Eastern District of Texas
Press releases recorded for this federal judicial district.
ExxonMobil to Pay Civil Penalty and Take Remedial Measures to Resolve Clean Air Act Violations Stemming from Deadly Fire at Texas RefineryRead the Press Release
The Department of Justice and the U.S. Environmental Protection Agency (EPA) announced a settlement with ExxonMobil Oil Corporation (ExxonMobil) today to resolve federal Clean Air Act claims arising from a 2013 fire at the company’s oil refinery in Beaumont, Texas that killed two employees and injured ten others. In a complaint filed today with the settlement, the United States alleges that the company violated Section 112(r) of the Clean Air Act, which requires measures to prevent accidental releases of extremely hazardous substances that can have serious public health and environmental consequences.
The April 17, 2013, fire at the refinery occurred when workers used a torch to remove bolts from the top, or “head,” of a device called a heat exchanger. The torch ignited hydrocarbons released from the head. EPA’s inspection following the incident disclosed violations of Section 112(r) and of the regulations known as the Chemical Accident Prevention provisions.
“The deaths and injuries resulting from the 2013 fire at ExxonMobil’s Beaumont refinery are a terrible tragedy,” said Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Environment and Natural Resources Division. “Today’s settlement sends a clear message to companies handling hazardous substances in their operations that they must take the necessary steps to protect their workers under the environmental laws or face the consequences of vigorous enforcement. Additionally, the relief the United States has secured will aid in protecting a vulnerable surrounding community from future tragic episodes like this one.”
“When companies shortcut the safety requirements that have been put in place, especially in high risk situations like this, people can die,” said U.S. Attorney Joseph D. Brown of the Eastern District of Texas. “It is important that companies understand that there is not only liability in private civil suits, but administrative fines to pay. We cannot put a price on the lives lost, but we hope to deter these kinds of violations to save lives in the future.”
“We rely on companies to carefully follow environmental regulations, which are designed—above all—to protect human health,” said EPA Regional Administrator Anne Idsal. “As the incident at ExxonMobil’s facility shows, failing to comply with these rules can have devastating consequences.”
Under the consent decree, ExxonMobil will pay a $616,000 civil penalty, hire an independent third party auditor to conduct a compliance audit of ExxonMobil’s procedures for opening process equipment at ten different process units at the refinery, and perform a supplemental environmental project (SEP) under EPA’s SEP Policy to purchase a hazardous materials Incident Command Vehicle (ICV), valued at $730,000, for the Beaumont Fire & Rescue Service (BFRS). The auditor will also evaluate the company’s procedures for conducting risk-based mechanical integrity inspections.
The ICV will contain equipment specifically tailored to enhance BFRS’s hazardous-material incident response capabilities, including its 24-hour emergency response services from 12 fire stations. From these stations, BFRS provides fire, hazardous materials, disaster, technical rescue, and first responder emergency medical services over 90 square miles containing numerous petroleum and/or chemical facilities. The ICV will enhance BFRS’s capability to communicate and coordinate emergency response activities in the event of a fire, explosion or similar major incident.
The proposed consent decree was lodged in the U.S. District Court for the Eastern District of Texas and is subject to a 30-day public comment period and final court approval. Information about submitting a public comment is available at: https://www.justice.gov/enrd/consent-decrees.
Exxonmobil to Pay Civil Penalty and Take Remedial Measures to Resolve Clean Air Act Violations Stemming from Deadly Fire at Texas RefineryRead the Press Release
WASHINGTON – The Department of Justice and the U.S. Environmental Protection Agency (EPA) announced a settlement with ExxonMobil Oil Corporation (ExxonMobil) today to resolve federal Clean Air Act claims arising from a 2013 fire at the company’s oil refinery in Beaumont, Texas that killed two employees and injured ten others. In a complaint filed today with the settlement, the United States alleges that the company violated Section 112(r) of the Clean Air Act, which requires measures to prevent accidental releases of extremely hazardous substances that can have serious public health and environmental consequences.
The April 17, 2013, fire at the refinery occurred when workers used a torch to remove bolts from the top, or “head,” of a device called a heat exchanger. The torch ignited hydrocarbons released from the head. EPA’s inspection following the incident disclosed violations of Section 112(r) and of the regulations known as the Chemical Accident Prevention provisions.
