Middle District of Tennessee
Press releases recorded for this federal judicial district.
Texas Man Arrested and Charged with Making Threats to Kill Nashville District Attorney Glenn FunkRead the Press Release
NASHVILLE –A federal criminal complaint filed today charges David Aaron Bloyed, 59, of Frost, Texas, with threatening to lynch and kill Glenn Funk, the elected District Attorney General (“DA”) for Nashville and Davidson County, Tennessee, announced United States Attorney for the Middle District of Tennessee Henry C. Leventis.
According to the complaint, on July 14, 2024, members of the Goyim Defense League (“GDL”) – an antisemitic Neo-Nazi group – were protesting in downtown Nashville when they encountered an employee of a local bar. A fight broke out and a GDL member was arrested and charged with aggravated assault for hitting the bar employee repeatedly using a metal flagpole with a swastika flag affixed to the top.
While in Nashville, GDL members routinely posted about their activities on various social media platforms, including Telegram. Following the arrest of the GDL member, a Telegram user associated with GDL posted threats against DA Funk that included a photograph of DA Funk with the caption, “Getting the rope,” and an emoji finger pointed towards Funk’s image. The posts also included a photograph of a person hanging by the neck from a gallows, with the phrases, “The ‘Rope List’ grew by a few more Nashville jews today,” and “Will you survive the day of the rope?” Law enforcement subsequently identified another social media account with an almost identical username, belonging to Bloyed and containing threats nearly identical to those posted on the Telegram account.
“In a functioning democracy, we simply cannot tolerate threats of violence against elected officials,” said United States Attorney Henry C. Leventis. “The charges announced today are just the latest illustration of the Department’s commitment to protecting public servants and upholding the rule of law.”
If convicted, Bloyed faces up to five years in federal prison. This case is being investigated by the Federal Bureau of Investigation, Nashville Resident Agency, Memphis Field Office and the Metropolitan Nashville Police Department.
A federal complaint is merely an allegation. The defendant is presumed innocent until proven guilty.
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Nashville Man Charged with Federal Firearms Offense Following Gunfire Outside the Soho LoungeRead the Press Release
NASHVILLE – A federal grand jury has returned an indictment charging Erik Dewaun Williams, 25, of Nashville with being a felon in possession of a firearm, announced United States Attorney Henry C. Leventis for the Middle District of Tennessee.
According to publicly available information, in the early morning hours of April 14, 2024, Metro Nashville Police TITANS (The Investigative Team Addressing Neighborhood Shootings) detectives were in the Bell Road area when a person called 911 to report that people were arguing while armed with guns. Detectives immediately went to the scene. Shortly after arrival, detectives heard gunfire and saw Williams firing a pistol. When he saw the detectives, Williams began to run away. Officers followed and Williams threw the gun down during the chase. Detectives quickly caught Williams and arrested him. At the time of his arrest, Williams had previously been convicted of felonies in Rutherford and Sumner Counties, and he was on bond on state gun charges.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Metropolitan Nashville Police Department.
Assistant United States Attorney Nicholas J. Goldin is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is merely an allegation. The defendant is presumed innocent until proven guilty.
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Former Tennessee State Public Official and a Corporate Executive Charged with Conspiracy to Obstruct Justice and Commit Perjury in Connection with a $123 Million State ContractRead the Press Release
NASHVILLE – Wesley Olan Landers, 55, of Cumming, Georgia, and Jeffrey Scott Wells, 54, of Canton, Georgia, have been charged by felony information with conspiracy to obstruct justice and to commit perjury in connection with a $123 million contract to provide behavioral health services to Tennessee Department of Corrections (“TDOC”) inmates, announced Thomas J. Jaworski, Acting United States Attorney for the Middle District of Tennessee.
According to the information, Landers was the Deputy Commissioner and Chief Financial Officer for TDOC from 2012 until March 2020. From at least 2018 until February 2021, Wells was a Vice President of Company B.
In 2019, Company A provided behavioral health services to TDOC inmates. In anticipation of the contract’s expiration, the State of Tennessee issued Requests for Proposals (“RFP”) for a new TDOC behavioral health services contract. Pursuant to the RFPs, prospective vendors could bid for the new contract. The State received bids from several prospective vendors and, in July 2020, issued a notice of its intent to award the new contract to Company B in Tennessee. The total amount for the new contract was $123,513,819.
Before the new contract was awarded, from September 2018 until February 2020, Landers (while serving as a Tennessee State official) used his personal email account to provide confidential TDOC information related to the bidding process to Wells. On March 1, 2020, Company B hired Landers as its Vice President of Operations, reporting to Wells. This position was created specifically for Landers; it was not advertised to other candidates and neither Landers nor any other candidates were interviewed before he was hired. By February 2021, senior leadership of Company B learned that Landers had given confidential TDOC information to Wells in connection with the RFPs, and the CEO of Company B fired them both.
A few months earlier, in October 2020, Company A filed a civil lawsuit relating to the RFPs in federal court in Nashville, naming among others, Company B and the State of Tennessee as defendants. In that lawsuit, Company A served subpoenas for documents and testimony on Landers and Wells for all their communications with TDOC employees related to the RFPs.
To impede an investigation into a matter within the FBI’s jurisdiction – namely, bribery – and to conceal that Landers gave confidential TDOC information to Wells about the RFPs, Landers and Wells agreed to engage in a cover up and to commit perjury in the federal civil lawsuit. Landers began using a specialized program to delete his personal email account’s communications with Wells that were sought in the subpoena. Landers and Wells both got new cell phones which they used to discuss the need to hide information in response to Company A’s subpoenas and deposition notices. They also both testified falsely under oath in their depositions, including about whether they shared documents related to the RFPs, when they last spoke, and if they communicated on WhatsApp.
If convicted, both defendants face up to five years in federal prison.
This case was investigated by the Federal Bureau of Investigation, Memphis Field Office, Nashville Resident Agency. Assistant U.S. Attorneys Taylor J. Phillips and M. Scott Cole are prosecuting the case.
An information is merely an accusation. All defendants are considered innocent until proven guilty.
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United States Files Suit Against Pain Institute of Nashville, Michael Cox, Debbie Cox, and Related EntitiesRead the Press Release
NASHVILLE – The United States today filed a complaint in intervention alleging violations of the False Claims Act by Clarksville Pain Institute, LLC, Pain Institute of Nashville, PLC, Michael Cox, and Debbie Cox, announced Acting U.S. Attorney Thomas J. Jaworski for the Middle District of Tennessee. The complaint also includes the common law claims of unjust enrichment and payment by mistake.
As set forth in detail in the 70-page complaint, since at least 2014, these pain clinics and the Coxes violated the False Claims Act by knowingly submitting or causing to be submitted false claims for diagnostic testing services provided to patients that were not medically necessary, including urine drug screens, allergy tests, and psychological tests.
The complaint alleges that the defendants pressured staff at their Clarksville pain management clinic to bill for more testing than was medically necessary, that the practice routinely tested patients’ urine and did not review the results, and that the practice operated multiple schemes to maximize testing profits from different kinds of diagnostic testing. Moreover, the complaint alleges that the defendants ignored multiple warnings from consultants, auditors, and insurers that their billing practices did not comport with Medicare requirements. Furthermore, the complaint alleges that patients described being treated like cattle at the clinic, spending minutes with providers, and receiving unnecessary testing that was pushed on patients if they wanted to receive their pain medications.
The government began investigating the wrongdoing alleged in today’s complaint in response to a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery.
The matter is being investigated by the Department of Health and Human Services, Office of Inspector General, and the Department of Veterans Affairs, Office of Inspector General. Assistant U.S. Attorney Michael Tackeff represents the United States.
The claims alleged by the United States are allegations only, and there has been no determination of liability. The lawsuit is captioned United States ex. rel. Krista Nicholson, et al. v. Clarksville Pain Institute, LLC, et al., Case No. 3:20-cv-00309 (M.D. Tenn.).
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Two Nashville Men Convicted of Federal Ammunition Charges Following Shooting at Car WashRead the Press Release
NASHVILLE – Elbert Bryant Gleaves, 29, and Corey Monte Pickett, 35, both of Nashville, Tennessee, were found guilty by a federal jury of possession of ammunition after having previously been convicted of a felony, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee.
The evidence presented at trial showed that on March 18, 2021, defendant Corey Pickett was at the Camel Carwash on Doverside Drive near Dickerson Pike with two other men. Defendant Gleaves drove to the carwash, exited his car wearing a mask, and began shooting at Pickett and the others. After firing nine rounds, Gleaves backed his car out of an entry area, breaking the carwash’s mechanical arm, then fled the scene. Pickett and another man chased Gleaves, running into the adjacent parking lot, while shooting at Gleaves’ car. A passenger in a car sitting at a traffic light on Dickerson Pike was struck in the left upper arm by a bullet from the shootout and critically injured.
“These defendants’ reckless disregard for human life resulted in the serious injury of an innocent bystander and placed many others at risk,” said United States Attorney Henry C. Leventis. “As a result of the excellent work of our law enforcement partners and our trial team, they can now be held accountable.”
At sentencing, Gleaves and Corey Pickett face up to 10 years in federal prison.
A co-defendant in this case, Dezzion Pickett, previously pled guilty to being a felon in possession of a firearm and ammunition as well as drug charges and is scheduled to be sentenced on September 19, 2024. Dezzion Pickett faces 70-87 months in federal prison.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Metropolitan Nashville Police Department. Assistant U.S. Attorneys Rachel M. Stephens and Kathryn D. Risinger are prosecuting the case.
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Chattanooga Man Sentenced to 60 Months in Prison for Defrauding Elderly Widow with Dementia of $1.2 MillionRead the Press Release
NASHVILLE – Karl Hampton, 65, of Chattanooga, Tennessee, was sentenced to 60 months in prison, followed by 3 years of supervised release, and ordered to pay over $1.2 million in restitution for executing a scheme to defraud an elderly widow who had dementia, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee.
Hampton and his wife Deborah, both formerly of Franklin, Tennessee, were indicted in June 2021 on multiple counts of conspiracy and money laundering and Karl Hampton was also charged with eight counts of wire fraud. After a week-long jury trial in April 2023, Karl Hampton was convicted on all counts.
At trial, the evidence showed that Karl Hampton met the 86-year-old widow while he was working as an exterminator for a pest control company based in Nashville. Between January 2018 and February 2020, Karl Hampton tricked the woman into believing that he would care for her personally and financially. Hampton held himself out to the woman and others as her “personal representative,” her “son” or “godson,” and pretended that he was acting on her behalf. In April 2019, Hampton convinced her to sign over her Power of Attorney and to name him in her Revocable Living Trust and in her will. He then methodically drained the woman’s bank accounts, took out a $500,000 line of credit in her name, and amassed huge charges on her credit cards for his own personal expenses.
Some of the funds Hampton stole came from two investment accounts that belonged to the estate of the woman’s deceased sister. Those funds were supposed to be split between the woman and another individual. Instead, Hampton transferred the funds to himself.
In total, Hampton took more than $1.2 million. from the woman’s accounts in the form of checks, cashier’s checks, and bank transfers, cash withdrawals, and using the woman’s credit card for his own benefit. Hampton frequently purchased luxury items, including a car and a luxury SUV, and a 4.3-karat diamond ring that cost more than $21,000. Hampton often spent over $1,000 per day in cash buying lottery tickets.
Deborah Hampton pleaded guilty to one count of money laundering on February 13, 2023. She was sentenced to time served, 3 years of supervised release, and ordered to pay restitution in the amount of $21,000.
This case was investigated by the Federal Bureau of Investigation, Memphis Field Office, Nashville Resident Agency. Assistant U.S. Attorney Kathryn Booth prosecuted the case.
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Arizona Man Arrested at Nashville International Airport and Charged with Possession of over 50 Pounds of Fentanyl-Laced PillsRead the Press Release
NASHVILLE –A criminal complaint obtained today charges Yusef Ibn Abdul Jabbar Hunter, 23, of Phoenix, Arizona, with possession of fentanyl with the intent to distribute, announced United States Attorney for the Middle District of Tennessee Henry C. Leventis.
According to the complaint, on September 5, 2024, Drug Enforcement Administration (DEA) agents in Nashville learned the defendant was flying from Phoenix, Arizona to Nashville, that he made his travel arrangements shortly before the flight and that he had checked luggage that may contain illegal drugs. Once the plane landed, a trained drug detection dog alerted on the defendant’s luggage. Thereafter, the defendant consented to a search of his luggage and agents found hundreds of blue pills stamped with “M30” markings designed to make them look like prescription Oxycodone. A field test confirmed the presence of fentanyl. In total, the pills weighed over 50 pounds.
“This seizure is a testament to the continued vigilance of the DEA and local law enforcement and the great work they are doing every day to protect our communities,” said United States Attorney Henry Leventis. “However, it is also a frightening reminder of the prevalence of counterfeit pills that can be laced with fentanyl or other dangerous drugs and of the need for people to purchase prescription drugs from licensed vendors to ensure their safety.”
If convicted, Hunter faces a mandatory minimum sentence of 10 years with the possibility of life in federal prison.
This case is being investigated by the DEA and the Nashville International Airport Police Department. Assistant U.S. Attorney Robert E. McGuire is prosecuting the case.
A federal complaint is merely an allegation. The defendant is presumed innocent until proven guilty in a court of law.
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Justice Department Announces Civil Rights Investigation into Conditions at Tennessee’s Trousdale Turner Correctional CenterRead the Press Release
The Justice Department announced today that it has opened an investigation into the conditions at Trousdale Turner Correctional Center, a Tennessee Department of Correction facility operated by the private correctional management company CoreCivic. Trousdale Turner, located approximately an hour outside of Nashville, is Tennessee’s largest correctional facility.
Based on an extensive review of publicly available information and information gathered from stakeholders, the department has found significant justification to open this investigation, including state audits that have flagged dangerous understaffing and safety concerns since Trousdale Turner first opened in 2016. The investigation will examine whether Tennessee protects those incarcerated at Trousdale Turner from harm, including physical violence and sexual abuse.
“People are incarcerated at Trousdale Turner as punishment for their crimes, but in our legal system, punishment does not and cannot include violence and sexual abuse,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is launching this comprehensive investigation to determine if there are systemic constitutional violations regarding the treatment of people in this privately-run correctional facility. We are committed to protecting the constitutional rights of people held inside jails and prisons across our country.”
“Publicly available information suggests that Trousdale Turner has been plagued by serious problems since it first opened its doors,” said United States Attorney Henry C. Leventis. “This includes reports of staffing shortages, physical and sexual assaults, murders, and a 188% turnover rate among prison guards just last year. Although CoreCivic owns and operates Trousdale, the State of Tennessee is ultimately responsible for the safety of the people incarcerated there. This investigation seeks to determine whether Tennessee is meeting its constitutional obligations.”
The Justice Department notified State officials of the investigation earlier today and pledged that the department will work cooperatively with them in conducting the investigation and identifying solutions to any problems that are uncovered.
The department has not reached any conclusions regarding the allegations in this matter. The investigation will be conducted under the Civil Rights of Institutionalized Persons Act. This statute gives the department the authority to investigate systemic violations of the rights of individuals in institutional settings, including prisons.
The Civil Rights Division’s Special Litigation Section is conducting this investigation jointly with the U.S. Attorney’s Office for the Middle District of Tennessee. Individuals with relevant information are encouraged to contact the department via phone at 888-392-7031 or by email at [email protected].
Additional information about the Civil Rights Division’s work regarding correctional facilities is available on its website at www.justice.gov/crt/rights-persons-confined-jails-and-prisons.
Justice Department Announces Civil Rights Investigation into Conditions at Tennessee's Trousdale Turner Correctional CenterRead the Press Release
NASHVILLE – United States Attorney for the Middle District of Tennessee Henry C. Leventis and Assistant Attorney General Kristin Clarke of the Justice Department’s Civil Rights Division announced today that the Justice Department has opened an investigation into the conditions at Trousdale Turner Correctional Center, a Tennessee Department of Correction facility operated by the private correctional management company CoreCivic. Trousdale Turner, located approximately an hour outside of Nashville, is Tennessee’s largest correctional facility.
Based on an extensive review of publicly available information and information gathered from stakeholders, the department has found significant justification to open this investigation, including state audits that have flagged dangerous understaffing and safety concerns since Trousdale Turner first opened in 2016. The investigation will examine whether Tennessee protects those incarcerated at Trousdale Turner from harm, including physical violence and sexual abuse.
“Publicly available information suggests that Trousdale Turner has been plagued by serious problems since it first opened its doors,” said United States Attorney Henry C. Leventis. “This includes reports of staffing shortages, physical and sexual assaults, murders, and a 188% turnover rate among prison guards just last year. Although CoreCivic owns and operates Trousdale, the State of Tennessee is ultimately responsible for the safety of the people incarcerated there. This investigation seeks to determine whether Tennessee is meeting its constitutional obligations.”
“People are incarcerated at Trousdale Turner as punishment for their crimes, but in our legal system, punishment does not and cannot include violence and sexual abuse,” said Assistant Attorney General Kristen Clarke. “The Justice Department is launching this comprehensive investigation to determine if there are systemic constitutional violations regarding the treatment of people in this privately-run correctional facility. We are committed to protecting the constitutional rights of people held inside jails and prisons across our country.”
The Justice Department notified State officials of the investigation earlier today and pledged that the department will work cooperatively with them in conducting the investigation and identifying solutions to any problems that are uncovered.
The department has not reached any conclusions regarding the allegations in this matter. The investigation will be conducted under the Civil Rights of Institutionalized Persons Act. This statute gives the department the authority to investigate systemic violations of the rights of individuals in institutional settings, including prisons.
The U.S. Attorney’s Office for the Middle District of Tennessee is conducting this investigation jointly with the Civil Rights Division’s Special Litigation Section. Individuals with relevant information are encouraged to contact the department via phone at 888-392-7031 or by email at [email protected].
