Middle District of Tennessee
Press releases recorded for this federal judicial district.
"Project Safe Nashville," Nashville's Largest-Ever Interagency Effort to Fight Gun CrimeRead the Press Release
NASHVILLE, Tenn. -January 31, 2019 – In collaboration with the Metro Nashville Police Department and Metropolitan Nashville Mayor David Briley, U.S. Attorney Don Cochran today announced “Project Safe Nashville,” the city’s largest-ever interagency effort to fight gun crime.
Project Safe Nashville brings together the U.S. Attorney’s office; the Mayor’s Office; the Metro Nashville Police Department (MNPD); the Nashville-Davidson County District Attorney’s office; the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the Tennessee Bureau of Investigation (TBI); and the Federal Bureau of Investigation (FBI). The effort includes the creation of a specialized unit at MNPD; better coordination among agencies when tracking guns used in crimes; state and federal support for these efforts; and a more seamless and aggressive approach to investigating and prosecuting those who commit gun-related crimes.
The “Crime Gun Unit” of MNPD consists of six detectives and one sergeant, all current members of MNPD who have significant experience fighting gun crime and using the National Integrated Ballistics Information Network (NIBIN). The unit will use NIBIN to track shell casings from weapons fired in local crimes and connect those weapons to other crimes in the area, more quickly finding patterns to investigate. Based on a 2018 study by Rutgers University, when two shooting events are linked by ballistics evidence through NIBIN, 50% of the time a third shooting event will happen within 90 days.“I became the U.S. Attorney for the Middle District of Tennessee with no purpose in mind other than to try to make a difference and improve the quality of life for all of our citizens,” said U.S. Attorney Don Cochran. “The level of gun violence is not acceptable to me or to those who stand here with me today. ‘Project Safe Nashville’ marshals unprecedented resources from the Department of Justice and the law enforcement agencies represented here today. Our focus is to use scientific methods and innovative investigative techniques as tools to identify crime guns and those who use them and bring them to justice swiftly. Together, we intend to make Nashville and Middle Tennessee an even safer place for all of our citizens and visitors.”
“Addressing violent crime is a major priority for my administration. Project Safe Nashville is an unparalleled interagency effort to save lives and make our city safer. It is a vital next step in preventing future gun crimes and in successfully prosecuting those who commit violent crimes in our city,” said Mayor Briley. “It will also help us get weapons out of the hands of our kids, allowing us to intervene in their lives before it’s too late. I was very pleased to see the homicide rate for 2018 down by 22 percent, and I know Project Safe Nashville will give MNPD even more tools to support the great work they are already doing.”
MNPD’s Crime Gun Unit uses existing personnel and is budget-neutral. Overtime for the detectives is being supported by a $319,000 Department of Justice Safe Neighborhoods grant.
“The core, full-time mission of the group is to use state-of-the-art ballistic science and intelligence gathering to identify violent criminals who pose the most danger to Nashville citizens, and then work closely with prosecutors at the federal and local levels to ensure that these felons are held accountable for their actions,” Chief Anderson said.MNPD’s Crime Gun Unit will work closely with the U.S. Attorney’s office and the District Attorney’s office to support investigations and court proceedings that ensue from arrests made in gun crime cases. Two additional prosecutors have been added to the U.S. Attorney’s office to help handle these types of violent crime cases.
“The Nashville-Davidson County District Attorney’s office recognizes the proliferation of illegal weapons and the effects those weapons have in our community. It’s why we recently adopted a new policy stating that all gun-related cases will be handled at the Criminal Court level and not adjudicated in General Sessions Court,” said Glenn R. Funk, Nashville-Davidson County District Attorney. “We applaud this new Crime Gun Unit, as together we use professional manpower and advanced technology to find these weapons and the criminals who use them, get them off the streets, and make our community safer.”
Project Safe Nashville is also being supported by 10 ATF agents, two of whom will work directly with the Crime Gun Unit. Eight others are divided among the North, South, Hermitage and East Precincts, parts of which have relatively high rates of incidents of gun-related crime. This collaboration will help MNPD and ATF identify and prosecute persons illegally trafficking firearms in the Nashville area.
ATF Special Agent in Charge Marcus Watson remarked, “ATF’s Crime Gun Intelligence focuses on reducing violent crime and disrupting the shooting cycle that negatively impact our neighborhoods. The priority of protecting the public is evident with the partnerships with the City of Nashville and MNPD.”
The FBI, including MNPD members assigned to the FBI’s Violent Crimes Task Force, will support the new unit to continue to look closely at local robbery cases involving firearms that impact interstate commerce – robberies of convenience stores and drug stores, for example – so that those suspects, once identified, can be federally prosecuted whenever possible. The TBI will also support the unit when its work relates to crime within the state.
“The FBI is dedicated to disrupting and dismantling violent crimes in our communities,” said M.A. Myers, Special Agent in Charge of the Memphis Division of the Federal Bureau of Investigation. “Through Project Safe Nashville, the FBI's Violent Crime Task Force will continue to work with our federal, state, and local law enforcement partners to ensure the safety and security of our neighborhoods.”This initiative and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. Learn more about Project Safe Neighborhoods.
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Pathology Laboratory Agrees to Pay $63.5 Million for Providing Illegal Inducements to Referring PhysiciansRead the Press Release
NASHVILLE, Tenn. – January 30, 2019 – Pathology laboratory company Inform Diagnostics has agreed to pay $63.5 million to settle allegations that it violated the False Claims Act by engaging in improper financial relationships with referring physicians, the Justice Department, United States Attorney Don Cochran for the Middle District of Tennessee, and United States Attorney Maria Chapa Lopez for the Middle District of Florida announced today. Inform Diagnostics, formerly known as Miraca Life Sciences, Inc., is headquartered in Irving, Texas, and was a subsidiary of Miraca Holdings, Inc., a Japanese company, during the period relevant to the case. In 2017, majority ownership of the company changed, and the company was renamed.
“The wellbeing and needs of the patient should always be a medical provider’s primary considerations,” said U.S. Attorney Don Cochran of the Middle District of Tennessee. “The restrictions imposed by federal statutes exist to prevent improper influence on the parties prescribing and providing medical services, including laboratory tests. We will continue to enforce the laws that protect the integrity of federal health care programs.”
The settlement announced today resolves allegations that the company violated the Anti-Kickback Statute and the Stark Law by providing subsidies for electronic health records (EHR) systems and free or discounted technology consulting services to referring physicians and physician groups. The Anti-Kickback Statute and the Stark Law restrict the financial relationships that health care providers, including laboratories, may have with doctors who refer patients to them. Although regulations adopted by the Department of Health and Human Services in 2006 included provisions that allowed laboratories to provide EHR donations to physicians under certain conditions, the United States alleged that the Defendant violated those conditions. HHS withdrew those exemptions for laboratories in 2013.
“The Department of Justice has longstanding concerns about improper financial relationships between health care providers and their referral sources, because those relationships can alter a physician’s judgment about the patient’s true health care needs and drive up health care costs for everybody,” said Assistant Attorney General Joseph H. Hunt of the Justice Department’s Civil Division. “In addition to yielding a substantial recovery for taxpayers, this settlement should deter similar conduct in the future and help make health care more affordable.”
“Patients deserve the unfettered, independent judgment of their health care professionals. Offering financial incentives to physicians and medical practices in exchange for referrals undermines citizens’ trust in our health care system,” said U.S. Attorney Maria Chapa Lopez of the Middle District of Florida. “With this settlement, our Civil Division confirms its commitment to our nation’s critical struggle against practices that put public health programs at risk.”
“When health care providers are distracted by suspect financial arrangements, the interests of patients can be cast aside,” said Special Agent in Charge Derrick L. Jackson of HHS OIG. “Our agency, working closely with our law enforcement partners, will continue to protect patients and the federal health care programs that serve them.”
The allegations stem from three lawsuits that were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private citizens to bring suit on behalf of the United States for false claims and share in any recovery. The whistleblowers’ share of the settlement announced today has not yet been determined.
The case was investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Middle District of Tennessee, the U.S. Attorney’s Office for the Middle District of Florida, the Department of Health and Human Services Office of Inspector General, and the Federal Bureau of Investigation. The United States was represented by Justice Department Trial Attorneys David T. Cohen and Jonathan T. Thrope, and Assistant United States Attorneys Christopher C. Sabis and Michael Kenneth. The claims asserted are allegations only, and there has been no determination of liability.
The cases are captioned: United States ex rel. Dorsa v. Miraca Life Sciences, Inc., Case No. 13-cv-1025 (M.D. Tenn.); United States ex rel. LPF, LLC v. Miraca Life Sciences, Inc., et al., 3:16-cv-1355 (M.D. Tenn.); and United State ex rel. Heaphy, et al. v. Miraca Life Sciences, Inc., 3:18-cv-1027 (M.D. Tenn.).
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Gallatin, Tennessee Man Pleads Guilty to Violent Crime SpreeRead the Press Release
NASHVILLE, Tenn. – January 30, 2019 – Harold Powell, aka “Goddi,” 31, of Gallatin, Tennessee, pleaded guilty yesterday in U.S. District Court to federal firearms and robbery charges relating to a violent crime spree in 2017, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. The plea agreement calls for a 22-year prison sentence, if approved by the court.
Powell was indicted in March 2018 and charged with two counts of Hobbs Act Robbery; one count of using, carrying and brandishing a firearm during a crime of violence; discharging a firearm during a crime of violence; and three counts of being a convicted felon in possession of a firearm. These charges followed a violent crime spree in Gallatin and Nashville, Tennessee, which began in January 2017 and continued through the middle of June 2017.
According to records filed with the court, on January 30, 2017, Powell accompanied another individual to a park in Gallatin for the purpose of buying marijuana. The meeting with the marijuana dealer had been pre-arranged and when they arrived, Powell and the other individual went to the dealer’s car. Powell then pointed a gun at the dealer’s head and demanded the marijuana, money, his phone and necklace. As he walked away, Powell turned and pointed the gun at the dealer again and said, “I should kill you.”
On February 13, 2017, after communicating with another individual about obtaining cocaine, Powell kicked in the door of an apartment in Gallatin, which was occupied by the cocaine dealer and two other persons, one of which was the same individual he robbed on January 30, 2017. Powell shouted his intentions to rob them and began firing a pistol, striking the cocaine dealer in the arm and leg. Powell backed out of the apartment and continued firing the weapon.
On June 6, 2017, Powell entered the Bargain Lot, a used car lot in Nashville. Several individuals were sitting on a small porch in front of the office and Powell called to them for help. When no one left the porch to assist him, Powell walked up to the porch and began firing a pistol. One of the individuals fell backward off the porch and broke his leg but continued to crawl under the porch to avoid being shot, but Powell continued firing and struck the individual in the shoulders and leg. Powell continued to shoot at him until he ran out of bullets and then calmly walked away.
Powell was subsequently arrested at a Nashville hotel on June 15, 2017, by Metro Nashville Police Detectives, who also recovered several firearms and rounds of ammunition and digital scales.
Powell is scheduled to be sentenced on April 19, 2019.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; the Metropolitan Nashville Police Department; the Gallatin Police Department. Assistant U.S. Attorneys Katy Risinger, Amanda Klopf and Ben Schrader are prosecuting the case.
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Franklin, Tennessee Man Indicted for Impersonating a Deputy U.S. MarshalRead the Press Release
NASHVILLE, Tenn. – January 30, 2019 – Tooraj Sohrabi Sedeh, 50, of Franklin, Tennessee, has been indicted by a federal grand jury in Nashville and charged with three counts of impersonating a Deputy U.S. Marshal and making a false statement in connection with the investigation into his affiliation with the U.S. Marshal’s Service (USMS), announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
According to the indictment and court records, on November 21, 2018, a Deputy U.S. Marshal was at the Home Depot on Powell Avenue, in Nashville, when he observed Sedeh walking out of the store wearing a shirt with USMS markings, including embroidered markings, patches and collar insignia. Sedeh was also observed to have a badge holder on a neck chain with a USMS patch attached to it and was wearing a holstered firearm and handcuffs on his hip.
The Deputy Marshal followed Sedeh from the store and asked him if he worked for the U.S. Marshal’s Service. Sedeh answered yes and stated he was assigned to the Nashville office. Sedeh was asked to produce his credentials and stated that he did not have them. The deputy U.S. Marshal then identified himself and upon further inquiry, Sedeh stated he worked for the Williamson County Sheriff’s Department and was also a “freelance” bail bondsman and had worked for Grumpy’s Bail bonds. These claims were found to be false and Sedeh had no affiliation with these agencies or the USMS. The Deputy U.S. Marshal also observed Sedeh’s vehicle to have a law enforcement association sticker on it and shirts hanging inside with law enforcement insignias as well as ballistic vest carriers with U.S. Marshal insignias attached.
On November 28, 2018, the U.S. Marshal’s Service executed a federal search warrant at Sedeh’s home in Franklin, Tennessee and recovered a variety of clothing items marked with USMS insignias and other law enforcement tactical and service equipment.
The indictment also alleges that Sedeh impersonated a Deputy U.S. Marshal on other occasions, including between September 28, 2018 and October 4, 2018; November 15, 2018; and between November 25, 2018 and December 10, 2018.
If convicted, Sedeh faces up to three years in prison on each count of impersonation and up to five years in prison for making false statements and a $250,000 fine on each count. His trial is scheduled for March 19, 2019.
