000,000 and caused his accountant to file false tax returns. Accordingly, Jali caused over $2.5 million of tax loss to the federal government.
“Owning your own business often requires taking some risks,” said U.S. Attorney Romero. “But in underreporting his restaurants’ earnings by millions and millions of dollars, Mr. Jali went beyond risk-taking straight to law-breaking. In doing so, he was effectively thumbing his nose at both the IRS and all the honest filers who accurately report their income and pay what they owe. This case should send the message that my office and IRS-CI won’t put up with tax cheats, and we will pursue and prosecute these crimes to ensure they’re held accountable.”
“Anyone contemplating cheating on their taxes should know that IRS Criminal Investigation Special Agents work tirelessly, year-round, to investigate tax and financial crimes,” said IRS Criminal Investigation Acting Special Agent in Charge Denise Leuenberger. “Our largest enforcement program is directed at the portion of American taxpayers who willfully and intentionally violate their known legal duty of filing and paying their taxes.”
The case was investigated by the Internal Revenue Service Criminal Investigation and prosecuted by Assistant United States Attorney Tiwana Wright.
Former Montgomery County Restaurant Owner Charged with PPP and RRF Loan FraudRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Giuseppina “Josephine” Leone, 61, of North Wales, PA, was charged by indictment with three counts of wire fraud for making false representations in documents relating to the Paycheck Protection Program (“PPP”) and Restaurant Revitalization Fund (“RRF”) program, which provided emergency financial assistance to business owners suffering the economic effects of the COVID-19 pandemic.
The indictment alleges that Leone and her husband were owners of Ristorante San Marco (“RSM”), an Italian restaurant located in Ambler, PA. Leone and her husband executed an Agreement for Sale of Real Property dated October 20, 2019, listing themselves as the “Sellers” of the RSM property and a third party as the “Buyer” for a purchase price of $1,575,000. Subsequently, on or about March 18, 2020, Leone posted on the restaurant’s Facebook page informing the public that RSM would be temporarily closed due to the COVID-19 pandemic. RSM remained closed and never reopened.
The indictment further alleges that despite the restaurant not being in operation in April 2020, Leone submitted a fraudulent application for a PPP loan in the amount of $138,000. This application misrepresented that RSM, which had been closed for approximately a month, had 17 employees, and would use the loan for payroll and other operating expenses. The fraudulent application was approved, and the loan funds were deposited into RSM’s bank account later that month. The loan was subsequently forgiven based on further misrepresentations by Leone.
In January 2021, while the restaurant was still not in operation, Leone submitted another fraudulent application for a PPP loan, this time seeking $120,000. The application made similar misrepresentations and was approved, resulting in the requested funds being deposited into RSM’s bank account in February 2021. Again, the PPP loan was forgiven due to misrepresentations by Leone.
Finally, Leone defrauded another COVID-19 relief program. While RSM was still not in operation in May 2021, Leone submitted a fraudulent application for a grant under the RRF program, requesting $699,196 for restaurant operations. This RRF application mispresented that RSM , which had not been operating since March 2020, was in operation and that the money would be used to pay employee wages. As a result of this deception, the request was approved, and the funds were deposited into RSM’s bank account later in May 2021. One month later, in June 2021, Leone closed on the sale of RSM. Nonetheless, over a year later, Leone misrepresented to the federal government that the RRF funds had been used for eligible purposes, even though RSM was never reopened by Leone.
If convicted, the defendant faces a maximum possible sentence of 20 years in prison for each count and a total fine of $750,000. The defendant will also be required to forfeit all proceeds received as a result of the alleged fraud, including, but not limited to, the sum of $957,196.
The case was investigated by the Small Business Administration Office of Inspector General, the Federal Bureau of Investigation, and Homeland Security Investigations, and is being prosecuted by Assistant United States Attorney Angella Middleton.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
City Man Who Shot at People on South Philadelphia Street Sentenced to 12 Years in Prison for Firearms ViolationRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Kalief Ladson, 29, of Philadelphia, PA, was sentenced by Senior United States District Court Judge Michael M. Baylson to 144 months’ imprisonment and three years of supervised release for possession of ammunition by a felon.
On the morning of January 23, 2023, at approximately 11:45 a.m., Ladson and one other person parked their car in the area of 2100 S. 8th Street in South Philadelphia. The two walked around the corner and Ladson produced a semiautomatic firearm with an extended magazine. Ladson fired at least 17 shots at a group of men standing on a nearby corner as he ran up the sidewalk. Innocent bystanders out on the street that morning began to flee and hide as Ladson fired at his intended targets. He then fled on foot back to his car and drove off.
The shooting was captured on surveillance video and recovered by Philadelphia Police Department investigators. After reviewing the footage, witnesses were able to identify Ladson from the video. A Philadelphia Police Department ballistician determined that all of the fired cartridge casings recovered from where Ladson could be seen shooting had been fired from the same gun.
On April 13, 2023, a grand jury returned an indictment charging Ladson with one count of possession of ammunition by a felon. On November 8, 2023, Ladson proceeded to trial and a jury found him guilty on November 9, 2023.
“Firing a fusillade of shots at people on a busy Philly street — in broad daylight — is beyond reckless,” said U.S. Attorney Romero. “This easily could have turned into a mass tragedy. Kalief Ladson has proven he’s too dangerous to walk free right now. He’s got the next 12 years behind bars to think about what he’s done and how lucky he was not to kill anybody. In the meantime, we and our partners will continue to go after these violent offenders determined to wreak havoc in our city.”
“ATF is committed to working with our partners to prevent such violent crimes,” said Eric J. DeGree, Special Agent in Charge of the ATF Philadelphia Field Division. “Ladson’s reckless behavior put his community at grave risk.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Philadelphia Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant United States Attorneys Martin E. Howley, Jr. and Thomas M. Zaleski.
U.S. Attorney Romero Recognizes Police Week, Speaking at Federal Wreath-Laying Ceremony and Co-Hosting Trauma Training Session for Law EnforcementRead the Press Release
PHILADELPHIA — In honor of National Police Week, U.S. Attorney Jacqueline C. Romero is recognizing the service and sacrifice of federal, state, local, and Tribal law enforcement.
This year, National Police Week runs from Saturday, May 11, through Friday, May 17, with today, May 15, designated as Peace Officers Memorial Day.
On Tuesday, May 14, U.S. Attorney Romero attended and spoke at a wreath-laying ceremony where federal partners honored fallen law enforcement officers. Today, her office is co-hosting a webinar for law enforcement professionals on preventing and navigating secondary traumatic stress, which can result from difficult situations frequently encountered on the job.
“Working as a sworn law enforcement officer means stepping up, and showing up, in situations that often walk a tightrope between difficult and dangerous. It means constantly facing the unknown, and putting your life on the line for the public good,” said U.S. Attorney Romero. “Our nation’s fallen officers, who chose to pursue public service at almost unbearable cost, deserve our eternal remembrance and wholehearted thanks.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe.
“As our country recognizes National Police Week, the Justice Department joins families and communities in remembering the members of the law enforcement community who made the ultimate sacrifice protecting the public,” said Attorney General Merrick Garland. “Policing is difficult and dangerous, yet time and time again, law enforcement officers answer the call, showing up for their communities when they are needed the most. Their devotion to duty is matched only by that of their loved ones who make daily sacrifices to support them. The Justice Department is committed to doing everything in our power to help provide our law enforcement partners with the resources they need to carry out their noble work on behalf of the public.”
On Monday, May 13, the names of more than 280 officers killed in the line of duty in 2024 who have been added to the wall at the National Law Enforcement Officers Memorial were read during a Candlelight Vigil. To view a recording of the livestream of this event, visit https://nleomf.org/memorial/programs/national-police-week-2024/candlelight-vigil/.
To learn more about National Police Week and the virtual candlelight vigil, please visit www.policeweek.org.
Former Chester Housing Authority Director of Public Housing, His Chief Assistant, and Contractor Sentenced for Bribery and Fraud SchemesRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Norman D. Wise, 58, of Mullica Hill, NJ, Douglas E. Daniel, 65, of Philadelphia, PA, and Leonard F. Coleman, 54, of Paulsboro, NJ, were sentenced this week by United States District Court Judge Wendy Beetlestone on bribery and fraud charges related to two schemes: (1) a bribery scheme in which Coleman paid off Wise and Daniel in exchange for contracting work awarded to Coleman at the Chester Housing Authority (“CHA”); and (2) a fraud scheme in which Wise and Daniel created a contracting company that they used to fraudulently bill the CHA and obtain hundreds of thousands of dollars in proceeds.
During the time they engaged in these offenses, Wise was the Director of Public Housing for the Chester Housing Authority and Daniel was the Housing Program Manager and Wise’s chief assistant.
The defendants were charged by information in connection with the schemes on August 29, 2023.
Wise pleaded guilty in September 2023 to theft from an organization receiving federal funds and wire fraud, and was sentenced on Monday to 37 months’ imprisonment, one year of supervised release, and $544,967 in restitution.
Daniel pleaded guilty in September 2023 to bribery concerning federal programs, theft from an organization receiving federal funds and aiding and abetting, and wire fraud, and was sentenced on Tuesday to 13 months and one day of imprisonment, three years of supervised release, and $544,967 in restitution.
Coleman pleaded guilty in October 2023 to bribery concerning federal programs and was sentenced Tuesday to one week in prison, three years of supervised release, and $68,502 in restitution.
“These defendants lined their pockets at the expense of an agency tasked with the critically important mission of providing affordable housing — an agency dealing with already-limited resources,” said U.S. Attorney Romero. “They not only compromised CHA’s efficacy and reputation out of sheer greed, they betrayed the public’s trust. My office and our partners will continue to bring such corruption to light and those responsible to justice.”