Additional information about the Civil Rights Division’s work regarding correctional facilities is available on its website at www.justice.gov/crt/rights-persons-confined-jails-and-prisons.
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Clarksville Man Indicted on Robbery and Weapons Charges After Robbing, Beating and Raping Three Women at Clarksville MotelsRead the Press Release
NASHVILLE – Kenneth Moore, 45, of Clarksville, Tennessee, has been charged with robbing three women in Clarksville, Tennessee, brandishing a weapon during the robberies, and being a felon in possession of a firearm, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee.
Charging documents and other publicly available information allege that on three separate occasions between October 2023 and February 2024, Moore arranged dates with women in Clarksville and subsequently robbed, raped, beat and pistol whipped them. All three victims were treated for their injuries at local hospitals.
Moore was arrested by Clarksville Police Department officers on February 29, 2024. He was indicted by a federal grand jury in the Middle District of Tennessee on July 17, 2024, and had his initial appearance in federal court in Nashville on August 16, 2024.
If convicted, Moore faces a mandatory minimum of 7 years and up to life in federal prison on the weapons charges, up to 20 years on the robbery charges, and up to 15 years on the felon in possession of a firearm charge. If Moore is determined to be an armed career criminal, he faces between 15 years and life in prison.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Clarksville Police Department. Assistant U.S. Attorneys Kathryn Risinger and Monica R. Morrison are prosecuting the case.
An indictment is merely an accusation. The defendant is considered innocent until proven guilty in a court of law.
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U.S. Army Intelligence Analyst Pleads Guilty to Charges of Conspiracy to Obtain and Disclose National Defense Information, Export Control Violations and BriberyRead the Press Release
NASHVILLE – Korbein Schultz, a U.S. Army soldier and intelligence analyst, pleaded guilty today to all charges against him in the indictment returned by a federal grand jury in March 2024 charging him with conspiracy to obtain and disclose national defense information, exporting technical data related to defense articles without a license, conspiracy to export defense articles without a license, and bribery of a public official, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee, and Assistant Attorney General Matthew G. Olsen of the National Security Division.
“This defendant sold national defense information to a foreign actor and conspired to corrupt other members of our military,” said United States Attorney Henry C. Leventis. “In doing so, he violated his training and his oath as a member of the armed services and he compromised our national security. Today’s guilty plea to all of the charges in the indictment ensures that he will be held fully accountable for his crimes.”
“The defendant abused his access to restricted government systems to sell sensitive military information to a person he knew to be a foreign national,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “By conspiring to transmit national defense information to a person living outside the United States, this defendant callously put our national security at risk to cash in on the trust our military placed in him. Today’s guilty plea is a stark reminder that those who would betray their sworn oath for personal gain will be identified and brought to justice.”
“The defendant has admitted guilt in a case that should send a strong message to any U.S. service members thinking about betraying their country,” said Executive Assistant Director Robert Wells of the FBI’s National Security Branch. “The U.S. is governed by the rule of law and when persons, placed in a position of trust violate that trust, the FBI and our partners will hold them accountable. Governments like China are aggressively targeting our military personnel and national security information and we will do everything in our power to ensure that information is safeguarded from hostile foreign governments.”
“This Soldier swore an oath to faithfully discharge his duties, to include protecting national defense information. Not only did he fail in his sworn duty, but he placed personal gain above his duty to our country and disclosed information that could give advantage to a foreign nation, putting his fellow Soldiers in jeopardy,” said Brigadier General Rhett R. Cox, Commanding General of the Army Counterintelligence Command. “Army Counterintelligence Command, with our partners at the FBI, Department of Justice, and the greater intelligence community, will ruthlessly pursue those who commit acts such as these. Let this case serve as a warning: if any member of the Army, past or present, is asked for classified or sensitive information, they should report it to the appropriate authorities within 24 hours or be held fully accountable for their inaction.”
According to charging and plea documents, Schultz – an enlisted intelligence analyst in the United States Army who held a Top Secret//Sensitive Compartmented Information (“TS//SCI”) security clearance – conspired with an individual who lived in Hong Kong and who Schultz suspected of being associated with the Chinese Government (“Conspirator A”) to collect national defense information, including classified information and export-controlled technical data related to U.S. military weapons systems, and to transmit that information to Conspirator A in exchange for money. Schultz entered into this conspiracy even though, as part of his official duties in the Army, he was required (1) to protect national defense information, classified information, and controlled unclassified information (“CUI”); (2) to train other members of his unit on the proper handling, storage, and dissemination of classified information and information marked CUI; and (3) to report suspicious incidents, including attempts by anyone without authorization to receive classified or sensitive information about U.S. military operations, organizations, equipment, or personnel.
During the conspiracy, Conspirator A told Schultz the specific information that Conspirator A wanted Schultz to gather and send to him, including sensitive information related to missile defense and mobile artillery systems. Before he was arrested, Schultz sent Conspirator A dozens of sensitive and restricted (but unclassified) U.S. military documents regarding a variety of U.S. military weapons systems and U.S. military tactics and strategy, including documents containing export-controlled technical data. Among the items that Schultz collected and transmitted to Conspirator A were: (1) a document discussing the lessons learned by the United States Army from the Ukraine/Russia war that it would apply in a defense of Taiwan; (2) an operations order outlining the deployment of the defendant’s unit to Eastern Europe in support of NATO operations; (3) an Air Force Tactics, Techniques, and Procedures (“AFTTP”) document relating to the HH-60 helicopter, which included a banner warning that the document contained technical data subject to export controls; (4) an AFTTP manual relating to the F-22A fighter aircraft, which included a banner warning that the document contained technical data subject to export controls; (5) an AFTTP manual relating to the operation of Intercontinental Ballistic Missile systems, which included a banner warning that the document contained technical data subject to export controls; (6) a publication related to the U-2 reconnaissance aircraft; (7) a document describing modifications of the B-52 aircraft; (8) documents describing tactics to counter unmanned aircraft systems and the use of unmanned aircraft systems in large-scale combat operations; (9) documents relating to Chinese military tactics, the Chinese military’s preparedness, and the People’s Liberation Army Rocket Force; (10) documents relating to rocket, missile, and artillery weapons systems, including the High Mobility Artillery Rocket System (“HIMARS”) and the Terminal High Altitude Area Defense (“THAAD”) missile defense system; (11) documents relating to military exercises and U.S. military forces in the Republic of Korea and the Philippines; and (12) a document relating to U.S. military satellites. In exchange for all of this information, Schultz was paid approximately $42,000 by Conspirator A.
Sentencing is scheduled for Jan. 23, 2025. Schultz faces a maximum penalty of 10 years in prison for conspiracy to obtain and transmit national defense information; 20 years in prison for exporting technical data related to defense articles to the People’s Republic of China without a license; 20 years in prison for conspiracy to violate the Arms Export Control Act and the International Traffic in Arms Regulations ("ITAR"); and 15 years in prison for bribery of a public official. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI and the U.S. Army Counterintelligence Command investigated the case.
Assistant U.S. Attorney Josh Kurtzman for the Middle District of Tennessee and Trial Attorneys Adam Barry and Christopher Cook of the National Security Division’s Counterintelligence and Export Control Section prosecuted the case.
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U.S. Army Intelligence Analyst Pleads Guilty to Charges of Conspiracy to Obtain and Disclose National Defense Information, Export Control Violations and BriberyRead the Press Release
Korbein Schultz, a U.S. Army soldier and intelligence analyst, pleaded guilty today to all charges against him in the indictment returned by a federal grand jury in March 2024 charging him with conspiracy to obtain and disclose national defense information, exporting technical data related to defense articles without a license, conspiracy to export defense articles without a license, and bribery of a public official.
“The defendant abused his access to restricted government systems to sell sensitive military information to a person he knew to be a foreign national,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “By conspiring to transmit national defense information to a person living outside the United States, this defendant callously put our national security at risk to cash in on the trust our military placed in him. Today’s guilty plea is a stark reminder that those who would betray their sworn oath for personal gain will be identified and brought to justice.”
“This defendant sold national defense information to a foreign actor and conspired to corrupt other members of our military,” said U.S. Attorney Henry C. Leventis for the Middle District of Tennessee. “In doing so, he violated his training and his oath as a member of the armed services and he compromised our national security. Today’s guilty plea to all of the charges in the indictment ensures that he will be held fully accountable for his crimes.”
“The defendant has admitted guilt in a case that should send a strong message to any U.S. service members thinking about betraying their country,” said Executive Assistant Director Robert Wells of the FBI’s National Security Branch. “The U.S. is governed by the rule of law and when persons placed in a position of trust violate that trust, the FBI and our partners will hold them accountable. Governments like China are aggressively targeting our military personnel and national security information and we will do everything in our power to ensure that information is safeguarded from hostile foreign governments.”
“This Soldier swore an oath to faithfully discharge his duties, to include protecting national defense information. Not only did he fail in his sworn duty, but he placed personal gain above his duty to our country and disclosed information that could give advantage to a foreign nation, putting his fellow Soldiers in jeopardy,” said Brigadier General Rhett R. Cox, Commanding General of the Army Counterintelligence Command. “Army Counterintelligence Command, with our partners at the FBI, Department of Justice, and the greater intelligence community will ruthlessly pursue those who commit acts such as these. Let this case serve as a warning: if any member of the Army, past or present, is asked for classified or sensitive information, they should report it to the appropriate authorities within 24 hours or be held fully accountable for their inaction.”
According to charging and plea documents, Schultz – an enlisted intelligence analyst in the U.S. Army who held a Top Secret/Sensitive Compartmented Information (TS/SCI) security clearance – conspired with an individual who lived in Hong Kong and whom Schultz suspected of being associated with the Chinese Government (Conspirator A) to collect national defense information, including classified information and export-controlled technical data related to U.S. military weapons systems, and to transmit that information to Conspirator A in exchange for money. Schultz entered into this conspiracy even though, as part of his official duties in the Army, he was required (1) to protect national defense information, classified information, and controlled unclassified information (CUI); (2) to train other members of his unit on the proper handling, storage and dissemination of classified information and information marked CUI; and (3) to report suspicious incidents, including attempts by anyone without authorization to receive classified or sensitive information about U.S. military operations, organizations, equipment, or personnel.
During the conspiracy, Conspirator A told Schultz the specific information that Conspirator A wanted Schultz to gather and send to him, including sensitive information related to missile defense and mobile artillery systems. Before he was arrested, Schultz sent Conspirator A dozens of sensitive and restricted (but unclassified) U.S. military documents regarding a variety of U.S. military weapons systems and U.S. military tactics and strategy, including documents containing export-controlled technical data. Among the items that Schultz collected and transmitted to Conspirator A were: (1) a document discussing the lessons learned by the U.S. Army from the Ukraine/Russia war that it would apply in a defense of Taiwan; (2) an operations order outlining the deployment of the defendant’s unit to Eastern Europe in support of NATO operations; (3) an Air Force Tactics, Techniques and Procedures (AFTTP) document relating to the HH-60 helicopter, which included a banner warning that the document contained technical data subject to export controls; (4) an AFTTP manual relating to the F-22A fighter aircraft, which included a banner warning that the document contained technical data subject to export controls; (5) an AFTTP manual relating to the operation of Intercontinental Ballistic Missile systems, which included a banner warning that the document contained technical data subject to export controls; (6) a publication related to the U-2 reconnaissance aircraft; (7) a document describing modifications of the B-52 aircraft; (8) documents describing tactics to counter unmanned aircraft systems and the use of unmanned aircraft systems in large-scale combat operations; (9) documents relating to Chinese military tactics, the Chinese military’s preparedness, and the People’s Liberation Army Rocket Force; (10) documents relating to rocket, missile, and artillery weapons systems, including the High Mobility Artillery Rocket System and the Terminal High Altitude Area Defense missile defense system; (11) documents relating to military exercises and U.S. military forces in the Republic of Korea and the Philippines; and (12) a document relating to U.S. military satellites. In exchange for all of this information, Schultz was paid approximately $42,000 by Conspirator A.
A sentencing hearing is scheduled for Jan. 23, 2025. Schultz faces a maximum penalty of 10 years in prison for conspiracy to obtain and transmit national defense information; 20 years in prison for exporting technical data related to defense articles to the People’s Republic of China without a license; 20 years in prison for conspiracy to violate the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR); and 15 years in prison for bribery of a public official. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI and U.S. Army Counterintelligence Command are investigating the case.
Assistant U.S. Attorney Josh Kurtzman for the Middle District of Tennessee and Trial Attorneys Adam Barry and Christopher Cook of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
Justice Department Disrupts North Korean Remote IT Worker Fraud Schemes Through Charges and Arrest of Nashville FacilitatorRead the Press Release
Matthew Isaac Knoot, 38, of Nashville, Tennessee, was arrested today for his efforts to generate revenue for the Democratic People’s Republic of Korea’s (DPRK or North Korea) illicit weapons program, which includes weapons of mass destruction (WMD).
The FBI, along with the Departments of State and Treasury, issued a May 2022 advisory to alert the international community, private sector, and public about the North Korea IT worker threat. Updated guidance was issued in October 2023 by the United States and the Republic of Korea (South Korea) and in May 2024 by the FBI, which include indicators to watch for that are consistent with the North Korea IT worker fraud and the use of U.S.-based laptop farms.
According to court documents, Knoot participated in a scheme to obtain remote employment with American and British companies for foreign information technology (IT) workers, who were actually North Korean actors. Knoot allegedly assisted them in using a stolen identity to pose as a U.S. citizen; hosted company laptops at his residences; downloaded and installed software without authorization on such laptops to facilitate access and perpetuate the deception; and conspired to launder payments for the remote IT work, including to accounts tied to North Korean and Chinese actors.
“As alleged, this defendant facilitated a scheme to deceive U.S. companies into hiring foreign remote IT workers who were paid hundreds of thousands of dollars in income funneled to the DPRK for its weapons program,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “This indictment should serve as a stark warning to U.S. businesses that employ remote IT workers of the growing threat from the DPRK and the need to be vigilant in their hiring processes.”
“North Korea has dispatched thousands of highly skilled information technology workers around the world to dupe unwitting businesses and evade international sanctions so that it can continue to fund its dangerous weapons program,” said U.S. Attorney Henry C. Leventis for the Middle District of Tennessee. “Today’s indictment, charging the defendant with facilitating a complex, multi-year scheme that funneled hundreds of thousands of dollars to foreign actors, is the most recent example of our office’s commitment to protecting the United States’ national security interests.”
“As today’s charges demonstrate, the FBI will relentlessly pursue those who aid the North Korean government’s illegal efforts to generate revenue,” said Assistant Director Bryan Vorndran of the FBI’s Cyber Division. “Where illicit proceeds may be used to fund the regime’s kinetic capacity, we will prioritize our work to disrupt that flow of money. This indictment should demonstrate the risk faced by those who support the DPRK's malicious cyber activity.”
The DPRK has dispatched thousands of skilled IT workers to live abroad, primarily in China and Russia, with the aim of deceiving U.S. and other businesses worldwide into hiring them as freelance IT workers to generate revenue for its WMD programs. DPRK IT worker schemes involve the use of pseudonymous email, social media, payment platform and online job site accounts, as well as false websites, proxy computers, and witting and unwitting third parties located in the United States and elsewhere. As described in a May 2022 tri-seal public service advisory released by the FBI, the Department of the Treasury, and the Department of State, such IT workers have been known to individually earn up to $300,000 annually, generating hundreds of millions of dollars collectively each year, on behalf of designated entities, such as the North Korean Ministry of Defense and others directly involved in the DPRK’s UN-prohibited WMD programs.
The indictment unsealed today in the Middle District of Tennessee alleges that Knoot participated in a scheme to assist overseas IT workers to obtain remote IT work at U.S. companies which believed that they were hiring U.S.-based personnel. The IT workers, who were North Korean nationals, used the stolen identity of a U.S. citizen, “Andrew M.,” to obtain this remote IT work. The scheme defrauded U.S. media, technology, and financial companies, ultimately causing them hundreds of thousands of dollars in damages.
According to court documents, Knoot ran a “laptop farm” at his Nashville residences between approximately July 2022 and August 2023. The victim companies shipped laptops addressed to “Andrew M.” to Knoot’s residences. Following receipt of the laptops, and without authorization, Knoot logged on to the laptops, downloaded and installed unauthorized remote desktop applications, and accessed the victim companies’ networks, causing damage to the computers. The remote desktop applications enabled the North Korean IT workers to work from locations in China, while appearing to the victim companies that “Andrew M.” was working from Knoot’s residences in Nashville. For his participation in the scheme, Knoot was paid a monthly fee for his services by a foreign-based facilitator who went by the name Yang Di. A court-authorized search of Knoot’s laptop farm was executed in early August 2023.
The overseas IT workers associated with Knoot’s cell were each paid over $250,000 for their work between approximately July 2022 and August 2023, much of which was falsely reported to the Internal Revenue Service and the Social Security Administration in the name of the actual U.S. person, Andrew M., whose identity was stolen. Knoot and his conspirators’ actions also caused the victim companies more than $500,000 in costs associated with auditing and remediating their devices, systems, and networks. Knoot, Di, and others conspired to commit money laundering by conducting financial transactions to receive payments from the victim companies, transfer those funds to Knoot and to accounts outside of the United States, in an attempt both to promote their unlawful activity and to hide that transferred funds were the proceeds of it. The non-U.S. accounts include accounts associated with North Korean and Chinese actors.
Knoot is charged with conspiracy to cause damage to protected computers, conspiracy to launder monetary instruments, conspiracy to commit wire fraud, intentional damage to protected computers, aggravated identity theft and conspiracy to cause the unlawful employment of aliens. If convicted, Knoot faces a maximum penalty of 20 years in prison, including a mandatory minimum of two years in prison on the aggravated identity theft count.