This case was investigated by the U.S. Marshal’s Service and is being prosecuted by Assistant U.S. Attorney Chris Suedekum.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
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Gangster Disciples Member Sentenced to 30Years in Prison in Connection with Rival Gang Member's Murder in ClarksvilleRead the Press Release
NASHVILLE, Tenn., - January 29, 2019 - Rex Andrew Whitlock, aka Stackhouse, 33, of Clarksville, Tennessee and a member of the Gangster Disciples, was sentenced yesterday to 30 years in prison by Chief U.S. District Judge Waverly Crenshaw, Jr., announced U.S. Attorney Don Cochran for the Middle District of Tennessee and Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.
Whitlock was indicted in June 2017 on federal drug conspiracy charges and subsequently indicted on federal racketeering charges, murder in aid of racketeering and use of a firearm resulting in death. He pleaded guilty earlier this month to the RICO conspiracy, drug conspiracy and causing death through the use of a firearm.
According to the court records, Whitlock and other members of the Gangster Disciples waited outside Dodge’s Chicken, a gas station in Clarksville, Tennessee, in the early morning hours of September 1, 2007. Whitlock and other Gangster Disciples then followed a member of the rival Bloods gang as he left Dodge’s Chicken and drove down Tobacco Road in Clarksville, at which time Whitlock shot and killed him.
This extensive investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Tennessee Bureau of Investigation; the Montgomery County Sheriff’s Office; the Clarksville Police Department; the Rutherford County Sheriff’s Office; the Murfreesboro Police Department; the Gallatin Police Department; the Kentucky State Police; and the 19th Judicial District Drug Task Force. Assistant United States Attorney Ben Schrader and U.S. Department of Justice Trial Attorneys Ivana Nizich and Shauna Hale of the Criminal Division’s Organized Crime and Gang Section (OCGS) prosecuted the case.
Former CEO of Brentwood, Tennessee - Based WellCity, Inc. Captured by U.S. Marshals in Jacksonville, FloridaRead the Press Release
NASHVILLE, Tenn. - January 29, 2018 - George David George, 63, of Franklin, Tennessee, appeared before a U.S. Magistrate Judge in Nashville yesterday after being captured by U.S. Marshals in Jacksonville, Florida earlier this month, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. George absconded in May 2017 prior to a scheduled bond revocation hearing in U.S. District Court.
George was initially charged in May 2015 with securities fraud, mail fraud, wire fraud, and money laundering, in connection with a multimillion-dollar investment scheme. He was also charged with additional counts of wire fraud in February 2017. George was later indicted in May 2017 for failing to appear in U.S. District Court.
According to court documents, George represented himself as the founder and CEO of WellCity, Inc., a company based in Brentwood, Tenn. that purported to operate a social network devoted to wellness. Charging documents allege that George solicited millions of dollars from investors by making misrepresentations regarding the revenue and assets of the company, misrepresentations regarding collateral to secure investors’ loans, and misrepresentations regarding the status of a supposed WellCity initial public offering.
Charging documents also allege that George concealed from investors the facts that WellCity had earned very little revenue and had not successfully attracted significant corporate sponsorship; that WellCity had breached investment contracts with dozens of investors and owed millions of dollars to prior investors; that George had made repeated but unfulfilled promises, over the course of several years, that shares of WellCity stock would imminently start trading publically; and that George continued to offer supposed shares in WellCity stock even after the Tennessee Securities Division of the Department of Commerce and Insurance issued a Cease & Desist Order prohibiting him from doing so.
The charges are merely an accusation and George is presumed innocent until proven guilty. George is scheduled for trial on February 25, 2019. If convicted, he faces up to 20 years in prison on each fraud count; up to 10 years on the money laundering count; and up to 10 years for failing to appear. George could also face a criminal fine of up to $5,000,000.
The case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service - Criminal Investigation; the United States Postal Inspection Service; and the U.S. Marshal’s Service. The case is being prosecuted by Assistant U.S. Attorneys Henry C. Leventis and Kathryn W. Booth.
Mid-State Psychologist Facing Federal Healthcare Fraud ChargesRead the Press Release
NASHVILLE, Tenn. – December 17, 2018 – Donald M. McCoy, 52, of Murfreesboro, Tennessee, was arrested Friday by federal and state agents and charged with two counts of healthcare fraud, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
According to the criminal complaint, McCoy is a licensed psychologist by the State of Tennessee and is an authorized TennCare provider who provides individual psychotherapy and family psychotherapy services to patients—usually minors—in the care of the Department of Children’s Services (“DCS”). The complaint alleges that between January 2014 and December 7, 2018, McCoy billed for more hours of services than can physically be provided in any given day and received over $2.16 million from TennCare based on those claims.
The complaint alleges that an investigative analysis conducted by the Tennessee Bureau of Investigation determined that on multiple occasions, McCoy submitted claims for psychotherapy services that totaled more than 24 hours per day, some even exceeding 48 hours and 72 hours per day. The analysis also determined that McCoy billed for services purportedly rendered on more than 200 weekends and major federal holidays, including New Year’s Day, the Fourth of July, Thanksgiving and Christmas day, among others. The complaint further alleges numerous times McCoy billed for family psychotherapy sessions involving patients in DCS custody, which never occurred.
If convicted, McCoy faces up to 20 years in prison and up to a $250,000 fine on each count.
This case was investigated by the Tennessee Bureau of Investigation; the U.S. Postal Inspection Service; and the IRS Criminal Investigation. Assistant U.S. Attorneys Kathryn Booth and Sarah Bogni are prosecuting the case.
The charges are merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Florida Man Pleads Guilty in $28 Million Solar Farm Ponzi SchemeRead the Press Release
NASHVILLE, Tenn.- December 17, 2018 – Christopher B. Warren, 50, of Anthony, Florida pleaded guilty Friday to one count of mail fraud and one count of securities fraud for operating a $28 million Ponzi scheme, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Warren was the founder and chief investment officer of Clean Energy Advisors (CEA), a company registered in Wyoming with offices in Nashville, Florida, and other locations.
Warren admitted Friday in U.S. District Court, that CEA recruited sixty investors for its private investment funds: Utility Solar IV and Utility Income Fund. To attract investors, Warren claimed that CEA owned working solar farms throughout the state of North Carolina. Warren further claimed that Duke Power agreed to purchase the energy produced by CEA’s farms and that he would use the revenue to pay dividends to investors. To hide the fraud, Warren created phone audited financial statements and made regular Ponzi payments to select investors. As the scheme was uncovered, Warren told investors he would repay the principal investments pending the imminent sale of the company to a foreign purchaser. Warren admitted that no sale ever occurred or would materialize. To date, at least $15 million is still owed to investors.
Warren faces a maximum sentence of 20 years in prison, a maximum fine of $5,000,000 and three years of supervised release, when he is sentenced on March 8, 2019.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Stephanie N. Toussaint is prosecuting the case.
Former CEO of Nashville Company Charged with Healthcare Fraud and Aggravated Identity TheftRead the Press Release
NASHVILLE, Tenn. – December 14, 2018 – Margaret Fisher, 60, formerly of Nashville, Tennessee, was arrested yesterday by United States Marshals in Williston, North Dakota and charged with four counts of healthcare fraud and two counts of aggravated identity theft, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
The November 7, 2018 indictment charges Fisher—the former CEO of Fishield Behavioral Medical Services, Inc.—with defrauding Medicare and Medicaid programs by submitting false and fraudulent claims. According to the indictment, Fisher fraudulently represented that Fishield patients received psychotherapy services from a healthcare provider, who neither provided nor supervised the alleged services. As a result of Fisher’s false claims, Medicare and Medicaid sent Fishield reimbursement checks totaling over $1 million. Fisher would endorse the checks by forging or causing the forgery of the healthcare provider’s signature.
If convicted, Fisher faces a sentence of up to 10 years in prison on the healthcare fraud charges and an additional mandatory two-year sentence on the aggravated identity theft charges. Additionally, she faces a $250,000 fine on each count. The indictment also contains a forfeiture allegation and seeks to forfeit any property derived from the criminal activity and any and all property used to facilitate the unlawful activity, if convicted.
This case was investigated by the U.S. Department of Health & Human Services and the Tennessee Bureau of Investigation. Assistant United States Attorney Sara Beth Myers is prosecuting the case.
The charges are merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
45-Count Indictment Charges Clarksville, Tennessee Physician with Massive Opioid Distribution and Healthcare Fraud SchemeRead the Press Release
NASHVILLE, Tenn. – December 14, 2018 – A 45-count federal indictment was unsealed yesterday, charging Dr. Samson Orusa, 56, of Clarksville, Tennessee with maintaining a drug-involved premises; 22 counts of unlawful distribution of a controlled substance outside the bounds of professional medical practice; 13 counts of healthcare fraud; and nine counts of money laundering, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Orusa was arrested by federal agents yesterday and appeared before a U.S. Magistrate Judge late in the afternoon.
“Physicians who prey upon an already addicted population; steal from public healthcare programs; and engage in such reckless disregard for patient safety, as alleged here, will face a vigorous prosecution by this office,” said U.S. Attorney Cochran. “Anyone who contributes to the opioid epidemic plaguing this nation should expect to be targeted by our law enforcement partners and held accountable.”
According to the indictment, as early as January 2014, Orusa opened and maintained his medical practice at 261 Stone Crossing Drive in Clarksville, Tennessee for the purpose of distributing Schedule II controlled substances, including oxycodone, not for legitimate medical purposes and beyond the bounds of medical practice. The indictment alleges a pattern of conduct by Orusa whereby patients were prescribed oxycodone and other Schedule II controlled substances without obtaining the patient’s prior medical history; performing a credible physical examination or performing a diagnostic workup.
In one such instance, the indictment alleges that in February 2015, Orusa diagnosed a patient with Chronic Pain Syndrome without performing a specific examination and prescribed oxymorphone (an opioid), Soma (carisoprodol, a muscle relaxer), and alprazolam (benzodiazepine, an anti-anxiety drug). This regimen is commonly referred to as “The Holy Trinity,” and is considered to be a potentially deadly drug cocktail. On February 24, 2015, this patient died as a result of ingesting a like combination of drugs. The indictment also alleges that on April 17, 2018, a patient suffered a heroin overdose in the waiting room of Orusa’s medical office after Orusa prescribed oxycodone and other Schedule II controlled substances, without conducting proper examinations or checking the patient’s medical history. Other patterns of conduct alleged in the indictment include Orusa prescribing oxycodone to patients identified as high risk and to patients with questionable and falsified drug screens. Between July 1, 2018, and August 21, 2018, the indictment alleges that Orusa wrote approximately 2,494 prescriptions for Schedule II controlled substances.
The indictment further alleges that on September 14, 2018, the State of Tennessee permanently revoked Orusa’s Pain Management Certificate and on that same day, Orusa wrote 164 individual prescriptions for approximately 12,754 Schedule II controlled substance pills. Beginning in 2014, several pharmacies in Montgomery County, Tennessee refused to honor prescriptions for Schedule II controlled substances written by Orusa.
The indictment also alleges that beginning in 2014, Orusa devised and participated in a scheme to defraud health insurance benefit providers, including Medicare, by submitting upcoded reimbursement claims to Medicare, indicating a higher level of service than actually performed; submitting false and fraudulent claims to Medicare for services that were medically unnecessary; causing claims to be submitted to Medicare for prescriptions that were issued in violation of law or otherwise outside the bounds of accepted medical practice; and diverting proceeds of the fraud.
The allegations include as part of the scheme, that Orusa would accept or see 50-60 patients or more in a single day; require insurance patients, including Medicare beneficiaries, to visit his office approximately four to six times in a single month in order to increase and inflate reimbursement claims, while cash paying patients were only required to visit Orusa’s office twice per month; and required insurance patients, including Medicare beneficiaries, to accept injections, in order to increase and inflate reimbursement claims. Orusa threatened to withhold pain management prescriptions from insurance patients who refused the injections. Cash paying patients, however, generally were not required to accept injections in order to receive pain management prescriptions.
Finally, the indictment alleges that Orusa conducted financial transactions designed to disguise the nature of the unlawful activity and that he transferred or caused to be transferred, proceeds of the unlawful activity to foreign bank accounts; used clinic proceeds to make a $12,451.00 down payment on a 2017 Mercedez-Benz; and wrote a check for the purchase of $100,000 in securities.
“The arrest of Dr. Orusa should serve as a warning to all doctors who fail to practice medicine in an ethical and responsible manner,” said D. Christopher Evans, Special Agent In Charge of DEA’s Louisville Field Division, which oversees DEA activity throughout Kentucky, Tennessee and West Virginia. “The men and women of DEA are committed to using every available resource to stop the flow of drugs into our communities, especially when the drug dealer is a physician,” Evans added.
“The opioid epidemic impacts families in every community,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “Physicians who overprescribe opioids should recognize they are contributing to the cycle of abuse, addiction and overdose that too often ends in death.”
“Illegally prescribing narcotics for profit is a serious offense,” stated Matthew D. Line, Special Agent in Charge of the IRS-Criminal Investigation. “This investigation should send a message to operators of these illegal pill mills that this activity will be investigated and prosecuted. IRS Criminal Investigation is proud to work with our law enforcement partners to stop the flow of these illegal drugs into our communities.”
The indictment also contains a forfeiture allegation and seeks to forfeit any proceeds and property derived from the criminal activity and any and all property used to facilitate the unlawful activity, if convicted.
If convicted, Orusa faces up to 20 years in prison on each drug-related count and up to 10 years in prison on each healthcare fraud and money laundering count.
