District of South Carolina
Press releases recorded for this federal judicial district.
Myrtle Beach Man Enters Guilty Plea to Illegal Re-entry ChargesRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Israel Mejia-Coyoy, age 33, from Myrtle Beach pled guilty in federal court in Florence, South Carolina, to Illegal Re-Entry into the United States after Deportation, a violation of 8 U.S.C. § 1326(a)(2). 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.
Evidence presented at the change of plea hearing established that on May 29, 2017, ICE-Enforcement Removal Operations Officers in Charleston, SC, discovered Israel Mejia-Coyoy, while he was in custody at the Horry County Detention Center on state charges. Records checks revealed that Mejia-Coyoy was a native and citizen of Guatemala who had previously been deported from the United States. Mejia-Coyoy has never received permission to enter or remain in the U.S.
The case was investigated by the Horry County Police Department and agents of ICE-Enforcement Removal Operations. Assistant United States Attorney A. Bradley Parham of the Florence office prosecuted the case.
#####
Mexican National Sentenced for Illegal Re-entry ChargeRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Jose Alberto Nava-Reyes, age 35, from Guerrero, Mexico, was sentenced in federal court in Florence, South Carolina, for Illegal Reentry into the United States after Deportation, a violation of 8 U.S.C. § 1326(a). United States District Judge Bryan Harwell, of Florence, sentenced Nava-Reyes to 18 months imprisonment.
Evidence presented at the change of plea hearing established that on April 15, 2017, ICE-Enforcement Removal Operations Officers in Charleston, SC, discovered Nava-Reyes, while he was in custody at the J. Reuben Long Detention Center in Horry County on state charges. Immigration records revealed that Nava-Reyes was a native and citizen of Mexico who had previously been deported from the United States back to Mexico on multiple occasions. Nava-Reyes has never received permission to enter or remain in the U.S.
The case was investigated by the Horry County Police Department and agents of ICE-Enforcement Removal Operations. Assistant United States Attorney A. Bradley Parham of the Florence office prosecuted the case.
#####
Florida Man Enters Guilty Plea to Illegal Re-entry ChargesRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Juan Jose Victoria Sanchez-Lara, age 33, from Davie, Florida, pled guilty in federal court in Florence, South Carolina, to Illegal Re-Entry into the United States after Deportation, a violation of 8 U.S.C. § 1326(a). 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.
Evidence presented at the change of plea hearing established that on July 4, 2017, ICE-Enforcement Removal Operations Officers in Charleston, SC, discovered Juan Jose Victoria Sanchez-Lara, while he was in custody at the Horry County Detention Center on state charges. Immigration records revealed that Sanchez-Lara was a native and citizen of Honduras who had previously been deported from the United States on multiple occasions. Sanchez-Lara has never received permission to enter or remain in the U.S.
The case was investigated by the Horry County Police Department and agents of ICE-Enforcement Removal Operations. Assistant United States Attorney A. Bradley Parham of the Florence office prosecuted the case.
#####
Pee Dee Reentry Job Fair & ExpoRead the Press Release
Florence, South Carolina – The United States Attorney’s Office, the South Carolina Department of Probation, Parole and Pardon Services; SC Works; SC Vocational Rehabilitation; SC Department of Social Services; and the US Probation Office are continuing their statewide partnership to help individuals with prior criminal backgrounds secure employment.
The Second Annual Pee Dee Reentry Job Fair & Expo is being held Wednesday, September 27, 2017, from 10:00 am to 1:00 pm at the Vocational Rehabilitation Office, 1947 West Darlington Street, Florence.
This fair, which targets the Pee Dee region, is part of an annual series of fairs, including the Low Country, the Upstate, and the Midlands. The partner organizations structure these expos for South Carolinians with a criminal record in order to provide some focused support to these motivated job seekers.
“Studies have demonstrated the transformative impact a job has on individuals. Our state partners have tremendous expertise in hosting these resource fairs and we welcome the opportunity to work with them with a goal of full employment for all South, including specifically individuals with a criminal history,” said U.S. Attorney Beth Drake. “We are excited to connect those who attend with employment opportunities and other critical resources and help.”
The fair and expo will include area employers and other organizations that support the employment process to include the Alston Wilkes Society and the Greater Employment Advocacy Association. Probationers, parolees, or any individual with challenges in their background are encouraged to attend. Employers from varied industry will be present, including construction, manufacturing, and food services. Employers will be receiving resumes and available to discuss job opportunities at their places of business. The event will also feature workshops on how to seek expungements and pardons of prior criminal convictions.
Professional dress is required. Discounted SLED criminal background checks will be available on site.
Any interested employers or vendors should inquire with Diana Goldwire at (864) 315-9751 or [email protected] or Vickie Tyner at [email protected].
#####
Hearing Set for Brandon Michael Council in Federal CourtRead the Press Release
Columbia, South Carolina-------United States Attorney Beth Drake announced today that Brandon Michael Council, age 32, of Wilson, North Carolina, will make his initial appearance in a South Carolina courtroom at a hearing set for Thursday afternoon, September 14, 2017, at 2:30 P.M. at the McMillan Federal Building in Florence, South Carolina, 401 West Evans Street, Florence, South Carolina, 29501.
Council has been charged in a criminal complaint with Armed Bank Robbery with a Deadly Weapon Resulting in Death and with Use, Carry, and Possession of a Firearm in Furtherance of a Crime of Violence and appeared in federal court on August 24, 2017, for a hearing in Greenville, North Carolina, shortly after his arrest. Council remains in federal custody.
The case is being investigated by Special Agents with the Federal Bureau of Investigation, Conway Police Department, South Carolina Law Enforcement Division, 15th Circuit Solicitor’s Office, South Carolina Highway Patrol, Horry County Police Department, Horry County Sheriff’s Office, Myrtle Beach Police Department, Wilson North Carolina Police Department, Greenville North Carolina Police Department, Bureau of Alcohol Tobacco and Firearms, and the United States Marshal’s Service.
The United States Attorney stated that all charges are merely accusations and that the defendants are presumed innocent until and unless proven guilty.
#####
U.S. Attorney Urges Citizens to be Vigilant in Reporting Fraud, Waste, and AbuseRead the Press Release
COLUMBIA, SOUTH CAROLINA – Beth Drake, United States Attorney for the District of South Carolina, is urging South Carolina residents and businesses to be aware of and immediately report suspected fraud, waste or abuse relating to recovery, cleanup or relief operations for victims of Irma.
In anticipation of unprecedented fraud in connection with federal disaster relief following Hurricanes Katrina, Rita and Wilma, a Joint Command Center was established in Baton Rouge, La., to coordinate reports of fraud. The Command Center, now known as the National Center for Disaster Fraud, has since expanded its mission to include suspected fraud from any natural or manmade disaster. More than 20 federal agencies participate in the center, allowing it to act as a centralized clearinghouse of information. To date, the National Center for Disaster Fraud has received and screened more than 38,000 complaints and has referred more than 24,000 complaints of disaster fraud to law enforcement for investigation. From the Haiti earthquake to the floods in Rhode Island to tornadoes in Kansas - the U. S. Department of Justice and our partners in federal, state and local enforcement have protected benefits destined for our citizens who have been victimized by these disasters.
The public is reminded to be extremely cautious before providing personal identifying information or account data to anyone, especially those who may contact you. Please also be sure to undertake necessary inquiries before giving contributions to anyone soliciting contributions on behalf of disaster victims.
Members of the public who suspect fraud, waste, abuse or allegations of mismanagement involving disaster relief operations, or if you believe you have been victim of fraud from a person or an organization soliciting relief funds on behalf of disaster victims, please contact the National Disaster Fraud Hotline toll free at (866) 720-5721. The telephone line is staffed by a live operator 24 hours a day, 7 days a week. You can also fax information to the Center at (225) 334-4707 or email it to [email protected]. Fraud may also be reported directly to the United States Attorney’s Office in Columbia by contacting Assistant US Attorney John Potterfield at (803) 929-3000 or [email protected].
#####
South Carolina Family Practice Chain, Its Co-Owner, and Its Laboratory Director Agree to Pay the United States $2 Million to Settle Alleged False Claims Act Violations for Illegal Medicare Referrals and Billing for Unnecessary Medical ServicesRead the Press Release
Washington - Family Medicine Centers of South Carolina LLC (FMC), has agreed to pay the United States $1.56 million, and FMC’s principal owner and former chief executive officer, Dr. Stephen F. Serbin, and its former Laboratory Director, Victoria Serbin, have agreed to pay $443,000 to resolve a False Claims Act lawsuit alleging that they submitted and caused the submission of false claims to the Medicare and TRICARE programs. FMC is a physician-owned chain of family medicine clinics located in and around Columbia, South Carolina, whose practices include Springwood Lake Family Practice, Woodhill Family Practice, Midtown Family Medicine, Saluda Pointe Family Medicine, Lake Murray Family Medicine, and the now closed Rice Creek Family Medicine.
The settlements announced today resolve allegations that FMC, as directed by Dr. Serbin, submitted claims to the Medicare Program that violated the physician self-referral prohibition, commonly known as the Stark Law, which is intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives. The Stark Law forbids a clinic from billing Medicare for certain services ordered by physicians who have a financial relationship with the entity. In this case, the government alleged that the Stark Law was violated by FMC’s incentive compensation plan that paid FMC’s physicians a percentage of the value of laboratory and other diagnostic tests that they personally ordered through FMC, which FMC then billed to Medicare. Dr. Serbin, FMC’s co-owner and chief executive, allegedly initiated this program and reminded FMC’s physicians that they needed to order tests and other services through FMC in order to increase FMC’s profits and to ensure that their take-home pay remained in the upper level nationwide for family practice doctors.
“Financial arrangements that compensate physicians for referrals can sometimes encourage physicians to make decisions based on financial gain rather than patient needs,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice is committed to preventing illegal financial relationships that undermine the integrity of our public health programs and drive up the cost of healthcare for taxpayers.”
The settlements also resolve allegations that FMC, Dr. Serbin, and Victoria Serbin submitted and caused the submission of false claims to Medicare and TRICARE for medically unnecessary laboratory services by creating custom laboratory panels comprised of diagnostic tests not appropriate for routine measurement, performing these tests without an order from the treating physician, implementing standing orders to assure these custom panels were performed with defined frequency and not in reaction to clinical need, and programming FMC’s billing software to systematically change certain billing codes for laboratory tests to ensure payment by Medicare.
“Healthcare decisions should be made by physicians based on medical science and not with regard to maximizing the doctor’s own income,” said U.S. Attorney Beth Drake for the District of South Carolina. “Our goal in bringing this case was not only to recover money for improper healthcare claims, but also to deter similar conduct and promote health care affordability.”
The allegations settled today arose from a lawsuit filed by a physician formerly employed by FMC, Dr. Catherine A. Schaefer, 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. Dr. Schaefer will receive $340,510.
As part of the settlement announced today, FMC and the Serbins have also agreed to enter into a Corporate Integrity Agreement with the Department of Health and Human Services, Office of Inspector General (HHS-OIG), which ensures the Serbins will have no management role in FMC for five years and obligates FMC to undertake other substantial internal compliance reforms, including hiring an independent review organization to conduct annual claims reviews.
“Patients and taxpayers should expect that doctors’ best medical judgement is not clouded by improper financial incentives,” said Special Agent in Charge Derrick L. Jackson for HHS-OIG. “We will work tirelessly with our law enforcement partners to preserve government health funds by bringing violators to justice.”
“We applaud the Department of Justice and the U.S. Attorney for the District of South Carolina for holding this provider accountable for its actions,” said Deputy Director Guy Kiyokawa of the Defense Health Agency. “The provider’s actions impacted American service members, veterans and their families, diverting valuable resources through unnecessary tests. The Defense Health Agency continues to work closely with the Justice Department and other state and federal agencies to investigate all those who participated in these nefarious, fraudulent practices.”