Under the Department-wide “DPRK RevGen: Domestic Enabler Initiative,” launched in March 2024 by the National Security Division and the FBI’s Cyber and Counterintelligence Divisions, Department prosecutors and agents are prioritizing the identification and shuttering of U.S.-based “laptop farms” — locations hosting laptops provided by victim U.S. companies to individuals they believed were legitimate U.S.-based freelance IT workers — and the investigation and prosecution of individuals hosting them. Today’s announcement follows successful action taken by the Department in October 2023 and May 2024, which targeted identical and related conduct.
The FBI is investigating the case.
Assistant U.S. Attorney Josh Kurtzman for the Middle District of Tennessee and Trial Attorney Greg Nicosia of the National Security Division’s Cyber Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Department Disrupts North Korean Remote IT Worker Fraud Schemes Through Charges and Arrest of Nashville FacilitatorRead the Press Release
NASHVILLE – Matthew Isaac Knoot, 38, of Nashville, Tennessee, was charged today for his efforts to generate revenue for the Democratic People’s Republic of Korea’s (DPRK or North Korea) illicit weapons program, which includes weapons of mass destruction (WMD).
According to court documents, Knoot, participated in a scheme to obtain remote employment with American and British companies for foreign information technology (IT) workers, who were actually North Korean actors. Knoot assisted them in using a stolen identity to pose as a U.S. citizen, hosted company laptops at his residences, downloaded and installed software without authorization on such laptops to facilitate access and perpetuate the deception, and conspired to launder payments for the remote IT work, including to accounts tied to North Korean and Chinese actors.
“North Korea has dispatched thousands of highly skilled information technology workers around the world to dupe unwitting businesses and evade international sanctions so that it can continue to fund its dangerous weapons program,” said United States Attorney Henry C. Leventis for the Middle District of Tennessee. “Today’s indictment, charging the Defendant with facilitating a complex, multi-year scheme that funneled hundreds of thousands of dollars to foreign actors, is the most recent example of our office’s commitment to protecting the United States’ national security interests.”
“As alleged, this defendant facilitated a scheme to deceive U.S. companies into hiring foreign remote IT workers who were paid hundreds of thousands of dollars in income funneled to the DPRK for its weapons program,” said Assistant Attorney General Matthew G. Olsen of the National Security Division. “This indictment should serve as a stark warning to U.S. businesses that employ remote IT workers of the growing threat from the DPRK and the need to be vigilant in their hiring processes.”
“As today’s charges demonstrate, the FBI will relentlessly pursue those who aid the North Korean government’s illegal efforts to generate revenue,” said Assistant Director Bryan Vorndran of the FBI’s Cyber Division. “Where illicit proceeds may be used to fund the regime’s kinetic capacity, we will prioritize our work to disrupt that flow of money. This indictment should demonstrate the risk faced by those who support the DPRK's malicious cyber activity.”
The DPRK has dispatched thousands of skilled IT workers to live abroad, primarily in China and Russia, with the aim of deceiving U.S. and other businesses worldwide into hiring them as freelance IT workers to generate revenue for its WMD programs. DPRK IT worker schemes involve the use of pseudonymous email, social media, payment platform and online job site accounts, as well as false websites, proxy computers, and witting and unwitting third parties located in the United States and elsewhere. As described in a May 2022 tri-seal public service advisory released by the FBI, the Department of the Treasury, and the Department of State, such IT workers have been known individually earn up to $300,000 annually, generating hundreds of millions of dollars collectively each year, on behalf of designated entities, such as the North Korean Ministry of Defense and others directly involved in the DPRK’s UN-prohibited WMD programs.
The indictment unsealed today in the Middle District of Tennessee alleges that Knoot participated in a scheme to assist overseas IT workers to obtain remote IT work at U.S. companies which believed that they were hiring U.S.-based personnel. The IT workers, who were North Korean nationals, used the stolen identity of a U.S. citizen, “Andrew M.,” to obtain this remote IT work. The scheme defrauded U.S. media, technology, and financial companies, ultimately causing them hundreds of thousands of dollars in damages.
According to court documents, Knoot ran a “laptop farm” at his Nashville residences between approximately July 2022 and August 2023. The victim companies shipped laptops addressed to “Andrew M.” to Knoot’s residences. Following receipt of the laptops, and without authorization, Knoot logged on to the laptops, downloaded and installed unauthorized remote desktop applications, and accessed the victim companies’ networks, causing damage to the computers. The remote desktop applications enabled the North Korean IT workers to work from locations in China, while appearing to the victim companies that “Andrew M.” was working from Knoot’s residences in Nashville. For his participation in the scheme, Knoot was paid a monthly fee for his services by a foreign-based facilitator who went by the name Yang Di. A court-authorized search of Knoot’s laptop farm was executed in early August 2023.
The overseas IT workers associated with Knoot’s cell were each paid over $250,000 for their work between approximately July 2022 and August 2023, much of which was falsely reported to the Internal Revenue Service and the Social Security Administration in the name of the actual U.S. person, Andrew M., whose identity was stolen. Knoot and his conspirators’ actions also caused the victim companies more than $500,000 in costs associated with auditing and remediating their devices, systems, and networks. Knoot, Di and others conspired to commit money laundering by conducting financial transactions to receive payments from the victim companies, transfer those funds to Knoot and to accounts outside of the United States, in an attempt both to promote their unlawful activity and to hide that transferred funds were the proceeds of it. The non-U.S. accounts include accounts associated with North Korean and Chinese actors.
Knoot is charged with conspiracy to cause damage to protected computers, conspiracy to launder monetary instruments, conspiracy to commit wire fraud, intentional damage to protected computers, aggravated identity theft and conspiracy to cause the unlawful employment of aliens. If convicted, Knoot faces a maximum penalty of 20 years in prison, including a mandatory minimum of two years in prison on the aggravated identity theft count.
Under the Department-wide “DPRK RevGen: Domestic Enabler Initiative,” launched in March 2024 by the National Security Division and the FBI’s Cyber and Counterintelligence Divisions, Department prosecutors and agents are prioritizing the identification and shuttering of U.S.-based “laptop farms” – locations hosting laptops provided by victim U.S. companies to individuals they believed were legitimate U.S.-based freelance IT workers – and the investigation and prosecution of individuals hosting them. Today’s announcement follows successful action taken by the Department in October 2023 and May 2024, which targeted identical and related conduct.
The FBI Memphis Field Office, Nashville Resident Agency is investigating the case.
Assistant U.S. Attorney Josh Kurtzman for the Middle District of Tennessee and Trial Attorney Greg Nicosia of the National Security Division’s Cyber Section are prosecuting the case.
The FBI, along with the Departments of State and Treasury, issued a May 2022 advisory to alert the international community, private sector, and public about the North Korea IT worker threat. Updated guidance was issued in October 2023 by the United States and the Republic of Korea (South Korea) and in May 2024 by the FBI, which include indicators to watch for that are consistent with the North Korea IT worker fraud and the use of U.S.-based laptop farms.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Mt. Juliet Woman Sentenced for Long-Running Theft from Federal Health Care and Disability ProgramsRead the Press Release
NASHVILLE – Cathleen Caraballo, 48, of Mt. Juliet, Tennessee, was sentenced to serve 37 months in federal prison and to pay $575,855.09 in restitution earlier today, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee.
Caraballo previously pleaded guilty to federal wire fraud, health care fraud, and false statement charges. Her crimes stemmed from a long-running identity theft scheme through which Caraballo used a stolen identity to apply for and to obtain government benefits from two government programs, Social Security and Medicare. “This sentence holds the defendant accountable for stealing money from taxpayers and lining her pockets with funds intended for those who rely on Medicare and Social Security,” said United States Attorney Henry C. Leventis. “I commend our law enforcement partners for their tireless efforts to end the defendant’s scheme and to bring her to justice.”
Court documents show that Caraballo fraudulently obtained a state-issued driver’s license using a victim’s name and information, but with Caraballo’s picture. Caraballo then held herself out as the victim. In 2009, Caraballo submitted forms to the Social Security Administration purporting to be the victim and began receiving Social Security Disability Insurance (SSDI) payments in the victim’s name. After receiving SSDI benefits for a year, Caraballo was approved to receive Medicare benefits, and Medicare began paying Caraballo’s health care expenses based on Caraballo’s false claims. For more than a decade, Caraballo received SSDI payments and Medicare paid health care expenses to which she was not entitled. Caraballo’s identity theft scheme began to come to light in 2019, when the victim attempted to apply for government benefits under her own name.
When she was approached by law enforcement investigators, Caraballo lied about her true identity, presented the investigators with fraudulent documents in an attempt to mask the stolen identity, and signed a statement affirming that she was the victim. Following further investigation by law enforcement, Caraballo was confronted by agents and admitted to carrying out the fraud scheme for over a decade. As a result of the scheme, Caraballo obtained $152,913.20 in SSDI payments from the Social Security Administration, and Medicare made payments for Caraballo’s health care in the amount of $422,941.89. As part of her plea agreement, Caraballo agreed to pay restitution of these amounts.
The case was investigated by the U.S. Department of Health and Human Services - Office of Inspector General, and U.S. Social Security Administration, Office of Inspector General. Assistant United States Attorney Chris Suedekum prosecuted the case.
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Arkansas Man Indicted on Child Exploitation ChargesRead the Press Release
NASHVILLE – Daniel Kelly, 32, of Jonesboro, Arkansas, has been indicted on federal child exploitation charges, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee.
Kelly was indicted by a federal grand jury in the Middle District of Tennessee on July 17, 2024, and arrested in Jonesboro, Arkansas, on July 23, 2024. According to publicly available information, in the spring of 2024, the Federal Bureau of Investigation (FBI) began investigating an adult male who was exchanging messages with a minor girl on the social media application, Snapchat. Through its investigation, the FBI identified the Snapchat handle being used by the adult was owned and operated by Kelly. In addition to chatting over Snapchat, Kelly and the minor child exchanged images, including a copy of the minor child’s middle school calendar. As alleged in the indictment, Kelly traveled from Jonesboro, Arkansas to the Middle District of Tennessee twice in October 2023, on dates coinciding with the minor child’s Fall Break. During these trips Kelly had sexual intercourse with the minor child, recorded at least one encounter on his phone, and later sent a copy of this sexually explicit video to the minor child via the internet.
If convicted, Kelly faces a mandatory minimum sentence of 15 years in federal prison.
The case is being investigated by the FBI, Memphis Field Office, Nashville Resident Agency, with valuable assistance from the FBI Little Rock Field Office, Jonesboro Resident Agency.
The case is being prosecuted by Assistant United States Attorneys Robert E. McGuire and Monica R. Morrison.
An indictment is merely an allegation. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Murfreesboro Restaurant Agrees to Pay $352,000 to Settle Allegations it Violated the Americans with Disabilities Act by Discriminating Against Children with Disabilities Just After the Anniversary of the ADARead the Press Release
NASHVILLE – United States Attorney Henry C. Leventis for the Middle District of Tennessee announced today that the United States has reached an agreement with Good Times Restaurants, Inc. to resolve allegations that it violated the Americans with Disabilities Act (“ADA”). Good Times is alleged to have denied service to a group of children who use wheelchairs and their parents who were in Murfreesboro, Tennessee to attend a youth wheelchair basketball tournament. As part of the settlement, Good Times has agreed to pay eight families a sum of $34,000 each, and a civil penalty of $80,000, for a total settlement payment of $352,000.
In addition to monetary relief under the settlement, the agreement also requires Good Times to adopt new ADA compliance measures, including new policies at its restaurants and ADA compliance training for its employees.
The United States alleged that restaurant staff at Bad Daddy’s Burger Bar in Murfreesboro, which is owned by Good Times, refused to seat and serve a group of parents and their minor children who use wheelchairs, claiming that the group was a fire hazard. The families were visiting Murfreesboro to attend a youth wheelchair basketball tournament. The parents offered to sit in separate groups even though the restaurant was less than half full at the time. Multiple other patrons walked out of the restaurant after observing the conduct of the restaurant employees toward the parents and children. After the restaurant refused to seat them, the group ate at another restaurant in Murfreesboro without issue.
“Children using wheelchairs should be able to eat at restaurants just like anybody else,” said United States Attorney Henry C. Leventis. “We are committed to protecting the civil rights of children with disabilities, including the right to be free from discrimination by restaurants and other public accommodations. The settlement announced today does just that for the children denied service by Bad Daddy’s.”
Title III of the ADA prohibits public accommodations, such as restaurants, from discriminating against people on the basis of disability, or their association with an individual with a disability, in the full and equal enjoyment of the goods or services offered.
Assistant United States Attorneys Michael C. Tackeff and Emily Harake in the United States Attorney’s Office for the Middle District of Tennessee investigated the complaint and negotiated the Settlement Agreement in collaboration with the Disability Rights Section of the Justice Department’s Civil Rights Division.
The civil claims settled by this Settlement Agreement are allegations only, and there has been no determination of liability.
The ADA was passed on July 26, 1990, 34 years ago last week. The Act reaffirmed our nation’s commitment to ensuring that people with disabilities have the right to live, work, and full participate in the community alongside their fellow citizens.
More information about the ADA is available at the Justice Department’s toll-free ADA Information line at (800) 514-0301 or (800) 514-0383 (TTY) and via the ADA website at http://www.ada.gov or through contacting the U.S. Attorney’s civil rights hotline at 313-226-9151. ADA complaints may be filed by email to [email protected].
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Local Gymnasium and Landlord Agree to Settle Allegations that They Violated the Americans with Disabilities ActRead the Press Release
NASHVILLE – United States Attorney Henry C. Leventis for the Middle District of Tennessee announced today that the United States has reached agreements with Ryan Stemper; Whole Strength CrossFit Smyrna a/k/a Inner Strength, LLC; Mark Gellner; and MCMM Properties, LLC to settle allegations that a Smyrna CrossFit gymnasium violated Title III of the Americans with Disabilities Act (“ADA”) by failing to remove architectural barriers to accessibility for individuals with disabilities patronizing the gymnasium. As part of the settlements, the parties have agreed to cease using the building as a place of public accommodation. Ryan Stemper and Whole Strength CrossFit Smyrna will pay $10,000 to the complainant who brought this issue to the United States’ attention and will pay a $5,000 civil penalty to the United States. MCMM Properties, LLC and Mark Gellner will pay a $2,000 civil penalty to the United States. Combined, the payments under the settlements will total $17,000.
“We are committed to enforcing the rights of persons with disabilities in Tennessee,” said United States Attorney Henry C. Leventis. “Gyms are classic places of public accommodation, and the ADA applies no matter the size of the gym. Landlords and tenants must be aware of their joint responsibilities under the ADA to remove architectural barriers to accessibility.”
The United States alleged that the gymnasium business, Whole Strength CrossFit Smyrna a/k/a Inner Strength, LLC and its owner, Ryan Stemper, had been aware that the building the business occupied did not have accessible restrooms or an accessible door and failed to remove barriers to accessibility. The complainant alleged that the business had been aware of these issues but failed to act. In addition, the allegations were that the landlord and owner of the building, Mark Gellner and MCMM, LLC, also were aware of the building’s issues and did not remove barriers to accessibility. The ADA applies to both landlord and tenants, though the responsibility for complying with the ADA may be allocated by lease or other contract. 28 C.F.R. § 36.201.
The civil claims settled by this Settlement Agreement are allegations only, and there has been no determination of liability.
The ADA was passed on July 26, 1990, 34 years ago last week. The Act reaffirmed our nation’s commitment to ensuring that people with disabilities have the right to live, work, and fully participate in the community alongside their fellow citizens. Despite the passage of more than three decades, there are still allegations of continued violations of the ADA and denial of rights of persons with disabilities occurring in the United States and in Middle Tennessee.
Assistant U.S. Attorney Mike Tackeff investigated the complaint and negotiated the Settlement Agreement.
For more information on the ADA and to access these publications, visit www.ada.gov or call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD). ADA complaints may be filed by email to [email protected].
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Final Defendant in Drug Trafficking Organization Operating in Maury and Lewis Counties Sentenced to 70 Months in Federal PrisonRead the Press Release
NASHVILLE – Julio Esparza, 47, of Alamo, Texas, was sentenced yesterday to 70 months in federal prison, followed by 5 years of supervised release, and a $1,031,600 money judgment, announced United States Attorney Henry C. Leventis.
In December 2022, Esparza pled guilty to conspiracy to distribute and possess with the intent to distribute cocaine, crack cocaine, methamphetamine, and marijuana. The conviction stems from Esparza’s involvement in a large-scale drug trafficking organization that was responsible for distributing substantial quantities of controlled substances, including cocaine and marijuana, from Texas to Tennessee between 2015 and 2019. Esparza hired his codefendants Freddy Quinones and Jesus Silva to transport the narcotics to Tennessee, and the drugs ended up in the hands or under the control of other codefendants in Tennessee, including Brent Burns, Henry Davis, and Brandon Dailey, who further distributed them within Tennessee. The individuals in Tennessee sent substantial drug proceeds, which Quinones and Silva also transported, back to Esparza in Texas.
The other individuals charged in the indictment with Julio Esparza have all pled guilty and were previously sentenced, as follows:
- Terry Strayhorn, 43, of Columbia, Tennessee, was sentenced to 150 months in prison followed by 8 years of supervised release
- Brent Burns, 40, of Columbia, Tennessee, was sentenced to 120 months in prison followed by 5 years of supervised release
- Derrick Nixon, 55, of Mount Pleasant, Tennessee, was sentenced to 120 months in prison followed by 8 years of supervised release
- Vincent Conner, 40, of Mount Pleasant, Tennessee, was sentenced to 100 months in prison followed by10 years of supervised release
- Tory Hardison, 29, of Pulaski, Tennessee, was sentenced to 100 months in prison followed by 4 years of supervised release
- Tristen Tisby, 32, of Columbia, Tennessee, was sentenced to 84 months in prison followed by 4 years of supervised release
- Samuel Abernathy, 46, of Mount Pleasant, Tennessee, was sentenced to 75 months in prison followed by 4 years of supervised release
- Henry Davis, 44, of Mount Pleasant, Tennessee, was sentenced to 24 months in prison followed by 2 years of supervised release
- Freddy Quinones, 50, of Pembroke, Kentucky, was sentenced to 24 months in prison followed by 3 years of supervised release
- Shanika Odom, 34, of Mount Pleasant, Tennessee, was sentenced to 20 months in prison followed by 2 years of supervised release
- Jesus Silva, 42, of Harlingen, Texas, was sentenced to 15 months in prison followed by 3 years of supervised release
- Carson Lunn, 27, of Rogersville, Alabama, was sentenced to 6 months in prison followed by 3 years of supervised release
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
The case was investigated by the Federal Bureau of Investigation, Memphis Division, Columbia Resident Agency; the Drug Enforcement Administration; the Columbia Police Department; the Hohenwald Police Department; the Spring Hill Police Department; and the Williamson County Sheriff’s Office. Assistant U.S. Attorneys Robert S. Levine and Nani M. Gilkerson prosecuted the case.