This case was investigated by the U.S. Drug Enforcement Administration; the U.S. Department of Health & Human Services Office of Inspector General; the IRS-Criminal Investigation; the Tennessee Bureau of Investigation; the Clarksville Police Department; and the 19th Judicial District Drug Task Force. Assistant U.S. Attorneys Stephanie N. Toussaint and Miller Bushong are prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Two Middle Tennessee Men Sentenced to Federal Prison for Child Exploitation CrimesRead the Press Release
NASHVILLE, Tenn. – December 10, 2018 – Kendall Carter, 24, of Milton, Tennesee and Curt Cannamela, 41, of Hartsville, Tennessee, were sentenced on Friday in U.S. District Court for separate child exploitation crimes, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Kandall Carter was sentenced by Chief U.S. District Judge Waverly Crenshaw, Jr., to 30 years in prison, to be followed by lifetime supervision. Carter was indicted in 2015 and pleaded guilty in December 2017 to production of child pornography; two counts of extortion; and possession of child pornography.
According to documents filed with the court, Carter used a variety of online usernames to talk with multiple females online, including minor females. He would befriend underage girls online, exchange nude images with them, and then use a different on-line persona to threaten to expose the girls to others unless the girls took increasingly more graphic images including images of themselves engaging in sexual acts. The victims included a 16 year-old girl living in Germany, where her father was serving on active duty in the military and a 12-year-old girl living in South Dakota. During on-line exchanges with the 12-year-old, Carter represented himself to be a 14-year-old boy from Tennessee.
In 2014, investigators determined that the IP address of the person communicating with these victims belonged to Kendall Carter who was communicating with the girls from Tennessee.
A subsequent forensic examination of the Carter’s iPhone and iPad revealed that he was in possession of more than 100 sexually explicit images of other minor females.
In a separate and unrelated case, Chief Judge Crenshaw sentenced Curt Cannamela to 188 months in prison, to be followed by lifetime supervision. Cannamela was charged in a criminal information in November 2017 and pleaded guilty in January to enticement of a minor; receipt of child pornography; and distribution of child pornography.
In March 2016, agents with Homeland Security Investigations (“HSI”) began investigating Cannamela after discovering email communications between Cannamela and what appeared to be an underage female. After exchanges of child pornography were discovered, agents posed as a 14-year-old female. Cannamela disclosed that he was actually 39 years old and lived in Hartsville, Tennessee. Cannamela requested that they move their conversation to another platform and then moved their conversation to KIK, an instant messaging application. Cannamela then sent images depicting child pornography to whom he believed to be a minor female and expressed his desire to travel to Laredo, Texas to meet her.
In August 2017, Cannamela purchased an airline ticket for whom he thought was the 14-year-old female, to fly from Laredo, Texas to Nashville. HSI agents later executed a federal search warrant at Cannamela’s residence in Hartsville and seized laptops and other electronic media, which contained evidence of other victims of child pornography and child predators. Agents were able to verify Cannamela had distributed child pornography through his KIK application and email accounts.
These cases were investigated by Homeland Security Investigations and prosecuted by Assistant U.S. Attorney S. Carran Daughtrey.
Dickson Attorney Charged with Stealing $1.3 Million from Clients and Filing False Tax ReturnsRead the Press Release
NASHVILLE, Tenn. – December 7, 2018 –Jackie Lynn Garton, 54, of Dickson, Tennessee, was charged yesterday with wire fraud, aggravated identity theft, and tax fraud related to a years-long scheme during which he stole over $1.3 million from his clients and law partners, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
A criminal information filed earlier this week charged Garton, an attorney who specialized in probate law, with stealing over $1.3 million through a scheme that began in 2009 and continued until 2017, while Garton was a practicing attorney in Dickson, Tennessee. Of the total funds stolen, Garton, under the auspices of acting as a trustee, removed over $1.1 million from the trust of a minor whose father, a Tennessee State Trooper, was killed in the line of duty.
According to the charging document, Garton carried out the scheme by withdrawing funds from clients’ accounts without their permission and depositing the stolen funds into his personal bank accounts. Garton used the identification of at least one victim to carry out his scheme of defrauding his clients. Garton used the stolen funds for his own personal use and concealed portions of his income from his law partners and the IRS, intending to defraud the IRS of over $350,000.
If convicted, Garton faces up to 20 years in prison on the wire fraud charge, up to three years on the tax fraud charge and an additional mandatory two-year sentence on the aggravated identity theft charge. Additionally, he faces a $250,000 fine on each count and will be required to pay restitution to the victims of his crimes.
This case was investigated by the FBI and the IRS-Criminal Investigation and is being prosecuted by Assistant U.S. Attorneys Sara Beth Myers and Kathryn Booth.
The charges are merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Former Nashville General Sessions Judge Sentenced to Federal Prison for Obstruction and Theft ChargesRead the Press Release
NASHVILLE, Tenn. – November 30, 2018 – Former Davidson County General Sessions Judge Cason “Casey” Moreland, 61, was sentenced today in U.S. District Court to 44 months in prison, restitution of $18,000 and a forfeiture of $13,500 for obstruction of justice, witness tampering, and stealing money from an organization receiving federal funds, announced U.S. Attorney Don Cochran for the Middle District of Tennessee and Assistant Attorney General Brian A. Benczkowskiof the Justice Department’s Criminal Division.
Moreland pleaded guilty to five counts of a superseding indictment on May 24.
In pronouncing the sentence, Chief U.S. District Judge Waverly D. Crenshaw remarked, “Everyone, even judges, are subject to the rule of law."
Moreland was originally indicted in April 2017 and charged with five counts of obstruction of justice. This indictment resulted from an FBI investigation into whether Moreland solicited sexual favors in exchange for favorable judicial treatment while sitting as a General Sessions Court Judge in Nashville and Davidson County, Tennessee. According to admissions made in connection with Moreland’s plea agreement, in February 2017, Moreland became aware that he was a target of an investigation and took steps to try to obstruct it. Specifically, he devised a scheme to pay a material witness to sign a false affidavit recanting her previous statements, which implicated his criminal conduct in trading judicial favors for sex. He also devised a scheme to have drugs planted in the witness’s car, and then to have her stopped by police, so that she would be arrested and her credibility would be destroyed. Moreland carried out these schemes by using a burner phone registered in the name of “Raul Rodriguez” and communicating with an individual who subsequently became an informant, working at the direction of the FBI.
A superseding indictment returned on March 15, 2018, charged Moreland with five additional charges stemming from his involvement with the General Sessions Drug Treatment Court, a specialized court program designed to provide alternatives to incarceration for certain defendants. The work of the Drug Treatment Court was supported by a nonprofit entity called the Davidson County Drug Court Foundation (the “Drug Court Foundation”). Although Moreland did not have an official position with the Drug Court Foundation, he exercised de facto authority over the Drug Court Foundation’s operations.
Moreland also admitted that beginning in spring 2016, he began embezzling cash from the Drug Court Foundation by directing the Drug Court Foundation’s director to deliver to his office envelopes of cash that she had collected from individuals seeking outpatient treatment for substance abuse. Then, in February 2017, after learning of the FBI’s investigation, he instructed the Foundation’s director to destroy all documents and records relating to the cash payments that he had embezzled. Finally, in February 2018, at a time when he was on pre-trial release for the original charges, Moreland admitted that he attempted to tamper with a witness by suggesting to the Drug Court Foundation’s director that she lie to the grand jury investigating his conduct.
This case was investigated by the FBI and was prosecuted by Assistant U.S. Attorney Cecil VanDevender of the Middle District of Tennessee and Trial Attorneys Lauren Bell of the Criminal Division’s Public Integrity Section.
Bart Posy, Sr. Sentenced to Federal Prison for $22 Million Healthcare Fraud SchemeRead the Press Release
NASHVILLE, Tenn. – November 20, 2018 – The former owner of American Trade Association (“ATA”) and Smart Data Solutions (“SDS”) will spend the next 14 years in federal prison for defrauding thousands of people across the nation, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Bart Sidney Posey, 51, of Springfield Tennessee, was sentenced today by U.S. District Judge Aleta Trauger for leading a multi-million dollar health insurance fraud scheme that left over 17,000 victims in its wake. Judge Trauger also ordered Posey to pay $6,524,888.86 in restitution and ordered that he be immediately taken into custody to begin serving his sentence.
“The massive fraud committed by this individual caused unimaginable turmoil and loss for thousands of our nation’s vulnerable citizens who believed they had health insurance coverage only to discover at the most critical time that they had purchased a product that was essentially useless,” said U.S. Attorney Cochran. “To listen to the accounts of the life altering consequences for so many people is truly heart wrenching and drives our prosecutors to seek justice on their behalf.”
Posey pleaded guilty in January and admitted that, from January 2008 through March 2010, he and his co-conspirators engaged in a widespread fraud designed to defraud consumers looking for health insurance. Through ATA and SDS, Posey sold and caused others to sell bogus health insurance products to unsuspecting consumers. Posey admitted that he duped consumers by denying legitimate health insurance claims, selling an insurance product that was not backed by a legitimate underwriter, and embezzling millions of dollars of insurance premiums paid to his company by victims. Posey used those premium payments to buy, among other things; a Harley Davidson motorcycle; a sports car; college football tickets; and to pay off a $500,000 personal mortgage. The scheme left more than 17,000 victims across the country and many were left financially devastated and unable to obtain health insurance to cover life sustaining medical treatment.
This case was investigated by the FBI; the United States Postal Inspection Service; the United States Department of Labor Employee Benefits Security Administration and Office of Inspector General; the United States Secret Service; and the IRS-Criminal Investigation. Assistant United States Attorneys Thomas J. Jaworski and Kathryn W. Booth prosecuted the case.
Murfreesboro Dentist and Former Practice Administrator Facing Federal Healthcare Fraud ChargesRead the Press Release
NASHVILLE, Tenn. – November 19, 2018 – Richard N. Schott, 51, of Murfreesboro, Tennessee, and Kendra L. Glenn, 43, of Hartwell, Georgia, and formerly of Murfreesboro, are facing federal healthcare fraud charges for operating a scheme to defraud healthcare benefit programs, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. Schott surrendered to U.S. Marshals in Nashville last week and Glenn was arrested at her home in Georgia this morning by FBI agents. Schott is charged with conspiracy to commit healthcare fraud and Glenn is facing seven counts of healthcare fraud and one count of conspiracy.
According to the charging documents, Schott is a licensed dentist who owns and operates Dental Excellence, a dental practice with three locations in Murfreesboro and one location in Lebanon, Tennessee. Kendra Glenn was employed by Dental Excellence and served as the Practice Administrator.
The charging documents allege that between November 2013 and January 2018, Schott and Glenn caused the submission of false and fraudulent claims to healthcare benefit programs, including Delta Dental, Cigna, TennCare and DentaQuest, TennCare’s dental benefits program administrator. The fraudulent claims included billing for dental work that had not been completed or performed at all; falsifying dates of service to appear to comply with benefit programs’ timeframe and preauthorization requirements; falsifying claims to appear that services had been rendered by a benefits program credentialed dentist; falsifying supporting documents and adding false narratives to support the upcoding of claims; and others, including continuing to submit false claims after being advised by insurance companies that audits had determined a pattern of false claims and that the Tennessee Bureau of Investigation was conducting a criminal investigation into the company’s billing practices.
The charges further allege that Schott and Glenn took steps to conceal the fraud by discouraging employees from questioning billing practices; instructing employees to lie if questioned by insurance companies; and disciplining and even firing employees who questioned the legality of the billing practices. The allegations also include that Schott and Glenn used the proceeds from the fraudulent scheme for their own personal use and that Glenn was paid bonuses based on the amount of money collected from the fraudulent scheme.
If convicted, Schott and Glenn face up to 10 years in prison and a $250,000 fine on each count.
This case was investigated by the FBI and the Tennessee Bureau of Investigation and is being prosecuted by Assistant U.S. Attorneys Kathryn W. Booth and Byron Jones.
The charges are merely accusations and the defendants are presumed innocent until proven guilty in a court of law.
Kingston Springs Man Indicted for Mid-State Pharmacy RobberiesRead the Press Release
NASHVILLE, Tenn. – November 19, 2018 – Gary Ginnings, 44, of Kingston Springs, Tennessee, was indicted last week by a federal grand jury and charged with two counts of Hobbs Act Robbery, one attempted Hobbs Act Robbery and two counts of brandishing a firearm during and in relation to a crime of violence, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. Ginnings was arrested this morning by FBI agents and officers from the Metro Nashville Police Department and the Dickson County Sheriff’s Department. He will appear before a U.S. Magistrate Judge later today.
According to the indictment, on April 12, 2018, Ginnings attempted to rob the Bridgestone Pharmacy in Antioch, Tennessee while brandishing a firearm. On the same day, Ginnings robbed the Good Shepard Pharmacy in Antioch and took bottles of hydroxychloroquine, a prescription medication.
The indictment also alleges that on April 18, 2018, Ginnings, while armed with a firearm, robbed the pharmacist at Fred’s Pharmacy in Whitebluff, Tennessee. During this robbery, Ginnings obtained 3,280 oxycodone pills.
If convicted, Ginnings faces up to life in prison.