This case was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of South Carolina, HHS-OIG and the Defense Health Agency.
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. Schaefer v. Family Medicine Centers of South Carolina, LLC, Stephen F. Serbin, M.D. and Victoria Serbin, No. 3:14-cv-342-MBS (D.S.C.).
#####
South Carolina Family Practice Chain, Its Co-Owner, and Its Laboratory Director Agree to Pay the United States $2 Million to Settle Alleged False Claims Act Violations for Illegal Medicare Referrals and Billing for Unnecessary Medical ServicesRead the Press Release
Family Medicine Centers of South Carolina LLC (FMC), has agreed to pay the United States $1.56 million, and FMC’s principal owner and former chief executive officer, Dr. Stephen F. Serbin, and its former Laboratory Director, Victoria Serbin, have agreed to pay $443,000 to resolve a False Claims Act lawsuit alleging that they submitted and caused the submission of false claims to the Medicare and TRICARE programs. FMC is a physician-owned chain of family medicine clinics located in and around Columbia, South Carolina, whose practices include Springwood Lake Family Practice, Woodhill Family Practice, Midtown Family Medicine, Saluda Pointe Family Medicine, Lake Murray Family Medicine, and the now closed Rice Creek Family Medicine.
The settlements announced today resolve allegations that FMC, as directed by Dr. Serbin, submitted claims to the Medicare Program that violated the physician self-referral prohibition, commonly known as the Stark Law, which is intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives. The Stark Law forbids a clinic from billing Medicare for certain services ordered by physicians who have a financial relationship with the entity. In this case, the government alleged that the Stark Law was violated by FMC’s incentive compensation plan that paid FMC’s physicians a percentage of the value of laboratory and other diagnostic tests that they personally ordered through FMC, which FMC then billed to Medicare. Dr. Serbin, FMC’s co-owner and chief executive, allegedly initiated this program and reminded FMC’s physicians that they needed to order tests and other services through FMC in order to increase FMC’s profits and to ensure that their take-home pay remained in the upper level nationwide for family practice doctors.
“Financial arrangements that compensate physicians for referrals can sometimes encourage physicians to make decisions based on financial gain rather than patient needs,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice is committed to preventing illegal financial relationships that undermine the integrity of our public health programs and drive up the cost of healthcare for taxpayers.”
The settlements also resolve allegations that FMC, Dr. Serbin, and Victoria Serbin submitted and caused the submission of false claims to Medicare and TRICARE for medically unnecessary laboratory services by creating custom laboratory panels comprised of diagnostic tests not appropriate for routine measurement, performing these tests without an order from the treating physician, implementing standing orders to assure these custom panels were performed with defined frequency and not in reaction to clinical need, and programming FMC’s billing software to systematically change certain billing codes for laboratory tests to ensure payment by Medicare.
“Healthcare decisions should be made by physicians based on medical science and not with regard to maximizing the doctor’s own income,” said U.S. Attorney Beth Drake for the District of South Carolina. “Our goal in bringing this case was not only to recover money for improper healthcare claims, but also to deter similar conduct and promote health care affordability.”
The allegations settled today arose from a lawsuit filed by a physician formerly employed by FMC, Dr. Catherine A. Schaefer, 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. Dr. Schaefer will receive $340,510.
As part of the settlement announced today, FMC and the Serbins have also agreed to enter into a Corporate Integrity Agreement with the Department of Health and Human Services, Office of Inspector General (HHS-OIG), which ensures the Serbins will have no management role in FMC for five years and obligates FMC to undertake other substantial internal compliance reforms, including hiring an independent review organization to conduct annual claims reviews.
“Patients and taxpayers should expect that doctors’ best medical judgement is not clouded by improper financial incentives,” said Special Agent in Charge Derrick L. Jackson for HHS-OIG. “We will work tirelessly with our law enforcement partners to preserve government health funds by bringing violators to justice.”
“We applaud the Department of Justice and the U.S. Attorney for the District of South Carolina for holding this provider accountable for its actions,” said Deputy Director Guy Kiyokawa of the Defense Health Agency. “The provider’s actions impacted American service members, veterans and their families, diverting valuable resources through unnecessary tests. The Defense Health Agency continues to work closely with the Justice Department and other state and federal agencies to investigate all those who participated in these nefarious, fraudulent practices.”
This case was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of South Carolina, HHS-OIG and the Defense Health Agency.
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. Schaefer v. Family Medicine Centers of South Carolina, LLC, Stephen F. Serbin, M.D. and Victoria Serbin, No. 3:14-cv-342-MBS (D.S.C.).
Conway Man Sentenced to 100 Months in Federal Prison on Distribution of Heroin ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Andrew Garcia, age 21, of Conway, was sentenced in Florence yesterday to 100 months imprisonment followed by a three-year term of supervised release. On April 18, 2017, Garcia entered a guilty plea in federal court to three counts of distribution of heroin. United States District Judge R. Bryan Harwell imposed the sentence.
The evidence presented at the guilty plea hearing and sentencing hearing established that, pursuant to a heroin trafficking investigation in Horry County, a team of law enforcement from multiple agencies conducted extensive surveillance and effected several controlled purchases of heroin from targets of the investigation. Agents made two controlled purchases of heroin from Garcia in August 2014 and a third controlled purchase of heroin in September 2014. Agents also obtained warrants to search two Myrtle Beach residences linked to Garcia where they recovered over 600 grams of heroin, nine firearms, and $68,000 in cash.
The case was investigated by agents with the Fifteenth Circuit Drug Enforcement Unit (DEU), the Horry County Police Department (HCPD), and the DEA. Assistant United States Attorney Christopher D. Taylor of the Florence office prosecuted the case.
#####
"Real Time”: Greenville Man Found Guilty in Firearms Jury Trial Sentenced to over 25 Years in Federal PrisonRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake announced today that Carlton Tyrone Nash, age 37, of Greenville, was sentenced to 310 months (25.8 years) in federal prison. In April of this year, a jury returned a guilty verdict, following a two-day jury trial in federal court in Anderson, finding Nash guilty of possession by a firearm and ammunition by a felon. United States District Court Judge Timothy M. Cain, who presided over the trial, sentenced Nash yesterday in Anderson.
The government presented multiple witnesses during the course of the trial. Witness testimony and the evidence presented by the government at trial established that in the early morning hours of Tuesday, March 22, 2016, Nash, while wearing a Hillary Clinton mask, forced entry into a residence and fired a shot from the .25 caliber pistol he obtained earlier that day. The shot barely missed one of the residents of the house. Nash then dragged that resident from the home at gunpoint into the street where a fight ensued. While Nash and his initial victim were fighting, the victim’s roommate exited the house with a baseball bat, striking Nash in the head with the bat. After a blow to the head from the bat, Nash removed his now bloodied mask revealing his identity to the victims. Nash dropped the gun during the scuffle in the street and left his mask behind as he fled the scene.
After receiving a 911 call from the initial victim, members of the Greenville County Sheriff’s Office (GCSO) responded within minutes. A forensic technician from the Greenville County Forensic Division arrived shortly thereafter to process the scene and collect evidence. Experts from the Greenville County Forensics Division were able to match Nash’s DNA to the blood in the recovered mask. Based on their investigation, GCSO investigators were able to obtain an arrest warrant for Nash and arrested him just days after the offense. Working in concert with GCSO through the multi-agency initiative “Operation Real Time”, Special Agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) served a federal arrest warrant on Nash shortly after his state arrest. Nash, after being advised of his Miranda rights, admitted to ATF agents that he had the mask and the gun. Nash has been detained since this incident and remains in custody.
The Nash case was expedited for federal prosecution pursuant to “Operation Real-Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community. “Real Time” is a working collaboration between local, state, and federal law enforcement as well as state and federal prosecutors. Since August of 2015, the initiative has resulted in the expedited federal prosecution of over 120 defendants and seizure of over 160 firearms as well as assorted ammunition from prohibited persons in the upstate.
“ATF is extremely appreciative of our partners and this collaborative effort to make our communities safer,” said Charlotte Field Division’s Special Agent in Charge C.J. Hyman. “ATF has committed our resources to help tackle illegal firearms possession and violent crime. That commitment, combined with the cooperation of the Greenville County Sheriff’s Office and other local law enforcement agencies, our federal partners, the 13th Circuit Solicitor’s Office and the U.S. Attorney’s Office, has resulted in a very successful effort with a long-term impact on violent crime in the upstate and beyond.”
U.S. Attorney Beth Drake commended the partnership between local, state, and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case. “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing and we welcome the opportunity to work alongside our state chiefs, sheriffs, and solicitors in taking violent repeat offenders out of our communities.”
The case was investigated by the Greenville County Sheriff’s Office, the Greenville County Forensic Division, the South Carolina Law Enforcement Division (SLED), and the ATF. Assistant United States Attorney William J. Watkins and First Assistant United States Attorney A. Lance Crick prosecuted the case.
#####
Bluffton Woman Enters Guilty Plea in Federal CourtRead the Press Release
Charleston, South Carolina ---- United States Attorney Beth Drake stated today that Lecelle Montgomery, age 32, of Bluffton, S.C., pled guilty in federal court in Charleston, to Bank Fraud, a violation of Title 18, United States Code, Section 1344. United States District Judge Richard Gergel, of Charleston, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office. Montgomery faces up to thirty years in federal prison.
Evidence presented at the change of plea hearing established that beginning in or about 2008 and continuing up to at least in or around late 2012, Montgomery, a former financial adviser, began receiving funds from individuals living in the Bluffton area of South Carolina, ostensibly to invest on their behalf. Instead of investing the money, however, Montgomery admitted to spending it to either gamble or use it for personal expenses.
The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Matt Austin of the Charleston office handled the case.
#####
Spartanburg Man Enters Guilty Plea in Federal Court on Firearms and Drug ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Alvin Jamal Bobo, age 36, of Spartanburg, pled guilty in federal court in Greenville to felon in possession of a firearm and ammunition, possession with intent to distribute marijuana, and possession of a firearm in furtherance of a drug trafficking crime. United States District Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Bobo, based on prior felony convictions, is prohibited from possessing firearms or ammunition. He faces a statutory, mandatory minimum sentence of five years in federal prison.
Evidence presented at the guilty plea hearing established that on July 16, 2016, members of the Spartanburg City Police Department (SPD) initiated a traffic stop on a vehicle driven by Alvin Jamal Bobo. After detecting the odor of marijuana, SPD searched the vehicle, recovering a Tupperware container under the driver’s seat containing 30 grams of marijuana, a digital scale in the driver’s door, a box of clear baggies, and a Sig Saur .22 caliber pistol from behind the passenger front seat. As SPD was removing and securing the firearm, Bobo claimed it. Pursuant to Bobo’s arrest, SPD also located a small amount of marijuana in his left shoe.
The Spartanburg Police Department and ATF investigated the case. Seventh Circuit Assistant Solicitor Jennifer Wells, serving as a Special Assistant United States Attorney for the US Attorney’s Office, is prosecuting the case.
#####
Spartanburg Man Enters Guilty Plea in Federal Court on Firearms ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Timothy Andrew Wofford, age 39, of Campobello, pled guilty in federal court in Greenville to felon in possession of a firearm and ammunition. United States District Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Wofford, based on prior felony convictions, is prohibited from possessing firearms or ammunition. He faces a statutory maximum sentence of 10 years in federal prison.
Evidence presented at the change of plea hearing established that on the evening of October 6, 2016, members of the Spartanburg County Sheriff’s Office (SCSO) and the South Carolina Highway Patrol (SCHP) responded to a vehicular accident in Campobello, South Carolina. Timothy Wofford was the driver of the vehicle involved and was thrown from the vehicle during the wreck. Officers recovered a 9mm pistol next to Wofford and secured a 12-gauge shotgun from the Wofford’s vehicle. The 9mm pistol was reported stolen out of Lebanon, Tennessee.