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Two Nashville Men Charged with Drug and Gun OffensesRead the Press Release
NASHVILLE – A federal grand jury has returned a superseding indictment charging two individuals for conspiracy and possession with intent to distribute approximately five pounds of methamphetamine in Nashville, Tennessee, announced United States Attorney Henry C. Leventis for the Middle District of Tennessee.
The indictment charges Brian Antonio Dotson, 45, and Lavantrez Zarqua Johnson, 28, both of Nashville, with conspiracy to possess methamphetamine with intent to distribute and possession with the intent to distribute methamphetamine. Johnson is also charged with possession of cocaine with the intent to distribute and Dotson is charged with being a felon in possession of a firearm and possession of a firearm in furtherance of a drug trafficking crime.
On May 4, 2023, Dotson and Johnson were arrested in an operation by the Metro Nashville Police Department, Tennessee Bureau of Investigation and the Drug Enforcement Administration. MNPD detectives arranged to purchase five pounds of methamphetamine from Dotson. Dotson met with Johnson prior to the sale to obtain the methamphetamine. The defendants then drove separately to the neighborhood where the methamphetamine purchase would occur. Officers arrested Dotson at that time and a search of his car led to the recovery of five pounds of methamphetamine and two firearms.
After arresting Dotson, officers attempted to detain Johnson who fled in his car. Although officers deployed a spike strip that punctured his car’s tires, Johnson was able to escape. While fleeing, Johnson threw a bag out his car. When officers recovered the bag, they found three plastic bags containing a substance later confirmed to be cocaine. Officers apprehended Johnson a few miles away and discovered a four-year-old child in his car. Both defendants are detained in federal custody.
This case was investigated by the Drug Enforcement Administration, the Metropolitan Nashville Police Department and the Tennessee Bureau of Investigation.
Assistant United States Attorney Herbert L. Bunton III is prosecuting the case.
An indictment is merely an allegation. The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Nashville Man Charged with Unlawful Possession of Ammunition Following Shooting at WEGO Bus StationRead the Press Release
NASHVILLE –Kenneth Dewayne Johnson, 31, of Nashville, Tennessee, has been charged by a federal grand jury with the unlawful possession of ammunition related to a May 2024 shooting at a downtown Nashville bus station, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee.
Johnson, who was previously charged by federal criminal complaint, has now been federally indicted for the unlawful possession of ammunition following the May 16, 2024, shooting at the WEGO Station located at 400 MLK Jr. Boulevard in Nashville. According to the indictment, a Metropolitan Nashville Police Department officer was in the area when the shooting occurred. Shortly after hearing the gunshots, the officer saw a man, later identified as Johnson, holding a pistol and running away from the area. The officer gave chase and witnessed Johnson throw the pistol to the ground as he continued to run. A short distance later, Johnson laid down on the ground and was arrested. Officers recovered the pistol which was loaded with five rounds of ammunition and a high-capacity magazine which contained forty-nine rounds of ammunition.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Metro Nashville Police Department. Assistant U.S. Attorney Juliet Aldridge is prosecuting the case.
A criminal complaint and an indictment are merely allegations. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Murfreesboro Man Charged with Unlawful Possession of a Firearm and Ammunition Following Easter Sunday ShootingRead the Press Release
NASHVILLE – Anton Rucker, 47, of Murfreesboro, Tennessee, has been indicted by a federal grand jury for the unlawful possession of ammunition and unlawful possession of a firearm related to two separate incidents, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee.
As a previously convicted felon, Rucker was charged for unlawfully possessing ammunition stemming from his involvement in the March 31, 2024, shooting at Roasted restaurant in Salemtown. One man was killed and several others were injured during the Easter Sunday shooting. Rucker has also been charged by the State of Tennessee with Criminal Homicide in connection with that incident.
Rucker was also charged in the indictment with unlawful possession of a firearm by a convicted felon following an August 26, 2023, road rage incident in Murfreesboro. According to the indictment, Rucker passed another driver on a double yellow line and then pulled in front of him, cutting the driver off and causing him to slam on his brakes to prevent an accident. Rucker then stopped his car, walked to the other driver’s car and started arguing with him before brandishing a firearm. Murfreesboro Police detectives later searched Rucker’s residence and found several firearms.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Murfreesboro Police Department, the Rutherford County Sheriff’s Office, and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Zachary T. Hinkle is prosecuting the case.
A criminal complaint and an indictment are merely allegations. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Hendersonville Business Owner Sentenced for Bank Fraud, Wire Fraud and Tax ChargesRead the Press Release
NASHVILLE – Scotty Thomas Lumley, 56, of Hendersonville, Tennessee was sentenced to serve 47 months in federal prison and to pay $1,198,833.62 in restitution earlier today, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee.
Lumley previously pleaded guilty to federal wire fraud and money laundering charges in 2015. The charges on which Lumley was sentenced today are based on additional federal crimes that he committed between 2015 and 2021. For example, beginning shortly after he was sentenced in 2015, Lumley kept taxes he withheld from his employees’ paychecks, rather than paying those funds over to the IRS.
Court documents also show that in 2017, in an effort to avoid a tax debt, Lumley told the IRS that the only vehicle he owned was a GMC 3500 with a negative value. In truth, however, he also owned a 2012 Ferrari 458 Spider which he sold the following year for $187,000.
In 2017 and 2018, Lumley also obtained a series of loans in connection with commercial real estate-related businesses he owned. To obtain those loans, he provided lenders with documents which falsely claimed that his personal net worth was more than $30 million, including cash-on-hand in the amount of approximately $630,000. Lumley also did not disclose that he had an outstanding tax liability of more than $119,000. In total, he tricked lenders into providing more than $3.5 million in loans. Lumley later provided one bank with additional false personal financial statements purporting to show that his net worth had risen to more than $42 million.
In November 2020, after becoming aware of a federal criminal investigation into the above conduct, Lumley flew to Morocco and did not return until he was extradited in February 2023.
While in Morocco, Lumley used a fabricated purchase order to defraud a Utah company of more than $500,000. In December 2021, a grand jury in the District of Utah charged him with wire fraud for this conduct, and that indictment was transferred to the Middle District of Tennessee for plea and sentencing.
“Today’s sentence ensures that this serial fraudster will finally be held accountable for his numerous crimes and kept far away from other potential victims,” said United States Attorney Henry C. Leventis. “It is also a testament to the outstanding work and tenacity of the investigators and prosecutors who handled this case. I am particularly grateful for the assistance received by the Justice Department’s Office of International Affairs to secure the defendant’s extradition from Morocco.”
“Failure to remit employment taxes withheld from employee wages is a serious criminal offense. Today’s sentencing sends a message to those who scheme to conceal and reduce federal income and payroll tax liability,” said Donald “Trey” Eakins, Special Agent in Charge of the Internal Revenue Service Criminal Investigation (IRS CI) Charlotte Field Office. “IRS Criminal Investigation will continue to pursue anyone who collects these taxes and uses the funds for their own personal gain.”
The Tennessee case was investigated by the IRS Criminal Investigation. Assistant U.S. Attorney Taylor J. Phillips is prosecuting the case for the Middle District of Tennessee. The Utah case was investigated by the Federal Bureau of Investigation, and Assistant U.S. Attorneys Brian Williams and Tyler Murray prosecuted the case for the District of Utah before it was transferred to the Middle District of Tennessee. The extradition was handled by the Justice Department’s Office of International Affairs with the cooperation of the Moroccan government and assistance from the U.S. Embassy in Morocco.
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Eighteen MS-13 Members and Associates Sentenced for Ten Murders, Seven Attempted Murders, Kidnapping, Drug Trafficking and Firearms OffensesRead the Press Release
NASHVILLE – The last of 18 defendants in a multi-year investigation by federal, state, and local law enforcement was sentenced to federal prison today, announced Acting United States Attorney Thomas J. Jaworski for the Middle District of Tennessee and Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. The investigation involved charges of racketeering conspiracy, murder in aid of racketeering, attempted murder in aid of racketeering, kidnapping, drug trafficking, firearms offenses, obstruction of justice, and destruction of evidence.
“This result sends a clear message that we will not tolerate the senseless violence and intimidation committed by MS-13 in our district,” said Acting United States Attorney Thomas J. Jaworski. “All gang members and associates should be on notice that this Office will use every means possible to investigate, prosecute, and seek lengthy federal prison sentences for those who terrorize our community. I cannot overstate the efforts by our prosecutors and law enforcement partners to bring these gang members to justice. Thanks to these efforts, both Nashville and those victimized are safer today with these criminals removed from our community, in some cases, for life.”
“Today’s sentencing is another example of the ATF’s relentless commitment to reduce violent crime,” said Special Agent in Charge Marcus Watson. “As evidenced by this case, the ATF will pursue individuals or groups who perpetuate violence and disrupt the lives of the citizens within our communities. The ATF will continue to work with our federal, state, and local partners to disrupt and dismantle criminal gangs that bring fear and terror to our neighborhoods. We are committed to working around the clock to bring justice to violent criminals and remove them from our streets.”
“This case should serve as warning to criminal gangs who terrorize our communities with violence and sow misery through drug trafficking; these activities will not be tolerated,” said Acting Special Agent in Charge Erek Davodowich, head of DEA’s Louisville Division. “MS-13 is an especially violent street gang… DEA and our law enforcement partners will continue to work tirelessly to rid these and other violent offenders from our communities and bring them to justice.”
“HSI, alongside our law enforcement partners, remains vigilant in combating transnational gangs and holding criminals accountable for their egregious actions,” said Homeland Security Investigations Nashville Special Agent in Charge Rana Saoud. “These violent gangs’ brazen acts of violence terrorize the communities we serve and reflect a total disregard for human life.”
“The safety of our communities is paramount, and TBI remains committed to pursuing, along with our law enforcement partners, these violent individuals that engage in dangerous and illegal activities,” said Director David Rausch of the Tennessee Bureau of Investigation.
"This gang-influenced violence in our city resulted in at least 10 murders and shocking crimes against several other persons," Metropolitan Nashville Police Department Chief John Drake said. "The relentless work of our Specialized Investigations and Homicide detectives, combined with the strong partnership of our federal and state law enforcement colleagues, has again sent a clear message that Nashville will not tolerate this criminality. Life and decades-long federal prison sentences speak volumes."
According to court documents and evidence presented at trial, MS-13 is an international street gang composed largely of individuals of Salvadoran or Central American descent. The defendants were members and associates of the local MS-13 clique, the Thompson Place Locos Salvatrucha (TPLS) clique, which has operated in Nashville since at least 2014. The MS-13 gang, through its local cliques, seeks to preserve and protect its power, territory, reputation and profits through murder, attempted murder, robbery, kidnappings, extortion and other criminal activities.
To generate income, MS-13 gang members engaged in illegal activities under the protection of the enterprise, including drug trafficking, robbery, extortion and other crimes. They would often steal vehicles to carry out these illegal activities. Funds generated by the illegal activity provided financial support to gang leaders, members, and associates, including individuals incarcerated in the United States and in El Salvador.
Cooperation with law enforcement is strictly prohibited under MS-13’s rules. It is well understood within the gang that anyone who assists authorities will be punished with death. Members are also required to confront, fight, and/or kill rival gang members and to retaliate quickly and viciously against anyone who disrespects or threatens the gang’s authority, power, reputation or control of a neighborhood. By committing murders, prospective members gained entrance into MS-13 or earned respect among the members.
In addition to numerous acts of drug distribution and firearms offenses, the MS-13 members and associates were also convicted of conspiring with each other and committing the following acts of violence:
On April 6, 2016, MS-13 members and associates, including Jose Pineda-Caceres, murdered Victim 1 because they believed he was a rival gang member. They lured Victim 1 to a secluded field in a rural area of Davidson County, Tennessee, under the guise that they were going to smoke marijuana. When they arrived at the field, the gang members confronted Victim 1 about their belief that he was in a rival gang before shooting him multiple times. Victim 1 died in the field.
On July 31, 2016, MS-13 members and associates, including Jose Pineda-Caceres, went to a party at a South Nashville nightclub. Victim 2 and his younger sister, Victim 3., were at this nightclub with friends celebrating Victim 3’s 18th birthday. Pineda-Caceres saw Victim 2 and believed he was a rival gang member. When Victim 2 left the nightclub with his friends and Victim 3, Pineda-Caceres and another MS-13 associate chased Victim 2’s car on Interstate 24 and shot into his car. A bullet struck Victim 3 and killed her. Pineda-Caceres fled the United States after this murder, but he was arrested when he returned to the United States in November 2017.
On November 13, 2016, MS-13 members and associates were at a South Nashville nightclub when they saw Victim 4 and believed he was a rival gang member. The MS-13 members and associates followed Victim 4 from the nightclub to his apartment in Antioch, Tennessee. An MS-13 member shot Victim 4 and then fled. Victim 4 died from his injuries.
On or about January 18, 2017, MS-13 members and associates, including Jorge Flores, saw Victim 5 at a Wal-Mart in Antioch and believed he was responsible for a recent murder of an MS-13 member. The MS-13 members chased Victim 5 as he rode in a car with his girlfriend and her young children. The MS-13 members eventually cornered Victim 5’s car and shot into it, striking Victim 5 multiple times.
In February 2017, MS-13 members and associates conspired to murder rival drug dealers, Victims 6 and 7. MS-13 members also conspired to murder another MS-13 member because he associated with Victims 6 and 7. On February 18, 2017, MS-13 members and associates chased the three victims in a car for miles and attempted to kill them by shooting at them. The gang members chased their victims to a South Nashville nightclub, shot at them, and continuously shot into the nightclub, which was filled with patrons. The following weekend, on February 25, 2017, MS-13 members and associates chased the victims again and shot Victim H.S. in the neck and torso causing Victim 6 to suffer life-threatening injuries. Metropolitan Nashville Police Department officers promptly provided medical care to Victim 6 and helped save his life.
Throughout the course of the conspiracy, the MS-13 members committed several armed carjackings of citizens near the Nashville, Tennessee area.
On April 2, 2017, MS-13 members and associates were inside a South Nashville nightclub when they saw Victims 8 and 9. The gang members informed another MS-13 member and associate who were not in the nightclub of the victims’ presence inside the nightclub and the gang members’ belief that the victims were rival gang members. The MS-13 member and associate outside of the nightclub retrieved an AK-47 rifle and shot Victims 8 and 9 multiple times when they left the club, killing them both.
On May 21, 2017, MS-13 members, including Jorge Flores and Kevin Tidwell, were parked in the parking lot of a South Nashville nightclub when they saw Victim 10 pull into the parking lot. The gang members thought Victim 10 was a rival gang member. They drove next to his car and shot him numerous times in his head and torso as he sat in his car. Victim 10 died from his injuries.
On May 27, 2017, MS-13 members were at a convenience store in South Nashville. Kevin Tidwell got into a verbal altercation with Victim 11 and felt disrespected. Tidwell entered a truck, driven by Jorge Flores, and waited behind the store until Victim 11 and Victim 12 drove away from the store. The MS-13 members chased the victims while shooting at them with an AK-47 rifle and a 9mm pistol. Victim 11 was struck by the gunfire and died from his injuries. The MS-13 members later burned the truck in an abandoned field.
On June 17, 2017, several MS-13 members were at a nightclub and confronted Victim 13 for falsely claiming to be an MS-13 member. The gang members summoned additional members to the club for assistance. When the additional members arrived, a fight ensued between the MS-13 members and Victim 13 and his friends. Gerson Serrano-Ramirez ultimately retrieved an AK-47 rifle from a car and fired a round of ammunition into the air. The MS-13 members forced Victim 13 in a car and took him to a secluded location where they beat him.
On July 25, 2017, Gerson Serrano-Ramirez physically assaulted Victim 14 when Victim 14 told the member that MS-13 members and their drug activities were causing problems in a local nightclub. Serrano-Ramirez accused Victim 14 of cooperating with law enforcement then pointed a rifle at Victim 14, choked him with the strap of a rifle, sprayed bleach in his eyes, suffocated him by placing a plastic bag over his head, and broke one of his fingers with a pair of pliers.
On September 24, 2017, MS-13 members, including Luis Colindres, saw Victim 15 in a South Nashville nightclub and thought he was a rival gang member. MS-13 members watched Victim 15 leave the nightclub with two other individuals, then drove to Victim’s H.Z.’s apartment complex awaiting his return. When Victim 15 arrived, the gang members blocked the car with their car, got out, and shot Victim 15 in the head and torso multiple times, killing him. The members also killed one of the car’s passengers, Victim 16, by shooting him in the head and torso multiple times to prevent him from cooperating with law enforcement.
Later that evening, on September 24, 2017, MS-13 members and associates, including Jorge Flores and Luis Colindres, lured Victim 17 to a secluded location to murder him for failing to repay a drug debt. When he arrived, they ordered him into the trunk of a car and shot him multiple times. They then drove Victim 17’s body to Cheatham County, Tennessee, where they burned him inside of the car’s trunk to destroy evidence of the murder.