This case was investigated by the FBI; the Nashville Metropolitan Police Department; and the White Bluff Police Department. Assistant U.S. Attorneys Joseph Montminy and Van Vincent are prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
United States Files Suit Against Franklin, Tennessee-Based Pain, MD, LLC and Related Pain Clinics and OwnersRead the Press Release
NASHVILLE, Tenn. – November 16, 2018 –U.S. Attorney Don Cochran for the Middle District of Tennessee announced today that the United States has filed a False Claims Act lawsuit against Franklin, Tennessee-based Pain, MD, LLC and related companies, and their owners Michael Kestner and Lisabeth Smolenski Williams. The lawsuit alleges that the defendants knowingly and routinely submitted, or caused to be submitted, false claims to Medicare and TRICARE for single tendon origin or insertion injections (“TOI”) that they knew or should have known were not provided to patients. TOI injections are pain-relieving injections commonly used to treat such tendon related conditions as tendonitis and are not limited by Medicare or TRICARE as to the allowable number billed. In contrast, other treatments, such as trigger point injections are limited to four per year.
According to the complaint, Michael Kestner is a non-practicing attorney with no medical training, who owns, operates and controls MedManagement, Inc. (“MMI”), a management company located in Franklin, Tennessee. Lisabeth Williams is a physician and the Chief Medical Officer and minority owner of Pain, MD. She also served as a supervising physician or medical director for the pain clinics at certain times, with oversight for provision of all of the medical care and services provided by the pain clinics to their patients. MMI manages and has managed Pain, MD, Mid-South Pain Management, P.C.; Cumberland Back Pain Clinic, P.C.; Lebanon Back Pain Clinic, P.C.; Blue Mountain Medical Group, P.C.; Natural Bridge Medical Group, P.C.; and Rock Island Medical Group, P.C.
The United States alleges that from at least 2010 through October 2018, Kestner and Williams devised a scheme to operate interventional pain management clinics in Tennessee, North Carolina and Virginia, and fraudulently bill Medicare and TRICARE for TOI injections that were not actually injections into tendons at all. Through this scheme, Kestner and Williams recruited providers, including mid-level medical providers such as nurse practitioners and physician’s assistants, to the pain clinics and trained, pressured, and coerced them into performing high numbers of injections into patients’ back muscles, and then bill for these injections as if they were TOIs. The corporate pressure to meet the targeted goal of being within 15% of the top-biller of TOIs resulted in the pain clinic providers routinely giving patients six to eight injections per visit and sometimes as many as 12 injections into the back muscles, which were then billed as TOIs. During parts of the time period alleged in the lawsuit, patients were required to submit to the injections as a condition of treatment and remaining a patient of the practice. As a direct result of these practices, the defendants, either directly or indirectly, submitted false claims to Medicare and TRICARE and received millions of dollars in reimbursement from federal health care programs to which they were not entitled.
For the period from June 1, 2010 through December 31, 2015, the Medicare program paid the defendant pain clinics approximately $3 million for fraudulent services billed for Medicare beneficiaries treated at the clinics. For the period from March 6, 2014 through October 18, 2018, the TRICARE program paid Pain, MD approximately $288,000 for fraudulent services billed for TRICARE beneficiaries treated at clinics under their control.
Congress established the Medicare Program in 1965 to provide health insurance coverage for people age 65 or older and for people with certain disabilities or afflictions. Medicare Part B covers services like doctors’ and nurse practitioners’ visits and medical supplies. TRICARE (formerly known as CHAMPUS) is a federal health care program that provides health care insurance for active duty military personnel, military retirees, and military dependents.
The case is docketed as United States v. Michael Kestner, et al. (M.D. Tenn.). Assistant U.S. Attorney Ellen Bowden McIntyre represents the United States. Investigative support is provided by the Office of Inspector General of the U.S. Department of Health and Human Services and the Tennessee Bureau of Investigation. The claims in the complaint are allegations only, and there has been no determination of liability.
U.S. Attorney's Office to Monitor Election Day ComplaintsRead the Press Release
NASHVILLE, Tenn. – October 31, 2018 - Unites States Attorney Don Cochran for the Middle District of Tennessee announced today that Assistant United States Attorneys Steve Jordan and Sara Beth Myers will lead the efforts of his office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election. AUSAs Jordan and Myers have been appointed to serve as the District Election Officers (DEOs) for the Middle District of Tennessee, and in that capacity are responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud,” said U.S. Attorney Cochran. “The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, AUSAs Jordan and Myers will be on duty in this district while the polls are open. They can be reached by the public at the following telephone numbers: 615-736-2083 or 615-828-0616.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI Resident Agency can be reached by the public at 615-232-7500.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Don Cochran further stated, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my office, the FBI, or the Civil Rights Division.”
Serial Bank Robber Facing Federal ChargesRead the Press Release
NASHVILLE, Tenn. – October 25, 2018 – Timothy Weakley, 52, of Nashville, Tennessee, was charged yesterday in a criminal complaint with three counts of bank robbery, following the morning robbery of the Rivergate Branch of Regions Bank in Goodlettsville, Tennessee, announced U.S. Attorney Don Cochran of the Middle District of Tennessee.
According to the complaint, Weakley entered the Regions Bank on Rivergate Parkway at 11:45 a.m. yesterday and produced a note demanding money. Weakley lifted his shirt as if to show a gun to the teller and was given $2,200.00, after which he fled the bank. A short time thereafter, officers with the Metropolitan Nashville Police Department located a vehicle matching the description of the getaway car. After ordering Weakley out of the car, he was found to be clenching $2,200.00 cash in his hand.
Further investigation by the MNPD and the FBI Violent Crimes Task Force determined that Weakley was also responsible for robbing the Regions Bank on Nolensville Pike on October 23rd and the attempted robbery of the SunTrust Bank on Charlotte Pike, also on October 23rd; and the robbery of the Regions Bank on Murfreesboro Pike on October 4, 2018.
If convicted, Weakley faces up to 20 years in prison on each count.
This case is being investigated by the FBI and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Juliet Aldridge is prosecuting the case.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Nashville to Serve as Hub for Appalachian Regional Prescription Opioid Strike ForceRead the Press Release
NASHVILLE, Tenn. – October 25, 2018 - Unites States Attorney Don Cochran for the Middle District of Tennessee and Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division announced today the formation of the Appalachian Regional Prescription Opioid Strike Force (ARPO Strike Force), a joint law enforcement effort that brings together the resources and expertise of the Health Care Fraud Unit in the Criminal Division’s Fraud Section (HCF Unit), the U.S. Attorney’s Offices for nine federal districts in five states, as well as law enforcement partners at the FBI, U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) and U.S. Drug Enforcement Administration (DEA). The mission of the ARPO Strike Force is to identify and investigate health care fraud schemes in the Appalachian region and surrounding areas, and to effectively and efficiently prosecute medical professionals and others involved in the illegal prescription and distribution of opioids.
Joining in the announcement were U.S. Attorney D. Michael Dunavant for the Western District of Tennessee; U.S. Attorney J. Douglas Overbey for the Eastern District of Tennessee; U.S. Attorney Robert M. Duncan Jr. for the Eastern District of Kentucky; U.S. Attorney Russell M. Coleman for the Western District of Kentucky; U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio; U.S. Attorney William J. Powell for the Northern District of West Virginia; U.S. Attorney Michael B. Stuart for the Southern District of West Virginia; U.S. Attorney Jay E. Town for the Northern District of Alabama; Assistant Director Robert Johnson of the FBI’s Criminal Investigative Division; Deputy Inspector General for Investigations Gary L. Cantrell of the Department of Health and Human Services Office of Inspector General (HHS-OIG) and Assistant Administrator John J. Martin of the DEA Diversion Control Division.
“This Strike Force designation will provide us with additional resources to expand our investigative and prosecutorial efforts to identify and prosecute those whose greed and indifference overshadow the health and well-being of our citizens,” said U.S. Attorney Don Cochran. “We will target criminal conduct at every level of the opioid distribution chain and those that continue to fuel this addictive and deadly epidemic will be held accountable.”
“While the opioid epidemic continues to inflict untold pain and suffering on people across the country, the devastation in the Appalachian region and adjacent areas has been particularly staggering,” said Assistant Attorney General Benczkowski. “It is all the more reprehensible when unscrupulous physicians and pharmacies contribute to the epidemic by illegally supplying dangerous prescription painkillers. Working with our partners in U.S. Attorney’s Offices and law enforcement, the Appalachian Regional Prescription Opioid Strike Force will combat illegal prescription opioids and health care fraud by holding accountable corrupt medical professionals who seek to profit off the crisis of opioid addiction.”
“The creation of the Appalachian Regional Prescription Opioid Strike Force will bring together critical resources from the FBI and our partners to fight health care fraud in this region and the growing opioid epidemic that faces the United States,” said FBI Assistant Director Johnson. “Healthcare fraud touches every corner of the United States, and through this strike force, the FBI will continue our tireless work to combat illegal opioid prescriptions and bring to justice those medical professionals who put their greed over the health and wellbeing of their patients.”
“The opioid epidemic has had a devastating impact on Americans across the country, including the people of the Appalachian region,” said HHS-OIG Deputy Inspector General for Investigations Cantrell. “The Strike Force model is a proven mechanism to target illicit conduct and hold accountable criminals involved in illegal opioid prescription and distribution schemes. We will continue to work closely with our federal, state, and local law enforcement partners to curb this damaging epidemic.”
“Our nation’s opioid crisis requires us to work with unprecedented urgency in attacking drug diversion at every level,” said DEA Assistant Administrator Martin. “These joint strike force efforts will save lives, while allowing us to better target and bring to justice those who facilitate addiction and profit at the expense of the weakest and most afflicted.”
Prior to this announcement, the HCF Unit operated Medicare Fraud Strike Force’s in 12 locations across the United States including Miami, Florida; Los Angeles, California; Detroit, Michigan; Houston, Texas; Brooklyn, New York; Baton Rouge and New Orleans, Louisiana; Tampa/Orlando, Florida; Chicago, Illinois; and Dallas, Texas, along with a Corporate Strike Force located in Washington, D.C., and the Newark/Philadelphia Regional Medicare Fraud Strike Force. The Strike Forces represent a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI, HHS-OIG and the DEA.
The ARPO Strike Force will be made up of prosecutors and data analysts with the HCF Unit, prosecutors with the nine U.S. Attorney’s Offices in the region, and special agents with the FBI, HHS-OIG and DEA. The ARPO Strike Force will operate out of two hubs based in the Cincinnati/Northern Kentucky, and Nashville, Tennessee, areas, supporting the nine districts that make up the ARPO Strike Force region. In addition, the APRO Strike Force will work closely with other various federal law enforcement agencies, including the U.S. Postal Inspection Service and IRS Criminal Investigation, and State Medicaid Fraud Control Units.
The ARPO Strike Force will target criminal conduct associated with the improper prescription and distribution of prescription opioids and other dangerous narcotics throughout the Appalachian region and surrounding areas – focusing on criminal conduct by physicians, pharmacists, and other medical professionals. The ARPO Strike Force will also investigate and prosecute violations of health care fraud whenever such fraud is detected throughout the region.
In June, Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III noted the success of the Strike Force model while announcing the largest ever health care fraud enforcement action involving 601 charged defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings. Of those charged, 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. More information can be obtained at https://www.justice.gov/opa/documents-and-resources-june-28-2018.
In August, Assistant Attorney General Benczkowski announced the Newark/Philadelphia Medicare Fraud Strike Force, which focuses on health care fraud and illegal opioid prescriptions in the Newark/Philadelphia region.
The Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the prosecutors in the 12 Medicare Fraud Strike Force locations have charged over 4,000 defendants who collectively have falsely billed the Medicare program for over $14 billion. Since January 2017, the HCF Unit has charged over 85 defendants, including 33 doctors with the illegal prescription of opioids (nearly 30 million pills).
Former Nashville Metro Police Sergeant Sentenced to Federal PrisonRead the Press Release
NASHVILLE, Tenn. – October 24, 2018 – Former Nashville Metropolitan Police Department (MNPD) Sergeant James Dunaway was sentenced today to two years in federal prison, to be followed by three years of supervised release, for stealing more than $100,000 during the execution of search warrants, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Dunaway, 43, of Old Hickory, Tennessee, was indicted by a federal grand jury on May 2, 2018, and charged with theft from an entity that receives federal program funds and money laundering. He pleaded guilty to the charges on July 10, 2018.
“When public servants that are sworn to uphold the law violate their oath, they must always be held accountable,” said U.S. Attorney Don Cochran. “Dunaway made a conscious decision to violate the public’s trust and in doing so, he brought dishonor upon the profession and his department and placed an unnecessary burden on the many honorable men and women who work tirelessly every day to adhere to the highest standards of the profession. I commend the leadership of the Metropolitan Nashville Police Department for taking swift and appropriate action when this matter came to their attention.”
“James Dunaway betrayed the families of Nashville and the men and women of this police department,” said Metro Police Chief Steve Anderson. “Our sting investigation showed that he greedily and selfishly stole money in a scheme that sickened all of us. I am grateful to U.S. Attorney Don Cochran and the FBI for agreeing with our request to prosecute Dunaway in the federal system.”
Dunaway was a supervisor in the MNPD Specialized Investigation Division-Narcotics Unit and was responsible, among other things, for monitoring and executing search warrants. During the execution of search warrants on five separate occasions, he stole a portion of the cash discovered and seized at each location, including:
The November 18, 2015 search of a residence off Pleasant Hill Road in Nashville, where more than $100,000 was seized;
The April 10, 2017 search of a residence off Robertson Road in Nashville, where more than $500,000 was seized;
The April 26, 2017 search of a residence off Pleasant Hill Road in Nashville, where more than $182,000 was seized;
The September 13, 2017 search of a residence off Spencer Enclave Way in Nashville, where more than $70,000 was seized; and
The November 15, 2017 search of a hotel room in which the MNPD Office of Professional Accountability had placed marijuana, $28,000 cash and video cameras for the purpose of conducting an integrity check. Video cameras captured Dunaway placing money in his pockets during the search and the indictment alleges that Dunaway stole $5,860.00 during the execution of this search warrant.