“The deaths and injuries resulting from the 2013 fire at ExxonMobil’s Beaumont refinery are a terrible tragedy,” said Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Environment and Natural Resources Division. “Today’s settlement sends a clear message to companies handling hazardous substances in their operations that they must take the necessary steps to protect their workers under the environmental laws or face the consequences of vigorous enforcement. Additionally, the relief the United States has secured will aid in protecting a vulnerable surrounding community from future tragic episodes like this one.”
“When companies shortcut the safety requirements that have been put in place, especially in high risk situations like this, people can die,” said U.S. Attorney Joseph D. Brown of the Eastern District of Texas. “It is important that companies understand that there is not only liability in private civil suits, but administrative fines to pay. We cannot put a price on the lives lost, but we hope to deter these kinds of violations to save lives in the future.”
“We rely on companies to carefully follow environmental regulations, which are designed—above all—to protect human health,” said EPA Regional Administrator Anne Idsal. “As the incident at ExxonMobil’s facility shows, failing to comply with these rules can have devastating consequences.”
Under the consent decree, ExxonMobil will pay a $616,000 civil penalty, hire an independent third party auditor to conduct a compliance audit of ExxonMobil’s procedures for opening process equipment at ten different process units at the refinery, and perform a supplemental environmental project (SEP) under EPA’s SEP Policy to purchase a hazardous materials Incident Command Vehicle (ICV), valued at $730,000, for the Beaumont Fire & Rescue Service (BFRS). The auditor will also evaluate the company’s procedures for conducting risk-based mechanical integrity inspections.
The ICV will contain equipment specifically tailored to enhance BFRS’s hazardous-material incident response capabilities, including its 24-hour emergency response services from 12 fire stations. From these stations, BFRS provides fire, hazardous materials, disaster, technical rescue, and first responder emergency medical services over 90 square miles containing numerous petroleum and/or chemical facilities. The ICV will enhance BFRS’s capability to communicate and coordinate emergency response activities in the event of a fire, explosion or similar major incident.
The proposed consent decree was lodged in the U.S. District Court for the Eastern District of Texas and is subject to a 30-day public comment period and final court approval. Information about submitting a public comment is available at: https://www.justice.gov/enrd/consent-decrees
Collin County Man Guilty of Child Exploitation ViolationsRead the Press Release
SHERMAN, Texas – A 21-year-old McKinney, Texas man has pleaded guilty to child exploitation violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Stephen Chase Clark pleaded guilty to attempted coercion and enticement of a minor and receipt of child pornography before U.S. Magistrate Judge Christine A. Nowak on Mar. 4, 2019.
According to information presented in court, in August 2018, law enforcement officers conducting an undercover investigation dubbed Operation Zeus, encountered Clark chatting on social media with an individual he believed to be a minor male. Clark engaged in sexual conversations with the individual and asked for photographs of the child. Clark was arrested on Aug. 28, 2018, after he went to a location in McKinney where he expected to meet the individual he believed to be a child to engage in sexual activities. A review of Clark’s cellular phone and social media accounts revealed a number of sexually explicit chats between Clark and other young males. Law enforcement also found a number of child pornography and chats about trading child pornography.
Clark entered into a plea agreement with the government that includes a sentence of 250 months in federal prison. A sentencing date has not yet been set and the actual sentence will be determined by a federal judge at sentencing.
This case was brought as 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 and the Collin County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Marisa Miller.
FBI agents continue to work to identify children whose images were located on Clark’s electronic devices and encourage anyone who had contact with Clark or may have additional information to contact the U.S. Attorney’s Office at 1-800-804-3547.
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Georgia Man Indicted in Insurance Fraud SchemeRead the Press Release
TYLER, Texas – A 34-year-old Atlanta, GA, man has been indicted for his role in an insurance fraud scheme in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Daniel Driver was named in an indictment returned by a federal grand jury on Feb. 20, 2019, charging him with conspiracy to commit wire fraud.
