Middle District of Tennessee
Press releases recorded for this federal judicial district.
Eleven Charged with FACE Act Violations Stemming from 2021 Blockade OF Mount Juliet Reproductive Health ClinicRead the Press Release
NASHVILLE – A federal indictment unsealed today charges eleven individuals with violations of the Freedom of Access to Clinic Entrances (FACE) Act, announced U.S. Attorney Mark H. Wildasin, for the Middle District of Tennessee and Kristen M. Clarke, Assistant Attorney General for the Civil Rights Division.
The indictment, returned on Monday by a federal grand jury sitting in Nashville, charges the following seven individuals with conspiracy against rights secured by the FACE Act, and committing FACE Act violations:
Chester Gallagher, 73, of Lebanon, Tennessee; Heather Idoni, 58; Calvin Zastrow, 57; and Caroline Davis, 24; all of Michigan; Coleman Boyd, 51, of Bolton, Mississippi; Dennis Green, 56, of Cumberland, Virginia; and Paul Vaughn, 55, of Centerville, Tennessee.
The indictment also charges the following individuals with committing FACE Act violations: Eva Edl, 87, of Aiken South Carolina; Eva Zastro, 24, of Dover, Arkansas; James Zastro, 25, of Eldon, Missouri; and Paul Place, 24, of Centerville, Tennessee. All defendants will have appearances scheduled in U.S. District Court in Nashville at a later date.
The indictment alleges that, beginning in February 2021, Chester Gallagher utilized social media to promote a series of anti-abortion events scheduled for March 4-7, 2021, in the Nashville area. Other co-conspirators then utilized Facebook to coordinate travel and logistics and to identify other participants for the blockade. On March 4, 2021, Coleman Boyd and Chester Gallager advertised the blockade of the Carafem Health Center Clinic, in Mount Juliet, Tennessee, which was planned for the following day. In his social media post, Gallagher referred to the blockade as a “rescue.” Boyd also began a Facebook livestream broadcast of the clinic blockade at 7:45 a.m. on March 5, 2021. This livestream broadcast was titled, in part, “Mt. Juliet, TN Rescue March 5, 2021,” and livestreamed the blockade event as his coconspirators and others blocked the clinic’s entry doors and prevented a patient and an employee from entering. The livestream also broadcast members of the group attempting to engage a patient and her companion as Boyd told his livestream audience that the patient was a “mom coming to kill her baby.”
The indictment further alleges that on March 5, 2021, the 11 individuals, aided and abetted by one another, used force and physical obstruction to injure, intimidate, and interfere with employees of the clinic and a patient who was seeking reproductive health services.
If convicted, those charged with conspiracy face up to 11 years in prison and fines of up to $250,000. Others face up to one year in prison for the misdemeanor offense and fines of up to $10,000.
This case was investigated by the FBI and is being prosecuted by the Civil Rights Coordinator of the U.S. Attorney’s Office and trial Attorneys of the Department’s Civil Rights Division.
An indictment is merely an accusation. All defendants are presumed innocent until proven guilty in a court of law.
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Former Clarksville School Nurse Pleads Guilty to Child Pornography ChargesRead the Press Release
NASHVILLE – A former Clarksville, Tennessee, school nurse pleaded guilty today in U.S. District Court to 25 counts of attempting to produce child pornography, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Leon B. Hensley, 41, pleaded guilty prior to the start of a bench trial which was scheduled to begin today.
Hensley, a former nurse at North East High School (NEHS) in Clarksville, was initially charged and arrested in May 2021, following an investigation into allegations that he sent a digital image, via text message, of a nude adult female to a minor female in the Clarksville area. Hensley had been communicating with the minor female via text and asked her to help him with a photo shoot by posing for photos.
Subsequent investigation and a search of Hensley’s phone revealed several images depicting the sexual exploitation of children. During a subsequent search of Hensley’s house, numerous electronic devices were seized, including a small covert video camera. The initial examination of Hensley’s phone led to the discovery of nude images which were identified as minor female students at NEHS. The devices also contained image files depicting unidentified females in hospital rooms, airports, and tanning beds, plus video files that appeared to be upskirt videos of adult and minor females.
Several hundred images were also discovered of minor females using the facilities of a particular bathroom. The images appear to have been taken by a hidden or concealed camera, which was positioned in front of the toilet seat at seat level, in an apparent attempt to capture the lewd and lascivious display of the genitalia. Further investigation determined that the bathroom depicted in the images was the private student bathroom in the nurse’s station at NEHS. Geolocation data on other images showed some that were taken at Tennova Hospital in Clarksville, where Hensley was employed prior to his employment at NEHS.
A superseding indictment returned in June charged Hensley with 25 counts of attempting to produce child pornography and enticing or coercing a minor to engage in sexually explicit conduct for the purpose of producing child pornography.
Hensley faces a mandatory minimum of 15 years in prison on each count, and up to life, when he is sentenced on February 3, 2023.
This case was investigated by Homeland Security Investigations; the U.S. Secret Service; the FBI; and the Clarksville Police Department. Assistant U.S. Attorney Monica Morrison is prosecuting the case.
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Mid-State Man Pleads Guilty to Federal Drug Distribution and Firearms ChargesRead the Press Release
NASHVILLE – Rodd Griffin, 42, of Cunningham, Tennessee, pleaded guilty today in U.S. District Court to possession with intent to distribute methamphetamine and heroin, and possession of a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
According to the plea agreement, law enforcement began investigating Griffin in January 2020, after receiving a tip that he was selling heroin from his home in Cunningham, Tenn. Law enforcement officers then made a series of controlled buys of heroin and methamphetamine from Griffin and also received information that Griffin travelled to Atlanta on a regular basis to pick up large amounts of heroin and methamphetamine.
On January 16, 2020, law enforcement officers executed a search warrant at Griffin’s home and recovered three handguns and two rifles, one of which was a FN M16A2 with a “burst” selector and a suppressor, and embossed with “Property of the U.S. Government.” Officers also seized $40,000 in $5,000 bundles; a total of 1300g of methamphetamine; 232.4g of heroin; and 400g of marijuana.
While officers were conducting the search, Griffin arrived home, and a search of his person and vehicle yielded digital scales and other paraphernalia associated with illegal substances, and more than $6,000 cash, which included some of the buy money from a previous controlled buy.
Griffin was also found to have been previously convicted of a felony and was prohibited from possessing firearms.
The plea agreement, if accepted by the Court, calls for Griffin to be sentenced to 23 years in prison.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; the 19th Judicial District Drug Task Force; and the Montgomery County Sheriff’s Office. Special Assistant U.S. Attorney Steven T. Brantley is prosecuting the case.
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Clarksville Man Convicted of Attempting to Persuade A Minor to Engage in Unlawful Sexual Activity & Other CrimesRead the Press Release
NASHVILLE – A Clarksville, Tennessee, man was convicted yesterday of attempting to persuade a minor to engage in unlawful sexual activity; attempting to transfer obscene material to an individual under the age of sixteen; and destruction of evidence to prevent search or seizure; announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Kevin Figueroa, 33, was found guilty of all counts following a bench trial before Chief U.S. District Judge Waverly D. Crenshaw, Jr.
Figueroa was indicted in April, following an investigation that began in November 2019, after Figueroa initiated online contact with an undercover FBI agent who was posing as a 15-year-old female. Figueroa used the profile of “Spike tkro,” which identified him as a 25-year-old male living in Nashville, Tenn., and was communicating through the online dating application, Meet24. Figueroa continued to message the undercover agent, even after confirming the undercover persona used by the agent was a 15-year-old female, and sent a picture of a penis.
Figueroa continued to communicate with the undercover agent and proposed meeting for sexual activity on November 26, 2019. The meeting was arranged, however Figueroa failed to show. In December 2019, Figueroa again initiated contact with the undercover agent, this time using the mobile dating application MeetMe and the profile of “Kevin F,” a 32-year-old male living in Clarksville. Figueroa turned the conversation to a sexual nature and again suggested meeting for sexual activity, again after confirming the undercover persona was a 15- year-old female. A meeting was eventually arranged for March 17, 2020, at the purported residence of the minor female. When Figueroa arrived at the location, he was met by FBI agents and detained. When Figueroa learned that the agents intended to seize his cell phone, he quickly deleted the Kik messaging application and attempted to delete the Plenty of Fish dating application.
During the course of the investigation and after being charged with these crimes, agents learned that Figueroa had engaged in sexual activity with multiple minor victims before his initial contact with the undercover agent.
Figueroa faces a mandatory minimum of 10 years, and up to life in prison, when he is sentenced on December 2, 2022.
Assistant U.S. Attorneys Monica Morrison and Robert E. McGuire are prosecuting the case.
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Six Mongols Motorcycle Club Members Found Guilty of Racketeering Conspiracy, Including MurderRead the Press Release
A federal jury convicted six Tennessee men Friday for racketeering conspiracy and other charges involving murder, kidnapping, drug trafficking, and other crimes, all stemming from their involvement with the Clarksville chapter of the Mongols Motorcycle Club (Clarksville Mongols).
A seventh man from Kentucky, who was not a member of the Mongols, was also convicted by the same jury of participating in a drug trafficking conspiracy with the Clarksville Mongols.
A federal jury convicted James Wesley Frazier, 34; Aelix Santiago, 34; Michael Forrester, 34; Jamie Hern, 43; William Boylston, 32; and Jason Meyerholz, 48, all of Clarksville, Tennessee, for charges including racketeering conspiracy. Also convicted was Derek Leighton Stanley, 48, of Owensboro, Kentucky, for engaging in a drug trafficking conspiracy.
“The Clarksville Mongols terrorized communities in Tennessee and Kentucky for far too long,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “These convictions underscore the Justice Department’s dedication to disrupting and dismantling violent criminal enterprises.”
According to court documents and evidence presented at trial, the Clarksville Mongols were a violent motorcycle gang operating in and around the city of Clarksville. The Clarksville Mongols were a self-described “outlaw” motorcycle club with ties to Mongols chapters nationwide. Members and associates of the Clarksville Mongols engaged in a host of violent criminal activities, including murder, attempted murder, assault, kidnapping, robbery, extortion, witness tampering, money laundering, interstate travel in aid of racketeering, and large-scale drug trafficking.
In addition, the Clarksville Mongols engaged in widespread violence and, from spring 2015 to spring 2017, they distributed more than 50 pounds of nearly 100% pure methamphetamine, worth approximately $1 million, through their drug trafficking enterprise, in an effort to establish themselves as the area’s dominant motorcycle club.
Evidence at trial demonstrated that the Clarksville Mongols were responsible for the kidnapping and murder of Stephanie Bradley, as well as the separate kidnapping and murder of Stephen Cole. Prior to Bradley’s kidnapping and murder in May 2015, the Clarksville Mongols believed that she had information relating to stolen drugs, money, and guns, and had been disparaging the Clarksville Mongols. Members and associates of the Clarksville Mongols interrogated Bradley, threatening her and demanding that she should not mention the Mongols again. When the Clarksville Mongols learned that Bradley had failed to accede to their demands, she was kidnapped and murdered in the woods behind a cemetery in Bumpus Mills, Tennessee.
Then, in November 2017, Stephen Cole was kidnapped, brutally beaten, and murdered by the Clarksville Mongols. Cole, who had been a member of the Clarksville Mongols, was believed to have stolen motorcycles belonging to William Boylston, a fellow gang member. Boylston felt disrespected by Cole and was concerned about maintaining his standing and reputation among the Clarksville Mongols. Cole was kidnapped and transported to a shed in Trenton, Kentucky, where he was interrogated, tortured, and beaten for hours prior to being murdered.
“This verdict officially ends an era of drug-trafficking, violence, and intimidation inflicted on the people of Clarksville by the Clarksville Mongols,” said U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee. “I commend the investigation and prosecution teams for the enormous amount of time and resources they dedicated during the past seven years to bring every member and associate of this ruthless gang to justice. We look forward to the sentencing phase and seeking lengthy and life sentences for these defendants convicted today.”
“The criminal activities and horrendous acts of violence are dangerous and damaging to everyone involved,” said Special Agent in Carge Mickey French of the ATF’s Nashville Field Division. “We will use all of ATF’s resources to disrupt the illegal possession of firearms, distribution of narcotics, and other violent crimes. We will continue to work tirelessly with our local, state, and federal partners to combat violent crime and maintain public safety within our communities.”
Those convicted were:
Name
Age
Charges
Max Penalty
James Wesley Frazier
34
Racketeering conspiracy; conspiracy to distribute methamphetamine; money laundering conspiracy; kidnapping; kidnapping in aid of racketeering; the murder of Stephanie Bradley in aid of racketeering; firearm offenses; and interstate travel in aid of racketeering.
Life in prison, with a mandatory minimum sentence of: life in prison for murder; 10 years for drug conspiracy; and up to 10 years for the firearms offense to be served consecutive to all other sentences.
Aelix Santiago
34
Racketeering conspiracy; conspiracy to distribute methamphetamine; money laundering conspiracy; firearm offenses; and kidnapping.
Life in prison, with a mandatory minimum sentence of: life in prison for murder; and 10 years for the drug and firearm offenses to be served consecutive to all other sentences.
Michael Forrester
34
Racketeering conspiracy; conspiracy to distribute methamphetamine; money laundering conspiracy; assault with a dangerous weapon in aid of racketeering; conspiracy to commit robbery affecting interstate commerce and robbery affecting interstate commerce; kidnapping; and firearm offenses.
Life in prison, and up to seven years for the firearms offense to be served consecutive to all other sentences.
Jamie Hern
43
Racketeering conspiracy; conspiracy to distribute methamphetamine; money laundering conspiracy; assault with a dangerous weapon in aid of racketeering; firearm offenses; conspiracy to tamper with a witness and witness tampering; and kidnapping.
Life in prison with a mandatory minimum sentence of 10 years for the drug offense and seven years for the firearms offense to be served consecutive to all other sentences
William Boylston
32
Racketeering conspiracy; assault with a dangerous weapon in aid of racketeering; kidnapping resulting in the death of Stephen Cole; kidnapping of Stephen Cole in aid of racketeering; and the murder of Stephen Cole in aid of racketeering.
Life in prison with a mandatory minimum sentence of life for kidnapping and murder, and seven years for the firearms offense to be served consecutive to all other sentences.
Jason Meyerholz
48
Racketeering conspiracy; assault with a dangerous weapon in aid of racketeering; kidnapping resulting in death of Stephen Cole.; kidnapping of Stephen Cole in aid of racketeering; and the murder of Stephen Cole in aid of racketeering
Life in prison with a mandatory minimum sentence of life for kidnapping and murder, and seven years for the firearms offense to be served consecutive to all other sentences.
Derek Leighton Stanley
48
Conspiracy to distribute methamphetamine; money laundering conspiracy; distribution of, or possession with intent to distribute methamphetamine; and interstate travel in aid of racketeering.
Life in prison with a mandatory minimum sentence of 10 years for the drug offenses to be served consecutive to all other sentences.
A federal district court judge will separately determine each defendant’s sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Clarksville Police Department, the Tennessee Bureau of Investigation, and the Kentucky State Police investigated the case.
Trial Attorney Matthew P. Mattis of the Justice Department’s Organized Crime and Gang Section and Assistant U.S. Attorneys Kathryn Risinger and Chris Suedekum for the Middle District of Tennessee are prosecuting the case.