“These sentencings send the message that corruption will not be tolerated in our cities,” said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. “The FBI and our partners will continue to vigorously pursue those who seek to exploit the systems meant to aid our community and our citizens, and bring them to justice.”
“The fraud committed by the defendants as part of these schemes diverted federal funds that were intended to provide safe housing for low-income families,” said Special Agent in Charge Vicky Vazquez with the U.S. Department of Housing and Urban Development, Office of Inspector General. “HUD OIG will continue to work with the U.S. Attorney’s Office and our law enforcement partners to diligently pursue and hold accountable bad actors who willfully abuse federal assets.”
The case was investigated by the Federal Bureau of Investigation and the U.S. Department of Housing and Urban Development, Office of Inspector General and prosecuted by Assistant United States Attorney Louis D. Lappen.
Nigerian Man Sentenced to Four Years in Prison for His Role in $1.1 Million Business Email Compromise SchemeRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Victor Uzor, 36, a Nigerian national, was sentenced today by United States District Court Judge Kelley Brisbon Hodge to 48 months’ imprisonment, three years of supervised release, and more than $1 million in restitution for his role in a $1.1 million business email compromise scheme.
On January 2, 2024, the defendant pleaded guilty to one count each of conspiracy to commit wire fraud, wire fraud, and aggravated identity theft.
The scheme typically involved another member of the conspiracy pretending to be a legitimate vendor and emailing a false invoice to the victim organization. Uzor’s role in the offense was to open a series of bank accounts using the identity of real people, who had no connection to the crime. Another conspirator arranged for the victims to send money to the accounts opened by Uzor. Uzor then quickly withdrew these funds and moved them to other accounts before the scam could be discovered.
In total, Uzor helped to steal approximately $1.1 million from the victim businesses and individuals, and unsuccessfully attempted to steal another $400,000. Among the scheme’s victims was a nonprofit provider of mental health care located in Doylestown, PA.
“First, Victor Uzor victimized the people whose identities he stole to facilitate this scheme,” said U.S. Attorney Romero. “Then he helped prey upon the primary targets of the business email compromise, including a nonprofit organization in Bucks County dedicated to providing behavioral health care for the underprivileged and underserved — a safety net for those in need of care. In stealing from this provider, he shortchanged its employees, patients, and the community. My office is committed to holding accountable anyone involved in such a clear-cut case of fraud.”
"The FBI works each and everyday to dismantle fraud schemes that affect our citizens," said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. "Alongside our partners, we will continue to bring to justice criminals who orchestrate these scams, and protect the hard-earned assets of our citizens."
The case was investigated by the FBI and prosecuted by Assistant United States Attorney Robert J. Livermore.
Five Charged in 2006 Cold-Case Kidnapping and Murder of Philadelphia ManRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that five Philadelphia men — Kevin Holloway, 45; Mark Scott, 48; Linton Mathis, 50; Atiba Wicker, 47; and Kenneth Tuck, 51 — were arrested and charged by indictment with conspiracy to commit kidnapping resulting in death, kidnapping resulting in death, and aiding and abetting.
The indictment alleges that on the evening of August 26, 2006, Shamari Taylor, a 38-year-old Philadelphia native, and his then-21-year-old girlfriend, were kidnapped from West Philadelphia by several men who were impersonating police officers. Taylor’s girlfriend was released by her captors several hours later, but Taylor remained missing until August 21, 2018, when law enforcement recovered his remains in a shallow grave in North Philadelphia. The ensuing investigation revealed that in the summer of 2006, at least nine men conspired to rob Taylor of cocaine and drug proceeds, and, in doing so, some of them disguised themselves as police officers while using fake badges, police lights, and firearms.
Law enforcement established that, as part of the conspiracy, Taylor and his girlfriend were abducted and transported to a warehouse in North Philadelphia where Taylor was interrogated and tortured, in an effort to ascertain where he stored additional cocaine and money. Taylor was then suffocated to death and his body was discarded in Fairmount Park. Several days later, four of the kidnappers moved Taylor’s body, burying him in a vacant lot in North Philadelphia that has since become the parking lot of a charter high school. On the day after the abduction, Taylor’s family home in West Philadelphia was ransacked by two armed men who shot Taylor’s mother and sister in their heads; both women survived.
In September 2006, Kenneth Tuck was arrested and charged locally in Philadelphia County in connection with the kidnapping. In 2008, after two trials, Tuck was acquitted of all charges in Philadelphia County. During that period, no one else was charged in connection with the kidnapping or death of Taylor.
The investigation revealed that Tuck was recruited to join the conspiracy plot to kidnap and rob Taylor while posing as a police officer, and that Kevin Holloway and his drug-dealing associates, Mark Scott and Linton Mathis, participated in the kidnapping and murdered Taylor in the warehouse after torturing him. The investigation further revealed that Taylor’s friend, Atiba Wicker, and another acquaintance helped plan the crime, in part, by luring Taylor to the abduction site on August 26, 2006. Finally, the investigation revealed that Tuck’s family member bribed a witness who testified at Tuck’s state trial in 2007, and that witness along with other witnesses provided false testimony supporting Tuck’s alibi for the evening Taylor was abducted.
“Anyone who commits a heinous crime and is still walking free years later might just assume they’ve gotten away with it,” said U.S. Attorney Romero. “Well, they should think again. We and our law enforcement partners will doggedly pursue justice for victims of violence and accountability for the perpetrators — no matter how long it may take.”
"Although the criminal acts alleged here today occurred nearly 18 years ago, the work of our office has not ceased," said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. "The FBI and our law enforcement partners will continue to pursue justice for victims of violent crime in our community."
“Today's charges are the culmination of years of relentless pursuit of justice for Shamari Taylor and his loved ones,” said Philadelphia Police Commissioner Kevin Bethel. “The nature of this crime, with its elaborate planning, impersonation of law enforcement, and brutal execution, underscores the commitment of law enforcement to bring closure to cold cases and hold those responsible fully accountable. Our communities deserve nothing less. I commend the collaborative efforts of the Federal Bureau of Investigation, the Drug Enforcement Administration, and Pennsylvania Department of Corrections, as well as the unwavering dedication of the Philadelphia Police Department, in bringing these alleged perpetrators to justice. This case exemplifies the power of cooperation among law enforcement agencies at all levels to solve complex crimes and deliver justice for the victims and their families. We will not rest until justice is served.”
“These arrests result in the charges brought against the defendants for the death and kidnapping of Shamari Taylor,” stated Special Agent in Charge Cheryl Ortiz of the DEA New Jersey Field Division. “The DEA and our law enforcement partners remain committed to making sure those responsible for these types of violent crimes face the consequences for their actions and are brought to justice.”
"We will continue to work closely and build on our strong relationships with our federal, state and local law enforcement partners to maintain public safety and focus our efforts on identifying, investigating, and disrupting individuals who are engaging in criminal activity," said Dr. Laurel R. Harry, Secretary of the Pennsylvania Department of Corrections. "I want to thank our state parole agents who worked on this case for so long; their determination and long hours hasn’t gone unnoticed."
If convicted, the defendants face a maximum possible sentence of mandatory life imprisonment.
The case was investigated by the Federal Bureau of Investigation, the Philadelphia Police Department, the Drug Enforcement Administration, and the Pennsylvania Department of Corrections, and is being prosecuted by Assistant United States Attorneys Justin Ashenfelter and Jason Grenell.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Montgomery County Woman Charged for Defrauding FEMA of over $1.5 Million of Hurricane Ida Disaster BenefitsRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Jasmine Williams, 33, of Montgomery County, Pennsylvania, was arrested today after being charged by indictment with one count of fraud related to a major disaster declaration, 24 counts of wire fraud, and seven counts of mail fraud related to a scheme to defraud the Federal Emergency Management Agency (“FEMA”) in the wake of Hurricane Ida.
The indictment recounts that in September 2021, President Joseph R. Biden issued a major disaster declaration for much of the eastern part of Pennsylvania, after the remnants of Hurricane Ida struck the Commonwealth. This declaration authorized FEMA to provide financial assistance to residents whose homes and properties were damaged by the hurricane.
The indictment alleges that after the emergency declaration, Williams recruited others over social media, advertising that she could assist them in applying for FEMA benefits. Williams then submitted fraudulent documents to FEMA on behalf of dozens of others, including fraudulent leases, letters from landlords, utility bills, earning statements, and home repair estimates. In exchange, Williams collected half of the payout for herself. In total, FEMA paid over $1,500,000 in assistance based on false representations made by Williams.
If convicted, the defendant faces a maximum possible sentence of 960 years of imprisonment.
The case was investigated by the Department of Homeland Security – Office of Inspector General with assistance from the Federal Emergency Management Agency – Fraud Prevention and Investigations and is being prosecuted by Assistant United States Attorneys Ruth Mandelbaum and S. Chandler Harris.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Looking Back on Second Chance Month 2024 and a Year of Reentry InitiativesRead the Press Release
Every April, National Reentry Week and Second Chance Month highlight the importance of safe and successful reintegration into society for the approximately 650,000 people released from prisons in the United States each year.
As these annual observances draw to a close, the U.S. Attorney’s Office for the Eastern District of Pennsylvania is looking back on the Office’s reentry initiatives during the month of April and throughout the past year.
Notably, reentry has been an integral part of the U.S. Attorney's Office’s mission and a key piece of its community engagement in the Eastern District of Pennsylvania for almost two decades. Supporting people throughout their reentry process and raising awareness in the community about that process are part of our comprehensive strategy to help prevent recidivism, combat crime, and address the larger societal issues that contribute to crime.
