District of South Carolina
Press releases recorded for this federal judicial district.
Lexington Man Sentenced to 70 Months in Federal Prison After Pleading to Firearm and Ammunition ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Brandon Shane Kolesar, age 30, of Lexington, was sentenced in federal court to 70 months imprisonment, to be followed by 3 years of supervised release. Kolesar plead guilty in May to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). Senior United States District Judge Cameron McGowan Currie, of Columbia, imposed the sentence.
Evidence presented in court established that on the evening of March 29, 2018, deputies with the Lexington County Sheriff’s Department responded to a call about someone breaking into cars. Upon arriving at the scene, witnesses said they observed a man, later identified as Kolesar, attempting to get into a vehicle. When confronted by the men, Kolesar presented a handgun and threatened to “blow their brains out”. Deputies searched the area and found Kolesar on a porch of a residence. As deputies approached, Kolesar ran and a .380 caliber handgun fell from his waistband. Deputies recovered the firearm and later apprehended Kolesar through the use of a K-9. A search incident to arrest also revealed approximately 25 grams of marijuana on Kolesar. Kolesar was arrested on state charges and thereafter, a federal arrest warrant and complaint was issued.
Kolesar is prohibited under federal law from possessing firearms and ammunition based upon his prior state convictions, which include convictions for burglary 2nd degree (three separate counts)(2006), ill treatment of animals, where he shot and killed a homeowner’s dog during a burglary of a dwelling (2006), pointing and presenting a firearm (2014), and assault and battery 2nd degree (2014). At the time of the current offense, Kolesar was on state probation, stemming from a September 2017 state conviction for unlawful carrying of a firearm.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Lexington County Sheriff’s Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
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Department of State Contractor Sentenced to 30 Months in Prison for Theft of Government FundsRead the Press Release
Charleston, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Mauricio Andulo Hidalgo, age 43, of Costa Rica, was sentenced to a term of 30 months in prison by the United States District Court in Charleston for stealing from the United States Government.
Hidalgo previously pled guilty to Theft of Government Funds, a violation of 18 U.S.C. § 641. United States District Judge Patrick Michael Duffy, of Charleston, imposed the sentence, which also includes three years of supervised release and mandatory restitution.
Evidence presented at a change of plea hearing established that Hidalgo used his position as President of SafetyPay-Central America to steal over $293,832 of government funds that were supposed to be transferred to a bank account maintained by the Department of State's Global Financial Services Center in Charleston. SafetyPay-Central America had been hired as a subcontractor to handle the processing of visa application fees for the United States Embassy in Costa Rica. As part of the scheme, Hidalgo diverted the funds from a SafetyPay bank account in Costa Rica to another Costa Rican account under his sole control.
The case was investigated by special agent Katherine Kovacek of the Department of State/Office of Inspector General, which is led by Inspector General Steve A. Linick. Assistant United States Attorneys Marshall "Matt" Austin and Nathan Williams both of the Charleston Office prosecuted the case.
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Rock Hill Gang Member Man Pleads to Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Kenterius Dyshae Hinton, age 24, of Rock Hill, plead guilty in federal court to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). Chief United States District Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose sentence after he has reviewed the presentence report, which will be prepared by the United States Probation Office.
Evidence presented in court established that on November 29, 2017, at approximately 11:21pm, officers with the Rock Hill Police Department were on patrol in an unmarked patrol car when they observed a car, using their high beam front headlights, coming towards them. A traffic stop was conducted and Hinton found to be the driver. Officers smelled marijuana as they approached the car and when they asked Hinton, a known gang member, and the passenger about it, they stated that they had smoked marijuana earlier and that the odor was on their clothes. A search of car revealed a loaded Taurus .45 caliber handgun underneath the center console, a loaded Smith and Wesson .45 caliber handgun underneath the passenger seat, and a marijuana grinder with marijuana residue. Both Hinton and the passenger were arrested on state charges of unlawful carrying of a firearm and advised of their rights. After waiving their rights, Hinton admitted that the “black gun was mine” [the Taurus .45 caliber] and the passenger admitted that the silver gun [the Smith and Wesson .45 caliber] was his gun.
Hinton, who was on state probation at the time of the instant offense, is prohibited under federal law from possessing firearms and ammunition based upon prior state convictions for burglary 2nd degree, possession of a weapon during a violent crime, and attempted armed robbery. The passenger was not a convicted felon, so his firearm charge remained in state court.
Hinton faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the felon in possession of a firearm and ammunition charge.
The case was investigated by the Federal Bureau of Investigation (FBI) and the Rock Hill Police Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorneys Stacey D. Haynes and Alyssa Richardson both of the Columbia office handled the case.
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Previously Deported Alien Sentenced to 108 Months for Possession of Military-Style Semiautomatic RifleRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Luis Cenobio Barrera, age 24, of Tamaulipas, Mexico, was sentenced to 108 months in prison after pleading guilty to being a felon in possession of a firearm, a violation of Title 18, United States Code, Section 922(g). Senior United States District Judge Henry M. Herlong, of Greenville, sentenced Barrera and imposed a three-year term of supervised release.
Evidence presented at the change of plea hearing established that on January 26, 2018, the Greenville Police Department (GPD) received multiple calls for assistance regarding a firearm-related disturbance that originated at a gas station located on S. Pleasantburg Drive, Greenville, S.C. The suspect in the incident was a Hispanic male, subsequently identified as Barrera, who possessed a handgun during the disturbance. The investigation identified Barrera as driving a dark Mazda sedan that was later located in a parking lot on Webster Road in Greenville.
Officers approached the black Mazda 6, which was backed into a handicap parking spot. The Mazda had dark window tint that precluded officers from seeing into the vehicle. As officers approached, Barrera jumped from the vehicle, ignored commands to stop, and fled the area. Officers then established a perimeter around the area and attempted to track and locate Barrera using a K-9, without success.
In the Mazda 6 from which Barrera fled, GPD officers observed an olive drab green and black in color, military style rifle wedged between the front passenger seat and center console of the vehicle.
Based on the information provided by GPD, the Department of Homeland Security identified Barrera as a citizen of Mexico who had been previously removed from the United States on multiple occasions. The prior crimes that led to his first removal were conspiracy robbery with a dangerous weapon, in violation of North Carolina General Statute § 14-87 and discharge of a weapon into an occupied property, in violation of North Carolina General Statute § 14-34.1(a). Following service of a state prison sentence, Barrera was removed to Mexico on May 28, 2013.
At some point, he returned to the United States without permission and on January 17, 2016, Barrera was arrested in Charlotte by local authorities for carrying a concealed weapon, possession of a firearm by a convicted felon, and hit and run. On October 21, 2016, Barrera was convicted of illegal reentry in the United States, served a sentence, and on March 2, 2017, Barrera was removed from the United States to Mexico afoot at Brownsville, Texas.
At some point, Barrera returned to the United States without permission and obtained a FEG Model SA 2000 7.62 mm rifle that he had in his possession when Greenville police officers encountered him in the Mazda. He was ultimately arrested on the weapons charges after fleeing to Charlotte, North Carolina, and was returned to Greenville where his case was adjudicated by Judge Herlong.
Assistant United States Attorney Bill Watkins of the Greenville office handled the case, which was investigated by the Department of Homeland Security/Office of Investigations, the bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Marshals Service, and the Greenville Police Department and prosecuted as part of the joint federal, state and local Operation “Real Time,” which seeks to fast track armed recidivists for federal prosecution. Operation “Real Time” is a part of the Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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Orangeburg Man Pleads to Federal Firearm Charge Stemming from Shooting of OfficersRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Eugene Jonathan James, age 20, of Orangeburg, plead guilty in federal court to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). United States District Judge J. Michelle Childs, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the United States Probation Office.
Evidence presented in court established that at approximately 12:36am on May 27, 2017, officers with the Cayce Department of Public Safety were running radar on Knox Abbott Drive when they observed a car traveling 15-20 mph over the speed limit. After activating their blue lights and siren in an attempt to conduct a traffic stop, a chase ensued across the Blossom Street Bridge into Columbia. At one point, the driver of the car appeared to stop, but when officers approached, the car sped off again. Ultimately, the car stopped near the Riverwalk and the sole occupant/driver, later identified as James, fled on foot, disregarding officers’ commands for him to stop. James fled into the woodline off the Riverwalk and assumed a crouched position, which appeared to the officers to be lying in wait for them. After threatening to use his taser to get James to comply, one officer heard gunshots and felt pain. That officer, who was wearing a bulletproof vest, was shot in the chest and leg and the other officer was shot in his leg. Officers returned fire and called for backup assistance.
Responding officers located James in the woodline with a .40 caliber Smith and Wesson lying at his feet. James had also been shot. Further investigation revealed that the car driven by James had been stolen during a carjacking in Orangeburg on May 14, 2017. The serial number of the firearm had been burned in an attempt to obliterate it; however, law enforcement was able to restore the serial number and determined that it had been stolen during the theft of a car in Orangeburg on May 15, 2017. A ballistics examination of the firearm matched it to the fired bullet recovered from one of the officer’s bulletproof vest and to a May 16, 2017, shooting incident in Orangeburg.
James is prohibited under federal law from possessing firearms and ammunition based upon an April 2017 Orangeburg conviction for burglary 3rd degree for which he received a probationary sentence. At the time of the instant offense, James was on state probation and out on state bond for an unrelated Richland County state charge stemming from a March 2017 incident.
James faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the felon in possession of a firearm and ammunition charge.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Cayce Department of Public Safety, the Columbia Police Department, and the South Carolina State Law Enforcement Division (SLED) and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
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Holly Hill Area Men Plead Guilty to Conspiracy to Smuggle WildlifeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Joseph Logan Brooks, age 29, formerly of Holly Hill, Matthew Tyler Fischer, age 25, of Holly Hill, and Matthew Harrison Kail, age 30, of Pomona Park, Florida, pled guilty to Conspiracy to Smuggle Wildlife, a violation of Title 18, United States Code, § 371. William Fischer, age 48, of Harleyville, pled guilty to Wildlife Trafficking, a violation of Title 16, United States Code, § 3372(a), a misdemeanor. Senior Judge Joseph F. Anderson, Jr., accepted the pleas and will sentence the defendants at a later date.
Evidence presented at the hearing established that the four participated in a syndicate of wildlife smugglers exchanging turtles protected by international agreements back and forth between the United States and China. The conspiracy was led by Steven Baker, age 38, of Holly Hill, who pled guilty in June 2018. The activity took place from January through June 2016. Baker obtained protected turtles from Hong Kong to distribute here in the United States, and he shipped protected turtles from the United States to Asia. Brooks accepted delivery of international packages containing protected turtles. Matthew Fischer gave Baker access to his bank account to receive international wire transfers of funds. Kail provided, bought, and sold protected turtles. William Fischer negotiated for the purchase of two protected turtles.
The transactions were set up using the Facebook text messaging feature. Shipments were made internationally through the United States Postal Service. Several packages were intercepted entering the United States at John F. Kennedy International Airport
The maximum penalty faced by Brooks, Matthew Fischer, and Kail is imprisonment for five years, with a potential fine up to $250,000. The maximum penalty faced by William Fischer is imprisonment of one year and a fine of $10,000.
The United States Fish and Wildlife Service, the United States Postal Inspection Service, and the South Carolina Department of Natural Resources investigated the case. Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.
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Seven Men Sentenced for Their Roles in an International Child Exploitation Crowdsourcing ConspiracyRead the Press Release
Seven men from around the country were sentenced today and yesterday for participating in an international child pornography production conspiracy, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Sherri A. Lydon of the District of South Carolina, and Special Agent in Charge Alphonso “Jody” Norris of the FBI Columbia, South Carolina Field Office.
“Today’s sentencings involve another example of a disturbing and reprehensible new trend: the ‘crowdsourcing’ of child exploitation,” said Assistant Attorney General Benczkowski. “Through malicious trickery and technical sophistication, these men worked together over the course of many months pretending to be minor boys and girls in order to target and entice vulnerable minor girls–some as young as 10 years old–into producing child pornography. Thanks to the tremendous efforts of the prosecutors and agents who worked on this case, these defendants will spend many years in prison, and their victims–more than 91 identified to date– have received some measure of justice for the trauma done to them.”