Six Members of Clarksville Mongols Motorcycle Gang Found Guilty of Racketeering Conspiracy, Including MurderRead the Press Release
NASHVILLE –A federal jury convicted six Clarksville, Tennessee, men on Friday for racketeering conspiracy and other charges involving murder, kidnapping, drug trafficking, and other crimes, all stemming from their involvement with the Clarksville chapter of the Mongols Motorcycle Club (Clarksville Mongols).
A seventh man, from Kentucky, who was not a member of the Mongols, was also convicted by the same jury of participating in a drug trafficking conspiracy with the Clarksville Mongols.
After a three-and-a-half-month trial, the jury convicted James Wesley Frazier, 34, Aelix Santiago, 34, Michael Forrester, 34, Jamie Hern, 43, William Boylston, 32, and Jason Meyerholz, 48, all of Clarksville, Tennessee, for charges including racketeering conspiracy. Also convicted was Derek Leighton Stanley, 48, of Owensboro, Kentucky, for engaging in a drug trafficking conspiracy.
“Friday’s verdict officially ends an era of drug-trafficking, violence, and intimidation inflicted on the people of Clarksville by the Clarksville Mongols,” said U.S. Attorney Wildasin. “I commend the investigation and prosecution teams for the enormous amount of time and resources they dedicated during the past seven years to bring every member and associate of this ruthless gang to justice. We look forward to the sentencing phase and seeking appropriate sentences, including life, for these defendants.”
According to court documents and evidence presented at trial, the Clarksville Mongols were a violent motorcycle gang operating in and around the City of Clarksville. The Clarksville Mongols were a self-described “outlaw” motorcycle club with ties to Mongols chapters nationwide and internationally. Members and associates of the Clarksville Mongols engaged in a host of violent criminal activities, including murder, attempted murder, assault, kidnapping, robbery, extortion, witness tampering, money laundering, interstate travel in aid of racketeering, and large-scale drug trafficking.
In addition, the Clarksville Mongols engaged in widespread violence and terrorized the Clarksville area while distributing more than 50 pounds of nearly 100% pure methamphetamine, worth approximately $1 million, through their drug trafficking enterprise, in an effort to establish themselves as the area’s dominant motorcycle club. Violent acts included the kidnapping and murder of Stephanie Bradley, as well as the separate kidnapping and murder of Stephen Cole.
Evidence showed that, prior to Bradley’s kidnapping and murder in May 2015, the Clarksville Mongols believed that she had information relating to stolen drugs, money, and guns, and had been speaking negatively to others about the Clarksville Mongols. Members and associates of the Clarksville Mongols then interrogated Bradley, warning her not to speak about the Mongols again or tell anyone about the interrogation. When the Clarksville Mongols learned that Bradley had failed to accede to their demands, she was kidnapped and driven to a cemetery in Bumpus Mills, Tennessee. Despite begging for her life, Bradley was walked into the woods behind the cemetery and shot numerous times and killed.
Then, in November 2017, Stephen Cole was kidnapped, brutally beaten, and murdered by the Clarksville Mongols. Cole, who had been a member of the Clarksville Mongols, was believed to have stolen motorcycles belonging to defendant, and fellow gang member, William Boylston. Boylston felt disrespected by Cole and was concerned about maintaining his standing and reputation among the Clarksville Mongols. Cole was kidnapped from a house in Clarksville, Tennessee, and transported by defendants Boylston and Meyerholz to a shed in Trenton, Kentucky, where they interrogated, tortured, and beat him for hours, and then murdered Cole by driving a 10-inch tent stake through his head.
Other evidence elicited at trial included allegations regarding:
Setting fire to and destroying the Sin City Motorcycle Clubhouse in Clarksville on May 17, 2015;
Conducting a home invasion in Hopkinsville, Kentucky on July 4, 2015, and pistol whipping the resident and stealing his belongings while holding the victim at knifepoint;
Assaulting two individuals at a residence in Clarksville and holding them at gunpoint while they interrogated one of the victims and searched the residence for drug proceeds on January 17, 2016; and
From Oct. 26, 2016, through on or about Nov. 9, 2016, kidnapping a woman from a hotel in Nashville, and physically assaulting her and threatening her while interrogating her about the death of a co-conspirator member of the Mongols Harbor Chapter in California.
“The Clarksville Mongols terrorized communities in Tennessee and Kentucky for far too long,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Today’s convictions underscore the Justice Department’s dedication to disrupting and dismantling violent criminal enterprises.”
“The criminal activities and horrendous acts of violence are dangerous and damaging to everyone involved,” said Special Agent in Charge Mickey French of the ATF’s Nashville Field Division. “We will use all of ATF’s resources to disrupt the illegal possession of firearms, distribution of narcotics, and other violent crimes. We will continue to work tirelessly with our local, state, and federal partners to combat violent crime and maintain public safety within our communities.”
The convictions are as follows:
Name
Age
Charges
Maximum Penalty
James Wesley Frazier
34
racketeering conspiracy; conspiracy to distribute methamphetamine; money laundering conspiracy; kidnapping; kidnapping in aid of racketeering; the murder of Stephanie Bradley in aid of racketeering; firearm offenses; and interstate travel in aid of racketeering.
Mandatory life in prison
Aelix Santiago
34
racketeering conspiracy; conspiracy to distribute methamphetamine; money laundering conspiracy; firearm offenses; and kidnapping.
Up to life in prison
Michael Forrester
34
racketeering conspiracy; conspiracy to distribute methamphetamine; money laundering conspiracy; conspiracy to commit robbery affecting interstate commerce and robbery affecting interstate commerce; kidnapping; and firearms offenses.
Up to life in prison
Jamie Hern
43
racketeering conspiracy; conspiracy to distribute methamphetamine; money laundering conspiracy; assault with a dangerous weapon in aid of racketeering; firearm offenses; conspiracy to tamper with a witness and witness tampering; and kidnapping.
Up to life in prison
William Boylston
32
racketeering conspiracy; assault with a dangerous weapon in aid of racketeering; kidnapping resulting in the death of Stephen Cole; kidnapping of Stephen Cole in aid of racketeering; and the murder of Stephen Cole in aid of racketeering.
Mandatory life in prison
Jason Meyerholz
48
racketeering conspiracy; assault with a dangerous weapon in aid of racketeering; kidnapping resulting in death of Stephen Cole; kidnapping of Stephen Cole in aid of racketeering; and the murder of Stephen Cole in aid of racketeering
Mandatory life in prison
Derek Leighton Stanley
48
conspiracy to distribute methamphetamine; money laundering conspiracy; distribution of, or possession with intent to distribute methamphetamine; and interstate travel in aid of racketeering.
Up to life in prison
As a result of this seven-year investigation, 21 Clarksville Mongols members and associates were charged with federal offenses. In addition to the seven defendants convicted Friday, 13 previously pleaded guilty and two, including Stephen Cole, are deceased.
Chief U.S. District Judge Waverly D. Crenshaw, Jr., will separately determine each defendant’s sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
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 P. Mattis of the Justice Department’s Organized Crime & Gang Section are prosecuting the case.
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Three California Men Charged in Conspiracy to Ship Fentanyl-Laced Oxycodone to Middle Tennessee and Other StatesRead the Press Release
NASHVILLE – Three Santa Rosa, California men were arrested in California yesterday and charged with conspiring to distribute and possess with the intent to distribute controlled substances in middle Tennessee, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Matthew Cox, 26, Marcus Johnson, 24, and Ricardo Molinero-Alcarez, 27, were arraigned before a U.S. Magistrate Judge in the Northern District of California today and will be transported to the Middle District of Tennessee at a later date.
According to the criminal complaint, agents with the Drug Enforcement Administration and Homeland Security Investigations were investigating the distribution of counterfeit fentanyl-laced Oxycodone tablets with the inscription “M30,” being shipped from the Santa Rosa area to Virginia, and to more than a dozen other states, including Tennessee. Subsequent investigation, including surveillance and the review of social media sites and mobile payment records, identified the trio charged today.
During the investigation, agents determined that the drug distribution network was tied to other individuals in Columbia, Tennessee, and that fentanyl laced tablets were being shipped to middle Tennessee. During a recent search in Columbia, law enforcement recovered a loaded firearm 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 approximately 2.4 kilograms. The package also contained more than eight pounds of methamphetamine.
On August 9, 2022, agents intercepted two packages from the Santa Rosa area which were destined for residences in Nashville. One package contained 472 grams of the Oxycodone “M30” tablets and the other package contained approximately four pounds of methamphetamine.
If convicted, each defendant faces up to 20 years in prison.
This case is being investigated by the DEA; Homeland Security Investigations; the U.S. Postal Inspection Service; the FBI; and the Columbia Police Department. Assistant U.S. Attorney Ahmed Safeeullah is prosecuting the case.
A criminal complaint is merely an accusation. The defendants are presumed innocent until proven guilty in a court of law.
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Pharmacy & Bank Robberies Net Nashville Man Lengthy Federal Prison SentenceRead the Press Release
NASHVILLE – A Nashville man convicted of robbing a pharmacy and a bank in 2020, will spend 13 years in federal prison, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
David Powell, aka Dawud Powell, 31, was sentenced Friday by U.S. District Judge William L. Campbell, Jr.
Powell was initially arrested on a criminal complaint on August 25, 2020, and charged with the August 19th robbery of the Walgreens Pharmacy on Nolensville Pike, in which he brandished a handgun and demanded that the pharmacist give him all of the Hydrocodone, Oxycodone, and Lortab. The pharmacist complied and the robber placed the bottles of drugs in a white bag and fled the store.
The investigation by responding officers and detectives from the Metropolitan Nashville Police Department led them to the area of West Valley Drive where they observed an individual exiting a vehicle and carrying a white bag. The individual ignored the officers’ commands to stop, and he fled, jumping a nearby fence. Subsequent investigation by FBI agents identified Powell as the suspect.
At the time of Powell’s arrest, he was in possession of four handguns, additional magazines and marijuana. Two additional firearms were found in the vehicle he was occupying. At the time of his arrest, Powell was on federal supervised release out of the Northern District of Illinois, where he was previously convicted for being a felon in possession of a firearm.
Powell was also found to be responsible for the January 3, 2020, robbery of the Fifth-Third Bank on Old Hickory Boulevard, based on a DNA analysis of a pair of discarded pants that were found in the woods while searching for the suspect immediately following the robbery.
In May, Powell pleaded guilty to armed pharmacy robbery; brandishing a firearm during and in relation to a crime of violence; being a convicted felon in possession of a firearm; and bank robbery.
U.S. Attorney Wildasin commended the FBI and the Metropolitan Nashville Police Department, and Assistant U.S. Attorney Joseph P. Montminy, for their work in the investigation and prosecution of this case which removes another dangerous offender from the community for an extended period of time.
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Tennessee State Representative and Former Chief of Staff Charged with Bribery and Kickback ConspiracyRead the Press Release
A Tennessee state representative and his former chief of staff were arrested today at their homes on criminal charges related to a bribery and kickback conspiracy.
According to court documents, State Representative Glen Casada, 63, of Franklin, and Cade Cothren, 35, of Nashville, are charged with conspiracy to commit theft from programs receiving federal funds; bribery and kickbacks concerning programs receiving federal funds; honest services wire fraud; and conspiracy to commit money laundering. Both will make initial appearances in federal court later today.
According to allegations in the indictment, beginning in and around October 2019, Casada – while representing Tennessee House District 63; Cothren; and another conspirator – also a member of the Tennessee House of Representatives, engaged in a fraudulent scheme to enrich themselves by exploiting Casada and the other conspirator’s official positions as legislators to obtain state approval of a company called Phoenix Solutions as vendor to provide constituent mail services to members of the Tennessee General Assembly. Casada, Cothren, and the other conspirator further allegedly sought to obtain State funds for Phoenix Solutions, Casada’s political consulting business, and a political consulting business owned by the other conspirator. Casada and the other conspirator are alleged to have enriched themselves by obtaining bribes and kickbacks from Cothren, in exchange for securing the approval of Phoenix Solutions as a mailer program vendor.
The indictment alleges that the conspirators told members of the Tennessee General Assembly that Phoenix Solutions was run by an individual named “Matthew Phoenix,” an experienced political consultant who had previously worked for a Washington, D.C.-based consulting firm. In fact, Cothren operated Phoenix Solutions, and Casada, Cothren, and the other conspirator allegedly knew that “Matthew Phoenix” was a fictitious person and secretly profited from the fraudulent venture. Casada, Cothren, and the other conspirator allegedly concealed their involvement in Phoenix Solutions by submitting sham invoices to the State of Tennessee in the names of political consulting companies owned by Casada and the other conspirator, for the purpose of secretly funneling money from the State to Phoenix Solutions through the bank accounts of these companies. In 2020, these companies and Phoenix Solutions allegedly received approximately $51,947 from the State in payments associated with the mailer program.
If convicted, Casada and Cothren each face a maximum penalty of 20 years in prison for certain individual counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; and U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee made the announcement.
The FBI is investigating the case.
Trial Attorney John P. Taddei of the Justice Department’s Public Integrity Section and Assistant U.S. Attorney Amanda J. Klopf for the Middle District of Tennessee 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.
Tennessee State Representative & Former Chief of Staff Indicted in Bribery & Kickback ConspiracyRead the Press Release
NASHVILLE –Tennessee State Representative Glen Casada, 63, of Franklin, Tennessee, and his former Chief of Staff Cade Cothren, 35, of Nashville, were indicted by a federal grand jury yesterday and charged with conspiracy to commit the following offenses: theft from programs receiving federal funds; bribery and kickbacks concerning programs receiving federal funds; honest services wire fraud; and conspiracy to commit money laundering. Both were arrested at their homes this morning by FBI agents and will make initial appearances before a U.S. Magistrate Judge later today.
The announcement was made by Mark H. Wildasin, U.S. Attorney for the Middle District of Tennessee and Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division.
The 20-count indictment, unsealed this morning, also charges Casada and Cothren with using a fictitious name to carry out a fraud; theft concerning programs receiving federal funds; eight counts of money laundering; six counts of honest services wire fraud; and two counts of bribery and kickbacks.
According to the indictment, beginning in and around October 2019, Casada, while representing Tennessee House District 63, Cothren, and another conspirator, also a member of the Tennessee House of Representatives, engaged in a fraudulent scheme to enrich themselves by exploiting Casada and the other conspirator’s official positions as legislators to obtain State approval of Phoenix Solutions as a Mailer Program vendor to provide constituent mail services to members of the Tennessee General Assembly. Casada, Cothren, and the other conspirator further sought to obtain State funds for Phoenix Solutions, Casada’s political consulting business, and a political consulting business owned by the other conspirator. It was further part of the conspiracy for Casada and the other conspirator to enrich themselves by obtaining bribes and kickbacks from Cothren, in exchange for securing the approval of Phoenix Solutions as a mailer program vendor.
The indictment alleges that Casada and the other conspirator told members of the Tennessee General Assembly that Phoenix Solutions was run by an individual named “Matthew Phoenix,” an experienced political consultant who had previously worked for a Washington, D.C.-based consulting firm. In fact, Cothren operated Phoenix Solutions, and Casada, Cothren, and the other conspirator knew that “Matthew Phoenix” was a fictitious person and secretly profited from the fraudulent venture. Casada, Cothren, and the other conspirator concealed their involvement in Phoenix Solutions by submitting sham invoices to the State of Tennessee in the names of political consulting companies owned by Casada and the other conspirator, for the purpose of secretly funneling money from the State to Phoenix Solutions through the bank accounts of these companies. In 2020, these companies and Phoenix solutions received approximately $51,947 from the State in payments associated with the mailer program.