The defendants were convicted for a range of offenses, including racketeering conspiracy, conspiracy to commit murder in aid of racketeering, murder in aid of racketeering, attempted murder in aid of racketeering, conspiracy to distribute and possess with the intent to distribute controlled substances, drug distribution, destruction of evidence, tampering with evidence, and numerous firearms offenses. The defendants were sentenced as follows:
- Jorge Flores, age 31, was sentenced to life plus 65 years in federal prison
- Kevin Tidwell, age 30, was sentenced to life plus 30 years in federal prison
- Luis Colindres, age 27, was sentenced to 55 years in federal prison
- Jose Pineda-Caceres, age 25, was sentenced to 52 years and three months in federal prison
- Gerson Serrano-Ramirez, age 36, was sentenced to 34 years in federal prison
- Carlos Ochoa-Martinez, age 34, was sentenced to 30 years in federal prison
- Francisco Avila, age 26, was sentenced to 30 years in federal prison
- Franklin Hernandez, age 24, was sentenced to 28 years and 11 months in federal prison
- Jason Sandoval, age 38, was sentenced to 20 years in federal prison
- Oscar Delgado-Flores, age 30, was sentenced to 19 years and eight months in federal prison
- Angel Daniel-Garcia, age 38, was sentenced to 13 years and 9 months in federal prison
- Bryan Paredes, age 27, was sentenced to 10 years in federal prison
- Jose Calderon, age 24, was sentenced to 10 years in federal prison
- Hector Venturas, age 28, was sentenced to 12 years and 7 months in federal prison
- Juan Melendez, age 25, was sentenced to 8 years in federal prison
- Franklin Pineda-Caceres, age 23, was sentenced to 7 years and 6 months in federal prison
- Sergio Alvarado-Ochoa, age 30, was sentenced to 2 years and 6 months in federal prison
- Anabely Caceres, age 44, was sentenced to a time-served sentence of 1 year and 1 month
Acting U.S. Attorney Thomas J. Jaworski for the Middle District of Tennessee, Principal Deputy Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Special Agent in Charge Marcus Watson of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Nashville Field Division, Special Agent in Charge Rana Saoud of Homeland Security Investigations (HSI) Nashville, Acting Special Agent in Charge Erek Davodowich of the DEA Louisville Field Division, U.S. Marshal for the Middle District of Tennessee Denny King, Metropolitan Nashville Police Chief John Drake, and Director David Rausch of the Tennessee Bureau of Investigation made the announcement.
The ATF, HSI, DEA, U.S. Marshals Service, Metropolitan Nashville Police Department, Tennessee Bureau of Investigation, LaVergne Police Department and Kentucky State Police investigated the case.
Assistant U.S. Attorneys Ahmed Safeeullah and Brooke Farzad for the Middle District of Tennessee and Deputy Chief Matthew Hoff of the Criminal Division’s Violent Crime and Racketeering Section prosecuted this case.
This prosecution is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
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Eighteen MS-13 Members and Associates Sentenced for 10 Murders, Seven Attempted Murders, Kidnapping, Drug Trafficking, and Firearms OffensesRead the Press Release
The last defendant of 18 La Mara Salvatrucha (MS-13) gang members charged in connection with a multi-year investigation by federal, state, and local law enforcement was sentenced today. The investigation involved charges of racketeering conspiracy, murder in aid of racketeering, attempted murder in aid of racketeering, kidnapping, drug trafficking, firearms offenses, obstruction of justice, and destruction of evidence.
According to court documents and evidence presented at trial, the defendants were members and associates of MS-13’s Thompson Place Locos Salvatrucha clique, which has operated in Nashville, Tennessee, since at least 2014. MS-13, an international street gang composed largely of individuals of Salvadoran or Central American descent, seeks to protect its power, territory, reputation, and profits through murder, attempted murder, drug trafficking, robbery, kidnappings, extortion, and other criminal activities. In addition, cooperation with law enforcement is strictly prohibited under MS-13’s rules. Members are required to confront, fight, and/or kill rival gang members and to retaliate quickly and viciously against anyone who disrespects or threatens the gang’s authority, power, reputation, or control of a neighborhood. Prospective members committed murders to gain entrance into MS-13 or to earn respect among the members.
In addition to drug distribution and firearms offenses, the defendants were also convicted of conspiring with each other and committing acts of violence, including the following:
On April 6, 2016, MS-13 members and associates, including Jose Pineda-Caceres, murdered Victim 1 because they believed he was a rival gang member. They lured Victim 1 to a secluded field in a rural area of Davidson County, Tennessee, under the guise of going to smoke marijuana. When they arrived at the field, the gang members confronted Victim 1 about their belief that he was in a rival gang before shooting him multiple times, killing him.
On July 31, 2016, MS-13 members and associates, including Pineda-Caceres, went to a South Nashville nightclub, where Pineda-Caceres saw Victim 2, who he believed was a rival gang member. Victim 2 and his younger sister, Victim 3, were at the nightclub with friends, celebrating Victim 3’s 18th birthday. When Victim 2 left the nightclub with his friends and Victim 3, Pineda-Caceres and another MS-13 associate chased Victim 2’s car on Interstate 24 and shot into it. A bullet stuck Victim 3 and killed her. Pineda-Caceres fled the United States after this murder but was arrested when he returned to the United States in November 2017.
On Nov. 13, 2016, MS-13 members and associates, including Jorge Flores, were at a South Nashville nightclub when they saw Victim 4, who they believed was a rival gang member. The MS-13 members and associates, including Flores, followed Victim 4 from the nightclub to his apartment in Antioch, Tennessee. An MS-13 member shot Victim 4 and then fled. Victim 4 died from his injuries.
On or about Jan. 18, 2017, MS-13 members and associates, including Jorge Flores, saw Victim 5, who they believed was responsible for a recent murder of an MS-13 member, at a Wal-Mart in Antioch. The MS-13 members chased Victim 5 as he rode in a car with his girlfriend and her young children. The MS-13 members eventually cornered the car and shot into it, striking Victim 5 multiple times.
In February 2017, MS-13 members and associates, including Carlos Ochoa and Jorge Flores, conspired to murder rival drug dealers, Victims 6 and 7. The MS-13 members also conspired to murder another MS-13 member because he associated with Victims 6 and 7. On Feb.18, 2017, MS-13 members and associates chased the three victims in a car for miles and attempted to kill them by shooting at them. The gang members chased their victims to a South Nashville nightclub, shot at them, and continuously shot into the nightclub, which was filled with patrons. The following weekend, on Feb. 25, 2017, MS-13 members and associates chased the victims again and shot Victim 6 in the neck and torso, causing Victim 6 to suffer life-threatening injuries. Metropolitan Nashville Police Department officers promptly provided medical care to Victim 6, helping to save his life.
On April 2, 2017, MS-13 members and associates were inside a South Nashville nightclub when they saw Victims 8 and 9. The gang members informed another MS-13 member and MS-13 associate, who were not in the nightclub, of the victims’ presence inside the nightclub and the gang members’ belief that the victims were rival gang members. The MS-13 member and associate outside of the nightclub retrieved an AK-47 rifle and shot Victims 8 and 9 multiple times when they left the club, killing them both.
On May 21, 2017, MS-13 members, including Flores and Kevin Tidwell, were parked in the parking lot of a South Nashville nightclub when they saw Victim 10, who they believed to be a rival gang member, pull into the parking lot. The gang members drove next to Victim 10’s car and shot him numerous times in his head and torso as he sat in his car, killing him.
On May 27, 2017, MS-13 members were at a convenience store in South Nashville, where Tidwell got into a verbal altercation with Victim 11 and felt disrespected. Tidwell got into a truck driven by Flores and waited behind the store until Victim 11 and Victim 12 drove away from the store. The MS-13 members chased the car while shooting at it with an AK-47 rifle and a 9mm pistol. Victim 11 was struck by the gunfire and died from his injuries. The MS-13 members later burned the truck in an abandoned field.
On June 17, 2017, several MS-13 members were at a nightclub and confronted Victim 13 for falsely claiming to be an MS-13 member. The gang members summoned additional members to the club for assistance. When the additional members arrived, a fight ensued between the MS-13 members and Victim 13 and his friends. Gerson Serrano-Ramirez ultimately retrieved an AK-47 rifle from a car and fired a round of ammunition into the air. The MS-13 members then forced Victim 13 into a car and took him to a secluded location, where they beat him.
On July 25, 2017, at Serrano-Ramirez’s home, Serrano-Ramirez physically assaulted Victim 14 for saying that MS-13 members and their drug activities were causing problems in a local nightclub. Serrano-Ramirez accused Victim 14 of cooperating with law enforcement, then pointed a rifle at him, choked him with the strap of the rifle, sprayed bleach in his eyes, suffocated him by placing a plastic bag over his head, and broke one of his fingers with a pair of pliers.
On Sept. 24, 2017, MS-13 members, including Luis Colindres, saw Victim 15, who they believed to be a rival gang member, in a South Nashville nightclub. MS-13 members watched him leave the nightclub with two other individuals, then drove to his apartment complex to await his return. When Victim 15 arrived, the gang members blocked the car with their car, got out, and shot Victim 15 in the head and torso multiple times, killing him. The members also shot one of the car’s passengers, Victim 16, in the head and torso multiple times to prevent him from cooperating with law enforcement.
Later that evening, on Sept. 24, 2017, MS-13 members and associates, including Flores and Colindres, lured Victim 17 to a secluded location to murder him for failing to repay a drug debt. When Victim 17 arrived, they ordered him into the trunk of a car and shot him multiple times. They then drove Victim 17’s body to Cheatham County, Tennessee, where they burned him inside of the car’s trunk to destroy evidence of the murder.
Throughout the course of the conspiracy, the MS-13 members committed several armed carjackings of citizens near the Nashville, Tennessee, area.
The defendants were sentenced as follows:
- Jorge Flores, 31, life plus 65 years in prison;
- Kevin Tidwell, 30, life plus 30 years in prison;
- Luis Colindres, 27, 55 years in prison;
- Jose Pineda-Caceres, 25, 52 years and three months in prison;
- Gerson Serrano-Ramirez, 36, 34 years in prison;
- Carlos Ochoa-Martinez, 34, 30 years in prison;
- Francisco Avila, 26, 30 years in prison;
- Franklin Hernandez, 24, 28 years and 11 months in prison;
- Jason Sandoval, 38, 20 years in prison;
- Oscar Delgado-Flores, 30, 19 years and eight months in prison;
- Angel Daniel-Garcia, 38, 13 years and nine months in prison;
- Bryan Paredes, 27, 10 years in prison;
- Jose Calderon, 24, 10 years in prison;
- Hector Venturas, 28, 12 years and seven months in prison;
- Juan Melendez, 25, eight years in prison;
- Franklin Pineda-Caceres, 23, seven years and six months in prison;
- Sergio Alvarado-Ochoa, 30, two years and six months in prison; and
- Anabely Caceres, 44, time-served sentence of one year and one month.
Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; Acting U.S. Attorney Thomas J. Jaworski for the Middle District of Tennessee; Special Agent in Charge Marcus Watson of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Nashville Field Division; Special Agent in Charge Rana Saoud of Homeland Security Investigations (HSI) Nashville; Acting Special Agent in Charge Erek Davodowich of the Drug Enforcement Administration (DEA) Louisville Field Division; U.S. Marshal Denny King for the Middle District of Tennessee; Chief John Drake of the Metropolitan Nashville Police Department; and Director David Rausch of the Tennessee Bureau of Investigation made the announcement.
The ATF, HSI, DEA, U.S. Marshals Service, Metropolitan Nashville Police Department, Tennessee Bureau of Investigation, La Vergne Police Department, and Kentucky State Police investigated the case.
Deputy Chief Matthew Hoff of the Criminal Division’s Violent Crime and Racketeering Section and Assistant U.S. Attorneys Ahmed Safeeullah and Brooke Farzad for the Middle District of Tennessee prosecuted this case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Middle District of Tennessee Charges Four Individuals Responsible for $15 Million in False Medicare Billing as Part of National Health Care Fraud TakedownRead the Press Release
NASHVILLE – Today, United States Attorney Henry C. Leventis announced criminal charges against four defendants in connection with alleged schemes to defraud Medicare. The charges filed in federal court are part of the Justice Department’s 2024 National Health Care Fraud Enforcement Action. The charges stem from schemes to bill Medicare for medically unnecessary genetic tests, durable medical equipment, and medications that were procured through kickbacks used to obtain doctors’ orders and patient information.
"Fraud and abuse continue to plague our federal health care programs and divert funds away from deserving patients,” said Henry C. Leventis, United States Attorney for the Middle District of Tennessee. “As United States Attorney for the nation’s health care capital, I am proud of my office’s leadership on health care fraud enforcement and I am very appreciative of Attorney General Garland highlighting our efforts during his remarks earlier today.”
“It does not matter if you are a trafficker in a drug cartel or a corporate executive or medical professional employed by a health care company, if you profit from the unlawful distribution of controlled substances, you will be held accountable,” said Attorney General Merrick B. Garland. “The Justice Department will bring to justice criminals who defraud Americans, steal from taxpayer-funded programs, and put people in danger for the sake of profits.”
The charges announced today by United States Attorney Leventis are part of a strategically coordinated, two-week nationwide law enforcement action that resulted in criminal charges against 193 defendants for their alleged participation in health care fraud and opioid abuse schemes that resulted in the submission of over $2.75 billion in alleged false billings. The defendants allegedly defrauded programs entrusted for the care of the elderly and disabled to line their own pockets, and the Government, in connection with the enforcement action, seized over $231 million in cash, luxury vehicles, gold, and other assets.
The Health Care Fraud Unit’s National Rapid Response, Florida, Gulf Coast, Los Angeles, Midwest, Northeast, and Texas Strike Forces; U.S. Attorneys’ Offices for the Southern District of Alabama, District of Arizona, Central District of California, Northern District of California, Southern District of California, District of Connecticut, Middle District of Florida, Southern District of Florida, Northern District of Illinois, Eastern District of Kentucky, Western District to Kentucky, Eastern District of Louisiana, Middle District of Louisiana, Western District of Louisiana, Eastern District of Michigan, Western District of Michigan, Southern District of Mississippi, District of Montana, District of New Jersey, Eastern District of New York, Eastern District of North Carolina, Western District of Oklahoma, District of Rhode Island, Eastern District of Tennessee, Middle District of Tennessee, Eastern District of Texas, Northern District of Texas, Southern District of Texas, Eastern District of Virginia, Western District of Virginia, Southern District of West Virginia, and Eastern District of Wisconsin; and State Attorney Generals’ Offices for Arizona, California, Illinois, Indiana, Louisiana, New York, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, and South Dakota are prosecuting the cases in the National Enforcement Action, with assistance from the Health Care Fraud Unit’s Data Analytics Team. Descriptions of each case involved in today’s enforcement action are available on the Department’s website here.
The United States Attorney’s Office for the Middle District of Tennessee worked with the Department of Health and Human Services Office of Inspector General (HHS-OIG) and the FBI to investigate and prosecute the cases filed during the enforcement period.
“We will not tolerate fraud that preys on patients who need and deserve high quality health care,” said the Honorable Christi A. Grimm, the Department of Health and Human Services Inspector General (HHS-OIG). “The hard work of the HHS-OIG team and our outstanding law enforcement partners makes today’s action possible. We must protect taxpayer dollars and keep Americans safe from harms to their health, privacy, and financial well-being.”
“Health care fraud is a crime that hurts all of us and each dollar taken from programs that help the elderly and the disabled is one dollar too many,” said Douglas S. DePodesta, Special Agent in Charge of the FBI Memphis Field Office. “The FBI is committed to fighting fraud and protecting taxpayer dollars, and with our law enforcement partners we will continue to identify and investigate the criminals who target the systems each of us depends on.”
The following individuals have been charged in the Middle District of Tennessee:
James Brandon “Brady” Washburn, 44, of Franklin, Tennessee, and Robert Houston McDowell, 43, of Murfreesboro, Tennessee, were charged by indictment with conspiracy to commit health care fraud, health care fraud, conspiracy to defraud the United States and to pay and receive health care kickbacks, and paying and receiving health care kickbacks, in connection with their role in selling doctors’ orders for medically unnecessary genetic tests, medications, and durable medical equipment (“DME”) to laboratories, pharmacies, and DME companies. The defendants also owned and operated their own DME companies in Franklin and Brentwood, Tennessee, and bought doctors’ orders for orthotic braces and submitted claims for medically unnecessary items to Medicare. The defendants obtained the orders by paying kickbacks and bribes to purported telemedicine companies and marketers in exchange for doctors signing orders for DME. The indictment alleges that the defendants and their co-conspirators received over $1 million in kickbacks for selling doctors’ orders to laboratories, pharmacies, and DME companies; that they submitted and caused to be submitted, through their DME companies, over $6 million in false and fraudulent claims to Medicare for DME; and that their DME companies were paid over $2 million on those claims.
Paulo R. Costa, 36, of Palm City, Florida, and Mark J.W. Carr, 35, of Lighthouse Point, Florida were each charged by separate information with conspiracy to commit health care fraud and to pay and receive health care kickbacks in connection with an over $9 million scheme involving multiple pharmacies, including in Mt. Juliet and Goodlettsville, Tennessee. As alleged in the informations, the defendants obtained patient information through the use of call centers where telemarketers persuaded Medicare beneficiaries to accept prescriptions for expensive medications, which the beneficiaries neither needed nor wanted. The defendants obtained signed prescriptions by paying kickbacks to marketers and telemedicine companies and then billed Medicare Part D plan sponsors for prescriptions that were procured through the payment of kickbacks and that were medically unnecessary.
Assistant U.S. Attorneys Sarah K. Bogni and Robert S. Levine of the Middle District of Tennessee are prosecuting the cases in the Middle District of Tennessee.