Between April 11, 2017 and May 8, 2017, Dunaway made approximately $40,540.00 in cash deposits and on May 1, 2017, he obtained a cashier’s check with $42,500.00 cash, which he stole during the searches. Dunaway then used the cashier’s check to purchase a 2014 Toyota Sequoia.
During the course of this scheme, Dunaway embezzled, stole and converted approximately $109,910.00 to his own use.
In addition to the prison sentence, U.S. District Judge Aleta A. Trauger ordered Dunaway to forfeit the 2014 Toyota Sequoia and to pay restitution in the amount of $80,969.00.
This case was investigated by the FBI and the Metropolitan Nashville Police Department. U.S. Attorney Don Cochran and Assistant U.S. Attorney Sara Beth Myers prosecuted the case.
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Murfreesboro Man Charged with Embezzling More Than $1 Million from Lasko ProductsRead the Press Release
NASHVILLE, Tenn. – October 19, 2018 –Randall Griffin, 46, of Murfreesboro, Tennessee, was charged yesterday with mail fraud, for operating an embezzlement scheme, during which he stole more than $1 million from his former employer, Lasko Products, LLC., announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
A criminal information filed yesterday charged Griffin with embezzling $1,006,293.58 through a scheme that began in 2009 and continued until August 2017, while Griffin was employed as a maintenance technician for Lasko Products, a home appliance manufacturing and distribution company located in Franklin, Tennessee.
According to the charging document, Griffin carried out the scheme by creating and falsifying purchase orders and invoices for equipment parts, causing Lasko checks to be sent to a series of post office boxes that he opened under various false business names. Griffin created fake business names that closely resembled legitimate vendors with whom Lasko conducted business. Griffin also created bank accounts for each business and ultimately deposited the funds sent to these accounts into his personal bank account.
If convicted, Griffin faces a sentence of up to 20 years in prison, a $250,000 fine and restitution of the full amount. The government also seeks forfeiture of any and all proceeds derived from the scheme.
This case was investigated by the FBI and the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Sara Beth Myers.
The charge is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Final Defendant Sentenced to Prison in All About Giving FraudRead the Press Release
NASHVILLE, Tenn. – October 4, 2018 – Tammy Young, 49, of Knoxville, Tennessee, was sentenced yesterday in U.S. District Court to 15 months in federal prison for her role in defrauding the government of more than $2 million, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. Young is the final defendant to be sentenced in the conspiracy, which resulted in charges against eight other individuals. U.S. District Judge Aleta A. Trauger also ordered $550,001 in forfeiture and restitution.
According to court documents, All About Giving, Inc. was formed by LaShane Hayes and incorporated as a non-profit agency in September 2014. The entity was registered as a sponsor agency in the United States Department of Agriculture’s Child and Adult Care Feeding Program (CACFP), which is administered by the Tennessee Department of Human Services (TDHS). The CACFP was created to reimburse child care providers for meals served to low-income children and other qualifying individuals.
Between January 2015 and July 2016, Tammy Young used her residence as the Knoxville office for All About Giving, Inc. and enrolled other individuals as providers for the purpose of submitting fraudulent reimbursement claims to TDHS, representing that the funds had been used to provide meals for eligible CACFP participants. Young pleaded guilty to conspiracy to commit wire fraud and admitted that she registered individuals as providers, knowing that they were not providing child care and overstated the number of providers who actually furnished meals to children and inflated the number of children who actually received meals. During the course of this conspiracy, Young personally received checks totaling more than $54,000.
The other eight defendants charged in this case previously pleaded guilty and have been sentenced by the court.
The case was investigated by the USDA Office of Inspector General and the Tennessee Bureau of Investigation and was prosecuted by Assistant U.S. Attorneys Henry Leventis and Sara Beth Myers.
Texas Man Facing Federal Charges After Threatening Letters Sent to Taylor Swift's Record LabelRead the Press Release
NASHVILLE, Tenn. – September 20, 2018 – A federal criminal complaint was issued yesterday charging Eric Swarbrick, 26, of Austin Texas, with interstate stalking and sending interstate communications with the intent to threaten, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
“Too often, we have seen the consequences of ignoring signs of escalating violent behavior by some individuals,” said U.S. Attorney Cochran. “The attention given to this matter by our law enforcement partners and the resulting federal charges we have brought should serve to prevent a future tragic event.”
According to the complaint, in January 2018, Big Machine Label Group (“BMLG”) in Nashville, began receiving letters from Swarbrick expressing his desire for BMLG CEO Scott Borchetta to introduce him to BMLG client Taylor Swift. In one letter, Swarbrick acknowledges that he has been wandering around the offices of BMLG in the past. Over time, the letters became increasingly violent and sexual in nature, with at least 40 letters and emails being received by BMLG.
The complaint alleges that on three occasions, Swarbrick drove from Texas to Nashville and personally delivered letters to BMLG, including on August 2, 2018, at which time he was arrested by the Metropolitan Nashville Police Department. After being released from custody in Nashville, Swarbrick continued to send at least 13 threatening letters and emails before the end of August. In many of the letters, Swarbrick expressed his desire to rape and kill Taylor Swift and in one he stated he would kill himself in front of Borchetta and his staff.
Swarbrick is currently detained in Travis County, Texas and will be transferred to the Middle District of Tennessee at an undetermined date in the future.
If convicted, Swarbrick faces up to five years in prison and a $250,000 fine on each count.
This case is being investigated by the FBI and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Siji Moore is prosecuting the case.
The defendant is presumed innocent until proven guilty in a court of law.
Serial Bank Robber IndictedRead the Press Release
NASHVILLE, Tenn. – September 20, 2018 – Malik Armstrong, 24, of Murfreesboro, Tennessee, was indicted yesterday by a federal grand jury and charged with three counts of bank robbery, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
According to charging documents, on July 9, 2018, an individual entered the Fort Campbell Blvd. U.S. Bank branch, in Clarksville, Tennessee and presented a note demanding cash. After receiving the cash from a teller, the individual fled the bank on foot.
On July 19, 2018, the Metropolitan Nashville Police Department responded to a robbery call at the Bell Road branch of the Fifth Third Bank. The subsequent investigation determined that the suspect’s physical description matched the description of the person responsible for the Clarksville bank robbery and the suspect presented a demand note almost identical to the one presented in Clarksville.
On August 15, 2018, the Bell Road branch of the U.S. Bank in Nashville was robbed using the same manner and means as the previous two robberies and by the same individual who had been identified by investigators as Malik Armstrong.
On August 16, 2018, a criminal complaint was issued and Armstrong was arrested by the FBI on August 31, 2018, after being located in West Tennessee.
If convicted, Armstrong faces up to 20 years in prison on each count.
This case was investigated by the Clarksville Police Department; the Metropolitan Nashville Police Department and the FBI Violent Crimes Task Force. Assistant U.S. Attorney Chris Suedekum is prosecuting the case.
The defendant is presumed innocent until proven guilty in a court of law.
Convicted Felon Sentenced to Federal Prison for Bribing a Postal EmployeeRead the Press Release
NASHVILLE, Tenn. – September 19, 2018 – Mark Shankle, 28, of Nashville, Tennessee, was sentenced Monday to 15 months in prison for paying a bribe to a public official, announced U.S. Attorney Don Cochran of the Middle District of Tennessee. Shankle was indicted in March and pleaded guilty on June 11, 2018.
According to court documents, in December 2017 Shankle approached an employee of the United States Postal Service in Joelton, Tennessee and solicited his assistance in receiving a shipment of steroids. Shankle offered to pay the employee $300 to hold and deliver the package to him when it arrived at the post office. After arranging to have the package shipped under a false name, Shankle gave the employee $100. The postal employee reported the incident to the U.S. Postal Inspection Service.
In late December 2017, the Postal Service identified the target package which had been shipped from Oakland, California. Agents obtained a search warrant for the package and discovered that it contained approximately two pounds of marijuana. A controlled delivery of the package was arranged and Shankle was arrested after picking up the package at the rear of the Ashland City, Tennessee Post Office on January 2, 2018.
At the time of his arrest, Shankle was on supervised release after having been convicted in 2011, in U.S. District Court in Nashville, of being a convicted felon in possession of a firearm.
This case was investigated by the U.S. Postal Inspection Service and the USPS Office of Inspector General. The case was prosecuted by Assistant U.S. Attorney Siji Moore.
Winchester Man Sentenced to 20 Years in Prison for Child Pornography CrimesRead the Press Release
NASHVILLE, Tenn. – September 17, 2018 – David Hamilton Soderbom, 51, of Winchester, Tennessee, was sentenced today to 20 years in federal prison for producing child pornography and for possessing thousands of images and videos depicting the sexual exploitation of minors, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
U.S. District Judge Aleta Trauger also ordered Soderbom to be placed on lifetime supervision and to pay a total of $20,000 in restitution to the victims.
According to court records, in September of 2015, the FBI discovered that Soderbom had accessed an online child pornography website that was accessible only to those who were aware of its existence. After a search warrant was executed on his home in Lebanon, Tennessee, a forensic analyst determined that Soderbom had collected 3,953 images and 28 videos of child pornography, which he had stored on several computers and hard drives. The collection included depictions of young children, some of which involved sexual violence. During the investigation, agents also discovered that on three different occasions in July 2010, Soderbom had recorded sexually explicit images of a girl who was 7 years old.
Soderbom was charged on September 7, 2016 with three counts of production of child pornography, receipt of child pornography, and possession of child pornography and pleaded guilty to all counts of the indictment on October 20, 2017.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices - Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This matter was investigated by the FBI and prosecuted by Assistant U.S. Attorneys S. Carran Daughtrey and Henry Leventis.
Illegal Alien MS-13 Member Convicted of Assaulting a Federal Witness, Drug Distribution, Immigration & Firearms ViolationsRead the Press Release
NASHVILLE, Tenn. – September 17, 2018 – An illegal alien and MS-13 gang member from El Salvador was convicted today by a federal jury of using physical force to tamper with a witness; being an illegal alien in possession of a firearm; illegally re-entering the United States after previously being deported; multiple counts of cocaine distribution; and multiple counts of other firearms violations, announced U.S. Attorney Don Cochran of the Middle District of Tennessee and Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.
Gerson Serrano-Ramirez, aka Frijole, 31, was indicted in August 2017 and convicted today on all counts after a 3-day jury trial in U.S. District Court in Nashville.
“The jury’s verdict will ensure that another violent criminal alien will be removed from our community for a very long period of time and he will have little, if any, chance of ever inflicting harm outside of his new home - a federal penitentiary,” said U.S. Attorney Cochran. “I commend the excellent work of our law enforcement partners and our prosecutors and appreciate the jury’s time and attention during this trial.”
“MS-13 is one of the most violent and dangerous gangs in America, and the conduct that occurred in this case is further evidence of the gang’s ruthlessness,” said Assistant Attorney General Benczkowski. “The Department of Justice and our law enforcement colleagues are committed to combatting MS-13 here in the Middle District of Tennessee and in every other jurisdiction where the gang operates. We will seek out members of MS-13 and other violent gangs wherever they may be and prosecute them to the fullest extent of the law.”
According to evidence and testimony presented at trial, in July 2017 the activities of Seranno-Ramirez and other MS-13 Gang members were disrupting the normal operation and business of a local night club and this was brought to the attention of Seranno-Ramirez by an acquaintance, with a request to tone down their disruptive behavior. Seranno-Ramirez later invited the individual to his home in the Antioch, Tennessee area, where he subsequently assaulted him by pointing an assault rifle at him; strangling him with the rifle strap; spraying bleach into his eyes; and then attempted to suffocate him by placing a plastic bag over his head. Finally, while clamping the individual’s finger with a pair of pliers and holding an assault rifle on him, Seranno-Ramirez told the individual that if he told anyone about the assault that he would kill him and his mother.
Evidence introduced during the trial also included video of the assault which was captured on an in-home security system at Seranno-Ramirez’ house and videos of him packaging and selling cocaine from the residence. This video was discovered and seized during the subsequent execution of a search warrant. Also seized during this search was an AK-47 assault rifle; multiple rifle magazines; 582 rounds of ammunition; body armor; and a small amount of cocaine and marijuana.
Serrano-Ramirez faces a mandatory minimum sentence of at least 30 years, up to life in prison when he is sentenced on January 28, 2019.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Drug Enforcement Administration; Homeland Security Investigations – Immigration & Customs Enforcement; and the Metropolitan Nashville Police Department Gang Unit. Assistant U.S. Attorney Ahmed Safeeullah and Department of Justice Trial Attorney Matthew Hoff prosecuted the case.
Nashville Man Sentenced to 30 Years in Federal Prison for Hobbs Act RobberyRead the Press Release
NASHVILLE, Tenn. – September 13, 2018 – Dominique Cordell Wallace, aka Deuce Face, 24, of Nashville, Tennessee, was sentenced yesterday to 30 years in federal prison, for Hobbs Act robbery and firearms violations, announced U.S. Attorney Don Cochran of the Middle District of Tennessee. There is no parole in the federal criminal justice system.
“I am grateful that the victim survived this horrific, violent crime and was able to be heard at the sentencing hearing,” said U.S. Attorney Cochran. “I commend our law enforcement partners for their investigative expertise and our prosecutors for structuring an outcome that will ensure Dominique Wallace has many, many years to ponder the consequences of his actions. We will continue to deal with violent criminals swiftly and with the certainty that they will be held accountable.”