The indictment also contains a forfeiture allegation in which the United States seeks to recover all proceeds of the crimes, including a money judgement representing the value of the proceeds traceable to any offense of conviction.
If convicted, Casada and Cothren each face up to 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by the FBI. Assistant U.S. Attorney Amanda J. Klopf and Trial attorney John P. Taddei of the Justice Department’s Public Integrity Section are prosecuting the case.
An indictment is merely an accusation. The defendants are presumed innocent until proven guilty in a court of law.
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Former Executive Director of Drug Prevention Coalition Sentenced to Federal PrisonRead the Press Release
NASHVILLE – Patrick Martin, 51, of Gainesboro, Tennessee, was sentenced Friday to 15 months in prison for embezzling approximately $211,000 from the Community Prevention Coalition of Jackson County while serving as the Coalition’s Executive Director, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Martin was initially charged in May 2019 and pleaded guilty in August 2021 to wire fraud, failure to pay over employment taxes, and filing a false income tax return.
According to Court documents, beginning in 2014, Martin submitted applications to an agency of the Department of Health and Human Services for Drug Free Communities program grants and received awards for the Coalition totaling $375,000 over three years. Martin was supposed to use the grant funds on behalf of the Coalition, but instead used the money for his own personal benefit, including to make an automobile purchase, pay personal bills, make home renovations, and financially support someone outside of his family.
As the Executive Director of the Coalition, Martin also was responsible for paying over certain employment taxes withheld from employees’ paychecks to the IRS. Martin failed to do so and used this money for his own personal benefit as well. Martin also filed false income tax returns with the IRS for tax years 2014 and 2015, failing to report the income from his embezzlement scheme.
Martin was also ordered to pay restitution in the amount of $507,373.76, with $375,000 to be paid to the U.S. Department of Health & Human Services Substance Abuse and Mental Health Services Administration, the agency that awarded the grant; and $132,373.76 to be paid to the IRS. Martin was also ordered to forfeit $211,795.84.
This case was investigated by the Federal Bureau of Investigation; the U.S. Department of Health and Human Services, Office of Inspector General; the IRS - Criminal Investigation; and the Tennessee Comptroller of the Treasury. Assistant United States Attorney Robert S. Levine prosecuted the case.
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Two Nashville Pharmacies Agree to Pay $250,000 in Civil Penalties to Settle Allegations of Controlled Substance Act ViolationsRead the Press Release
NASHVILLE – Bradley Home Health Care Center, Inc. and Bradley Extended Care, Inc. have agreed to pay $250,000 in civil monetary penalties to resolve allegations that they violated the recordkeeping requirements of the Controlled Substances Act (CSA), announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee. Bradley Home Health Care Center does business as Bradley Drug Company, and both companies operate pharmacies in Nashville
The United States alleged that Bradley Drug and Bradley Extended Care failed to maintain complete and accurate records of the movement of controlled substances, and omitted material information on multiple forms required by the Drug Enforcement Administration (DEA) that are used to order and track controlled substances. The United States also alleged that Bradley Extended Care transferred more than 5% of its controlled substance stock to Bradley Drug without registering as a distributor.
“Complete and accurate records are vital to ensure the safe distribution of controlled substances and to protect against improper diversion,” said U.S. Attorney Wildasin. “Our Office is committed to and expects total compliance with the closed system of drugs created by the Controlled Substances Act.”
“Proper recordkeeping is an essential step in preventing the diversion of controlled substances,” said Special Agent in Charge Todd Scott, head of the DEA’s Louisville Division. “All DEA registrants are expected to fully comply with the Controlled Substances Act; those who don’t can expect to be penalized accordingly.”
Congress passed the CSA to combat the illegal distribution and abuse of controlled substances, including prescription medications. Under the CSA, entities registered with the DEA who purchase, distribute, dispense, transfer, or sell controlled substances must comply with strict inventory and documentation requirements. Regulations promulgated under the CSA require that each DEA registrant, including narcotic treatment programs, maintain complete and accurate inventories and records of each substance manufactured, received, sold, delivered, dispensed, or otherwise disposed of by the registrant for two years. These requirements play a vital role in ensuring the appropriate handling, accounting, and distribution of controlled substances.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
This case was investigated by the DEA’s Louisville Division - Nashville District Office, Diversion Group. The United States was represented by Assistant U.S. Attorney Ellen Bowden McIntyre.
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Owner & Operator of Former Nashville-Based Lowry Medical Supply, Inc. Charged in HealthCare Fraud ConspiracyRead the Press Release
NASHVILLE – A 14-count felony Information was filed today charging Tache “Gabe” Georgescu, 45, and Natalia Georgescu, 38, both of Laguna Niguel, California, owner and operator of now defunct Lowry Medical Supply, Inc. (Lowry Medical) in Nashville, Tennessee, with conspiracy to commit healthcare fraud and paying illegal kickbacks, announced US. Attorney Mark H. Wildasin for the Middle District of Tennessee.
According to the charging document, in November 2017, the Georgescus purchased Lowry Medical, a durable medical equipment (DME). In 2018, the Georgescus purchased three other DME companies located in Florida, but which were operated interchangeably with Nashville-based Lowry Medical, including Medpros Associates LLC; Alliance DME LLC; and AYMS LLC., all of which are also now defunct. These Georgescu-controlled DME companies received nearly all their revenue from billing Medicare for orthotic braces.
The charging document alleges the Georgescus’ payment of illegal kickbacks and bribes in exchange for the referral of Medicare beneficiaries by medical professionals, working with fraudulent telemedicine companies, for back, shoulder, wrist, and knee braces that are medically unnecessary. Some of the charges concern luring Medicare beneficiaries, who were elderly or suffering from dementia, into a criminal scheme where the Georgescus’ mailed orthotic braces that these beneficiaries never asked for, never wanted, and never needed. They then billed Medicare for the cost of the orthotic braces.
In the summer of 2018, a Medicare accrediting agency advised the Georgescus that Lowry Medical was violating Medicare rules in many ways, including using a lead generation entity to buy doctors’ orders, contacting beneficiaries without their consent, sending orthotic braces to beneficiaries which those beneficiaries did not want or need, and refusing to allow the beneficiaries to return the orthotic braces. Despite these warnings, the Georgescus did not change their practices.
In just 17 months, the Georgescus paid so-called marketing companies approximately $7.8 million in illegal kickbacks and bribes in exchange for those marketing companies providing the Georgescus with ready to bill doctors’ orders for orthotic braces for Medicare beneficiaries. In turn, the Georgescus billed Medicare approximately $30 million for orthotic brace orders during this same period.
The Information also contains a forfeiture allegation in which the United States seeks to recover a money judgment in the amount of $4,172,553, which represents the value of proceeds obtained from the illegal conduct between August 2018 through April 2019.
If convicted, the defendants face up to ten years in prison.
This case is being investigated by the U.S. Department of Health & Human Services-Office of Inspector General. Assistant U.S. Attorney Thomas J. Jaworski and Christopher J. Suedekum are prosecuting the case. Assistant U.S. Attorney Matthew Blackburn is handling the forfeiture.
The charges are merely accusations. The defendants are presumed innocent until proven guilty in a court of law.
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Federal Assault Charge Follows Early Morning Shootout with Federal AgentsRead the Press Release
NASHVILLE – Michael Clay, 30, of Nashville, was charged today with assaulting a federal officer, following an early morning shootout that occurred during the execution of an arrest warrant, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
According to the criminal complaint, Deputy U.S. Marshals and officers with the U.S. Marshals Fugitive Task Force went to a residence on University Court, in Nashville, to execute a criminal homicide arrest warrant for Clay. Officers entered the residence and learned that Clay was upstairs and armed with an AR-style rifle. Attempts were made to have Clay come downstairs. Instead of coming downstairs, however, Clay pointed the rifle down the stairs in the direction of officers. Officers then heard a “click” followed by the sound of racking ammunition into the rifle’s chamber. Clay then fired several times at the officers and the officer’s exchanged gunfire, wounding Clay.
The charge carries a penalty of up to 20 years in prison upon conviction.
This case is being investigated by the FBI, and Assistant U.S. Attorney Ahmed Safeeullah is prosecuting the case.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
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Nashville Man Sentenced to Federal Prison for Drug & Firearms ViolationsRead the Press Release
NASHVILLE – A Nashville, Tennessee man was sentenced to 15 years in federal prison today for drug and firearms violations, announced U.S. Attorney Mark H. Wildasin.
Anthony Ussery, 40, pleaded guilty in May to being a convicted felon in possession of a firearm; being a convicted felon in possession of ammunition; and possession with intent to distribute more than 40 grams of fentanyl.
According to Court records, On May 8, 2019, officers with the Metropolitan Nashville Police Department (MNPD) responded to a shots fired call at the intersection of East Trinity Lane and Meridian Street and discovered two victims with gunshot wounds. Video footage from a nearby business showed a black sedan approach the victims, at which point an individual fired multiple shots before fleeing the scene. The subsequent investigation identified Ussery as the shooter and the two victims, who are brothers, believed the shooting occurred as a result of a recent dispute with Ussery. Ussery was later arrested and charged by MNPD in relation to this shooting.
On March 23, 2021, while out on bond for the May 2019 shooting, Ussery was stopped by a Nashville Airport Authority police officer for a traffic violation and was found to be in possession of 57 grams of fentanyl and a loaded 9mm pistol. On March 25, 2021, a federal criminal complaint charged Ussery with federal crimes and he was subsequently indicted by a federal grand jury on July 13, 2021.
Ussery has four prior felony convictions, including attempted robbery; manslaughter; facilitation of the sale of drugs; and possession with intent to distribute Schedule IV controlled substances. In sentencing Ussery, the Court found that these convictions qualified him as an Armed Career Criminal, subjecting him to a mandatory minimum of 15 years in prison.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; the Metropolitan Nashville Police Department; and the Nashville Airport Authority Department of Public Safety. Assistant U.S. Attorneys Josh Kurtzman and Dwight Artis prosecuted the case.
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Nashville Man Pleads Guilty to Federal Firearms Charge After Hiding Cache of Weapons in Detention CenterRead the Press Release
NASHVILLE – A Nashville, Tennessee man scheduled for trial in U.S. District Court next week pleaded guilty today to being a convicted felon in possession of a firearm, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Alexander Friedmann, 52, was charged in May 2020, after an elaborate scheme was uncovered in which Friedman hid a variety of weapons and accessories in the Davidson County Downtown Detention Center (DDC) while it was under construction. Friedmann was found guilty last month of felony vandalism by a state trial jury.
“Whatever sinister plan Friedmann had intended was foiled by the keen attention to detail by DCSO employees,” said U.S. Attorney Wildasin. “I commend these dedicated law enforcement professionals who made the initial discovery and our other local and federal partners who initiated an enormous response to ensure the safety of all when the facility opened. “Through their efforts, the possibility for unspeakable tragedy was avoided.”
According to Court documents, in late December 2019, while preparing for the January 2020 opening of the facility, Davidson County Sherriff’s Office (DCSO) employees discovered two keys missing from the facility’s key control room. A review of video surveillance footage revealed that an individual, dressed in clothing consistent with facility construction workers, had entered the room and taken two keys to secure areas of the facility. On January 4, 2020, the same individual, later identified as Friedmann, was located on the property. Friedmann was wearing a yellow reflective vest, a hard hat, protective gloves, and a dust mask covering his face. Friedmann told DCSO employees he was there working, but it was determined that he was not employed by the construction company or any of its contractors. Friedmann was detained by the DCSO, and subsequently arrested by the Metropolitan Nashville Police Department. At the time of his arrest, Friedmann had a hand drawn schematic of a portion of the DDC, which he attempted to destroy by chewing it up and swallowing.
A subsequent review of historical surveillance footage determined that, beginning in August 2019, an individual dressed as a construction worker and alleged to be Friedmann, entered the facility on at least 10 occasions, sometimes accompanied by an accomplice who acted as a lookout. The individual was observed on video on several occasions removing material from the expansion joints in block walls and caulk from window areas, after which he placed items inside and covered the joints with another material. On other occasions, he was observed checking different parts of the facility and making notes. Based on the video evidence, a search of the identified areas of the facility was conducted on February 10, 2020, and investigators recovered three handguns, ammunition, handcuff keys, razor blades, and other items.
Subsequent investigation determined that Friedmann owned a condominium in a complex in Nashville and contracted an individual to build a 200 square foot fire-proof storage area in a basement area of one of the buildings. This storage area was constructed out of concrete block. When law enforcement executed a search warrant at this location on March 13, 2020, it appeared that this room was used as a practice facility. Investigators noticed several inconsistencies in the mortar joints of the block walls, similar to those discovered earlier at the DDC. It was also determined that Friedmann had recently moved several locked storage crates from the room to a friend’s house on Whites Creek Pike in Joelton, Tennessee.
On March 20, 2020, a search warrant was executed at the Joelton location, and investigators recovered several crates, which contained 21 firearms, including assault rifles, handguns, shotguns and a 37mm launcher.
Friedmann has been convicted of prior felonies, including armed robbery; assault with intent to commit first degree murder; and attempted aggravated robbery. Sentencing is scheduled for January 4, 2023.
This case was investigated by the FBI; the Bureau of Alcohol, Tobacco, Firearms & explosives; the Metropolitan Nashville Police Department and the Davidson County Sheriff’s Office. Assistant U.S. Attorney Rob McGuire is prosecuting the case.
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Former Fort Campbell Soldier & Wife Sentenced to Federal Prison for Child Pornography CrimesRead the Press Release
NASHVILLE – Kara Adkins, 38, and Robert Adkins, 42, both of Clarksville, Tennessee, were sentenced yesterday to federal prison for child pornography crimes, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Kara Adkins was sentenced to 260 months in prison and Robert Adkins was sentenced to 10 years in prison. The Court also ordered Kara Adkins to be placed on supervised release for 10 years and Robert Adkins for eight years. Both were indicted in January 2018 for conspiracy to produce child pornography and other related charges and pleaded guilty in October 2021. Kara Adkins pleaded guilty to production, transportation, and possession of child sexual abuse material. Robert Adkins pleaded guilty to receipt and possession of child sexual abuse material.
According to court records, Kara Adkins and Robert Adkins used a texting application to communicate with each other while Kara Adkins lived in the Middle District of Tennessee and Robert Adkins was deployed overseas. Both defendants discussed engaging in sexual activity with five different children that they had access to at various times. The chats, which included discussions of prior, current, and future sexual abuse of the children, were detailed and explicit. The chats were extensive and amounted to hundreds of pages. During these discussions, Kara Adkins sent Robert Adkins numerous images of her sexually abusing a young child. After receiving those images, Robert Adkins requested more explicit images of the child and discussed his desire to engage in additional sexual exploitation of children.
The sexual abuse material depicted infants, toddlers, and prepubescent children. Kara Adkins was found to be in possession of several hundred images of child sexual abuse, and Robert Akins was found to be in possession of approximately 92 images of the same.
According to Court documents, Robert Adkins was subsequently discharged from the United States Army due to his involvement in this conduct.
