Eastern District of Texas
Press releases recorded for this federal judicial district.
Dallas Man Sentenced to 30 years in Federal Prison for Supplying Heroin in Plano OverdoseRead the Press Release
PLANO, Texas – A Dallas man has been sentenced to federal prison for drug violations related to a 2019 overdose in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Jose Antonio Carreto, 31, was convicted by a jury on June 1, 2021, of conspiracy and distribution of heroin resulting in seriously bodily injury, conspiracy to possess with intent to distribute and distribution of methamphetamine, and possession with intent to distribute and distribution of heroin resulting in serious bodily injury aiding and abetting. Carreto was sentenced to 360 months in federal prison by U.S. District Judge Sean D. Jordan on Oct. 13, 2022.
According to information presented in court, on Sep. 25, 2019, law enforcement authorities responded to a heroin overdose on a Plano highway. The victim was administered Narcan and survived the overdose. An investigation revealed that Carreto and his brother, Isauro Carreto-Cruz, had supplied the heroin used in the overdose.
“This case highlights the dangers of illegal drug use,” said U.S. Attorney Brit Featherston. “Although dangerous alone, street heroin often contains chemicals that can cause death or serious bodily injury. We are seeing a drastic increase in illegal drugs poisoned with illegal fentanyl that are causing many deaths around the country. We will take all action within our power to investigate and prosecute those who spread this poison in our communities. We appreciate the great work by the investigators and prosecutor in this case.”
Jose Antonio Carreto and Isauro Carreto-Cruz were indicted by a federal grand jury on Nov. 13, 2019 and both were convicted at trial in June 2021. Isauro Carreto-Cruz was sentenced to 78 months in federal prison on March 11, 2022.
This case was investigated by the Plano Police Department, the Texas Department of Public Safety and the Plano Fire Department and prosecuted by Assistant U.S. Attorney Ernest Gonzalez.
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Louisiana Felon Sentenced for East Texas Firearms ViolationRead the Press Release
TYLER, Texas – A Baton Rouge, Louisiana, man has been sentenced for a federal firearms violation in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Marland Gibson, 53, was found guilty at trial on April 27, 2022, of being a felon in possession of a firearm and was sentenced to 48 months in federal prison on Oct. 12, 2022, by U.S. District Judge J. Campbell Barker.
According to information presented in court, on March 20, 2021, Gibson was stopped for speeding on Interstate-20 in Gregg County. During the traffic stop, it was determined Gibson had an outstanding warrant for failing to appear in Marion County, Indiana on a charge of unlawful possession of a firearm by a serious violent felon. Gibson was arrested on the warrant and a search of the vehicle revealed not only a handgun hidden in a compartment behind the vehicle’s dashboard, but a suitcase in the rear of the vehicle containing another firearm and multiple rounds of assorted ammunition.
Further investigation revealed Gibson is a convicted felon and prohibited by federal law from owning or possessing firearms or ammunition. Gibson was indicted by a federal grand jury on June 17, 2021.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Texas Department of Public Safety and the Gregg County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Jim Noble.
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Texarkana High School Band Instructor Charged with Federal Child Exploitation ViolationsRead the Press Release
TEXARKANA, Texas – A Texarkana, Arkansas, man has been charged in a federal complaint with violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Brandon Neil Sams, 46, appeared before U.S. Magistrate Judge Boone Baxter on Oct. 7, 2022, on a federal complaint charging him with enticement of a minor and obstruction of justice.
According to the complaint and information presented in court, from March 2022 through September 2022, Sams, while serving as a band instructor at Texas High School, allegedly attempted to entice or persuade a minor to engage in sexual activity. On Sep. 26, 2022, Sams allegedly attempted to obstruct or conceal information from law enforcement.
This case is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
If convicted, Sams faces from 10 years to life in federal prison.
This case is being investigated by Homeland Security Investigations and the Texarkana Independent School District. This case is being prosecuted by Assistant U.S. Attorney Jonathan R. Hornok.
An indictment or complaint is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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California Man Indicted in Cryptocurrency Money Laundering ConspiracyRead the Press Release
TYLER, Texas – A San Francisco, CA man has been indicted for federal violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
John Khuu, 27, was named in an indictment returned by a federal grand jury charging him with money laundering conspiracy. Khuu was arraigned in federal court by U.S. Magistrate Judge John D. Love on Oct. 6, 2022.
According to the indictment, Khuu is alleged to have conspired with others to launder the proceeds of his drug trafficking organization through cryptocurrency. The defendant allegedly distributed counterfeit pharmaceutical pills and other controlled substances on dark web markets to customers across the United States. Customers paid for their purchases by transferring cryptocurrency, usually Bitcoin, from their dark web market customer accounts to one of Khuu’s vendor accounts. Khuu and his co-conspirators traded the Bitcoin for U.S. currency and laundered the proceeds through hundreds of transactions and dozens of financial accounts.
During the course of the conspiracy, Khuu and his co-conspirators allegedly laundered more than $5,350,000.00.
On May 18, 2022, a federal grand jury in the Eastern District of Texas returned an indictment charging Khuu with conspiracy to commit money laundering. On August 17, 2022, a federal grand jury in the Northern District of California returned a two-count indictment charging Khuu with unlawful importation of a controlled substance.
On August 19, 2022, agents arrested Khuu pursuant to both warrants at a residence in Garden Grove, CA.
If convicted, Khuu faces up to 20 years in federal prison on each charge. A grand jury indictment is not evidence of guilt. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case is being investigated by the U.S. Secret Service and the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Nathaniel C. Kummerfeld.
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Florida Man Guilty of Violating International Economic Powers ActRead the Press Release
SHERMAN, Texas– A Ponte Vedra, Florida, man has pleaded guilty to international smuggling violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Eddy Johan Coopmans, 61, pleaded guilty to conspiracy to smuggle goods out of the United States and to violate the International Emergency Economic Powers Act, before U.S. Magistrate Judge Christine Nowak on Oct. 4, 2022.
According to information presented in court, Coopmans and another individual who is a foreign national agreed to illegally export controlled technology, specifically Space Grade Field Programmable Gate Array Circuits, to Russia and China. As part of their scheme, Coopmans and his co-conspirator communicated with individuals whom they believed would help them smuggle the circuits, paid them approximately $1,217,100 USD, and made false statements to government regulators.
Coopmans was indicted by a federal grand jury on August 13, 2019. He faces up to 5 years in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by Homeland Security Investigations and the Federal Bureau of Investigation with assistance from Department of Commerce - Bureau of Industry and Security; Department of Defense Criminal Investigative Services; Internal Revenue Service – Criminal Investigation; and United States Postal Inspection Service. Assistant U.S. Attorneys in the Eastern District of Texas and Attorneys with the National Security Division assisted with the prosecution.
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Collin County Man Guilty of Multiple Federal Crimes Related to Carrollton MurderRead the Press Release
SHERMAN, Texas – An Allen man has been found guilty of multiple federal violations related to a fraud scheme that included the murder of a Carrollton man, announced Eastern District of Texas U.S. Attorney Brit Featherston today.
Keith Todd Ashley, 50, was found guilty by a jury of wire fraud, mail fraud, carrying a firearm in relation to a crime of violence and bank fraud. The verdict was reached today following a week-long trial before U.S. District Judge Amos L. Mazzant.
According to information presented at trial, beginning in 2016, Ashley, a registered nurse who also began working as a financial advisor and life insurance agent, started stealing money from his clients. Ashley promised his clients he would invest their money in financial products but instead used the funds to pay other clients, to keep his struggling brewery in business, to pay his personal bills and to fund a lavish lifestyle. In May 2016, Ashley began stealing investment funds from a Carrollton man. This scheme included transferring the client’s money into his personal accounts and changing the beneficiary of the man’s life insurance to a trust controlled by Ashley. The scheme eventually resulted in the Feb. 19, 2020, murder of the client, which Ashley attempted to stage as a suicide. Even after the client was killed, Ashley went through elaborate steps to collect on the life insurance policy, transfer funds from the victim’s bank account to himself, and attempt to obtain a copy of the victim’s autopsy report. Ashley was indicted by a federal grand jury on Nov. 12, 2020, and has been charged with various federal violations, including wire fraud, mail fraud and firearms violations.
“Ashley went to great lengths to defraud clients that trusted him,” said U.S. Attorney Brit Featherston. “By plotting and causing the death of one client to steal his money, Ashley committed the ultimate betrayal of trust and decency and the jury saw Ashley for who he is, a con-artist who would go so far as murder to get what he wanted. Incredible work by investigators and prosecutors, as well as coordination between the Feds and the State have succeeded in getting this depraved criminal off the street.”
“Keith Ashley’s desire for wealth and comfort outweighed his ability to uphold his professional responsibility in both the medical and financial fields. He failed to act in the best interests of his clients and instead robbed them of their financial security, in this specific instance, he also ended a life,” said Dallas FBI Special Agent in Charge Matthew J. DeSarno. “We will continue to seek justice for victims of these deceitful schemes, and I am grateful for the collaborative and investigative work performed by local and federal law enforcement on this case.”
Ashley faces up to life in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Federal Bureau of Investigation – Frisco Resident Agency, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Dallas County District Attorney’s Office, and the Carrollton Police Department. This case was prosecuted by Assistant U.S. Attorneys Heather Rattan and Jay Combs and Special Assistant U.S. Attorney Jason Fine.
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Three Southeast Texas Felons Guilty of Firearms Offenses in Separate IncidentsRead the Press Release
BEAUMONT, Texas– Three Southeast Texas men have pleaded guilty to firearms offenses in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Michael Lawrence Geral, Jr., 35, of Orange; Joseph Jarred Thibodeaux, also known as Pitt, 34, of Orange; and Eric Emerson, 52, of Beaumont, each pleaded guilty of being a felon in possession of a firearm in separate hearings today before U.S. District Judge Marcia A. Crone.
According to information presented in court, on Dec. 13, 2021, Geral was stopped for a traffic violation by officers with the Orange Police Department. As officers spoke with Geral, they smelled the odor of burnt marijuana coming from the vehicle. Officers searched the vehicle and found a firearm which Geral admitted was his. Geral is a previously convicted felon and prohibited from possessing firearms.
On March 7, 2022, law enforcement officers with the Orange Police Department responded to an incident where Thibodeaux was said to have fired several shots from his vehicle towards another vehicle in Orange, some of which hit another vehicle. Officers arrested Thibodeaux and a search of his vehicle revealed a firearm under the driver’s seat and several used shell casings. Thibodeaux was also found to be a previously convicted felon and prohibited by federal law from owning or possessing firearms or ammunition.
On March 28, 2022, law enforcement officers with the Beaumont Police Department responded to a call of a burglary alarm going off at a local business located on West Cardinal Drive, in Beaumont. When officers arrived at the business, they observed a lone vehicle parked near the business. Emerson exited the vehicle. As officers investigated the scene, they observed a firearm on the passenger seat of the vehicle Emerson had exited. Further investigation revealed Emerson was a previously convicted felon and prohibited from owning or possessing firearms or ammunition.
The defendants each face up to 10 years in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
These cases were prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
These cases were investigated by the Bureau fo Alcohol, Tobacco, Firearms and Explosives, the Orange Police Department, and the Beaumont Police Department and prosecuted by Assistant U.S. Attorney Russell James.
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Eastern District of Texas Joins Transnational Elder Fraud Strike Force to Protect Older AmericansRead the Press Release
BEAUMONT, Texas – The Eastern District of Texas announced today that as part of its continuing efforts to protect older adults and to bring perpetrators of fraud schemes to justice, it is joining the Justice Department’s Transnational Elder Fraud Strike Force, as one of 14 additional U.S. Attorney’s Offices. Since 2019, current Strike Force members — including the Department’s Consumer Protection Branch, six U.S. Attorneys’ Offices, the FBI, U.S. Postal Inspection Service and Homeland Security Investigations — have brought successful cases against the largest and most harmful global elder fraud schemes and worked with foreign law enforcement to disrupt criminal enterprises, disable their infrastructure and bring perpetrators to justice. Expansion of the Strike Force will help to coordinate the Department’s ongoing efforts to combat sophisticated fraud schemes that target or disproportionately impact older adults. The expansion will increase the total number of U.S. Attorneys’ Offices comprising the Strike Force from six to 20, including all of the U.S. Attorneys’ Offices in the states of California, Arizona, Texas, Florida, Georgia, Maryland and New York.
“We are intensifying our efforts nationwide to protect older adults, including by more than tripling the number of U.S. Attorneys’ offices participating in our Transnational Elder Fraud Strike Force dedicated to disrupting, dismantling and prosecuting foreign-based fraud schemes that target American seniors,” said Attorney General Merrick B. Garland. “This expansion builds on the Justice Department’s existing work to hold accountable those who steal funds from older adults, including by returning those funds to the victims where possible.”
“To this day the greatest generation remains the backbone for supporting truth and justice and the American way; knowing better than most what exceptional sacrifices ordinary Americans made to keep our country free,” said Eastern District of Texas U.S. Attorney Brit Featherston. “Unfortunately, those amazing senior citizens now face a target on their own back from cowardly swindlers who attempt to take advantage of them. It’s our turn to give back by helping prevent crimes committed by thieves who lurk at the end of a phone or computer screen. All of us should make it a priority to prevent our seniors from falling prey to these criminals and know that anyone who harms our greatest generation will be hunted down and prosecuted, for that you have our commitment.”
The Strike Force expansion will further enhance the Department’s existing efforts to protect older adults from fraud and exploitation. During the period from September 2021 to September 2022, Department personnel and its law enforcement partners pursued approximately 260 cases involving more than 600 defendants, both bringing new cases and advancing those previously charged. The matters tackled by the Department and its partners ranged from mass-marketing scams that impacted thousands of victims to bad actors scamming their neighbors. Substantial efforts were also made over the last year to return money to fraud victims.
As part of its elder fraud efforts, the Eastern District of Texas engaged in outreach to the community to raise awareness about scams and exploitation and preventing victimization. This year, the Eastern District of Texas participated in events to provide educational programming to seniors such as presentations provided to tenants of the Plaza Tower in downtown Tyler; local Rotary Clubs; the Hamptons of Tyler, a retirement community; residents of the Pecan Place Senior Apartments in Bonham; the Texoma Senior Center in Sherman; and a church in Beaumont. Groups or organizations in the Eastern District of Texas that are interested in securing a speaker for their event should contact Assistant U.S. Attorney Camelia Lopez at the Plano U.S. Attorney’s Office at 972-509-1201.