“This case illustrates that even sophisticated technological means will not protect predators online from being brought to justice,” said U.S. Attorney Lydon. “The arrest and prosecution of perpetrators who commit these heinous acts of violence will continue to be a high priority of the U.S. Attorney’s Office in South Carolina, and I commend the investigators who spent endless hours on this important case.”
“These crimes are especially disturbing and it is very satisfying to see the results of the hard work of our special agents,” said FBI Special Agent in Charge Norris. “The FBI in South Carolina will remain vigilant and continue our active role in the national strategy to ensure children are protected.”
U.S. District Judge Richard M. Gergel for the District of South Carolina imposed the following sentences:
- Brandon Gressette, aka “Samisbae,” 33, a restaurant cook of Summerville, South Carolina, was sentenced to serve 40 years in prison, followed by a lifetime of supervised release. He pleaded guilty on Sept. 29, 2017.
- James Thomas Gersky, aka “Hesh,” 35, a temporary agency employee of Grand Rapids, Michigan, was sentenced to serve 30 years in prison, followed by a lifetime of supervised release. He pleaded guilty on Oct. 25, 2017.
- Steven Fox, aka. “Steam,” 40, an unemployed resident of Elkridge, Maryland, was sentenced to serve 30 years in prison, followed by a lifetime of supervised release. He pleaded guilty on Sept. 28, 2017.
- Sean Ellis, aka. “Jeffery,” 44, a data protection specialist of Kennesaw, Georgia, was sentenced to serve 30 years in prison, followed by a lifetime of supervised release. He pleaded guilty on Sept. 28, 2017.
- Michael Augustin, aka. “Rand,” 45, a computer engineer of Fort Collins, Colorado, was sentenced to serve 25 years in prison, followed by a lifetime of supervised release. He pleaded guilty on Oct. 12, 2017.
- Dejan Becovic, aka “DryAids,” 24, a utilities locator of West Vallen City, Utah, was sentenced to serve 20 years in prison, followed by a lifetime of supervised release. He pleaded guilty on Oct. 20, 2017. Becovic also previously pleaded guilty in the District of Utah to receipt of child pornography, and on Oct. 18, 2017 was sentenced to 15 years in federal prison for the Utah conviction.
- Jonathan Cripe, aka “Terp,” 29, a security system installer of Imperial, Missouri, was sentenced to serve 18 years in prison, followed by a lifetime of supervised release. He pleaded guilty on Aug. 8, 2017.
All defendants were ordered to pay $10,000 to one victim and $98,715 to another victim in restitution, jointly and severally. Gressette was additionally ordered to pay $2,000 in restitution to two victims. Fox was additionally ordered to pay $5,000 in restitution to two victims and Cripe was additionally ordered to pay $2,500 in restitution to two victims. Augustin was also ordered by Judge Gergel to pay a fine in the amount of $100,000.
According to court documents, between July 2014 and April 2015, these defendants and other co-conspirators outside the United States utilized a website that was specifically designed to help the group target and sexually exploit minor females. The website was password-protected, and only vetted individuals could become members. The members of the website worked together to identify social media profiles of girls, including girls as young as 10, and strategized regarding how to convince the girls to engage in sexually explicit activity via live web camera. Typically, while pretending to be minor boys and girls, the defendants streamed pre-recorded videos of other underage girls engaging in similar conduct to their target-victims in an effort to trick the girls into believing they were watching a live video of someone their own age. Using peer-pressure, the members convinced the victims to engage in sexually explicit activity. The victims were unaware that they were actually communicating with adult men who were recording their sexually explicit activity. After successfully recording a victim’s sexually explicit activity, the defendants would share the videos with each other by uploading the files to a file-storage site and placing a link to download the file on a section of their members-only website. To date, 91 victims from 28 states and Canada have been positively identified.
Six of the co-conspirators each pleaded guilty to one count of conspiracy to produce child pornography and one count of conspiracy to receive and distribute child pornography. Defendant Gressette pleaded guilty to the same count of conspiracy to produce child pornography, as well as two additional substantive counts of production of child pornography with two different victims, one of whom was under the age of 12. Additionally, another co-conspirator, Jonathan Soto, 27, of Branchburg, New Jersey, was prosecuted in the District of New Jersey and also pleaded guilty to conspiracy to produce child pornography. On March 31, 2017, Soto was sentenced to 18 years in federal prison for his role in the scheme.
Trial Attorneys Lauren Britsch and Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Dean Secor of the District of South Carolina prosecuted the case. The FBI Newark, New Jersey and Columbia, South Carolina Field Offices and the FBI Major Case Coordination Unit investigated the case with assistance from Operation Rescue Me, the Digital Analysis and Research Center (DARC) Lab and CEOS’s High Technology Investigative Unit.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
Greenville Woman Guilty of Fraud Involving ImmigrationRead the Press Release
Columbia, South Carolina –------- United States Attorney Sherri A. Lydon announced today that Latoya Sanders, age 30, of Greenville, South Carolina, entered a plea of guilty as charged in Greenville, South Carolina, before United States District Judge A. Marvin Quattlebaum, Jr. Sanders pled guilty to two counts of Wire Fraud, each of which count carries a penalty of up to 20 years in prison, and four counts of Aiding and Abetting the Impersonation of a Federal Official, each of which count carries a penalty of up to three years in prison. Sentencing will occur after the preparation of a Presentence Report by the United States Probation Office.
The case was investigated by the Greenville City Police Department and the Department of Homeland Security. Assistant United States Attorney David C. Stephens prosecuted the case. United States Attorney Lydon stated that there is a co-defendant named in the Indictment whose case has not yet been resolved and therefore no statements will be made regarding the facts of the case.
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Laurens Man Gets 10 Years in Federal Prison on Drug and Gun ChargesRead the Press Release
Greenville, South Carolina-------United States Attorney Sherri A. Lydon stated today that Keandre Armon Connor, age 37, of Laurens, was sentenced in federal court in Greenville for possession with intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime. United States District Judge Bruce H. Hendricks sentenced Connor to a total term of 120 months in federal prison followed by supervised release.
Evidence presented at the change of plea hearing established that on October 6, 2016, Laurens County Sheriff's deputies executed a search warrant at Connor’s residence and located over 500 grams of cocaine and multiple firearms.
The case was investigated by the Laurens County Sheriff's Office along with agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Assistant United States Attorney Max Cauthen of the Greenville office prosecuted the case.
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Greenville Man Sentenced to 46 Months for $700,000 Fraud SchemeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Calvert J. Drummond, Jr., age 35, of Greenville, was sentenced to 46 months’ imprisonment in federal court in Anderson related to a conspiracy to commit wire fraud, a violation of Title 18, United States Code, Section 1349. United States District Judge Timothy M. Cain, of Anderson, imposed sentence and also ordered Drummond to pay $742,000 in restitution to his victims.
Evidence presented at the change of plea hearing established that Drummond represented to clients that he could obtain alternative financing for various projects that required large amounts of capital. In exchange for a fee of several hundred thousand dollars, Drummond promised to secure bank guarantees worth millions.
Drummond would create fraudulent financial documentation regarding the alternative financing and show them to the clients. When pushed by clients on the delay of the financing or for a return of the fee paid, Drummond would blame the delays and other issues on various banks.
Drummond had no mechanism to obtain the alternative financing promised; this was a fictitious story created to persuade clients to pay fees that Drummond used to pay personal expenses, travel, and obtain jewelry and other high-end items.
The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
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Greenville Man Pleads Guilty to Wire FraudRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Timothy L. Ware, age 52, of Greenville, pled guilty in federal court in Anderson, to wire fraud, a violation of Title 18, United States Code, Section 2252A. United States District Judge Timothy M. Cain, of Anderson, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Seaboard Corporation (“Seaboard”) intended to wire $352,929 (“the Funds”) to Advantage Ford Commercial Sales (“Advantage”) related to a legitimate business transaction. Unbeknownst to either Seaboard or Advantage, an Advantage email account was compromised and instructions were sent to Seaboard to wire the Funds to a Branch Banking & Trust (“BB&T”) account in the custody and control of Ware. On July 8, 2016, the Funds were wired from Seaboard to the BB&T account of Ware.
On July 8, 2016, Ware began transferring the Funds from his BB&T account to accounts at the Bank of Travelers Rest and Navy Federal Credit Union. On that same day Ware withdrew $40,000 in cash from his BB&T account. Similarly, Ware obtained three BB&T cashier checks in the amounts of $87,500, $52,500, and $87,500, respectively.
The case was investigated by agents with the Federal Bureau of Investigation. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
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Myrtle Beach Man Indicted by Federal Grand Jury in Connection with Suspected Opioid OverdosesRead the Press Release
James Latron Sumter, a/k/a “T”, age 35, of Myrtle Beach, South Carolina, has been charged with conspiracy to possess with intent to distribute cocaine and heroin, the use of which resulted in serious bodily injury or death, in violation of Title 21, United States Code, Sections 846 and 841(b)(1)(C). This charge carries a mandatory sentence of imprisonment of 20 years to life if Sumter is convicted. The case is being investigated by the Federal Bureau of Investigation and the Drug Enforcement Administration, and is assigned to Assistant United States Attorney Everett McMillian of the Florence office for prosecution.
The United States Attorney stated that all charges in this Indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Federal Grand Jury IndictmentsRead the Press Release
Columbia, South Carolina----United States Attorney Sherri A. Lydon stated today that a Federal Grand Jury in Charleston, South Carolina, returned Indictment(s) against the following:
North Charleston Man Indicted for Tax Fraud. Benjamin Bligen, age 40, of North Charleston, South Carolina, was charged in a 1-count Indictment with Fraudulent Tax Return Preparation, a violation of Title 26, United States Code, Section 7206. The maximum penalty that Bligen could receive is 3 years imprisonment. The case was investigated by agents of the Internal Revenue Service and is assigned to Assistant United States Attorney Rhett DeHart of the Charleston office for prosecution.
Mexican Man Indicted for Immigration Offense. Jose Prado-Palma, age 40, of Mexico, was charged with the Illegal Reentry of a Removed Alien, a violation of Title 8, United States Code, Section 1326. The maximum penalty that Prado-Palma could receive is 2 years imprisonment. The case was investigated by agents of ICE – Enforcement and Removal Operations (ERO) and is assigned to Assistant United States Attorney Rhett DeHart of the Charleston office for prosecution.
North Charleston Woman Charged with Theft of Mail by a Postal Employee. Regina Fludd, age 35, of North Charleston, South Carolina, was charged in a 1-count Indictment with Theft of Mail by a Postal Employee in violation of Title 18, United States Code, Section 1709. The maximum sentenced that Fludd could receive is 5 years imprisonment. The case was investigated by agents of the United States Postal Inspection Service, and it is assigned to Assistant United States Attorney Rhett DeHart of the Charleston office for prosecution.
Walterboro Man Indicted on Federal Gun Charge. Quentin John Fishburne, a/k/a “Quinton John Fishburne”, a/k/a “Q”, age 37, of Walterboro, South Carolina, was charged in a 1-count indictment. Fishburne was charged with being a felon in possession of a firearm, a violation of Title 18, U. S. C. §922(g). The maximum penalty Fishburne could receive is 10 years imprisonment and a maximum fine of $250,000. The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Walterboro Police Department and is assigned to Assistant United States Attorney Chris Schoen and Special Assistant United States Attorney Carra Henderson of the Charleston office for prosecution.
Folly Road Bank Robber Federally Indicted. Quinton Allen Manigault, age 30, of Wando, South Carolina, was charged in a 2-count indictment arising from the March 27, 2018 robbery of the Pinnacle Bank on Folly Road. Manigault is charged with armed bank robbery, a violation of Title 18, U. S. C. §2113(a) and (d) and possession of a firearm in furtherance of a crime of violence, a violation of Title 18, U. S. C. §924(c). The maximum penalty Manigault could receive is life in prison and a fine of $250,000. The case was investigated by agents of the Federal Bureau of Investigation and the Charleston Police Department and is assigned to Assistant United States Attorney Chris Schoen of the Charleston office for prosecution.