This matter was investigated by the FBI, the U.S. Army Criminal Investigation Division, and the Montgomery County Sheriff’s Office. Assistant U.S. Attorney Carrie Daughtrey prosecuted the case.
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Former Executive Vice President of T.J. Martell Foundation Sentenced to Federal PrisonRead the Press Release
NASHVILLE – Melissa Goodwin, 56, the former Executive Vice President and General Manager of the T.J. Martel Foundation for Cancer Research, was sentenced today to four years in prison for embezzling more than $3.7 Million from the Foundation, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee. U.S. District Judge William L. Campbell, Jr., also ordered Goodwin to pay $3,949,800.70 in restitution.
Goodwin was charged with wire fraud in January and pleaded guilty in February to devising and operating a scheme to defraud the Foundation by purchasing approximately $3.96 million in tickets from online ticket vendors Ticketmaster, Stubhub, Primesport, and On-Location, using a Foundation credit card she had obtained in her own name. These tickets were not for a legitimate Foundation purpose and included tickets to musical events, such as Lady Gaga and Celine Dion concerts, and sporting events, such as Super Bowl LIV, which was scheduled to take place in Miami, Florida, on February 2, 2020.
Goodwin provided these tickets to an individual in New York City who owned and operated a charity auction business. This business conducted auctions for clients, offering consignment items such as event tickets and sports memorabilia to the clients for use in their auctions. As part of the scheme, Goodwin led this individual to believe that she had acquired the tickets at no cost or at a discounted rate. Goodwin also used the Foundation’s credit card to purchase other items that were not for legitimate Foundation purposes, such as expensive and rare alcohols, plane tickets, and hotel stays. She then used the Foundation’s bank accounts to pay the credit card charges.
In order to conceal the ticket purchases, Goodwin provided falsified credit card statements and false expense reports to the Foundation’s accounting firm. Goodwin falsified the credit card statements by altering them to conceal the ticket purchases, as well as other expenses. She often replaced the name of the actual vendor with the name of a different vendor so that the charges appeared to be legitimate Foundation expenses. In total, Goodwin concealed over $3 million in fraudulent credit card expenses.
The Foundation’s accounting firm prepared the Foundation’s periodic financial statements based on these falsified credit card statements and expense reports. The accounting firm then emailed those statements to Goodwin, whose job it was to provide them to the Foundation’s CEO.
However, before providing them to the CEO, Goodwin falsified those financial statements by inflating the Foundation’s assets and lowering its liabilities to make the Foundation appear to be more liquid than it was at the time. These falsifications prevented the Foundation from detecting Goodwin’s fraudulent transactions.
In addition to falsifying the credit card statements and financial statements, Goodwin forged the signature of the Foundation’s CEO on six checks totaling $966,275.78 that were not approved by the Foundation.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Kathryn W. Booth.
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Nashville Man Convicted in Music City Pawn Robbery Headed to Federal PrisonRead the Press Release
NASHVILLE – A Nashville, Tennessee man convicted last summer for his role in the robbery of Music City Pawn in June 2018, was sentenced today to 17 ½ years in federal prison, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Herbert Marsh, 32, convicted by a federal jury last year of conspiracy, robbery, theft, possession of stolen firearms, being a convicted felon in possession of firearms, and witness tampering, was sentenced this morning by U.S. District Judge William L. Campbell, Jr. Two others, also charged in the robbery, James Horton, 28, and Hakeem Mannie, 32, previously pleaded guilty to the charges. Mannie was sentenced in January 2019 to 176 months in prison and Horton was sentenced in August 2021 to 64 months in prison.
“I commend our law enforcement partners and prosecution team for taking these violent offenders off of our streets and out of our communities,” said U.S. Attorney Wildasin. “Our efforts to drive down violent crime will continue unabated as we will work diligently with our law enforcement partners to hold dangerous criminals accountable.”
On June 26, 2018, the trio robbed Music City Pawn on Nolensville Pike, taking 11 firearms and nearly $8,000 in cash. The trio entered the store wearing masks and gloves and one was armed with a handgun equipped with an extended magazine and a weapon-mounted light. Two employees were then ordered to the ground and bound with cable, while another employee was dragged to the rear of the store and ordered to open the safe. After taking the firearms and cash, the assailants fled the store in a U-Haul van.
Metropolitan Nashville police officers later stopped a BMW at the intersection of 24th Ave. N. and Rosa Parks Blvd. for a traffic violation. Officers identified James Horton as the driver and Mannie and Marsh as two of the three passengers. During the subsequent investigation, five stolen firearms were recovered from the vehicle, four of which were taken during the robbery at Music City Pawn. Video surveillance and witness statements also linked the trio to the robbery as well as the recovery of the U-Haul van at Marsh’s sister’s house, which was used during the getaway.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Metropolitan Nashville Police Department. Assistant U.S. Attorneys Brooke K. Schiferle and Juliet Aldridge prosecuted the case.
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Grand Jury Charges Eight People in Spring Hill-Based Crestar Labs, LLC Medicare & Medicaid Fraud ConspiracyRead the Press Release
NASHVILLE – A federal grand jury in Nashville on Monday returned a 40-count second superseding indictment, charging eight people in a Medicare and Medicaid fraud conspiracy, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
The indictment was unsealed earlier today, following the arrests of five of those charged. Three others were arrested previously following earlier indictments.
Fadel Alshalabi, 54, of Waxhaw, North Carolina, was originally charged in July 2021, with conspiracy and violation of the Anti-Kickback Statute for his role in orchestrating a fraudulent Medicare and Medicaid billing scheme related to genetic testing. Alshalabi is the owner and Chief Executive Officer of a series of laboratories based in Spring Hill, Tennessee, called Crestar Labs, LLC (Crestar). Monday’s second superseding indictment charges Alshalabi and seven others with health care fraud, conspiracy to commit health care fraud, and conspiracy to violate and violations of the Anti-Kickback Statute. Alshalabi is also charged with money laundering.
Others charged in the second superseding indictment are Edward D. Klapp, 63, of Jupiter, Florida, the former Vice President of Sales for Crestar; Melissa L. Chastain, 57, of Belton, South Carolina, the owner and Chief Executive Officer of Genetix LLC, a marketing company that contracted with Crestar; Roger Allison, 64, of Greenville, South Carolina, the President of Genetix; Dakota White, 28, of Easley, South Carolina, the former Director of Client Services and Vice President of Operations for Crestar; Robert Alan Richardson, 53, of Silver Spring, Maryland, a principal of Freedom Medical Labs, LLC, a marketing company that contracted with Crestar; Edward Burch, 53 of Rockville, Maryland, also a principal of Freedom Medical Labs, LLC; and Samuel Harris, 27, of Salt Lake City, Utah, the owner of Secure Health, also a marketing company that contracted with Crestar. Edward Klapp and Lisa Chastain were originally charged in a first superseding indictment in October 2021.
The second superseding indictment alleges that the co-conspirators entered into sham contracts and paid kickbacks in exchange for genetic testing and urine analysis samples. This included targeting and recruiting elderly patients who were federal health care program beneficiaries in order to obtain their genetic material for conducting genetic tests. Marketers, who were not health care professionals, obtained swabs from the mouths of the patients at nursing homes, senior health fairs, and elsewhere. The tests were then purportedly approved by telemedicine doctors who did not engage in the treatment of the patients, and often did not even speak with the patients for whom they ordered tests. Frequently, the patients or their treating physicians never received the results of the tests. Alshalabi and the co-conspirators paid illegal kickbacks and bribes in exchange for the doctor’s orders and tests, without regard to medical necessity. During the period of 2016 to July 2021, Alshalabi and his co-conspirators billed Medicare and Medicaid over $150 million.
If convicted, Alshalabi faces up to 10 years on the money laundering charges, and all defendants face up to 10 years in prison on the health care fraud and Anti-Kickback Statute charges, and up to 5 years on the charge of conspiracy to violate the Anti-Kickback Statute.
This case is being investigated by the U.S. Department of Health and Human Services, Office of Inspector General, and the FBI, with the assistance of state partners including the Georgia Attorney General’s Office, Georgia Medicaid Fraud Control Unit, and the Tennessee Bureau of Investigation Medicaid Fraud Control Unit, as well as federal law enforcement partners and U.S. Attorney’s Offices in multiple districts, including in the Western District of North Carolina, Northern District of Georgia, District of South Carolina, and the Western District of Kentucky. Assistant U.S. Attorneys Sarah K. Bogni and Robert S. Levine are prosecuting the case.
An indictment is merely an accusation. The defendants are presumed innocent until proven guilty in a court of law.
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Mid-State Trio Charged in Conspiracy to Steal Firearms from Licensed Federal Firearms DealersRead the Press Release
NASHVILLE – Three Nashville area men were indicted yesterday in a conspiracy to steal firearms from a federal firearms licensee (FFL), announced U.S. Attorney Mark H. Wildasin.
Tyler Cunningham, 22, Ryan Dillard, 36, and Corey Summers, 23, are also charged with possession of stolen firearms and Dillard is charged with being a convicted felon in possession of a firearm. Cunningham and Dillard are currently in custody and Summers is currently being sought by law enforcement.
According to the indictment, the trio burglarized an automotive repair shop in Middle Tennessee and stole a truck to use in the burglary of an FFL. The indictment alleges that on July 8, 2022, the defendants burglarized a firearms dealer in Greenbrier, Tennessee, and stole nine firearms, and on July 14, 2022, they burglarized a firearms dealer in Woodbury, Tennessee, where they stole 28 firearms. The indictment further alleges that the defendants offered to sell the stolen firearms to a third party.
If convicted, the defendants face up to five years in prison on the conspiracy charge and up to 10 years in prison on each theft and possession charge. Additionally, Dillard faces up to 15 years on the felon in possession charge.
Anyone with information on the whereabouts of Corey Summers or with additional information about these crimes should contact ATF at (888) ATF-TIPS (1-888-283-8477).
Information can also be sent to [email protected] through ATF’s website at www.atf.gov/contact/atftips .
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; the Greenbrier Police Department; the Rutherford County Sheriff’s Office; the Cannon County Sheriff’s Office; the Wilson County Sheriff’s Office; the Robertson County Sheriff Office; the Tennessee Highway Patrol; the Metropolitan Nashville Police Department; and the Middle Tennessee State University Police Department. Special Assistant U.S. Attorney Steven T. Brantley is prosecuting the case.
An indictment is merely an accusation. The defendants are presumed innocent until proven guilty in a court of law.
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Nashville Man Sentenced to Federal Prison for CyberstalkingRead the Press Release
NASHVILLE, Tenn. – A Nashville man was sentenced today to three years in federal prison for using social media platforms to threaten, harass, and stalk multiple victims, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Barry Zarculia, 55, was initially arrested in November 2020 and was later indicted by a federal grand jury on three counts of cyberstalking. He pleaded guilty to the charges in November 2021. According to the charging documents, an investigation by the FBI determined that Zarculia used a cellular phone and an Instagram account to send death threats, threaten serious bodily harm, and/or harass, intimidate, and stalk multiple victims.
Zarculia was the user of the Instagram account @songs_in_the_key_of_z and posted hateful, racist, anti-black messages on its public message board, such as messages including the phrasing “black lives don’t matter.” In addition, an individual referenced having observed posts that applauded the sniper who conducted the 2017 Las Vegas massacre and alluded to the fact that the user wished the same attack would occur in Nashville. After posting these and other comments, Zarculia received negative feedback from other social media users. Zarculia then posted a photograph of one individual’s house, along with the address of the individual’s public page, and said in part, “Anyone that wants a piece of me, come on over,……..Off Nolensville Pike. I sleep in the front bedroom.” This alarmed the individual as this front bedroom was occupied by his child. Zarculia also sent other messages to this individual and called him on the phone and threatened to put a gun in his mouth.
The continuing investigation led agents to another victim who began receiving unsolicited messages from Zarculia in September 2019, via Instagram. Although this woman had never met Zarculia, his messages referenced her recent locations around Nashville, including a local coffee shop and a local park. Over the next several months, Zarculia continued to send this woman messages, which she described as “creepy” and “overly sexual” in nature, often sending her photos of his penis. On one occasion, Zarculia made reference to the woman’s minor son and specifically mentioned the elementary school which he attended, though the woman had never mentioned her son to Zarculia. She eventually stopped responding to Zarculia’s messages and, in early 2020, Zarculia approached her in a local grocery store. She did not engage in conversation with him and went about her business. Later, Zarculia sent her messages that were angry in nature. These messages continued to escalate to violent and threatening rants, some sent in audio format and also directed at a friend of the woman who had become involved out of fear for the woman’s safety.
Another woman began receiving unsolicited Instagram messages from Zarculia in July 2020. These messages also escalated to harassing and threatening text and audio messages. On many occasions, Zarculia made reference to her location, making it apparent that he had followed her and knew where she had been and where she lived. In October, out of fear for her safety, the woman obtained a temporary order of protection against Zarculia. The following day, while hiking at a local park, the woman saw Zarculia from a distance. She then hid in a large bush and sought the assistance of a park ranger to escort her to her vehicle, at which time Zarculia began yelling at her.
Each of these victims were forced to take additional security measures, including installing or updating their home alarm systems, or even moving from their home, in order to mitigate the threat posed by Zarculia.
Assistant U.S. Attorney Kathryn Risinger prosecuted the case.
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Superseding Indictment Charges Murder-For Hire of Nashville Man & WomanRead the Press Release
NASHVILLE – Four men indicted in December in a kidnapping conspiracy that resulted in the murders of a Nashville man and woman in March 2020 have now been charged with murder for hire, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
A federal grand jury returned a superseding indictment on Monday, charging Erik Charles Maund, 47, Gilad Peled, 48, and Bryon Brockway, 47, all of Austin, Texas, and Adam Carey, 31, of Richlands, North Carolina, with murder for hire, conspiracy to kidnap resulting in death, and kidnapping resulting in death.
According to the indictment, Maund, a partner in Maund Automotive Group in Austin, Texas, sometimes travelled to Nashville to visit a relative and, in early February 2020, he emailed a woman (H.W.) with whom he had had a prior relationship, for the purpose of seeing her during his upcoming visit to Nashville on February 5-7.
After his visit to Nashville, on March 1, 2020, Maund received a series of text messages from an individual (W.L.) who had a personal romantic relationship with H.W. W.L. demanded payment from Maund and threatened to expose Maund’s relationship with H.W. if W.L. did not receive the money. Maund then enlisted the services of Peled, Brockway, and Carey to assist with dealing with the threats to expose his relationship with H.W. and the extortionate demands.
The indictment further alleges that on March 5, 2020, Maund withdrew $15,000 from his bank account, and on that same day an “intelligence report” was prepared and provided to Peled by a relative of Brockway who worked for an internet-based security company.
A series of actions were then undertaken by Carey and others, including travelling from out of state to Nashville to surveil H.W. and W.L. and creating and using a Pinger account to attempt to communicate with H.W. and L.W. On March 9, 2020, Peled received a document entitled “Tennessee Sitrep,” which stated that Carey and others had surveilled H.W.; confirmed her address and vehicle; confirmed that W.L. had been staying at the same address; and advised that Carey and others would use everything at their disposal to stop the attempted extortion of Maund.