According to court records, on June 3, 2015, Wallace, Demontay Thomas, Robert Brooks, and Michael Bright, all of Nashville, planned and agreed to rob the Express Market located on Antioch Pike in Nashville. Bright served as the driver, while Wallace, Thomas and Brooks entered the store as it was closing, armed with handguns. During the robbery, Wallace grabbed the store clerk by the neck with one hand while waiving a pistol in his other hand and forced the clerk toward the cash register. Thomas crawled under the counter to the register area, while Brooks went over the counter and fired his pistol. The bullet struck and killed Demontay Thomas. Wallace then shot the store clerk in the head and fled the scene with Brooks, leaving Thomas dead at the store and the clerk severely wounded.
The store clerk was later transported to a local hospital where he underwent life-saving surgeries. He testified at the sentencing hearing that he sustained permanent, severe injuries; will have to undergo additional surgeries and will eventually lose his eyesight.
Less than one month before this incident, Wallace had been placed on probation for 10 years, following a guilty plea in Davidson County, Tennessee, to attempted second-degree murder, as a result of an incident in which he and another person shot an individual multiple times while attempting to rob him at the Cumberland View public housing development in Nashville.
At sentencing, United States District Judge Aleta Trauger remarked that this was a “horrendous” crime which ruined the victim’s life, and that this was one of the worst violent crime cases she had seen.
Michael Bright previously pleaded guilty and was sentenced to 276 months in prison. Robert Brooks also pleaded guilty and will be sentenced on November 1, 2018.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Metropolitan Nashville Police Department. The case was prosecuted by Assistant United States Attorneys Philip H. Wehby and Sunny A.M. Koshy.
Cheatham County Jail Supervisor Pleads Guilty to Making False Statements to the FBIRead the Press Release
NASHVILLE, Tenn. – September 12, 2018 – Gary Ola, 54, a sergeant at the Cheatham County Jail in Ashland City, Tennessee, pleaded guilty late yesterday in U.S. District Court to two counts of making false statements to FBI agents, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Ola was indicted on June 26 and the charges resulted from false statements about his knowledge of an incident in which another corrections officer used a Taser to stun a restrained detainee inside the Cheatham County Jail. The other corrections officer was charged in a separate indictment with two counts of deprivation of rights under color of law and two counts of obstruction of justice and his trial is scheduled for early 2019. He is presumed innocent until proven guilty.
In his plea agreement, Ola admitted to making false statements during two separate interviews with federal agents investigating the Taser incident. In the first interview in August 2017, Ola falsely told agents with the FBI and the Tennessee Bureau of Investigation that, after he helped secure a detainee in a restraint chair in the Cheatham County Jail on Nov. 5, 2016, he walked away and did not see another corrections officer deploy a Taser and stun the detainee. In a second interview with the FBI in May 2018, Ola stated that he did not see the corrections officer stun the detainee after officers placed the detainee in handcuffs. Ola admitted that he made these false statements because he feared retaliation if he reported that the corrections officer had used his Taser in violation of the jail’s policy and training.
Ola faces a maximum sentence of five years in prison and a $250,000 fine on each count. A sentencing date has yet to be scheduled.
This case was investigated by the FBI and the Tennessee Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Sara Beth Myers of the Middle District of Tennessee and Civil Rights Division Trial Attorney Michael J. Songer.
Franklin Man Sentenced to Federal Prison for Hit & Run on the Natchez Trace ParkwayRead the Press Release
NASHVILLE, Tenn. – September 4, 2018 – Marshall Neely III, 59, of Franklin, Tennessee, was sentenced today in U.S. District Court to 10 months in prison, after pleading guilty to charges stemming from a July 2017 incident where he struck and injured a bicyclist on the Natchez Trace Parkway and left the scene, announced U.S. Attorney Don Cochran of the Middle District of Tennessee. Chief U.S. District Judge Waverly D. Crenshaw, Jr., also ordered Neely to pay $2,260.00 in restitution to the victim.
Neely was indicted in July 2017, after he struck and injured a bicyclist with his vehicle while driving on the Natchez Trace Parkway on July 8, 2017. After striking the bicyclist, Neely failed to stop and left the scene. He pleaded guilty on May 21, 2018, to reckless aggravated assault; lying to a federal agent; and obstruction of justice.
According to court documents, on the morning of July 8, 2017, two individuals were riding their bicycles on the Natchez Trace Parkway when one was struck from behind by a black Volvo SUV. The impact knocked the rider to the ground and destroyed the bicycle. The bicyclist sustained injuries and was transported to Williamson County Medical Center by ambulance. The other bicyclist had a helmet-mounted camera which recorded the collision, as well as the Volvo driving away from the scene. The video of this incident was later posted online and contained a visible license plate and other decals which subsequently led to the identification of the vehicle and its driver, Marshall Neely III.
That same evening, law enforcement officers arrived at Neely’s house and found him unconscious on the floor. Neely later admitted that he had been driving on the Natchez Trace Parkway earlier in the day and claimed someone threw a bicycle at his car. He also admitted that after seeing the video posted online, he removed the decals from the rear window of his car because he knew the decals would lead to his identification.
This case was investigated by the National Park Service and the Williamson County Sheriff’s Department. Assistant U.S. Attorney Sara Beth Myers prosecuted the case.
Clarksville Man Facing Bank Robbery ChargesRead the Press Release
NASHVILLE, Tenn. – August 29, 2018 – Muhammed Talik Shahid, 25, of Clarksville, Tennessee, was charged yesterday in a criminal complaint with attempting to rob the U.S. Bank in Clarksville, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
According to the complaint, on August 22, 2018, a masked gunman entered the Fort Campbell Boulevard branch of the U.S. Bank and handed a teller a note demanding at least $50,000. As the teller began gathering the cash, the suspect paced back and forth, looking out the front windows of the bank and then left the bank without the cash.
An alert citizen saw the suspect enter and exit the bank and followed the suspect as he drove away and eventually flagged down a police officer in nearby Oak Grove, Kentucky. The Oak Grove officer surveilled the suspect’s vehicle until he returned to Clarksville and was arrested by officers with the Clarksville Police Department and found to be in possession of a loaded handgun.
If convicted, Shahid faces up to 25 years in federal prison.
This case was investigated by the FBI; the Clarksville Police Department; and the Oak Grove, Kentucky Police Department. Assistant U.S. Attorney Lynne T. Ingram is prosecuting the case.
FBI and Local Law Enforcement Busts Cuban Fraud RingRead the Press Release
Card Skimming Devices and Stolen Checks Results in Eight Defendants Charged in Bank Fraud Conspiracy
NASHVILLE, Tenn. – August 27, 2018 – Eight members of a Cuban fraud ring have been charged with conspiracy and bank fraud for operating a fraudulent scheme which resulted in more than $700,000 in financial loss, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. All of the defendants have pleaded guilty and all but three have been sentenced.
According to court documents, between July 2014 and July 2016, the defendants traveled from the Miami, Florida area and elsewhere to the middle Tennessee area for the purpose of stealing identities and bank account information. This was accomplished by placing card skimming devices on numerous gas pumps around the greater Nashville area. Once the skimming devices captured account information from customer’s cards, the fraud ring used the stolen account numbers to create re-encoded bankcards and then used the re-encoded bankcards to purchase electronics and other goods from retailers.
The fraud ring also stole business checks from customer mail boxes and then infiltrated the business bank accounts and used the stolen information to create fraudulent business checks. The fraudulent checks were made payable to defendants’ aliases and cashed at various financial institutions in the middle Tennessee area and elsewhere.
All of the defendants were charged during November and December 2017 and have pleaded guilty. Charged in the conspiracy are:
Alexis Salgueiro-Rodriguez, 27, sentenced to 60 months in prison;
Yasel Nodarse, 29, sentenced to 25 months in prison;
Daniel Martinez-Mazon, 39, and Luis Enrique Vazquez-Pedroso, 31, each sentenced to 23 months in prison; and
Alain Rivero-Rodriguez 37, sentenced to 22 months in prison.
Yuseff Antonio Elias, 32, Emilio Rafael-Gomez, 31, and Oscar Diaz de la Cruz, 30, are awaiting sentencing.
This case was investigated by the FBI; the LaVergne Police Department; and the Murfreesboro Police Department. Assistant U.S. Attorneys Siji Moore and Stephanie N. Toussaint are prosecuting the case.
Columbia, Tennessee Man Facing Federal Firearms and Drug ChargesRead the Press Release
NASHVILLE, Tenn. – August 27, 2018 – Jacob Michael Goethe, 26, of Columbia, Tennessee, was charged in a criminal complaint on Friday with being a convicted felon in possession of a firearm and possession and distribution of heroin, after he purchased a 9mm handgun from an undercover officer, announced U.S. Attorney Don Cochran of the Middle District of Tennessee.
According to the criminal complaint, Goethe had been the target of a drug trafficking investigation in Maury County, Tennessee and had sold heroin to an undercover officer on prior occasions. At the conclusion of one drug transaction, Goethe asked the undercover officer if he could get him a pistol and specified that he was interested in a small compact handgun.
On August 22, 2018, Goethe texted the undercover officer and arranged to purchase a handgun by negotiating a trade for approximately 3.5 grams of heroin. On August 24, 2018, ATF agents made a controlled delivery of a Glock 9mm handgun to Goethe in exchange for the heroin. Goethe was immediately taken into custody.
If convicted, Goethe faces up to 20 years in federal prison.
This case was investigated by the ATF; the Maury County Sheriff’s Department; the 17th Judicial District Drug Task Force; the 22nd Judicial District Drug Task Force; and the Tennessee Bureau of Investigation. Assistant U.S. Attorney Lynne T. Ingram is prosecuting the case.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Two Plead Guilty to Host of Violent Crimes in J.C. Napier NeighborhoodRead the Press Release
Eight-Month Violent Crime Spree Included Multiple Shootings, Robberies &Two Dead
NASHVILLE, Tenn. – August 22, 2018 – Two Nashville, Tennessee men pleaded guilty on Monday in U.S. District Court, to a series of violent crimes committed in and around the J.C. Napier neighborhood, including crimes that resulted in the murders of two individuals, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Terrance Christopher Kimbrough, aka Lil Chris, aka Rampage, 22, pleaded guilty to two counts of using, carrying and brandishing a firearm during and in relation to a crime of violence resulting in death; Hobbs Act robbery; and other federal firearms offenses.
Michael Calloway, Jr., aka Oso, 23, pleaded guilty to being a convicted felon in possession of ammunition, charges which resulted from an incident on November 23, 2014, where he shot into a vehicle occupied by three adults and a young child in the J.C. Napier area. Calloway is currently serving a 15-year sentence resulting from federal charges relating to another shooting in the J.C. Napier neighborhood in April 2015.
According to court documents, beginning in November 2014, Kimbrough was one of two individuals who robbed two men in the J.C. Napier area. During this robbery, the men targeted were ordered to strip and were then robbed of their clothing, drugs, money and identification.
On November 16, 2014, Kimbrough attempted to rob another individual, known to be a street-level drug dealer in the J.C. Napier area and shot the individual as he attempted to flee. Kimbrough chased the individual through the neighborhood and fired several rounds at him, causing him to be treated at a hospital for gunshot wounds and other injuries sustained while fleeing.
On November 26, 2014, Kimbrough participated in the robbery of Brendon Leggs, at a market near the J.C. Napier area. During this robbery, Kimbrough and Calvin Starks approached Leggs as he sat in his car and demanded drugs and money. As Leggs attempted to drive away, Kimbrough and Starks fired a total of 18 rounds at Leggs, striking him twice and killing him. Starks was sentenced last year to 35 years in prison.
A week later, on December 3, 2014, Kimbrough and a juvenile shot and killed Monte Watson, near the intersection of Lewis and Robertson Streets, in the J.C. Napier area. Kimbrough was aware that Watson had witnessed him murder Leggs and had been searching for him in order to silence him.
On February 23, 2015, Kimbrough fired multiple rounds into the engine compartment of an occupied car, in the J.C. Napier neighborhood, because the driver refused to give him a ride.
Finally, Kimbrough pleaded guilty to charges resulting from an incident on July 4, 2015, where he shot a member of the Bloods Gang on Porter Road in Nashville and another incident on July 17, 2015, where Kimbrough participated in a shootout between two rival groups, in the J.C. Napier neighborhood. During this shootout, two women were stuck by gunfire and were treated for gunshot wounds at a hospital.
Pursuant to their plea agreements, Kimbrough faces between 40 - 45 years in prison and Calloway faces up to an additional 20 years in prison when they are sentenced by Chief U.S. District Judge Waverly D. Crenshaw, Jr., on November 20, 2018.
Since 2015, more than 40 defendants have been charged and convicted as a part of this lengthy and on-going investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Metropolitan Nashville Police Department’s Gang Division. Assistant U.S. Attorneys Sunny A.M. Koshy and Philip H. Wehby are prosecuting the cases.
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Two Nashville Men Facing Federal Charges for Rite Aid RobberyRead the Press Release
Security Guard Shot During Inside-Job Robbery
NASHVILLE, Tenn. – August 22, 2018 – A criminal complaint was unsealed yesterday charging two Nashville, Tennessee men with federal crimes relating to the armed robbery of the Rite Aid on West End Avenue in October 2017, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Carlos Valcarcel Arocho, 22, and Deonte Breedlove, 24, were each charged with robbery affecting commerce. Breedlove was also charged with using, carrying and brandishing a firearm during and in relation to a crime of violence.