The United States Attorney stated that all charges in indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Man Sentenced to 20 Years in Federal Prison for Bank Robbery of a Charleston BankRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon announced that Cory Ray Christie, age 38, of Guyton, Georgia, was sentenced yesterday in federal court for bank robbery. On August 23, 2017, Christie pleaded guilty to bank robbery in violation of Title 18, United States Code, Section 2113(a). Evidence presented in court established that on August 17, 2016, Christie entered the South State Bank on Savannah Highway in Charleston. Christie entered the bank, approached the teller, and stated “just give me the money and no one gets hurt.” Christie stole approximately $2,880. The bank’s surveillance system captured Christie during the robbery and officers were able to obtain a description of his vehicle, which was tracked travelling south on Savannah Highway. After his arrest, officers found a shirt matching the shirt worn by the robbery suspect in Christie’s car and shoes matching the suspect’s shoes at Christie’s home. Further, cell site records confirmed that Christie’s phone was located very close to the coordinates of the South State Bank at the time of the robbery. Christie’s phone search history indicated that on the same day as the robbery, his cell phone was used to conduct a google search of “Charlestown sc bank robbery.”
On August 10, 2018, United States District Judge Richard M. Gergel sentenced Christie to 240 months imprisonment. Citing Christie’s 16 prior bank robbery convictions, Judge Gergel imposed the maximum penalty under the law. At sentencing, Judge Gergel recognized that Christie robbed the South State Bank only a few months after his release from a 137-month federal prison sentence for bank robbery.
The City of Charleston Police Department investigated the case in conjunction with the FBI. Assistant United States Attorney Emily Limehouse of the Charleston office prosecuted the case.
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Federal Grand Jury IndictmentsRead the Press Release
United States Attorney Sherri A. Lydon stated today that a Federal Grand Jury in Greenville, South Carolina, returned Indictments against the following:
Piedmont Man Indicted on Bank Robbery Charge. Brandon Laster, age 36, of Piedmont, South Carolina, was charged in a one-count indictment with bank robbery, a violation of Title 18, United States Code, Section 2113(a). The maximum penalty Laster could face is twenty (20) years imprisonment and/or a fine of $250,000.00. The case was investigated by agents of the Federal Bureau of Investigations and the Greenville Police Department and is being prosecuted by Assistant United States Attorney Jeanne Howard of the Greenville office.
Six Illegal Aliens Charged with Misuse of Social Security Number. Julio Cesar Rojas Vasquez, Fredin Orlando Cordon-Gonzalez, and Josue Eduardo Maas-Aparico, all of Guatemala, and Luis Alberto Isaguirre-Cortes, Jose Santos Martinez, and Noe De La Cruz Galvez-Munguia, all of Honduras, were each charged in separate indictments with Misuse of Social Security Number, a violation of Title 42, United States Code, Section 408(a)(7)(B). The maximum penalty each defendant could receive is a fine of $250,000.00 and/or five (5) years imprisonment. The case was investigated by agents of ICE-Homeland Security Investigations and the Department of Labor and is assigned to Assistant United States Attorney David C. Stephens of the Greenville office for prosecution.
The United States Attorney stated that all charges in these indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Oconee Woman Pleads Guilty to Meth ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Tabitha A. Hammond, age 37, of Seneca, pled guilty to possession with the intent to distribute methamphetamine, a violation of Title 21, United States Code, Section 841. United States District Judge Donald C. Coggins, of Spartanburg, accepted the guilty plea and will sentence Hammond after he has a chance to review the Presentence Report prepared by the United States Probation Office.
Evidence presented at the change of plea hearing established that on August 8, 2017, an Oconee County deputy sheriff was patrolling in the Fair Play area when he observed a vehicle turn without signaling and then turn quickly into a residence before he could initiate a traffic stop. The vehicle stopped at the residence for just a few minutes and resumed travel. Upon observing a defective break light, he initiated a traffic stop. There were four persons in the car and no one had a valid license with them. The deputy observed much suspicious behavior to include extreme nervousness, attempts to hide the contents of various bags, and one passenger giving indications of flight. The deputy received consent to search from the driver and located more than five pounds of methamphetamine in a bag belonging to Hammond. After being given her Miranda warnings, Hammond admitted to engaging in drug trafficking activity.
Ms. Lydon stated the maximum penalty Hammond can receive is a fine of $20,000,000 and/or imprisonment for life, plus a special assessment of $100.
This case was investigated by the Oconee County Sheriff’s Office and the federal Drug Enforcement Administration. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
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South Carolina Teen Convicted for Attempting to Join ISISRead the Press Release
WASHINGTON – Zakaryia Abdin, 19, of Ladson, South Carolina, pleaded guilty today to attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Sherri A. Lydon for the District of South Carolina and Special Agent in Charge Jody Norris of the FBI’s Columbia Division made the announcement. Abdin appeared before U.S. District Court Judge Richard M. Gergel.
“Abdin’s attempt to provide material support to ISIS by traveling overseas put American lives at risk,” said Assistant Attorney General Demers. “That is unacceptable, and I applaud the dedicated agents and prosecutors who stopped him and have achieved this successful outcome.”
“The most important job of government is protecting the people of the United States from harm, whether it comes from criminals or terrorists,” said U.S. Attorney Lydon. “This case is an example of law enforcement doing exactly that. The threat to our safety continues to be very real. The JTTF did a great job in preventing this defendant from joining ISIS. He wanted to fight as a soldier committing acts of terror for ISIS and he didn’t care where he fought.” U.S. Attorney Lydon commended the intense work of Charleston’s Joint Terrorism Task Force and noted that this is the first conviction for a person attempting to provide material support to a terrorist organization in the District of South Carolina.
“Once again, the Joint Terrorism Task Force has uncovered, investigated and prevented terrorist activity with roots in South Carolina” said Special Agent in Charge Norris. “These results are made possible by the coordinated efforts of our federal, state and local partners, who are committed to sharing information and resources to protect our communities.”
The FBI arrested the defendant at the Charleston International Airport on March 30, 2017 when he attempted to board an airplane in order to travel overseas. The defendant’s intent was to travel overseas in order to provide material support or resources to ISIS.
Abdin began his efforts on Jan. 3, 2017, when he created a social media account to attempt to join ISIS. On Jan. 20, 2017, Abdin visited the FBI in Mount Pleasant, South Carolina to meet with a special agent from the Joint Terrorism Task Force. During this interview, the special agent advised Abdin about the FBI’s role in conducting counterterrorism investigations and outlined for him various statutory definitions. The special agent also provided the definitions for terrorism and specifically told Abdin that ISIS was a designated foreign terrorist organization and that it was illegal to give any foreign terrorist organization any form of material support, including personnel.
After that date, Abdin began to seek a handler to get him overseas to Syria or Egypt to make contact with ISIS. Unbeknownst to him, he ended up making contact with an undercover FBI employee. Abdin believed this person was affiliated with ISIS. These communications continued up until he was arrested.
Abdin had extensive communications with the FBI employee. During the course of these on line conversations, Abdin expressed continued loyalty to ISIS. He said he had given a pledge of loyalty to the Caliphate in 2014 and provided a video of a new pledge to Commander Abu Baker al Baghdadi, the self-proclaimed leader of ISIS or the Caliphate, in which he pledged to “wage jihad against the enemy of Allah.”
Abdin also indicated that he wished to join the Caliphate and requested to serve in combat. He stated that he was proficient with various weapons, including AK’s, SKS rifles, and pistols. He also asserted that he was well prepared, knew how to shoot, and had experience with and was reliable in close combat. He not only talked of joining jihad, he also purchased weapons, including an SKS rifle, modifying it to expand its capacity from a 10 round magazine to a 30 round magazine. Abdin practiced with an AK at a local gun store, and with an SKS and a 9mm at a local outdoor shooting range outside of Charleston.
Abdin took a picture of himself carrying the 9mm in his waistband and took a picture of himself practicing shooting at night at the local outdoor range, and sent these to the undercover FBI employee.
Abdin undertook concrete steps to join the Caliphate and travel overseas to fight jihad. He applied for a passport. On March 22, 2017, the FBI was notified Abdin’s passport was delivered to his residence in Ladson. Later on the same date, Abdin sent a message to the undercover FBI employee to tell him to “let the brothers know I am coming very soon.”
On March 23, 2017, Abdin made flight reservations aboard a commercial airline departing Charleston with a final destination of Amman, Jordan. The date for travel was set for March 30, 2017 at approximately 7:30 PM. Shortly thereafter on March 23, 2017, Abdin communicated to the undercover FBI employee that he was scheduled to arrive in Amman, Jordan on April 1, 2017, at approximately 2:05 AM.
On March 30, 2017, at approximately 4:17 PM Abdin arrived at the Charleston International Airport with one piece of luggage and a carry-on backpack. Abdin proceeded to a commercial airline ticket counter where he provided the attendant with travel documents and received a boarding pass for international travel to Amman. Abdin then proceeded from the ticketing counter toward the Transportation Security Administration’s security screening area where he was arrested.
Abdin, a U.S. citizen, faces a statutory maximum sentence of 20 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. Any sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The case was investigated by Special Agents of the FBI’s Joint Terrorism Task Force. This case is being prosecuted by Trial Attorney Jennifer Burke of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Sean Kittrell of the District of South Carolina.
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South Carolina Teen Convicted for Attempting to Join ISISRead the Press Release
Zakaryia Abdin, 19, of Ladson, South Carolina, pleaded guilty today to attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Sherri A. Lydon for the District of South Carolina and Special Agent in Charge Jody Norris of the FBI’s Columbia Division made the announcement. Abdin appeared before U.S. District Court Judge Richard M. Gergel.
“Abdin’s attempt to provide material support to ISIS by traveling overseas put American lives at risk,” said Assistant Attorney General Demers. “That is unacceptable, and I applaud the dedicated agents and prosecutors who stopped him and have achieved this successful outcome.”
“The most important job of government is protecting the people of the United States from harm, whether it comes from criminals or terrorists,” said U.S. Attorney Lydon. “This case is an example of law enforcement doing exactly that. The threat to our safety continues to be very real. The JTTF did a great job in preventing this defendant from joining ISIS. He wanted to fight as a soldier committing acts of terror for ISIS and he didn’t care where he fought.” U.S. Attorney Lydon commended the intense work of Charleston’s Joint Terrorism Task Force and noted that this is the first conviction for a person attempting to provide material support to a terrorist organization in the District of South Carolina.
“Once again, the Joint Terrorism Task Force has uncovered, investigated and prevented terrorist activity with roots in South Carolina” said Special Agent in Charge Norris. “These results are made possible by the coordinated efforts of our federal, state and local partners, who are committed to sharing information and resources to protect our communities.”
The FBI arrested the defendant at the Charleston International Airport on March 30, 2017 when he attempted to board an airplane in order to travel overseas. The defendant’s intent was to travel overseas in order to provide material support or resources to ISIS.
Abdin began his efforts on Jan. 3, 2017, when he created a social media account to attempt to join ISIS. On Jan. 20, 2017, Abdin visited the FBI in Mount Pleasant, South Carolina to meet with a special agent from the Joint Terrorism Task Force. During this interview, the special agent advised Abdin about the FBI’s role in conducting counterterrorism investigations and outlined for him various statutory definitions. The special agent also provided the definitions for terrorism and specifically told Abdin that ISIS was a designated foreign terrorist organization and that it was illegal to give any foreign terrorist organization any form of material support, including personnel.
After that date, Abdin began to seek a handler to get him overseas to Syria or Egypt to make contact with ISIS. Unbeknownst to him, he ended up making contact with an undercover FBI employee. Abdin believed this person was affiliated with ISIS. These communications continued up until he was arrested.
Abdin had extensive communications with the FBI employee. During the course of these on line conversations, Abdin expressed continued loyalty to ISIS. He said he had given a pledge of loyalty to the Caliphate in 2014 and provided a video of a new pledge to Commander Abu Baker al Baghdadi, the self-proclaimed leader of ISIS or the Caliphate, in which he pledged to “wage jihad against the enemy of Allah.”