The Department also highlighted other efforts, including the indictment of individuals in the Eastern District of Texas who were charged in September 2021 with, allegedly, facilitating a range of schemes, including romance scams.
In the past year, the Department has notified over 550,000 people that they may be eligible for payments. Notifications were made to consumers whose information was sold by one of three data companies prosecuted by the Department and were later victims of “sweepstakes” or “astrology” solicitations that falsely promised prizes or individualized services in return for a fee. More than 150,000 of those victims cashed checks totaling $52 million, and thousands more are eligible to receive checks. Also notified were consumers who paid fraudsters perpetrating person-in-need scams and job scams via Western Union. In the past year, the Department has identified and contacted over 300,000 consumers who may be eligible for remission. Since March of 2020 more than 148,000 victims have received more than $366 million as a result of a 2017 criminal resolution with Western Union for the company’s willful failure to maintain an effective anti-money laundering program and its aiding and abetting of wire fraud.
Over the past year, the Department pursued cases against the perpetrators of “grandparent scams,” otherwise known as “person-in-need scams.” These scams typically begin when a fraudster, often based overseas, contacts an older adult and poses as either a grandchild, other family member or someone calling on behalf of a family member. Call recipients are told that their family member is in jeopardy and is urgently in need of money. When recently sentencing one of eight perpetrators of a grandparent scam indicted under the Racketeer Influenced and Corrupt Organizations Act, a federal judge described such scams “heartbreakingly evil.” The Department is working with government partners and others to raise awareness about these schemes.
Reporting from consumers about fraud and fraud attempts is critical to law enforcements efforts to investigate and prosecute schemes targeting older adults. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available the National Elder Fraud Hotline: 1-833 FRAUD-11 (1-833-372-8311). This Department of Justice Hotline, managed by the Office for Victims of Crime, is staffed by experienced professional who provide personalized support to callers by assessing the needs of the victim and identifying next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting or connect them with agencies, and provide resources and referrals on a case-by-case basis. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. Eastern Time. English, Spanish and other languages are available. More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website, www.elderjustice.gov.
Some of the cases that comprise today’s announcement are charges, which are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Jefferson County Felon Sentenced for Federal Firearms ViolationRead the Press Release
BEAUMONT, Texas – A Beaumont man has been sentenced for a federal firearms violation in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Robert Lee Anderson, 46, pleaded guilty on June 6, 2022, to being a felon in possession of a firearm and was sentenced to 36 months in federal prison today by U.S. District Judge Marcia A. Crone.
According to information presented in court, on March 21, 2022, law enforcement officers noticed a vehicle they knew to be stolen parked in a lane of traffic with its lights off near French Road in Beaumont. Officers observed Anderson walking away from the vehicle and instructed him to stop. Instead, Anderson fled through a neighboring yard, throwing a firearm on the roof of a residence. Anderson was apprehended and the firearm was recovered. Further investigation revealed Anderson was a convicted felon and prohibited by federal law from owning or possessing firearms or ammunition. Anderson was indicted on federal firearms violations on April 20, 2022.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Beaumont Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant U.S. Attorney Russell James.
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Beaumont Men Indicted on Federal Violations in Animal Cruelty CaseRead the Press Release
BEAUMONT, Texas – Two Beaumont men have been indicted for federal violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Decorius Mire, 23, and Donaldvan Williams, 28, were named in an indictment returned by a federal grand jury on Sep. 7, 2022, charging them with animal crushing, and aiding and abetting. Mire made his initial appearance today before U.S. Magistrate Judge Zack Hawthorn. Williams did the same last week.
Animal crushing is defined under federal criminal law as, “actual conduct in which one or more living non-human mammals, birds, reptiles, or amphibians, is purposely crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury.”
If convicted, Mire and Williams face up to seven years in federal prison.
This case is being investigated by the Federal Bureau of Investigation and the Beaumont Police Department and prosecuted by Assistant U.S. Attorney Joseph R. Batte.
A grand jury indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Nacogdoches Felon Sentenced for Federal Firearms ViolationRead the Press Release
BEAUMONT, Texas – A Nacogdoches man has been sentenced for federal firearms violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Travis Lane Favro, 47, pleaded guilty on Nov. 4, 2021, to being a felon in possession of a firearm and was sentenced to 80 months in federal prison today by U.S. District Judge Michael Truncale.
According to information presented in court, on Oct. 16, 2019, law enforcement officers responded to a home in Nacogdoches where Favro had reportedly threatened to kill his parents. The officers went next door to Favro’s residence and found him barricaded inside. After a brief standoff, Favro surrendered and was arrested. Officers searched the residence and found a rifle and a shotgun as well as two homemade silencers. One of the silencers was attached to the rifle, which found near two large capacity magazines: one 60-round drum magazine and one 30-round magazine. The officers also discovered that one interior wall of the house was fortified with concrete blocks and gunports that opened to the outside. There was also a large television nearby that monitored multiple cameras placed outside the residence. Further investigation revealed Favro was a convicted felon having been previously found guilty in state court of felon in possession of a firearm and possession of a controlled substance. As a convicted felon, Favro is prohibited by federal law from owning or possessing firearms or ammunition. Favro was indicted on federal firearms violations on Nov. 6, 2019.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Nacogdoches Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant U.S. Attorney John B. Ross.
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Cuban National Sentenced for Gas Pump Skimmer SchemeRead the Press Release
BEAUMONT, Texas – A Cuban national residing in Groves, Texas has been sentenced for federal violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Orlando Enrique Quesada-Oliva, 25, pleaded guilty on Feb. 10, 2022 to conspiracy to commit access device fraud and aiding and abetting aggravated identity theft and was sentenced to 30 months in federal prison today by U.S. District Judge Michael Truncale.
According to information presented in court, on Jan. 27, 2017, an officer with the Nacogdoches Police Department conducted a traffic stop on a vehicle driven by Victor Entenza, 30, and occupied by Ricardo Chavez-Travieso, 29, and Oliva, all Cuban nationals. After the officer discovered a discarded credit card on the ground, near where the driver had been, a search of the vehicle was conducted. A notepad was found that listed various gas stations in Texas, Tennessee, and Alabama. The search also produced numerous cell phones, a laptop computer and tape used as a security seal/tamper indicator for gas station fuel pumps. The officer also located a card skimmer, an encoder, a key used to open gas pumps and credit cards located in hidden compartments within the vehicle. Credit card information for a total of nine individuals, other than the occupants of the vehicle, was found either on the computer or in the vehicle. Oliva was indicted on Oct. 8, 2020. Oliva is the last of the three defendants to be sentenced. Entenza and Travieso, were both previously sentenced to 30 months on the same counts.
“Typically, a skimmer, such as the one found in this case, is placed inside a gas pump and used by criminals to collect credit card information from victims using the pump,” said U.S. Attorney Brit Featherston. “The intended gas purchase will proceed without interruption of any kind or any notification to the victim or third party,” Featherston added. “A single gas station skimmer is capable of storing credit card information for hundreds of victims.”
This case was investigated by the Nacogdoches Police Department and Homeland Security Investigations and prosecuted by Special Assistant U.S. Attorney Tommy Coleman.
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Austin-Area Man Sentenced to 48 Years in Federal Prison for Fraud and Money Laundering Violations in the Eastern District of TexasRead the Press Release
SHERMAN, Texas – A Leander man has been sentenced to 48 years in federal prison for fraud and money laundering violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
James Clark Nix, 73, was found guilty by a jury on April 21, 2022, of conspiracy to commit wire fraud, wire fraud, money laundering, and aiding and abetting. Nix was sentenced to 576 months in federal prison by U.S. District Judge Amos L. Mazzant on Sep. 22, 2022.
According to information presented at trial, James Nix and his son, Bradley Nix, used their businesses, AMIG and NECO, to defraud victim investors of at least $6 million, under the false promise of small business investments and high interest returns of up to 10 percent. Once in possession of the fraudulent funds, James Nix used the money for various expenses such as luxury homes, hotels, and vehicles. During the investigation, investigators lawfully seized a Maserati and Land Rover that were tied to James Nix’s fraudulent conduct. The jury convicted James Nix on all counts - conspiracy, wire fraud, and money laundering.
“James Nix conned hard working people out of their life savings in order to fund his luxurious lifestyle,” said U.S. Attorney Brit Featherston. “Nix left a trail of heartache and destruction through each of his victims, and this sentence ensures that he will never victimize another person again.”
“Mr. Nix’s conduct was uniquely sinister and deceptive. He obtained the trust of his clients, many of whom were his friends, over the course of decades. He manipulated this trust to obtain their life’s savings and 401ks, while promising them good investments that would provide them with a comfortable retirement. In reality, Mr. Nix was using this money to operate a Ponzi scheme and fund a life of luxury. Ultimately, Mr. Nix's lies and greed destroyed his clients’ financial futures and deprived them of their hard earned retirement,” said FBI Dallas Special Agent in Charge Matthew DeSarno. “Investment fraud is a pervasive threat that affects all ages and demographics. We encourage the public to conduct due diligence before investing with an individual or business and review FBI online resources on business and investment fraud scams at fbi.gov.”
“Mr. Nix exploited his position as a personal accountant to gain the trust of investors, steal their hard-earned money, and unjustly enrich himself. His elaborate Ponzi scheme was like a ‘house of cards’ - the underlying structure fell apart and left investors in financial ruin,” said IRS Criminal Investigation Special Agent in Charge Christopher J. Altemus, Jr. of the Dallas Field Office. “This sentence reflects the egregiousness of Nix’s crimes and now Nix will spend the rest of his life in prison.”
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation and prosecuted by Assistant U.S. Attorneys from the Eastern District of Texas.
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Nacogdoches Man Sentenced for Federal Drug Trafficking and Firearms ViolationsRead the Press Release
BEAUMONT, Texas – A Nacogdoches man has been sentenced for federal drug trafficking and firearms violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Timothy Ray Hill, Jr., 28, pleaded guilty on Feb. 17, 2022, to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime and was sentenced to 130 months in federal prison today by U.S. District Judge Marcia A. Crone.
According to information presented in court, on March 20, 2021, law enforcement officers responded to a private party in San Augustine, Texas where a man was brandishing a firearm. Upon arrival, a sheriff’s deputy encountered Hill, who was walking toward him with his hand on the grip of a pistol that was protruding from his front pant pocket. After Hill ignored the deputy’s commands to take his hand off the gun, a police officer deployed his taser against Hill to end the standoff. The deputy then searched Hill and recovered the loaded pistol, 394 methamphetamine pills, and a large amount of cash.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the San Augustine Police Department, the San Augustine County Sheriff’s Office, and the U.S. Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney John B. Ross.
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Former Denton Police Officer Sentenced for Child Exploitation ViolationsRead the Press Release
SHERMAN, Texas – An Argyle, Texas man has been sentenced to federal prison for child exploitation violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
David Schoolcraft, 39, pleaded guilty on Dec. 28, 2021, to possession of child pornography and was sentenced to 121 months in federal prison today by U.S. District Judge Amos L. Mazzant.
According to information presented in court, Schoolcraft came to the attention of law enforcement when it was discovered that he was distributing child pornography within a social media application between December 2020 and January 2021. An investigation revealed that he was engaged in this activity while at the Denton Police Department, where he served as a police officer, as well as at his home in Argyle. Federal agents served search warrants and met with Schoolcraft in February 2021, at which time Schoolcraft admitted to using a social media application and his cellular phone to trade child pornography. Schoolcraft admitted to possessing images and videos of prepubescent minors engaged in sexually explicit conduct, including children who were bound and sexually abused by adults. Schoolcraft was indicted by a federal grand jury on March 10, 2021.
“Children are the most precious and vulnerable members of our society, and justice and basic human decency demands that we do everything in our power to protect them from harm,” said U.S. Attorney Brit Featherston. “Schoolcraft violated his oath of office as a police officer and the trust of our community, and instead of protecting children he took pleasure in viewing children being sexually exploited and harmed. Although no sentence can make up for the pain he caused, this sentence should put everyone on notice that the Eastern District of Texas will not tolerate this behavior.”
“The details of this case are upsetting not only because it involves the distribution of material exploiting children, but also because the perpetrator was a police officer who was expected to serve and protect his community,” said FBI Dallas Special Agent in Charge Matthew DeSarno. “The FBI and our law enforcement partners consistently work together to hold child predators accountable for their actions. We are also steadfast in our commitment to protect children from individuals who seek to exploit their innocence.”
This case is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the Federal Bureau of Investigation, Plano Police Department and Denton Police Department. This case was prosecuted by Assistant U.S. Attorney Marisa Miller.
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Beaumont Man Sentenced for Federal Drug Trafficking and Firearms ViolationsRead the Press Release
BEAUMONT, Texas – A Beaumont man has been sentenced to 10 years in federal prison for drug trafficking and firearms violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Tywayne Marquis Parker, 31, pleaded guilty on Feb. 8, 2022, to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime and was sentenced to 120 months in federal prison today by U.S. District Judge Marcia Crone.
According to information presented in court, on June 21, 2021, Parker was stopped in Beaumont for a traffic violation. A search of the vehicle revealed two firearms, approximately 100 grams of pills containing methamphetamine, and a large amount of cash and other evidence of drug trafficking.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Beaumont Police Department and prosecuted by Assistant U.S. Attorney Russell James.
Mexican Drug Trafficker Extradited to the United States on Federal ViolationsRead the Press Release
PLANO, Texas – A Mexican national with dual citizenship has been extradited from Mexico to the United States to face drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Nazario Cavazos-DeLuna, 59, of Mexico, was indicted by a federal grand jury on Oct. 14, 2010, and charged with continuing a criminal enterprise; conspiracy to distribute or possess with intent to distribute cocaine, methamphetamine, marijuana, or ecstasy; conspiracy to commit money laundering; using or carrying a firearm during a drug trafficking crime or possessing a firearm in furtherance of a drug trafficking crime.
Cavazos-DeLuna is a dual citizen of Mexico and the United States, receiving his naturalization in October 1995. Cavazos-DeLuna was arrested in Mexico pursuant to a provisional arrest request by the United States and subsequently, extradited to the United States on Sep. 20, 2022. He appeared in federal court in Plano, Texas on Sep. 21, 2022, for an initial appearance and arraignment and was ordered to be detained pending trial.