Key components of our reentry program include:
The Reentry Simulation Initiative
In April 2023, the USAO-EDPA launched its Reentry Simulation Initiative. Inspired by the stories of returning citizens, the office started hosting Reentry Simulations to teach the public about the barriers that so many of our community members face as they return home from incarceration.
A Reentry Simulation is a two-hour activity that lets participants walk in the shoes of someone just released from prison, providing them with tasks to complete within a certain amount of time. The exercise is divided into four 15-minute segments, representing the first four weeks for someone returning home.
Over the past year, since the launch of our office’s Reentry Simulation Initiative, we have hosted 18 simulations. Participants in these simulations have included law enforcement, college students, high school students, service providers, and incarcerated individuals.
During Second Chance Month 2024 alone, we co-hosted five simulations across the state, reaching over 360 people, in partnership with Elizabethtown College; Springside Chestnut Hill Academy; PAR-Recycle Works and Eastern State Penitentiary; the U.S. Attorney’s Office for the Middle District of Pennsylvania, Dickinson College, and the Cumberland County Reentry Coalition; the Third Circuit Court of Appeals Reentry Courts Summit; and the Philadelphia Bar Association.
Ultimately, EDPA’s goal with the Reentry Simulations is to encourage people to think deeply about the American criminal justice system, to change perceptions about returning citizens and the criminal justice system, and to deepen empathy.
Reentry Coalitions
We are also part of seven reentry coalitions across the state of Pennsylvania. Reentry coalitions, dedicated to ensuring the long-term success of those exiting prison, have the power to facilitate important systems change, positively affect the lives of returning citizens, and keep our communities safe.
Just last week, we participated in the Lehigh County Reentry Coalition’s first-ever Celebration of Second Chances, at which the coalition launched its strategic plan, and honored individuals who have returned home from prison and made exceptional contributions to their communities.
Additionally, this month, for the first time ever, our office hosted a webinar in partnership with DOJ’s Office of Justice Programs called "Bridging Federal Resources to the Community." This webinar was designed to help community-based organizations and state and local agencies navigate the federal funding landscape, empowering their organizations to access and secure the resources needed to support community initiatives. Numerous reentry coalitions and reentry organizations were invited and participated.
Federal Problem-Solving Courts
Most importantly, our office continues to play a key role in serving returning citizens in the Eastern District’s federal problem-solving courts, developing resources and assisting participants, so that they have the tools and support they need as they’re returning home.
After 17 years, our district’s federal reentry court, Supervision to Aid Reentry, continues to thrive. Since the program’s inception, only 14% of our 471 participants have been rearrested or had their supervision revoked. By reducing revocations and imprisonment, the reentry program saves taxpayers significantly, based on an estimated annual cost of imprisonment of $42,672 per person.
More important than the financial benefits, though, is the positive impact on communities. The problem-solving courts help set formerly incarcerated people on a more positive path, creating a ripple effect that can change not just their lives, but the lives of their families, friends, and entire communities.
Our program has been made even more effective through the relationships we’ve cultivated with individuals and organizations in our community, which help us provide more resources and services to program participants than we could do alone. In addition to community members, these partnerships extend to other government agencies, including a long-standing relationship with the Philadelphia Housing Authority to provide housing vouchers to program participants, as well as the Bureau of Prisons and halfway houses, with whom we work to facilitate as smooth a transition as possible after incarceration.
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“Today, over 70 million Americans have criminal records. 95% of incarcerated people will eventually be released from prison, and close to 70% will reoffend and end up back in prison,” said U.S. Attorney Jacqueline C. Romero. “People returning home from prison are our neighbors, they’re members of our families and communities, so reentry must be everyone’s concern. The successful reentry of returning citizens is crucial not only for their individual success and well-being, but also for the safety and stability of our communities.”
We observe National Reentry Week and Second Chance Month as a reminder of the importance of this work in creating safer communities across the Eastern District of Pennsylvania. Reentry efforts don’t begin or end in April, though – they continue year-round. We thank those who do this difficult work and encourage them to continue engaging with reentry and improving the process for currently and formerly incarcerated people.
Former Defense Contractor Pleads Guilty to Attempted EspionageRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that John Murray Rowe, Jr., 65, of Lead, South Dakota, pleaded guilty in federal court today before U.S. District Judge John Gallagher to one count of attempted delivery of national defense information to a foreign government, and three counts of willful communication of national defense information.
According to court documents, Rowe, who is originally from Massachusetts, was employed for nearly 40 years as a test engineer for multiple Cleared Defense Contractors. In connection with his employment, Rowe held various national security clearances from SECRET to TOP SECRET//SCI (Sensitive Compartmented Information) and worked on matters relating to U.S. Air Force electronic warfare technology, among other things. After committing a number of security violations and revealing a devout interest in Russian affairs, Rowe was identified as a potential insider threat and terminated from employment.
In March of 2020, he met with an undercover FBI agent who was posing as an agent of the Russian government. During this meeting, Rowe disclosed national defense information classified as SECRET that concerned specific operating details of the electronic countermeasure systems used by U.S. military fighter jets, among other things. Over the course of the next eight months, Rowe exchanged over 300 emails with the purported Russian agent, confirming his willingness to work for the Russian government and discussing his knowledge of classified information relating to U.S. national security. In one email, Rowe explained, “If I can’t get a job here then I’ll go work for the other team.” In another email, Rowe disclosed classified national defense information concerning the U.S. Air Force. In September 2020, Rowe had a second in-person meeting with the undercover FBI agent. During this meeting, Rowe again disclosed classified national defense information.
Rowe was arrested on December 15, 2021, and was ordered detained pending trial. During his pretrial detention at the Philadelphia Federal Detention Center, Rowe made at least three unauthorized disclosures of the same classified national defense information concerning the U.S. Air Force to individuals not authorized to receive it – namely, his brother, son and realtor, which were captured on recorded prison calls.
“It’s abhorrent that Rowe would try to betray his own country for the benefit of a foreign adversary,” said U.S. Attorney Romero. “Safeguarding the U.S. government’s sensitive defense information is critical to ensuring our national security, and anyone seeking to compromise that should expect to be brought to justice by my office and our law enforcement partners.”
“After nearly 40 years working in the defense industry and being entrusted with our country's military secrets, today, John Murray Rowe Jr. admitted to unlawfully disclosing classified national defense information,” said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. “Furthermore, his intent to provide this information to a foreign adversary potentially endangered our national security. The FBI and our law enforcement partners remain committed to bringing to justice those who choose to threaten our nation’s security by disseminating classified information.”
Sentencing is set for August 22, 2024. The defendant faces a maximum possible sentence of life imprisonment.
The case was investigated by the FBI’s Philadelphia Field Office and is being prosecuted by Assistant United States Attorney Sarah Wolfe and DOJ Trial Attorney Scott Claffee of the National Security Division’s Counterintelligence and Export Section.
Additional assistance was provided by the Lead (SD) Police Department, the U.S. Attorney’s Office for the District of South Dakota, the U.S. Air Force Office of Special Investigations, the Defense Counterintelligence and Security Agency, and the FBI’s Minneapolis Field Office and Rapid City (SD) Resident Agency.
Former Defense Contractor Pleads Guilty to Attempted EspionageRead the Press Release
John Murray Rowe Jr., 65, of Lead, South Dakota, pleaded guilty today to one count of attempted delivery of national defense information to a foreign government and three counts of willful communication of national defense information.
According to court documents, Rowe, who is originally from Massachusetts, was employed for nearly 40 years as a test engineer for multiple cleared defense contractors. In connection with his employment, Rowe held various national security clearances from SECRET to TOP SECRET//SCI (Sensitive Compartmented Information) and worked on matters relating to U.S. Air Force electronic warfare technology, among other things. After committing a number of security violations and revealing a devout interest in Russian affairs, Rowe was identified as a potential insider threat and terminated from employment.
In March 2020, he met with an undercover FBI agent who was posing as an agent of the Russian government. During this meeting, Rowe disclosed national defense information classified as SECRET that concerned specific operating details of the electronic countermeasure systems used by U.S. military fighter jets, among other things. Over the course of the next eight months, Rowe exchanged over 300 emails with the purported Russian agent, confirming his willingness to work for the Russian government and discussing his knowledge of classified information relating to U.S. national security. In one email, Rowe explained, “If I can’t get a job here then I’ll go work for the other team.” In another email, Rowe disclosed classified national defense information concerning the U.S. Air Force. In September 2020, Rowe had a second in-person meeting with the undercover FBI agent. During this meeting, Rowe again disclosed classified national defense information.
Rowe was arrested on Dec. 15, 2021, and was ordered detained pending trial. During his pretrial detention at the Philadelphia Federal Detention Center, Rowe made at least three unauthorized disclosures of the same classified national defense information concerning the U.S. Air Force to individuals not authorized to receive it – namely, his brother, son and realtor, which were captured on recorded prison calls.
Sentencing is set for Aug. 22, and Rowe faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI's Philadelphia Field Office is investigating the case.
Assistant U.S. Attorney Sarah Wolfe for the Eastern District of Pennsylvania and Trial Attorney Scott Claffee of the National Security Division’s Counterintelligence and Export Section are prosecuting the case.
Additional assistance was provided by the Lead (SD) Police Department, the U.S. Attorney’s Office for the District of South Dakota, the U.S. Air Force Office of Special Investigations, the Defense Counterintelligence and Security Agency, and the FBI’s Minneapolis Field Office and Rapid City (SD) Resident Agency.
Former Bank Employee Charged with Stealing and Selling Customer Account and Identity InformationRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Kalien Frazier, 29, of Oakland, California, was charged today by indictment with six counts of wire fraud and one count of aggravated identity theft for a bank insider scheme, in which he used his position as a bank employee to access, misappropriate, and sell bank customer account and identity information.