The Spartanburg County Sheriff’s Office, South Carolina Highway Patrol, and ATF investigated the case. Seventh Circuit Assistant Solicitor Jennifer Wells, serving as a Special Assistant United States Attorney for the US Attorney’s Office, is prosecuting the case.
#####
Spartanburg Man Enters Guilty Plea in Federal Court on Firearms ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Tikita Foster, age 31, of Spartanburg, pled guilty in federal court in Greenville to a single-count indictment charging violations of felon in possession of a firearm and ammunition and possession of a firearm and ammunition after sustaining a conviction for a misdemeanor crime of domestic violence. United States District Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Foster has prior prohibiting convictions to include a conviction for domestic violence, and therefore, is prohibited under federal law from possessing firearms or ammunition. He faces a maximum sentence of ten years in federal prison.
Evidence presented at the guilty plea hearing established that on May 13, 2016, officers with the Spartanburg Police Department (SPD) were dispatched to a Farley Street residence in reference to a fight outside involving weapons. Upon arrival, SPD made contact with Tikita Foster and another individual who were outside the residence arguing. When asked by SPD if either had any weapons on them, Foster stated that he had a weapon. SPD then recovered a loaded Smith and Wesson .40 caliber pistol from Foster. Foster later told SPD that the firearm belonged to his girlfriend but that he had it because someone was trying to fight his cousin.
The Spartanburg Police Department and ATF investigated the case. Seventh Circuit Assistant Solicitor Jennifer Wells, serving as a Special Assistant United States Attorney for the U.S. Attorney’s Office, is prosecuting the case.
#####
Spartanburg Man Enters Guilty Plea in Federal Court on Firearms ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Tikita Foster, age 31, of Spartanburg, pled guilty in federal court in Greenville to a single-count indictment charging violations of felon in possession of a firearm and ammunition and possession of a firearm and ammunition after sustaining a conviction for a misdemeanor crime of domestic violence. United States District Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Foster has prior prohibiting convictions to include a conviction for domestic violence, and therefore, is prohibited under federal law from possessing firearms or ammunition. He faces a maximum sentence of ten years in federal prison.
Evidence presented at the guilty plea hearing established that on May 13, 2016, officers with the Spartanburg Police Department (SPD) were dispatched to a Farley Street residence in reference to a fight outside involving weapons. Upon arrival, SPD made contact with Tikita Foster and another individual who were outside the residence arguing. When asked by SPD if either had any weapons on them, Foster stated that he had a weapon. SPD then recovered a loaded Smith and Wesson .40 caliber pistol from Foster. Foster later told SPD that the firearm belonged to his girlfriend but that he had it because someone was trying to fight his cousin.
The Spartanburg Police Department and ATF investigated the case. Seventh Circuit Assistant Solicitor Jennifer Wells, serving as a Special Assistant United States Attorney for the U.S. Attorney’s Office, is prosecuting the case.
#####
Camden Man Sent Back to Federal Prison on Felon in Possession of Firearm and Ammunition ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated that Richard Herman Roach, III, age 28, of Camden, was sentenced in federal court after earlier pleading guilty 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, sentenced Roach to a total of 63 months imprisonment with 3 years of supervised release to follow. The sentence consists of 51 months imprisonment on the firearm charge and 12 months imprisonment, to be served consecutively, on a revocation of Roach’s 2010 federal drug conviction.
Evidence presented in court hearing established that at approximately 2:35 am on July 2, 2016, a deputy with the Kershaw County Sheriff’s Department tried to stop a speeding vehicle on Highway 34. The vehicle failed to stop and a chase ensued with speeds up to 100 mph. After the driver lost control trying to make a turn and the vehicle ended up in a ditch, the deputy approached and noticed Roach, the driver and sole occupant, reaching underneath the seat. After removing Roach from the vehicle, the deputy found a loaded Ruger .45 caliber pistol in the front area of the vehicle and a small bag of marijuana in Roach’s front pants pocket. Roach was arrested on state charges. While in transport to the detention center, Roach escaped from deputies, but was apprehended shortly thereafter by a K-9 tracking team.
Roach is prohibited under federal law from possessing firearms and ammunition based upon his prior federal conviction for conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine and 5 grams or more of crack cocaine and a prior state conviction for forgery. At the time of the July 2016, incident, Roach was on federal supervised release after previously serving a 60 months’ imprisonment sentence on the drug charge. Roach was released from federal prison in February 2015 and in November 2015, his federal supervised release was revoked and he was sent back to federal prison. He was released again from federal prison in May 2016, two months prior to this incident.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Kershaw County Sheriff’s Office 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.
#####
"Home Front": Spartanburg Domestic Violence Initiative Nets Another Firearms Guilty Plea in Federal CourtRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Hector Tavoris Gonzalez, age 30, of Wellford, pled guilty in federal court in Greenville to a single-count indictment charging violations of felon in possession of a firearm and possession of a firearm after sustaining a conviction for a misdemeanor crime of domestic violence. United States District Judge Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Gonzalez has prior prohibiting convictions to include a prior convictions for domestic violence, and therefore, is prohibited under federal law from possessing firearms or ammunition. He faces a maximum sentence of ten years in federal prison and remains in custody.
Evidence presented at the guilty plea hearing established that on September 11, 2016, shortly after midnight, officers with the Spartanburg Police Department (SPD) responded to Westview Blvd in reference to a man firing a gun at a woman. At the scene, the victim relayed to officers that a male, later identified as Hector Gonzalez, had a gun. A witness also told officers that they saw Gonzalez shooting a black handgun at the female victim in a parking lot. SPD recovered three .40 caliber shell casings from the parking lot. Two additional shell casings were located in the street.
In a detailed statement to SPD, the victim relayed that she and Gonzalez had gotten into an argument that led to a physical altercation. After the altercation, Gonzalez fired shots towards the vehicle that the victim was driving. Several bullet holes were observed in the vehicle. The victim also told officers that Gonzalez threw the gun aside when he saw SPD approaching. SPD searched the area and located a Glock .40 caliber pistol in the yard of a residence one house south of where the victim was contacted.
The prosecution of Gonzalez’s case in federal court is a direct result of “Home Front,” a focused deterrence-based initiative to combat domestic violence led by 7th Circuit Solicitor Barry Barnette. The initiative launched in December of 2016 and has the full support and partnership of the U.S. Attorney’s Office. This case and others are being prosecuted by Special Assistant United States Attorney Jennifer Wells, who is a 7th Circuit Assistant Solicitor specially designated by the United States Attorney’s Office to handle cases from the Seventh Circuit.
Modelled after a program started in High Point, North Carolina, members of the Home Front task force began earlier this fall, meeting with representatives from every police department in Spartanburg county as well as the Sheriff’s Office. The Spartanburg County State Probation office and victim’s advocate stalwart, SAFE Homes, also serve as critical partners in this effort. According to the Center for Disease Control and Prevention, domestic violence is a community crime problem that costs the United States over $5.8 billion every year. It is a major drain on law enforcement resources as domestic violence generates a high volume of calls and repeated calls to the same location. Domestic violence homicides make up 40–50 percent of all murders of women in the United States. Women who have experienced a history of domestic violence report more health problems than other women and they have a greater risk for substance abuse, unemployment, alcoholism, and suicide attempts.
Research shows that the repeat domestic violence offender tends to have a significant criminal history that includes a wide range of both domestic violence and non-domestic violence offenses. Most of these offenders are readily identified as they are known to the criminal justice system. The Home Front initiative exposes the repeat domestic violence offender to sanctions because of his pattern of criminal behavior. According to the 2015 Violence Policy Center “When Men Murder Women” report, South Carolina led the nation in rates of women murdered by men. Sixty-six percent (66%) of the victims were killed with a firearm and ninety-six percent (96%) of women murdered were killed by someone they knew. In Spartanburg County during the 2015 calendar year, SAFE Homes serviced 6726 victims of domestic violence. In the same time frame, the Spartanburg Police Department charged 907 domestic violence cases and the Spartanburg County Sheriff’s Office charged 1068 domestic violence cases. There were fourteen (14) domestic related deaths in Spartanburg County in 2015.
Solicitor Barnette has had enough. “Domestic violence is violence, period. It continues to plague our community--so costly and harmful to families and children, persisting year after year. It is time for these offenders to get our best shot—our best efforts. That is Home Front.”
United States Attorney Beth Drake agrees. “The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco and Firearms (ATF) welcome the opportunity to partner with Solicitor Barnette and state law enforcement, and to use federal gun laws to pull violent offenders who are abusing their families and loved ones out of the community. The goal is simple – stop the abuse, or swift and sure, the full force of a coordinated law enforcement effort will come to bear to stop you from abusing. Home Front takes the burden of addressing abusers from the victims and shifts it to us – a very engaged group of local, state, and federal law enforcement.”
The Spartanburg Police Department and ATF investigated the Gonzalez case. Seventh Circuit Assistant Solicitor Jennifer Wells, serving as a Special Assistant United States Attorney for the U.S. Attorney’s Office, is prosecuting the case.
#####
"Home Front": Spartanburg Domestic Violence Initiative Nets Another Firearms Guilty Plea in Federal CourtRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Herbert Daniel Fitch, age 48, of Simpsonville, pled guilty in federal court in Greenville to a single-count indictment charging violations of felon in possession of a firearms and ammunition and possession of firearms and ammunition after sustaining a conviction for a misdemeanor crime of domestic violence. United States District Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Fitch has prior prohibiting convictions to include three prior convictions for domestic violence, and therefore, is prohibited under federal law from possessing firearms or ammunition. He faces a maximum sentence of ten years in federal prison and remains in custody.
Evidence presented at the guilty plea hearing established that on July 28, 2016, members of the Spartanburg County Sheriff’s Office (SCSO) responded to a 911 call from the Caroline Inn and Suites where sounds of a woman screaming as well as a possible gunshot sound were captured. Upon their arrival, SCSO found the disturbance to be coming from Room 212 where they encountered Herbert Fitch with a gun in his waistband. As SCSO heard additional commotion from inside Room 212, Fitch fled. SCSO quickly located Fitch attempting to leave the hotel in a vehicle. After Fitch disregarded SCSO’s commands for him to stop the vehicle, SCSO used stop sticks to deflate Fitch’s tires. Fitch remained uncooperative though until he eventually surrendered to law enforcement. SCSO recovered two rounds of 9mm ammunition and a knife from the vehicle. Fitch was also out on bond when this conduct occurred for another pending criminal domestic violence arrest from 2015.
The prosecution of Fitch’s case in federal court is a direct result of “Home Front,” a focused deterrence-based initiative to combat domestic violence led by 7th Circuit Solicitor Barry Barnette. The initiative launched in December of 2016 and has the full support and partnership of the U.S. Attorney’s Office. This case and others are being prosecuted by Special Assistant United States Attorney Jennifer Wells, who is a 7th Circuit Assistant Solicitor specially designated by the United States Attorney’s Office to handle cases from the Seventh Circuit. Modelled after a program started in High Point, North Carolina, members of the Home Front task force began earlier this fall, meeting with representatives from every police department in Spartanburg county as well as the Sheriff’s Office. The Spartanburg County State Probation office and victim’s advocate stalwart, SAFE Homes, also serve as critical partners in this effort.
According to the Center for Disease Control and Prevention, domestic violence is a community crime problem that costs the United States over $5.8 billion every year. It is a major drain on law enforcement resources as domestic violence generates a high volume of calls and repeated calls to the same location. Domestic violence homicides make up 40–50 percent of all murders of women in the United States. Women who have experienced a history of domestic violence report more health problems than other women and they have a greater risk for substance abuse, unemployment, alcoholism, and suicide attempts. Research shows that the repeat domestic violence offender tends to have a significant criminal history that includes a wide range of both domestic violence and non-domestic violence offenses. Most of these offenders are readily identified as they are known to the criminal justice system. The Home Front initiative exposes the repeat domestic violence offender to sanctions because of his pattern of criminal behavior.