According to the indictment, Cavazos-DeLuna is the long-term leader of a large-scale, international organization importing large quantities of multiple types of drugs into the United States from Mexico. The drugs include methamphetamine, cocaine, and marijuana. He was headquartered in the United States but fled to Mexico where he was captured and extradited.
If convicted, Cavazos-DeLuna faces 10 years to life in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
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.
This case is being investigated by Homeland Security Investigations and the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorneys in the Eastern District of Texas.
The Justice Department’s Office of International Affairs and Office of Enforcement Operations worked with law enforcement partners in Mexico to secure the arrest and extradition of Cavazos to the United States. Special thanks to the Government of Mexico for their help in the capture and extradition of Cavazos-DeLuna.
An indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Hardin County Man Guilty of Bank RobberyRead the Press Release
BEAUMONT, Texas– A Kountze man has pleaded guilty to robbing a bank in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Timothy Shane Mitchell, 38, pleaded guilty to bank robbery before District Judge Marcia Crone on Sep. 16, 2022.
According to information presented in court, on June 6, 2022, Mitchell robbed the Lumberton branch of the Community Bank of Texas. Mitchell approached a teller’s station at the bank and gave the teller a note demanding money. Mitchell told the teller he had a gun, which he threatened to use if she alerted authorities. The teller gave Mitchell a stack of currency and he left the bank. The teller immediately activated the panic button alerting police to the robbery. Witnesses were able to describe Mitchell’s vehicle, which was apprehended shortly after the robbery. Mitchell was arrested and the $5,860 in currency was recovered at that time.
Mitchell was indicted by a federal grand jury on June 8, 2022. Mitchell faces up to 20 years in federal prison upon sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the Lumberton Police Department and the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Joseph R. Batte.
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Four Red River Army Depot Officials and Vendors Sentenced in Federal Bribery and Conspiracy SchemeRead the Press Release
TEXARKANA, Texas – Four individuals, including two Red River Army Depot (RRAD) officials, have been sentenced for federal violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Jeffrey Harrison, 44, of Texarkana, a former RRAD vendor, pleaded guilty on May 18, 2021, to bribing Jimmy Scarbrough, a former RRAD official, and was sentenced to 30 months in federal prison today by U.S. District Judge Robert W. Schroeder, III. Harrison was also ordered to forfeit $300,000.
Justin Bishop, 52, of Clarksville, a former RRAD vendor, pleaded guilty on May 18, 2021, to bribing Scarbrough and was sentenced to 12 months and 1 day in federal prison on Sep. 6, 2022, by Judge Schroeder. Bishop was also ordered to forfeit $55,000.
Devin McEwin, 43, of Avery, a former RRAD official, pleaded guilty on May 27, 2021, to receiving bribes from Harrison and was sentenced to a five-year term of federal probation, including eight months of home confinement. McEwin was also ordered to forfeit $21,000 and pay a fine of $5,000.
Louis Singleton, 64, of Texarkana, a former RRAD official, pleaded guilty on April 27, 2022, to receiving bribes from Harrison and others and was sentenced to five years of federal probation, including eight months of home confinement, and was ordered to forfeit $18,000.
“The Red River Army Depot is a key component of our nation’s defense infrastructure and is the lifeblood of the surrounding community,” said U.S. Attorney Brit Featherston. “Scarbrough, Harrison, Bishop, McEwin, Singleton, and others exploited the public trust in order to line their own pockets and undermined the warfighting mission of the Depot in the process.”
“These sentences are a direct reflection of the tenacity and teamwork by MPFU special agents and our law enforcement partners,” said SA Scott Moreland, Special Agent-in-Charge of the Major Procurement Fraud Field Office (MPFFO), U.S. Army CID. “Bribery and other fraud schemes have no place in the government contracting system and those who attempt it will be caught.”
“Today’s announcement highlights a successful collaboration among partner agencies as we collectively hold these defendants accountable for allegedly creating a fraudulent and deceptive scheme against the government and the people of the United States. We remain committed to the aggressive pursuit of those who selfishly leverage government programs for their own personal gain,” said Dallas FBI Special Agent in Charge, Matthew J. DeSarno.
According to information presented in court, Scarbrough was the Equipment Mechanic Supervisor at the RRAD in Texarkana, Texas, a position he held from November 2001 until May 2019. Scarbrough directed more than $7 million in purchases from RRAD to Harrison and Bishop through the government purchase card (GPC) program. In order to manipulate the GPC program, which is designed to ensure a competitive bidding process, Scarbrough told the vendors what to bid, including the item, the quantity, and the price. By collecting fake bids from multiple vendors, Scarbrough was able to direct RRAD purchases to his select vendors, in this case Harrison and Bishop, while maintaining the appearance of a competitive bidding process. Scarbrough also defrauded the United States by falsely certifying that he had received the purchased items, therefore causing the RRAD to pay his select vendors. However, the reality was that Scarborough instructed the vendors not to deliver certain RRAD-purchased items.
Scarbrough demanded hundreds of thousands of dollars in bribes from his selected vendors. Scarbrough accepted bribes in various forms, including receiving at least $116,000.00 in U.S. Postal Service money orders from Harrison. Scarbrough also had Harrison and Bishop purchase at least $135,000.00 in car parts or services for his hot rod collection, which included a red and black 1936 Ford Tudor, an electric green 1932 Ford Coupe, a cherry red 1951 Ford F-1 truck, and more. Scarbrough received more than $27,000.00 worth of firearms from Bishop, including rare Colt handguns and Wurfflein dueling pistols. Finally, Scarbrough directed at least $32,000.00 in donations to the Hooks Volunteer Fire Department while he was the Capitan of Operations. In total, Scarbrough received more than $300,000.00 in bribe payments from Harrison and Bishop.
Scarbrough is not the only official at RRAD who accepted bribes. Devin McEwin accepted more than $21,000.00 in bribes from Harrison, including hunting trips, donations directed to the Annona Volunteer Fire Department, and the refurbishment of his 1964 Ford truck. Additionally, Louis Singleton accepted more than $18,000 in bribes from Harrison and others, including tickets to the Hall of Fame section of AT&T Stadium for the Dallas Cowboys football game against the New England Patriots. Singleton was the supervisor of the GPC program at the RRAD and was responsible for approving purchases requested by Scarbrough.
Jimmy Scarbrough, 69, of Hooks, pleaded guilty on August 22, 2022, to conspiring with Harrison, Bishop, and others to defraud the United States, commit theft of government property, and commit bribery. At that time, Scarbrough agreed to forfeit his 1951 Ford F-1 pickup truck and amount of money to be determined by the court. Scarbrough faces up to 5 years in federal prison and is awaiting sentencing.
This was investigated by the U.S. Army Criminal Investigation Command, Major Procurement Fraud Unit; the Federal Bureau of Investigation-Dallas Division, Tyler Resident Agency, and the U.S. Postal Inspection Service. This case was prosecuted by Assistant U.S. Attorney Jonathan R. Hornok.
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Denton Physician Guilty of Over-Prescribing OpioidsRead the Press Release
SHERMAN, Texas – A Denton physician has pleaded guilty to federal drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Stanley Charles Evans, 63, pleaded guilty to conspiracy to distribute and dispense controlled substances and health care fraud today before U.S. Magistrate Judge Christine Nowak.
“Evans gives other physicians a bad name,” said U.S. Attorney Brit Featherston. “Sworn to do no harm, Evans failed by illegally prescribing narcotics that harmed many people. More people die by opioid drug abuse than by vehicle and gun related deaths combined in the U.S. today. This is a big problem and those who are supposed to heal the sick, but choose to become illegal drug dealers, will be investigated and prosecuted.”
According to information presented in court, beginning in 2017, Evans, a licensed physician operating a family medicine practice in Denton, unlawfully prescribed approximately 370,000 dosage units of hydrocodone outside the usual course of professional practice and without a legitimate medical purpose. An investigation began after it was reported that Evans was pre-signing opioid prescriptions for patients that were exhibiting drug seeking behavior. Evans would pre-sign the scripts and the patients would be seen by his four nurse practitioners. An investigation revealed patients were repeatedly able to obtain the strongest prescription for Hydrocodone from Evans and one of the nurses without ever being fully examined or providing any documentation regarding their “pain.” It was also determined that Evans was only present at the office approximately half the time he claimed and that prescriptions for Schedule II opioids were being written for patients even while Evans was out of the country on vacation. The investigation also revealed that nurses were seeing 20 to 30 patients a day and their salaries were production based, receiving a percentage of what they billed instead of a set salary. Additionally, nurses were billing Medicare and TriCare under Evans’ medical identification number, which results in an increased charge to the government for physician services. In all,
Evans faces up to 20 years in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the U.S. Drug Enforcement Administration Dallas Tactical Diversion Squad, Department of Defense Criminal Investigative Services, and Health and Human Services – Office of Inspector General. This case is being prosecuted by Assistant U.S. Attorney Matthew T. Johnson.
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Aryan Circle Gang Leader Sentenced to Life in Federal Prison for Racketeering ViolationsRead the Press Release
BEAUMONT, Texas –A Stratford, Missouri man has been sentenced for Racketeer Influenced and Corrupt Organizations violations stemming from his membership in the white supremacy prison gang, the Aryan Circle, announced U.S. Attorney Brit Featherston today.
Jesse Paul Blankenship, 39, also known as JP, was convicted at trial on Nov. 16, 2021, of racketeering conspiracy, kidnapping in aid of racketeering, and conspiracy to commit kidnapping in aid of racketeering. He was sentenced to life in federal prison today by U.S. District Judge Thad Heartfield.
According to court documents and evidence presented at trial, Aryan Circle is a race-based, violent prison gang with hundreds of members operating throughout the country, both inside and outside of prisons. The Aryan Circle enforces its rules and promotes discipline among its members, prospects, and associates through threats, intimidation, assaults, and murder.
Evidence presented at trial showed that between 2010 and 2021, Blankenship “put in work” by committing violence on behalf of the gang, including shooting at two victims inside their home and participating in a kidnapping and removal of another member’s patch, or gang tattoo, by burning it from the victim’s skin using a metal rod heated with a blowtorch. After committing these crimes, Blankenship moved up in rank in Aryan Circle and has since ordered additional acts of violence.
“This case exemplifies great collaboration between federal, state and local law enforcement to not only stop gang violence in prison, but also to protect innocent persons when that activity overflows into our communities, said Eastern District of Texas U.S. Attorney Brit Featherston. “We will continue to investigate and prosecute those who advocate harm to others, and to specifically target the leaders of violent gangs.”
“Violent gangs pose a growing threat to our communities and the type of violence associated with these organizations has reach an intolerable level,” said ATF SAC Fred Milanowski. “This case demonstrates that members of violent gangs that engage in heinous crimes will be held accountable.”
This effort is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The case was investigated by the following agencies: Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; the Federal Bureau of Prisons; Texas Department of Public Safety; Houston Police Department-Gang Division; Montgomery County (TX) Precinct One Constable’s Office; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Texas Department of Criminal Justice; New Jersey Department of Corrections-Special Investigations Division; Indiana State Police; Fort Smith (AR) Police Department; Arkansas Department of Corrections; Arnold (MO) Police Department; Jefferson County (MO) Sheriff’s Department; St. Louis Metropolitan Police Department; St. Louis County (MO) Police Department; Indiana Department of Corrections; Carrollton (TX) Police Department; Montgomery County (TX) Sheriff’s Office; Travis County (TX) Sheriff’s Office; Tarrant County (TX) Sheriff’s Office; Evangeline Parish (LA) Sheriff’s Office; Smith County (TX) Sheriff’s Office; McCurtain County (OK) Sheriff’s Office; Montgomery County (TX) District Attorney’s Office; Liberty County (TX) District Attorney’s Office; Harris County (TX) District Attorney’s Office; Mercer County (NJ) Prosecutor’s Office; Evangeline Parish (LA) District Attorney’s Office; and the Sebastian County (AR) District Attorney’s Office. Valuable assistance was provided by the Organized Crime Drug Enforcement Task Forces.
Assistant U.S. Attorney Christopher Rapp of the Eastern District of Texas along with Trial Attorney Rebecca Dunnan of the Justice Department’s Organized Crime and Gang Section prosecuted this case.
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Bowie County Man Sentenced for COVID-Relief FraudRead the Press Release
TEXARKANA, Texas – A Maud, Texas man has been sentenced for federal violations related to a COVID-relief fraud scheme in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Samuel Morgan Yates, 35, pleaded guilty on May 6, 2022, to wire fraud and was sentenced to 68 months in federal prison today by U.S. District Judge Robert W. Schroeder, III. Yates was also ordered to pay $1,066,432 in monetary penalties for restitution and forfeiture.
According to court documents, Yates made two fraudulent applications to two different lenders for loans guaranteed by the SBA for COVID-19 relief through the Paycheck Protection Program (PPP). In the application submitted to the first lender, Yates sought $5 million in PPP loan proceeds by fraudulently claiming to have over 400 employees with an average monthly payroll of more than $2 million. In the second application, Yates claimed to employ over 100 individuals and was able to obtain a loan of over $500,000. With each application, Yates submitted a list of purported employees that he obtained from a publicly available random name generator on the internet. He also submitted forged tax documents with each application.
“Protecting taxpayer dollars remains one of our highest priorities,” said U.S. Attorney Brit Featherston. “Government programs are designed to assist our citizens in their time of need and are done by following established protocols to ensure the money is properly disbursed and accounted for. Yates chose to steal from those most in need of assistance and is now being punished for his actions. Congratulations to the investigative and prosecution team for this outcome.”
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small-businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within eight weeks of receipt and use at least 75 percent of the forgiven amount for payroll.
This case was investigated by the SBA Office of Inspector General, and U.S. Postal Inspection Service. Trial Attorney Louis Manzo of the Criminal Division’s Fraud Section and Criminal Chief Frank Coan and Assistant U.S. Attorney Jonathan R. Hornok for the Eastern District of Texas prosecuted the case.
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Harrison County Woman Sentenced for Trafficking FentanylRead the Press Release
MARSHALL, Texas – A Harleton, Texas woman has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Kerri Marie Thorn, 31, pleaded guilty on May 10, 2022, to possession with intent to distribute fentanyl and was sentenced to 54 months in federal prison today by U.S. District Judge Rodney Gilstrap.
According to information presented in court, Thorn was arrested in August 2021 following a report that she was in possession of more than 2.5 kilograms of stolen fentanyl that she had hidden near a residence in Harleton. Law enforcement officers recovered what was analyzed as 2,607.6 grams of fentanyl and interviewed Thorn, who admitted that she and her co-defendant intended to transport the fentanyl out of the state for sale, at which time they would split the profits. Thorn was indicted by a federal grand jury on Feb. 17, 2022.