As alleged in the indictment, from on or about March 30, 2022, until on or about August 30, 2023, Frazier used his position as a customer service representative at a Federal Deposit Insurance Corporation (FDIC)-insured bank to obtain the account details, debit card details, card verification value (CVV), and personal identifying information of customers. Frazier would ask for this information from customers, even if not required to complete the customer service request, while on recorded customer service calls. After Frazier had obtained this information, he advertised in group chats that he had bank account information for sale due to his position at a financial institution. When advertising the information for sale, Frazier warned potential customers that they would have to stay under certain monetary thresholds to avoid detection.
As alleged in the indictment, Frazier sold or transferred information on hundreds of bank accounts to third parties. As a result of Frazier’s scheme, unauthorized electronic payments and transfers were made from hundreds of bank accounts.
If convicted on all counts, Frazier faces a possible maximum sentence of 120 years in prison for the wire fraud, plus a mandatory minimum sentence of two years for aggravated identity theft.
This case was investigated by the Federal Deposit Insurance Corporation (FDIC) – Office of Inspector General. The case is being prosecuted by Assistant United States Attorney Timothy Lanni.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Man Sentenced to 90 Months of Incarceration for Trafficking Three Firearms and Unlawfully Possessing a FourthRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Aaron Douglas, 31, of Philadelphia, PA, was sentenced today by United States District Judge Mark A. Kearney to 90 months’ imprisonment, followed by three years of supervised release, for illegally distributing three firearms and unlawful possession of a firearm by a felon.
Between January 12, 2023, and April 10, 2023, Douglas illegally obtained and sold three semi-automatic handguns in Philadelphia, trafficking a 9mm Smith & Wesson Model SW9VE firearm, a 9mm Beretta Model APX firearm, and a 9mm Glock Model 47 firearm. The FBI subsequently executed a search warrant at the defendant’s North Philadelphia residence and discovered that he unlawfully possessed a fourth firearm – a .45 caliber Glock Model 30 semi-automatic pistol – that he wasn’t permitted to have due to his previous conviction in 2015 for illegally possessing a firearm.
“Every illegal gun taken off the street is a small victory in our fight against violent crime,” said U.S. Attorney Romero. “Aaron Douglas, and others who illicitly traffic firearms, have no regard for the damage they’re doing to our communities. My office and our partners will continue to target the illegal gun trade in our investigations and prosecutions, reducing gun violence and hopefully saving lives in the process.”
“Today’s sentencing is one more step toward keeping illegally bought and resold weapons off the streets,” said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. “This case illustrates our enduring commitment to making our neighborhoods safer for the communities we serve.”
“This case is another example of our cooperation with our law enforcement partners to keep guns out of the hands of felons and dangerous criminals,” said Eric DeGree, Special Agent in Charge of the ATF Philadelphia Field Division. “Gun trafficking puts our communities at risk. It is also a federal offense that can land you in prison for years.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant United States Attorney Michael R. Miller.
Philadelphia Man Who Orchestrated the Straw Purchase and Resale of over 60 Guns Is Sentenced to 10 Years in PrisonRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Mister Tyrell Taylor, 29, of Philadelphia, PA, was sentenced today by United States District Court Judge Gerald J. Pappert to 120 months’ imprisonment, three years of supervised release, and a $2,800 special assessment, for directing people to straw purchase guns and then reselling those weapons on the streets of Philadelphia.
Taylor and his co-conspirators illegally purchased well over 60 firearms in less than six months from gun stores in the Philadelphia area. More than 20 of those firearms were recovered after being used in crimes, including at least nine guns that were used in shootings. Some of the guns were converted to fully automatic firing, some had large-capacity magazines, and some had obliterated serial numbers.
On June 20, 2023, Taylor was charged in a 28-count indictment with conspiracy and aiding and abetting false statements to a federal firearms licensee. On November 2, 2023, the defendant pleaded guilty to all charges against him.
“Philadelphia is already awash in illegal guns and Taylor flooded the streets with over 60 more,” said U.S. Attorney Romero. “We know that many of these weapons were sold to convicted felons who weren’t allowed to have them, and a number were used in violent crimes. The straw-purchasing and trafficking of firearms like this directly contributes to our city’s gun violence crisis and its ever-growing list of victims. I hope that Taylor’s lengthy sentence sends a message that these are very serious crimes, and their perpetrators will be held fully accountable.”
“As this case vividly demonstrates, trafficking firearms puts guns in the hands of dangerous criminals,” said Eric J. DeGree, Special Agent in Charge of the ATF’s Philadelphia Field Division. “Too often we find that the guns used in shootings and recovered in crime scenes were illegally obtained through straw purchases. Buying a gun for someone who isn’t allowed to have one puts your neighbors, friends, and families at risk. It is also a federal offense that can land you in prison for years.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Special Assistant United States Attorney Alexander B. Bowerman and Assistant United States Attorney Justin Oshana.
Philadelphia Man Convicted at Trial for Committing and Conspiring to Commit Violent Home Invasions Targeting Business Owners and Their FamiliesRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Shaquan Brown, 29, of Philadelphia, PA, was convicted Monday by a federal jury in connection with conspiracy to commit armed home invasion robberies targeting the businesses and attached residences of their owners, as well as robbery affecting interstate commerce and attempted robbery affecting interstate commerce, using and brandishing a firearm during and in relation to a crime of robbery, and possession of a firearm by a felon.
From November 2019 through January 3, 2020, Brown and three co-conspirators conspired to carry out a series of robberies that targeted business owners and another individual that they believed would keep cash in their home. The offenders used zip ties, duct tape, and firearms to commit these crimes. Brown researched his victims and their businesses, using a GPS tracking device to learn where the victims lived. The defendant and his co-conspirators targeted victims they believed kept cash in their homes, including business owners who were Asian and other business owners who dealt in cash.
On the night of December 31, 2019, Brown and two co-conspirators accosted the owner of a nail salon in Delaware County, Pennsylvania, as the owner returned to the business. The offenders forced the victim inside, and repeatedly demanded money, placing zip ties on the owner’s wrists, covering his mouth with duct tape, and striking his face with their fists and a gun. The men took cash from the business, then forced the owner to his residence, where they encountered his wife, their children, and their nanny. The men zip-tied the wife and all of their children, then continued to beat and injure the owner, and demand money. They ransacked the residence while making statements such as “we have been watching you for weeks.”
On the morning of January 3, 2020, Brown and another individual attempted to break into a residence in Chester County, Pennsylvania. The defendant had planned to commit an armed home invasion robbery of the homeowner, who was a business owner, and his family, to steal the owner’s business proceeds. While attempting to enter the victim’s home, the home security alarm system went off, and the police responded within minutes. The defendant led the police on a foot chase through the woods and into a creek, where he was arrested. The police recovered duct tape, zip ties, and a firearm from the defendant’s backpack.
“Home invasion robberies are terrifying for victims, shattering their sense of security where they once felt most safe” U.S. Attorney Romero said. “It’s unconscionable that running a successful business is enough to make you a target for criminals like Shaquan Brown, who prefer taking other people’s money at gunpoint to earning it for themselves. This verdict not only holds Brown accountable for the harm he’s done, it will keep him behind bars for years, so he can’t hurt anyone else.”
“Everyone should feel safe in their home,” said Charles Doerrer, Assistant Special Agent in Charge for the Bureau of Alcohol, Tobacco, Firearms, and Explosives Philadelphia Field Division. “The violence that these families suffered is a serious crime, and this conviction will leave Philadelphia’s neighborhoods and homes safer. ATF is committed to working with our partners to prevent such violent crimes and seek justice for its victims.”
Brown is scheduled to be sentenced on July 30, 2024. He faces a mandatory minimum sentence of 84 months in prison and a statutory maximum of life in prison, and up to five years of supervised release.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the ATF and is being prosecuted by Assistant United States Attorney Anthony Carissimi and Assistant United States Attorney J. Jeanette Kang.
New Jersey Businessman Sentenced to Six Months’ Imprisonment for Tax ViolationsRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Agostino Perna was sentenced by United States District Court Judge Jeffrey L. Schmehl to six months in federal prison and six months of home confinement for tax crimes. Perna was also ordered to pay a $25,000 fine and $455,463 in restitution.
Perna pleaded guilty in 2023, admitting that he assisted in the filing of false corporate tax returns and filed false personal income tax returns, with a total loss to the government of $455,463.
Perna was the co-owner and operator of a business called Life Quest, which sells body parts for medical purposes. In this role, he caused false corporate income tax returns for Life Quest to be filed for tax years 2014 through 2019. These returns did not report substantial amounts of the business’ income. This omission occurred because Perna concealed from both his business partner and Life Quest’s accountant/tax preparer that Perna had been receiving significant gross receipts – totaling $332,157 – from certain Life Quest clients, which he ultimately diverted to himself.
Perna filed false personal income tax returns over the same six-year period. First, he failed to report the over $300,000 of Life Quest customer payments that he diverted for his personal use. Second, he omitted from his tax returns over $250,000 of additional income that he received from other businesses he owned. Perna obtained this income having the businesses reimburse him (as a business expense) for using his personal credit cards to pay business expenses, all while he had those businesses directly pay the credit card bills and deducted the credit card payments again as a business expense. Third, Perna failed to report additional significant amounts of business income of approximately $632,000, and then disguised the distribution of that income to himself by mischaracterizing the income as “loan repayments.” Last, Perna failed to report over $80,000 of rental income that he received from properties that he rented to tenants.