According to the 2015 Violence Policy Center “When Men Murder Women” report, South Carolina led the nation in rates of women murdered by men. Sixty-six percent (66%) of the victims were killed with a firearm and ninety-six percent (96%) of women murdered were killed by someone they knew. In Spartanburg County during the 2015 calendar year, SAFE Homes serviced 6726 victims of domestic violence. In the same time frame, the Spartanburg Police Department charged 907 domestic violence cases and the Spartanburg County Sheriff’s Office charged 1068 domestic violence cases. There were fourteen (14) domestic related deaths in Spartanburg County in 2015.
Solicitor Barnette has had enough. “Domestic violence is violence, period. It continues to plague our community--so costly and harmful to families and children, persisting year after year. It is time for these offenders to get our best shot—our best efforts. That is Home Front.”
United States Attorney Beth Drake agrees. “The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco and Firearms (ATF) welcome the opportunity to partner with Solicitor Barnette and state law enforcement, and to use federal gun laws to pull violent offenders who are abusing their families and loved ones out of the community. The goal is simple – stop the abuse, or swift and sure, the full force of a coordinated law enforcement effort will come to bear to stop you from abusing. Home Front takes the burden of addressing abusers from the victims and shifts it to us – a very engaged group of local, state, and federal law enforcement.”
The Spartanburg Police Department and ATF investigated the Fitch case. Seventh Circuit Assistant Solicitor Jennifer Wells, serving as a Special Assistant United States Attorney for the U.S. Attorney’s Office, is prosecuting the case.
#####
South Carolina Man Sentenced to 171/2 Years for Transporting Minors Across State Lines to Engage in Criminal Sexual ActivityRead the Press Release
ASHEVILLE, N.C. – U.S. District Judge Max O. Cogburn, Jr. sentenced yesterday a South Carolina man to 17 ½ years in prison and a lifetime of supervised release, on the charge of interstate transportation of a minor with the intent to engage in criminal sexual activity, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. As part of his sentence, Joseph Harold Patterson, 58, of Anderson, S.C. was also ordered to register on the sex offender registry, to pay a $20,000 court fine and $4,538.42 as restitution.
Chief Ranger Steven Kloster of the Great Smoky Mountains National Park Service joins
U.S. Attorney Rose in making today’s announcement.“Mr. Patterson has received a well-deserved lengthy prison sentence for abusing these young men. Some say there is a special place in hell for child abusers and we cannot promise Mr. Patterson will receive that just punishment, but we can guarantee that he will receive a place in the federal penitentiary and for now, that’s the best we can do,” said U.S. Attorney Rose.
“We are thankful to see justice prevail and hope that the individuals impacted by these despicable crimes are able to find some measure of solace in Mr. Patterson’s punishment,” said Great Smoky Mountains National Park Chief Ranger Steven Kloster.
According to court documents and information introduced at the sentencing hearing, in April 2015, a concerned parent contacted law enforcement to report that his child had been the victim of inappropriate sexual activity by Patterson, and that the conduct had occurred during camping trips arranged by the defendant. Court records show that between 2009 and 2011, Patterson had made at least three camping trips transporting at least three minor victims from Anderson, S.C. to the Smokemont Campground, located within the Great Smoky Mountains National Park. Court records also show that Patterson knew the minors through his affiliation with a church in Anderson. According to court records, during the camping trips Patterson encouraged the minors to engage in sexual activities in his presence. At times, Patterson also exposed himself to the minors and/or engaged in sexual activities in front of the minors.In addition to the out-of-state camping trips, court records show that Patterson had regular contact with the three victims and other children in his own home. During those encounters, Patterson gave the minors alcohol, shared pornography, discussed sexual topics and encouraged them to engage in sexual activities. Patterson also bought gifts for some of the children and took them out to restaurants, among other things. Court records show that on one occasion, Patterson attended an evening church event, during which he showed pornography to three minor children and encouraged them to engage in a sexual activity in the church bathroom.
Patterson pleaded guilty in February 2017 to one count of interstate transportation of a minor to engage in sexual activity. Patterson is currently in the custody of the United States Marshal pending his designation to a Federal Bureau of Prisons facility. All federal sentences are served without the possibility of parole.
In making today’s announcement U.S. Attorney Rose commended the National Park Service Investigative Services Branch for leading the investigation. U.S. Attorney Rose also thanked the Anderson Police Department in South Carolina and the South Carolina Attorney General’s Office for their assistance in this case. The U.S. Attorney’s Office in Asheville prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice, aimed at combating the growing online sexual exploitation of children. By combining resources, federal, state and local agencies are better able to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue those victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
# # #
Second Man Sentenced for Jewelry Store RobberiesRead the Press Release
Columbia, South Carolina --- United States Attorney Beth Drake announced today that Aquabeus Demond Moore, 37, of Atlanta, Georgia, was sentenced today to thirty-two years and one day by the Honorable Richard M. Gergel in Charleston, South Carolina. Moore was convicted of five separate counts, one count of Conspiracy to Commit Robbery Affecting Interstate Commerce, two counts of Robbery Affecting Interstate Commerce, and two counts of Brandishing a Firearm During a Violent Crime, following a four-day jury trial in United States District Court in Charleston.
Witness testimony and the evidence presented by the government during the trial established that Moore and others travelled from Atlanta to rob Sylvan Jewelers in Columbia, SC, on February 19, 2015, and MP Demetre Jewelers in Charleston, SC, on March 4, 2015. During both robberies, two masked men entered the jewelry stores during business hours. One man held the employees at gunpoint while the other man smashed the Rolex cases with sledgehammers. In total, the robbers stole 88 Rolex watches from the jewelry stores, valued at over one million dollars. Among other evidence presented during the trial, cell site location evidence established that, after traveling from Atlanta, Moore’s phone was in Columbia during the time of the Sylvans robbery and in Charleston during the time of the MP Demetre robbery. Further evidence presented during the trial established that Moore had a picture of one of the stolen Rolex watches on his phone. Investigators also recovered Moore’s fingerprint from the getaway vehicle used in the robbery of MP Demetre Jewelers.
The conviction is the result of an investigation conducted by the Federal Bureau of Investigations, City of Charleston Police Department and Columbia Police Department. Assistant United States Attorneys Nathan Williams and Emily Limehouse prosecuted the case.
#####
Operation “Real Time”: Greenville Man Pleads Guilty in Federal Court to Felon in Possession of Firearms and AmmunitionRead the Press Release
Greenville, South Carolina---- United States Attorney Beth Drake stated today that Johnny Ray Hamby, age 53, of Travelers Rest, South Carolina, pled guilty in federal court in Greenville pursuant to his federal indictment for felon in possession of firearms and ammunition. United States District Court Judge Timothy M. Cain accepted the plea and will impose sentence after United States Probation has prepared a presentence report. Hamby is prohibited from possessing firearms or ammunition based on his prior felony convictions. He faces up to ten years in federal prison.
Evidence presented by the government during the guilty plea hearing established that on March 10, 2017, members of the Greenville County Sheriff’s Office (GCSO) responded to Hamby’s residence in relation to a possible drug overdose victim. During the initial investigation, GCSO observed a revolver and ammunition in plain view inside the residence. After then obtaining a search warrant for the residence, GCSO searched the house and recovered twenty-one firearms and assorted ammunition.
Hamby’s case was expedited for federal prosecution pursuant to Operation “Real Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community. “Real Time” is a working collaboration between local, state, and federal law enforcement as well as state and federal prosecutors. Since August of 2015, the initiative has resulted in the expedited federal prosecution of over 120 defendants and seizure of over 165 firearms as well as assorted ammunition from prohibited persons in the upstate.
U.S. Attorney Beth Drake commended the partnership between local, state, and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case. “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing and we welcome the opportunity to work alongside our state chiefs, sheriffs, and solicitors in taking violent repeat offenders out of our communities.”
The Greenville County Sheriff’s Office and ATF investigated the case. Assistant United States Attorney Max Cauthen is prosecuting the case.
#####
Operation "Real Time": Federal Jury Finds Greenville Felon Guilty in Firearms TrialRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake announced today that a jury returned a guilty verdict following a one-day jury trial in federal court in Greenville, South Carolina Monday. The jury found Alvin Andrae Drummond, age 41, of Greenville, guilty of possession of a firearm and ammunition by a person who had been convicted of both a felony and a misdemeanor crime of domestic violence. The trial was held before Senior United States District Judge Henry M. Herlong, Jr., of Greenville. Judge Herlong will impose a sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office. Drummond faces up to Life in prison and remains in custody.
Witness testimony and the evidence presented by the government at trial established that on May 10, 2017, deputies from the Greenville County Sheriff’s Office went to the RedRoof Inn in Greenville to investigate information they had received about methamphetamine, heroin, and pills being sold from Room 131 of the motel. The deputies were allowed into the room and found 8 people, including Alvin Drummond. The deputies saw drug paraphernalia and other indicators of drug activity and obtained a search warrant for the room. During the execution of the search warrant, deputies found a book bag that contained a loaded Smith & Wesson 38. caliber revolver, 23 additional rounds of ammunition, and Alvin Drummond’s wage paperwork.
A Greenville County Sheriff’s Office Investigator and Task Force Officer (TFO) with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) interviewed Drummond. After being advised of his Miranda rights, Drummond admitted the book bag was his, but denied knowledge of the gun. The TFO then questioned each person who had been in the room in front of Drummond, asking them if they: (1) put the revolver in the book bag; (2) saw anyone else put the gun in the book bag; or (3) if anyone else had left the room since Drummond arrived. Each person answered no to all of the questions, and Drummond stated that he did not think any of them were lying.
A Greenville County Forensic Technician arrived on scene and collected the evidence. The Forensic Technician processed the gun and found a fingerprint on the cylinder of the Smith & Wesson revolver. A Latent Print Examiner from the Greenville County Forensics Division identified the fingerprint as belonging to Alvin Drummond.
Drummond’s case was expedited for federal prosecution pursuant to Operation “Real Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community. “Real Time” is a working collaboration between local, state, and federal law enforcement as well as state and federal prosecutors. Since August of 2015, the initiative has resulted in the expedited federal prosecution of over 120 defendants and seizure of over 165 firearms as well as assorted ammunition from prohibited persons in the upstate.
“ATF is extremely appreciative of our partners and this collaborative effort to make our communities safer,” said Charlotte Field Division’s Special Agent in Charge C.J. Hyman. “ATF has committed our resources to help tackle illegal firearms possession and violent crime. That commitment, combined with the cooperation of the Greenville County Sheriff’s Office and other local law enforcement agencies, our federal partners, the 13th Circuit Solicitor’s Office and the U.S. Attorney’s Office, has resulted in a very successful effort with a long-term impact on violent crime in the upstate and beyond.”
U.S. Attorney Beth Drake commended the partnership between local, state, and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case. “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing and we welcome the opportunity to work alongside our state chiefs, sheriffs, and solicitors in taking violent repeat offenders out of our communities.”
The case was investigated by the Greenville County Sheriff’s Office, the Greenville County Forensic Division, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Jamie Schoen prosecuted the case.
#####
Mountville Man Enters Guilty Plea in Federal Court to Possession with Intent to Distribute Crack Cocaine ChargesRead the Press Release
Greenville, South Carolina---- United States Attorney Beth Drake stated today that Corey Rashad Yeargin, age 24, of Mountville, South Carolina, pled guilty in federal court in Greenville, pursuant to an indictment for possession with intent to distribute crack cocaine. United States District Court Judge Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a presentence investigation report. Yeargin faces up to 20 years in federal prison.
Evidence presented by the government during the plea established that on October 5, 2016, members of the Laurens County Sheriff's Office (LCSO) executed a search warrant at a residence in Cross Hill, South Carolina. LCSO Deputies heard gunfire as they approached the residence and detained multiple individuals, including Yeargin, at the residence. LCSO located a bag containing 13 grams of crack cocaine in Yeargin’s pocket.