This case was investigated by the Federal Bureau of Investigation, Marshall Police Department, and Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Lucas Machicek.
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California Man Sentenced to Federal Prison for Role in Health Care Kickback ConspiracyRead the Press Release
TEXARKANA, Texas – A Coronado, California, man has been sentenced to federal prison for conspiring to commit health care kickbacks, announced U.S. Attorney Brit Featherston today.
Vincent Marchetti, Jr., 58, was found guilty by a jury on Dec. 16, 2021, following a month-long trial. He was sentenced to 48 months in federal prison by U.S. District Judge Robert W. Schroeder, III, on August 30, 2022.
“Taxpayers deserve to have their tax dollars spent judiciously and within the confines of appropriate laws and rules. The intentional failure to do so breeds a lack of confidence in valuable processes that ensure efficient use of money for the benefit our citizens,” said Brit Featherston, U.S. Attorney. “Kickback arrangements like these add costs, not value. Unfortunately, those costs were borne by American taxpayers. This case sends a message that no matter who you are, if you do wrong, you will be found out, and you will be brought to justice. I congratulate the prosecution team on a job very well done.”
“Individuals who participate in kickback schemes compromise the integrity of medical decision-making while increasing health care costs for everyone,” said Acting Special Agent in Charge Mike Stapleton with the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG will continue to work with our law enforcement partners to investigate such schemes and bring to justice those who steal from these programs for personal gain.”
“The defendant exploited the health care industry by conspiring with others to pay and receive illegal kickbacks in order to enrich himself. The defendant's conduct taints the efforts of hardworking healthcare workers who are dedicated to acting in the best interest of their patients,” said FBI Dallas Special Agent in Charge Matthew DeSarno. “The FBI will continue to work with our public and private sector partners to pursue individuals who exploit patients and insurance holders for their own financial benefit.”
“Health care fraud is estimated to cost the U.S. over $68 billion annually,” said Lester R. Hayes Jr., Special Agent in Charge Homeland Security Investigations Dallas. “Each time a fraudulent claim or medical kickback scheme is discovered, the foundation of our national health care system is in jeopardy. Our special agents will work tirelessly to bring those to justice who attempt to defraud our health care system.”
According to information presented in court, Marchetti conspired with others to pay and receive kickbacks in exchange for the referral of, arranging for, and recommending health care business, specifically pharmacogenetic (PGx) tests. Pharmacogenetic testing, also known as pharmacogenomic testing, is a type of genetic testing that identifies genetic variations that affect how an individual patient metabolizes certain drugs. The illegal arrangement concerned the referral of PGx tests to clinical laboratories in Fountain Valley, California; Irvine, California; and San Diego, California. More than $28 million in illegal kickback payments were exchanged by those involved in the conspiracy.
In December 2019, twelve individuals from three states were charged for their roles in the kickback conspiracy. A federal grand jury in the Eastern District of Texas returned an indictment against Philip Lamb, 47, of Scottsdale, Arizona; Nicolas Arroyo, 40, of Tempe, Arizona; Vincent Marchetti, Jr.; William Flowers, 57, of Houston; Steven Donofrio, 48, of Temecula, California; James J. Walker, Jr. a/k/a Jimmy Walker, 48, of Frisco; Timothy Armstrong, 65, of Frisco; Virginia Blake Herrin, 57, of Frisco; Patrick Ridgeway, 53, of Jackson, Mississippi; Chismere Mallard, 42, of McAllen; Dr. Ray W. Ng, 66, of Dallas; and Ashley Kretzschmar, 37, of Aledo; for conspiring to commit illegal remunerations in violation of the Anti-Kickback Statute.
Philip Lamb, Nicolas Arroyo, Jimmy Walker, Timothy Armstrong, Virginia Blake Herrin, Patrick Ridgeway, Chismere Mallard, and Ashley Kretzschmar have pleaded guilty. Kimberly Willette, 61, of Friendswood, and Edwin Chad Isbell, 48, of Atascocita, also pleaded guilty to related charges.
On April 25, 2022, Nicolas Arroyo was sentenced to 21 months in federal prison. On August 23, 2022, Kimberly Willette was sentenced to one year and one day in federal prison, and Patrick Ridgeway was sentenced to a three-year term of probation and ordered to pay a $100,000 fine.
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remunerations in exchange for the referral of or arranging for or recommending the ordering of items or services payable under federal health care programs. Under federal statutes, violations of the Anti-Kickback statute are punishable by up to five years in federal prison.
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General, the FBI Dallas – Frisco Resident Agency, and the U.S. Department of Homeland Security, Homeland Security Investigations. It was prosecuted by Assistant U.S. Attorneys Nathaniel C. Kummerfeld, Lucas Machicek, and Adrian Garcia, with assistance from Assistant U.S. Attorneys Brent Andrus, Stephan E. Oestreicher, Jr., and L. Frank Coan, Jr., and Special Assistant U.S. Attorney Laurel E.P. Simmons.
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Fannin County Man Guilty of Multiple East Texas Bank RobberiesRead the Press Release
SHERMAN, Texas – A Leonard, Texas man has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Kevin Long, 30, pleaded guilty to bank robbery before U.S. Magistrate Judge Christine A. Nowak on August 29, 2022.
According to information presented in court, Long robbed multiple banks in East Texas between 2020 and 2021. During the robberies he passed threatening notes to bank employees, he physically restrained bank employees, and he stole over $550,000. Those robberies include: CapTex Bank in Bonham on Jan. 31, 2020; Financial Bank in Farmersville on August 11, 2020; Bancorp South Bank in Tom Bean on Oct. 16, 2020; Commercial Bank in Farmerville on August 13, 2021; and First United Bank in Leonard on August 20, 2021.
Long was indicted by a federal grand jury on Nov. 10, 2021. He faces up to 20 years in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the Federal Bureau of Investigation, Bonham Police Department, Farmersville Police Department, Grayson County Sheriff’s Office, Sherman Police Department, Allen Police Department, Leonard Police Department, Bells Police Department, Tom Bean Police Department, and Texas Department of Public Safety.
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Henderson County Man Guilty of Child Obscenity ViolationsRead the Press Release
TYLER, Texas – The former mayor of Athens, Texas has pleaded guilty to federal child obscenity violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
James Monte Montgomery, 64, pleaded guilty to sending obscene materials to a minor today before U.S. Magistrate Judge John D. Love.
According to public information, on June 3, 2021, Montgomery was arrested after arriving at an undisclosed location after soliciting sex online with investigators posing as minors. In June of 2020, Montgomery, then the mayor of Athens, Texas, began communicating by text messaging with a person he believed to be a 15-year-old female. Montgomery sent messages to the child describing sexually explicit acts that he wanted to perform on the child and offering to pay the child if she would meet him and have sex with him.
Montgomery faces up to 10 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case is being investigated by the Federal Bureau of Investigation’s Tyler Field Office, with assistance from the Texas Department of Public Safety, Collin County Sheriff’s Office, and the Department of Homeland Security-Homeland Security Investigations. This case is being prosecuted by Assistant U.S. Attorney Robert Austin Wells.
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Cooke County School Bus Driver Sentenced for Child Exploitation ViolationsRead the Press Release
SHERMAN, Texas – A Lake Kiowa, Texas man has been sentenced to federal prison for child exploitation violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
David Wayne Woods, 70, pleaded guilty on March 22, 2022, to coercion and enticement of a minor and was sentenced to 135 months in federal prison today by U.S. District Judge Amos L. Mazzant.
According to information presented in court, in July 2019, HSI-Dallas agents encountered Woods at the Dallas-Fort Worth International Airport as he was returning from a trip to the Philippines. Agents conducted a border inspection, during which time they conducted an extraction and review of Woods’ cell phone and laptop computer. During the investigation it was determined that Woods, a school bus driver in Cooke County, Texas, had been communicating with minor females from the Philippines using a social media application.
From April 2019 through July 2019, Woods engaged in sexually explicit chats with a female who he knew was a minor. Woods messaged the child with descriptions of sexually explicit acts that he wanted to perform on her and repeatedly asked the child to take videos and photos of her nude body and to record herself engaging in sexually explicit conduct. Woods offered the child money for the videos and photos and sent wire transfers of small sums of currency when he received the videos and photos. On July 5, 2019, Woods met the child at a hotel in the Philippines, at which time he provided her with cash, chocolates, and a cellular phone in exchange for the child engaging in sexual acts with Woods. Woods then recorded the sex acts with his cellular phone.
“Woods traveled thousands of miles to victimize children thinking he could not possibly be caught for his deviant crimes,” said U.S. Attorney Brit Featherston. “In all his scheming, he failed to factor in our law enforcement partners at the airport and abroad. Members of the Philippine National Police and HSI agents stationed in the Philippines did an extraordinary job in identifying the minor victims and ensuring Woods would be justly punished for his crimes.”
“When it involves international cases of this magnitude, Homeland Security Investigations (HSI) is a top-tier law enforcement agency never relenting in our efforts to apprehend and convict criminals who prey on innocent minors,” said Jesse Woods, Assistant Special Agent in Charge for HSI Dallas. “This investigation illustrates how our agency and law enforcement partners across the globe worked seamlessly to end these crimes, stopping at nothing in pursuit of this dangerous child sex predator.”
This case is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by Homeland Security Investigations-Dallas and the Philippines, Customs and Border Protection, and the Philippine National Police. This case was prosecuted by Assistant U.S. Attorney Marisa Miller.
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Central American Drug Trafficker Extradited to the United States on Federal ViolationsRead the Press Release
PLANO, Texas – A Nicaraguan national has been extradited from Honduras to the United States to face drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Raduan Omar Zamora Mayorga, also known as Jose Luis Oliva Meza and “El señor de los cielos” and “patrón de patrones” (in English “the lord of the skies” and “the boss of bosses”), 41, of Tegucigalpa, Honduras, was indicted by a federal grand jury on June 10, 2020, and charged with conspiracy to manufacture and distribute cocaine knowing it would be imported to the United States and manufacturing and distributing cocaine knowing it would be distributed into the United States. On May 15, 2022, Zamora Mayorga was arrested in Honduras pursuant to a provisional arrest request by the United States and subsequently, extradited to the United States on August 18, 2022. He appeared in federal court in Plano, Texas on August 22, 2022, for an initial appearance and arraignment and was ordered to be detained pending trial.
According to the indictment, in approximately 2008, an investigation by U.S. law enforcement authorities identified a large-scale drug trafficking organization (DTO) operating throughout South, Central, and North America. The DTO used a sophisticated infrastructure to manufacture, acquire, store, transport and distribute multi-ton quantities of cocaine destined for the United States. It utilized go-fast speedboats, shipping vessels, submersible watercraft, aircraft, semi-trailer trucks and other motor vehicles to transport large cocaine shipments. The cocaine would originate in Colombia and Ecuador, where it is manufactured, processed, and packaged at clandestine drug laboratories. The drugs would then be transported to and through Panama, Costa Rica, Honduras, Guatemala, Nicaragua, and Mexico on their way northward. Portions of the cocaine shipments were ultimately imported into the United States for further distribution. The resulting drug proceeds were transported from the United States back to and through the above noted countries.
Information received from confidential sources and law enforcement authorities indicated that Zamora Mayorga was an important member of the DTO operating out of Honduras who allegedly conspired with other DTO members to acquire and transport large cocaine shipments. Zamora Mayorga is alleged to have supplied large quantities of cocaine in Guatemala and elsewhere on behalf of the DTO. According to the indictment, Zamora Mayorga used his own transportation network to smuggle cocaine shipments from Costa Rica, Honduras, and Guatemala for further distribution to the United States. Zamora Mayorga and his co-conspirators were responsible for the importation of thousands of kilograms of cocaine to the United States.
If convicted, Zamora Mayorga faces 10 years to life in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
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.
This case is being investigated by the U.S. Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Ernest Gonzalez.
The Justice Department’s Office of International Affairs worked with law enforcement partners in Honduras to secure the arrest and extradition of Zamora Mayorga to the United States. Special thanks to the Government of Honduras for their help in the capture and extradition of Zamora Mayorga.
An indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Pharmaceutical President and Company Guilty in Counterfeit Drug Trafficking ConspiracyRead the Press Release
BEAUMONT, Texas – A Florida-based pharmaceutical president has pleaded guilty to federal drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Adam P. Runsdorf, 57, of Boca Raton, Florida, pleaded guilty to conspiracy, trafficking in counterfeit drugs, and money laundering conspiracy today before U.S. Magistrate Judge Christine L. Stetson.
According to the indictment, from April 2014 until August 2021, Runsdorf, the owner and president of Woodfield Pharmaceutical LLC based in Boca Raton, Florida, conspired with drug traffickers in Houston, Texas, to distribute misbranded and counterfeit cough syrup. Runsdorf’s company pleaded guilty to the same charges today before Judge Stetson.
According to information presented in court, Byron A. Marshall, 43, of Houston, utilized Woodfield Pharmaceutical’s manufacturing facility and employees in Houston to produce more than 500,000 pints of counterfeit cough syrup. Marshall’s drug trafficking organization sold the counterfeit drugs across Texas, Louisiana, Mississippi, Alabama, Georgia, South Carolina, Tennessee, Wisconsin, California, Florida, Arkansas, and Ohio. Prices generally ranged from $100 to more than $1,000 per one-pint bottle. Depending on the market and brand of cough syrup, prices went as high as $3,800 to $4,000 per pint.
During the conspiracy, Marshall communicated directly with Runsdorf regarding production of the counterfeit cough syrup. At Runsdorf’s request, Marshall paid Woodfield Pharmaceutical in cash only, and Woodfield employees mailed the cash directly to Runsdorf in Boca Raton.
Six codefendants, including Marshall, have already pleaded guilty and are awaiting sentencing.
Runsdorf faces up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
“In April 2014, Actavis Holdco US discontinued production of Actavis cough syrup due to its widespread abuse by recreational drug users,” said U.S. Attorney Brit Featherston. “After that, the street value of Actavis increased to more than $3,000 per pint. In his greed, Adam Runsdorf, owner and president of Woodfield Pharmaceutical, used his position and connections to enable drug traffickers in Houston to produce thousands of gallons of counterfeit Actavis, labeled to be nearly identical to the discontinued product. The conspirators in this case sought to capitalize on the scarcity of Actavis and other prescription cough syrups by marketing counterfeit versions to street-level abusers.”