An information or indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Eleven Men Plead Guilty to Conspiring to Distribute Fentanyl, Methamphetamine and Marijuana in Tennessee and Other StatesRead the Press Release
NASHVILLE – Eleven members of a drug trafficking conspiracy pled guilty to conspiring to distribute and possess with the intent to distribute controlled substances in middle Tennessee, announced United States Attorney Henry C. Leventis for the Middle District of Tennessee.
Davontay Holt, 30, of Columbia, Tennessee, pled guilty on April 8, 2024
Ricardo Molinero-Alcarez, 29, of Santa Rosa, California, pled guilty on April 9, 2024
Khyre McClain, 21, of Columbia, Tennessee, pled guilty on May 17, 2024
Marcus Johnson, 26, of Santa Rosa, California, pled guilty on May 29, 2024
Ethan Kimes, 22, of Columbia, Tennessee, pled guilty on May 29, 2024
Jahari Armstrong, 22, of Columbia, Tennessee, pled guilty on May 29, 2024
Jaydan Armstrong, 22, of Columbia, Tennessee, pled guilty on May 29, 2024
Mathew Cox, 28, of Santa Rosa, California, pled guilty on June 7, 2024
Tristain Orr, 24, of Columbia, Tennessee, pled guilty on June 17, 2024
Jonny Rodriguez-Gonzalez, 25, Elmira, California, pled guilty on June 17, 2024
Quortez Duncan, 36, of Columbia, Tennessee, pled guilty on June 18, 2024
According to charging and plea documents, agents with the Drug Enforcement Administration and Homeland Security Investigations were investigating the distribution of methamphetamine, marijuana and counterfeit fentanyl-laced Oxycodone tablets with the inscription “M30” which were being shipped from the Santa Rosa, California, area to Tennessee and more than a dozen other states. Subsequent investigation, including surveillance and the review of social media sites and mobile payment records, identified members of the drug distribution network. Law enforcement officers in Columbia, Tennessee, executed several search warrants of the defendants’ residences and recovered loaded firearms and blue tablets inscribed “M30.”
On July 25, 2022, HSI agents seized a package from a UPS Store in Sebastopol, California, which was destined for Nashville. This package contained thousands of counterfeit fentanyl-laced Oxycodone “M30” tablets weighing over two kilograms. The package also contained more than eight pounds of methamphetamine.
On August 9, 2022, HSI agents intercepted two additional packages from the Santa Rosa area which were destined for residences in Nashville. One package contained 472 grams of the counterfeit fentanyl-laced Oxycodone “M30” tablets and the other package contained approximately four pounds of methamphetamine.
The defendants will be sentenced before United States District Judge Waverly D. Crenshaw, Jr., in the spring of 2025. Cox, Johnson, Molinero-Alcarez, McClain, Rodriguez-Gonzalez, and Duncan face up to life imprisonment and a $10,000,000 fine. Holt, Orr, Kimes, Jahari Armstrong, and Jaydan Armstrong face up to 20 years’ imprisonment and a $1,000,000 fine.
This case was investigated by the Drug Enforcement Administration; Homeland Security Investigations; the U.S. Postal Inspection Service; the Federal Bureau of Investigation, Memphis Field Office, Nashville Resident Agency; and the Columbia Police Department. Assistant U.S. Attorneys Ahmed Safeeullah and Rachel Stephens are prosecuting the case.
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The United States Attorney's Office for the Middle District of Tennessee Recognizes World Elder Abuse Awareness DayRead the Press Release
NASHVILLE – United States Attorney Henry C. Leventis for the Middle District of Tennessee, joined national, state, local, and Tribal leaders today in recognizing World Elder Abuse Awareness Day (WEAAD). Since 2006, WEAAD has been commemorated to promote awareness and increases understanding of the many forms of elder abuse as well as the resources available to those at risk.
Highlighting the partnership between law enforcement and the public, U.S. Attorney Leventis emphasized the importance of awareness and education.
Elder abuse is an act that knowingly, intentionally, or negligently causes or creates a serious risk of harm to an older person by a family member, caregiver, or other person in a trust relationship. Such harm may be financial, physical, sexual, or psychological. The Justice Department maintains a variety of programs and initiatives to combat elder abuse.
The Transnational Elder Fraud Task Force marshals federal and state agencies working collaboratively to investigate and prosecute foreign-based schemes that target older Americans. In addition to aggressively investigating the individuals, organizations, and networks responsible for these crimes, this initiative provides the public with information to guard against both traditional scams, like tech support fraud, as well as trending schemes, such as romance scams.
Using one scam to perpetrate or conceal another, some fraudsters rely on money mules to move the proceeds of their illegal activity. Preying on the good will or financial vulnerability of their targets, scammers recruit people, many times older victims, to participate in schemes to move money in ways that avoid notice. The Money Mule Initiative identifies and addresses money mule activity to disrupt these fraud schemes, and helps people to recognize and avoid participation in perpetuating fraud.
To help older individuals and their families identify and avoid fraudulent activity, the Justice Department provides Senior Scam Alerts with information about the tactics used in specific schemes. For example, in Social Security Administration Impostor schemes, scammers impersonate government administrators and falsely reporting suspicious activity to request that the victims provide their Social Security number for confirmation. In Tech Support scams, fraudsters contact victims, sometimes through internet pop-up messages, to warn about non-existent computer problems, ask that the victim give them remote access to their computer, and identify a non-existent problem, then demand large sums of money for unnecessary services. In Lottery scams, telemarketers falsely notify victims that they have won a sweepstakes and tell them they must first pay fees for shipping, insurance, customs duties, or taxes before they can claim their prizes.
The United States Attorney’s Office continues to work with its federal, state and local law enforcement partners to investigate and prosecute elder abuse crimes. In April 2023, a federal jury convicted a defendant of twelve felony counts related to a scheme to defraud an elderly widow of over one million dollars. The defendant tricked the victim into believing that he would care for her personally and financially. He held himself out as the victim’s “personal representative,” her “son” or her “godson,” and pretended that he was acting on her behalf. In total, the defendant defrauded the victim of approximately $1.2 million. He used her money to purchase luxury items and often spent over $1,000 per day on lottery tickets. The defendant’s lavish spending using the victim’s money included purchasing a Lexus GX460, a 4.3-karat diamond ring, and a $170,000 interest in a pest control business.
Fraud related to nursing homes and worthless services remains a priority for the office. The office leads the District’s Elder Justice Task Force to ensure coordination across law enforcement agencies on the most recent scams targeting seniors, including AI-generated scams.
To learn more about the department’s elder justice efforts please visit the Elder Justice Initiative page.
To report elder fraud, contact the dedicated National Elder Fraud Hotline at 1-833-FRAUD-11 or 1-833-372-8311 and visit the FBI’s IC3 Elder Fraud Complaint Center at IC3.gov.
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Athens, Georgia, Woman Indicted on Cyberstalking and Threat OffensesRead the Press Release
NASHVILLE – An Athens, Georgia, woman is facing federal criminal charges in the Middle District of Tennessee after law enforcement officers executed multiple search warrants, including a search warrant on her home, announced United States Attorney Henry C. Leventis.
The indictment, returned on May 15, 2024, by a federal grand jury, charges Gabryele “Gabby” Watson, 26, with two counts of cyberstalking and one count of interstate transmission of threats to kidnap or injure. Watson is accused of cyberstalking by engaging in an adoption scam targeting a couple living in the Middle District of Tennessee and transmitting an interstate threat during her communication with the couple.
If convicted, Watson faces a maximum sentence of five years in federal prison for each count.
This case was investigated by the Federal Bureau of Investigation, Nashville Resident Agency, Memphis Field Office. Assistant U.S. Attorney Monica R. Morrison of the Middle District of Tennessee and Senior Trial Attorney Mona Sedky of the Computer Crime and Intellectual Property Section of the Department of Justice are prosecuting the case.
If you believe that you or someone you know may be a victim of, or have any information about, the conduct alleged in the indictment, please contact your local FBI field office or visit the FBI's website at www.fbi.gov/WatsonAdoptionFraud or the United States Attorney’s Office’s website at www.justice.gov/usao-mdtn/victim-witness-assistance/gabryele-watson.
An indictment is merely an allegation. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Smyrna Man Sentenced for Producing Child Sexual Abuse Material and Witness TamperingRead the Press Release
NASHVILLE – Pierre Burns, 31, of Smyrna, Tennessee, was sentenced yesterday to 20 years in prison and 10 years of supervised release. A federal jury previously convicted him of two counts of sexual exploitation of a minor and one count of witness tampering for producing sexually explicit images of two minors and then calling one of the minors from jail to influence her trial testimony.
According to the evidence at trial, in March 2020 the defendant picked up two runaway minors at a Nashville Waffle House. Over the course of the next several days, he used his phone to photograph and record the minors engaging in sexual acts. Following a traffic stop, these sexually explicit images were discovered on the defendant’s phone. One of the minors depicted in the images was in the car with the defendant during that traffic stop.
While the defendant was awaiting trial on child exploitation charges, he called one of the minors from the jail in an attempt to influence her testimony. The defendant was subsequently charged in a superseding indictment with witness tampering.
“Protecting minors from exploitation continues to be one of the Justice Department’s top priorities,” said United States Attorney Henry C. Leventis. “Today’s sentence, and the excellent investigative and trial work that preceded it, will ensure that this defendant will not get anywhere near children for the next two decades.”
“This sentencing is a result of cooperation between HSI and the Metropolitan Nashville Police Department to rescue children being sexually exploited,” said HSI Nashville Special Agent in Charge Rana Saoud. “Our investigators work tirelessly with our law enforcement partners to deliver justice to those who engage in the production and distribution of child sexual abuse material.”
The Metropolitan Nashville Police Department and Homeland Security Investigations investigated this case. Assistant U.S. Attorney Monica R. Morrison prosecuted the case.
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Mount Zion Baptist Church Agrees to Pay over $70,000 to Settle Allegations of Misusing Paycheck Protection Program Loan FundsRead the Press Release
NASHVILLE – Mount Zion Baptist Church (“MZB”) has agreed to pay $70,464.39 to settle civil claims that it misused a Paycheck Protection Program (“PPP”) loan. This agreement resolves allegations that MZB unjustly enriched itself by improperly using the PPP loan to make mortgage principal payments in violation of the PPP regulations.
The United States alleged that MZB applied for a PPP loan in April 2020, certifying that the loan would be used only for purposes permitted under the PPP regulations, including mortgage interest payments. But on May 29, 2020, MZB made two separate mortgage principal payments totaling $70,464.39, in violation of the PPP requirements. On May 1, 2021, MZB applied for full forgiveness of its PPP loan, certifying that it used the entirety of the loan funds to pay business expenses that were eligible for forgiveness. As a result, on May 17, 2021, the Small Business Administration (“SBA”) approved MZB’s application for PPP loan forgiveness, including the portion of the loan that the United States contends that MZB used for mortgage principal payments.
Congress created the PPP in March 2020, as part of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, to provide emergency financial support to the millions of Americans suffering from the economic effects caused by the COVID-19 pandemic. The CARES Act authorized billions of dollars in forgivable loans to small businesses struggling to pay employees and other business expenses. This settlement resolves allegations that MZB was unjustly enriched by taking PPP funds that it used improperly for purposes that were not allowed by the PPP.
The litigation resolved by this case originally was brought under the qui tam or whistleblower provisions of the False Claims Act by Kiara Moore, a former employee of MZB. Under the whistleblower provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. In this case, Moore will receive $10,569.66 of the settlement funds. The litigation, which is concluded by the settlement announced today, is captioned United States ex rel. Moore v. Mount Zion Baptist Church, Case No. 3:23-cv-0024 (M.D. Tenn.).
This matter was handled by Assistant U.S. Attorney S. Jae Lim of the Middle District of Tennessee, with assistance from the SBA’s Office of General Counsel.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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Wilson County Man Sentenced to over 17 Years in Federal Prison on Child Exploitation ChargesRead the Press Release
NASHVILLE – Jonathon Aaron Ladd, 30, of Mt. Juliet, Tennessee, was sentenced yesterday to 210 months in federal prison for the production, transportation, and distribution of child pornography, announced United States Attorney Henry C. Leventis for the Middle District of Tennessee. That term of imprisonment will be followed by 10 years of supervised release.
In 2020, the defendant made a sexually explicit video recording of a six-year-old girl in his care. He shared that video, along with another sexually explicit video of a different child, in an online chat application with other sexual predators.
A federal grand jury indicted the defendant in 2021 on one count of production of child pornography, one count of transportation of child pornography, and one count of distribution of child pornography. On September 21, 2023, he pled guilty to all counts in the indictment.
“Protecting children will always be a top priority for the Justice Department,” said United States Attorney Henry C. Leventis. “In this case, as a result of the excellent work done by law enforcement and members of our office, the defendant will spend the next 17 years in federal prison and far away from children.”
“This sentencing is a prime example of the joint efforts in which HSI works with our law enforcement partners to rescue children who are being sexually exploited,” said HSI Nashville Special Agent in Charge Rana Saoud. “Let this be a warning to anyone who engages in the abhorrent behavior of producing and distributing child sexual assault material. Our investigators work tirelessly with our law enforcement partners to deliver justice to those who would harm our children.”
Homeland Security Investigations; the FBI Memphis Field Office, Nashville Resident Agency; and the Metro Nashville Police Department investigated this case. Assistant U.S. Attorney Carrie Daughtrey prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the 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.
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The United States Attorney's Office for the Middle District of Tennessee Recognizes National Police WeekRead the Press Release
NASHVILLE – As part of National Police Week, United States Attorney Henry C. Leventis and the United States Attorney’s Office for the Middle District of Tennessee recognize the service and sacrifice of federal, state, local, and Tribal law enforcement. National Police Week is observed Saturday, May 11 through Friday, May 17, 2024.
“Members of law enforcement and their families make tremendous sacrifices and take considerable risks every day to serve and protect us,” said Henry C. Leventis, United States Attorney for the Middle District of Tennessee. “I was reminded again this morning, at the Tennessee State Troopers Memorial, that far too many law enforcement officers are asked to make the ultimate sacrifice in service to their communities. National Police Week is a time to remember and honor those law enforcement officers that we have lost and a time to renew our commitment to supporting those who continue to serve in this noble profession.”
“As our country recognizes National Police Week, the Justice Department joins families and communities in remembering the members of the law enforcement community who made the ultimate sacrifice protecting the public,” said Attorney General Merrick Garland. “Policing is difficult and dangerous, yet time and time again, law enforcement officers answer the call, showing up for their communities when they are needed the most. Their devotion to duty is matched only by that of their loved ones who make daily sacrifices to support them. The Justice Department is committed to doing everything in our power to help provide our law enforcement partners with the resources they need to carry out their noble work on behalf of the public.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe.
On Monday, May 13, the names of more than 280 officers killed in the line of duty in 2024 who have been added to the wall at the National Law Enforcement Officers Memorial were read during a Candlelight Vigil at 8:00 p.m. EDT. To view a recording of this event, visit https://nleomf.org/memorial/programs/national-police-week-2024/candlelight-vigil/.
To learn more about National Police Week and the virtual candlelight vigil, please visit www.policeweek.org.
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Nashville Man Indicted for Bank Robbery While on Supervised Release from Federal Prison for Two Other Bank Robbery ConvictionsRead the Press Release
NASHVILLE – A federal grand jury returned an indictment yesterday charging Jeremy Stacey Godwin, 44, of Nashville, Tennessee, with one count of bank robbery, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee.
According to the indictment and publicly available information, on April 9, 2024, Godwin entered a Truist Bank on Nolensville Pike in Nashville, and demanded money while threatening the use of a firearm. The bank teller gave Godwin approximately $2,400, then Godwin fled on foot. Godwin was arrested when a concerned citizen contacted law enforcement after seeing local media reports of the bank robbery which showed bank video images of the suspect.
At the time of the robbery, Godwin was on supervised release after serving his prison sentences for prior convictions in the Middle District of Tennessee of robbing a Sun Trust Bank in Nashville on September 3, 2016, and robbing a Chase Bank in Indianapolis, Indiana on September 8, 2017.
If convicted, Godwin faces up to 20 years in federal prison.
This case was investigated by the Federal Bureau of Investigation and the Metro Nashville Police Department. First Assistant U.S. Attorney Thomas J. Jaworski is prosecuting the case.
An indictment is merely an allegation. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Army Lieutenant Colonel Arrested and Charged with Arms Export Control Act Violations, Smuggling Firearms Parts, Firearms Trafficking, Possession of Machineguns, Unlawful Transportation of a Firearm and Dealing in Firearms Without a LicenseRead the Press Release
NASHVILLE – Frank Ross Talbert, 40, a Lieutenant Colonel with U.S. Army Explosives Ordinance Disposal (EOD) assigned to Fort Campbell, is facing federal criminal charges after law enforcement officers conducted an investigation and executed multiple search warrants uncovering evidence that Talbert unlawfully imported firearms parts from Russia and other countries, unlawfully dealt in firearms without a federal firearms license, and committed multiple firearms violations related to the possession of machineguns, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee.
Talbert was arrested today on a twenty-one count federal indictment charging him with eight counts of importing defense articles without a license, eight counts of smuggling firearms parts into the United States, one count of firearms trafficking, two counts of possession of unregistered machineguns, one count of transporting a machinegun without a license and one count of dealing in firearms without a license.
If convicted, Talbert faces a maximum sentence of twenty years imprisonment and a fine up to $1,000,000.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Bowling Green Field Office; U.S. Customs and Border Protection; Homeland Security Investigations; Federal Bureau of Investigation, Memphis Field Office, Nashville Resident Agency; and the U.S. Army Criminal Investigation Division. Assistant U.S. Attorney Brooke Farzad is prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Two Murfreesboro Men Sentenced in Conspiracy to Ship Massive Quantities of Methamphetamine to New Zealand and AustraliaRead the Press Release
NASHVILLE – Steven Weaver, 51, of Murfreesboro, Tennessee, was sentenced yesterday to 140 months in prison and five years of supervised release, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee. Weaver previously pleaded guilty to conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine, and possession and distribution of more than 50 grams of methamphetamine. Weaver’s co-defendant, Jamie Woods, was sentenced last week to 120 months in prison and five years of supervised release.