The Laurens County Sheriff’s Office and ATF investigated the case. Assistant United States Attorney Max Cauthen is prosecuting the case.
#####
Greenville Man Enters Guilty Plea on Federal Firearms ChargesRead the Press Release
Greenville, South Carolina---- United States Attorney Beth Drake stated today that Oran Kenta Crisp, age 37, of Greenville, South Carolina, pled guilty in federal court in Greenville pursuant to a federal indictment for felon in possession of a firearm and ammunition. United States District Court Judge Timothy M. Cain accepted the plea and will impose sentence after United States Probation has prepared a presentence investigation report. Crisp faces up to ten years in federal prison and remains in custody.
Evidence presented by the government during the plea established that on March 23, 2017, members of the Greenville County Sheriff’s Office (GCSO) deputies responded to a shots-fired call at a residence in Greenville. Pursuant to their investigation on scene, GCSO recovered a Smith and Wesson .40 caliber pistol, a magazine loaded with .40 caliber ammunition in the back yard, and a spent .40 caliber cartridge in the front yard. When interviewed by GCSO, Crisp told responding Deputies that he was arguing with a friend over the return of a car and fired the weapon.
Crisp’s case was expedited for federal prosecution pursuant to Operation “Real Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community. “Real Time” is a working collaboration between local, state, and federal law enforcement as well as state and federal prosecutors. Since August of 2015, the initiative has resulted in the expedited federal prosecution of over 120 defendants and seizure of over 165 firearms as well as assorted ammunition from prohibited persons in the upstate.
U.S. Attorney Beth Drake commended the partnership between local, state, and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case. “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing and we welcome the opportunity to work alongside our state chiefs, sheriffs, and solicitors in taking violent repeat offenders out of our communities.”
The Greenville County Sheriff’s Office and ATF investigated the case. Assistant United States Attorney Max Cauthen is prosecuting the case.
#####
Defendants Plead Guilty to Upstate Counterfeiting ConspiracyRead the Press Release
Greenville, South Carolina---- United States Attorney Beth Drake stated that Crystal Hudson, age 36, of Honea Path, South Carolina, Travis Attaway, age 26, of Belton, South Carolina, and Evan Tatham, age 26, of Anderson, South Carolina, entered guilty pleas yesterday in federal court in Greenville to Conspiracy to Pass Counterfeit Federal Reserve Notes, in violation of Title 18 U.S.C. § 371. United States District Judge Timothy M. Cain of Anderson accepted the guilty plea and will impose the 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 Crystal Hudson manufactured and trained others to manufacture counterfeit federal reserve notes in the Upstate of South Carolina. Evan Tatham transported counterfeit notes and manufacturing material for a co-conspirator and passed counterfeit notes in exchange for drugs. Travis Attaway received counterfeit from multiple co-conspirators and passed it at locations including the Stop-A-Minute and Bojangles in Belton, SC.
Ms. Drake stated that the maximum penalty Hudson, Tatham, and Attaway could receive is 5 years imprisonment and a fine of $250,000 dollars. The case was investigated by the United States Secret Service, Anderson County Sheriff’s Office, Anderson Police Department, Belton County Police Department, Greenville County Sheriff’s Office, Easley Police Department, and the South Carolina Department of Probation, Parole, and Pardon Services. Assistant United States Attorneys Jamie Lea Schoen of the Greenville office prosecuted the case.
#####
Charlotte Man Pleads Guilty to Identity TheftRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Stanley Fard Harper, age 32, of Charlotte, pled guilty in federal court in Columbia to Aggravated Identity Theft, a violation of Title 18, United States Code, § 1028A. United States District Judge J. Michelle Childs, of Columbia, accepted the guilty plea and will sentence him at a later date.
Harper was an employee of The Lash Group, a health care consulting firm located in Ft. Mill, SC, since 2010. Harper had access to the personal identification information (PII) of Lash’s customer pool. Harper stole this information and used it to open bank and credit card accounts at Founders Federal Credit Union, also located in Ft. Mill.
Harper used Lash client files to set up fraudulent accounts at Founders using his personal cell phone. He would then go to the Founders branch in Ft. Mill, deposit a nominal sum to show activity, then apply for a credit card linked to that account. He would then use a fake North Carolina identification and a fake social security card matching the stolen identity to make cash advances and purchases. He would then deposit additional money into the account to increase the credit limit on his card. He used the fraudulent cards until they were suspended for nonpayment, and then he would get rid of all the documents. He opened thirteen accounts. He received his false identification documents from a website for $60 per set. All of the cash advances and purchases were for personal items.
Harper also opened fraudulent accounts at Charlotte Metro Federal Credit Union, Truliant Federal Credit Union, and Chase Bank USA. The total actual loss to all the financial institutions was $75,571.51.
Ms. Drake stated the statutorily mandated penalty faced by Harper is imprisonment for two years, with a potential fine up to $250,000.
The United States Secret Service investigated the case. Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.
#####
Central Man Pleads Guilty to Possession with Intent to Distribute MethamphetamineRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated that David Lee Cook, age 38, of Central, South Carolina, entered a guilty plea yesterday in federal court in Greenville to Possession with Intent to Distribute 50 Grams or More of a Substance Containing Methamphetamine, in violation of Title 21 U.S.C. § 841. United States District Judge Timothy M. Cain accepted the guilty plea and will impose the 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 May 5, 2017, law enforcement observed someone throw a brown bag from the window of a car. Officers collected the brown bag and located methamphetamine. Officers pulled over the vehicle, in which Cook was the passenger. Cook confessed that he had thrown the bag of drugs out of the window when he saw the officer’s vehicle.
Ms. Drake stated that the maximum penalty Cook could receive is 40 years imprisonment and a fine of $5,000,000 dollars. The case was investigated by agents of Bureau of Alcohol, Tobacco and Firearms, and the Anderson County Sheriff’s Office. Assistant United States Attorneys Jamie Lea Schoen of the Greenville office prosecuted the case.
#####
Allendale Drug Trafficker Convicted by Federal JuryRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Ernest Roberts, a/k/a “Balla Walla,” (age 41) of Allendale, South Carolina, was convicted this morning by a jury in Columbia, South Carolina, after a two-day trial in federal court. Roberts was charged and convicted of possession with intent to distribute and distribution of crack cocaine, in violation of Title 21, United States Code, Section 841.
Audio and video evidence presented at trial established that on February 22, 2016, Roberts traveled to Bert’s Fast Stop and Pawn Store in Fairfax, South Carolina to meet with an informant working with the South Carolina Law Enforcement Division (SLED). After discussing the meet on several recorded phone calls, evidence established that Roberts sold the informant 26.35 grams of “crack” cocaine in exchange for $1300.00 while standing near 10th Street in Fairfax. SLED Agents testified that they observed the transaction and identified Ernest Roberts as the individual who met with the informant to conduct the controlled purchase.
During a pretrial conference held on the case on August 23, 2017, the parties discussed Roberts’ extensive prior record for drug distribution offenses. As a result of his prior convictions for possession with intent to distribute oxycodone and crack cocaine in 2014, possession with intent to distribute marijuana in 2013, and distribution of cocaine in 2006, Roberts faces a statutory sentencing range of up to 30 years in federal prison as a result of his conviction.
This case was investigated by Special Agents with the South Carolina Law Enforcement Division (SLED) and Officers with the Allendale Police Department. The case was prosecuted pursuant to 14th Circuit Solicitor Duffie Stone’s longstanding partnership with the United States Attorney’s Office to target career criminals in Beaufort, Jasper, Hampton, Colleton, and Allendale Counties in federal court. Solicitor Stone noted, “this case is an excellent example of how State and Federal cooperation can target and eliminate the threat of career criminals in South Carolina.” Special Assistant United States Attorney Carra Henderson of the 14th Circuit Solicitor’s Office and Assistant United States Attorney JD Rowell of the US Attorney’s Office in Columbia prosecuted the case.
United States District Judge Mary G. Lewis of Columbia presided over the trial of the case and will impose sentence after a presentence investigation report has been prepared by the United States Probation Office.
#####
Greenville Man Pleads Guilty in $700,000 Fraud SchemeRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Calvert J. Drummond, Jr., age 34, of Greenville, pled guilty today in federal court in Greenville, to conspiracy to commit wire fraud, a violation of Title 18, United States Code, Section 1349. 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 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. Agents estimate that Drummond stole over $700,000 during the scheme.
Ms. Drake stated the maximum penalty Drummond can receive is a fine of $250,000 and/or imprisonment for no more than 20 years, plus a special assessment of $100.
The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
#####
Bishopville Man Pleads Guilty to Theft of Government MoneyRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Preston Alexander Elmore, age 35, of Bishopville, pled guilty in federal court in Columbia to Theft of Government Money, a violation of Title 18, United States Code, § 641. Senior United States District Judge Margaret B. Seymour, of Columbia, accepted the guilty plea and will sentence him at a later date.
Elmore received farm loans from the USDA Farm Service Agency office in Bishopville in 2012. The loans were to be used to purchase a tractor, a combine, grain heads, an irrigation system, a generator, and to dig a well.
On April 2, 2012, Elmore requested $19,800 from the USDA for the purchase of farm equipment. Specifically, he planned to purchase two John Deere tractors, a John Deere grain head implement, and a John Deere corn head implement from his parents. He did not use the loan money to make these purchases.
On June 27, 2012, Elmore was loaned $59,900 for the remainder of money owed to Palmetto Irrigation for a generator and irrigation system. None of the money went to pay for these items. Instead, the money went to Elmore’s account, and he used it for his own purposes.
Elmore defaulted on both loans. Furthermore, Elmore damaged, destroyed, removed, or sold the collateral for the irrigation system and the generator.
Ms. Drake stated the maximum penalty faced by Elmore is imprisonment for ten years and a fine of $250,000.
The United States Department of Agriculture, Office of the Inspector General, investigated the case. Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.
#####
Assistant US Attorneys from South Carolina Recipients of National ATF Honor Award in Washington Ceremony Yesterday at ATF HeadquartersRead the Press Release
Columbia, South Carolina ---- United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Acting Director Thomas E. Brandon presented the ATF Honor Award to Assistant US Attorney Jamie Schoen, Assistant US Attorney Max Cauthen, and First Assistant US Attorney Lance Crick for their collective and ongoing efforts to partner with local, state, and federal law enforcement to secure communities through the expedited federal arrest, detention, and prosecution of violent, repeat gun offenders in upstate South Carolina, an initiative known as “Operation Real Time.” The awards were presented at the 21st Annual ATF Awards Ceremony yesterday at ATF National Headquarters in Washington, D.C. United States Attorney General Jeff Sessions was the featured speaker for the event and NBC News Justice Department Correspondent Pete Williams presented the awards.
The ATF Honor Award is given to a select few non-ATF government officials who have significantly contributed to ATF’s overall mission through long-standing support and cooperation. Operation Real Time, created by Crick in concert with the Greenville Police Department and ATF/Greenville in August 2015, hinges on constant communication between all levels of law enforcement and state and federal prosecutors, to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the upstate community.
Working together, this collaborative partnership has been able to identify violent felons with firearms in “real time,” swiftly arrest those individuals on federal charges, and seek detention pending trial or plea--effectively removing armed repeat offenders from the community from point of local arrest. Since its inception, the initiative has resulted in the expedited federal prosecution of over 125 defendants and the seizure of over 160 firearms as well as assorted ammunition from prohibited persons in the upstate. Based on the success of the program, the Real Time model is now being launched in other counties and cities across the state.
U.S. Attorney Beth Drake commended the work of Schoen, Cauthen, and Crick in praising the Real Time partnership. “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing and we welcome the opportunity to work alongside our state chiefs, sheriffs, and solicitors in taking violent repeat offenders out of our communities.”
Pictured above, from left: NBC Correspondent Pete Williams, Acting ATF Director Thomas E. Brandon, First Assistant US Attorney Lance Crick, Assistant US Attorney Jamie Schoen, Assistant US Attorney Max Cauthen, and Associate Deputy Director Ronald D. Turk.