Abdin also indicated that he wished to join the Caliphate and requested to serve in combat. He stated that he was proficient with various weapons, including AK’s, SKS rifles, and pistols. He also asserted that he was well prepared, knew how to shoot, and had experience with and was reliable in close combat. He not only talked of joining jihad, he also purchased weapons, including an SKS rifle, modifying it to expand its capacity from a 10 round magazine to a 30 round magazine. Abdin practiced with an AK at a local gun store, and with an SKS and a 9mm at a local outdoor shooting range outside of Charleston.
Abdin took a picture of himself carrying the 9mm in his waistband and took a picture of himself practicing shooting at night at the local outdoor range, and sent these to the undercover FBI employee.
Abdin undertook concrete steps to join the Caliphate and travel overseas to fight jihad. He applied for a passport. On March 22, 2017, the FBI was notified Abdin’s passport was delivered to his residence in Ladson. Later on the same date, Abdin sent a message to the undercover FBI employee to tell him to “let the brothers know I am coming very soon”
On March 23, 2017, Abdin made flight reservations aboard a commercial airline departing Charleston with a final destination of Amman, Jordan. The date for travel was set for March 30, 2017 at approximately 7:30 PM. Shortly thereafter on March 23, 2017, Abdin communicated to the undercover FBI employee that he was scheduled to arrive in Amman, Jordan on April 1, 2017, at approximately 2:05 AM.
On March 30, 2017, at approximately 4:17 PM Abdin arrived at the Charleston International Airport with one piece of luggage and a carry-on backpack. Abdin proceeded to a commercial airline ticket counter where he provided the attendant with travel documents and received a boarding pass for international travel to Amman. Abdin then proceeded from the ticketing counter toward the Transportation Security Administration’s security screening area where he was arrested.
Abdin, a U.S. citizen, faces a statutory maximum sentence of 20 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. Any sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The case was investigated by Special Agents of the FBI’s Joint Terrorism Task Force. This case is being prosecuted by Trial Attorney Jennifer Burke of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Sean Kittrell of the District of South Carolina.
Myrtle Beach Man Goes to Trial on Federal Drug and Weapons Charges - Pleads Guilty at Close of Government's CaseRead the Press Release
Florence, South Carolina --- United States Attorney Sherri A. Lydon announced today that Frederick Julien Augustine, a/k/a “Cowboy,” age 42, of Mullins, South Carolina, entered a mid-trial guilty plea to possession with the intent to distribute more than 500 grams of cocaine, more than 28 grams of crack cocaine, and quantities of heroin, methamphetamine, and marijuana. In addition, he pled guilty to possessing a firearm in furtherance of a drug trafficking crime. Augustine had previously been convicted of Assault and Battery with Intent to Kill, Distribution of Crack Cocaine, Burglary (2nd Degree), and Possession of a Weapon during a Crime of Violence. Augustine’s plea subjects him to a statutory mandatory sentence of 180 months of incarceration.
The Government’s evidence showed that on October 26, 2017, officers of the Myrtle Beach Police Department Street Crimes Unit, assisted by a Task Force Officer of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), executed a search warrant on a Myrtle Beach apartment after observing Augustine leave alone. Inside the apartment, officers located approximately 641 grams of cocaine, 49 grams of crack cocaine, 59 grams of heroin, and 27 grams of methamphetamine, all hidden with arm’s reach of a loaded .357 Magnum revolver and additional ammunition. Officers additionally seized more than $11,000 in suspected drug proceeds hidden in a safe with more than ½ kilogram of cocaine, and downloaded several surveillance cameras that had been set up at the apartment. ATF’s analysis of the cameras confirmed that Augustine was at the apartment for weeks leading up to the execution of the warrant, and that he was the last person the leave before the search was conducted. Augustine was arrested on a traffic stop while the search warrant was being executed. He was in possession of $3,000 in additional suspected drug proceeds. Augustine pled guilty after the Government presented its evidence to the jury.
Assistant United States Attorney Everett McMillan of the Florence office handled the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Myrtle Beach Police Department and prosecuted as part of the joint federal, state and local Operation “Real Time,” which seeks to fast track armed recidivists for federal prosecution. Operation “Real Time” is a part of the Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Augustine has been in continuous custody since his arrest on October 26, 2017, and he will remain in custody until he serves out his federal sentence.
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Leader and Other Members of Multi-State Drug Trafficking Organization Sentenced in Federal CourtRead the Press Release
Columbia, South Carolina --- United States Attorney Sherri A. Lydon announced today that Joshua Peace, age 30, mother of Joshua Peace, Susan Peace, age 63, Brian Harper, age 34, and Regina Kinard, age 42, were sentenced in federal court. Joshua Peace, Kinard, and Harper pled guilty to participating in a drug conspiracy involving more than 500 grams of methamphetamine, and received sentences of 15 years imprisonment, 12 years imprisonment, and 11 years imprisonment respectively. Susan Peace pled guilty to using a telephone to facilitate a drug trafficking crime, and she received a sentence of 5 years’ probation with electronic monitoring and a curfew.
Assistant United States Attorney Andy Moorman told the Court during the sentencing hearings that Joshua Peace, with the help of his mother, Susan Peace, Kinard, Harper, and others facilitated the distribution of approximately $1.2 million in methamphetamine in the Upstate of South Carolina and elsewhere. Peace would send couriers to meet with sources of supply for methamphetamine in Northern Georgia. These couriers would purchase kilogram quantities of methamphetamine and return to the Upstate of South Carolina, typically Anderson, South Carolina. Once there, the methamphetamine would be dispersed among local distributors, who would sell the methamphetamine and return the proceeds to Josh Peace. During the course of the investigation and prosecution, federal agents and local law enforcement seized in excess of $600,000 in U.S. Currency, seven automobiles, and other property that conspirators bought with drug proceeds.
The Drug Enforcement Administration, the Internal Revenue Service Criminal Investigation Division, the Anderson County Sheriff’s Office, the Anderson Police Department, and the Franklin County (GA) Sheriff’s Office investigated the case.
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Florence Resident Sentenced in Federal Court for Manufacturing and Passing Counterfeit MoneyRead the Press Release
Columbia, South Carolina ---- Sherri A. Lydon stated today that Gary Jerome Smart, age 26, of Florence, South Carolina, was sentenced in federal court in Florence for conspiracy to manufacture and pass counterfeit money, a violation of Title 18, United States Code, Section 371. United States District Judge Bryan Harwell, of Florence, sentenced Smart to 20 months’ imprisonment followed by 3 years of supervised release.
The evidence presented at the guilty plea hearing established that Smart was involved in a conspiracy to manufacture and pass counterfeit $100 and $50 bills in multiple states including South Carolina and North Carolina. This conspiracy, which began in 2015, included at least nine codefendants who were responsible for producing and passing over $100,000 in counterfeit money.
Smart was directly involved in making counterfeit at various locations, including residences in Florence. In January 2017, he also passed counterfeit $100 bills at businesses in Greenville and Spartanburg, South Carolina.
The case was investigated by agents of United States Secret Service with the assistance of the Florence County Sheriff’s Office and the Florence Police Department. Assistant United States Attorney A. Bradley Parham of the Florence office prosecuted the case.
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Darlington Man Sentenced to 121 Months in Federal Prison on Robbery and Gun ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Kenneth Eric Coe, Jr. a/k/a “Junior,” age 24, of Darlington, SC, was sentenced in federal court in Florence, South Carolina, for aiding and abetting Robbery of United States Government Property and aiding and abetting the Use of and Brandishing a Firearm During and in Furtherance of a Crime of Violence. United States District Judge R. Bryan Harwell, of Florence, sentenced Coe to 121 months in federal prison with 5 years of supervised release to follow along with $400.00 in restitution to be paid to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The evidence presented at the guilty plea hearing established that on March 29, 2017, Coe along with another individual robbed a person having lawful charge, custody, and control of $400.00 belonging to the Bureau of Alcohol, Tobacco, Firearms and Explosives by use of a firearm. At the hearing, the agent presented evidence that during the robbery, a firearm was pointed at the victim in order to force the victim to give up the cash.
The case was investigated by agents of ATF, the Darlington County Sheriff’s Office, and the Hartsville Police Department and was prosecuted as part of the joint federal, state and local Project CeaseFire, which aggressively prosecutes firearm cases. Assistant United States Attorneys Lauren Hummel of the Florence office and J.D. Rowell and William Lewis of the Columbia office handled the case.
Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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Former Department of Juvenile Justice Lieutenant Sentenced on Civil Rights ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that United States District Judge Mary Geiger Lewis sentenced Nicole Jenice Samples, age 36, of Columbia, to one year incarceration as a result of her conviction for deprivation of civil rights, in violation of Title 18, United States Code, Sections 242.
Evidence presented in court established that that on January 1, 2017, Nicole Jenice Samples directed the use of excessive force as punishment for two juveniles housed at the South Carolina Department of Juvenile Justice (DJJ). In response to juveniles making noise, Samples, a Lieutenant at DJJ, ordered two of her subordinate correctional officers to apply mechanical restraints to the two juveniles, directing that the leg restraints be connected to the hand restraints, a practice known as “hogtying.” Samples oversaw the application of the restraints on both juveniles. At Samples’ direction, the juveniles were left in the hogtied position for over two hours as punishment and suffered pain. DJJ policy forbids the use of restraints as punishment and specifically forbids the practice of “hogtying.” A DJJ surveillance camera captured one of the two juveniles being hogtied and left alone for hours. Following the hogtying event, Samples directed her subordinates to falsify reports related to the use of force incident.
United States Attorney Sherri A. Lydon had this to say, “Being entrusted with a position of power comes with both honor and responsibility. That responsibility must not be abused. Our office is committed to addressing any willful wrongdoing taking place in our state’s prisons and detention centers. This conviction sends a message to those who choose to abuse their authority.”
This case was investigated by the Federal Bureau of Investigation and the South Carolina Law Enforcement Division (SLED) at the request of, and with the assistance of, DJJ Director Freddie Pough. Assistant United States Attorney Alyssa Leigh Richardson of the Columbia office handled the case.
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Early Autism Project, Inc., South Carolina's Largest Provider of Behavioral Therapy for Children with Autism, Pays the United States $8.8 Million to Settle Allegations of FraudRead the Press Release
COLUMBIA, SC – The United States Attorney’s Office for the District of South Carolina announced today that Early Autism Project, Inc. (“EAP”) has paid the United States $8,833,615 to resolve a False Claims Act investigation that it submitted false claims to the TRICARE and the South Carolina Medicaid programs for therapy services for children with autism. EAP is South Carolina’s largest provider of intensive behavioral treatment to children with autism, known as Applied Behavioral Analysis (“ABA”) therapy. TRICARE is the federal health insurance program for active and retired military members and their families, while South Carolina Medicaid provides health benefits to qualifying low-income residents of South Carolina.
The settlement announced today resolves allegations that EAP billed TRICARE and South Carolina’s Medicaid program for ABA therapy services for children with autism that either misrepresented the services provided or where the services were not provided at all. As it relates to Medicaid’s PDD Waiver, EAP devised a program that required its therapists to reserve an allotment of billable time each week or month so that EAP could bill Medicaid for positions called Regional Lead and Regional Coordinator. The United States contends that these Regional Leads and Regional Coordinators were not actively working with the child from whom the hours were deducted, but rather, the EAP-devised program was designed to maximize profits by billing Medicaid for administrative and management functions of the company. Medicaid does not pay for therapy services by individuals who are not actively working with the child for whom the therapy is billed. The United States also contends that EAP allowed its therapists to regularly “pad” the hours it billed for therapy services to the TRICARE program and to South Carolina Medicaid, such that these programs regularly paid for therapy services that were not provided.
“Companies that commit to providing intensive behavioral treatment to children with autism, at a pivotal time of that child’s development, should be held accountable if they do not provide the services, but nevertheless request payment for those services,” said Barbara Bowens, Acting United States Attorney for this case and Civil Chief for the United States Attorney’s Office for the District of South Carolina. “The United States Attorney’s Office is committed to protecting the federally-funded programs that make it possible for children with special needs to receive these vital services.”