"Today Adam Runsdorf pled guilty for his role as the CEO of Woodfield Distributors to illegally distributing thousands of controlled substances into our communities, Runsdorf misused the privilege granted by the DEA to handle controlled substances by conspiring with street level drug dealers to manufacture fake drug labels to help drug dealers profit," said DEA Special Agent in Charge of the Houston Division Daniel C. Comeaux." This case is another example of the DEA's continued commitment to combat our nation's opioid crisis and ensure that registrants remain compliant regardless of their position. We will continue to aggressively pursue and hold accountable anyone attempting to profit from driving overdoses and violent crime in our communities."
“This is an important victory for the American public. Not only is Adam Runsdorf going to jail for his crimes, but he and his business, Woodfield Pharmaceutical, will forfeit to the government over $8.4 million of illegal proceeds,” said Christopher J. Altemus, Jr., Special Agent in Charge, IRS Criminal Investigation, Dallas Field Office. “IRS Criminal Investigation special agents are committed to using their forensic accounting skills to help unravel complex fraud and money laundering schemes in order to financially disrupt and dismantle major drug trafficking organizations. We will continue to provide our financial expertise as we work alongside our law enforcement partners to bring criminals like Mr. Runsdorf to justice.”
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case is being investigated by the Drug Enforcement Administration; U.S. Food and Drug Administration Office of Criminal Investigations; Internal Revenue Service-Criminal Investigation; Federal Bureau of Investigation; U.S. Marshals Service; Houston Police Department; Galveston Police Department; Galveston County Sheriff’s Office; Dickinson Police Department; League City Police Department; Pearland Police Department; Pasadena Police Department; Texas City Police Department; Harris County Precent #2; Brazoria County Sheriff’s Office; Fort Bend County Sheriff’s Office; Liberty County Sheriff’s Office; and the Texas National Guard. This case is being prosecuted by Assistant U.S. Attorneys John B. Ross and Jonathan C. Lee.
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Texas Prisoner Indicted on Federal Drug Trafficking Crimes Related to Prison Yard Drone DropsRead the Press Release
SHERMAN, Texas – A Texas prison inmate man has been arrested and charged with federal violations related to a drone drop scheme in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Yeshmel James Wright, 35, of Dallas, is named in the 11-count indictment returned by a federal grand jury in the Eastern District of Texas on Feb. 9, 2022. The indictment alleges the individuals conspired to use drones and mail to smuggle drugs and contraband such as cellular phones in to prisons in the Texas Department of Criminal Justice. In all, 42 individuals have been indicted on multiple counts of conspiracy to distribute drugs, including heroin, methamphetamine, and synthetic marijuana; money laundering; firearms violations; operating an aircraft to further drug trafficking; and Hobbs Act robbery. The seizure has resulted in the seizure of multiple kilograms of methamphetamine, heroin, “M30” fentanyl pills, and synthetic marijuana. Additionally, approximately $150,000 in cash, jewelry and vehicles have been seized.
Wright is charged with conspiracy to possess with intent to distribute methamphetamine and conspiracy to possess with intent to distribute synthetic marijuana. He appeared in federal court this week before U.S. Magistrate Judge Christine Nowak.
If convicted, Wright faces up to life in federal prison.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case is being investigated by the U.S. Postal Inspection Service; Texas Department of Criminal Justice-Office of Inspector General; U.S. Marshals Service; IRS-Criminal Investigations; Homeland Security Investigations; U.S. Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; Lewisville Police Department; Little Elm Police Department; and Dallas Police Department. This case is being prosecuted by Assistant U.S. Attorney Heather Rattan.
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Tyler Gang Member Sentenced for Federal Firearms ViolationRead the Press Release
TYLER, Texas – A Tyler man has been sentenced to federal prison for a firearms violation in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Brandon Deshun Hawkins, 36, pleaded guilty on Sep. 29, 2021, to being a felon in possession of a firearm and was sentenced to 37 months in federal prison by U.S. District Judge Jeremy D. Kernodle on August 16, 2022.
According to court documents, on Oct. 13, 2020, Hawkins was stopped while driving on S. Vine Street in Tyler and arrested on outstanding warrants. During the traffic stop, Hawkins threw a plastic bag containing marijuana from the vehicle, resulting in a probable cause search of the vehicle. During the search, officers discovered a pistol between the driver’s seat and center console. Further investigation revealed Hawkins is a member of the Eight Trey Gangster Crips, a criminal street gang, and a convicted felon with five prior convictions for aggravated assault with a deadly weapon from a 2008 Tyler shooting. As a convicted felon, Hawkins is prohibited from owning or possessing firearms or ammunition. Hawkins was indicted by a federal grand jury on March 17, 2021.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Tyler Police Department, the Smith County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Lucas Machicek.
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Beaumont Man Sentenced to 10 Years for Armed Robbery of Dollar StoreRead the Press Release
BEAUMONT, Texas – A Beaumont man has been sentenced to federal prison for violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Kenderious DaShawn Coleman, 20, pleaded guilty on Feb. 14, 2022 to Hobbs Act robbery and brandishing a firearm during a crime of violence and was sentenced to 120 months in federal prison today by U.S. District Judge Thad Heartfield.
According to court documents, on Sep. 10, 2021, law enforcement officers responded to a call regarding an armed robbery at the Dollar General on Fannett Road. Upon arrival, store employees gave a description of a man, later identified as Coleman, wearing a dark colored face mask and carrying a distinctive patterned backpack. Coleman pointed a pistol at an employee while demanding money. During the robbery, Coleman struck a store employee in the face with the pistol, before fleeing on foot with approximately $1,500 from the store safe. Coleman was arrested nearby a short time later with the pistol and stolen money on him.
Coleman was indicted by a federal grand jury on October 6, 2021.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Beaumont Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Joseph R. Batte.
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Houston County Man Guilty in Solicitation of Murder PlotRead the Press Release
TYLER, Texas – A Grapeland, Texas man has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Reynaldo Campos, Jr., 44, pleaded guilty to murder for hire today before U.S. Magistrate Judge K. Nicole Mitchell.
According to the indictment, on Feb. 9, 2022, Campos contacted an individual who he believed was a hitman, but who was in fact an undercover federal agent, and solicited the “hitman” to murder a former associate of Campos, claiming the intended victim had either stolen drugs from him or owed him money. Campos discussed the intended murder with the agent on multiple occasions over the next several weeks. On April 8, 2022, Campos and his girlfriend, Robin Pittman, traveled together from Houston County to Tyler to discuss the murder, to provide the “hit man” with a handgun to be used for the murder, and to provide the “hit man” with information about the intended victim. On April 13, 2022, Campos and Pittman again traveled together from Houston County to Tyler to discuss the murder and to provide the “hit man” with approximately one gallon of Phenylacetone/P2P, which is a chemical used in the manufacture of methamphetamine, and a shotgun as partial payment for the murder of the intended victim.
Campos and Pittman were indicted by a federal grand jury on April 21, 2022. Pittman pleaded guilty on August 9, 2022, to possession of a firearm in furtherance of a drug trafficking crime and is awaiting sentencing.
Campos faces up to 10 years in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the U.S. Drug Enforcement Administration and is being prosecuted by Assistant U.S. Attorney Jim Noble.
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Former North Texas Mayor and Land Developer Husband Sentenced for Public Corruption ConvictionsRead the Press Release
SHERMAN, Texas – The former mayor of Richardson, Texas, and a land developer whom she married after the federal investigation began, have been sentenced for their public corruption convictions in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Laura Jordan, also known as Laura Maczka, 57, and Mark Jordan, 55, both of Plano, Texas were convicted by a jury on July 24, 2021, of bribery concerning a program receiving federal funds, conspiracy to commit bribery concerning a program receiving federal funds, tax fraud, and conspiracy to commit tax fraud. Laura Jordan was sentenced to 72 months in federal prison today by U.S. District Judge Amos Mazzant. Mark Jordan was also sentenced today by Judge Mazzant and received 72 months in federal prison.
“Citizens should be able to trust that their elected representatives honestly conduct themselves in a manner that solely benefits the community,” said U.S. Attorney Brit Featherston. “When the greed of personal gain and benefit results from official actions taken on the pretense of altruistic motives, then the integrity of the whole process is corrupted. Jordan and Maczka have now been convicted by a jury of their peers and their punishment should reflect some measure of repair of that trust by the citizens of Richardson, Texas.”
“For the residents of Richardson, today is a step toward rebuilding public trust,” said Dallas FBI Special Agent in Charge Matthew J. DeSarno. “Laura Jordan violated her obligation to serve her constituents, and along with Mark Jordan, carried out a conspiracy to commit bribery and tax fraud all while concealing their illicit conduct from the City of Richardson and its taxpayers. Our elected officials are held to the highest standards, and the FBI will continue to ensure that those who disregard their duty to serve the public are held fully accountable.”
According to information presented in court, from May 2013 through April 2015, Laura Maczka was the mayor of Richardson, Texas, and Jordan was a land developer. Maczka and Jordan conspired to devise and execute a scheme to commit bribery. Maczka, contrary to her campaign promises, supported and repeatedly voted for controversial zoning changes sought by Jordan, ultimately allowing for the construction of over 1,000 new apartments in Richardson near other Richardson neighborhoods. In exchange, Jordan paid Maczka over $18,000 in cash, an additional $40,000 by check, and paid for over $24,000 in renovations to Maczka’s home. Jordan also paid for luxury hotel stays and airfare upgrades for Maczka and provided Maczka lucrative employment at one of Jordan’s companies. According to court testimony, Maczka and Jordan failed to disclose to the public that they had coordinated to affect the zoning changes Jordan wanted and that Jordan had provided a stream of benefits to Maczka.
Maczka and Jordan were indicted by a federal grand jury on May 10, 2018.
This case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigations, and the City of Richardson. This case was prosecuted by Assistant U.S. Attorneys Heather Rattan, Sean Taylor, Brent Andrus, Anand Varadarajan, Bradley Visosky, and other attorneys from the Plano branch office.
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Washington State Man Sentenced in Fictitious Social Security Scheme Targeting East Texas ElderlyRead the Press Release
BEAUMONT, Texas – A Kirkland, Washington man has been sentenced to federal prison for fraud violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Aakash Kalpesh Gandhi, 28, pleaded guilty on Nov. 4, 2021, to conspiracy to commit mail fraud and was sentenced to 51 months in federal prison today by U.S. District Judge Marcia Crone. Judge Crone also ordered Gandhi ordered to pay restitution his victims, many of whom are elderly. The exact amount has not yet been determined.
“We need help getting the word out to look out for our neighbors,” said U.S. Attorney Brit Featherston. “Our greatest generation is constantly being attacked by phone and computer scammers. Tricked, our elderly and some not-so elder generations are falling prey to phone scammers who threaten them with jail time if they don’t withdraw, package and mail money across the country. No government agency will threaten you with jail over the phone and then demand cash be wrapped in foil and mailed. Scoundrels like Gandhi take advantage of our senior citizens and he was part of a very large network that houses hundreds of callers who spend their days calling and scamming. When in doubt about a possible scam call or email, contact someone you trust and ask them if the call is legitimate or contact your local law enforcement. Gandhi’s scam would have been thwarted if a victim would have simply googled ‘social security phone scams,’ and the very quick search result would show the phone call was a scam. Preventing someone from being a victim is a lot easier than trying to recover the stolen money after the fact.”
According to information presented in court, Gandhi and his co-conspirators operated a scheme designed to defraud victims throughout the United States. Co-conspirators from call centers based in India would target unsuspecting victims claiming that those victims would suffer financial ruin or criminal liability if they did not immediately send money to correct fictional problems often involving the victim’s social security benefits. To enhance the viability of the scheme, co-conspirators fraudulently identified themselves as government agents to their unsuspecting victims.
Gandhi tracked currency shipments for the conspiracy and recovered packages of United States currency shipped by those who had been victimized by the scheme, including victims within the Eastern District of Texas. Gandhi would receive a fee from a portion of the contents of those packages and deliver the remaining currency to co-conspirators. A majority of the funds were ultimately distributed to various locations in India. Gandhi was indicted by a federal grand jury in Beaumont on July 8, 2021.
The U.S. Attorney’s Office has made a concerted effort to not only prosecute those involved with these illegal activities, but to educate and inform the public on the many fraudulent schemes targeting our seniors and how to avoid them. Assistant U.S. Attorneys across the Eastern District of Texas have visited various senior facilities and community groups to provide outreach and educate the public on how to protect themselves and their families. Groups or organizations that are interested in securing a speaker for their event should contact Assistant U.S. Attorney Camelia Lopez at 972-509-1201.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed 10am-6pm Eastern Time, Monday-Friday. English, Spanish, and other languages are available.
This case was investigated by Homeland Security Investigations in Seattle and Houston, the Seattle (WA) Police Department, Department of Human Services-OIG, Treasury Inspector General for Tax Administration (TIGTA), and the Beaumont Police Department. This case was prosecuted by Assistant U.S. Attorney Jonathan C. Lee.
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Mexican National Sentenced for Attempting to Escape from Federal PrisonRead the Press Release
BEAUMONT, Texas – A Mexican national has been sentenced for an attempted prison escape in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Juan Fidencio Romo-De La Rosa, 39, of Muzquiz, Coahuila, Mexico, pleaded guilty on Dec. 28, 2021, to escape from federal custody and was sentenced to 27 months in federal prison by U.S. District Judge Thad Heartfield on July 27, 2022. The 27-month sentence was ordered to be served following an eight-year sentence De La Rosa was already serving at the time of the attempted escape. De La Rosa was previously convicted of transporting illegal aliens for financial gain and being a felon in possession of a firearm in 2019 in the Western District of Texas.
According to court documents, on Oct. 7, 2020, officers at the Federal Correctional Institute (FCI)-Beaumont-Medium were alerted to an active fence alarm. Federal Bureau of Prisons (BOP) officers found an injured and bloodied inmate, identified as De La Rosa, in the process of climbing the outer perimeter razor wire fence. De La Rosa, bleeding from the razor wire, had already cleared an interior fence during his attempted escape. Upon being caught, De La Rosa surrendered to the guards at gun point without incident.
“Rest assured that those who threaten the safety and security of other inmates, staff, and the surrounding community, by escaping and attempting to escape from federal prison will be caught and will surely not escape justice either,” said U.S. Attorney Brit Featherston. “Their reward instead, will be additional time in federal prison tacked on to their current sentence.”