Hearing Set for Brandon Michael Council in Federal CourtRead the Press Release
Columbia, South Carolina-------United States Attorney Beth Drake announced today that a hearing for Brandon Michael Council, age 32, of Wilson, North Carolina, has been set for Thursday afternoon, August 24, 2017, at 2:00 P.M. in the federal courthouse in Greenville, North Carolina, 216 S. Evans St.
Council has been charged in a criminal complaint with Armed Bank Robbery with a Deadly weapon Resulting in Death and with Use, Carry, and Possession of a Firearm in Furtherance of a Crime of Violence.
The case was investigated by Special Agents with the Federal Bureau of Investigation, Conway Police Department, South Carolina Law Enforcement Division, 15th Circuit Solicitor’s Office, South Carolina Highway Patrol, Horry County Police Department, Horry County Sheriff’s Office, Myrtle Beach Police Department, Wilson North Carolina Police Department, Greenville North Carolina Police Department, Bureau of Alcohol Tobacco and Firearms, and the United States Marshal’s Service.
The United States Attorney stated that all charges are merely accusations and that the defendants are presumed innocent until and unless proven guilty.
#####
Columbia Man Sentenced on Firearm and Drug Trafficking OffenseRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated that Michael D. Quattlebaum, age 45, of Columbia, South Carolina, was sentenced in federal court to possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A)(i), and possession with intent to distribute a quantity of cocaine, in violation of Title 21, United States Code, Section 841(b)(1)(C). United States District Judge Mary Geiger Lewis sentenced Quattlebaum to 68 months imprisonment with 3 years of federal supervised release to follow.
Evidence presented at the earlier change of plea hearing established that on April 17, 2016, Quattlebaum attempted to allude officers of the Columbia Police Department during a routine traffic stop. Evidence showed that Quattlebaum left his vehicle and led officers on a foot chase. During the foot chase, officers observed Quattlebaum opening large packages of cocaine and attempting to get rid of the controlled substance. Officers eventually apprehended Quattlebaum and discovered a quantity of cocaine on his person. From the vehicle, officers also recovered a firearm, a Walther PPX, 9mm pistol, ammunition, and various drug paraphernalia, which all belonged to Quattlebaum. Quattlebaum is prohibited under federal law from possessing firearms based upon his prior state convictions and adjudications for pointing and presenting a firearm and assault and battery.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Columbia Police Department and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Alyssa L. Richardson of the Columbia office handled the case.
#####
Blood Gang Member Sentenced to 85 Months for Possession of Fully Automatic Firearm and Reckless Endangerment During Flight from Law EnforcementRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Jacquel Sumter, age 23, of Columbia, was sentenced today in federal court in Columbia, South Carolina, after pleading guilty to felon in possession of a firearm and possession of a firearm with an obliterated serial number. United States District Judge Mary G. Lewis, of Columbia, sentenced Sumter to 85 months incarceration, followed by three years of supervised release.
Evidence presented at the change of plea hearing and sentencing hearing established that on January 21, 2017, Deputies with the Kershaw County Sheriff’s Office observed a blue Honda CRV traveling at approximately 105 miles per hour near mile marker 100 on Interstate 20 in Kershaw County. When Deputies initiated their blue lights and sirens, the driver, later identified as Sumter, accelerated and attempted to flee. The chase continued for approximately 10 minutes with Sumter weaving in and out of traffic at speeds in excess of 120 miles per hour. After Sumter entered Richland County, he began to slow down and drift towards a barrier wall on Interstate 20. As the vehicle slowed, Sumter and the other four occupants of the vehicle jumped out and attempted to run into the wood line. After a short foot chase and a brief resistance, Deputies detained Sumter.
When Deputies searched the CRV they located a fully automatic Intratec Model Tec 9, nine millimeter pistol with an obliterated serial number between the driver’s seat and center console. The firearm was loaded with 14 rounds of nine millimeter CBC ammunition. A records check for Sumter revealed he was convicted of Assault and Battery of a High and Aggravated Nature on December 13, 2016. This offense carries a term of imprisonment exceeding one year and prohibited Sumter from possessing firearms and ammunition. According to Sumter’s rap sheet he is a known documented Bloods Gang member.
Following Sumter’s arrest, he was placed in a Kershaw County Sheriff’s Office patrol vehicle and advised of his Miranda rights. After Sumter waived his rights, he agreed to talk and indicated he jumped out and ran when he saw the blue lights. He claimed he was sleeping during the police chase and did not know who was driving the vehicle. Deputies determined that the CRV was stolen out of Richland County and while searching the vehicle Deputies also found various electronics, a safe, burglary tools, and male clothing (a pair of red and black pants).
During the sentencing hearing, AUSA J.D. Rowell noted that Sumter had been arrested and convicted of various crimes a total of 13 times between 2004 and 2017. Despite numerous state arrests for charges including burglary, simple assault and battery, disturbing schools, possession of marijuana, carrying a concealed weapon, petit larceny, trespassing, and assault and battery of a high and aggravated nature (ABHAN), Sumter has never served a significant custodial sentence. On December 13, 2016, Sumter pled guilty to ABHAN in Richland County General Sessions Court and received a sentence of 15 months imprisonment with credit for time served. Thirty-nine (39) days after being sentenced to state prison, he fled from Kershaw County Deputies in a high-speed chase at speeds of over 120 mph, while armed with a fully automatic Tech 9 assault pistol.
As part of their investigation, ATF Agents searched Sumter’s public Facebook page and found numerous photographs of Sumter possessing firearms. At the time of his arrest, Sumter’s profile picture depicted Sumter wearing a mask, holding the Tech 9 assault pistol, and wearing the same red pants that were located in the back of the stolen CRV he was driving on January 21, 2017.
Other photographs presented at sentencing show Sumter possessing numerous firearms including some while appearing to use marijuana.
The case was investigated by the Kershaw County Sheriff’s Office, the Columbia Police Department, and agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney JD Rowell of the Columbia office prosecuted the case.
#####
Florence Man Sentenced in Federal Court on Fraud ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Urban Oshea, II, age 48, of Florence, South Carolina, was sentenced in federal court in Florence, for Conspiracy to Manufacture and Pass Counterfeit Securities, a violation of Title 18, United States Code, Section 371. United States District Judge Bryan Harwell sentenced Oshea to 15 months’ imprisonment followed by 3 years supervised release. Oshea was also ordered to pay over $31,000 in restitution to victims of the fraud.
The evidence presented the guilty plea hearing established that during the period from August 2015 through January of 2016, Oshea and others were involved in a conspiracy to manufacture and pass counterfeit securities (checks) of organizations.
The co-conspirators would make counterfeit checks using genuine bank account and routing numbers they obtained from checks they stole out of mailboxes in Horry and Georgetown Counties.
The defendant would then use fraudulent driver's licenses bearing his photograph but in other persons' names which matched the names on the counterfeit checks, to pass these counterfeit checks at various businesses.
The defendant would use the checks to purchase merchandise at one store, then he would go to another store in the same chain and exchange the merchandise for cash.
The case was investigated by officers of the Horry County Police Department and agents of the U.S. Postal Inspection Service. Assistant United States Attorney A. Bradley Parham of the Florence office handled the case.
#####
Operation “REAL-TIME”: Man Who Discharged a Firearm at Fountain Inn Plant in May Enters Guilty Plea in Federal CourtRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that David Jerome Butler, age 43, of Simpsonville, pled guilty this week in federal court in Greenville to felon in possession of a firearm and ammunition. United States District Judge Bruce H. Hendricks accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Butler faces a statutory maximum sentence of 10 years in federal prison.
Evidence presented at the change of plea hearing established that On May 5, 2017, at approximately 5:43 a.m., the Laurens County Sheriff’s Office (LCSO) received a call for service regarding an active shooter at Yanfeng Global Automotive Interiors in Fountain Inn, South Carolina. LCSO deputies and law enforcement officers from multiple agencies responded to the scene and successfully secured the premises. The alleged shooter, identified as David Jerome Butler, had already fled the scene and one victim was transported to the hospital with non-life threatening injuries.
Initial scene investigation, including victim and witness interviews, revealed that earlier in the morning while inside the building, Butler and a co-worker had gotten into an argument over a work situation that escalated into a physical confrontation. Butler then left the building and retrieved a handgun from his vehicle in the parking lot. Butler re-entered the building and confronted the co-worker on the plant floor. Butler pointed a Beretta 9mm pistol at the co-worker and fired a round that hit the floor and injured another worker. The co-worker, assisted by two other workers, fought Butler and took the gun away from him. Butler then fled the scene in his vehicle. ATF obtained a federal arrest warrant that same morning and arrested Butler upon his self-surrender to local authorities days later. He was detained upon his arrest and remains in custody. Butler, who is prohibited from possessing firearms or ammunition, faces a maximum of ten years in federal prison.
Butler’s case was expedited for federal prosecution pursuant to “Operation Real-Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community. “Real Time” is a working collaboration between local, state, and federal law enforcement as well as state and federal prosecutors. Since August of 2015, the initiative has resulted in the expedited federal prosecution of over 120 defendants and seizure of over 160 firearms as well as assorted ammunition from prohibited persons in the upstate.
U.S. Attorney Beth Drake commended the partnership between local, state, and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case. “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing and we welcome the opportunity to work alongside our state chiefs and sheriffs in taking violent repeat offenders out of our communities.”
The Laurens County Sheriff’s Office and ATF investigated the case. First Assistant United States Attorney Lance Crick is prosecuting the case.
#####
Union Man Sentenced to 15 Years for Illegal Possession of FirearmRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Dennis Earl Byrd, age 35, of Union, South Carolina, was sentenced to 15 years imprisonment, followed by 5 years of supervised release, after pleading guilty to being a felon in possession of a firearm, a violation of Title 18, United States Code, Section 922(g). United States District Judge Bruce Howe Hendricks, of Greenville, sentenced Byrd on August 16, 2017.
At an earlier guilty plea hearing, Assistant U. S. Attorney Jeanne Howard, established that on August 25, 2015, Byrd was arrested after an altercation with Union Police Officers while they were responding to a disturbance call. Byrd was found in possession of a loaded .32 caliber revolver. Because of his prior criminal history including three prior convictions for distribution of crack cocaine and a conviction for lynching, 2nd degree, Byrd is considered an armed career criminal and subject to a statutory mandatory minimum sentence of 15 years.
The case was investigated by agents of the FBI Safe Streets Task Force, Union Police Department, and the Union County Sheriff’s Office. Assistant United States Attorney Jeanne Howard of the Greenville office handled the case.
#####
Myrtle Beach Man Sentenced in Federal Court on Possession of Firearm ChargeRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Jeremey Dewayne Faulk, 30, of Myrtle Beach, was sentenced in federal court in Florence, South Carolina, for felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g). United States District Judge R. Bryan Harwell, of Florence, sentenced Faulk to 84 months in prison followed by a three-year term of supervised released.
Evidence presented at the change of plea on November 29, 2016, and the sentencing hearing, established that on February 7, 2016, officers with the Horry County Police Department initiated a traffic stop in Longs, South Carolina, on a vehicle driven by Faulk. A subsequent search of the vehicle, led to the seizure of a .380 caliber pistol, 71 rounds of ammunition and a small amount of marijuana. Faulk later admitted that the firearm was his. Faulk was prohibited from possessing a firearm or ammunition due to previous felony convictions.
The case was investigated by ATF and the Horry County Police Department. Assistant United States Attorney Christopher D. Taylor of the Florence office prosecuted the case.
#####
Loris Man Sentenced in Federal Court on Drug Conspiracy ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Emmanuel Lamar Bellamy, age 28, of Loris, was sentenced in Florence to 108 months imprisonment followed by a three-year term of supervised release. On April 18, 2017, Bellamy entered a guilty plea in federal court to conspiracy to possess with intent to distribute a quantity of marijuana, cocaine, cocaine base and oxycodone. United States District Judge R. Bryan Harwell imposed the sentence.