The civil investigation arose from a lawsuit filed by a former employee of EAP, Olivia Zeigler, under the whistleblower provisions of the False Claims Act. Under the act, private citizens can bring suit on behalf of the government for false claims and share in any recovery. Ms. Zeigler will receive $435,000.
As part of the settlement announced today, EAP, and its parent company, ChanceLight, Inc. have also entered into a Corporate Integrity Agreement with the Department of Health and Human Services, Office of Inspector General (HHS-OIG), which seeks to ensure future corporate compliance by requiring internal compliance reforms, including hiring an independent review organization to conduct annual claims reviews.
“That the State’s largest service provider for autistic children would defraud government health programs is compounded only by their billing at the expense of taxpayers for misrepresented or nonexistent services—as alleged here,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue to work with our law enforcement partners to protect vulnerable patients and preserve government health programs.”
“This settlement demonstrates the commitment of the Defense Criminal Investigative Service (“DCIS”) and our law enforcement partners to ensuring that medical service providers are held accountable when they submit false bills and divert taxpayer funds. DCIS protects the integrity of Defense Department programs by rooting out fraud, waste, and abuse that negatively affects critical programs such as TRICARE,” said Special Agent in Charge Robert Craig, DCIS Mid-Atlantic Field Office.
This case was handled by Assistant United States Attorney Beth Warren, HHS-OIG, DCIS, and the Medicaid Fraud Control Unit of the South Carolina Attorney General’s Office.
The litigation and settlement of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
The claims resolved by this settlement are allegations only, and there has been no determination of liability. The case is captioned United States ex rel. Zeigler v. South Carolina Early Autism Project, Inc., No. 3:15-cv-2750-MBS (D.S.C., filed July 11, 2015).
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Charleston Felon Sentenced to 30 Months Imprisonment for Firearms and Marijuana Distribution ChargesRead the Press Release
Charleston, South Carolina---- United States Attorney Sherri A. Lydon stated that Charles Baldwin Wilson, age 36, of Charleston, was sentenced in federal court in Charleston for Possession of Firearms by a Convicted Felon, and Possession with Intent to Distribute Marijuana, in violation of Title 18 U.S.C. § 922(g) and Title 21 U.S.C. § 841(b)(1)(D). United States District Judge Richard M. Gergel, of Charleston, sentenced Wilson to 30 months imprisonment, 2 years supervised release to include 12 months of home confinement, a fine of $25,000, a special assessment of $200, and forfeiture of firearms and $21,473.38.
Evidence presented at the change of plea and sentencing hearing established that on November 16, 2015, Charleston County Sheriff’s Office executed a search warrant at Wilson’s residence. Law enforcement found multiple rooms in the home dedicated to a sophisticated marijuana growing operation, along with seven firearms. Wilson had a prior conviction for Possession with Intent to Distribute Marijuana from 2006, and was prohibited from possessing a firearm. Further investigation revealed that Wilson made multiple trips to Colorado to further his multi-year drug trafficking operation.
The case was investigated by U.S. Postal Inspection Service and Charleston County Sheriff’s Office. Assistant United States Attorneys Jamie Lea Schoen was assigned to the case.
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West Columbia Man Sentenced to 14 Years on Federal Firearm and Drug ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Jwain Dennis Francis, a/k/a “Love,” age 28, of West Columbia, was sentenced in federal court to a total of 168 months imprisonment with 3 years of supervised release to follow. Earlier this year, Francis plead guilty to being a felon in possession of a firearm and ammunition and to possession with intent to crack cocaine and cocaine, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e) and Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C). Chief United States District Judge Terry L. Wooten, of Columbia, imposed the sentence, which consisted of the maximum 120 months (10 years) imprisonment on the firearm charge and 168 months (14 years) imprisonment on the drug charge, both to run concurrently.
Evidence presented in court established that in late 2016, the West Columbia Police Department received information that an individual nicknamed “Love” was selling crack cocaine in the area of Gentle Pine Apartments. A confidential informant was able to purchase crack cocaine from “Love” on two separate occasions in November 2016, and law enforcement determined through photo line-ups that “Love” was Francis. On December 1, 2016, officers arrested Francis on state drug charges and executed a search warrant at his residence. Inside the residence, officers recovered baggies of cocaine and crack cocaine, along with scales and $3,305. Officers also recovered a 9mm handgun and 9mm ammunition. Francis admitted that he bought and sold crack cocaine and cocaine.
Francis is prohibited under federal law from possessing firearms and ammunition based upon his prior separate South Carolina state convictions for strong arm robbery (2007), indecent exposure (two counts)(2014), and strong arm robbery (2014). Francis was determined to be a career offender for purposes of sentencing based upon his extensive prior record.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the West Columbia Police Department and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
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Summerville Man Sentenced to Prison for Wire Fraud and Identity TheftRead the Press Release
Columbia, South Carolina---- United States Attorney Sherri Lydon stated today that John Scott Jarrett, age 46, of Summerville, was sentenced in federal court in Charleston, South Carolina, for Wire Fraud and Identity Theft. United States District Judge Richard M. Gergel, of Charleston, sentenced Jarrett to 60 months imprisonment and 3 years Supervised Release.
Evidence in this case established that from 2012 through 2017, Jarrett embezzled more than $810,000 from his employer. Jarrett was the financial comptroller of an audio and video consulting firm in Charleston. To execute the scheme, Jarrett wrote $512,129 in checks from his employer’s company that were made payable to his wife’s maiden name. Jarrett made these checks appear as payments to a vendor of his company, and he used the signature stamp of his employer to forge the checks.
Jarrett also embezzled approximately $300,000 from his company to pay his personal American Express bills. He paid these American Express bills via interstate wires.
In addition to the wire fraud, Jarrett stole the identifying information of his employer and forged his signature to obtain fraudulent loans from various Internet lenders.
Agents from the Federal Bureau of Investigation (FBI) investigated the case. Assistant United States Attorney Rhett DeHart of the Charleston office prosecuted the case.
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Mount Pleasant Speech Therapist Convicted of Health Care Fraud and Aggravated Identity TheftRead the Press Release
Charleston, South Carolina---- Following a four-day trial before U.S. District Judge Richard Gergel, a federal jury convicted Gena Randolph, 44, of Mount Pleasant, of committing a $2 million health care fraud scheme, announced United States Attorney Sherri A. Lydon.
Randolph was convicted of one count of Health Care Fraud, one count of Aggravated Identity Theft, and four counts of Making False Statements Relating to Health Care Matters. Randolph could be sentenced up to 10 years in federal prison on the Health Care Fraud count and up to five years on the False Statement counts, which will be in addition to a mandatory sentence of two years for the count of Aggravated Identity Fraud.
According to evidence presented at trial, Randolph was excluded from Medicaid and Medicare after her 2012 conviction for Filing False Claims with the South Carolina Medicaid Program. As an excluded person, she was prohibited from working for any provider to perform services paid for, in whole or in part, by Medicare and Medicaid.
Over the course of the trial, the Government presented evidence showing that Randolph disguised her ownership and control over Palmetto Speech and Language Associates and Per Diem Healthcare Services, both of which were submitting claims to Medicare and Medicaid. As part of the health care fraud scheme, Randolph submitted claims both for speech therapy services that either were provided by other speech therapists and for services that were never rendered at all. In addition to hearing from the speech therapists in whose names Randolph submitted fraudulent claims, the jury was presented with evidence showing that Randolph submitted claims for services to beneficiaries who were dead.
U.S. Attorney Lydon stated, “This case is a great example of the coordinated efforts of the South Carolina Attorney General’s office and the U.S. Attorney’s office to combat health care fraud. Cases like this send the message to all health care providers that we are committed to stamping out fraud in our state.”
"It is reprehensible that one would steal from federal health care programs intended to serve our country’s most vulnerable population,” said Derrick Jackson, Special Agent in Charge for the Department of Health and Human Services Office of Inspector General. “We will continue to work with our law enforcement partners to bring these criminals to justice.”
The case was investigated by Special Investigator Chris Radcliff of the Medicaid Fraud Control Unit of the South Carolina Attorney General’s office and Special Agent Chris Lott with the United States Department of Health and Human Services – Office of Inspector General. The case was prosecuted by Nancy Cote, Senior Assistant Deputy Attorney General and Director of the Medicaid Fraud Control Unit, and Assistant United States Attorney Matt Austin of the Charleston office.
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Gaffney Man Sentenced to Five Years in Federal Prison for Theft of Government FundsRead the Press Release
Columbia, South Carolina –------- United States Attorney Sherri A. Lydon announced today that James Littlejohn, age 66, of Gaffney, South Carolina, was sentenced for two counts of theft of United States government funds in violation of Title 18, United States Code, Section 641. Senior United States District Judge Henry M. Herlong, Jr., sentenced Littlejohn to serve five years in prison to be followed by three years of supervised release. Additionally, Littlejohn was ordered to pay restitution in the amount of $220,958.00.
At the guilty plea hearing on April 24, 2018, Assistant United States Attorney David C. Stephens advised the Court of the following facts. In February 2013 the Internal Revenue Service (IRS) received two Form 1040 Individual Income Tax Returns bearing Mr. Littlejohn’s name, address and Social Security Number. Each showed a large income with various deductions entitling Mr. Littlejohn to a refund for tax year 2011 of $98,261.44 and a refund for tax year 2012 of $122,696.56. Two checks in these amounts were sent to Mr. Littlejohn who cashed same and converted the funds to his own use. It was later learned that the Form 1040s were bogus and that Mr. Littlejohn was not entitled to the claimed refunds.
United States Attorney Lydon stated that the case had been investigated and prosecuted by Assistant United States Attorney Jaime Raich of the Southern District of Florida and Assistant United States Attorney David C. Stephens of the District of South Carolina, Greenville office.
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Columbia Man Pleads to Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Corey F. Kitt, age 38, of Columbia, plead guilty in federal court to knowingly using and carrying a firearm during and in relation to, and possessing a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c). Chief United States District Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose a sentence after he has reviewed the presentence report, which will be prepared by the United States Probation Office.
Evidence presented in court established that on December 4, 2017, deputies with the Richland County Sheriff’s Department responded to Old Hopkins Road and Garners Ferry Road in reference to a subject sleeping behind the wheel of a truck while it was running and in drive on the roadway. Deputies found the driver to be Kitt, detected the odor of alcohol, and determined that Kitt, who did not have a driver’s license in his possession, was actually under suspension. Deputies also located a passenger asleep in the truck and upon speaking with her, they learned that there was possibly a shotgun in the back of the truck. Deputies searched the truck and found a loaded Glock handgun and a loaded 12 gauge shotgun. Further investigation revealed Kitt’s DNA on the handgun. Deputies also found methamphetamine and heroin inside the truck. Kitt admitted possession of the handgun and the drug.
Kitt faces a statutory mandatory 5 years imprisonment and a maximum of life, a fine of $250,000, and 5 years of supervised release. Kitt has prior convictions in state court, which prohibit him from possessing firearms and ammunition.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Richland County Sheriff’s Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney William K. Witherspoon of the Columbia office handled the case.
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Columbia Man Pleads to Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Rondell Lakevis Waiters, age 35, of Columbia, plead guilty in federal court to being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1). Chief United States District Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose a sentence after he has reviewed the presentence report, which will be prepared by the United States Probation Office.
Evidence presented in court established that on April 11, 2018, deputies with the Richland County Sheriff’s Department executed a lawful search warrant on a hotel room in Columbia after making an undercover buy of narcotics from that location. During execution of the search warrant, deputies encountered Waiters and recovered two firearms inside the hotel room. After advise of rights, Waiters admitted possession of one of the firearms. Waiters is prohibited under federal law from possessing firearms and ammunition based upon his prior state drug convictions.
Waiters faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the firearm charge. However, if he is deemed an armed career criminal based upon his extensive prior record, he faces a statutory mandatory minimum 15 years imprisonment with a maximum of life, a fine of $250,000, and 5 years of supervised release.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Richland County Sheriff’s Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney William K. Witherspoon of the Columbia office handled the case.
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Columbia Man Pleads to Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Rondell Lakevis Waiters, age 35, of Columbia, plead guilty in federal court to being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1). Chief United States District Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose a sentence after he has reviewed the presentence report, which will be prepared by the United States Probation Office.