This case was investigated by the FBI and Federal Bureau of Prisons and prosecuted by Special Assistant U.S. Attorney Nicole Stratso.
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Executives of Card Payment Processing Company Indicted in East Texas for Nationwide Multimillion Dollar Fraud SchemeRead the Press Release
SHERMAN, Texas – A federal grand jury in Texas has indicted former executives and company leaders at Electronic Transactions Systems Corporation (“ETS”) for their conduct in defrauding approximately 7,000 merchant clients out of millions of dollars, announced Eastern District of Texas U.S. Attorney Brit Featherston today.
Edward Walsh Vaughan, 58, of California; Hadi Akkad, 49, of Virginia; Jill Hall Mandichak, 43, of Virginia; Sean Lynch, 50, of Virginia; Katherine Nguyen, 38, of North Carolina; and Gina Ellingsen, 43, of Minnesota, were all charged with conspiracy to commit wire fraud. Vaughan and Akkad were also charged with money laundering conspiracy.
ETS was a card processing company located in Virginia that provided equipment and services to facilitate credit and debit card payment transactions for merchant clients, including government municipalities, private businesses, and charity organizations throughout the country. According to the indictment, between 2012 and 2019, the defendants, at the direction of ETS president Ed Vaughan, are alleged to have defrauded ETS merchant clients by deliberately disguising a portion of their processing fees for thousands of clients. The indictment describes how the defendants executed their fraud, including by embedding the hidden markups in “Interchange fees,” misleading merchant clients in emails and contracts, and failing to disclose the true fee structure in billing and account statements.
The indictment also details how Vaughan and Akkad used the fraudulently obtained funds to personally enrich themselves through multimillion-dollar bonuses, luxury vehicles and private aircraft, and high-end real estate purchases. In addition, because the fraud was concealed prior to ETS’ acquisition, Vaughan received an additional $107 million, and Akkad received $33 million from the sale of the company.
If convicted, the defendants each face up to 30 years in federal prison.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is being investigated by the FBI’s Washington Field Office and is being prosecuted by Assistant U.S. Attorneys in the Eastern District of Texas.
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Collin County Man Indicted for COVID Unemployment FraudRead the Press Release
PLANO, Texas – An Allen, Texas man has been indicted for federal crimes arising from a scheme to extract Unemployment Insurance (UI) benefits under the Coronavirus Aid, Relief, and Economic Security (CARES) Act using the stolen identity of others, announced U.S. Attorney Brit Featherston today.
Hilton Ray Kersh, 64, was charged in an indictment filed in the Eastern District of Texas with seven counts of illegal transactions with an access device and seven counts of aggravated identity theft. The indictment alleges that Kersh used multiple bank cards issued to individuals other than himself to withdraw funds from ATMs. The debit cards had been loaded with UI benefit funds based on unemployment relief applications made to the Texas Workforce Commission pursuant to the CARES Act. The individuals whose names appear on the debit cards -- and whose names were used to apply for the benefits -- did not authorize Kersh to use their identities. If convicted, Kersh faces up to 15 years in federal prison for the illegal transactions with an access device charges and two additional years for the aggravated identity theft charges.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
This case is being investigated by the U. S. Department of Labor Office of Inspector General. Assistant U.S. Attorney Brent L. Andrus is prosecuting the case.
A federal criminal indictment is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Port Arthur Man Indicted for Glock Switch ViolationsRead the Press Release
BEAUMONT, Texas – A Port Arthur man has been arrested and charged in connection with federal firearms violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Frankie Malik Cunningham, 23, was named in a three-count indictment in the Eastern District of Texas on July 6, 2022, charging him with receipt of a firearm while under indictment, possession of a machine gun, and possession of a firearm in furtherance of a drug trafficking crime. Cunningham was arrested on July 11, 2022 and appeared in federal court before U.S. Magistrate Judge Zack Hawthorn on July 20, 2022, and was ordered to be detained until trial.
According to information presented in court, on May 17, 2022, law enforcement officers arrived at a Port Arthur residence where Cunningham was located to serve an outstanding felony warrant. They received consent to search from the owner of the residence and located Cunningham in a bedroom. In the bedroom with Cunningham, they also located two Glock pistols, a rifle with a drum magazine, a pound of suspected marijuana, and several Hydrocodone pills. One of the pistols was outfitted with a “Glock Switch.” A Glock Switch is a device used to convert a standard, legal handgun into a fully automatic machine gun.
At the time, Cunningham was under felony indictment for possession of a controlled substance. Federal law prohibits the possession of a firearm or ammunition while under felony indictment.
If convicted, Cunningham faces up to 15 years in federal prison.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is being investigated by the Port Arthur Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the U.S. Marshals Service and the Jefferson County Sheriff’s Office. This case is being prosecuted by Special Assistant U.S. Attorney Tommy Coleman with assistance from the Jefferson County District’s Attorney’s Office.
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Denison Youth Pastor Convicted of Child Exploitation ViolationsRead the Press Release
SHERMAN, Texas – An Anna, Texas man has been convicted for child pornography violations in the Eastern District of Texas announced U.S. Attorney Brit Featherston today.
Chad Michael Rider, 48, was found guilty of three counts of the sexual exploitation of children, also referred to as the production of child pornography. The jury returned the verdict late today following a five-day trial before U.S. District Judge Amos L. Mazzant.
According to the court documents and testimony at trial, in August 2022, Homeland Security Investigations agents were investigating David Pettigrew, of Denison, for child pornography offenses. Agents seized a computer hard drive from Pettigrew’s office at the Denison Church of the Nazarene. Forensic review of the device revealed videos of Pettigrew and Rider setting up to film children while bathing at the church. Additional videos were located in which Rider filmed two other children in residential settings.
“One of the sacred safe havens for children is the church and all it stands for. Yet Rider and his conspirators purposefully used it as a lure to bring children in and then, despicably, exploited those children for their own perverted gratification,” said U.S. Attorney Brit Featherston. “The jury heard all of the evidence and rendered its judgement and the law of the Eastern District of Texas federal court will render its punishment soon, at least as such punishment that may rendered on earth.”
Under federal statutes, Rider faces a mandatory minimum of 15 years and up to 30 years in federal prison on each count. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by Homeland Security Investigations with assistance from Anna Police Department and prosecuted by Assistant U.S. Attorneys Marisa J. Miller and Jay Combs.
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Dallas Man Arrested and Charged in Connection with Multiple Bank Robberies across Northeast TexasRead the Press Release
PLANO, Texas – A Dallas man has been arrested and charged in connection with multiple bank robberies across the Metroplex area, announced Eastern District of Texas U.S. Attorney Brit Featherston today.
Mark Robert Disch, 53, was named in a complaint filed in the Eastern District of Texas on July 19, 2022, charging him with two counts of bank robbery. Disch was arrested on July 21, 2022 and appeared in federal court before U.S. Magistrate Judge Kimberly C. Priest Johnson today.
According to the complaint, Disch is alleged to have robbed five Texas banks between May 25 and June 27, 2022: two in the Eastern District of Texas and three in the Northern District of Texas. The banks were located in Lewisville, Arlington, DeSoto, Sulphur Springs, and University Park. Using video surveillance and witness accounts, along with other investigative techniques, law enforcement officers and federal agents were able to identify Disch and determine he was in the immediate vicinity of each bank robbery.
If convicted, Disch faces up to 20 years in federal prison.
A complaint, information or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is being investigated by the Federal Bureau of Investigation, the Dallas Police Department, the Sulphur Springs Police Department, the Lewisville Police Department, and the University Park Police Department. This case is being prosecuted by Eastern District of Texas Assistant U.S. Attorney Jonathan R. Hornok with assistance from Northern District of Texas Assistant U.S. Attorney Nicole Hammond.
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21 Charged, Including Hospital and Lab CEOs, in Connection with Multistate Healthcare Kickback ConspiracyRead the Press Release
TYLER, Texas – The Department of Justice announced criminal charges against 36 defendants in 13 federal districts across the United States for more than $1.2 billion in alleged fraudulent telemedicine, cardiovascular and cancer genetic testing, and durable medical equipment (DME) schemes.
In connection with this national effort, the U.S. Attorney’s Office for the Eastern District of Texas has charged 21 individuals, including doctors, laboratory executives, hospital executives, and marketers for their involvement in healthcare kickback and money laundering conspiracies. Former True Health Diagnostics LLC CEO Christopher Grottenthaler, former Boston Heart Diagnostics Corporation Susan L. Hertzberg, former Rockdale Hospital d/b/a Little River Healthcare CEO Jeffrey Paul Madison, and others are defendants in a False Claims Act lawsuit captioned United States ex rel. STF, LLC v. True Health Diagnostics, LLC, et al., No. 4:16-cv-547 (E.D. Tex.). Additionally, 33 doctors and healthcare executives have agreed to pay over $32 million in order to resolve False Claims Act allegations for their involvement in the scheme. The criminal and civil cases allege that the defendants unlawfully enriched themselves by paying and receiving illegal kickbacks in exchange for laboratory referrals.
Criminal Cases
U.S. v. Hertzberg, et al
Susan L. Hertzberg, 64, of New York, Matthew John Theiler, 56, of Mars, Pennsylvania, David Weldon Kraus, 64, Loudon, Tennessee, Jeffrey Paul Parnell, 54, of Tyler, Texas, Thomas Gray Hardaway, 49 of San Antonio, Texas, Laura Spain Howard, 48, of Allen, Texas, Jeffrey Paul Madison, 47, Georgetown, Texas, Todd Dean Cook, 57, Wimauma, Florida, William Todd Hickman, 59, of Lumberton, Texas, Christopher Roland Gonzales, 45, of McKinney, Texas, Ruben Daniel Marioni, 37, of Spring, Texas, Jordan Joseph Perkins, 38, of Conroe, Texas, Elizabeth Ruth Seymour, 39, of Corinth, Texas, Linh Ba Nguyen, 58, of Dallas, Texas, Thuy Ngoc Nguyen, 54, of Dallas, Texas, Joseph Gil Bolin, 50, of Dallas, Texas, Heriberto Salinas, 62, of Cleburne, Texas, and Hong Davis, 54, of Lewisville, Texas were indicted for conspiracy to commit illegal remunerations in violation of the Anti-Kickback Statute. The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federal health care programs. The defendants were charged for their roles in a conspiracy through which physicians were incentivized to make referrals to critical access hospitals and an affiliated lab in exchange for kickbacks which were disguised as investment returns; and in which marketers were incentivized to order, arrange for, or recommend the ordering of services from critical access hospitals and an affiliated lab in violation of the Anti-Kickback Statute.
Two Texas critical access hospitals, Little River Healthcare (LRH) based in Rockdale, Texas, and Stamford Memorial Hospital based in Stamford, Texas, partnered with Boston Heart Diagnostics (BHD), a clinical laboratory based in Framingham, Massachusetts, that specialized in blood testing. For a fee, BHD allowed the hospitals to bill their blood tests to insurers as purported hospital outpatient services, with the hospitals charging insurers a much higher rate than BHD could receive as a clinical laboratory. The hospitals utilized a network of marketers who in turn operated management services organizations (MSOs) that offered investment opportunities to physicians throughout the State of Texas. In reality, the MSOs were simply a means to facilitate payments to physicians in return for the physicians’ laboratory referrals. Pursuant to the alleged kickback scheme, the hospitals paid a portion of their laboratory revenues to marketers, who in turn kicked back a portion of those funds to the referring physicians who ordered BHD tests from the hospitals or from BHD directly. BHD executives and sales force personnel leveraged the MSO kickbacks to gain and increase referrals and, in turn, to increase their revenues, bonuses, and commissions. Between July 1, 2015, and January 9, 2018, at least $11,256,241.68 in illegal kickback payments were exchanged by the defendants in furtherance of the conspiracy.
On May 24, 2022, Laura Howard pleaded guilty to her involvement in the kickback conspiracy.
On July 20, 2022, Ruben Marioni pleaded guilty to his involvement in the kickback conspiracy.
U.S. v. Peter Bennett
Peter Bennett, 47, of Houston, Texas, was indicted for conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h) for his role in laundering the proceeds of the kickback conspiracy. To that end, he allegedly created sham trusts and shell corporations through which he laundered the kickback proceeds, and in furtherance of the money laundering conspiracy, Bennett laundered at least $2,724,080.41 in kickback proceeds.
U.S. v. Stephen Kash
Stephen Kash, 48, of Winnie, Texas, was indicted for conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h) for his involvement in the money laundering conspiracy. Kash allegedly had kickback proceeds laundered on his behalf and, at times various times, obtained proceeds from the kickback conspiracy.
U.S. v. Robert O’Neal
Robert O’Neal, 63, of San Antonio, Texas, was charged by information with conspiracy to commit illegal remunerations, in violation of Anti-Kickback Statute, and with conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h). O’Neal was charged for his involvement in the kickback conspiracy and money laundering conspiracy. His role in the kickback conspiracy was to arrange for physician referrals and recommend the ordering of services to critical access hospitals and an affiliated lab. O’Neal also had kickback proceeds laundered on his behalf and, at times various times, obtained proceeds from the kickback conspiracy.
On January 18, 2022, O’Neal pleaded guilty to his involvement in the kickback conspiracy and the money laundering conspiracy.
The criminal cases were investigated by the Defense Criminal Investigative Services (DCIS), U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), Veteran Affairs, Office of Inspector General (VA-OIG), and the Federal Bureau of Investigation Dallas – Frisco Resident Agency. They are being prosecuted by Assistant U.S. Attorneys Nathaniel C. Kummerfeld and J. Kevin McClendon.
Civil Cases and Settlements
Boston Heart Diagnostics Corporation, 33 doctors, and healthcare executives have agreed to pay over $32 million to resolve False Claims Act allegations for their involvement in a scheme to pay and receive illegal kickbacks in exchange for laboratory referrals. Former True Health CEO Christopher Grottenthaler, former Boston Heart CEO Susan L. Hertzberg, former Little River CEO Jeffrey Paul Madison, and others are defendants in a False Claims Act lawsuit captioned United States ex rel. STF, LLC v. True Health Diagnostics, LLC, et al., No. 4:16-cv-547 (E.D. Tex.). The United States filed an amended complaint in May 2022.