The evidence presented at the change of plea hearing and sentencing hearing established that members of ATF and the Horry County Police Department were investigating illegal drug activity in the Loris, South Carolina area. As part of that investigation, agents made two controlled buys of cocaine base from Bellamy in October and November 2015.
On September 7, 2016, agents were investigating information that Bellamy and others were using a hotel in Loris for illegal drug activity. Agents set up surveillance on the hotel and observed Bellamy entering and leaving the hotel. Agents stopped Bellamy as he drove away from the hotel. After the initial stop, Bellamy fled the scene in his vehicle and led agents on a brief chase before his vehicle struck another vehicle ending the pursuit. At that point, a passenger in Bellamy’s vehicle jumped out of vehicle and fled the scene but was apprehended. Bellamy and the passenger were arrested. Officers searched Bellamy and found over $3,000 in cash on him. Police also searched the vehicle and found marijuana and oxycodone pills. A firearm and drugs were also found near where the passenger was apprehended. Agents also found Bellamy in possession of a room key to the hotel. Agents obtained a search warrant for the hotel room and located nearly 800 grams of cocaine, 78 grams of cocaine base, $80,000 in cash, two handguns and more oxycodone pills.
The case was investigated by agents with ATF and the Horry County Police Department. Assistant United States Attorney Chris Taylor of the Florence office prosecuted the case.
#####
Former Charleston-Based NOAA Employee Sentenced to 4 Years Prison for Possession of Child Pornography Involving Prepubescent MinorsRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Clayton A. Norfleet, age 55, of West Columbia, South Carolina was sentenced today in federal court in Charleston, South Carolina, for Possession of Child Pornography Involving a Prepubescent Minor, a violation of 18 U.S.C. §§ 2252A(a)(5)(B) and (b)(2). Senior United States District Judge Patrick Michael Duffy, of Charleston, sentenced Norfleet to 4 years of prison followed by a lifetime of supervised release.
Evidence presented at the change of plea hearing established that on March 22, 2015, a Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA) Security Operations Center analyst discovered a computer user onboard NOAA ship Ron Brown, Office of Marine and Aviation Operations (OMAO), connected to an internet relay chat (IRC) website. The website allows users to chat online as well as upload and download images. The website is notorious for a prevalence of child pornographic images and is frequented by pedophiles. The analyst also discovered log files that indicated that the user’s web traffic and website contained entries related to child pornography and pedophilia. Further investigation revealed that the defendant, Clayton A. Norfleet, Electronics Technician, NOAA, OMAO was the user that accessed the IRC website using a government computer while on board the NOAA Ship Ron Brown.
When this incident occurred on March 22, 2015, the NOAA Ship Ron Brown was in the Pacific Ocean and scheduled to arrive in port at Ford Island, Hawaii on May 13, 2015. On May 13, 2015, NOAA, Office of Law Enforcement (OLE) agents seized the government computer assigned to Norfleet, from the NOAA Ship Ronald H. Brown, which was docked at Ford Island, Hawaii.
A forensic analysis of the government computer indicated that Norfleet logged in using the “Administrator” account and viewed child pornography. Some of the images and videos were stored in the thumb cache. Furthermore, link files associated with child pornography were located on the computer. Forensic analysis also showed Norfleet was utilizing portable web browsers operated from external drives that do not cache any internet history or browser files to the local computer.
On July 14, 2014, DOC-Office of Inspector General (DOC-OIG) agents interviewed Norfleet at NOAA Port Office, located in Charleston. Norfleet admitted that he used the government computer while aboard NOAA Ship Ron Brown to view child pornography on the IRC website, and he admitted he ran portable web browsers from a removable thumb drive. Norfleet then turned over a thumb drive containing child pornography to the agents.
Norfleet also told agents that he had a personal desktop computer at his residence in West Columbia, South Carolina that contained evidence of child pornographic material. Norfleet indicated that he did not have any data stored on his computer but that agents would find “links” to child pornographic material on his computer. Agents then traveled to Norfleet’s residence and seized his personal desktop computer.
DOC-OIG agents conducted digital data analysis on the personal thumb drive and personal desktop computer owned and used by Norfleet. The results revealed 62 child pornography images and 23 child pornography videos, including images and videos involving prepubescent minors.
The case was investigated by agents of the Department of Commerce-Office of Inspector General. Assistant United States Attorney Dean H. Secor of the Charleston 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 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.
#####
Columbia Man Charged Federally with 2008 Drug Related Kidnapping and Murder of Aiken VictimRead the Press Release
United States Attorney Beth Drake stated today a Federal Grand Jury in Columbia, South Carolina, returned a multiple-count indictment in connection with a drug-related murder in Aiken:
Antonio Miller, age 38, of Columbia, South Carolina was charged in a three-count indictment with use of a firearm in furtherance of a crime of violence and drug trafficking causing death (a violation of 18 U. S. C. §924(j)); kidnapping resulting in death (a violation of 18 U. S. C. §1201); and drug conspiracy resulting in death (a violation of 21 U. S. C. §846). Miller could receive life without the possibility of parole on each of these charges.
The indictment alleges that on September 15, 2008, Miller kidnapped and restrained the victim Fred Tucker, binding his hands and feet and torturing him with a hot screwdriver. After so torturing Tucker, Miller maliciously killed Tucker by shooting him in the chest. The indictment also alleges that Miller and others conspired to distribute crack cocaine and, while engaged in this conspiracy, Miller intentionally killed Tucker.
Miller will be arraigned on the indictment by the Honorable Shiva V. Hodges, United States Magistrate Judge on Thursday, August 17, 2017 at 2:30 pm at the Mathew J. Perry Federal Courthouse located at 901 Richland Street, Columbia, South Carolina.
The case was investigated by the Aiken County Sheriff’s Office, the Richland County Sheriff's Office, agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Aiken Department of Public Safety, North Augusta Department of Public Safety, and the Federal Bureau of Investigation. Assistant United States Attorneys JD Rowell and Jay N. Richardson of the Columbia office are prosecuting the case.
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.
#####
Operation “REAL-TIME”: Anderson Man Enters Guilty Plea in Federal Court on Firearms and Ammunition ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Elijah Muhammad Davis-Barton, age 23, of Anderson, pled guilty in federal court in Greenville to felon in possession of a firearm and ammunition. United States District Judge Bruce H. Hendricks accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Davis-Barton faces a statutory maximum sentence of 10 years in federal prison.
Evidence presented at the change of plea hearing established that on March 28, 2017, a deputy with the Anderson County Sheriff’s Office (ACSO) conducted a traffic stop on a car driven by Davis-Barton. During the stop, after Davis-Barton told law enforcement that there was a firearm in the center console of the vehicle, ACSO recovered a loaded Lorcin .380 caliber pistol with an unidentifiable serial number from the center console. Davis-Barton, prior to his possession of the loaded pistol, had previously been convicted of crimes prohibiting him from possessing firearms or ammunition.
Davis-Barton’s case was expedited for federal prosecution pursuant to “Operation Real-Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community. In addition to ACSO and ATF, Real Time’s core partners include the Greenville Police Department, the Greenville County Sheriff’s Office, the Anderson Police Department, the South Carolina Department of Probation, Parole, and Pardon Services, the South Carolina Highway Patrol, United States Probation, the Department of Homeland Security, FBI, DEA, , the 13th Circuit Solicitor’s Office, 10th Circuit Solicitor’s Office, 7th Circuit Solicitor’s Office, and the U.S. Attorney’s Office. Since August of 2015, the initiative has resulted in the expedited federal prosecution of over 120 defendants and seizure of over 160 firearms as well as assorted ammunition from prohibited persons.
U.S. Attorney Beth Drake commended the partnership between the state and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case, “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing, and we welcome the opportunity to work alongside our state chiefs and sheriffs in taking violent repeat offenders out of our communities.”
The Anderson County Sheriff’s Office along with the ATF investigated the case. Assistant United States Attorney Max Cauthen is prosecuting the case.
#####
Operation “REAL-TIME”: Anderson Felon Enters Guilty Plea in Federal Court on Gun ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Tyler Scott Gurley, age 26, of Anderson, pled guilty in federal court in Greenville to felon in possession of a firearm. United States District Judge Bruce H. Hendricks accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Gurley faces a statutory maximum sentence of 10 years in federal prison.
Evidence presented at the change of plea hearing established that on January 11, 2017, a deputy with the Anderson County Sheriff’s Office (ACSO) conducted a traffic stop on a car driven by Gurley. A subsequent search of the vehicle resulted in the seizure of a Glock 9mm caliber pistol along with a clear, crystal like substance that field-tested positive for methamphetamine. Gurley told ACSO that the suspected methamphetamine and the pistol belonged to him.
Gurley was arrested federally as part of “Operation Real-Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community. In addition to ACSO and ATF, Real Time’s core partners include the Greenville Police Department, the Greenville County Sheriff’s Office, the Anderson Police Department, the South Carolina Department of Probation, Parole, and Pardon Services, the South Carolina Highway Patrol, United States Probation, the Department of Homeland Security, FBI, DEA, the 13th Circuit Solicitor’s Office, the 10th Circuit Solicitor’s Office, the 7th Circuit Solicitor’s Office, and the U.S. Attorney’s Office. Since August of 2015, the initiative has resulted in the expedited federal prosecution of over 120 defendants and seizure of over 160 firearms as well as assorted ammunition from prohibited persons.
U.S. Attorney Beth Drake commended the partnership between the state and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case, “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing, and we welcome the opportunity to work alongside our state chiefs and sheriffs in taking violent repeat offenders out of our communities.”
The Anderson County Sheriff’s Office and ATF investigated the case. Assistant United States Attorney Max Cauthen is prosecuting the case.
#####
Lexington County Man Pleads to Being a Felon in Possession of Firearm and Ammunition and Possession of a Firearm with an Obliterated Serial NumberRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated that Jake Rupert, age 33, of Lexington, plead guilty in federal court to being a felon in possession of a firearm and ammunition and to being in possession of a firearm with an obliterated serial number, all in violation of Title 18, United States Code, Sections 922(g)(1) and 922(k). Senior United States District Judge Cameron McGowan Currie, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented in court established on April 19, 2017, a trooper with the South Carolina Highway Patrol was on patrol on Boy Scout Road in Lexington County when he observed a male (later identified as Rupert) and a female trying to take a tire off a Dodge Charger on the side of the road. The two individuals advised that they were trying to get the Charger out of the dirt for a friend and that their vehicle was the Lexus parked across the road. The trooper noticed that the tag on the Lexus was expired and the male and female both provided false names to the trooper, so he called for backup from the Gaston Police Department. During this time, Rupert paced back and forth nervously until the trooper advised him to have a seat on the ground next to the Lexus. After learning Rupert’s true identity, the trooper patted Rupert down and found a loaded Jimenez Arms 9mm handgun in the front waistband of his pants. The serial number on the handgun had been obliterated. The trooper also found a black bag containing additional 9mm ammunition in the area where Rupert had been sitting. Rupert admitted to recently being released from state prison and to being a gang member. Rupert was placed under arrest for state charges. At the detention center, officers also found a small amount of marijuana in Rupert’s wallet. The female was also arrested on outstanding warrants. Rupert later made bond on the state charges.
During the federal investigation, ATF learned that Rupert was the individual being sought by local law enforcement after accidentally discharging a shotgun inside Dutch Square on April 22, 2017, three days after the above incident. After advise of rights, Rupert admitted to ATF that he had a sawed-off shotgun in a bag inside the mall and that when he sat the bag down, the gun accidentally discharged. Rupert advised that he then fled the scene.