On March 11, 2020, Peled deposited $8,000 in cash into Speartip Security’s business account and $7,000 in cash into his personal bank account. The following day, Maund transferred $150,000, via wire, from his bank account to a bank account controlled by Peled. On that same day, Brockway and Carey, while armed with firearms, confronted H.W. and W.L. in the parking lot of H.W.’s apartment complex in Nashville and murdered W.L. by shooting him multiple times. They then kidnapped H.W. and drove her and the body of W.L. to a construction site on Old Hickory Boulevard in Nashville, where they murdered H.W. by shooting her several times. The bodies were then discarded at the construction site and within hours of the murders, the Pinger account used to communicate was deleted and a rental car rented by Brockway was returned.
Carey then drove Brockway to Memphis, Tennessee, and Brockway caught a flight to Austin, Texas. Carey then drove to Austin from Memphis.
The indictment also alleges that between March 11, 2020, and the present, Maund transferred in excess of $750,000, via wire, from his bank account to an account controlled by Peled, as payment to Peled, Brockway, and Carey for the kidnapping and murder of H.W. and W.L.
All defendants were arrested on December 10, 2021and remain in custody. The indictment also alleges that after being arrested, Peled informed Maund that one of the co-conspirators involved in the kidnapping and murders wanted more money as payment for the criminal acts. Maund agreed to pay the co-conspirator an additional $25,000 and then offered Peled $50,000 to arrange to pay Brockway $100,000 for the murder of the co-conspirator, to cut off any future requests for payment for the original murders.
If convicted, all defendants face up to life in prison.
In addition to the Memphis FBI Field Office and the Metropolitan Nashville Police Department, investigative and arrest assistance was provided by FBI Field Offices in Charlotte, North Carolina; San Diego, California; San Antonio, Texas; the FBI Critical Incident Response Group; the Naval Criminal Investigative Service; the Texas Department of Public Safety; the Austin, Texas Police Department; the Williamson County, Texas Sheriff’s Department; the Onslow County Sheriff’s Office and the New Hanover County Sheriff’s Office in North Carolina; and the Jacksonville, North Carolina Police Department. Assistant U.S. Attorneys Robert McGuire and Brent Hannafan of the Middle District of Tennessee are prosecuting the case with the assistance of Assistant U.S. Attorneys Bryan Stephany of the Eastern District of North Carolina; Matt Harding of the Western District of Texas; and Derek Ko of the Southern District of California.
An indictment is merely an accusation. The defendants are presumed innocent until proven guilty in a court of law.
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Ashland City Physician Charged in Federal Health Care Fraud ConspiracyRead the Press Release
NASHVILLE – A federal grand jury in Nashville on Monday returned a nine-count indictment, charging an Ashland City, Tennessee, physician in a telemedicine conspiracy to defraud Medicare of more than $41 million, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
John R. Manning, 61, faces charges of conspiracy to commit health care fraud and eight counts of health care fraud. The indictment also contains a forfeiture allegation in which the United States seeks to recover all property, including a money judgement, that represents the proceeds of the violations. Manning was arrested Tuesday at his home by federal agents.
The indictment alleges that Manning worked for various telemedicine companies that arranged for physicians to prescribe a variety of durable medical equipment (DME), topical creams, and Cancer Genomic (CGx) testing for Medicare beneficiaries. Manning and his co-conspirators sought to enrich themselves by paying and receiving kickbacks and bribes in exchange for signed doctors’ orders and prescriptions for DME, topical creams, and CGx testing, and submitting false and fraudulent claims to Medicare for such services and treatments that were not medically necessary and not eligible for reimbursement.
The indictment further alleges that Manning electronically signed doctors’ orders without having established a patient/doctor relationship as required, and issued orders and prescriptions based on only a brief telephonic conversation, or often no conversation at all, and without seeing or physically examining the patient, and without regard for medical necessity. The indictment also alleges that the telemedicine companies paid Manning a fee “per visit,” constituting illegal
kickbacks and bribes in exchange for signing doctors’ orders and prescriptions.
If convicted, Manning faces up to 10 years in prison on each count.
This case is being investigated by the U.S. Department of Health & Human Services-Office of Inspector General and the FBI, with the assistance of the Cheatham County Sheriff’s Office. Assistant U.S. Attorney Robert S. Levine and Trial Attorney Leslie Fisher of the Criminal Division’s Fraud Section are prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
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Two Nashville Men Headed to Federal Prison in "Blue Heroin" Distribution ConspiracyRead the Press Release
NASHVILLE – Two Nashville men indicted in February 2020 as part of a deadly heroin and fentanyl distribution network are headed to federal prison to serve lengthy prison sentences, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Marquel Peoples, aka Worm, 26, and Christopher Johnson, 28, have each made appearances in U.S. District Court to answer a 15-count indictment, which charged them with conspiracy to distribute and possession with intent to distribute heroin, fentanyl, and carfentanil, and various counts of possession with intent to distribute and distribution of heroin and fentanyl. Peoples and Johnson were also charged with being responsible for the distribution of more than 400 grams of fentanyl, and with possessing firearms in furtherance of drug crimes. The indictment also alleged that the fentanyl distributed by Peoples resulted in serious bodily injury to others and resulted in the death of one individual.
Peoples pleaded guilty yesterday to eight counts of the indictment under a binding plea agreement, which, if accepted by the Court, will require him to serve 16 years in prison when he is sentenced later this year. Johnson pleaded guilty in October 2021 to seven counts of the indictment and was sentenced in May to 70 months in prison.
“The U.S. just recorded its highest number of overdose deaths on record, surpassing 100,000 in 2021,” said U.S. Attorney Wildasin. “The U.S. Attorney’s Office and our law enforcement partners will continue to vigorously pursue those who fuel this deadly epidemic by illegally distributing these deadly substances.”
According to documents filed with the Court, in the summer of 2019, law enforcement became aware of reports of blue-tinted drugs, which were causing overdoses in the middle Tennessee area. Through a series of investigative efforts, law enforcement acquired blue-tinted drugs from Peoples, Johnson, and Blaine Ellis, and subsequent testing determined that those drugs contained heroin and fentanyl. During one operation, Peoples claimed responsibility for the blue drugs, saying, “[I]f you got the blue stuff … [you] got it from us.” The investigation also linked a fatal overdose in March 2019 to the conspiracy.
Blaine Ellis, 32, of LaVergne, Tenn., was also charged in this case with possession with intent to distribute heroin and fentanyl. He pleaded guilty in June 2021 and is scheduled to be sentenced in November.
This investigation was conducted by the Drug Enforcement Administration’s Nashville District Office Tactical Diversion Squad; the Tennessee Bureau of Investigation Opioid/Overdose Task Force; the Metropolitan Nashville Police Department SID Gang Unit; the Lavergne Police Department; the Murfreesboro Police Department; the Rutherford County Sherriff’s Office; and the Spring Hill Police Department. Assistant U.S. Attorneys Amanda J. Klopf and Rascoe Dean are prosecuting the case.
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Treatment Clinic Owner Convicted of Unlawfully Distributing OpioidsRead the Press Release
A federal jury convicted a Tennessee physician yesterday in the Middle District of Tennessee for unlawfully distributing opioids from his Smyrna clinic.
According to court documents and evidence presented at trial, Hau T. La, 54, of Brentwood, owned and operated Absolute Medical Care (AMC), which closed in the Spring of 2021. At AMC, La purportedly provided addiction treatment as his primary practice, but nevertheless prescribed opioid pain pills to some of his patients despite red flags for addiction and abuse. AMC, which did not accept health insurance, charged patients $200-$350 cash, credit, or debit, per visit and was only open on Fridays. La rarely spent more than a few minutes with the patients to whom he provided unlawful opioid prescriptions.
La was convicted of 12 counts of unlawful distribution of a controlled substance, outside the usual course of professional practice and not for a legitimate medical purpose. He faces a maximum of 20 years in prison for each of these convictions. La was acquitted on four counts of the indictment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing is scheduled for Jan. 5, 2023.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee; Special Agent in Charge Douglas Korneski of FBI Memphis Field Office, Special Agent in Charge J. Todd Scott of the Drug Enforcement Administration (DEA) Louisville Field Division; Director David Rausch of the Tennessee Bureau of Investigation (TBI); and Special Agent in Charge Tamala E. Miles of the Department of Health and Human Service Office of the Inspector General (HHS-OIG) Atlanta Region made the announcement.
FBI, HHS-OIG, TBI, and DEA investigated the case.
Trial Attorneys Leslie Fisher and Emily Petro of the Criminal Division’s Fraud Section are prosecuting the case.
Sparta Woman Sentenced to 5 1/2 Years in Prison for Concealing Material Support Intended for A Foreign Terrorist OrganizationRead the Press Release
NASHVILLE – A Sparta, Tennessee, woman was sentenced in U.S. District Court on Friday, to 66 months in prison to be followed by a term of supervised release of 15 years, for concealing material support and resources intended to be provided to a Foreign Terrorist Organization, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Georgianna A.M. Giampietro, 37, was indicted by a federal grand jury in August 2019, on charges of attempting to provide material support to a designated Foreign Terrorist Organization. A superseding Information filed in January 2022 charged Giampietro with concealment of material support and resources intended to be provided to a Foreign Terrorist Organization. She pleaded guilty to the charge in January.
According to court documents, in September 2018, Giampietro had conversations with an undercover agent who expressed interest in travelling to Syria to join Hayat Tahrir Al-Sham (HTS), a designated Foreign Terrorist Organization. The undercover agent told Giampietro that her husband swore an oath of allegiance to HTS and that he intended to fight on behalf of HTS.
Giampietro initially provided instruction and advice to the undercover agent on how to travel to Syria in order to avoid detection by law enforcement. That instruction and advice included actions that the undercover agent and her husband should undertake before making the trip, like severing ties with other persons 6-8 months in advance; acquiring new phones before they traveled; and considering traveling through Turkey prior to entering Syria.
In subsequent conversations with the undercover agent, Giampietro offered to communicate with her contacts on their behalf to assist them in safely traveling to Syria to join HTS. Giampietro engaged in a series of communications with an individual whom she knew could assist the undercover and her husband for such purpose. At one point after communicating with her contact, who claimed that there was presently no jihad in Syria, Giampietro asked the undercover agent if she and her husband had considered traveling to Afghanistan since there was still fighting there.
Giampietro later provided the undercover agent with her contact’s information to assist her and her husband in their travel to Syria. When Giampietro provided that contact information to the undercover agent, Giampietro knew that HTS was a designated terrorist organization and believed that the undercover agent and her husband intended to travel to Syria to work under the direction and control of HTS, and also believed that the contact would substantially assist them in this effort. In addition, Giampietro intended that the undercover agent and her husband would provide funds to that person, who would in turn provide funds to HTS, thereby providing material support to HTS disguised as a charitable contribution.
Giampietro utilized an end-to-end encrypted social media platform to communicate with the undercover and with her contact, and in some instances utilized self-destruct timers within her communications so that those communications would automatically delete, without the possibility of recovery, after a specified time.
This case was investigated by the FBI and the Joint Terrorism Task Force. Assistant U.S. Attorneys Philip H. Wehby, Ben Schrader, and Kathryn Risinger of the Middle District of Tennessee, and Trial Attorney Jennifer Levy of the Department of Justice’s National Security Division, prosecuted the case.
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Smyrna Treatment Clinic Owner Convicted of Unlawfully Distributing OpioidsRead the Press Release
NASHVILLE – A federal jury in Nashville convicted a Smyrna, Tennessee, physician yesterday for unlawfully distributing opioids from his Smyrna clinic.
According to court documents and evidence presented at trial, Hau T. La, 54, of Brentwood, owned and operated Absolute Medical Care (AMC), which closed in the Spring of 2021. At AMC, La purportedly provided addiction treatment as his primary practice, but nevertheless prescribed opioid pain pills to some of his patients despite red flags for addiction and abuse. AMC, which did not accept health insurance, charged patients $200-$350 cash, credit, or debit, per visit and was only open on Fridays. La rarely spent more than a few minutes with the patients to whom he provided unlawful opioid prescriptions.
La was convicted of 12 counts of unlawful distribution of a controlled substance, outside the usual course of professional practice and not for a legitimate medical purpose. The jury acquitted him of four counts.
La faces a maximum of 20 years in prison on each count. Sentencing is scheduled for January 5, 2023.
U.S. Attorney Mark H. Wildasin; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Special Agent in Charge Douglas Korneski of the Federal Bureau of Investigation Memphis Field Office, Special Agent in Charge J. Todd Scott of the Drug Enforcement Administration Louisville Field Division; Director David Rausch of the Tennessee Bureau of Investigation; and Special Agent in Charge Tamala E. Miles of the Department of Health and Human Service Office of the Inspector General Atlanta Region made the announcement.
FBI, HHS-OIG, TBI, and DEA investigated the case.
Trial Attorneys Leslie Fisher and Emily Petro of the Criminal Division’s Fraud Section are prosecuting the case.
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Owners and Operators of Mid-State Japanese Restaurants Indicted in Conspiracies Related to Harboring Undocumented WorkersRead the Press Release
NASHVILLE – A nine-count federal indictment, unsealed today, charges four individuals with conspiracy to harbor undocumented workers while employing them to work at various mid-state restaurants, harboring undocumented workers, and conspiracy to commit money laundering, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee. The indictment also charges these individuals and another person with conspiracy to defraud the United States by failing to collect and pay employment taxes to the IRS.
Those charged in the indictment are: Zhongzhi “Tommy” Zhuo, 46, Jianping “Alan” Zhuo, 37, and Xiaofen “Joyce” Zhuo, 38, all of Hendersonville, Tennessee; and Jianhua “Jason” Zhuo, 35, and Lili Wu, 32, both of Gallatin, Tennessee.
The indictment alleges that Zhongzhi, Jianping, and Jianhua Zhuo, along with Lily Wu, as the owners or operators of several middle Tennessee restaurants, participated in a scheme to harbor persons who were in the United States illegally, by providing a means of financial support through employment at the restaurants and providing them with housing and transportation. The restaurants identified in the indictment include the Fuji Japanese Steakhouse, with locations in Hendersonville, Goodlettsville, and Whitehouse, Tennessee; Bonfire Mongolian Grill, with locations in Hendersonville, Clarksville, Mount Juliet, and Spring Hill, Tennessee; and the Koi Japanese Steakhouse in Gallatin, Tennessee.
The indictment also alleges that residential properties owned or leased by one or more of the defendants were used to house undocumented workers, including properties in Hendersonville, Gallatin, Goodlettsville, Clarksville, Mount Juliet, and Spring Hill.
Other allegations in the indictment include that these defendants communicated with and paid a broker to find and deliver undocumented workers to work at the restaurants; employed undocumented workers without requiring them to complete applications or collecting any documents to determine the worker’s immigration status and employment authorization; housed the undocumented workers at the residences; transported the undocumented workers between the residences and restaurants; and maintained separate books accounting for payments to undocumented workers made outside of the regular payroll system.
The allegations also include that these defendants, along with Xiaofen “Joyce” Zhuo, conspired to defraud the United States by paying undocumented workers in cash; failed to withhold and pay employment taxes to the IRS; and refused to allow undocumented workers to pay taxes, including for those that had Individual Taxpayer Identification Numbers. These defendants also conspired to provide understated wages to tax preparation businesses that prepared and filed tax forms with the IRS.
The indictment also contains a forfeiture allegation in which the United States seeks to forfeit four residences involved in the commission of the offenses, bank accounts, and a money judgement representing the amount of the proceeds of the crimes.