The civil settlements resolve allegations that doctors and healthcare executives violated the Anti-Kickback Statute by receiving thousands of dollars in remuneration from nine MSOs in exchange for ordering laboratory tests from Little River, True Health, and/or Boston Heart. Little River allegedly funded the remuneration to certain doctors in the form of volume-based commissions paid to independent contractor recruiters, who used MSOs to pay numerous doctors for their referrals. The MSO payments to the doctors were allegedly disguised as investment returns but in fact were based on, and offered in exchange for, the doctors’ referrals.
The civil settlements are the result of a coordinated effort between the U.S. Attorney’s Office for the Eastern District of Texas and the Civil Division’s Commercial Litigation Branch, Fraud Section, with assistance from HHS-OIG, DCIS, and VA-OIG. The civil cases are being handled by Assistant U.S. Attorneys James Gillingham, Adrian Garcia, and Betty Young, Senior Trial Counsel Christopher Terranova, and Trial Attorney Gavin Thole.
A complaint, information or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Any patients who believe that they have been contacted as part of a fraudulent telemedicine, clinical laboratory, or DME scheme should call to report this conduct to HHS-OIG at 1-800-HHS-TIPS.
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Angelina County Man Sentenced for Trafficking MethamphetamineRead the Press Release
BEAUMONT, Texas – A Lufkin man has been sentenced to more than 22 years in federal prison for drug trafficking related violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Alexander Timia Jones, 38, pleaded guilty on August 19, 2021, to conspiracy to possess with intent to distribute methamphetamine, possession of a firearm during a drug trafficking crime and conspiracy to commit money laundering. Jones was sentenced to a total of 270 months in federal prison today by U.S. District Judge Michael Truncale.
According to information presented in court, between July 2017 and December 2018, Jones led a drug trafficking conspiracy responsible for distributing over one kilogram of methamphetamine in the Lufkin area. Jones was in possession of several firearms while illegally distributing methamphetamine.
Jones was indicted by a federal grand jury on July 1, 2020 and charged with drug trafficking and firearms violations.
This effort is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case was investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Michael Anderson.
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Sergeant at Texas Jail Pleads Guilty to Federal Civil Rights Offense for Assaulting DetaineeRead the Press Release
David Yager, 29, pleaded guilty today in federal court in the Eastern District of Texas to violating a detainee’s civil rights by using excessive force against him. Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division; U.S. Attorney Brit Featherston for the Eastern District of Texas; Assistant Director Luis Quesada of the FBI Criminal Investigative Division; and Special Agent in Charge Matthew DeSarno of the FBI Dallas Field Division made the announcement.
During the plea hearing, Yager admitted that on or about Feb. 28, 2021, while he was acting as a sergeant in the jail at the Van Zandt County Sheriff’s Office, he repeatedly punched a restrained detainee in the chest with a taser, which he also deployed on the detainee. Yager admitted that the detainee was confined to a restraint chair at the time. Yager also admitted that his acts caused bodily injury to the detainee, and that he used force on the detainee despite knowing that there was no legitimate, law enforcement need to use force. Yager admitted that he hit the detainee out of anger.
“Detention officers in correctional settings, especially those in leadership positions, must be held accountable when they violently assault detainees who are in their custody,” said Assistant Attorney General Clarke. “At the time of this assault, the detainee was locked into a restraint chair. When officials inside our jails and prisons betray the great trust placed in them by unlawfully assaulting people in their custody, the Department of Justice will vigorously prosecute them and hold them accountable.”
“Law enforcement officers who violate the law erode confidence in the rule that we hold so dear to our democratic way of life,” said U.S. Attorney Featherston. “Specifically, those officials who violate a citizen’s civil rights will be held accountable for their improper violent actions. We must expect and require officers to act professionally. Simply put, the failure to do so will not be tolerated.”
“The FBI is committed to investigating violations of civil rights, to include the use of excessive force in jails and prisons,” said Assistant Director Quesada. “This case serves as a reminder that any officer who violates the civil rights of detainees will be held accountable.”
With his guilty plea and pursuant to the terms of the plea agreement, the defendant faces a 42-month prison sentence.
A sentencing date will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the FBI Dallas Field Office. It is being prosecuted by Assistant U.S. Attorney Tracey Batson for the Eastern District of Texas and Trial Attorneys Kathryn E. Gilbert and Matthew Tannenbaum of the Justice Department’s Civil Rights Division.
Houston Man Indicted for Attempting to Use Drone to Drop Contraband into Beaumont Federal Prison ComplexRead the Press Release
BEAUMONT, Texas – A Houston man has been indicted for federal violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Davien Phillip Turner, also known as Davien Phillip Mayo, 44, was named in an indictment returned by a federal grand jury on July 6, 2022, charging him with owning or operating a drone that is not registered and serving or attempting to serve as an airman without an airman’s certificate.
Prisons around the country have faced the problem of individuals using drones to fly over prison complexes and drop contraband items to the prison population. According to court documents, on May 19, 2022, law enforcement officials in Jefferson County, Texas were alerted that a person was operating a drone on the property of the Federal Correctional Complex in Beaumont. Law enforcement officials responded and eventually found Turner in the area where the drone was being operated. Near Turner, officers discovered a DJI Matrice 600 Pro Drone. Law enforcement officers also discovered several bags near the drone that Turner allegedly was going to drop into the prison complex via the drone. Inside those bags were tobacco, cell phones, cell phone chargers, various tools, vape pens, and other items. Those items were to be sold by inmates within the prison. Under federal law, this type of drone was required to be registered with the Federal Aviation Administration, and Turner had failed to do so. Furthermore, to operate a drone under these circumstances, a certificate was needed, which Turner also had not obtained.
If convicted, Turner faces up to three years in federal prison and a fine of up to $250,000.
This case is being investigated by the FBI, the Bureau of Prisons, the Jefferson County Sheriff’s Office, and the Federal Aviation Administration. This case is being prosecuted by Assistant U.S. Attorney Russell James.
A grand jury indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney’s Office Joins Plaza Tower Tenants to Combat Elder Financial AbuseRead the Press Release
TYLER, Texas – The U.S. Attorney’s Office is promoting World Elder Abuse Awareness in conjunction with the Department of Justice’s Elder Justice Initiative to help seniors in the Eastern District of Texas avoid falling victim to financial exploitation, announced U.S. Attorney Brit Featherston today.
The U.S. Attorney’s Office is participating in events through the summer to provide educational programming to seniors such as a presentation provided to tenants of the Plaza Tower in downtown Tyler. Assistant U. S. Attorney Nathaniel Kummerfeld was joined by U.S. Secret Service agents this morning to discuss prevalent fraud schemes targeting seniors and how to avoid them. Attendees were also provided with tips for recognizing and avoiding scams and resources for reporting.
“Although we prosecute dozens of scammers each year, there are hundreds, if not thousands more we never know about,” said U.S. Attorney Brit Featherston. “Scammers are particularly skilled at tricking victims, often causing the victim to be embarrassed when they realize they have been duped and not report the crime. By educating our seniors we hope to spare them from this heartache. Preventing this crime is a lot easier than trying to investigate and get back the money!”
In the last few months, similar programs were provided at a local Rotary Club and the Hamptons of Tyler. Groups or organizations that are interested in securing a speaker for their event should contact Division Chief Mary Ann Cozby at 903-590-1400.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed 10am-6pm Eastern Time, Monday-Friday. English, Spanish, and other languages are available.
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Fifteen Texas Doctors Agree to Pay over $2.8 Million to Settle Kickback AllegationsRead the Press Release
SHERMAN, Texas – Fifteen additional Texas doctors have agreed to pay a total of $2,831,280 to resolve False Claims Act allegations involving illegal kickbacks in violation of the Anti-Kickback Statute and Stark Law, and to cooperate with the Department’s investigations of and litigation against other parties, announced Eastern District of Texas U.S. Attorney Brit Featherston today.
“These settlements should reinforce the message that the Eastern District of Texas will not tolerate health care providers who seek to enrich themselves through kickback schemes,” said U.S. Attorney Brit Featherston. “We will continue to work with our agency partners to identify those who defraud our taxpayers and we will hold those who have engaged in the schemes responsible.”
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded programs. The Stark Law forbids a hospital or laboratory from billing Medicare for certain services referred by physicians that have a financial relationship with the hospital or laboratory. The Anti-Kickback Statute and the Stark Law are intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlements announced today resolve allegations that fifteen Texas doctors violated the Anti-Kickback Statute and the Stark Law by receiving thousands of dollars in remuneration from nine management service organizations (MSOs) in exchange for ordering laboratory tests from Rockdale Hospital d/b/a Little River Healthcare (Little River), True Health Diagnostics LLC (True Health), and/or Boston Heart Diagnostics Corporation (Boston Heart). Little River allegedly funded the remuneration to certain doctors, in the form of volume-based commissions paid to independent contractor recruiters, who used MSOs to pay numerous doctors for their referrals. The MSO payments to the doctors were allegedly disguised as investment returns but in fact were based on, and offered in exchange for, the doctors’ referrals.
- Louis Coates, D.O., of Garland, Texas, agreed to pay $87,694 to settle allegations that from September 26, 2016 to March 14, 2018 he received kickbacks from an MSO, Herculis MG LLC, in return for ordering laboratory tests from Boston Heart.
- Jason DeMattia, M.D., and Candice DeMattia, M.D., both of Tomball, Texas, agreed to pay $316,142 and $207,009, respectively, to settle allegations that from August 1, 2014 to December 31, 2016 they received kickbacks from two MSOs, North Houston MSO Group, Inc. and Tomball Medical Management, Inc., in return for ordering laboratory tests from True Health and Little River.
- Emanuel Paul (“E.P.”) Descant, II, M.D., of Spring, Texas, agreed to pay $256,466 to settle allegations that from January 5, 2015 through February 3, 2018 he received kickbacks from two MSOs, North Houston MSO Group, Inc. and Tomball Medical Management, Inc., in return for ordering laboratory tests from Little River.
- Mitchell Finnie, M.D., of San Antonio, Texas, agreed to pay $582,522 to settle allegations that from June 4, 2015 to July 11, 2017 he received kickbacks from two MSOs, Alpha Rise Health, LLC and Tango Rise Health Solutions LLC, in return for ordering laboratory tests from Boston Heart, True Health, and Little River.
- Mark Le, M.D., of Tomball, Texas, agreed to pay $57,900 to settle allegations that from May 9, 2016 to September 22, 2017 he received kickbacks from two MSOs, North Houston MSO Group, Inc. and Tomball Medical Management, Inc., in return for ordering laboratory tests from True Health and Little River.
- Richard Le, M.D., of Houston, Texas, agreed to pay $41,000 to settle allegations that from September 29, 2016 to August 24, 2017 he received kickbacks from two MSOs, North Houston MSO Group, Inc. and Tomball Medical Management, Inc., in return for ordering laboratory tests from True Health and Little River.
- Robert Jeremy Laningham, M.D., and Rodney Jason Laningham, M.D., both of Conroe, Texas, agreed to pay $470,560 to settle allegations that from August 8, 2015 through July 6, 2016, they received kickbacks from two MSOs, SYNRG Partners LLC and Transparity Associates LP in return for ordering laboratory tests from Boston Heart, True Health, and Little River.
- Andres Mesa, M.D., of Houston, Texas, agreed to pay $45,484 to settle allegations that from May 1, 2016 to January 9, 2018, he received kickbacks from an MSO, Transparity Associates LP, in return for ordering laboratory tests from Boston Heart and Little River.
- Melissa Miskell, D.O., of New Braunfels, Texas, agreed to pay $100,392 to settle allegations that from July 13, 2015 to December 14, 2017, she received kickbacks from an MSO, Alpha Rise Health, LLC, in return for ordering laboratory tests from Boston Heart and Little River.
- Marco Munoz, M.D., of Fort Worth, Texas, agreed to pay $54,280 to settle allegations that from July 7, 2015 to April 6, 2016, he received kickbacks from an MSO, Alpha Rise Health, LLC, in return for ordering laboratory tests from Boston Heart and Little River.
- Kozhaya Sokhon, M.D., of the Woodlands, Texas, agreed to pay $160,456 to settle allegations that from January 16, 2015 to May 18, 2018, he received kickbacks from two MSOs, SYNRG Partners LLC and Transparity Associates LP, in return for ordering laboratory tests from Boston Heart and Little River.
- Annie Varughese, M.D., of the Woodlands, Texas, agreed to pay $213,888 to settle allegations that from September 1, 2015 to November 17, 2017, she received kickbacks from three MSOs, SYNRG Partners LLC, Transparity Associates, LP, and North Houston MSO Group, Inc., in return for ordering laboratory tests from True Health and Little River.
- Paul Worrell, D.O., of Dallas, Texas, agreed to pay $237,487 to settle allegations that from October 9, 2015 to December 31, 2017, he received kickbacks from three MSOs, Ascend MSO of TX LLC, Eridanus MG LLC, and BDS Healthcare, LLC, d/b/a Vybrem Labs, in return for ordering laboratory tests from Boston Heart, True Health, and Little River.
As part of their settlements, the fifteen physicians have agreed to cooperate with the Department of Justice’s investigations of and litigation against other parties involved in the alleged violations of law.
“The Anti-Kickback and Stark Statutes help protect the integrity of federal healthcare programs,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to pursue both individuals and corporations responsible for schemes that violate these important safeguards.”
“This outcome is the result of cooperation amongst law enforcement partners focused on upholding the integrity of federal healthcare programs,” said Miranda L. Bennett of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG). “We will continue to pursue physicians engaging in improper financial relationships to ensure patients are receiving quality medical care.”
“Today’s announcement is another step forward by the Department of Defense, Office of Inspector General’s Defense Criminal Investigative Service (DCIS) and our law enforcement partners to protect the integrity of the military’s health care system, commonly known as TRICARE,” said Acting Special Agent in Charge Gregory P. Shilling of the DCIS Southwest Field Office. “We will continue to aggressively investigate and hold those accountable that take advantage of the U.S. Government and American taxpayers.”
“The VA Office of Inspector General actively investigates those in violation of the Stark Law and the Anti-Kickback Statute,” said Special Agent in Charge Jeffrey Breen of the South Central Field Office of the Department of Veterans Affairs Office of Inspector General (VA-OIG). “Today’s civil settlements demonstrate the VA OIG’s ongoing work to hold individuals accountable and protect the integrity of federal healthcare programs.”