Evidence presented in court established that on April 11, 2018, deputies with the Richland County Sheriff’s Department executed a lawful search warrant on a hotel room in Columbia after making an undercover buy of narcotics from that location. During execution of the search warrant, deputies encountered Waiters and recovered two firearms inside the hotel room. After advise of rights, Waiters admitted possession of one of the firearms. Waiters is prohibited under federal law from possessing firearms and ammunition based upon his prior state drug convictions.
Waiters faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the firearm charge. However, if he is deemed an armed career criminal based upon his extensive prior record, he faces a statutory mandatory minimum 15 years imprisonment with a maximum of life, a fine of $250,000, and 5 years of supervised release.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Richland County Sheriff’s Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney William K. Witherspoon of the Columbia office handled the case.
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Columbia Man Pleads to Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Rondell Lakevis Waiters, age 35, of Columbia, plead guilty in federal court to being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1). Chief United States District Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose a sentence after he has reviewed the presentence report, which will be prepared by the United States Probation Office.
Evidence presented in court established that on April 11, 2018, deputies with the Richland County Sheriff’s Department executed a lawful search warrant on a hotel room in Columbia after making an undercover buy of narcotics from that location. During execution of the search warrant, deputies encountered Waiters and recovered two firearms inside the hotel room. After advise of rights, Waiters admitted possession of one of the firearms. Waiters is prohibited under federal law from possessing firearms and ammunition based upon his prior state drug convictions.
Waiters faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the firearm charge. However, if he is deemed an armed career criminal based upon his extensive prior record, he faces a statutory mandatory minimum 15 years imprisonment with a maximum of life, a fine of $250,000, and 5 years of supervised release.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Richland County Sheriff’s Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney William K. Witherspoon of the Columbia office handled the case.
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3M Company Agrees to Pay $9.1 Million to Resolve Allegations that It Supplied the United States with Defective Dual-Ended Combat Arms EarplugsRead the Press Release
COLUMBIA, South Carolina ---- United States Attorney for the District of South Carolina Sherri Lydon, in conjunction with the Civil Division of the United States Department of Justice (DOJ), announced today that the 3M Company (3M), headquartered in St. Paul, Minnesota, has agreed to pay $9.1 million to resolve allegations that it knowingly sold dual-ended combat arms earplugs to the United States military without disclosing defects that hampered the effectiveness of the hearing protection devices.
The settlement announced today resolves allegations that 3M violated the False Claims Act by selling or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, the United States alleged that 3M, and its predecessor, Aearo Technologies, Inc., knew that its Combat Arms Earplugs, Version 2, were too short for proper insertion into users’ ears and that the earplugs could loosen imperceptibly and therefore did not perform well for certain individuals. The United States further alleged that 3M did not disclose this design defect to the military.
“Today’s settlement demonstrates our continuing vigilance to protect the men and women serving in the United States military from defective or fraudulent products,” said Acting Assistant Attorney General Chad A. Readler of the Department’s Civil Division. “Government contractors who seek to profit at the expense of our military will face appropriate consequences.”
“Through rigorous enforcement of the False Claims Act, we protect taxpayer dollars from waste, fraud, and abuse,” said U. S. Attorney Sherri Lydon. “And in this case in particular, we are proud to defend the integrity of our military programs and ensure that our men and women in uniform are adequately protected as they serve our country.”
“Today’s settlement will ensure that those who do business with the government know that their actions will not go unnoticed,” said Frank Robey, director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit. “Properly-made safety equipment, for use by our Soldiers, is vital to our military’s readiness. Our agents will respond robustly to protect the safety of our military.”
“This settlement demonstrates the commitment of the Defense Criminal Investigative Service and our law enforcement partners to hold companies accountable for supplying substandard products, in particular products that could directly impact our service members’ health and welfare. DCIS protects the integrity of Defense Department programs by rooting out fraud, waste, and abuse that negatively affect the wellbeing of our troops,” said Special Agent in Charge Robert E. Craig, Jr., DCIS Mid-Atlantic Field Office.
The allegations resolved by the settlement were brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act. The act permits private parties to sue on behalf of the government when they believe that defendants submitted false claims for government funds and to share in any recovery. As part of today’s resolution, the whistleblower will receive $1,911,000.
The settlement was the result of a coordinated effort by the Civil Division of the Department of Justice and the United States Attorney’s Office for the District of South Carolina, with support from the Department of Defense. The settlement was handled by Assistant United States Attorneys Stan Ragsdale and Brook Andrews and DOJ Trial Attorney Brandie Weddle. The case was investigated by Special Agent Jennifer Coleman of the U.S. Army Criminal Investigation Command and Special Agent Gil Rosen of the Defense Criminal Investigative Service.
The case is captioned United States ex rel. Moldex-Metric v. 3M Company, Case No. 3:16-cv-1533-MBS (D.S.C.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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3M Company Agrees to Pay $9.1 Million to Resolve Allegations That it Supplied the United States with Defective Dual-Ended Combat Arms EarplugsRead the Press Release
The Department of Justice announced today that 3M Company (3M), headquartered in St. Paul, Minnesota, has agreed to pay $9.1 million to resolve allegations that it knowingly sold the dual-ended Combat Arms Earplugs, Version 2 (CAEv2) to the United States military without disclosing defects that hampered the effectiveness of the hearing protection device.
“The Department of Justice is committed to protecting the men and women serving in the United States military from defective products and fraudulent conduct,” said Acting Assistant Attorney General Chad A. Readler of the Department’s Civil Division. “Government contractors who seek to profit at the expense of our military will face appropriate consequences.”
“Through rigorous enforcement of the False Claims Act, we protect taxpayer dollars from waste, fraud, and abuse,” said U. S. Attorney Sherri Lydon for the District of South Carolina. “And in this case in particular, we are proud to defend the integrity of our military programs and ensure that our men and women in uniform are adequately protected as they serve our country.”
"Today's settlement will ensure that those who do business with the government know that their actions will not go unnoticed," said Frank Robey, director of the U.S. Army Criminal Investigation Command's Major Procurement Fraud Unit. "Properly made safety equipment, for use by our Soldiers, is vital to our military's readiness. Our agents will respond robustly to protect the safety of our military."
“This settlement demonstrates the commitment of the Defense Criminal Investigative Service and our law enforcement partners to hold companies accountable for supplying substandard products, in particular products that could directly impact our service members’ health and welfare. DCIS protects the integrity of Defense Department programs by rooting out fraud, waste, and abuse that negatively affect the wellbeing of our troops,” said Special Agent in Charge Robert E. Craig, Jr., DCIS Mid-Atlantic Field Office.
The settlement announced today resolves allegations that 3M violated the False Claims Act by selling or causing to be sold defective earplugs to the Defense Logistics Agency. Specifically, the United States alleged that 3M, and its predecessor, Aearo Technologies, Inc., knew the CAEv2 was too short for proper insertion into users’ ears and that the earplugs could loosen imperceptibly and therefore did not perform well for certain individuals. The United States further alleged that 3M did not disclose this design defect to the military.
The allegations resolved by the settlement were brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act. The act permits private parties to sue on behalf of the government when they believe that defendants submitted false claims for government funds and to share in any recovery. As part of today’s resolution, the whistleblower will receive $1,911,000.
The settlement was the result of a coordinated effort by the Civil Division of the Department of Justice, the United States Attorney’s Office for the District of South Carolina, the Army Criminal Investigation Command, and the Defense Criminal Investigative Service.
The case is captioned United States ex rel. Moldex-Metric v. 3M Company, Case No. 3:16-cv-1533-MBS (D.S.C.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Upstate Man Pleads Guilty to Child Porn ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Keith D. Cook, age 38, of Greer, pled guilty in federal court in Spartanburg, to possession of child pornography, a violation of Title 18, United States Code, Section 2252A. United States District Judge Donald C. Coggins, of Spartanburg, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that on January 18, 2017, law enforcement conducted a search warrant at Cook’s home after receiving information that he was uploading child pornography to a mobile device. A search warrant was conducted at the home and Cook was located at his place of business. Law enforcement recovered Cook’s cell phone and located multiple images of children, some prepubescent, engaging in the lascivious display of the genitals. Cook was questioned and admitted to downloading the child pornography that led to the search warrant.
Ms. Lydon stated that because Cook has a prior conviction for possessing child pornography he is subject to a mandatory minimum sentence of 10 years. The maximum penalty Cook can receive is a fine of $250,000 and/or imprisonment for 20 years, supervised release of up to life, plus a special assessment of $100.
The case was investigated by agents with the Greenville County Sheriff’s Office and the Department of Homeland Security, Office of Investigations. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
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North Carolina Man Sentenced to 105 Months Imprisonment After Pleading Guilty to Being a Felon in Possession of a Firearm and Ammunition Stemming from Mall StandoffRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that James Jacob Parrish, Jr., age 36, of Fayetteville, North Carolina, was sentenced in federal court to 105 months imprisonment with 3 years of supervised release to follow. Parrish plead guilty last November to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Section 922(g)(1). Chief United States District Judge Terry L. Wooten imposed the sentence.
Evidence presented in court established that at approximately 8:00pm on Sunday, March 26, 2017, deputies with the Richland County Sheriff’s Department (“RCSD”) were dispatched to an alarm and shots fired call at Columbia Mall on Two Notch Road. The mall was closed at the time. Deputies located a vehicle registered to Parrish parked in the median of the mall parking lot with a flat front tire and noticed bullet holes in the glass door of the Sears Automotive Department with spent 9mm shell casings lying on the sidewalk in front of the door. Upon making entry into the Sears Automotive Department, deputies noticed an interior glass door had been shot out as well.
The RCSD’s Special Response Team (“SRT”) responded to the scene and ultimately located Parrish barricaded inside an interior room. SRT tried to negotiate with Parrish to surrender peacefully and during the negotiations, Parrish made threats to shoot the officers. After unsuccessful negotiations, SRT made entry into the room and encountered Parrish pointing a loaded Kahr 9mm handgun at them. SRT was able to safely apprehend Parrish and placed him under arrest. Parrish was transported to a local hospital for medical treatment for a foot injury he sustained when he fell through a ceiling while trying to escape detection. While at the hospital, Parrish attempted to take a handgun from a deputy on two separate occasions.
Parrish is prohibited under federal law from possessing firearms and ammunition based upon his prior North Carolina state convictions, which include possession of marijuana (2000), carrying a concealed weapon (2002), possession of stolen goods (2003), two separate counts of possession of cocaine (2003), possession with intent to distribute a counterfeit substance (2003), sell of cocaine (2003), and second degree murder/second degree kidnapping/attempted robbery with a deadly weapon/conspiracy to commit robbery with a deadly weapon (2005). Parrish was released on North Carolina parole in 2015.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) and the RCSD and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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Convicted Felon Sentenced to 188 Months in Federal Prison on Gun and Drug ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Justin Dewayne Barr, age 33, of Scranton, SC, was sentenced in federal court in Florence, South Carolina, for Felon in Possession of a Firearm and Possession with Intent to Distribute Cocaine, Cocaine Base, and Marijuana. United States District Judge R. Bryan Harwell, of Florence, sentenced Barr to 188 months in federal prison with 5 years of supervised release to follow, to run consecutive to a two-year federal supervised release revocation which Barr is currently serving.
The evidence presented at the guilty plea hearing established that on February 28, 2017, a deputy with the Florence County Sheriff’s Office observed a vehicle make an improper turn and then proceed through a red light. The deputy initiated a traffic stop on the vehicle. Upon making contact with the driver, Justin Barr, the deputy smelled an odor of marijuana emanating from the vehicle and asked Barr to step out. After exiting the vehicle, Barr ran, and a foot chase ensued. During the chase, Barr fought with the deputy and turned the deputy’s wrist, pressing the deputy’s taser into the deputy’s inner thigh while it was cycling and causing the deputy to be briefly incapacitated. Barr was taken into custody shortly thereafter. A search of Barr’s person revealed two bags of marijuana and just over $1,000 in cash. A search of the vehicle revealed a bag of cocaine, a bag of cocaine base, a set of digital scales, and a Smith and Wesson .40 caliber semi-automatic pistol, loaded with eleven rounds in the magazine and one in the chamber. The evidence presented also established that prior to his possession of the firearm, Barr had been convicted of a crime for which he could have received more than one year in prison.