“It’s April 15, a day when many people are rushing to file last-minute returns so they can claim refunds or pay what they owe,” said U.S. Attorney Romero. “Our tax system relies on the honesty and integrity of our citizens to do just that — pay what they legitimately owe to the U.S. Treasury. If they don’t, we can’t properly fund government services, which so many people rely on. Perna’s sentence of prison time, fine, and restitution sends the message that failure to pay your taxes will result in significant consequences.”
“Corporate and personal income taxes are an integral source of funding for government programs such as Social Security and Medicare,” said Yury Kruty, IRS-CI Special Agent in Charge. “These cases continue to be a priority for IRS-CI and we will aggressively pursue those who do not comply with those tax obligations.”
The case was investigated by the Internal Revenue Service - Criminal Investigation and prosecuted by Assistant United States Attorney Eric D. Gill.
Former Owner of Philadelphia CDL School Sentenced to 57 Months in Prison for Bribing CDL Examiner and Witness TamperingRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Vladimir Tsymbalenko, 53, the former owner of Vlad’s CDL School in Philadelphia, PA, was sentenced to 57 months’ imprisonment, three years of supervised release, and a $5,000 fine by United States District Court Judge Jeffrey L. Schmehl for bribing a Commercial Driver’s License examiner to pass some of Tsymbalenko’s students who did not actually pass, or never even took, the CDL examination, and for asking a witness to lie.
On October 11, 2023, Tsymbalenko had pleaded guilty to one count of bribery concerning programs receiving federal funds and one count of witness tampering.
“The last thing anyone should want on our roads are people behind the wheel of big rigs or school buses with bogus CDL certifications,” said U.S. Attorney Romero. “Licensure standards are intended to ensure that someone has the training and skills needed to safely move these huge vehicles and their cargo — human or otherwise — from Point A to Point B. As Tsymbalenko’s nearly five-year prison sentence shows, my office and our partners will work to hold accountable anyone seeking to evade such critical government regulations.”
“This sentencing of Vladimir Tsymbalenko demonstrates the Department of Transportation Office of Inspector General’s (DOT-OIG) commitment to pursuing individuals in the motor carrier industry who are willing to compromise the safety of the traveling public for personal gain,” stated Christopher A. Scharf, Regional Special Agent in Charge for DOT-OIG. “Working with our agency, law enforcement, and prosecutorial partners, we remain focused in our efforts to prevent, detect, and prosecute fraud schemes that compromise the integrity of DOT’s safety programs.”
“Corruption and fraud, at any level, is not tolerated, especially for licensing standards designed to keep our community safe,” said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. “The FBI will continue to work alongside our federal, state and local partners to pursue those who orchestrate these fraudulent schemes which undermine the integrity of these licenses.”
The case was investigated by the Department of Transportation Office of Inspector General and the Federal Bureau of Investigation, with the assistance of the Pennsylvania Department of Transportation and the Pennsylvania State Police, and was prosecuted by Assistant United States Attorney K.T. Newton.
Philadelphia Carjacking Task Force Highlights Significant Cases, Impact Since Its Formation Two Years AgoRead the Press Release
PHILADELPHIA – The agencies comprising the Philadelphia Carjacking Task Force highlighted the task force’s efforts at a press conference today at the U.S. Attorney’s Office.
U.S. Attorney Jacqueline C. Romero, ATF Philadelphia Special Agent in Charge Eric J. DeGree, FBI Philadelphia Special Agent in Charge Wayne A. Jacobs, and Philadelphia Police Commissioner Kevin J. Bethel discussed the benefits of the task force partnership and several significant investigations. They also noted that the number of carjackings in Philadelphia, after hitting a historical high of 1,311 in 2022, dropped 31% to 900 in 2023. In addition, the numbers for the first quarter of 2024 are indicative of another marked decline from last year.
In her remarks, U.S. Attorney Romero shared that, from January 2022 through March 2024, 59 cases investigated by the Carjacking Task Force have resulted in federal charges, with a total of 103 defendants federally charged in connection with 121 individual carjackings.
U.S. Attorney Romero also discussed some recent case developments, including the sentencing of Dashawn Pringle to 10½ years in prison for two armed carjackings, one in which a victim was violently assaulted; the guilty plea of John Nusslein to two carjackings, including one where an elderly delivery driver was fatally beaten, resulting in a potential sentence of 25 years in prison; and the guilty pleas of Angel Fayez and Kevin Antun to a crime spree that began with a carjacking. Fayez and Antun are now facing mandatory minimum sentences of seven years in prison, and statutory maximum sentences of life in prison.
“We want our community to know that significant strides are being made on their behalf by the Philadelphia Carjacking Task Force,” said U.S. Attorney Romero. “At the same time, we want carjackers, and would-be carjackers, to know that we can and have charged defendants as young as 18 years old federally, and in the cases we’ve prosecuted, we’ve obtained some very significant sentences. Carjacking defendants routinely receive sentences of seven to 15 years — and can even face up to a lifetime of imprisonment in some cases.”
ATF Special Agent in Charge DeGree talked about his agency’s role on the task force, providing investigators and employing ATF’s crime gun intelligence tools. He also highlighted one of the agency’s key cases, in which Tarik Chambers and Nikeem Leach-Hilton committed three back-to-back carjackings, then crashed into and critically injured an elderly driver while fleeing from police. Each man was sentenced to more than 18 years in prison. Two other defendants in the same carjacking crew, Rashad Johnson-Price and Khasir Lynch, have pleaded guilty to additional carjackings; each faces about a decade in federal prison when sentenced.
“Our team of ATF special agents are working tirelessly with our partners in the Philadelphia Carjacking Task Force to seek justice and prevent these dangerous crimes,” said Special Agent in Charge DeGree. “Carjacking is not only a deadly dangerous crime, it is a serious federal offense, carrying lengthy federal prison sentences, even for first-time offenders.”
FBI Special Agent in Charge Jacobs looked at the Bureau’s investigative role and reviewed the cases of Shamire Young and Robert Riles. Young and three co-conspirators committed a carjacking at gunpoint in Northwest Philadelphia, pistol-whipping one of the victims; Young pleaded guilty and was sentenced to seven years behind bars. Riles and two co-conspirators committed a carjacking at gunpoint of a mother and daughter in West Philadelphia, with Riles pleading guilty and receiving a sentence of more than 11 years in prison.
“Whether a single subject or a group of subjects — with criminal history or without — the message is simple. Your actions have consequences,” said Special Agent in Charge Jacobs. “No matter who you are, the FBI and each agency on this task force will hold you to account.”
Philadelphia Police Commissioner Bethel cited the decrease in carjackings in the city over the last two years, crediting the work of the task force for getting numerous violent offenders off the street. He underscored the importance of partnerships like the Carjacking Task Force and how local and federal authorities must work collectively to reduce violent crime.
United States Files Lawsuit Alleging Medicaid Fraud by Philadelphia Mental Health Clinic and Its OwnerRead the Press Release
PHILADELPHIA – U.S. Attorney Jacqueline C. Romero announced today that the United States filed a civil complaint against Nueva Vida Multicultural/Multilingual Behavioral Health, Inc. (“Nueva Vida”) and its owner and principal, Dr. Ghodrat Pirooz Sholevar, alleging that they violated the False Claims Act and state common law by billing Medicaid for psychiatric medication management appointments (known as “med checks”) and other services that did not occur as billed.
In its complaint, the United States alleges that Nueva Vida provided psychiatry and therapy services to economically disadvantaged adults and children at three locations in Philadelphia under the Medicaid program. Among the services that Nueva Vida provided were med checks, appointments during which a psychiatrist is supposed to assess the efficacy and effects of a prescribed drug, including controlled substances, on patients within the doctor’s care. The United States alleges that between at least 2009 and 2017, Nueva Vida and Sholevar fraudulently billed Medicaid for thousands of med checks as though Sholevar had met with each patient for at least 15 minutes — when in reality, Sholevar spent well below the required time meeting with patients.
“This civil complaint reflects our focus on pursuing individuals who defraud Medicaid, especially when doctors in the Medicaid program should be providing complete and comprehensive mental health services to vulnerable populations,” said U.S. Attorney Romero.
“Civil enforcement is an important component in safeguarding the integrity of the Medicaid and Medicare Programs,” said Maureen Dixon, Special Agent in Charge of the Philadelphia Regional Office for the U.S. Department of Health and Human Services, Office of Inspector General. “Today’s civil complaint shows our commitment to ensuring Medicaid program dollars are only paid for services that were properly provided to patients.”
Among other things, the United States alleges that the defendants repeatedly billed Medicaid for days during which Sholevar allegedly performed more than 84 full-length med checks on the same day, which would amount to at least 21 hours of appointments. According to the United States, the defendants also repeatedly billed Medicaid for services that were never provided—because the relevant patients were receiving in-patient treatment at different hospitals at the alleged time of service. The United States also alleges that Nueva Vida failed to adhere to corporate formalities and was merely an alter ego for Sholevar. As a result, Sholevar personally pocketed millions of dollars in compensation through his control over Nueva Vida and defendants’ fraudulent billing, with an annual income as much as double the median compensation for child psychiatrists in Philadelphia. The United States’ civil lawsuit seeks damages for the false Medicaid claims submitted by defendants as well as the imposition of civil penalties.
The civil complaint details years of audits of Nueva Vida by Community Behavioral Health (CBH), the managed care organization that contracts with healthcare providers who provide mental health services for Medicaid recipients in Philadelphia. Over the years, as outlined in the complaint, CBH found repeated errors and significant problems in these audits. In 2017, Nueva Vida was terminated from the Medicaid program.