Former True Health CEO Christopher Grottenthaler, former Boston Heart CEO Susan Hertzberg, former Little River CEO Jeffrey Madison, and others are defendants in a separate False Claims Act lawsuit in which the United States filed an amended complaint in May 2022. That pending case is captioned United States ex rel. STF, LLC v. True Health Diagnostics, LLC, et al., No. 4:16-cv-547 (E.D. Tex.). If a defendant is found liable for violating the act, the United States may recover three times the amount of its losses plus applicable penalties.
The civil settlements were the result of a coordinated effort between the U.S. Attorney’s Office for the Eastern District of Texas and the Civil Division’s Commercial Litigation Branch, Fraud Section, with assistance from HHS-OIG, DCIS, and VA-OIG. As a result of its efforts, the United States has recovered over $32 million relating to conduct involving Boston Heart, True Health, and Little River, including False Claims Act settlements with thirty-three physicians, two healthcare executives, and one laboratory. This matter and the related matters were handled by Assistant U.S. Attorneys James Gillingham, Adrian Garcia, and Betty Young, Senior Trial Counsel Christopher Terranova, and Trial Attorney Gavin Thole.
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlements are allegations only, and there has been no determination of liability.
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Fifteen Texas Doctors Agree to Pay over $2.8 Million to Settle Kickback AllegationsRead the Press Release
Fifteen additional Texas doctors have agreed to pay a total of $2.83 million to resolve False Claims Act allegations involving illegal kickbacks in violation of the Anti-Kickback Statute and Stark Law, and to cooperate with the Department of Justice’s investigations of and litigation against other parties.
“The Anti-Kickback and Stark Statutes help protect the integrity of federal health care programs,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to pursue both individuals and corporations responsible for schemes that violate these important safeguards.”
“These settlements should reinforce the message that the Eastern District of Texas will not tolerate health care providers who seek to enrich themselves through kickback schemes,” said U.S. Attorney Brit Featherston for the Eastern District of Texas. “We will continue to work with our agency partners to identify those who defraud our taxpayers and we will hold those who have engaged in the schemes responsible.”
“This outcome is the result of cooperation amongst law enforcement partners focused on upholding the integrity of federal health care programs,” said Special Agent in Charge Miranda L. Bennett of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG). “We will continue to pursue physicians engaging in improper financial relationships to ensure patients are receiving quality medical care.”
The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid and other federally-funded programs. The Stark Law forbids a hospital or laboratory from billing Medicare for certain services referred by physicians that have a financial relationship with the hospital or laboratory. The Anti-Kickback Statute and the Stark Law are intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlements announced today resolve allegations that 15 Texas doctors violated the Anti-Kickback Statute and the Stark Law by receiving thousands of dollars in remuneration from nine management service organizations (MSOs) in exchange for ordering laboratory tests from Rockdale Hospital dba Little River Healthcare (Little River), True Health Diagnostics LLC (True Health), and/or Boston Heart Diagnostics Corporation (Boston Heart). Little River allegedly funded the remuneration to certain doctors, in the form of volume-based commissions paid to independent contractor recruiters, who used MSOs to pay numerous doctors for their referrals. The MSO payments to the doctors were allegedly disguised as investment returns but in fact were based on, and offered in exchange for, the doctors’ referrals.
- Louis Coates, D.O., of Garland, Texas, agreed to pay $87,694 to settle allegations that from Sept. 26, 2016, to March 14, 2018, he received kickbacks from an MSO, Herculis MG LLC, in return for ordering laboratory tests from Boston Heart.
- Jason DeMattia, M.D., and Candice DeMattia, M.D., both of Tomball, Texas, agreed to pay $316,142 and $207,009, respectively, to settle allegations that from Aug.1, 2014, to Dec. 31, 2016, they received kickbacks from two MSOs, North Houston MSO Group Inc. and Tomball Medical Management Inc., in return for ordering laboratory tests from True Health and Little River.
- Emanuel Paul (E.P.) Descant II, M.D., of Spring, Texas, agreed to pay $256,466 to settle allegations that from Jan. 5, 2015, through Feb. 3, 2018, he received kickbacks from two MSOs, North Houston MSO Group Inc. and Tomball Medical Management Inc., in return for ordering laboratory tests from Little River.
- Mitchell Finnie, M.D., of San Antonio, Texas, agreed to pay $582,522 to settle allegations that from June 4, 2015, to July 11, 2017, he received kickbacks from two MSOs, Alpha Rise Health LLC and Tango Rise Health Solutions LLC, in return for ordering laboratory tests from Boston Heart, True Health and Little River.
- Mark Le, M.D., of Tomball, Texas, agreed to pay $57,900 to settle allegations that from May 9, 2016, to Sept. 22, 2017, he received kickbacks from two MSOs, North Houston MSO Group Inc. and Tomball Medical Management Inc., in return for ordering laboratory tests from True Health and Little River.
- Richard Le, M.D., of Houston, Texas, agreed to pay $41,000 to settle allegations that from Sept. 29, 2016, to Aug. 24, 2017, he received kickbacks from two MSOs, North Houston MSO Group Inc. and Tomball Medical Management Inc., in return for ordering laboratory tests from True Health and Little River.
- Robert Jeremy Laningham, M.D., and Rodney Jason Laningham, M.D., both of Conroe, Texas, agreed to pay $470,560 to settle allegations that from Aug. 8, 2015, through July 6, 2016, they received kickbacks from two MSOs, SYNRG Partners LLC and Transparity Associates LP in return for ordering laboratory tests from Boston Heart, True Health and Little River.
- Andres Mesa, M.D., of Houston, Texas, agreed to pay $45,484 to settle allegations that from May 1, 2016, to Jan. 9, 2018, he received kickbacks from an MSO, Transparity Associates LP, in return for ordering laboratory tests from Boston Heart and Little River.
- Melissa Miskell, D.O., of New Braunfels, Texas, agreed to pay $100,392 to settle allegations that from July 13, 2015, to Dec. 14, 2017, she received kickbacks from an MSO, Alpha Rise Health LLC, in return for ordering laboratory tests from Boston Heart and Little River.
- Marco Munoz, M.D., of Fort Worth, Texas, agreed to pay $54,280 to settle allegations that from July 7, 2015, to April 6, 2016, he received kickbacks from an MSO, Alpha Rise Health LLC, in return for ordering laboratory tests from Boston Heart and Little River.
- Kozhaya Sokhon, M.D., of the Woodlands, Texas, agreed to pay $160,456 to settle allegations that from Jan. 16, 2015, to May 18, 2018, he received kickbacks from two MSOs, SYNRG Partners LLC and Transparity Associates LP, in return for ordering laboratory tests from Boston Heart and Little River.
- Annie Varughese, M.D., of the Woodlands, Texas, agreed to pay $213,888 to settle allegations that from Sept. 1, 2015, to Nov. 17, 2017, she received kickbacks from three MSOs, SYNRG Partners LLC, Transparity Associates LP, and North Houston MSO Group Inc., in return for ordering laboratory tests from True Health and Little River.
- Paul Worrell, D.O., of Dallas, Texas, agreed to pay $237,487 to settle allegations that from Oct. 9, 2015 to Dec. 31, 2017 he received kickbacks from three MSOs, Ascend MSO of TX LLC, Eridanus MG LLC and BDS Healthcare LLC, dba Vybrem Labs, in return for ordering laboratory tests from Boston Heart, True Health and Little River.
As part of their settlements, the 15 physicians have agreed to cooperate with the Department of Justice’s investigations of and litigation against other parties involved in the alleged violations of law.
“Today’s announcement is another step forward by the Department of Defense, Office of Inspector General’s Defense Criminal Investigative Service (DCIS) and our law enforcement partners to protect the integrity of the military’s health care system, commonly known as TRICARE,” said Acting Special Agent in Charge Gregory P. Shilling of the DCIS Southwest Field Office. “We will continue to aggressively investigate and hold those accountable that take advantage of the U.S. government and American taxpayers.”
“The VA Office of Inspector General actively investigates those in violation of the Stark Law and the Anti-Kickback Statute,” said Special Agent in Charge Jeffrey Breen of the South Central Field Office of the Department of Veterans Affairs Office of Inspector General (VA-OIG). “Today’s civil settlements demonstrate the VA-OIG’s ongoing work to hold individuals accountable and protect the integrity of federal healthcare programs.”
Former True Health CEO Christopher Grottenthaler, former Boston Heart CEO Susan Hertzberg, former Little River CEO Jeffrey Madison, and others are defendants in a separate False Claims Act lawsuit in which the United States filed an amended complaint in May 2022. That pending case is captioned United States ex rel. STF, LLC v. True Health Diagnostics, LLC, et al., No. 4:16-cv-547 (E.D. Tex.). If a defendant is found liable for violating the act, the United States may recover three times the amount of its losses plus applicable penalties.
The civil settlements were the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the Eastern District of Texas, with assistance from HHS-OIG, DCIS and VA-OIG. As a result of its efforts, the United States has recovered over $32 million relating to conduct involving Boston Heart, True Health and Little River, including False Claims Act settlements with 33 physicians, two health care executives, and one laboratory. This matter and the related matters were handled by attorneys Christopher Terranova and Gavin Thole in the Civil Division’s Commercial Litigation Branch (Fraud Section) and Assistant U.S. Attorneys James Gillingham, Adrian Garcia and Betty Young for the Eastern District of Texas.
The government’s pursuit of these matters illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlements are allegations only, and there has been no determination of liability.
Tyler Man Guilty of Using Stolen Valor to Defraud InvestorsRead the Press Release
TYLER, Texas – A Tyler man has pleaded guilty to federal charges in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Derek Robert Hamm, 38, pleaded guilty to wire fraud, money laundering, violating the Stolen Valor Act, using a fraudulent military discharge certificate, and being a felon in possession of firearms and ammunition. The Stolen Valor Act of 2013 makes it illegal to fraudulently wear medals, embellish rank, or make false claims of military service to obtain money, employment, property, or some other tangible benefit. As part of the plea agreement, Hamm agreed to pay restitution of at least $2.3 million and forfeiture of the proceeds of his criminal conduct, including jewelry, automobiles, and cash proceeds in the amount of $1,675,000.
According to court documents, Hamm invented a persona of being a wealthy and successful war hero. Hamm held himself out to be a former member of the Army Special Forces who had served multiple tours of duty in Iraq, Afghanistan, and other countries. He claimed to have been awarded a Purple Heart, Silver Star, Bronze Star, and Distinguished Service Cross for his service. Hamm also represented that he was related to Harold Hamm, the billionaire oilman in Oklahoma, which he claimed gave him access to financial resources and oil industry expertise. Through this larger-than-life persona, Hamm created an extensive network of friends who introduced him to potential investors. Those investors believed Hamm’s claims and invested in what they expected to be worthwhile ventures spearheaded by a trustworthy and capable entrepreneur.
In reality, Derek Hamm was nothing of the sort. Hamm was not a decorated war hero. He was no oil industry tycoon. He was not related to Harold Hamm. He did not spend investors’ funds on the latest oil industry technology or new oil wells. Within hours of receiving investors’ funds, Hamm spent their money on himself and his family, including expensive jewelry, vehicles, and vacations to expensive resorts on private charter planes. All the while, Hamm represented to investors that he had invested their money in successful oil industry projects. Because of the Hamm war hero persona, the investors trusted Hamm even as their invested funds failed to produce any returns.
“Whenever people invent achievements and claim valor for things done by others, they tarnish the legacy and service of those men and women who have made real sacrifices in service to this country,” said U.S. Attorney Brit Featherston. “That is especially true when someone uses the valor of such service to ultimately steal from people. Hamm’s repugnant actions are an insult to true American heroes who received real recognition for their real achievements.”
Hamm also pleaded guilty to being a prohibited person in possession of firearms and ammunition. Hamm was convicted in Smith County in 2020 for theft of property, a state felony. As a felon, Hamm is prohibited by federal law from owning or possessing firearms or ammunition. According to court documents, Hamm was in possession of dozens of firearms, including several rifles with high-capacity magazines, and ammunition for those firearms.
A federal grand jury returned an indictment charging Hamm with federal violations on January 20, 2022. He faces up to 20 years in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
If you or someone you know has been a victim of Derek Robert Hamm, please contact the Federal Bureau of Investigation at 903-594-3503. Derek Robert Hamm is also known as D. Wayne Hamm II, Wayne Hamm, D. Wayne H., DW Hamm, and RD Hamm.
This case was prosecuted as part of the Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is aimed at reducing gun and gang violence; deterring illegal possession of guns, ammunition, and body armor; and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state, and local law enforcement agencies.
This case is being investigated by the Federal Bureau of Investigation’s Tyler Field Office, with assistance from the Tyler Police Department, the Smith County Sheriff’s Office, the Phoenix Arizona Police Department, Smith County Adult Probation, the Texas Railroad Commission-Enforcement Division, Department of Veteran’s Affairs-Office of Inspector General, Texas Comptroller of Public Accounts-Criminal Investigation Division, and the United States Army Special Operations Command. This case is being prosecuted by Assistant U.S. Attorneys Robert Austin Wells and Ryan Locker.
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U.S. Attorney’s Office Joins Texoma Senior Citizens to Combat Elder Financial AbuseRead the Press Release
BONHAM, Texas – The U.S. Attorney’s Office is promoting World Elder Abuse Awareness in conjunction with the Department of Justice’s Elder Justice Initiative to help seniors in the Eastern District of Texas avoid falling victim to financial exploitation, announced U.S. Attorney Brit Featherston today.
The U.S. Attorney’s Office is participating in events through the summer to provide educational programming to seniors such as a presentation provided to residents of the Pecan Place Senior Apartments in Bonham. Assistant U. S. Attorney Camelia Lopez met with residents this morning to discuss prevalent fraud schemes targeting seniors and how to avoid them. Residents were also provided with tips for recognizing and avoiding scams and resources for reporting.
“Although we prosecute dozens of scammers each year, there are hundreds, if not thousands more we never know about,” said U.S. Attorney Brit Featherston. “Scammers are particularly skilled at tricking victims, often causing the victim to be embarrassed when they realize they have been duped and not report the crime. By educating our seniors we hope to spare them from this heartache. Preventing this crime is a lot easier than trying to investigate and get back the money!”
Earlier this year, a similar program was provided in coalition with the Texoma Council of Governments, Area Agency on Aging, at the Texoma Senior Center in Sherman. Groups or organizations that are interested in securing a speaker for their event should contact AUSA Lopez at the Plano U.S. Attorney’s Office at 972-509-1201.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed 10am-6pm Eastern Time, Monday-Friday. English, Spanish, and other languages are available.
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