According to the complaint, on October 9, 2017, at approximately 4:00 a.m., an individual later identified as Deonte Breedlove, entered the Rite Aid on West End Avenue and shot the security guard in the chest at close range. Breedlove then went to the office area of the store, pointed a handgun at the two employees and ordered them to place money in a bag. Breedlove then fled the store with the bag of money.
During the subsequent investigation, investigators determined that one of the Rite Aid employees, Carlos Valcarcel Arocho, was texting Breedlove on a cell phone just prior to the robbery and were able to establish a relationship between Arocho and Breedlove. Metro Nashville Police Department detectives obtained a search warrant for Arocho’s residence and subsequently located evidence from the robbery inside his apartment.
Arocho and Breedlove were subsequently arrested on October 19th and October 20, 2017, respectively, and charged in state court with aggravated robbery.
If convicted of the federal charges, Breedlove faces up to life in prison and Arocho faces up to 20 years in prison.
This case was investigated by the Metropolitan Nashville Police Department and the FBI. Assistant U.S. Attorneys Philip H. Wehby and Van Vincent are prosecuting the case.
A criminal complaint is merely an accusation. All defendants are presumed innocent until proven guilty in a court of law.
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Nashville Man Facing Federal Charges for July Bank RobberiesRead the Press Release
James Orion Fox, 49, of Nashville, Tennessee, was indicted yesterday by a federal grand jury and charged with two counts of bank robbery, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
According to the indictment and court documents, on July 11, 2018, Fox entered the Fifth Third Bank on Murfreesboro Pike and placed a bag and note on the counter indicating that this was a robbery and stated that he had a gun. The bank teller placed money from the cash drawer in the bag and Fox fled the bank. The subsequent investigation identified Fox as the person responsible and on July 13, 2018, a criminal complaint and warrant was issued, charging Fox with Bank Robbery.
While Fox was being sought for this robbery, the indictment alleges that on July 24, 2018, he robbed the Fifth Third Bank on Church Street, in Downtown Nashville. Fox was subsequently located and arrested on August 5, 2018, by officers with the Smyrna Police Department.
If convicted, Fox faces up to 20 years in prison on each count.
This case was investigated by the FBI; the Metropolitan Nashville Police Department and the Smyrna Police Department. Assistant U.S. Attorney Juliet Aldridge is prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Two MS-13 Gang Members Charged with Murder in Aid of Racketeering and Other ChargesRead the Press Release
WASHINGTON – A federal grand jury sitting in Nashville, Tennessee today, returned a five-count indictment, charging two members of the MS-13 gang with murder in aid of racketeering, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Don Cochran of the Middle District of Tennessee.
Oscar Degaldo Flores, aka Flaco, 24, of El Salvador, and Luis Colindres, aka Listo and Joe, 21, of Honduras, were also charged with conspiracy; witness tampering; using, carrying and discharging a firearm during and in relation to a crime of violence; and causing death through the use of a firearm.
The indictment alleges that on Sept. 24, 2017, Flores and Colindres shot and killed an individual identified as “H.Z.” and also shot and killed another individual identified as “Y.H.,” in order to prevent that individual from communicating with law enforcement about the commission of their crimes, including the murder of “H.Z.”
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; the U.S. Drug Enforcement Administration; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Metropolitan Nashville Police Department. Trial Attorney Matthew Hoff of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Ahmed Safeeullah and Sunny A.M. Koshy of the Middle District of Tennessee are prosecuting the case.
The charges in the indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Federal Indictment Charges Two MS-13 Gang Members with Murder in Aid of Racketeering and Other ChargesRead the Press Release
A federal grand jury sitting in Nashville, Tennessee today, returned a five count indictment, charging two members of the MS-13 gang with murder in aid of racketeering, announced U.S. Attorney Don Cochran of the Middle District of Tennessee and Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.
Oscar Degaldo Flores, aka Flaco, 24, of El Salvador, and Luis Colindres, aka Listo and Joe, 21, of Honduras, were also charged with conspiracy; witness tampering; using, carrying and discharging a firearm during and in relation to a crime of violence; and causing death through the use of a firearm.
The indictment alleges that on September 24, 2017, Flores and Colindres shot and killed an individual identified as “H.Z.” and also shot and killed another individual identified as “Y.H.,” in order to prevent that individual from communicating with law enforcement about the commission of their crimes, including the murder of “H.Z.”
If convicted, the defendants face up to life in prison.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; the U.S. Drug Enforcement Administration; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and the Metropolitan Nashville Police Department. Assistant U.S. Attorneys Ahmed Safeeullah and Sunny A.M. Koshy of the Middle District of Tennessee and Trial Attorney Matthew Hoff of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case.
An indictment in merely an accusation. The defendants are presumed innocent until proven guilty in a court of law.
Clarksville Man Facing Federal Charges After Shooting at Police OfficersRead the Press Release
NASHVILLE, Tenn. – July 26, 2018 – Elique Camacho, 21, of Clarksville, Tennessee, was indicted yesterday by a federal grand jury for possessing a firearm after being convicted of a crime of domestic violence, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
“This is another example where someone committed an act of violence against our police officers and now, if convicted, faces up to 10 years in federal prison - without parole,” said U.S. Attorney Cochran. “We continue to repeat this message - if you commit an act of violence against a law enforcement officer, the U.S. Attorney’s Office will review the facts and if appropriate, as it is in this case, we will bring federal charges.”
According to the indictment, on June 24, 2018, Clarksville police officers were involved in a vehicle pursuit of Camacho, who was fleeing apprehension. As he was fleeing from the police, Comacho fired several rounds from his vehicle at pursuing officers, before hiding overnight in a wooded area. Comacho was located and arrested the following morning and found to be in possession of a loaded 9mm handgun.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Clarksville Police Department. Assistant U.S. Attorney Brooke Schiferle is prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Woman Sentenced to Prison for Tax Refund FraudRead the Press Release
Jenelle Robyn Pinkston, 50, of Corvalis, Oregon and formally of Nashville, Tennessee, was sentenced Friday to three years in prison for her involvement in a scheme to fraudulently obtain income tax refunds, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Pinkston was charged in a criminal information on January 23, 2017, and pleaded guilty in January 2018.
According to documents filed with the court and evidence presented at the sentencing hearing, Pinkston filed 143 fraudulent tax refunds over a ten-month period in 2012, while acting as an independent tax preparer for a Nashville-area tax preparation service. Pinkston filed the tax returns on behalf of customers of the tax preparation service and also used the identities of prison inmates, without their knowledge, to file false and fraudulent returns. The fraudulent tax returns resulted in refunds totaling $403,615.00, which Pinkston directed to two banks accounts under her control, and caused an actual loss of more than $63,000 to the IRS.
U.S. District Judge William L. Campbell, Jr. ordered Pinkston to serve three years in prison, two years of supervised release and to pay $63,338 in restitution to the IRS. He also ordered a forfeiture money judgment of $3,185.
This case was investigated by IRS Criminal Investigation and prosecuted by Assistant U.S. Attorney Stephanie N. Toussaint.
Clarksville Man Facing Federal Charges After Foiled Robbery AttemptRead the Press Release
Gabriel Gonzales, 18, of Clarksville, Tennessee, was charged yesterday in a criminal complaint with Hobbs Act robbery and brandishing and carrying a firearm during and in relation to a crime of violence, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
According to the complaint, on May 10, 2018, just before midnight, Gonzales and two other individuals accosted the clerk of Chip’s Quick Stop, located on Whites Creek Pike, as he was outside the store. All of the individuals wore facial coverings and Gonzales was armed with a shotgun. Gonzales pointed the shotgun at the clerk and ordered him back into the store. The clerk then drew his own weapon and shot Gonzales. As the two accomplices fled, the store clerk secured the shotgun and rendered first aid to Gonzales until medical personnel arrived. Gonzales was subsequently transported to a nearby hospital where he required surgery for the gunshot wound.
Subsequent investigation determined that the shotgun used by Gonzales had been stolen in Clarksville, Tennessee in April 2018.
If convicted, Gonzales faces up to 20 years in prison for the robbery charge and an additional mandatory minimum of seven consecutive years for using a firearm during a crime of violence.
This case was investigated by the Metropolitan Nashville Police Department and the FBI. Assistant U.S. Attorney Siji Moore is prosecuting the case.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Four Individuals Including Two Illegal Aliens Facing Federal Charges in Deadly Fentanyl & Heroin Distribution ConspiracyRead the Press Release
Four individuals, including two who are illegally in the United States, are facing federal drug distribution charges following drug overdoses last March in Columbia, Tennessee, announced Don Cochran, U.S. Attorney for the Middle District of Tennessee.
A federal grand jury sitting in Nashville, yesterday, returned a nine-count superseding indictment against the following persons: Juan Manuel Morales-Rodriguez, aka “Jimmy,” aka “Antonio Sanchez-Mundo,” 39, of Tepic, Mexico; Juan Samudio-Castro, aka “Carlos,” 26, of Michoaacan, Mexico; Austin Chase Sneed, 23, and Jacob Allen Beaver, 22, both of Columbia, Tennessee. Rodriguez, Castro and Sneed were originally charged with the heroin distribution conspiracy in a criminal complaint on March 27, 2018, and all defendants are in custody.
“As long as it takes, the U.S. Attorney’s Office and local, state and federal law enforcement will continue our pursuit against those who insist on contributing to the opioid epidemic facing this nation by supplying their deadly fentanyl-laced drugs and exploiting a vulnerable and addicted population, said U.S. Attorney Cochran. “This is yet another tragic example of the consequences of a long un-checked immigration system and the ease in which these illegal drugs enter our country.”
Count one of the indictment charges all four with conspiracy to distribute and possess with intent to distribute fentanyl and heroin, the use of which resulted in death and serious bodily injury. Morales-Rodriguez and Samudio-Castro are charged with an additional six counts of distributing heroin/fentanyl. Sneed is charged with two additional counts of distributing heroin/fentanyl and Beaver is charged with one additional count of distributing heroin/fentanyl. In addition, Morales-Rodriguez, who is illegally in the United States, is charged with aggravated illegal reentry.
According to the indictment, on March 21, 2018, at least two individuals in Maury County, Tennessee died as a result of ingesting and overdosing on heroin and/or fentanyl, a powerful synthetic opioid commonly prescribed for pain management and relief.
Charging documents also allege that the defendants were involved in a conspiracy where individuals would call a telephone number and place an order for illicit drugs, in this case heroin. The drugs were later delivered to the customer by a third-party courier who works for the same drug organization. After a customer called and placed an order for heroin, the person answering the phone instructed the customer to meet a drug courier inside various public restrooms in the Franklin, Cool Springs, and Brentwood areas near Interstate 65 in Williamson County, Tennessee. Charging documents allege that the drug transactions occurred in the public restrooms of retail establishments in that area..
If convicted, the defendants face a mandatory minimum of 20 years in prison, up to life and up to a $5,000,000 fine.
The case was investigated by the Drug Enforcement Administration; the Columbia Police Dept; the Maury County Sheriff’s Office; the Metropolitan Nashville Police Department; the Williamson County Sheriff’s Office; and the 21st Judicial District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Siji Moore.
An indictment is merely an accusation. All defendants are presumed innocent until proven guilty in a court of law.
Convicted Felon/Gang Member Sentenced to 10 Years in Federal Prison for Possessing Firearm Used to Kill ChildRead the Press Release
Anthony Patrick Sanders, aka “Ant,” aka Lil A,” 28, of Nashville, Tennessee, was sentenced today in U.S. District Court to the statutory maximum of ten years in prison for being a felon in possession of two firearms, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. One of those firearms killed a seven-year-old girl in the Napier Homes public housing development in Nashville.
Sanders was charged in a criminal complaint on June 14, 2017, after the accidental shooting death of 7-year old Harmony Warfield on June 6, 2017. He was indicted by a federal grand jury on July 12, 2017, and pleaded guilty on November 7, 2017.
According to court documents, in June 2016 Sanders was released from prison after being convicted of kidnapping in 2008. In or around February 2017, Sanders began frequenting the J.C. Napier Housing Development in Nashville and regularly began selling heroin in the area. Sanders was known to regularly carry a firearm when he was selling heroin in the area and he frequently stayed at an apartment on Lewis St.
Sanders stayed at the Lewis St. apartment on the night of June 5, 2017. He awoke the following morning and went outside, leaving a loaded pistol within easy access of anyone inside the apartment. Shortly thereafter, a juvenile in the apartment picked up the firearm and discharged the weapon, striking Harmony Warfield in the head and killing her. Sanders then re-entered the apartment and found Harmony laying on the kitchen floor with a gunshot wound to the head. He then retrieved the firearm and fled the area. Court records indicate that three other children, ages 2, 11 and 14, were in the apartment when the incident occurred.
Sanders eventually fled to a community near Columbus, Ohio where he hid the firearm, which was later recovered by ATF agents. Sanders later made threatening statements directed at the person he believed helped recover the firearm. It was also determined that Sanders had taken this firearm from an individual in May 2017, after a fight in the Cayce Homes public housing development in Nashville.
In sentencing Sanders, U.S. District Judge Aleta Trauger remarked that this was a very serious case of a felon possessing a firearm because of the resulting tragedy and the defendant’s actions that followed. Judge Trauger also remarked that the upward variance from the advisory sentencing guidelines of 87-108 months was appropriate in this case.