The charges carry maximum penalties between 5 and 20 years in prison, if convicted.
This case was investigated by Homeland Security Investigations; IRS-Criminal Investigation; the Tennessee Bureau of Investigation; and the Hendersonville Police Department. Assistant U.S. Attorneys Robert S. Levine and Thomas J. Jaworski are prosecuting the case.
An indictment is merely an accusation. All defendants are presumed innocent until proven guilty in a court of law.
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Mexican National & Tax Fraud Fugitive Arrested After Six YearsRead the Press Release
NASHVILLE – A Oaxaca, Mexico, man was arrested this morning, after being sought for the past six years, following his indictment in a conspiracy to file fraudulent federal income tax returns, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Claudio Juarez, 40, was arrested at his residence in Bowling Green, Kentucky, this morning and transported to the Middle District of Tennessee. He will appear before a U.S. Magistrate Judge later this afternoon.
Juarez and others were charged in 2016 with conspiracy to file false claims against the United States, wire fraud, and theft of more than $1,000 of public money.
The investigation began in April 2015, when 10 federal search warrants were executed at various residences and tax return preparation businesses throughout middle Tennessee, including Soto Services with locations in Madison, Hermitage, Springfield, and Gallatin; and S Income Tax Services in Nashville. As a result of this investigation, agents subsequently determined that part of the tax fraud scheme dated back to 2011 and 46 persons were ultimately charged and convicted of federal offenses.
During the investigation, more than $1 million in cash was seized, as well as several late model, luxury automobiles and 11 Nashville-area properties. Many of the individuals charged, including Juarez, were in the United States illegally.
Juarez’s role in the scheme was crucial to its success as he cashed fraudulent checks and dealt in fake documents such as W-2’s and other fraudulent identification documents. In 2016, when agents attempted to arrest Juarez and others, he evaded arrest, and efforts to locate him in the interim were fruitless until earlier this month, when agents learned that Juarez had filed at least two suspected fraudulent tax returns with the IRS. Further investigation led the agents to a Bowling Green tax preparer and then to Juarez.
If convicted, Juarez faces up to 5 years in prison and a $250,000 fine.
This case was investigated by the Internal Revenue Service-Criminal Investigation and Homeland Security Investigations, with arrest assistance by the Bowling Green Police Department. Assistant U.S. Attorney Tom Jaworski is prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
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Columbia Man Facing Federal Charges After Resisting Arrest by Franklin Police OfficersRead the Press Release
NASHVILLE – A federal indictment unsealed yesterday, charges a Columbia, Tennessee, man with drug distribution and firearms charges, announced U.S. Attorney Mark H. Wildasin.
Roy Gene Nicholson, III, 26, was indicted by a federal grand jury last month and charged with possession of marijuana with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime. Nicholson was arrested yesterday by the United States Marshals Service and is currently in federal custody.
The charges are the result of an incident on April 24, 2022, where Nicholson was stopped on I-65 in Williamson County, Tenn., by an officer with the Franklin Police Department. According to the indictment, when the officer approached the car, he observed a pistol on the front passenger seat and smelled an odor of marijuana coming from the vehicle. The officer attempted to detain Nicholson and a physical struggle ensued. Nicholson was able to re-enter his vehicle and as two officers attempted to remove him from the car, Nicholson accelerated, dragging both officers for a distance and knocking them to the ground. The legs of one officer were run over by the vehicle as it sped away.
Nicholson was later arrested approximately one mile away and was found to be in possession of a loaded firearm, marijuana, and more than $3,600 in cash. A pink backpack found on a sidewalk nearby, contained approximately 200 grams of marijuana and plastic baggies. Officers had observed the pink backpack in Nicholson’s car during the earlier attempt to arrest him.
If convicted, Nicholson faces a mandatory minimum sentence of five years in prison, and up to a $250,000 fine.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Franklin Police Department. Assistant U.S. Attorney Herbert L. Bunton, III is prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
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Putnam County Commissioner Facing Child Pornography ChargesRead the Press Release
NASHVILLE – A Putnam County Commissioner was charged yesterday with possession, receipt, and distribution of child pornography, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Jimmy Ray Neal, 57, of Baxter, Tennessee, was arrested at his home, after FBI and Homeland Security Investigations agents executed a search warrant. Neal was transported to Nashville and appeared before a U.S. Magistrate Judge late yesterday.
A criminal complaint obtained yesterday alleges that Neal was identified as an administrator of a group in the Kik app in which images of child pornography were viewed and shared with other users. Specifically, the images depicted naked pre-pubescent females with the focus on the genital area.
This long-running investigation by the FBI began in July 2021, and after the arrest of an Oklahoma man on child pornography charges, other users in the Kik app group were identified, including “tennesseemaster,” later identified as Jimmy Ray Neal.
A preliminary and detention hearing is set for Tuesday, May 31, 2022, at 2 p.m.
If convicted, Neal faces a mandatory minimum of five years, and up to 20 years in prison.
This case is being investigated by the FBI and Homeland Security Investigations. Assistant U.S. Attorney Monica Morrison is prosecuting the case.
The charges are merely accusations. The defendant is presumed innocent until proven guilty in a court of law.
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Honduran National and MS-13 Member Sentenced to Federal PrisonRead the Press Release
NASHVILLE – Franklin Pineda-Caceras, aka “Bomba,” 22, of Honduras, was sentenced yesterday to 90 months in federal prison for drug distribution and firearms crimes, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Pineda-Caceras, an MS-13 Gang member, was initially charged in July 2019 with immigration violations, drug trafficking, and firearms violations, after previously being deported from the U.S. He later pleaded guilty to illegal reentry of a previously deported alien; being an illegal alien in possession of ammunition; being an illegal alien in possession of a firearm; possession of a firearm with an obliterated serial number; and possession of marijuana and cocaine with the intent to distribute. Pineda-Caceras proceeded to trial on the charge of possession of a firearm in furtherance of a drug-trafficking crime and was found guilty by a federal jury on February 9, 2022.
According to records filed with the Court, Pineda-Caceras unlawfully entered the United States in January 2014 and was deported in June 2016. Immigration officials later learned that Pineda-Caceras had returned to the United States when they found him, in October 2017, in a residence in Nashville, with digital scales, 41 grams of cocaine, over 44 grams of marijuana, numerous handguns, an assault rifle, and an arsenal of ammunition. Pineda-Caceras was again deported in May 2018.
In January 2019, approximately seven months after his second deportation, Pineda-Caceras returned to the United States and committed a violent crime, when he kidnapped a student from a local area high school and beat the student after the student refused to join the MS-13 street gang. In July 2019, when agents attempted to arrest Pineda-Caceras for this crime, he fled from the police and drove his car through the front yard, where his girlfriend, son, and his girlfriend’s mother stood, nearly striking all three.
Approximately two months later, in September 2019, Pineda-Caceras was involved in a car accident and sustained injuries as a result. Items observed at the scene, and later seized during a search of his car, established that he was involved in drug trafficking. Specifically, when agents searched the car, they found digital scales, baggies, bags of cocaine packaged for resale, a revolver with an obliterated serial number, an AK-47 rifle, and approximately 200 rounds of ammunition. Agents also recovered numerous cellular telephones, which later revealed that Pineda-Caceras was selling drugs in the hours leading up to the crash.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; Homeland Security Investigations; the Drug Enforcement Administration; and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Ahmed Safeeullah and Trial Attorney Matthew Hoff of the Criminal Division’s Organized Crime and Gang Section prosecuted the case.
This prosecution 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.
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Federal Charges Result from Weekend Undercover Operation in Downtown Entertainment DistrictRead the Press Release
NASHVILLE – A Nashville, Tennessee man is facing federal drug distribution and firearms charges, as a result of an undercover operation last weekend in the downtown entertainment district, announced U.S. Attorney Mark H. Wildasin.
Khalil D. Smith, 26, was charged today, in a criminal complaint, with possession with intent to distribute fentanyl; possession of a firearm in furtherance of a drug trafficking crime; and being a convicted felon in possession of a firearm.
According to the complaint, on Friday night, members of the Metropolitan Nashville Police Department (MNPD) Specialized Investigation Division were conducting an undercover operation in the downtown entertainment district with the aim of identifying persons buying and selling illegal narcotics in the Broadway area. This operation was conducted in response to an increase in the number of people overdosing in that area after ingesting fentanyl.
After seeing an individual snorting cocaine, detectives arranged to purchase a “ball” of cocaine from the individual’s source. A short time later, the individual returned with Smith and another person. Smith approached the detectives and directed them to a business on 4th Avenue South, where Smith exchanged a bag of white powder for $200. Officers then attempted to arrest Smith, at which point he fled on foot. After a foot pursuit, MNPD officers took Smith into custody. The powder tested positive for fentanyl.
At the time of Smith’s arrest, he was in possession of multiple plastic bags containing a total of approximately 11 grams of fentanyl; a bag containing approximately 6 grams of cocaine; a bag containing approximately 21 grams of marijuana; a bag containing 23 full Xanax bars and multiple partial pieces of Xanax bars; as well as a 9mm Beretta semiautomatic handgun, which was loaded with 17 rounds of ammunition.
Smith was found to have been previously convicted of multiple felonies in Davidson County and Rutherford County, Tennessee.
If convicted, Smith faces a mandatory minimum sentence of five years, and up to life in federal prison.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Robert McGuire is prosecuting the case.
The charges are merely accusations. Smith is presumed innocent until proven guilty in a court of law.
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Maury County Corrections Officer Charged with Obstruction of JusticeRead the Press Release
NASHVILLE – A federal indictment, unsealed today, charges a Maury County corrections officer with obstructing an investigation into allegations that he sexually abused an inmate in his custody, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee and Assistant Attorney General Kristen M. Clarke of the Civil Rights Division.
James Stewart Thomas, 31, of Columbia, Tenn., a corrections officer with the Maury County Sheriff’s Office, was indicted last week by a federal grand jury on one count of falsification of records. Thomas was arrested at his home earlier today by FBI agents and will appear before a U.S. Magistrate Judge later this afternoon.
According to the indictment, in response to allegations that Thomas had nonconsensual sexual contact with a female inmate in his custody, he wrote an official report in which he 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 a hospital. The report also falsely claimed that those two Maury County Jail supervisors both advised him not to write a report about the alleged sexual advances by the inmate, and the report omitted that he had a sexual relationship with the inmate after the inmate’s release from the custody of the Maury County Jail.
If convicted, Thomas faces a sentence of up to 20 years in prison.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Amanda Klopf and Trial Attorney Kyle Boynton of the Department’s Civil Rights Division are prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
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Carjacking Suspects Facing Federal Charges After Multi-Agency PursuitRead the Press Release
NASHVILLE – Three Nashville, Tennessee, men and a Nashville woman are facing federal charges following a multi-agency pursuit that began in Nashville and ended in Clarksville, Tenn., announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Javon Kelly, 20, Juan Rodriguez, 19, I’yendale Byrd, 18, and Armesia Newsom, 18, were charged Friday in a criminal complaint with carjacking and brandishing a firearm during and in relation to a crime of violence.
According to the criminal complaint, on May 11, 2022, Metropolitan Nashville Police Department (MNPD) TITANS Unit detectives were conducting surveillance in the area of the Cumberland Pointe Apartments, after receiving information from the FBI of a planned shooting, which was to be carried out by a member of the Vice Lords Gang. Detectives observed Kelly and Rodriguez, who were armed with handguns, enter a vehicle driven by Newsom and also occupied by Byrd. Detectives continued surveillance of the car as it travelled in a reckless manner on Buena Vista Pike.
A MNPD detective attempted to stop the car, but it fled into Montgomery County and struck a light pole in Clarksville, after which the suspects fled on foot. While being pursued by Clarksville Police officers, the suspects approached a Chevrolet Silverado truck, pointed their guns at the driver and ordered him from the truck. The suspects then entered the truck and fled again, before crashing in Clarksville and being apprehended. At the time of the arrest, five firearms were recovered from the suspects.
If convicted, the defendants face a mandatory minimum sentence of seven years, and up to life in prison.
U.S. Attorney Wildasin commended the cooperative effort of all agencies in the apprehension of these defendants, including the FBI; the MNPD TITANS Team and Aviation Unit; the Tennessee Highway Patrol Aviation Unit; and the Clarksville Police Department. Special Assistant U.S. Attorney Steven Brantley is prosecuting the case.
The charges are merely accusations. All defendants are presumed innocent until proven guilty in a court of law.
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Manchester Physician Barred from Prescribing Certain Controlled SubstancesRead the Press Release
NASHVILLE – In a settlement reached last week, David Florence, D.O., a Manchester, Tennessee physician, agreed to be barred from prescribing Schedule II and the vast majority of Schedule III controlled substances, announced United States Attorney Mark H. Wildasin for the Middle District of Tennessee.
Pursuant to the Consent Judgment and Permanent Injunction, Florence is permanently enjoined from issuing prescriptions for any controlled substances under Schedules II and III of the Controlled Substances Act, with limited exceptions for buprenorphine products as allowed by Tennessee law, testosterone, and two migraine medications. Florence also agreed not to order or store any controlled substances, and not to prescribe to himself, any immediate family members, fellow employees, or significant others.
Under the terms of the agreement, DEA has the right to enter Florence’s registered location at any time during business hours without notice for the purpose of determining compliance. In addition, Florence must comply with all laws concerning the supervision of mid-level providers. If Florence fails to comply with the terms of the settlement agreement, he is subject to civil penalties, criminal charges, and/or the revocation of his DEA Registration.
This agreement resolves all remaining claims the United States asserted against Florence, stemming from a lawsuit originally filed by the former office manager of a Cookeville, Tenn. pain clinic where Florence practiced, which was brought under the qui tam, or whistleblower, provisions of the False Claims Act. The Whistleblower provisions allow private citizens with knowledge of false claims to bring civil suits on behalf of the government.
“We rely on whistleblowers to help identify unlawful conduct, and we greatly appreciate the assistance that the relator in this case provided throughout the investigation and court proceedings that allowed us to stop Dr. Florence from ever again prescribing the dangerous controlled substances at issue here,” said U.S. Attorney Wildasin. “This extraordinary injunctive relief is one of the many ways in which the United States can protect the public from providers who recklessly prescribe, or fail to properly supervise others in prescribing, dangerous controlled substances.”
In March 2016, the United States filed a civil complaint in intervention, alleging violations of the Controlled Substances Act and the False Claims Act, against Florence and other defendants. As to Florence, the United States alleged that he prescribed controlled substances that had no legitimate medical purpose and failed to properly supervise mid-level practitioners. The United States previously obtained settlements that resulted in the dismissal of its claims against all other defendants named in its complaint in intervention.
This matter was investigated by the Department of Health & Human Services – Office of Inspector General, the Drug Enforcement Administration, and the Tennessee Bureau of Investigation Medicaid Fraud Control Unit. Assistant U.S. Attorney Wynn Shuford represented the United States.
The case is captioned as United States ex rel. Norris v. Anderson, No. 3:12-cv-00035 (M.D. Tenn.). The claims in the complaint are allegations only, and there has been no determination of liability.
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U.S. Attorney Wildasin Recognizes Police WeekRead the Press Release
NASHVILLE – In honor of National Police Week, United States Attorney Mark H. Wildasin recognizes the service and sacrifice of federal, state, and local law enforcement. This year, the week is observed Wednesday, May 11 through Tuesday, May 17, 2022.