The matter was investigated by the U.S. Department of Health and Human Services, Office of the Inspector General. The matter is handled by Assistant U.S. Attorneys Erin E. Lindgren and Gregory B. in den Berken of the Civil Division and healthcare fraud auditor George Niedzwicki.
The claims asserted against the defendants are allegations only — there has not yet been any determination of liability.
Philadelphia Man Indicted for May 2020 Arson of a SunRay Drugs Pharmacy Building in West PhiladelphiaRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Tyrone Wise, 34, of Philadelphia, PA, was charged today by indictment with one count of arson.
The indictment alleges that on May 31, 2020 — while both lawful protests and unlawful civil disturbances were occurring throughout the region and the country — the defendant started a fire inside 25 South 60th Street (at the corner of Ludlow and 60th Streets) in Philadelphia. The fire severely damaged a SunRay Drugs Pharmacy and multiple apartments inside the building.
If convicted, the defendant faces a mandatory minimum sentence of 5 years’ imprisonment, a maximum possible sentence of 20 years’ imprisonment, and other penalties.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Philadelphia Police Department and is being prosecuted by Assistant United States Attorney Kevin Jayne.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Man Sentenced to More Than 13 Years in Prison for Robbing a Pizza Parlor in Mayfair and Shooting Two EmployeesRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Kaleb Bridges, 20, of Philadelphia, PA, was sentenced today by United States District Court Judge Gerald A. McHugh to 166 months’ imprisonment and five years of supervised release for robbing a local restaurant and shooting and wounding two employees.
On December 6, 2023, Bridges pleaded guilty to charges of Hobbs Act robbery and carrying, using, and discharging a firearm during and in relation to a crime of violence.
The charges stem from Bridges’ actions on the night of March 8, 2023, when he entered the Mayfair Pizza restaurant at 7424 Frankford Avenue just before closing time. He produced a gun and demanded that an employee empty the cash register and place the money into a bag. After she had done so, Bridges pulled away before the employee could release the bag. Bridges then shot the employee (Victim #1) in the shoulder. She ducked down below the counter and Bridges fired another round, which struck a refrigerator.
The employee’s father, who owns the business, witnessed what happened. As Bridges made his way to the door with the bag of stolen money, the employee’s father then struggled with Bridges in an effort to keep him from fleeing. During the struggle, Bridges’ gun fell to the floor. Bridges retrieved and fired it, this time striking the employee’s mother (Victim #2), the co-owner of the pizza parlor. At that point, the employees were able to gain control of the defendant and hold him until the police arrived and took him into custody. Police officers rushed the shooting victims to the hospital, where Victim #1 was treated and released within a few hours. Victim #2 spent several weeks in the hospital recovering from her injuries.
“Kaleb Bridges’ decision to rob this family business at gunpoint and shoot two members of that family was life-changing for the victims,” said U.S. Attorney Romero. “While this crime occurred in a matter of minutes, it will long stay with the two women he shot and the witnesses who struggled to restrain him. It’s also changed the course of Bridges’ life, which, for the next decade-plus, will be lived locked away in prison.”
“Armed robberies threaten Philadelphia’s business and communities, and ATF Philadelphia Field Division is committed to working with the Philadelphia Police Department and our other partners to investigate, prosecute and prevent such crimes,” said Eric J. DeGree, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Philadelphia Field Division. “We regularly work together, sharing the ATF’s unique forensic and investigative tools, to ensure justice for the victims and to make our communities safer through federal prosecution.”
“The brazen violence displayed by Kaleb Bridges is a threat to the safety of every person in our city,” said Philadelphia Police Commissioner Kevin J. Bethel. “This case is a chilling example of how a robbery can escalate into a shooting, leaving innocent people injured and a community shaken. I applaud the collaborative efforts by the ATF, our detectives, and the U.S. Attorney's Office in holding this defendant accountable for his actions. This sentence sends a clear message that we will not tolerate this kind of violence in our neighborhoods, and that we will work tirelessly to bring those who commit such crimes to justice.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Philadelphia Police Department, and prosecuted by Assistant United States Attorney Robert E. Eckert.
Philadelphia Man Pleads Guilty to Murder in a Case Involving Two Carjackings of Food Delivery DriversRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that John Nusslein, 19, of Philadelphia, PA, pleaded guilty today to one count of conspiracy to commit carjacking, one count of carjacking resulting in death, and one count of carjacking resulting in serious bodily injury.
Nusslein was charged by indictment in June 2022 with these offenses, in connection with a series of carjackings of food delivery drivers in Northeast Philadelphia during November and December of 2021.
According to the indictment, the defendant and others committed two carjackings during the course of the conspiracy that took place between November 29, 2021, and December 29, 2021. The incidents detailed are as follows:
- On December 2, 2021, Nusslein and two others placed a food delivery order to an address on the 3000 block of Teesdale Street in Philadelphia, as a ruse to lure their intended victim to that location. At approximately 7:00 p.m., when C.C., a food delivery driver, arrived at that location, Nusslein, Person 1, and Person 2 approached C.C. and struck him repeatedly to facilitate the taking of C.C.’s vehicle, a 2004 Toyota Camry. Nusslein, Person 1, and Person 2 then fled the area in C.C.’s stolen Toyota Camry. C.C. was later taken to the hospital by first responders. On December 21, 2021, C.C. succumbed to his injuries and the Philadelphia Medical Examiner’s Office determined that the cause of death was the assault that C.C. sustained during the carjacking.
- On December 16, 2021, Nusslein and Person 1 placed a food delivery order to an address on the 9000 block of Hilspach Street in Philadelphia, as a ruse to lure their intended victim to that location. At approximately 9:10 p.m., when W.Z., a food delivery driver, arrived at that location, Nusslein and Person 1 approached W.Z., pointed a firearm at him, demanded his money, and struck him to facilitate the taking of W.Z.’s vehicle, a 2015 Infiniti QX5. Nusslein and Person 1 then fled the area in W.Z.’s stolen Infiniti QX5.
“The fact that these carjackers specifically lured two innocent people trying to make a living is despicable,” said U.S. Attorney Romero. “That Nusslein and the others so brutally beat one driver that his injuries proved fatal is horrific. We and our partners on the Philadelphia Carjacking Task Force simply won’t permit violent offenders like Nusslein to victimize people with impunity. They will be prosecuted, and they will go to prison for a very long time.”“Carjacking is a serious federal crime with lengthy prison sentences. This case also demonstrates that carjacking is a deadly dangerous crime,” said Eric J. DeGree, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Philadelphia Field Division. “ATF Philadelphia Field Division is working diligently with our partners in the Philadelphia Carjacking Task Force, sharing the ATF’s unique forensic and investigative tools to ensure justice for the victims and to make our communities safer through federal prosecution.”
“This case is a tragic reminder that carjackings can have deadly consequences,” said Philadelphia Police Commissioner Kevin J. Bethel. “The senseless assault on these food delivery drivers is appalling and unacceptable. I commend the outstanding collaboration between the Philadelphia Police Department, the ATF, and the U.S. Attorney's Office for their work in bringing this case to justice. Our carjacking task force remains vigilant in investigating these crimes and will continue to work tirelessly to ensure the safety of Philadelphians.”
Nusslein is set to be sentenced on July 31, 2024, before United States District Court Judge John M. Younge, and faces a maximum possible sentence of life in prison.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Philadelphia Police Department and is being prosecuted by Assistant United States Attorney Lauren E. Stram and Assistant United States Attorney Robert E. Eckert.
Philadelphia Man Sentenced for Directing a Scheme to Steal Diesel Fuel from Gas Stations and for Illegally Possessing FirearmsRead the Press Release
PHILADELPHIA – U.S. Attorney Jacqueline C. Romero announced that William Cole, 32, of Philadelphia, PA, was sentenced to 70 months’ imprisonment and three years of supervised release by United States District Court Judge Gerald A. McHugh for directing a scheme to steal diesel fuel from gas stations and illegally possessing firearms.
In October 2023, Cole pleaded guilty to one count of conspiracy to commit access device fraud and one count of possession of a firearm by a felon.
From March 2021 through June 21, 2023, the defendant purchased stolen credit card data and had co-conspirators fill up auxiliary tanks at Philadelphia-area gas stations, at his direction and using his trucks, with more than $750,000 worth of diesel fuel, using those unlawfully obtained credit card numbers. Cole would then resell the diesel fuel at a discounted rate.
On June 26, 2023, during a court-authorized search of Cole’s residence, Homeland Security Investigations recovered a Smith and Wesson semi-automatic pistol loaded with 15 rounds of ammunition and a Glock 27, which had been modified with a conversion kit into a fully automatic pistol. Cole had previously been convicted of state drug and gun offenses in Pennsylvania and was not permitted to be in possession of firearms.
“Cole fueled his scheme using other people’s stolen information and armed himself with guns he knew he shouldn’t have,” said U.S. Attorney Romero. “This sentence holds him accountable for both his financial and firearms offenses. We’ll continue to work with HSI and our other valued partners to prosecute repeat offenders like William Cole.”
“Fraud through the manipulation of financial systems is one of the core investigative priorities of Homeland Security Investigations,” said William S. Walker, Special Agent in Charge of HSI Philadelphia. “Convicted felons like William Cole need to be held accountable for perpetrating fraud schemes targeting commercial businesses. Cases like this one are only accomplished when dedicated agents and prosecutors work side-by-side to bring fraudsters to justice.”
The case was investigated by Homeland Security Investigations (HSI) Philadelphia’s El Dorado – Cyber Crimes Investigations Task Force (C2iTF) and is being prosecuted by Assistant United States Attorney Josh A. Davison.