This case was investigated by the ATF and the Metropolitan Nashville Police Department-Youth Services Division. Assistant U.S. Attorney Sunny A.M. Koshy prosecuted the case.
Former President of Cumberland Distribution, Inc. Sentenced to 15 Years in Federal Prison for $50 Million Drug Diversion SchemeRead the Press Release
Jerrod Nichols Smith, 48, of Houston, Texas, was sentenced yesterday in U.S. District Court to 15 years in federal prison, announced U.S. Attorney Don Cochran of the Middle District of Tennessee. Visiting United States District Judge Billy Wilson also ordered Smith to forfeit $1.4 million.
Smith, along with Charles Jeffrey Edwards, 56, and Brenda Edwards, 47, of Houston, was indicted in January 2013 and charged with operating a 32-month, $50 million drug diversion scheme, in which tainted pharmaceuticals were shipped from a warehouse in Nashville to pharmacies around the country.
Smith was the former president of Houston-based Cumberland Distribution, Inc. (“Cumberland”) and was convicted by a jury in February, after a week-long trial, of 15 counts of mail fraud, conspiracy and making a false statement to the U.S. Food & Drug Administration. Charles and Brenda Edwards previously pleaded guilty to related charges. Charles Edwards was also sentenced today to six years in prison and ordered to forfeit $1.4 million. Brenda Edwards will be sentenced later this year.
The evidence at trial established that, from December 2006 through August 2009, Smith and Jeff Edwards purchased millions of dollars of prescription drugs from unlicensed suppliers who had previously purchased the drugs from patients in and around New York and Miami. In most instances, Smith had these drugs shipped to Cumberland’s Nashville warehouse where they were cleaned, sorted, re-packaged, and shipped to independent pharmacies around the country. Generally, the diverted drugs included drugs used to combat HIV/AIDS; antipsychotic medications; anti-depressants; blood pressure medications; diabetes medications and others.
Smith and Jeff Edwards also had drugs shipped from their unlicensed suppliers to shell companies in Louisiana and Arkansas. Although these companies were licensed to sell drugs, Smith and Jeff Edwards used them as pass-through companies to create the appearance that Cumberland was purchasing drugs from licensed suppliers, when, in fact, Cumberland was purchasing diverted drugs from un-licensed suppliers in New York and Miami. The drugs arriving at Smith’s shell companies were forwarded to Cumberland’s Nashville warehouse and re-sold to independent pharmacies.
In order to conceal the drugs’ true origins, Smith and his co-conspirators provided false documentation to Cumberland’s pharmacy customers.
Numerous pharmacies reported problems with drugs they purchased from Cumberland, including prescription drug bottles containing the wrong medicine; the wrong dosage information; and foreign objects inside. At trial, several witnesses testified that at least one bottle of prescription drugs sold by Cumberland contained breath fresheners instead of medicine.
On May 14, 2009, the FDA executed a federal search warrant at Cumberland’s Nashville warehouse. Thereafter, in order to evade authorities, Smith and his co-conspirators rented another warehouse, utilized freight forwarding companies to receive drug shipments, set up private email accounts, purchased burner phones and hired a private pilot to fly drugs to Nashville. Their scheme resulted in gross proceeds of over $50 million.
This case was investigated by the United States Food and Drug Administration Office of Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Henry C. Leventis and Stephanie N. Toussaint.
Murder for Hire Plot Results in Federal Charges for Nashville ManRead the Press Release
George Anhalt, Jr, 48, of Nashville, Tennessee, was indicted yesterday by a federal grand jury on charges of obstruction of justice; possession and distribution of heroin; being a felon in possession of a firearm; and possessing a firearm during the commission of a federal drug crime, announced U.S. Attorney Don Cochran of the Middle District of Tennessee.
According to the documents filed with the court, in June 2018, Anhalt was charged in a criminal complaint with conspiring to possess and distribute heroin and methamphetamine in 2017. That case resulted from an extensive investigation in 2017 into the Filmon Mehtsentu drug trafficking organization. Mehtsentu and 12 associates were subsequently indicted in December 2017, and charged with conspiracy to distribute heroin, fentanyl, and methamphetamine.
The charges in the indictment filed yesterday are based upon Anhalt’s attempt to kill a witness whom he believed to be cooperating with federal law enforcement in the Mehtsentu case. As described at Anhalt’s detention hearing, in late May 2018, Anhalt contacted a DEA agent, operating in an undercover capacity, to discuss how to kill that witness. Anhalt discussed providing two doses of drugs to the witness, whom he believed was an addict, with the second dose intending to cause an overdose. Anhalt agreed to provide those two doses to the agent in exchange for $1,000 and two firearms.
On June 7, 2018, Anhalt met with the undercover agent and accepted an initial payment of $500.00, which Anhalt stated he would use to purchase the two doses of drugs. When Anhalt subsequently met with the agent at a Nashville hotel on June 10, 2018, he provided two doses of drugs to the agent. The first dose contained heroin and the second dose contained heroin and Seroquel, an anti-psychotic drug. Anhalt then took possession of another $500 and two handguns as payment for the heroin and ATF agents arrested him in the hotel room.
This case is being investigated by the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Brent Hannafan is prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Florida Man Indicted in $28 Million Solar Farm Investment SchemeRead the Press Release
Christopher B. Warren, 49, of Anthony, Florida, was arrested by FBI agents this morning after being charged in a 12-count indictment with mail fraud, wire fraud, securities fraud and money laundering, announced U.S. Attorney Don Cochran of the Middle District of Tennessee.
According to the indictment, Warren was the founder and chief investment officer of Clean Energy Advisers, LLC (“CEA”), a company registered in Wyoming with offices in various locations, including Nashville, Tennessee and Orlando, Florida.
The indictment alleges that beginning in November 2013 and continuing through September 2017, Warren devised and operated a scheme to defraud investors by offering investment opportunities in solar farm projects purportedly owned by CEA. Warren made false misrepresentations to investors that CEA owned several solar farms and made millions of dollars selling solar energy to utility companies, knowing at the time that CEA had no earnings, no profits and had no contracts with utility companies. Warren also provided investors with a list of solar farms purportedly owned by CEA, many of which did not exist and others that were actually owned by other entities.
During the course of this scheme, the indictment alleges that Warren took several steps to conceal and disguise the scheme, including placing the seals of insurance companies on investor materials to represent that the solar farms were insured against disasters; creating bogus audit reports to be circulated to investors; and using payments from later investors to create distribution payments which falsely represented earnings from the solar projects.
Finally, the indictment alleges that Warren raised approximately $28 million from investors, misappropriated a significant portion of those funds, including using almost $7 million for the personal benefit of himself and family members, and caused investors to lose more than $15 million.
If convicted, Warren faces up to 20 years in prison on each fraud count and up to 10 years in prison for money laundering.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Stephanie N. Toussaint.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Ashland City Woman Sentenced to Four Years in Federal Prison for Credit Card Fraud SchemeRead the Press Release
Samantha Jean Thompson, 39, of Ashland City, Tennessee, was sentenced Monday to four years in federal prison, to be followed by four years of supervised release, for bank fraud and aggravated identity theft, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. Chief U.S. District Judge Waverly D. Crenshaw, Jr., also ordered Thompson to pay $569,231.78 in restitution.
Thompson was indicted in August 2017 and pleaded guilty to six counts of bank fraud and one count of aggravated identity theft on March 1, 2018.
According to documents filed with the Court, between May 2014 and October 2016, Thompson was employed as the office manager and bookkeeper of Builder's Supply Source, Inc., a cabinetry supply company in Nashville. Thompson admitted that she used her position to make fraudulent charges to American Express credit cards issued to company employees, utilizing the mobile payment application Square, Inc. Thompson renamed her account with Square to closely resemble the name of a legitimate vendor and then used Square to process cash transfers to her personal bank account. During the execution of this scheme, Thompson made fraudulent transfers 289 times that totaled more than $500,000.
According to testimony at the sentencing hearing, Builder’s Supply Source participates in area Re-entry initiatives and employs persons being released from prison. The future of all employees was placed into jeopardy when the company was almost bankrupted by Thompson’s actions. The scheme was uncovered after Christmas bonuses were paid and the bank notified the company that there was insufficient funds in their account.
This case was investigated by the Federal Bureau of Investigation and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Siji Moore prosecuted the case.
Former Nashville Metro Police Sergeant Pleads Guilty to Federal Theft and Money Laundering ChargesRead the Press Release
Former Nashville Metropolitan Police Department (MNPD) Sergeant James Dunaway pleaded guilty today in U.S. District Court to theft from an entity that receives federal program funds and money laundering, announced U.S. Attorney Don Cochran of the Middle District of Tennessee.
Dunaway, 43, of Old Hickory, Tennessee, was indicted by a federal grand jury on May 2, 2018.
According to the indictment, during the period of November 18, 2015 through November 16, 2017, Dunaway was a supervisor in the MNPD Specialized Investigation Division-Narcotics Unit and was responsible, among other things, for monitoring and executing search warrants.
Dunaway admitted during the plea hearing that during the execution of search warrants on five separate occasions, he stole a portion of the cash discovered and seized at each location, including:
The November 18, 2015 search of a residence off Pleasant Hill Road in Nashville, where more than $100,000 was seized;
The April 10, 2017 search of a residence off Robertson Road in Nashville, where more than $500,000 was seized;
The April 26, 2017 search of a residence off Pleasant Hill Road in Nashville, where more than $182,000 was seized;
The September 13, 2017 search of a residence off Spencer Enclave Way in Nashville, where more than $70,000 was seized; and
The November 15, 2017 search of a hotel room in which the MNPD Office of Professional Accountability had placed marijuana, $28,000 cash and video cameras for the purpose of conducting an integrity check. Video cameras captured Dunaway placing money in his pockets during the search and the indictment alleges that Dunaway stole $5,860.00 during the execution of this search warrant.
Dunaway also admitted that between April 11, 2017 and May 8, 2017, he made approximately $40,540.00 in cash deposits and on May 1, 2017, he obtained a cashier’s check with $42,500.00 cash, which he stole during the searches. Dunaway then used the cashier’s check to purchase a 2014 Toyota Sequoia.
Dunaway admitted that during the course of this scheme, he embezzled, stole and converted approximately $109,910.00 to his own use.
The plea agreement calls for the immediate forfeiture of the 2014 Toyota Sequoia and total restitution in the amount of $109,910.00.
Dunaway faces up to 10 years in prison and a $250,000 fine when he is sentenced on October 24, 2018.
This case was investigated by the FBI and the Metropolitan Nashville Police Department. U.S. Attorney Don Cochran and Assistant U.S. Attorney Ryan Raybould are prosecuting the case.
Two Additional Members and Associates of Tennessee Mongols Motorcycle Gang Charged with Crimes Related to Racketeering Conspiracy, Murder, Kidnapping and Drug TraffickingRead the Press Release
A 75-count, third-superseding indictment was returned by a federal grand jury in Nashville, Tennessee on June 29 and unsealed Friday, charging 21 members and associates of the Clarksville, Tennessee chapter of the Mongols Motorcycle Gang with various federal crimes, including racketeering conspiracy, murder in aid of racketeering, attempted murder, kidnapping, robbery, large-scale drug trafficking, and other crimes, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Don Cochran of the Middle District of Tennessee.
On Jan. 18, a 54-count superseding indictment charged 15 members and associates of the Clarksville Mongols with racketeering conspiracy, murder, drug trafficking and other related crimes. On March 7, a 64-count second-superseding indictment charged four additional defendants with the kidnapping and murder of Stephen Cole, an estranged former member of the Mongols. The indictments detail allegations of violent, criminal activity and drug trafficking in and around the Clarksville area beginning in or about March 2015 and continuing until the return of the indictments.
The latest indictment charges two additional associates of the Clarksville Mongols with drug trafficking conspiracy, money laundering, interstate travel in aid of racketeering, tampering with the grand jury investigation by removing and concealing evidence, false statements to law enforcement, and accessory after the fact for the kidnapping and murder of Stephen Cole. The two additional defendants are Janie Lee, 22, of Owensboro, Kentucky, and Jessie Marie Decker, 33, of Trenton, Kentucky. Lee will have her initial court appearance this afternoon before U.S. Magistrate Judge H. Brent Brennenstuhl in the Western District of Kentucky and Decker will have her initial court appearance this afternoon before U.S. Magistrate Judge Alistair E. Newbern in the Middle District of Tennessee.
This indictment charges Lee with conspiracy to distribute large-scale quantities of methamphetamine, distribution and possession with intent to distribute methamphetamine, interstate travel in aid of racketeering, and money laundering.
Decker is charged along with previously-indicted defendant William Nelper aka “Flip,” 50, of Clarksville, with conspiracy to distribute and possession with intent to distribute marijuana, tampering with the grand jury investigation, and use of a firearm in relation to a drug trafficking crime. Decker is separately charged with making false statements to law enforcement relating to the kidnapping and murder of Cole and as an accessory after the fact to the kidnapping.
The third-superseding indictment also brings additional charges against other previously- indicted defendants. Robert Humiston aka “Bric,” 25, of Dover, is charged with possession of a short-barreled rifle in violation of the National Firearms Act (NFA) and with failure to register the firearm as required by the NFA. Christopher Wilson, 35, of Clarksville, is charged with two counts of being a felon in possession of a firearm, drug trafficking conspiracy and possession with intent to distribute several different controlled substances, possession with intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; the Clarksville Police Department; the Tennessee Bureau of Investigation; and the Kentucky State Police. Trial Attorney Robert Tully of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Katy Risinger of the Middle District of Tennessee are prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.