Rupert is prohibited under federal law from possessing firearms and ammunition based upon his prior state convictions for conspiracy to manufacture methamphetamine, possession with intent to distribute methamphetamine, burglary 2nd degree, grand larceny (4 counts), and possession of stolen motor vehicle. At the time of the incident, Rupert was on supervised re-entry release from the South Carolina Department of Corrections after being released March 31, 2017.
Rupert 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. Rupert faces maximum of 5 years imprisonment, a fine of $250,000, and 3 years of supervised release on the possession of a firearm with an obliterated serial number chargeThe case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the South Carolina Highway Patrol, and the Gaston Police Department 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.
#####
Federal Indictment Handed Down in Clandestine Pill Laboratory CaseRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated that Eric Hughes, 35, of Bluffton, South Carolina; Taylor Place, 23, of Bluffton, South Carolina; and Willie Rice, 25, of Bluffton, South Carolina were charged in a five-count indictment, alleging conspiracy to: a.) distribute U-47700; b.) to distribute Alprazolam, c.) rent property to manufacture counterfeit pills, and d.) manufacturing a controlled substance with reckless disregard for human life, all in violation of Title 21, United States Code, 846.
Hughes and Place are also charged with conspiracy to commit money laundering, a violations of Title 18, United States Code, Section 1956(h); and possessing a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c). Additionally, Place is charged with felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g). Hughes and Place face a maximum of life in prison while Rice faces a maximum penalty of up to twenty years.
The case was investigated by agents of the DEA in South Carolina and Georgia. Assistant United States Attorney Jim May is assigned to prosecute the case.
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.
#####
Easley Woman Pleads Guilty to $400,000 TheftRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Janna B. Shelby, age 54, of Easley, pled guilty in federal court in Greenville, to wire fraud, a violation of Title 18, United States Code, Section 1343. United States District Judge Bruce H. Hendricks, of Greenville, accepted the plea and will impose sentence after she 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 Shelby worked for McLaughlin Manufacturing as an accounts payable specialist in Greenville, South Carolina. Shelby devised a scheme and artifice to defraud whereby she would submit requests for payment to McLaughlin Manufacturing for personal bills that she disguised to appear to be requests for payment from legitimate vendors. Shelby would cause McLaughlin Manufacturing to cut and mail checks to creditors of Shelby. She also misused the company credit card to order expensive items that were shipped to her home. Law enforcement estimates that Shelby stole over $400,000 from her employer.
Ms. Drake stated the maximum penalty Shelby can receive is a fine of $250,000 and/or imprisonment for no more than 20 years, plus a special assessment of $100.
The case was investigated by the Greenville County Sheriff’s Office and the U.S. Postal Inspection Service. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
#####
Hearing Set for Khleborod and Barrero in Federal CourtRead the Press Release
Columbia, South Carolina-------United States Attorney Beth Drake announced today that a hearing for Theodore Vitaliy Khleborod, age 28, and Ana Milena Barrero, age 24, has been set for Thursday morning, August 17, 2017, at 10:00 A.M. in the federal courthouse in Greenville. Khleborod and Barrero have been charged in a multi-count, superseding indictment with conspiring to possess with the intent to distribute numerous drugs, including fentanyl and U-47700.
The case was investigated by Special Agents with ICE-Homeland Security Investigations, Border Enforcement Security Task Force (BEST), the United States Postal Inspection Service, the Drug Enforcement Administration, the Greenville County Sheriff’s Office, the Greenville Police Department, and the Spartanburg County Sheriff’s Office.
Assistant United States Attorney Andy Moorman, Deputy Criminal Chief for the Narcotics Division, is prosecuting the case.
The United States Attorney stated that all charges are merely accusations and that the defendants are presumed innocent until and unless proven guilty.
#####
Greer Man Sentenced to 82 Months on Child Porn ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Scott Linnell, age 36, of Greer, was sentenced today in Greenville for possession of child pornography, a violation of Title 18, United States Code, Section 2252A. United States District Judge Bruce Howe Hendricks, of Charleston, sentenced Linnell to 82 months in the Bureau of Prisons and ordered that he be under lifetime supervision.
Evidence presented at the change of plea hearing established that on March 10, 2015, an undercover law enforcement officer signed into the undercover Kik user account in order to conduct child exploitation investigations on the Kik Messenger application. On that same day, the undercover agent saw that user “phx_medic” had posted sexually explicit material in the Kik Messenger chat room “#lolitalovers” on March 8, 2015. At this time, the undercover agent observed that user “phx_medic” had posted fourteen images into the Kik chat room. The undercover agent was able to download and save these images to an undercover device. The IP address was logged.
In a second, unrelated undercover investigation, an individual at the same IP address was found to be trading child pornography and engaging in sexually explicit chats on a web forum used by individuals interested in sexual contact with children.
Based on these incidents, further investigation traced the IP address involved in the illicit activity to Linnell’s home. On May 27, 2015, a federal search warrant was executed at the home. Computers and other devices were seized. A forensic examination of the devices seized revealed 8,906 images of child pornography. Of these images, 773 were of infants and toddlers. Ninety of these images were sadistic, masochistic, or violent.
The case was investigated by agents of the United States Postal Inspection Service and ICE - Homeland Security 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.
#####
Founder, CEO, and Employee of International Adoption Guides (IAG) Sentenced for Adoption Fraud SchemesRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Mary Mooney, age 58, of Mooresville, North Carolina; James Harding, age 57, of Lawrenceville, Georgia; and Alisa Bivens, age 36, of Gastonia, North Carolina were sentenced last week in federal court in Charleston, South Carolina. Mooney was sentenced for Accreditation Fraud regarding adoption conducted in Kazakhstan, in violation of 42 U.S.C. § 14944, and Harding and Bivens were sentenced for conspiring to defraud the United States in connection with adoptions conducted in Ethiopia, in violation of 18 U.S.C. § 371.
United States District Judge David C. Norton of Charleston sentenced Mary Mooney to 18 months incarceration, 3 years of supervised release, and $223,946.04 of restitution to victims who adopted children from Kazakhstan. James Harding was sentenced to 12 months incarceration, 3 years supervised release, and $301,224.25 of restitution. Alisa Bivens, was sentenced to one year probation, and $31,800 restitution to two victims listed in the Indictment with whom she had direct contact.
Evidence presented at James Harding and Alisa Bivens guilty pleas and sentencings established that they and Mary Mooney on behalf of IAG submitted fraudulent documents to the U.S. Department of State to facilitate adoptions of Ethiopian children by U.S. parents from 2006 until 2009. In support of U.S. visa applications for the Ethiopian children, they submitted false documentation, including contracts of adoption signed by orphanages that could not properly give the children up for adoption because, for example, the child in question was never cared for or never resided at the orphanage. Harding and Bivens admitted to a scheme conducted with Mooney to pay bribes to two Ethiopian officials, a teacher at a government school, and a head of a regional ministry for women’s and children’s affairs, to facilitate the fraudulent adoptions. Both Harding and Bivens pled guilty and cooperated, providing substantial assistance to the Government.
Evidence presented at Mooney’s hearings established that she made false statements to the Council on Accreditation (COA), which granted IAG accreditation to provide adoption services. IAG marketed itself as a COA-accredited adoption services provider and numerous clients relied on IAG’s accreditation to confirm IAG’s adoption services were ethical and in compliance with the law. Mooney admitted in support of IAG’s application for accreditation she made several false representations, including: falsely stating that IAG was in substantial compliance with the relevant regulations; intentionally failing to list her co-defendant, Alisa Bivens, as one of IAG’s employees providing adoption services; and intentionally failing to disclose that James Harding, another co-defendant, was the functional director and head of the company. All of these false and fraudulent statements were material to COA’s decision to accredit IAG to conduct intercountry adoptions.
“The defendants undermined the laws and regulations designed to ensure the integrity of the inter-country adoption process. The Diplomatic Security Service conducted an excellent investigation to uncover the scheme to profit from fraudulently securing the adoption of children, some of the most vulnerable victims in society,” stated United States Attorney Beth Drake.
"This sentencing makes a strong statement to those who would attempt to exploit the most vulnerable among us. The Diplomatic Security Service is dedicated to ensuring those who commit these crimes are brought to justice,” said Christian J. Schurman, Deputy Assistant Secretary for International Programs at the State Department’s Diplomatic Security Service (DSS). “Our global presence allows DSS to work with both U.S. and foreign law enforcement to stop those who would profit from illicit schemes like fraudulent adoption.”
The case was investigated by the U.S. Department of State’s Diplomatic Security Service. Assistant United States Attorney Jamie Lea Schoen of the District of South Carolina and Department of Justice Trial Attorney Derek Ettinger handled the sentencings in this case.
#####
Wildboys Gang Associate Sentenced to 10 Years for Attempted Murder in Aid of RacketeeringRead the Press Release
WASHINGTON – An associate of the Wildboys gang was sentenced today in federal court in Charleston, South Carolina, to 10 years in prison after pleading guilty to attempted murder for his role in a gang-related shooting.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Special Agent in Charge C.J. Hyman of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Charlotte, North Carolina Field Division; Solicitor Duffie Stone of the 14th Judicial Circuit; Solicitor David Pascoe of the First Circuit; Sheriff R.A. Strickland of the Colleton County, South Carolina Sheriff’s Office; Chief Wade Marvin of the Walterboro, South Carolina Police Department; Sheriff Al Cannon, Jr. of the Charleston County, South Carolina Sheriff’s Office; Sheriff L. C. Knight of the Dorchester County, South Carolina Sheriff’s Office; Chief Jon Rogers of the Summerville, South Carolina Police Department; Director Jerry Adger of the South Carolina Department of Probation, Parole and Pardon Services; and Chief Mark Keel of the South Carolina Law Enforcement Division made the announcement.U.S. District Court Judge Richard M. Gergel sentenced Joshua Edward Manigault, aka “J-Rizzle” or “Rizzle Back,” 31, of Green Pond, South Carolina, to 10 years in prison.
According to admissions made in connection with his plea agreement, Manigault was an associate of the Wildboys, a violent street gang from the Green Pond area of Walterboro, S. C., with members operating in various cities in South Carolina, including Summerville and Walterboro As part of his plea, Manigault admitted that Wildboys gang members committed a wide range of violent criminal activities, including robberies, attempted murder, and narcotics trafficking.
Further, in connection with his guilty plea, Manigault admitted his involvement in an April 7, 2015 drive-by shooting in Walterboro, during which Manigault and others fired multiple shots into a home believed to be occupied by members of a rival gang. Manigault admitted that as a result of this shooting, an individual inside the home was struck by gunfire and sustained serious bodily injury.
As part of the sentence, the court ordered Manigault to serve a term of three years of supervised release and to pay the costs of medical care for the victim of the April 7, 2015, shooting.
Three other members or associates of the Wildboys also charged in the indictment, Damien Robinson, 21, and Brian Manigo, 25, both of Green Pond, S.C.; and Kelvin Mitchell, 30, of Ruffin, S.C., were sentenced on June 2, 2017, after pleading to related charges. On June 29, 2017, a jury convicted a fourth gang member, Devin Brown, 23, of Walterboro, S.C., of violent crime in aid of racketeering and a related firearms charge for his role in the April 7, 2015, shooting. Brown has yet to be sentenced.
The case was investigated by the ATF Charleston, South Carolina, in partnership with the Walterboro Police Department; the Colleton County Sheriff’s Office; the Charleston County Sheriff’s Office; the Dorchester County Sheriff’s Office; the Summerville Police Department; the Fourteenth Judicial Circuit Solicitor’s Office; the First Judicial Circuit Solicitor’s Office; the South Carolina Department of Probation, Parole and Pardon Services; and the South Carolina Law Enforcement Division.
The case was prosecuted by Trial Attorney Leshia Lee-Dixon of the Organized Crime and Gang Section in the Justice Department’s Criminal Division, Washington, D.C., and Tameaka A. Legette, Special Assistant United States Attorney from the Fourteenth Judicial Circuit Solicitor’s Office, Bluffton, S.C.
# # # # #