According to the indictment and other documents filed with the Court, in July 2019, an investigation by Homeland Security Investigations and the U.S. Postal Inspection Service determined that multiple parcels had been shipped from Murfreesboro to Australia and New Zealand that contained methamphetamine. In most instances, the methamphetamine was packaged in cake mix boxes and the parcels were identified as a “Birthday Gift.”
Although some of the parcels were successfully delivered to their destination, law enforcement intercepted 12 of the parcels, which contained a total of more than 20 kilograms of methamphetamine, some of which bore the defendants’ fingerprints. At sentencing, U.S. District Judge Aleta Trauger found that an estimate of 50 kilograms of methamphetamine was appropriate and described it as a “tremendous amount of incredibly pure methamphetamine.”
“This prosecution and the sentences imposed, are a testament to the fantastic work of the federal and local law enforcement agencies who investigated this case,” said United States Attorney Henry C. Leventis. “Methamphetamine is an incredibly dangerous drug. We will continue to hold accountable those who distribute it, either here in the Middle District or abroad.”
“The sentencing of these defendants illustrates HSI’s mission of investigating the movement of illegal narcotics through importation and exportation, either to or from the United States,” said Homeland Security Investigations (HSI) Nashville Special Agent in Charge Rana Saoud. “This sentencing showcases the investigative work HSI conducts alongside our partners, including the U.S. Postal Inspection Services, to disrupt and dismantle transnational criminal organizations who threaten the stability of communities domestically and abroad.”
Two of the parcels were determined to have been mailed from the mail room at Middle Tennessee State University (MTSU) in Murfreesboro, on June 25, 2019. The identification of the origin of these parcels led investigators to video footage from MTSU which captured a vehicle and two individuals and aided in the subsequent identification of the defendants. Investigators were also able to capture surveillance footage of Weaver and Woods buying copious amounts of cake mix boxes from Walmart.
This case was investigated by the U.S. Postal Inspection Service and Homeland Security Investigations with support from the Rutherford County Sheriff’s Office, the MTSU Police Department, the Murfreesboro Police Department, and Walmart Global Investigations. Assistant U.S. Attorney Amanda J. Klopf prosecuted the case.
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Four Defendants Found Guilty on Federal Charges After Obstructing Patients and Providers of a Nashville Area Reproductive Health Services FacilityRead the Press Release
NASHVILLE – United States Attorney Henry Leventis for the Middle District of Tennessee and Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division announced that a federal judge returned a guilty verdict yesterday for defendants Eva Edl, Eva Zastrow, James Zastrow, and Paul Place on criminal charges arising out of their blockade of a reproductive health care clinic in Mount Juliet, Tennessee, on March 5, 2021. The judge found each defendant guilty of a violation of the Freedom of Access to Clinic Entrances Act (FACE Act), 18 U.S.C. § 248.
Evidence presented at trial proved that the defendants violated the FACE Act by using physical obstruction over the course of several hours to interfere with the clinic’s employees and a patient, because the clinic was providing, and the patient sought, reproductive health services. The clinic was located on the second floor of a medical building. The defendants and others filled the interior hallway to the clinic. These defendants positioned themselves directly in front of the main clinic door for over two hours, physically blocking access to the clinic, resulting in no patients accessing the clinic. Police requested that the defendants leave or move multiple times, but after more than two hours, these defendants were arrested.
The defendants face up to a maximum of six months in prison, five years of supervised release, and fines of up to $10,000.
The case was investigated by the Memphis Division – Nashville Resident Agency of the Federal Bureau of Investigation.
The case is being prosecuted by the U.S. Attorney’s Office for the Middle District of Tennessee and the Justice Department’s Civil Rights Division.
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Eighteen Members and Associates of Clarksville Mongols Motorcycle Gang SentencedRead the Press Release
NASHVILLE – James Hines, 47, one of eighteen members and associates of the Clarksville chapter of the Mongols Motorcycle Club who were federally prosecuted for RICO conspiracy, murder, kidnapping, large-scale drug trafficking, money laundering, and other crimes, was sentenced to 10 years and 10 months in federal prison today, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee. All of the defendants’ crimes stemmed from their involvement with the Clarksville Mongols. Hines was the last remaining defendant to be sentenced.
“Today’s sentence concludes a multi-year, coordinated effort by federal, state, and local law enforcement, our office, and the Justice Department’s Criminal Division to address some of the worst organized criminal activity we have seen in Middle Tennessee,” said Henry C. Leventis, United States Attorney for the Middle District of Tennessee. “As a result of that outstanding work, our communities are safer and multiple violent criminals are being held to account for their actions. I am grateful for the efforts of everyone involved in this remarkable investigation and prosecution.”
According to court documents and evidence presented at trial, the Clarksville Mongols were a violent motorcycle gang affiliated with the Mongols Motorcycle Club, an international organization that identifies as an "outlaw" motorcycle gang, meaning its members define themselves as within the "1%" of motorcycle clubs who do not adhere to the law or the rights of others. Sayings like, "Respect Few, Fear None" and "Live Mongol Die Mongol" represent their cut-throat attitude and they identify themselves with vests, patches, tattoos, and insignia identifying their connection to the Mongols.
In early 2015, some of the defendants sought to transition from another motorcycle club and establish the Clarksville Mongols because, at the time, the Mongols did not occupy or claim any territory in Tennessee. As a show of loyalty and to gain favor with the Mongols, those individuals committed a drive-by shooting and burned down the Sin City Motorcycle Club's clubhouses in Clarksville and Nashville, Tennessee. These initial violent acts were designed to curry favor with the Mongols and paved the way for the Clarksville Mongols to obtain a firm foothold in Tennessee.
One of the earliest and most violent acts committed by the Clarksville Mongols occurred on May 22, 2015, with the kidnapping and murder of Victim 1, a young mother. The Clarksville Mongols believed Victim 1 had stolen narcotics, money, and firearms, had knowledge about the theft of such items, and had been speaking negatively to others about the Clarksville Mongols. On the day of her murder, the Clarksville Mongols kidnapped Victim 1 at gunpoint then drove her to an area behind a secluded cemetery where they shot her numerous times and killed her. Victim 1’s body was recovered almost 15 months after she was murdered.
These acts marked the beginning of the Clarksville Mongols -- an enterprise that engaged in a pattern of racketeering activity from 2015 through 2018. During that time, in order to enrich the Mongols and to maintain control of the Mongols' new territory in Tennessee, the Clarksville Mongols engaged in a pattern of violent criminal activity, including murder, attempted murder, kidnapping, assaults, narcotics trafficking, robbery, extortion, money laundering, witness tampering, and various firearms offenses. In an effort to establish themselves as the area’s dominant motorcycle club, members and associates of the Clarksville Mongols also participated in large-scale drug-trafficking and money-laundering activities with the help of Mongols members from California who supplied the Clarksville Mongols with more than 50 pounds of almost 100% pure methamphetamine worth approximately $1 million for distribution in and around Tennessee and Kentucky.
The Clarksville Mongols' violent conduct culminated in the kidnapping and murder of Victim 2, a former Clarksville Mongol. During the early morning hours of November 19, 2017, they kidnapped Victim 2 and took him to another member's house where they held Victim 2 hostage, used zip ties to restrain him, and viciously beat, tortured, and interrogated him for hours, causing him to suffer 3 fractured vertebrae in his neck, five fractured ribs, blunt force trauma to his head, and a broken eye socket. One member told another that they beat Victim 2 so bad that his flesh was falling off his face. They ultimately murdered Victim 2 by driving a 10-inch tent stake through his head. They buried Victim 2's body in a secluded field behind an abandoned residence. Victim 2's body was recovered almost a year later.
The sentences are as follows:
James Wesley Frazier, age 36, was sentenced to Life plus 30 years in federal prison;
Aelix Santiago, age 35, was sentenced to 40 years in federal prison;
Kyle Heade, age 37, was sentenced to 9 years in federal prison;
Joel Aldridge, age 43, was sentenced to 25 years in federal prison;
James Hines, age 47, was sentenced to 10 years and 10 months in federal prison;
Michael Forrester, Jr., age 35, was sentenced to 17 ½ years in federal prison;
Jamie Hern, age 44, was sentenced to 30 years in federal prison;
Robert Humiston, age 31, was sentenced to 8 years and 4 months in federal prison;
Michael Myers, age 40, was sentenced to 7 years in federal prison;
Michael Levi West, age 41, was sentenced to 9 years in federal prison;
Adrianna Miles, age 28, was sentenced to 7 years in federal prison;
Derek Leighton Stanley, age 49, was sentenced to 18 ½ years in federal prison;
William Boylston, age 33, was sentenced to Life plus 7 years in federal prison;
Jason Meyerholz, age 49, was sentenced to Life plus 7 years in federal prison;
Christopher Michael Wilson, age 41, was sentenced to 15 years in federal prison;
Jessie Marie Decker, age 38, was sentenced to time served;
Janie Lee, age 28, was sentenced to 6 years and 8 months in federal prison; and
Christian Dykes, age 35, was sentenced to time served.
The Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Clarksville Police Department, the Tennessee Bureau of Investigation, and the Kentucky State Police investigated the case.
Assistant U.S. Attorneys Kathryn Risinger and Chris Suedekum for the Middle District of Tennessee and Trial Attorney Matthew Mattis with the Justice Department’s Violent Crime and Racketeering Section prosecuted the case.
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United States Attorney's Office Collected More Than $22 Million in Fiscal Year 2023Read the Press Release
NASHVILLE – United States Attorney Henry C. Leventis announced today that the U.S. Attorney’s Office for the Middle District of Tennessee recovered $22,670,748.85 for crime victims and American taxpayers in Fiscal Year 2023.
“The dedicated public servants in our office responsible for protecting the public fisc and disgorging criminal proceeds have, once again, done a tremendous job on behalf of taxpayers and crime victims in Middle Tennessee,” said United States Attorney Henry C. Leventis. “In 2023, they recovered well over $22 million for federal government programs and victims of crime.”
Of the money collected, $19,217,743.17 was collected in civil cases, primarily through actions brought pursuant to the False Claims Act which provides that the United States may recover up to three times the amount of money that had been fraudulently obtained from government programs, And, $2,323,187.68 was in the form of money judgments in criminal cases for victims of crime. The U.S. Attorney’s Office also collected $1,129,818 through asset forfeiture in criminal and civil cases during Fiscal Year 2023.
The pursuit of recovery as a result of fraud committed against the United States through affirmative civil enforcement is a top priority of the U.S. Attorney’s Office. This includes actions to recover monies lost due to fraud or other misconduct against the United States and the pursuit of monetary penalties and injunctive relief to address on-going violations of federal laws. One of the primary objectives of asset forfeiture is to take the profit out of crime. Both the proceeds and instrumentalities of crimes are subject to forfeiture. The U.S. Attorney’s Office also initiates legal proceedings and takes other necessary actions to enforce collection of all federal debts in the Middle District of Tennessee. These debts include criminal fines, criminal restitution orders and civil judgments filed against judgment debtors, as well as unsecured civil debts referred from federal agencies.
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Cannon County Man Sentenced to 11 Years in Federal Prison for Committing Three Nashville Bank RobberiesRead the Press Release
NASHVILLE – Clifton Knight, 62, of Woodbury, Tennessee, was sentenced today to 11 years in federal prison, followed by 3 years of supervised release, announced United States Attorney Henry C. Leventis. In August 2023, Knight pled guilty to a three-count Indictment charging him with three bank robberies in Nashville.
On January 4, 2022, Knight robbed a SunTrust Bank located on Hobbs Road in Nashville, where he took over $3,000. On February 4, 2022, he robbed a SunTrust Bank on Old Hickory Boulevard in Hermitage, where he threatened a clerk and stole over $5,000. Finally, on February 8, 2022, he robbed a Fifth Third Bank on Donelson Pike and took over $4,000.
The case was investigated by the Metro Nashville Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Joseph P. Montminy prosecuted the case.
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Summer Camps Reminded of Requirement to Accommodate Children with DisabilitiesRead the Press Release
NASHVILLE – United States Attorney Henry C. Leventis announced today that his office has contacted summer camps throughout Middle Tennessee to remind them of their obligation under federal law to make reasonable accommodations to accept children with disabilities.
With summer approaching, parents are beginning to think about summer camps. To help ensure that children with disabilities receive the opportunity to attend summer camp, the U.S. Attorney’s Office recently sent a letter and a flyer to scores of summer camps located within the Middle District of Tennessee reminding them of their obligations under the Americans with Disabilities Act (“ADA”).
Under the ADA, both private summer camps and those run by municipalities must make reasonable modifications to enable campers with disabilities to participate fully in all camp programs and activities. This generally means that children with disabilities are entitled to attend any camp or activity that non-disabled children attend, that camps must evaluate each child on an individual basis, and that camps must train their staff in the requirements of the ADA. Camps are obligated to pay for the cost of any reasonable modifications necessary for disabled children to participate in camp activities, and parents should not be charged any additional fee beyond standard camp enrollment costs.
“Summer camps present tremendous growth opportunities for children to learn independence, try new things and gain self-confidence,” said United States Attorney Henry C. Leventis. “Middle Tennessee summer camps should afford those same opportunities to disabled children whose needs can be reasonably accommodated. It is the right thing to do, and it is required by federal law.”
Additional information about the ADA is available at www.ada.gov.
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Franklin Man Indicted on Child Exploitation and Immigration OffensesRead the Press Release
NASHVILLE – A Franklin, Tennessee, man is facing federal criminal charges after law enforcement officers executed multiple search warrants and discovered child pornography and fraudulent immigration documents, announced United States Attorney Henry C. Leventis.
The indictment, returned yesterday by a federal grand jury, charges Camilo Campos-Hurtado, 63, with four counts of sexual exploitation of a minor, one count of receiving visual depictions of minors engaged in sexually explicit conduct, one count of using or possessing fraudulent immigration documents, and one count of possessing an identification document or authentication feature which was stolen or produced without lawful authority.
If convicted, Campos-Hurtado faces a mandatory minimum sentence of fifteen years and a maximum sentence of life in federal prison.
This case was investigated by the Department of Homeland Security and the Franklin Police Department. Assistant U.S. Attorneys Monica R. Morrison and Kathryn Risinger are prosecuting the case.
If you believe that you or someone you know may be a victim of, or have any information about, the conduct alleged in the indictment, please contact the Franklin Police Department at (615) 550-6829 or the Department of Homeland Security at (866) 347-2423.
An indictment is merely an allegation. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Former Tennessee County Corrections Officer Sentenced for Obstructing Federal Civil Rights Investigation into Allegations of Sexual Misconduct with an InmateRead the Press Release
A former corrections officer with the Maury County, Tennessee, Jail, James Stewart Justice, was sentenced on Friday to 15 months in prison and one year of supervised release. A federal jury previously convicted Justice of falsifying a record in a federal civil rights investigation for a report he wrote in response to allegations that he had sexually abused an inmate in his custody.
“This defendant abused his authority as a corrections officer to cover up allegations of sexual misconduct,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Law enforcement officers who oversee our jails and prisons have a responsibility to protect people in their custody. Officers must treat allegations of sexual misconduct seriously and document them carefully. We will continue holding officers accountable when they abuse their position of power to cover up their unlawful conduct.”
“Corrections officers are entrusted with immense power over the inmates in their care. The vast majority of them carry out their important jobs with honor and integrity,” said U.S. Attorney Henry C. Leventis for the Middle District of Tennessee. “This prosecution, and the sentence imposed last week, however, should serve as a reminder that we will not hesitate to hold corrections officers accountable when they violate the law and the public trust.”
“This sentence is the result of relentless efforts by the FBI to bring to justice corrections personnel who abuse their position of trust,” said Special Agent in Charge Douglas S. DePodesta of the FBI Memphis Field Office. “The FBI will continue to work with our partners to ensure the physical safety and civil rights of all individuals and ensure that any public servant who abuses their authority is held accountable.”
According to court documents, the defendant, formerly known as James Stewart Thomas, wrote an official report for the Maury County Jail in response to allegations that he had sexually abused an inmate he had guarded in a hospital room while the inmate recovered from major surgery. In his report, Justice falsely claimed that he had reported to two Maury County Jail supervisors that an inmate had made sexual advances toward him while the inmate was in his custody at the hospital, falsely claimed that those two Maury County Jail supervisors both advised him not to write a report about the inmate’s alleged sexual advances and omitted a claim he later made to criminal investigators that he had a sexual relationship with the inmate after the inmate’s release from custody.
The FBI Memphis Field Office, Nashville Resident Agency investigated the case.
Trial Attorney Kyle Boynton of the Civil Rights Division and Assistant U.S. Attorney Amanda J. Klopf for the Middle District of Tennessee prosecuted the case.
Former Maury County Corrections Officer Sentenced for Obstructing Federal Civil Rights Investigation into Allegations of Sexual Misconduct with an InmateRead the Press Release
NASHVILLE – A former corrections officer with the Maury County, Tennessee, Jail, James Stewart Justice, was sentenced on Friday to 15 months in prison and one year of supervised release. A federal jury previously convicted Justice of falsifying a record in a federal civil rights investigation for a report he wrote in response to allegations that he had sexually abused an inmate in his custody.
“Corrections officers are entrusted with immense power over the inmates in their care. The vast majority of them carry out their important jobs with honor and integrity,” said United States Attorney Henry C. Leventis for the Middle District of Tennessee. “This prosecution, and the sentence imposed last week, however, should serve as a reminder that we will not hesitate to hold corrections officers accountable when they violate the law and the public trust.”
“This defendant abused his authority as a corrections officer to cover up allegations of sexual misconduct,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Law enforcement officers who oversee our jails and prisons have a responsibility to protect people in their custody. Officers must treat allegations of sexual misconduct seriously and document them carefully. We will continue holding officers accountable when they abuse their position of power to cover up their unlawful conduct.”