Restaurant Owner Sentenced to 30 Months’ Imprisonment for Tax Violations That Cost the Government Almost $1.2 MillionRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Yong Chun (“Steven”) Guo, 57, of Wyomissing, PA, was sentenced by United States District Court Judge Joseph F. Leeson, Jr. to 30 months in federal prison for tax crimes. Guo was also ordered to pay restitution of $1,172,368 and a $95,000 fine.
Guo pleaded guilty in 2023 to conspiracy to defraud the United States, a charge that arose from his use of a cash payroll at his family owned-and-operated restaurant to avoid paying the full amount of employment taxes due. Records seized from the restaurant pursuant to a search warrant showed that employees were paid wages by a combination of paycheck and cash. Records provided by Guo’s accountant showed that only the portion of the payroll that was paid by check was disclosed to Guo’s accountant. The IRS calculated that Guo’s restaurant failed to report on its Forms 941 more than $3.9 million of cash wages that he paid employees from the first quarter of 2013 through the first quarter of 2020, resulting in a payroll tax loss of approximately $444,899.
Guo also pled guilty to attempted tax evasion, a charge that arose from his failure to report cash skimmed from the restaurant on his Form 1040 returns for tax years 2016, 2017, and 2018. The IRS calculated that Guo failed to report more than $2 million of income on his Forms 1040 for 2013 through 2018, resulting in a tax loss of approximately $727,469.
“Guo’s crimes cost the government more than a million dollars in tax revenue,” said U.S. Attorney Romero. “They’re also a slap in the face to every honest taxpayer who does the right thing each year. As this case shows, we’re fully committed to prosecuting tax cheats who refuse to contribute their fair share. Bottom line: pay what you owe or prepare to pay some serious consequences.”
“Our largest enforcement program is directed at the portion of American taxpayers who willfully and intentionally violate their known legal duty of filing and paying their taxes,” said IRS Criminal Investigation Special Agent in Charge Yury Kruty. “Anyone contemplating cheating on their taxes should know that IRS Criminal Investigation Special Agents work tirelessly, year-round, to investigate tax and financial crimes.”
The case was investigated by the Internal Revenue Service Criminal Investigation and prosecuted by Assistant United States Attorney Karen L. Grigsby.
City Man Sentenced to More Than 15 Years in Prison for Back-to-Back Armed Robberies of Northeast Philadelphia StoresRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Michael Malcolm, 26, of Philadelphia, PA, was sentenced to 185 months’ imprisonment, five years of supervised release, and $300 restitution by United States District Court Judge Gerald J. Pappert for robbing two Northeast Philadelphia stores at gunpoint.
On February 7, 2023, Malcolm pleaded guilty to one count of Hobbs Act robbery, one count of attempted Hobbs Act robbery, and one count of using and carrying a firearm during and in relation to a crime of violence. The charges stem from two armed robberies he committed within a matter of minutes on October 5, 2021.
At approximately 8:06 p.m. that evening, Malcolm entered Illadelph by All in One Smoke Shop at 14230 Bustleton Avenue in the Northeast. He asked the clerk for cigarillo wraps and handed over money to pay for them. When the clerk opened the register, Malcolm produced a gun, racked the slide, pointed the weapon at the clerk, and demanded money. After the clerk gave him approximately $300 from the register, Malcolm fled the store.
About 10 minutes later, Malcolm went to Somerton Beverage, located at 13510 Bustleton Avenue, approximately two-tenths of a mile from the smoke shop he’d just robbed. Malcolm entered the store, selected a beer for purchase, and gave money to the clerk. When the clerk didn’t open the register, Malcolm produced his firearm. The clerk yelled “he got a gun” and Malcolm fled the store with the beer.
Shortly after the Somerton Beverage robbery, two officers with the Philadelphia Police Department observed Malcolm standing on the corner at 13501 Bustleton Avenue. When the officers attempted to stop him, he fled on foot. After a short foot chase, Malcolm was arrested. When police officers searched Malcolm, they recovered a loaded 9mm handgun. Officers also seized Malcolm’s jacket, which matched the jacket described by the robbery victims that night.
“Anyone willing to rob a total stranger at gunpoint, let alone try it twice in a matter of minutes, is an obvious threat to our community,” said U.S. Attorney Romero. “The victim clerks in this case were on the job, just trying to make a living, when someone who’d rather steal money than earn it made them fear for their lives. We and our law enforcement partners are working to identify, prosecute, and lock up violent offenders like Michael Malcolm, to make the streets — and the stores — of Philadelphia safer for all.”
“The citizens who live and work in our community deserve to feel safe,” said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. “Through the diligent work and continued collaboration with our law enforcement partners, the FBI will continue to take violent criminals off our streets.”
“I would like to commend the diligent efforts of our law enforcement partners for swiftly bringing Michael Malcolm to justice,” said Philadelphia Police Commissioner Kevin Bethel. “These back-to-back armed robberies serve as a stark reminder of the importance of collaborative efforts in ensuring the safety and security of our communities. Through initiatives like Project Safe Neighborhoods, we remain steadfast in our commitment to reducing violent crime and fostering a safer environment for all. The significance of this sentencing cannot be overstated — it underscores the gravity of the defendant’s actions, and sends a clear message that such criminal behavior will not be tolerated in our city.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the FBI and the Philadelphia Police Department and prosecuted by Assistant United States Attorney Thomas M. Zaleski.
Delaware County Mushroom Farm Owner Sentenced to 46 Months’ Imprisonment for Tax ViolationsRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Donna Fecondo, 63, of Garnet Valley, PA, was sentenced by United States District Court Judge Mitchell S. Goldberg to 46 months in federal prison for tax crimes. Fecondo was also ordered to pay restitution.
Fecondo pleaded guilty in 2022, admitting that she failed to remit employment (payroll) taxes to the IRS, with a loss to the government, for the years charged in the indictment, of approximately $600,000, and failed to file corporate and personal income tax returns.
Fecondo was the president and sole owner of Joseph Silvestri & Son, a/k/a Joseph Silvestri & Son, Inc. (“JSSI”). JSSI was a business operating a mushroom farm, with its principal place of business in Garnet Valley. As the sole owner of JSSI, Fecondo was responsible for collecting, accounting for, and paying over employment taxes. JSSI paid its employees weekly and was required by the IRS to electronically deposit its payroll taxes weekly. Fecondo withheld the taxes from her employees’ pay but did not remit the taxes to the IRS.
Fecondo did not timely file Forms 943, Employer’s Annual Federal Tax Return for Agricultural Employees, for tax years 2013 through 2016. Instead, Fecondo filed the Forms 943 for tax years 2013 through 2016 in or about July 2017, well after the due dates and after the Internal Revenue Service had contacted her about her failure to pay employment taxes and her failure to file returns.
Although Fecondo reported substantial payroll taxes due and owing on the Form 943 for tax years 2013 through 2016 that she made in July 2017, and although JSSI withheld employment taxes from JSSI’s employees’ wages, Fecondo did not pay over any employment taxes to the IRS for those tax years. In total, for tax years 2013 through 2016, Fecondo should have withheld and remitted to the IRS a total of approximately $1,255,068.94 in employment taxes, but instead she remitted nothing. Of this amount, Fecondo should have withheld and remitted to the IRS a total of approximately $599,159.94 related to tax years 2015 and 2016, but instead remitted nothing.
Fecondo also failed to file her 2015 and 2016 personal income tax returns even though she knew that she was required by law to file a tax return for each of those years. Further, Fecondo failed to file corporate tax returns on behalf of JSSI for tax years 2015 and 2016.
“We’re in the middle of tax season, when a lot of people are grumbling about what they owe the IRS — but they still go ahead and pay what they’re supposed to.” said U.S. Attorney Romero. “It’s these honest taxpayers who are being robbed when people try to cheat the system. Donna Fecondo was obligated to properly remit payroll taxes to the government and file personal and business returns annually, but simply decided not to. Her nearly four-year prison sentence should send a loud message to anyone even contemplating tax fraud that it will wind up costing them dearly, in the end.”
“Payroll taxes are an integral source of funding for government programs such as Social Security and Medicare,” said Yury Kruty, IRS-CI Special Agent in Charge. “Employment tax fraud will continue to be a priority for IRS-CI and we will aggressively pursue those who do not comply with their employment tax obligations.”
The case was investigated by the Internal Revenue Service - Criminal Investigation and prosecuted by Assistant United States Attorney Karen Grigsby.
Sex Offender Convicted at Trial on Child Pornography and Failure to Register ChargesRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Christopher Daniels, 33, of Philadelphia, PA, was convicted at trial of receiving child pornography as a second time offender, possession of child pornography as a second time offender, access with intent to view child pornography as a second time offender, and failure to register as a sex offender, as required by the Sex Offender Registration and Notification Act (SORNA).
Daniels was first charged with child pornography offenses on March 12, 2015, and in July of that year, pleaded guilty to possession of child pornography. United States District Judge Wendy Beetlestone sentenced Daniels to 70 months in prison and 10 years of supervised release.
The defendant’s term of supervised release commenced on January 15, 2021. Under SORNA, he was required to keep his sex offender registration information, including his registered residential address, current. In July of 2022, Daniels failed to verify his sex offender registration with Pennsylvania State Police as required and went into non-compliant status. Daniels was also found to be non-compliant with the terms of his federal supervised release and a bench warrant was issued for his arrest.
On November 3, 2022, the U.S. Marshals Service arrested Daniels and the FBI conducted a court-authorized search of his residence, seizing several electronic devices belonging to the defendant. Subsequent forensic examination of those devices found thousands of videos and images depicting child pornography and browser searches for such material.
Daniels was charged by indictment on January 19, 2023, and by superseding indictment on August 29, 2023, with child pornography offenses and failure to register.