The case was investigated by agents of ATF, the Florence County Sheriff’s Office, and the Lake City Police Department and was prosecuted as part of the joint federal, state and local Project CeaseFire, which aggressively prosecutes firearm cases. Assistant United States Attorney Lauren Hummel of the Florence office handled the case. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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Anderson County Man Sentenced for Making False Statements in a Federal Aviation Administration (FAA) InvestigationRead the Press Release
Columbia, South Carolina –------- United States Attorney Sherri A. Lydon announced today that Jeffery Michael Patterson, age 41, of Townville, South Carolina, was sentenced in Federal Court to three years’ probation for violation of Title 18, United States Code, Section 1001. The sentence was handed down by District Judge Timothy M. Cain.
The facts of the case are as follows. Patterson was employed at a local FAA approved airplane repair and service facility. During the course of a routine evaluation of employees Patterson represented that he had FAA certifications to do certain work on airplanes. The repair facility tried to verify this information through the FAA and were advised that Patterson held none of the certifications that he claimed to have. The matter was then referred to the Inspector General (I/G) of the Federal Department of Transportation (DOT) for investigation. I/G Special Agents interviewed Patterson and he made false statements to them to include the false statement that he had the FAA certifications but that they were under other names because his name had been changed numerous times by the Treasury department to protect his family from drug dealers who had been investigated by his father while working as a drug enforcement officer. At the guilty plea hearing, as well as at the sentencing hearing, Patterson admitted that this story was completely made up and bogus.
The case was prosecuted by Assistant United States Attorney David C. Stephens of the Greenville Office. United States Attorney Lydon commended Stephens, the FAA and the DOT I/G for their vigorous investigation and prosecution of the case. She stated that, “Insuring the safety of our aircraft of all types, including commercial and military, is of great importance and one way this is accomplished is to be sure that persons working on or certifying same as airworthy, are qualified to do so.”
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Florence Resident Pleads Guilty in Federal Court to Manufacturing and Passing Counterfeit MoneyRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Michael James Bembry, age 28, of Florence, South Carolina, pled guilty in federal court in Florence to charges arising out of South Carolina and Pennsylvania. The South Carolina charges were for conspiracy to manufacture and pass counterfeit money, in violation of Title 18, United States Code, Section 371, and the Pennsylvania charges were for manufacturing counterfeit money, in violation of Title 18, United States Code, Section 471. Bembry agreed to the transfer of the Pennsylvania charges for the purpose of pleading guilty to those and all other pending federal charges at the same time in South Carolina. United States District Judge Bryan Harwell, of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
The evidence presented at the guilty plea hearing established that Bembry was involved in a conspiracy to manufacture and pass counterfeit $100 and $50 bills in multiple states including South Carolina, North Carolina, Pennsylvania and New Jersey. This conspiracy, which began in 2015, included at least nine defendants who were responsible for making and passing over $100,000 in counterfeit money.
Bembry and other conspirators manufactured counterfeit money at several residences in Florence, South Carolina, and in a room at the Roosevelt Hotel in Philadelphia, Pennsylvania. The counterfeiting method employed by Bembry and others involved using cleaning fluid or bleach to remove or “wash” the images from genuine $1 and $10 bills until only blank genuine currency paper remained. They would then use a genuine $100 bill, known as a “parent note”, to print images of that $100 bill onto the blank genuine currency paper. By this method the perpetrators would print numerous counterfeit $100 bills on genuine currency paper all bearing the same serial number as the $100 parent note. They would then go to various businesses and purchase small items with the counterfeit $100 bills in order to obtain genuine currency as change.
In May 2015, multiple counterfeit $100 bills, a genuine $100 “parent note”, a printer, and other counterfeiting materials were seized by local law enforcement from a car Bembry was driving in Egg Harbor Township, New Jersey. Later, in July 2016, Bembry and a codefendant passed a counterfeit $100 bill at a business in Bryson City, North Carolina.
Ms. Lydon stated the maximum penalty Bembry can receive is imprisonment for 20 years and a fine of $250,000.00. The case was investigated by agents of United States Secret Service with the assistance of the Florence County Sheriff’s Office, the Florence Police Department, the Egg Harbor Township Police Department, and the Bryson City Police Department. Assistant United States Attorney A. Bradley Parham of the Florence office is prosecuting the case with the assistance of the United States Attorney’s Office for the Eastern District of Pennsylvania.
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Lexington Man Sentenced to 15 Years on Federal Drug and Firearm ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Bryshun Genard Furlow, age 34, of Lexington, was sentenced in federal court to 180 months (15 years) imprisonment with 6 years of supervised release to follow. Furlow plead guilty in April to possession with intent to distribute cocaine, methamphetamine, and a substance containing both methamphetamine and cocaine, as well as to being a felon in possession of firearms and ammunition, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 851 and Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e). Senior United States District Judge Cameron McGowan Currie, of Columbia, imposed the sentence.
Evidence presented in court established that on November 3, 2016, the Lexington County Sheriff’s Department executed a state search warrant at Furlow’s Wessinger Street apartment after having made three separate controlled purchases of crack cocaine in September and October 2016 from Furlow at the apartment. During the search of the apartment, deputies recovered baggies of cocaine, methamphetamine, and tablets consisting of cocaine and methamphetamine. Deputies also recovered two digital scales, $5,422, a pyrex dish with cocaine residue, a .40 caliber handgun, a .38 caliber revolver, and various rounds of .40 caliber and .38 caliber ammunition. Furlow, his girlfriend, and two children were at the apartment at the time of the search. After being advised of his rights, Furlow admitted to the drugs in the apartment.
Furlow is prohibited under federal law from possessing firearms and ammunition based upon his prior Georgia state convictions for possession with intent to distribute cocaine (2003), possession with intent to distribute marijuana (2003), possession of cocaine (2008), aggravated stalking (2008), arson 1st degree (2 counts)(2008), terroristic threats (2008) and his prior South Carolina state conviction for distribution of crack cocaine (April 2016). Due to his extensive prior record, Furlow was classified as an armed career criminal and career offender, which increased his potential sentences.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Lexington County Sheriff’s Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
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White Supremacist Sentenced for Federal Gun ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Benjamin Thomas Samuel McDowell, age 31, of Conway, South Carolina, was sentenced in federal court in Florence for being a felon in possession of a firearm and ammunition, a violation of Title 18, United States Code, Section 922(g). United States District Judge Bryan Harwell, of Florence, sentenced McDowell to 33 months’ imprisonment followed by 3 years of supervised release.
Evidence presented at the guilty plea hearing established that the FBI became aware of McDowell’s escalating white supremacist views on social media where McDowell advocated violence against non-whites and even expressed admiration for Dylann Roof and the extreme acts of violence perpetrated by him. Of particular concern to the FBI were McDowell’s comments regarding a particular Jewish Synagogue which implied that this place of worship might be a possible target of violence. McDowell also used social media to communicate an interest in acquiring a gun. In response, the FBI arranged for an undercover agent posing as a member of a white supremacist organization to become acquainted with McDowell for the purpose of determining the nature of his white supremacist leanings and whether McDowell intended to carry out any acts of violence.
McDowell and the undercover agent engaged in multiple recorded conversations during which McDowell reaffirmed his respect for Dylann Roof and spoke generally about committing acts of violence against people of the Jewish and Muslim faiths. McDowell also repeated his desire to obtain a gun. While McDowell never revealed any specific plan to attack a particular location or victim, he did express a general desire to use the gun to commit acts of violence. During further conversations with the undercover FBI agent, McDowell eventually specified that he wanted a .40 caliber Glock pistol and .40 caliber hollow-point ammunition. The agent was able to set up a controlled sale of a .40 caliber pistol and ammunition to McDowell to take place on February 15, 2017. The FBI provided the agent with a .40 caliber Glock which had been rendered “inert” by having the firing pin shaved down so that the gun could not fire. On February 15, the agent met with McDowell and sold him the inert .40 caliber pistol and hollow-point ammunition for $109.00. Soon thereafter McDowell was arrested in the parking lot of a Hampton Inn in Myrtle Beach, during which the pistol and ammunition were recovered from a bag McDowell was carrying. During a post-arrest interview, McDowell admitted to agents that he had purchased the gun and ammunition.
Prior to February 15, 2017, McDowell had been convicted of a felony which prohibits him from possessing a firearm or ammunition.
Following McDowell’s guilty plea, the U.S. Probation Office prepared a presentence investigation report which included McDowell’s sentencing range as calculated according to the U.S. Sentencing Guidelines. The Probation Office concluded that McDowell’s guideline imprisonment range was 27 to 33 months. In mitigation, defense counsel emphasized, among other things, McDowell’s mental health issues and limited intellectual functioning. However, he was sentenced to 33 months’ imprisonment, the high end of the guideline range.
The case was investigated by agents of the FBI with the assistance of the Horry County Police Department, the Myrtle Beach Police Department and the Horry County Sheriff’s Office. Assistant United States Attorney A. Bradley Parham of the Florence office is prosecuting the case.
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Myrtle Beach Man Sentenced for Child Pornography ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon announced today that James Robert Fix, age 47, of Myrtle Beach, South Carolina, was sentenced in federal court in Florence for Possession of Child Pornography, a violation of Title 18, United States Code, Section 2252A(a)(5)(B). United States District Judge Bryan Harwell, of Florence, sentenced Fix to 84 months’ imprisonment followed by supervised release for life and a restitution payment of $1,000.00. During his term of supervised release, Fix will be required to register as a sex offender, attend sex offender treatment, refrain from unsupervised contact with children or use of the internet without approval, and submit to polygraph examinations.
The evidence presented at the guilty plea hearing established that federal agents executed a search warrant at Fix’s Myrtle Beach residence on November 24, 2015, based on information that he was receiving child pornography via email. On that same day agents also interviewed Fix who admitted to possessing child pornography and surrendered his laptop computer and cellphone to the agents. During forensic analyses of the computer, cellphone and a thumb drive seized during the search, agents located numerous videos and images containing child pornography.
The case was investigated by agents with ICE-Homeland Security Investigations. Assistant United States Attorney A. Bradley Parham of the Florence office prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Office, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
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Florence Resident Sentenced in Federal Court for Manufacturing and Passing Counterfeit MoneyRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Shadrick Jarmarcus Jett, age 27, of Florence, South Carolina, was sentenced in federal court in Florence for conspiracy to manufacture and pass counterfeit money, a violation of Title 18, United States Code, Section 371. United States District Judge Bryan Harwell of Florence sentenced Jett to 18 months’ imprisonment followed by 3 years of supervised release.
The evidence presented at the guilty plea hearing established that Jett was involved in a conspiracy to manufacture and pass counterfeit $100 and $50 bills in multiple states including South Carolina and North Carolina. This conspiracy, which began in 2015, included at least nine codefendants who were responsible for making and passing over $100,000 in counterfeit money.
Jett was directly involved in making counterfeit. In fact, he was found in possession of a genuine $100 “parent note” used to print counterfeit $100 bills when his car was stopped and searched by the Florence County Sheriff’s Office after a short chase. During the search of Jett’s car deputies found the genuine parent note along with eleven completed counterfeit $100 bills and over 450 uncut partial images of counterfeit $100 bills all bearing the same serial number as the recovered parent note. Secret Service determined that 230 counterfeit $100 bills bearing this same serial number were passed beginning in June of 2017.
The case was investigated by agents of United States Secret Service with the assistance of the Florence County Sheriff’s Office and the Florence Police Department. Assistant United States Attorney A. Bradley Parham of the Florence office prosecuted the case.
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Lancaster Resident Pleads to Federal Firearm Charges Relating to Firearms Stolen from National Guard ArmoryRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Brandon Shane Polston, age 32, of Lancaster, plead guilty in federal court to being a felon in possession of firearms, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e), and to possession of machineguns and a destructive device not registered to him in the National Firearms Registration and Transfer Record, in violation of Title 26, United States Code, Sections 5841, 5861(d), and 5871. Co-defendants Austin Lee Ritter, age 23, and Kimberly Denise Cannon, age 40, both of Lancaster, each plead guilty to the same charges on June 25, 2018. United States District Judge Michelle Childs, of Columbia, accepted the guilty pleas and will impose sentences after she has reviewed the presentence reports, which will be prepared by the United States Probation Office.