“This sentence is the result of relentless efforts by the FBI to bring to justice corrections personnel who abuse their position of trust,” said Special Agent in Charge Douglas S. DePodesta of the FBI Memphis Field Office. “The FBI will continue to work with our partners to ensure the physical safety and civil rights of all individuals and ensure that any public servant who abuses their authority is held accountable.”
According to court documents, the defendant, formerly known as James Stewart Thomas, wrote an official report for the Maury County Jail in response to allegations that he had sexually abused an inmate he had guarded in a hospital room while the inmate recovered from major surgery. In his report, Justice falsely claimed that he had reported to two Maury County Jail supervisors that an inmate had made sexual advances toward him while the inmate was in his custody at the hospital, falsely claimed that those two Maury County Jail supervisors both advised him not to write a report about the inmate’s alleged sexual advances and omitted a claim he later made to criminal investigators that he had a sexual relationship with the inmate after the inmate’s release from custody.
The FBI Memphis Field Office, Nashville Resident Agency investigated the case.
Assistant U.S. Attorney Amanda J. Klopf for the Middle District of Tennessee and Trial Attorney Kyle Boynton of the Civil Rights Division prosecuted the case.
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Clarksville Man Sentenced to 25 Years for Selling Fentanyl while on Bond in State Court for MurderRead the Press Release
NASHVILLE – Mark Ellis, 30, of Clarksville, Tennessee was sentenced to 25 years in federal prison today for selling fentanyl while on bond for state murder charges, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee.
Ellis was convicted in May 2023 after a jury trial for Conspiracy to Distribute Fentanyl, Sale of Fentanyl, Possession of over 400 grams of Fentanyl with Intent to Distribute, Possession of a Firearm in Furtherance of a Drug Trafficking Crime, and Possession of a Firearm as a Convicted Felon. The evidence admitted at trial showed that in January 2022, while on bond for a first degree murder indictment, Ellis sold a fentanyl mixture to a confidential informant working at the direction of law enforcement. The evidence showed that Ellis possessed a 9mm pistol during this drug deal. A search warrant was later executed at the home of one of Ellis’ family members in Clarksville where officers seized a pound of fentanyl. At trial, the prosecution played a recording between Ellis and his co-conspirator, Yennifer Angeles, made while Ellis was in jail after his arrest, in which Ellis and Angeles made plans to continue drug trafficking activities even while Ellis remained incarcerated. Angeles pled guilty to Conspiracy to Distribute Fentanyl and was sentenced in August 2023.
Ellis was sentenced to 300 months in federal prison by Chief U.S. District Judge Waverly D. Crenshaw, Jr. at a sentencing hearing this morning. He was previously indicted in Clarksville for murder. That case remains pending in state criminal court.
“Fentanyl continues to poison countless people throughout Middle Tennessee,” said United States Attorney Henry C. Leventis. “Combating fentanyl trafficking is a top priority for this office and we will continue to work aggressively to hold accountable those who deal this deadly drug. Today’s sentence should send a clear message that fentanyl dealers face serious consequences.”
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Clarksville Police Department. Assistant U.S. Attorney Robert E. McGuire prosecuted the case.
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Leader of Drug Trafficking Organization Based in Lewis County, Tennessee, Sentenced to 22 Years in Federal PrisonRead the Press Release
NASHVILLE – Michael Sowell, 39, of Hohenwald, Tennessee, was sentenced yesterday to 22 years in federal prison, followed by 5 years of supervised release, announced United States Attorney Henry C. Leventis.
In May 2023, Sowell pled guilty to conspiracy to distribute and possess with the intent to distribute various drugs, including heroin, methamphetamine, and cocaine; distribution of methamphetamine; possession with intent to distribute heroin, cocaine, and crack cocaine; and possession of a firearm by a previously convicted felon.
The convictions stem from Sowell’s involvement in a large-scale drug trafficking organization that was responsible for distributing substantial quantities of heroin, methamphetamine, and cocaine throughout middle Tennessee between 2017 and 2020. Sowell imported heroin, methamphetamine, and cocaine from California and distributed those drugs to other individuals, many of whom were also charged as part of this case. Sowell admitted that he was aware that the charged conspiracy involved at least two kilograms of heroin, at least six kilograms of cocaine, and over 33 pounds of methamphetamine.
As part of the resolution of this case, Sowell forfeited firearms and ammunition recovered from his house during the execution of a search warrant in 2019, as well as a money judgment in the amount of $200,000, which represents proceeds he obtained from his illegal drug trafficking activity.
The other individuals charged in the Superseding Indictment with Michael Sowell have all pled guilty. Frank Sparkman, 42, of Hohenwald, Tennessee, was sentenced in October 2023 to 15 years in prison; Antonio Sowell, 39, of Hohenwald, Tennessee, was sentenced in January 2024 to 15 years in prison. Charles Lowe-Kelley, 32, of Columbia, Tennessee, was sentenced in February 2024 to 15 years in prison. Antonio Laster, 33, of Nashville, Tennessee, was sentenced in August 2023 to 10 years in prison. Tanasha Vaughn, 24, of Hohenwald, Tennessee, and Darron Weakley, 37, of Nashville, Tennessee, are awaiting sentencing.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
The case was investigated by the Federal Bureau of Investigation; the Drug Enforcement Administration; the Columbia Police Department; the Hohenwald Police Department; the Spring Hill Police Department; and the Williamson County Sheriff’s Office. Assistant U.S. Attorneys Robert S. Levine and Nani M. Gilkerson prosecuted the case.
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U.S. Army Intelligence Analyst Arrested and Charged with Conspiracy to Obtain and Disclose National Defense Information, Export Control Violations and BriberyRead the Press Release
Korbein Schultz, a U.S. Army soldier and intelligence analyst, was arrested today at Fort Campbell following an indictment by a federal grand jury charging him with conspiracy to obtain and disclose national defense information, exporting technical data related to defense articles without a license, conspiracy to export defense articles without a license, and bribery of a public official.
“Mr. Schultz, a member of the U.S. Army, stands accused of conspiring to obtain and provide national defense information to an individual overseas. As part of the conspiracy, the defendant provided sensitive government information to his coconspirator in exchange for thousands of dollars, placing personal profit above the security of the American people,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Today’s arrest shows that such a betrayal does not pay — the Department of Justice is committed to identifying and holding accountable those who would break their oath to protect our nation’s secrets.”
“Protecting national defense information is absolutely critical to our country’s safety and security,” said U.S. Attorney Henry C. Leventis for the Middle District of Tennessee. “The unauthorized sale of such information violates our national security laws, compromises our safety, and cannot be tolerated. Today’s indictment should serve as a reminder of the Justice Department’s vigilance in protecting the United States against any threat to national security, foreign or domestic.”
“The American people rely on our military personnel and clearance holders to serve and protect U.S. interests,” said Executive Assistant Director Larissa L. Knapp of the FBI's National Security Branch. “The conduct alleged in today's indictment represents a grave betrayal of the oath sworn to defend our country. Instead of safeguarding national defense information, the defendant conspired with a foreign national to sell it, potentially endangering our national security.”
“Today’s arrest underscores the unwavering commitment of the Army Counterintelligence Command, our partners at the Department of Justice, and the broader intelligence community in safeguarding our Nation’s secrets,” said Brigadier General Rhett R. Cox, Commanding General of the Army Counterintelligence Command. “We cannot tolerate any betrayal of trust, and we remain vigilant in our mission to protect national defense information crucial to our security. We encourage all members of the Army team, past or present, to remain vigilant and report any potential suspicious activity."
The indictment alleges that from June 2022 until the time of his arrest today, Schultz conspired with an individual, identified as Conspirator A, to disclose documents, writings, plans, maps, notes, and photographs relating to national defense as well as information relating to national defense which Schultz had reason to believe could be used to injure the United States or used to the advantage of a foreign nation. Conspirator A recruited Schultz, who possessed a Top Secret security clearance, and frequently tasked him to gather documents and sensitive U.S. military information. Specifically, Conspirator A tasked Schultz with gathering information related to a variety of U.S. military weapons systems, including classified information, and information related to the United States’ potential plans in the event that Taiwan came under military attack. Some of the information that Schultz provided to Conspirator A included documents related to the High Mobility Artillery Rocket System (HIMARS), information on hypersonic equipment, studies on the future development of U.S. military forces, studies on major countries such as the People’s Republic of China, and summaries of military drills and operations. In exchange for the documents and information, Conspirator A made at least 14 payments to Schultz that totaled approximately $42,000. Throughout the entirety of the conspiracy, Conspirator A represented to Schultz that he lived in Hong Kong and worked for a geopolitical consulting firm based overseas.
During the course of the conspiracy, Schultz also sent Conspirator A three documents that violated the Arms Export Control Act (AECA). The three documents included an Air Force Tactics Techniques and Procedures manual for the HH-60W helicopter, an Air Force Tactics Techniques and Procedures manual for the F22-A fighter aircraft, and an Air Force Tactics Techniques and Procedures manual for intercontinental ballistic missiles.
The FBI and the U.S. Army Counterintelligence Command investigated the case.
Assistant U.S. Attorney Josh Kurtzman for the Middle District of Tennessee and Trial Attorneys Adam Barry and Christopher Cook of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Schultz IndictmentU.S. Army Intelligence Analyst Arrested and Charged with Conspiracy to Obtain and Disclose National Defense Information, Export Control Violations and BriberyRead the Press Release
NASHVILLE – Korbein Schultz, a U.S. Army soldier and intelligence analyst, was arrested today at Fort Campbell following an indictment by a federal grand jury charging him with conspiracy to obtain and disclose national defense information, exporting technical data related to defense articles without a license, conspiracy to export defense articles without a license, and bribery of a public official, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee.
The indictment alleges that from June 2022 until the time of his arrest today, Schultz conspired with an individual, identified as Conspirator A, to disclose documents, writings, plans, maps, notes, and photographs relating to national defense as well as information relating to national defense which Schultz had reason to believe could be used to injure the United States or used to the advantage of a foreign nation. Conspirator A recruited Schultz, who possessed a Top Secret security clearance, and frequently tasked him to gather documents and sensitive U.S. military information. Specifically, Conspirator A tasked Schultz with gathering information related to a variety of U.S. military weapons systems, including classified information, and information related to the United States’ potential plans in the event that Taiwan came under military attack. Some of the information that Schultz provided to Conspirator A included documents related to the High Mobility Artillery Rocket System (HIMARS), information on hypersonic equipment, studies on the future development of U.S. military forces, studies on major countries such as the People’s Republic of China, and summaries of military drills and operations. In exchange for the documents and information, Conspirator A made at least 14 payments to Schultz that totaled approximately $42,000. Throughout the entirety of the conspiracy, Conspirator A represented to Schultz that he lived in Hong Kong and worked for a geopolitical consulting firm based overseas.
During the course of the conspiracy, Schultz also sent Conspirator A three documents that violated the Arms Export Control Act (AECA). The three documents included an Air Force Tactics Techniques and Procedures manual for the HH-60W helicopter, an Air Force Tactics Techniques and Procedures manual for the F22-A fighter aircraft, and an Air Force Tactics Techniques and Procedures manual for intercontinental ballistic missiles.
“Protecting national defense information is absolutely critical to our country’s safety and security,” said United States Attorney Henry C. Leventis. “The unauthorized sale of such information violates our national security laws, compromises our safety, and cannot be tolerated. Today’s indictment should serve as a reminder of the Justice Department’s vigilance in protecting the United States against any threat to national security, foreign or domestic.”
“Mr. Schultz, a member of the U.S. Army, stands accused of conspiring to obtain and provide national defense information to an individual overseas. As part of the conspiracy, the defendant provided sensitive government information to his coconspirator in exchange for thousands of dollars, placing personal profit above the security of the American people,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Today’s arrest shows that such a betrayal does not pay - - the Department of Justice is committed to identifying and holding accountable those who would break their oath to protect our nation’s secrets.”
“As alleged, Korbein Schultz betrayed his oath to defend and protect U.S. national security for personal gain,” said Special Agent in Charge Douglas DePodesta of the FBI Memphis Field Office. “Today’s charges are the first step in holding him accountable for his alleged crimes. The FBI and our partners remain steadfast in our commitment to protecting the American people and U.S. national security."
“Today’s arrest underscores the unwavering commitment of the Army Counterintelligence Command, our partners at the Department of Justice, and the broader intelligence community in safeguarding our Nation’s secrets,” said Brigadier General Rhett R. Cox, Commanding General, Army Counterintelligence Command. “We cannot tolerate any betrayal of trust, and we remain vigilant in our mission to protect national defense information crucial to our security. We encourage all members of the Army team, past or present, to remain vigilant and report any potential suspicious activity."
The FBI and the U.S. Army Counterintelligence Command investigated the case.
Assistant U.S. Attorney Josh Kurtzman for the Middle District of Tennessee and Trial Attorneys Adam Barry and Christopher Cook of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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FBI Electronics Technician Found Guilty of Child Exploitation OffensesRead the Press Release
NASHVILLE – On March 4, 2024, a jury in the Middle District of Tennessee found Justin Carroll guilty of sexual exploitation of a minor, coercion and enticement of a minor to engage in unlawful sexual activity, receipt of child pornography, and transfer of obscene material to an individual under the age of sixteen, announced United States Attorney Henry C. Leventis.
According to evidence presented at trial, between June 2020 and April 27, 2021, Carroll, who was employed by the Federal Bureau of Investigation as an electronics technician, engaged in sexually explicit chats and exchanged sexually explicit images with three fourteen-year-old females over various social media platforms after connecting with the minors on chatting websites. Carroll’s conduct was discovered after one of the victims mailed a Valentine’s Day package to the FBI office. Sexually explicit images of the minor females were found in Carroll’s social media accounts and on his cell phone. Images of Carroll were found in one of the minor’s social media accounts and on another minor’s cell phone. Carroll continued communicating with the fourteen-year-old victim who mailed the package, even after receiving an e-mail from her mother inquiring why her daughter mailed him a package and advising him of her daughter’s age.
“It is no longer adequate to keep our children physically separated from strangers,” said United States Attorney Henry C. Leventis. “We must be vigilant in monitoring who they communicate with online to ensure their safety and to prevent the type of egregious conduct committed by the defendant in this case. I commend the trial team and our law enforcement partners for their excellent work investigating this case and presenting it to the jury.”
“The FBI will continue to find, arrest, and prosecute those who seek to exploit our most vulnerable population, no matter who they are or what their profession is,” said Special Agent in Charge Douglas DePodesta of the FBI Memphis Field Office.
“This individual abused his position of trust as an FBI technician to prey on the vulnerability of children,” said HSI Nashville Special Agent in Charge Rana Saoud. “Thanks to the outstanding teamwork between the dedicated men and women at HSI Nashville and our federal, state and local law enforcement partners, we were able to remove this dangerous predator from the community before he could victimize any more innocent children.”
Carroll will be sentenced on August 9, 2024, by United States District Judge Aleta A. Trauger. He faces a mandatory minimum prison sentence of five years and a maximum sentence of life.
This case was investigated by the Federal Bureau of Investigation and the Department of Homeland Security. Assistant U.S. Attorneys Monica R. Morrison and Juliet Aldridge prosecuted the case.
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Honduran Man Arrested for Retaliating Against a Federal WitnessRead the Press Release
Nashville – A Honduran man was arrested last week in Antioch, Tennessee, after being charged with conspiring to retaliate and retaliating against a witness (Individual A) who testified in a federal trial.
According to court documents, Bayron Wuifredo Santos-Recarte, 25, and his co-conspirators allegedly agreed to, and did, physically assault Individual A because Individual A testified during a racketeer influenced and corrupt organization (RICO) conspiracy federal trial in spring 2023 involving the Mara Salvatrucha street gang, commonly known as MS-13. On November 4, 2023, Santos-Recarte and his co-conspirators allegedly took Individual A by force and at gunpoint and placed him in a truck where they tied his hands together. They allegedly interrogated Individual A for hours about his trial testimony and repeatedly assaulted him before Individual A was able to escape.
Santos-Recarte is charged with conspiring to retaliate and retaliating against a federal witness. If convicted, Santos-Recarte faces a maximum penalty of 20 years in prison for conspiring to retaliate against a federal witness and a maximum penalty of life in prison for retaliating against a federal witness. Santos-Recarte is currently in federal custody.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Acting United States Attorney Thomas J. Jaworski for the Middle District of Tennessee, Special Agent in Charge Marcus Watson of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Nashville Field Division, and Special Agent in Charge Rana Saoud of Homeland Security Investigations (HSI) Nashville made the announcement.
“Our office is grateful for individuals who do the right thing and display the courage to tell a jury about criminal conduct in our community,” said Acting United States Attorney Tom Jaworski. “This arrest shows that our office will not allow threats or retaliation against witnesses to go unpunished. We commend law enforcement for their efforts to see justice done in this case.”
“The integrity and safety of those who participate in our judicial system is at the core of our legal system. The arrest of those individuals who are alleged to have threatened a witness in a criminal trial and inflicted physical harm is a welcomed relief to the citizens of the greater Nashville metropolitan area,” said Special Agent in Charge Marcus Watson.
“For far too long, criminal organizations and transnational gangs like MS-13 have used physical violence and threats of force to intimidate or retaliate against witnesses by reigning terror on local communities,” said HSI Nashville Special Agent in Charge Rana Saoud. “By working together with our federal, state and local law enforcement partners, we root out those who seek to undermine these basic constitutional protections for witnesses and end their lawless behavior.”
ATF, HSI, and the Metropolitan Nashville Police Department are investigating the case.
Trial Attorney Matthew Hoff of the Criminal Division’s Violent Crime and Racketeering Section and Assistant U.S. Attorneys Ahmed Safeeullah and Brooke Farzad for the Middle District of Tennessee are prosecuting this case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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