“This week, we gather to pay tribute to the law enforcement officers who sacrificed their lives in service to our country,” said Attorney General Merrick B. Garland. “We remember the courage with which they worked and lived. And we recommit ourselves to the mission to which they dedicated their lives. On behalf of a grateful Justice Department and a grateful nation, I extend my sincerest thanks and gratitude to the entire law enforcement community.”
“We pause this week to remember and honor the sacrifice of our brave law enforcement officers who gave their all in service to their communities,” said U.S. Attorney Wildasin. “We will not forget their sacrifice and will continue their legacies in preserving peace and pursuing justice for the people of middle Tennessee.”
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. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), 472 law enforcement officers died nationwide in the line of duty in 2021. Of that number, 319 succumbed to COVID-19, including two from the Middle District of Tennessee: Detective Derek Sidwell of the Overton County Sheriff’s Department and Deputy Sheriff Teresa Fuller of the Wilson County Sheriff’s Office.
Additionally, according to 2021 statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 73 law enforcement officers who died in the line of duty in 2021 were killed as a result of felonious acts, whereas 56 died in accidents. Deaths resulting from felonious acts increased in 2021, rising more than 58 percent from the previous year. In 2021, unprovoked attacks[1] were the cause of 24 deaths, significantly outpacing all other line-of-duty deaths resulting from felony acts and reaching the highest annual total in over 30 years of reporting. Additional LEOKA statistics can be found on FBI’s Crime Data Explorer website for the LEOKA program.
The names of the 619 fallen officers added this year to the wall at the National Law Enforcement Officer Memorial will be read on Friday, May 13, 2022, during a Candlelight Vigil in Washington, D.C., starting at 8:00 PM EDT. Those who wish to view the vigil live online, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/TheNLEOMF. The schedule of National Police Week events is available on NLEOMF’s website.
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Reference to any specific organization or service(s) offered by an organization is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by the United States Department of Justice.
[1] An unprovoked attack is defined as an attack on an officer not prompted by official contact at the time of the incident between the officer and the offender. Source: Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program.
Nashville Man Pleads Guilty to Drug and Firearms Violations on Day Before TrialRead the Press Release
NASHVILLE – A Nashville, Tennessee man scheduled for trial Tuesday pleaded guilty in U.S. District Court to drug and firearms violations, announced U.S. Attorney Mark H. Wildasin.
Anthony Ussery, 40, pleaded guilty to being a convicted felon in possession of a firearm; being a convicted felon in possession of ammunition; and possession with intent to distribute more than 40 grams of fentanyl.
According to Court records, on May 8, 2019, officers with the Metropolitan Nashville Police Department (MNPD) responded to a shots-fired call at the intersection of East Trinity Lane and Meridian Street and discovered two victims with gunshot wounds. Video footage from a nearby business showed a black sedan approach the victims and an individual fire multiple shots before fleeing the scene. The subsequent investigation identified Ussery as the shooter, and the two victims, who are brothers, believed the shooting occurred as a result of a recent dispute with Ussery. Ussery was later arrested and charged by MNPD in relation to this shooting.
On March 23, 2021, while out on bond for the May 2019 shooting, Ussery was stopped by a Nashville Airport Authority police officer for a traffic violation and was found to be in possession of 57 grams of fentanyl and a loaded 9mm pistol. On March 25, 2021, a federal criminal complaint charged Ussery with federal crimes and he was subsequently indicted by a federal grand jury on July 13, 2021.
Ussery has four prior felony convictions, including attempted robbery; manslaughter; facilitation of the sale of drugs; and possession with intent to distribute Schedule IV controlled substances. In light of these prior convictions, Ussery qualifies as an Armed Career Criminal subject to a mandatory minimum of 15 year’s imprisonment. Sentencing is scheduled to occur on August 11, 2022.
This case was investigated by the Bureau of Alcohol, Tobacco Firearms & Explosives; the Metropolitan Nashville Police Department; and the Nashville Airport Authority Department of Public Safety. Assistant U.S. Attorneys Josh Kurtzman and Dwight Artis are prosecuting the case.
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Steven Wiggins Sentenced to Life in Federal PrisonRead the Press Release
NASHVILLE – Steven J. Wiggins, 33, of Dickson, Tennessee, was sentenced today in U.S. District Court to life in prison, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Wiggins was indicted by a federal grand jury in August 2019 on carjacking and firearms violations which resulted in the death of Dickson County Sheriff’s Sergeant Daniel Baker on May 30, 2018. Following the federal indictment, the United States sought and received approval to seek the death penalty against Wiggins. On March 25, 2022, Wiggins pleaded guilty to the federal charges under a binding plea agreement with an agreed sentence of life imprisonment.
“Our office will never let a criminal attack on law enforcement go unanswered,” said U.S. Attorney Wildasin. “The full force of the Department of Justice will be brought to bear on anyone who commits such a heinous crime. I want to acknowledge the painstaking work of our many law enforcement partners, including District Attorney General Ray Crouch, who led the prosecution efforts at the state level, as we proceeded with the parallel prosecutions of Wiggins. Finally, let me acknowledge and thank Lisa Baker, Sergeant Baker’s widow, for staying the course through many difficult days of proceedings during the past four years. Together, we have achieved justice for Sergeant Baker.”
Wiggins brutally murdered Sergeant Baker by shooting him six times after Baker encountered him when responding to a suspicious vehicle call. Wiggins was found guilty of the murder by a Circuit Court Jury after a trial on August 5, 2021, and the jury imposed the death sentence.
Following today’s sentencing, and in keeping with the terms of the plea agreement, the United States moved to withdraw its notice of intent to seek the death penalty, and Wiggins will serve life in prison. This sentence has no effect on the State’s previously imposed death sentence, which will continue to move forward.
Agencies involved in the initial search and capture of Wiggins and the subsequent investigation include the Dickson County Sheriff’s Department; the 23rd District Attorney General’s Office; the Tennessee Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms & Explosives; the Tennessee Highway Patrol; the FBI; and numerous other local, state, and federal agencies. Assistant U.S. Attorney Robert McGuire prosecuted the case.
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Two Murfreesboro Men Charged in Conspiracy to Ship Massive Quantities of Methamphetamine to New ZealandRead the Press Release
NASHVILLE – A federal indictment unsealed yesterday, charges two Murfreesboro, Tennessee, men with 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, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Steven Weaver, 50, and Jamie Woods, 37, were arrested yesterday by federal agents.
According to the indictment and other Court records, in July 2019, the U.S. Customs and Border Protection in Miami, Florida, seized three parcels at the Foreign Mail Center, United States Postal Service. The parcels had been mailed from Murfreesboro, Tenn., and were destined to various addresses in New Zealand. Each parcel contained approximately 1400 grams of methamphetamine. A subsequent investigation by Homeland Security Investigations and the U.S. Postal Inspection Service determined that other similar parcels had also been shipped from Murfreesboro and some were still in transit to their destination in New Zealand.
Further investigation determined that between June 25, 2019, and July 9, 2019, 18 similar parcels had been mailed from Murfreesboro to New Zealand. Although some of the parcels were successfully delivered to their destination, law enforcement was able to intercept nine of the parcels, which contained a total of more than 10 kilograms of methamphetamine.
In most instances, the methamphetamine was packaged in a cake mix box and the parcels were identified as “Birthday Gift.” 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.
As a result of this investigation, New Zealand authorities also arrested several suspects and dismantled a large drug trafficking organization operating out of New Zealand.
If convicted, the defendants face a mandatory minimum sentence of 10 years, and up to life in prison.
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 is prosecuting the case.
An indictment is merely an accusation. The defendants are presumed innocent until proven guilty in a court of law.
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Wildasin to Remain as U.S. AttorneyRead the Press Release
NASHVILLE – Under the provisions of federal statutes governing the filling of vacancies for the position of United States Attorney, Mark H. Wildasin was sworn in today by Chief U.S. District Judge Waverly D. Crenshaw, Jr. as the U.S. Attorney for the Middle District of Tennessee, effective April 25, 2022. 28 U.S.C. § 546, and the Vacancies Reform Act, establish provisions for filling the position of U.S. Attorney, absent a nomination by the President and a Senate-confirmed appointment. Mr. Wildasin will remain the U.S. Attorney until the Senate confirms his successor.
Mr. Wildasin was previously appointed by Attorney General Merrick B. Garland to be the United States Attorney on December 26, 2021, after serving as the Acting United States Attorney since November 7, 2021. The appointment by the Attorney General expires on April 24, 2022.
“I am honored to have the opportunity to continue to serve as the U.S. Attorney for the Middle District of Tennessee,” said U.S. Attorney Wildasin. “For the past 16 years I have had the distinct privilege of working alongside some of the nation’s most dedicated public servants and I look forward to continuing to lead this office in our mission of seeking justice for our citizens.”
Mr. Wildasin previously served as the Chief of the Civil Division in the United States Attorney’s Office since January 2006 and has been responsible for defending and prosecuting cases and managing all civil litigation in which the United States or one of its agencies is a party in the Middle District of Tennessee, including affirmative civil enforcement, defensive litigation, bankruptcy, asset forfeiture, immigration, and collections.
In addition to his work as the Civil Chief, from 2009 to 2011 and 2019 to 2021, Mr. Wildasin was appointed to the Civil Chiefs’ Working Group, which advises and reports to the Attorney General’s Advisory Committee on issues relevant to Civil Assistant United States Attorneys throughout the country.
Mr. Wildasin was a member of the Standby Component of the State Department’s Civilian Response Corps (CRC) from 2009 to 2011. The CRC was created to implement the United States’ whole of government approach to stabilization and reconstruction missions. As a CRC Standby member, Mr. Wildasin obtained training in stabilization and conflict resolution to support security and justice in host nations emerging from conflict.
From October 2011 through September 2012, Mr. Wildasin was detailed through the Office of the Deputy Attorney General as an Attorney Advisor in the Office of the Justice Attaché in the United States Embassy in Baghdad, Iraq, to work on Rule of Law issues, including assisting in the prosecution of terror suspects in U.S. interest cases, training Iraqi judges and police inspectors on the newly enacted anti-Human Trafficking Law, working on land reform issues, and otherwise liaising with the Iraqi Ministry of Justice, Iraqi judiciary, and European Union counterparts.
Mr. Wildasin is a graduate of Duke University and Vanderbilt University School of Law. Immediately after law school, he was a law clerk for United States District Judge Thomas A. Higgins in the Middle District of Tennessee. Prior to joining the United States Attorney’s Office, Mr. Wildasin practiced law in San Francisco with Coudert Brothers and in Nashville with Waller Lansden Dortch & Davis.
He previously served as the Attorney General appointed United States Attorney in 2017.
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Nashville Man Sentenced to 15 Years in Federal Prison for Possession of A Stolen Firearm as a Convicted FelonRead the Press Release
NASHVILLE – Lee Allen Mayhew, 45, was sentenced today in U.S. District Court to 15 years in federal prison for possessing a stolen firearm while being a convicted felon, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
On February 5, 2018, Mayhew was arrested by officers with the Murfreesboro Police Department after he was found to be a passenger in a car stopped for a traffic violation. After producing identification for another person, Mayhew was arrested for criminal impersonation, and during a subsequent search of the vehicle, officers found a Sig Sauer rifle and ammunition in the trunk, which had previously been stolen in Robertson County, Tennessee. Mayhew later admitted that the rifle was his.
Mayhew pleaded guilty to the charge last month and was found at sentencing to be an armed career criminal, based on four prior convictions for residential burglary. Pursuant to the plea agreement, the 15-year sentence will run concurrently with any sentence received from charges pending in the state of Georgia, where Mayhew was charged in October 2020 with the murder of a 52-year-old woman, after breaking into her home and subsequently stealing her car. At the time of that incident, Mayhew was on pre-trial release from the firearms charge in Tennessee and had failed to appear for a hearing the week before.
Mayhew will be transferred to the State of Georgia at a later date for further proceedings.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Murfreesboro Police Department. Assistant U.S. Attorney Juliet Aldridge prosecuted the case.
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United States Files Suit Against Methodist Le Bonheur Healthcare and Methodist Healthcare-Memphis HospitalsRead the Press Release
NASHVILLE – The United States today filed a complaint in intervention alleging violations of the False Claims Act (FCA) and the Anti-Kickback Statute (AKS) by Methodist Le Bonheur Healthcare (MLH) and Methodist Healthcare Memphis Hospitals (collectively, Methodist), for paying unlawful kickbacks to West Clinic, P.C. (West) in exchange for West’s patient referrals, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
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, which allows private citizens with knowledge of false claims to bring civil suits on behalf of the government and to share in any recovery. The qui tam action was initially filed on May 30, 2017, by Jeffrey H. Liebman, the former President of Methodist University Hospital. In December 2019, David M. Stern, M.D., the former Executive Dean and Vice Chancellor at the University of Tennessee Health Sciences Center, who served on the Board of Directors of MLH from 2011 to 2017, joined the lawsuit. Stern was also a member of the Executive Cancer Council and the Steering Committee for the West Cancer Center.
The complaint sets forth in detail the unlawful kickbacks, disguised through a sophisticated business integration wherein Methodist purchased substantially all of the outpatient locations of the largest oncology practice in the Memphis area, owned by West. At the time of the arrangement, Methodist lacked a comprehensive cancer treatment center.
The multi-agreement transaction purported to be a lawful way to allow West’s patients to be treated at Methodist locations by West-employed physicians for outpatient and inpatient services, with West providing management services to Methodist’s adult oncology service line. As a result of the deal, Methodist would receive increased Medicare reimbursements relating to the cancer care. The parties described it as a “partnership” to achieve a cancer “center without walls,” where patients would go to Methodist-owned facilities for all their cancer-related care in what was called the West Cancer Center. However, there was never any formal partnership created, as to do so likely would have violated regulatory requirements.
As part of Methodist’s business combination with West, Methodist made a separate for-profit $7 million investment in ACORN Research, LLC (ACORN), an entity in which West and its Medical Director and shareholder, Dr. Lee Schwartzberg, had a personal financial interest. Through the deal, Methodist provided an immediate influx of millions of dollars in cash to West through its purchase of certain assets, as well as the ACORN investment, which resulted in a repayment of $3.5 million in debt owed to West and its shareholder, Dr. Schwartzberg. Kickbacks for the revenues Methodist generated from the West referrals, however, were disguised as payments Methodist made to West during the seven years of the deal, and expressly for certain services that were supposed to be – but were not – provided under the management services agreement.
As a result of the transaction, Methodist, which prior to the deal had no outpatient cancer treatment, was able to establish a new stream of income in the reimbursements for outpatient treatment that previously went to West. Methodist also realized a huge increase in referrals for inpatient services from West, which previously referred the bulk of its patients to Methodist’s competitors, including Baptist Memorial Hospital.
By purchasing West’s outpatient locations, Methodist was able to bill Medicare not only for the facility and professional components of outpatient treatment but also for the chemotherapy and other drugs provided, for which Methodist could recoup a staggering discount in costs through the 340B Discount Drug Program, resulting in $50 million in profits to Methodist in one year alone.
Methodist knew that it would be a violation of the AKS to compensate West in exchange for the volume or value of referrals to Methodist, yet, as the referrals to Methodist increased over the seven years of the deal, so did Methodist’s payments to West under the management agreement.