Evidence presented in court established that on the early morning hours of November 26, 2017, an officer with the Lancaster Police Department conducted a traffic stop of a vehicle driven by co-defendant Cannon after observing her littering. Further investigation during the traffic stop revealed the following inside the vehicle: a FNH, model M249, 5.56mm machinegun, two (2) Colt, model M-16, 5.56mm machineguns, two (2) Beretta, model M9, 9mm pistols, a Colt, model M203, 40mm grenade launcher (“destructive device”), night vision goggles, and various military items stolen from the Lancaster National Guard Armory. Officers also recovered various items stolen from WalMart, including an employee identification badge and employee vest.
After the traffic stop, Polston and a co-defendant Ritter were located at the a local motel and found in possession of a small quantity of methamphetamine. A review of surveillance video from the motel showed Polston and his co-defendants Ritter and Cannon bringing the bags containing the firearms back and forth between the vehicle and the motel room. Additionally, searches of Ritter and Cannon’s cell phones revealed various photos and text messages relating to the stolen firearms. One of the photos appeared to be a “selfie” of Ritter sitting in the front seat of a vehicle with Polston sitting in the rear seat beside a M-16 machinegun. During the investigation, both Ritter and Cannon advised agents that Polston took them to an area near a residential complex where they retrieved bags containing the stolen firearms from a ditch.
Polston and his co-defendants Ritter and Cannon are all prohibited under federal law from possessing firearms and ammunition based upon their prior state convictions. Polston has prior convictions for breaking into autos (2 counts), malicious injury to person property over $2,000, but less than $10,000, assault and battery 1st degree, burglary 2nd degree (2 counts), receiving stolen goods over $2,000 but less than $10,000, and property offense 3rd or subsequent. Polston was released from the South Carolina Department of Corrections in February 2017.
Polston, like co-defendants Ritter and Cannon, faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on each of the firearm charges.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Lancaster Police Department, and the South Carolina State Law Enforcement Division (SLED) and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
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Federal Grand Jury IndictmentsRead the Press Release
United States Attorney Sherri A. Lydon stated today that a Federal Grand Jury in Greenville, South Carolina, returned Indictments against the following:
Greenville Resident Indicted on Fraud and Related Activity in Connection with Access Devices. Marius Zegrean , age 32, of Greenville, South Carolina, was charged in a 1-count indictment with Fraud and Related Activity in Connection with Access Devices, a violation of Title 18, United States Code, Section, 1029(a)(5). The maximum penalty Zegrean could receive is 15 years imprisonment and a maximum fine of $250,000. The case was investigated by agents of the United States Secret Service and is assigned to Assistant United States Attorney William J. Watkins, Jr., of the Greenville office for prosecution.
The United States Attorney stated that all charges in these indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Federal Grand Jury IndictmentsRead the Press Release
United States Attorney Sherri A. Lydon stated today that a Federal Grand Jury in Columbia, South Carolina, returned an Indictment against the following:
Columbia Man Indicted for Firearm And Drug Charges. Reggie Denard Goodwin, age 47, of Columbia, was charged in a four-count indictment with being a felon in possession of a firearm and ammunition (2 counts), possession with intent to distribute a quantity of cocaine and a quantity of cocaine base (commonly known as “crack cocaine”), and use/carry/possession of a firearm in connection with/in furtherance of a drug trafficking crime, all in violation of Title 18, United States Code, Sections 922(g)(1) and 924(c) and Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C). These charges stem from his arrests on March 13, 2018, and June 1, 2018, in Columbia.
The felon in possession of a firearm and ammunition charges each carry a maximum of 10 years’ imprisonment, a fine of $250,000, and a term of supervised release of up to 3 years. The drug charge carries a maximum term of imprisonment of 30 years, a fine of $2,000,000, and a term of supervised release of at least 3 years. The use/carry/possession of a firearm in connection with/in furtherance of a drug trafficking crime carries a statutory mandatory minimum of 5 years imprisonment with a maximum of life, a fine of $250,000, and a term of supervised release of up to 5 years.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Richland County Sheriff’s Department and is assigned to Assistant United States Attorney Stacey D. Haynes of the Columbia office for prosecution.
The United States Attorney stated that all charges in indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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VA Fraudster Pleads Guilty After Falsely Claiming Combat Service in Order to Get VA BenefitsRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Keith R. Hudson, 70, from Charleston, South Carolina, pled guilty in federal court before United States District Court Judge Richard M. Gergel. He had been indicted for defrauding the VA by receiving $197,237 in benefits after falsely claiming to be a military veteran of combat in Vietnam. This is a violation of Title 18, United States Code, § 1347(a)(1). He faces a potential ten year sentence.
Court documents presented during the hearing established that in 2015, Mr. Hudson applied to the VA in Charleston for benefits. He used a falsified form from the Department of Defense, called a DD-214, (“Report of Separation from Active Duty”) which is a Department of Defense form given to members of the military who are separating from service. In the form, he said that was a veteran of the war in Vietnam. He represented that he was in the Navy and saw combat as a medic, suffering wounds and other trauma. He claimed that he served from August 1, 1967 through October 31, 1971 and said that he received two Purple Hearts.
The investigation conducted by the Veterans Affairs Office of Inspector General (OIG) showed that this DD-214 was forged and false. For instance, Mr. Hudson’s rank was listed as HN and E-4 (in the United States Navy, HN is actually the equivalent of E-3). In the awards section, it stated that he received a Combat Medic Badge. However, this is an award which is only given for service in the United States Army. It also did not list the proper citation for a Purple Heart. And the form stated Mr. Hudson received the Fleet Marine Force Medal with Marine Device. There is no such medal. It also had a stamp from the Alaska State Defense Force, which is suspicious as that group is not an official military organization, being comprised of volunteers. Additionally, the service branches do not permit their records to be combined with or loaned to other entities, including National Guard units. And, the typeset of the Social Security number on the DD-214 was different from the rest of the document.
In fact, Mr. Hudson never was in the military. The investigation conclusively showed that there were no records in the National Personnel Records Center in St Louis, Missouri for him from any branch of service.
Additionally, employment records for him from 1967 through 1971 established that he worked at a variety of jobs in New York and in Maine. In two of them, he applied for employment and was fingerprinted. These fingerprints were still on file and matched his prints. As such, he was in the United States during the years 1967 through 1971. Therefore, Mr. Hudson was never in the United States Navy nor did he ever see combat in Vietnam.
The investigation also showed that he had previously been prosecuted for the same scheme using the same DD-214 form in 2005 in Connecticut, where he had been placed in a pretrial diversionary program.
United States Attorney Lydon said that these cases are very important for our country and for our community. “This is a particularly awful type of white collar crime. Veteran health benefits are for those who served our nation in the military. The VA has limited numbers of physicians and resources. There is not much to spare. Every dollar and every minute of time stolen from the VA is something that is stolen from a veteran. VA fraud is on the increase and so we are grateful for the work of the Veterans Affairs Office of Inspector General for their investigative work on the case.”
Statistics bear out what the United States Attorney said. Between April of 2017 and October of 2017 alone, the VA Office of Investigations made 80 arrests, and recovered $2.9 million in restitution, fines and penalties relating to things like VA health-care benefits fraud. This is more than twice the amount recovered in the same period a decade ago.
The Resident Agent in Charge for the IG in Asheville is G. Scott Bailey, who said “we aggressively investigate cases where individuals defraud the VA and take benefits meant for our nation’s veterans.” He noted that the VA Office of Inspector General has a hotline, staffed weekdays between 8:30 a.m. .and 2 p.m. Eastern time, at 1-800-488-8244. He said “If anyone has any knowledge of fraud going on at the VA, please call. We’ll investigate.”
Assistant United States Attorney Sean Kittrell of the Charleston office prosecuted the case.
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Inmate and Leader of Multi-State Drug Trafficking Organization SentencedRead the Press Release
Columbia, South Carolina --- United States Attorney Sherri A. Lydon announced today that Dustin Tiller, age 32, was sentenced to 220 months (or 18 years and 3 months) imprisonment in federal court in Greenville.
The evidence presented at Tiller’s guilty plea and sentencing hearings revealed that Tiller, an inmate in the South Carolina Department of Corrections, was the mastermind and leader of a multi-state drug trafficking organization that facilitated the transportation and distribution of multiple kilograms of methamphetamine in the Upstate of South Carolina, Atlanta, Georgia, Kentucky, and elsewhere. During the course of the conspiracy, Tiller directed other conspirators, both inmates in the South Carolina Department of Corrections and individuals on the outside, to travel to Atlanta, Georgia, to retrieve kilogram quantities of methamphetamine, to sell the methamphetamine in Greenville and Anderson Counties, and to transport drug proceeds back to the source(s) of supply in Georgia and elsewhere. The investigation culminated in the arrest of Tiller and others in August and September of 2016, after federal agents intercepted a load of methamphetamine that members of the organization were transporting from Georgia to South Carolina.
Assistant U.S. Attorney Andy Moorman, Deputy Chief for the Narcotics Unit, is the lead prosecutor.
The Drug Enforcement Administration, the Drug Enforcement Task Force, the Anderson County Sheriff’s Office, the Anderson Police Department, and the Franklin County (GA) Sheriff’s Office investigated the case.
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Lexington Methamphetamine ConspiracyRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that a total of fifteen defendants have been indicted as part of a drug conspiracy. In December 2017, four defendants, John Phillip Drawdy, age 39, Leigh Antley McCamy, age 36, Blake Allen Smith, age 28, and Kimberly Hartley, age 29, were indicted in a Superseding Indictment for Conspiracy to Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A), and 846. These four defendants pleaded guilty to the Conspiracy charge in May 2017, each admitting to dealing 50 grams or more of methamphetamine. Each defendant is awaiting sentencing and faces a statutory mandatory minimum term of imprisonment of ten years and a maximum term of life.
Last week, a grand jury indicted an additional eleven Lexington County defendants in a related methamphetamine conspiracy, also in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A), and 846. The eleven defendants, or co-conspirators, are:
Jennifer Logan, age 41
Terri Moore, age 40
Brian Lorick, age 45
Andrew Michael Chamberlain, age 31
James Lloyd, age 28
Willie Ricardo Gordon, a/k/a “Rico,” age 33
Jeremy Davis, age 31
Robert Pendleton, a/k/a “Bobby,” age 39
Marcus Young, a/k/a “Lay Low,” age 29
Kyndal Hancock, age 25
David Peeples, age 35
The Indictment also charges various firearm and drug-related offenses, in violation of Title 18, United States Code, Sections 922(g) and 924(c), and Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A), 841(b)(1)(B), and 841(b)(1)(C). If convicted, these eleven defendants face the same possible penalties as the previous four defendants: a statutory mandatory minimum term of imprisonment of ten years and a maximum term of life.
Additionally, one more Lexington County defendant, Jeffery Shane Tager, age 32, has been charged with possession with intent to distribute methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1), and 841(b)(1)(A). Tager faces a statutory mandatory minimum term of imprisonment of ten years and a maximum term of life.
These cases were investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Lexington County Sheriff’s Department. ATF Resident Agent-In-Charge Eddie Eubanks had this to say, “From December 2016 to now, our office with the assistance of our state and local law enforcement partners conducted an investigation that resulted in the prosecution of over twenty-five defendants from Lexington and Aiken County. ATF is very proud of the investigation results and will continue to work with our law enforcement partners to reduce violent crime in our communities.”
United States Attorney Sherri A. Lydon had this to say, “We are committed to using our resources to address violent crime and drug distribution in our neighborhoods. Our partnerships with local law enforcement agencies are crucial to our efforts.” This case is being prosecuted as a part of Project Safe Neighborhoods, a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
The United States Attorney also stated that all charges in indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty. This case is being handled by Assistant United States Attorney Alyssa Leigh Richardson of the Columbia office.
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