“After leaving prison in 2021, Mr. Daniels understood his legal responsibilities: comply with the requirements of his supervised release, keep his sex offender registration up to date, and stay away from material depicting the horrific sexual exploitation of children,” said U.S. Attorney Romero. “Well, he did none of those things, and this verdict ensures he’ll answer for it. The safety of our community and its children is the top priority of my office and our law enforcement partners.”
“Protecting children against exploitation remains a priority for the FBI,” said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. “FBI Philadelphia and our law enforcement partners remain committed to identifying, investigating, and prosecuting those who seek to victimize our most vulnerable.”
“The propensity for underlying crimes of a most heinous nature cannot be discounted when investigating SORNA violations,” said U.S. Marshal Eric Gartner. “As such, the U.S. Marshals Service, together with the USAO and our federal, state, and local law enforcement partners, will aggressively pursue any and all such matters.”
Daniels faces a mandatory minimum sentence of 15 years in prison and a statutory maximum of 130 years in prison, and from five years up to a lifetime of supervised release. He also faces a consecutive sentence of two years in prison on his violation of supervised release.
The case was investigated by the FBI and the U.S. Marshals Service and is being prosecuted by Assistant United States Attorney Michelle Rotella.
Philadelphia Drug Trafficker Who Sought to Have Witness Killed Sentenced to More Than 51 Years in Prison for Narcotics and Gun OffensesRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Luis Algarin-Torres, 34, of Philadelphia, PA, was sentenced by United States District Judge Paul S. Diamond to 622 months in prison, to be followed by six years of supervised release, for distribution of narcotics and firearms possession offenses.
On March 10, 2018, Drug Enforcement Administration agents executed a search at the defendant’s home on the 4000 block of North Reese Street in Philadelphia. In a hidden compartment above a kitchen ceiling light fixture, agents found more than $28,000 in cash, 34 grams of cocaine, and a loaded firearm that had been modified to fire automatically. Prior to trial, the defendant pleaded guilty to a number of narcotics offenses, including possession of the 34 grams of cocaine with intent to distribute, and pleaded not guilty to two gun charges.
On March 31, 2023, after a three-day trial on those charges, the jury found the defendant guilty of possession of a firearm in furtherance of a drug trafficking offense and possession of a firearm by a convicted felon. The jury further found that the firearm had been modified to fire automatically. The evidence also showed that while awaiting trial, the defendant recruited another inmate to try to kill a witness who was scheduled to testify against the defendant.
“Luis Algarin-Torres received a very long prison sentence because he’s a career offender and very dangerous man,” said U.S. Attorney Romero. “For years, this large-scale drug trafficker helped flood Philadelphia with poison, and after he was arrested for it, tried to have a witness killed to better his chances at trial. Putting violent criminals like this out of business and behind bars makes our community a safer place.”
“Algarin-Torres was convicted at trial on federal drug and firearms charges, to include a firearm that was modified to fire automatically,” said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Of particular concern was that in addition to his drug and firearms charges, the evidence showed that Algarin-Torres attempted to orchestrate the murder of a federal witness that was scheduled to testify against him at trial. Let this 51-year prison sentence be a message that anyone who seeks to intimidate or harm a witness will face severe consequences in federal court.”
The case was investigated by the Drug Enforcement Administration and is being prosecuted by Assistant United States Attorneys David J. Ignall and Meghan E. Claiborne.
Philadelphia Pharmacy Criminal Pleas and Civil Resolutions Result in Multiple Criminal Convictions and over $4 Million RecoveredRead the Press Release
PHILADELPHIA – U.S. Attorney Jacqueline C. Romero announced that two former pharmacy employees pled guilty, were sentenced, and settled civil allegations as to Philadelphia-based Spivack, Inc., previously operating under the name Verree Pharmacy (“Verree”). These two employees’ criminal and civil resolutions bring to an end the years-long investigation by the U.S. Attorney’s Office and its law enforcement partners as to opioid and fraud-related issues at Verree by its owner, Mitchell Spivack, and his employees. In addition to criminal convictions resulting in imprisonment, the settlements resulted in over $4.1 million recovered and permanently ban the employees from ever dispensing controlled substances in the future.
Most recently, two former employees, Todd Goodman and Eric Pestrack, pled guilty to charges that they knowingly dispensed oxycodone without a valid prescription. The district court sentenced Goodman and Pestrack to four months and three months in prison, respectively. In addition to the criminal convictions, Goodman and Pestrack separately agreed to resolve civil allegations that they engaged in a years-long practice of illegally dispensing and distributing opioids and other controlled substances as well as systematic health care fraud by billing for drugs the pharmacy did not actually dispense to patients. In addition to paying the United States to resolve their exposure, the two also committed to never dispense controlled substances in the future.
Goodman and Pestrack’s convictions come after owner-pharmacist Mitchell Spivack pled guilty and was sentenced to 42 months in prison for his role at Verree. Spivack pled guilty to having conspired with others to engage in health care fraud and illegally dispense the controlled substance oxycodone at Verree. Spivack also resolved the civil allegations against him through a court-approved consent judgment. Spivack and his business agreed to pay over $4.1 million to resolve their civil liability under the Controlled Substances Act, False Claims Act, and forfeiture. The judgment also permanently banned them from ever dispensing controlled substances in the future and imposed a 22-year exclusion on the pharmacy and Spivack from Medicare and Medicaid.
The culmination of a multi-year federal-state investigation, the previously filed civil complaint alleged that Verree, its owner Spivack, and employees of Verree had a responsibility to dispense opioids and other controlled substances only when appropriate. Instead, the United States alleged that Verree and Spivack dispensed the drugs, even when faced with numerous red flags suggestive of diversion, such as opioids in extreme doses, dangerous combinations of opioids and other “cocktail” drugs preferred by those addicted, excessive cash payments for the drugs, blatantly forged prescriptions, and other signs that the pills were being diverted for illegal purposes. The complaint alleged that Verree—which was the top retail pharmacy purchasing oxycodone in Pennsylvania—has been a nationwide and regional outlier in its deviant purchasing, dispensing, and billing of controlled substances. To avoid scrutiny from the drug distributors that sold them the pills, Verree through Spivack allegedly made false statements to maintain the façade of legitimacy and keep the pharmacy stocked with these pills critical to their profits. Behind that façade, the complaint alleged that Spivack drew millions of dollars from the pharmacy while the public suffered the consequences.
The United States’ complaint alleged that Verree and Spivack were also engaged in an expansive health care fraud scheme involving fraudulent billings for drugs not actually dispensed. The alleged cornerstone of the scheme was a code used by the pharmacy employees in their internal computer system: “BBDF” or Bill But Don’t Fill. Verree, Spivack, and their co-conspirators allegedly used BBDF as a means to cover their losses on other drugs and further line their pockets with illicit profits by falsely claiming to insurers, including Medicare, that they had dispensed a drug to a patient, when in fact they had not. According to the complaint, this sophisticated fraud—which one of the employees allegedly admitted to investigators—resulted in significant damages to Medicare and other federal programs.
“Pharmacies and pharmacists who engage in illegal dispensing of opioids devastate their communities and worsen our country’s opioid epidemic” said U.S. Attorney Romero. “Providers who abuse Medicare and other federal health care programs by taking money with false billings also steal precious resources from programs critical to the health of our seniors and other citizens. This Office is committed to investigating and holding accountable those providers who violate their controlled substance and health care billing obligations. Our Office deeply appreciates our partnership with the DEA, HHS-OIG, and the Pennsylvania Attorney General’s Office in pursuing these cases.”
“In a city that has been so adversely and disproportionately affected by the opioid epidemic, Verree Pharmacy was the top retail pharmacy purchasing oxycodone in the entire state of Pennsylvania,” said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Spivack and the other employees at Verree routinely demonstrated total disregard for their professional and ethical obligations and improperly dispensed powerful painkillers when numerous warning signs were present.”
“The Medicare and Medicaid Programs provide vital prescription drug services to their beneficiaries,” said Maureen R. Dixon, Special Agent in Charge of the Philadelphia Regional Office for the Department of Health and Human Services, Office of Inspector General. “Pharmacies are required to only bill for prescriptions and products they actually provide to their patients. HHS-OIG will continue to work with the U.S. Attorney’s Office, the Pennsylvania Attorney General’s Office, and the DEA to investigate allegations of fraudulent insurance billings.”
“We are proud collaborators in efforts leading to these recent convictions, along with the millions of settlement dollars from this deceptive, predatory pharmacy practice. Our communities continue to rebuild and recover from opioid-related devastation, so our efforts to assist in that recovery cannot and will not stop,” Pennsylvania Attorney General Michelle Henry said. “My office has shown a commitment, through this and other actions, to hold accountable the pharmacists and businesses that exploited a nationwide addiction crisis to line their pockets.”
The case was investigated by the Philadelphia Field Division of the DEA, the Pennsylvania Department of State’s Bureau of Enforcement and Investigation, HHS-OIG, and the Pennsylvania Office of the Attorney General, with additional assistance from the HHS-OIG Office of Audit Services, Office of Personnel Management Office of Inspector General, the Defense Health Agency, and the Defense Criminal Investigative Service. The criminal charges were prosecuted by Assistant United States Attorneys M. Beth Leahy, Joan Burnes, and Eileen Geiger, and Special Assistant United States Attorneys Robert Smulktis and Linda Montag from the Pennsylvania Office of the Attorney General. The civil investigation and litigation were handled by Assistant United States Attorneys Anthony D. Scicchitano and Sarah L. Grieb and auditors Dawn Wiggins and George Niedzwicki.
Except for what has been admitted in the criminal proceedings, the complaints in the civil litigation contain allegations only.