Methodist also knew that West had not been providing all the management services at all the locations required by the MSA. For the management services West was performing, Methodist often was double-paying West, as it was paying West separately for these services pursuant to other agreements.
In sum, Methodist knowingly agreed to pay West millions of dollars in kickbacks for the revenues Methodist expected to, and ultimately did, realize from West’s referrals. The arrangement lasted from January 1, 2012, through December 31, 2018, and continued even after Methodist knew that the United States was investigating these allegations following the filing of the whistleblowers’ lawsuit.
The matter is being investigated by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Kara F. Sweet represents the United States.
The claims in which the United States has intervened are allegations only, and there has been no determination of liability. The lawsuit is captioned United States of America ex rel. Jeffrey H. Liebman and David M. Stern, M.D. v. Methodist Le Bonheur Healthcare, et al., Case No. 3:17-cv-00902 (M.D. Tenn.).
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Former Trousdale Turner Supervisory Corrections Officer Pleads Guilty to Civil Rights ViolationsRead the Press Release
NASHVILLE – A former supervisory corrections officer at the Trousdale Turner Correctional Facility in Hartsville, Tennessee, pleaded guilty today to two counts of civil rights violations.
Kenan Lister, 42, of Clarksville, Tennessee, pleaded guilty to one count of deprivation of rights under color of law for using unlawful force on an inmate, and one count of deprivation of rights under color of law for being deliberately indifferent to the inmate’s medical needs.
“All persons, including prison inmates, are guaranteed under the Constitution the right to be free from cruel and unusual punishment,” said U.S. Attorney Wildasin. “I commend our partners at the FBI and the prosecution team for their diligent work in bringing this case and ensuring accountability for the unlawful actions of a prison guard.”
Lister was indicted in September 2021 and today admitted that, on August 30, 2019, he was on duty as the prison’s security threat group coordinator and escorted an inmate to a holding cell after the inmate assaulted a prison employee. At the time, and while the inmate was sitting in a holding cell and not resisting, Lister punched the inmate in the head, knocking him to the ground, and then kicked, punched, and struck the inmate multiple times in his head, chest, and torso after he was on the ground. The assault caused serious bodily injury to the inmate, including fracturing his ribs and puncturing his lung, which required the inmate to undergo surgery and to be hospitalized for several days.
Despite Lister’s knowledge that the inmate needed medical attention, Lister failed to provide medical care or to make the necessary notifications to get the inmate medical care and, instead, locked the inmate in a holding cell.
“When a correctional officer violates the civil rights of an inmate whose safety he is charged with, it undermines the respect and reputation of all law enforcement officers," said Special Agent in Charge Douglas Korneski of the FBI Memphis Field Office. "The FBI will vigorously investigate and bring to justice any law enforcement officer who violates the constitution and the trust of the people."
Lister faces up to 10 years in prison on each count when he is sentenced on August 17, 2022.
This case was investigated by the FBI. Assistant U.S. Attorney Amanda J. Klopf and Trial Attorney Michael J. Songer of the Department’s Civil Rights Division are prosecuting the case.
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Alabama Man Facing Federal Charges Resulting from Violent Crime Spree in TennesseeRead the Press Release
NASHVILLE – A Huntsville, Alabama man has been indicted by a federal grand jury in Nashville, Tennessee, following a violent carjacking and robbery spree last summer, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
The indictment returned yesterday charges Antonio Carvelle Pitts, 20, with two counts of Hobbs Act robbery, two counts of using, carrying, and brandishing a firearm during and in relation to a crime of violence, and transportation of a stolen vehicle in interstate commerce.
According to the indictment and other records filed with the Court, on June 24, 2021, Pitts flagged down an individual in Memphis, Tenn., and asked for a ride. Pitts later pulled a knife and threatened to kill the individual and forced him from the car, before fleeing with the man’s car.
On June 27, 2021, Pitts approached a woman in a church parking lot in Huntsville, Alabama, pointed a “long gun” at her and took her Lexus SUV. Later, on the same day, Pitts entered a Subway restaurant in Fairview, Tenn., with the “long gun” and robbed the store of all the money in the cash register, before fleeing in the Lexus SUV.
Approximately 45 minutes later, Pitts approached the drive-thru window of the McDonald’s restaurant in Hurricane Mills, Tenn., and pointed a black shotgun at the drive-thru worker. Pitts then reached through the window and took the cash from the register.
After the Hurricane Mills robbery and within the next hour, Pitts robbed the McDonald’s on Highway 22 North in Henderson County, Tenn., using the same method at the drive-thru window, and still driving the Lexus SUV.
Shortly after this robbery, the Tennessee Highway Patrol and Madison County Sheriff’s deputies began pursuing Pitts in the Lexus, eventually ramming, and immobilizing the vehicle before taking Pitts into custody.
If convicted, Pitts faces a mandatory minimum of seven years in prison on each count of brandishing a firearm, and up to life in prison.
This case was investigated by the FBI. Special Assistant U.S. Attorney Steven Brantley is prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a Court of Law.
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Superseding Indictment Charges 12 in Gun-Running Conspiracy to Supply Firearms to Gang Members in ChicagoRead the Press Release
NASHVILLE – A 21-count superseding indictment unsealed Wednesday charges 12 individuals with conspiring to violate federal firearms statutes, including dealing in firearms without a license; transporting and receiving firearms into another state; making false statements to a federally licensed firearm dealer; conspiring to possess firearms in furtherance of drug trafficking crimes and to use and carry firearms in relation to crimes of violence; and conspiring to commit money laundering, as well as other related substantive offenses.
The announcement was made by Attorney General Merrick B. Garland; U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee; U.S. Attorney John Lausch for the Northern District of Illinois; Mickey French, Special Agent in Charge of the ATF Nashville Field Division; ATF Special Agent in Charge of the Chicago Field Division Kristen de Tineo; Donald “Trey” Eakins, Special Agent in charge of IRS-Criminal Investigation, Charlotte Field Office; and Mr. Guy Surian, Assistant Director for Investigations and Operations, U.S. Army CID.
Wednesday morning, agents from the ATF, IRS-Criminal Investigation, and officers from the Chicago Police Department and the Davenport, Iowa, Police Department began arresting those charged in the indictment. As of this morning, six of those charged are in custody and the remaining defendants are currently being sought by law enforcement.
The U.S. Attorney’s Office for the Northern District of Illinois will handle the initial appearances by all defendants before they are transferred to the Middle District of Tennessee for further proceedings.
In July 2021, Demarcus Adams, 21; Jarius Brunson, 22; and Brandon Miller, 22, were enlisted members of the U.S. Army and stationed at the Fort Campbell military installation in Clarksville, Tennessee, and were charged by indictment with crimes stemming from the purchase and transfer of dozens of firearms to the streets of Chicago. In addition to these defendants, this superseding indictment charges the following nine individuals in the conspiracies and other substantive offenses: Blaise Smith, 29; Rahaeem Johnson, aka Rah, 24; Bryant Larkin, 33; Corey Curtis, 26; Elijah Tillman, 24; Lazarus Greenwood, aka Zarro, 23; Dwight Lowry, aka Ike, 41; Dreshion Parks, 25, all of Chicago; and Terrell Mitchell, 27, of Davenport, Iowa.
Two individuals alleged to be part of the conspiracies died as a result of gang violence, which was facilitated by the firearms illegally transferred to individuals in the Chicago area prior to this indictment.
The indictment alleges that the new defendants are members of the Gangster Disciples street gang in the Pocket Town neighborhood of Chicago. Between December 2020 and April 2021, the defendants conspired to purchase and deliver over 90 illegally obtained firearms to the Chicago area to facilitate the on-going violent disputes between the Pocket Town Gangster Disciples and their rival gangs.
The indictment further alleges the methods used by co-conspirators to purchase firearms from federally licensed firearms dealers in the Clarksville, Tenn. and Oak Grove, Kentucky areas, which included communicating via text messages to coordinate the purchase and delivery of firearms to the Chicago area; providing false information on firearms purchase application forms; and using apps such as Zelle and CashApp to facilitate payment for the illegal transfer of firearms. On one occasion, the indictment alleges that in addition to several firearms available for sale, Brandon Miller had 1,000 rounds of 9mm ammunition available for purchase.
If convicted, the defendants face up to 20 years in prison on one or more of the charged counts.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives-Nashville, Chicago, and Des Moines Divisions; the U.S. Army Criminal Investigation Division; the IRS-CI - Charlotte and Chicago Field Offices; the Clarksville, Tenn. Police Department; the Chicago Police Department and the Chicago Crime Gun Intelligence Center; and the Davenport, Iowa Police Department. Assistant U.S. Attorneys Josh Kurtzman and Kathryn Risinger are prosecuting the case.
An indictment is merely an accusation. All defendants are presumed innocent until proven guilty in a court of law.
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Nashville Man Sentenced to 17 Years in Federal Prison in Case That Left Child with Gunshot Wound to the HeadRead the Press Release
NASHVILLE – Kedrick Ross, 29, of Nashville, was sentenced yesterday to 17 years in federal prison for drug distribution and firearms charges, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Ross was charged in 2019 with three counts of being a convicted felon in possession of firearms; three counts of possession of a firearm in furtherance of a drug crime; possession with intent to distribute marijuana, methamphetamine and Xanax, within 1,000 feet of an educational institution; possession with intent to distribute marijuana and methamphetamine, within 1,000 feet of a public housing complex; possession with intent to distribute methamphetamine; and two counts of obstruction of justice. He pleaded guilty to the charges in December 2020.
“Because of Ross’s continued lifestyle of drug dealing and other criminal activity, an innocent child sustained life-altering injuries,” said U.S. Attorney Wildasin. “Too often, the reckless conduct of those involved in criminal activity results in tragic, unintended consequences as this case demonstrates. The U.S. Attorney’s Office and our law enforcement partners will continue our pursuit of those who choose a lifestyle of crime without regard to innocent persons.”
On December 13, 2018, Ross, a convicted felon, was arrested in possession of a stolen Glock .40 caliber handgun, 208 grams of marijuana, and a mixture of methamphetamine near the Watkins College of Art in Nashville. While out on bond on these state charges, on May 29, 2019, Ross was in possession of a stolen Glock 9mm handgun, a stolen Glock .45 caliber handgun, marijuana, and methamphetamine, while in the Cumberland View Public Housing development, and on September 9, 2019, Ross was in possession of a stolen Glock .40 caliber handgun while in possession of methamphetamine, with intent to distribute. This firearm was determined to have been the same firearm that Ross left unattended at a relative’s house and with which his three-year-old son shot himself in the head on the same day and was critically injured. Ross later obstructed justice during the investigation of this incident by attempting to persuade his cousin to falsely claim that this firearm belonged to the cousin’s deceased husband.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Metropolitan Nashville Police Department Youth Services Division. Assistant U.S. Attorney Ahmed Safeeullah prosecuted the case.
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Hendersonville Man Sentenced to Federal Prison for Metro Courthouse ArsonRead the Press Release
NASHVILLE – The Hendersonville, Tennessee man, described in Court filings as “the face of the attempt to burn down City Hall,” was sentenced today to federal prison for his participation in the arson of the Metro Courthouse on May 30, 2020, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Wesley Somers, 26, was sentenced by U.S. District Judge Aleta A. Trauger, to five years in prison, followed by three years of supervised release.
“On May 30, 2020, scores of local, state and federal law enforcement officers stood ready to protect the Constitutional right of every citizen to engage in peaceful protests,” said U.S. Attorney Wildasin. “Unfortunately, Somers and others interfered with a lawful assembly and resorted to violence and destructive behavior, which resulted in significant property damage and placed many at risk of harm. We will always defend the right of every individual to exercise their First Amendment liberties but will not tolerate the actions of those who choose to exploit peaceful protest by resorting to violence and intimidation.”
Somers was charged in a criminal complaint on June 3, 2020, following the May 30th protests in downtown Nashville, which resulted from the death of George Floyd in Minneapolis, Minnesota. In the evening, several persons gathered in front of the Nashville City Hall, also known as the Metro Courthouse, and began smashing the windows of the premises and spraying graffiti on the Courthouse facade. The interior of the Courthouse was also set on fire.
Numerous video clips and photographs of the destruction at the Courthouse were posted on social media websites, on the websites for news outlets, and on other Internet sites. One video depicted Somers lighting a sign on fire and placing it through the window of the Courthouse. Somers then sprayed an accelerant into the fire which quickly caused the fire inside the Courthouse to spread.
Somers was soon identified by the Metropolitan Nashville Police Department – Specialized Investigation Division, after receiving numerous tips from citizens.
Records filed with the Court also indicate that after Somers was arrested and booked into the Davidson County Jail, he reveled in his newfound fame and related during a phone call that he was a celebrity among other inmates and had been nicknamed “Protest.”
Somers and Shelby Ligons, 23, of Nashville, Tenn., were indicted on October 20, 2020. Somers pleaded guilty on June 29, 2021. Shelby Ligons pleaded guilty on March 3, 2021. She was sentenced on August 11, 2021, to a year and a day in prison.
This case was investigated by the Metropolitan Nashville Police Department; the FBI; and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Ben Schrader and Trial Attorney Justin Sher of the Department’s Counterterrorism Section prosecuted the case.
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Clarksville Business Owner Pleads Guilty to Tax EvasionRead the Press Release
NASHVILLE – A Clarksville, Tennessee, business owner pleaded guilty today in U.S. District Court to a single count of tax evasion, announced U.S. Attorney Mark Wildasin for the Middle District of Tennessee.
Andrew Huy Nguyen, 54, the owner of Call it Pho restaurant and Venus Nails Spa, both located in Clarksville, Tennessee, admitted responsibility for a tax loss of more than $428,000.
Nguyen was charged on March 3, 2022, in a criminal Information, which alleged that Nyugen, as the owner of Call it Pho, willfully evaded his responsibility to pay his employer’s share of employment taxes to the IRS by underreporting the wages he paid his Call it Pho employees. He hid from the IRS the true amount of wages he paid his Call it Pho employees by failing to issue some employees W2 Forms, by paying some employees solely in cash, and by paying some employees a combination of 50% check and 50% cash. Nyugen took numerous steps to conceal from the IRS the true amount of wages he paid to his employees, including preparing and issuing 1099 Forms instead of W2 Forms to disguise the wages paid to employees as “nonemployee compensation.” He further disguised the wages by issuing 1099 Forms that falsely made it appear as though those employees worked at another business that he owned, Venus Nails Spa.
For tax years 2017, 2018, and 2019, Nyugen evaded more than $34,000 of the employer’s employment taxes related to Call it Pho.
In addition, Nguyen willfully failed to withhold and pay over to the IRS approximately $78,667 in employment taxes and federal income taxes from his employees’ paychecks at Call it Pho.
Nyugen also issued false 1099 Forms to nail technicians employed at Venus Nails Spa that did not report all the wages he paid them. Nguyen paid Venus employees at least $946,716.24 in cash, which he did not report on the 1099 Forms that he issued to them. This caused his employees to file false tax returns that did not report all their income, which resulted in an additional tax loss of approximately $315,856.
Nguyen faces up to five years in prison and a $250,000 fine when he is sentenced on September 23, 2022. Nguyen has agreed to pay immediate restitution in the amount of $428,620.12.
This case was investigated by IRS-Criminal Investigation. Assistant U.S. Attorney Kathryn W. Booth is prosecuting the case.
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