According to the indictment, Theodore Robert Wright III, 33, formerly of Kemah, Texas, led a multi-jurisdictional fraud and arson scheme that spanned from Hawaii to Texas and involved the destruction of various assets, including aircraft and vessels. Wright and his co-conspirators, Raymond Fosdick, 42, of Houston, Edward Delima, 42, of Honolulu, and Driver acquired assets and obtained insurance coverage for the acquired assets in amounts exceeding their purchase prices. Wright and his co-conspirators then devised and carried out schemes to destroy the assets and fraudulently obtain payouts from insurance companies.
The various assets involved the scheme included a 1971 Cessna 500, a 1998 Hunter Passage, and a 1987 West Coast 87. The Cessna 500 was completely destroyed when Fosdick set it on fire at Wright’s direction at an airport in Athens, Texas. The Hunter Passage sank in a marina in Hawaii. The West Coast 87 was intentionally sunk in the Pacific Ocean, approximately 30 miles off the coast of Washington. Driver and another individual were rescued from the sinking vessel by the U.S. Coast Guard. The vessel was not recovered. Fraudulent insurance claims were filed in relation to each of these incidents.
On May 17, 2017, Wright, Fosdick, and Delima were charged with various offenses related to the scheme. On Sep. 26, 2017, Delima pleaded guilty to conspiring to commit wire fraud and was later sentenced to a five-year term of probation. On Oct. 12, 2017, Fosdick pleaded guilty to conspiring to commit wire fraud and conspiring to commit arson and was later sentenced to 39 months in federal prison. On Oct. 25, 2017, Wright pleaded guilty to conspiring to commit wire fraud and conspiring to commit arson and was later sentenced to 65 months in federal prison.
If convicted, Driver faces up to 20 years in federal prison. 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 case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and is being prosecuted by Assistant U.S. Attorneys Nathaniel C. Kummerfeld and L. Frank Coan, Jr.
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Two East Texas Felons Sentenced to Federal Prison for Supervised Release ViolationsRead the Press Release
TEXARKANA, Texas – Two East Texas convicted felons have been sentenced to federal prison for violating the terms of their supervised release in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Johnny McElwrath, 39, of Jefferson, Texas, was sentenced to 33 months in federal prison on Mar. 16, 2015, to be followed by 3 years of supervised release for transportation of illegal aliens. As a condition of his supervised release, McElwrath was required to report all vehicles owned or operated, or in which he had an interested, to the probation office. However, on Dec. 21, 2018, he was arrested while driving a 2007 Hummer registered in his name, which he had not reported to the probation officer. McElwrath admitted this violation before U.S. Magistrate Judge Caroline M. Craven on Feb. 8, 2019 and was sentenced to 16 months in federal prison as a result.
Meekesha Tarsha Mitchell, 42, of Texarkana, Texas, was sentenced to 21 months in federal prison on Oct. 7, 2015, to be followed by 3 years of supervised release for theft of government property. As a condition of her supervised release, Mitchell was required to participate in a program of testing and treatment for drug abuse, under the guidance and direction of the U.S. Probation Office, until such time as she was released from the program by the probation officer. However, on Jan. 28, 2019, Mitchell was unsuccessfully discharged from her substance abuse treatment program. Mitchell admitted this violation before Judge Craven on Feb. 8, 2019, and was sentenced to 6 months in federal prison as a result.
These cases were investigated by the U.S. Probation Office and prosecuted by Assistant U.S. Attorney Jonathan R. Hornok.
Grayson County Man Sentenced to 10 Years in Federal Prison for $2.1 Million Bank Fraud OffenseRead the Press Release
SHERMAN, Texas – A 38-year-old Sherman man has been sentenced to federal prison for bank fraud in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown.
Michael Shelley pleaded guilty on July 18, 2018, to bank fraud and was sentenced to 120 months in federal prison on Feb. 7, 2019, by U.S. District Judge Amos Mazzant. Shelley was also ordered to pay restitution in the amount of $2,189,073 to Lone Star Agricultural Credit Association (LSAC).
According to information presented in court, Shelley engaged in bank fraud while employed as a licensed loan officer at LSAC. Shelley devised and executed a scheme to defraud LSAC of millions of dollars through loan manipulation. Without LSAC’s knowledge or authorization, Shelley fabricated loan documents, advanced funds to fictitious borrowers, and manipulated collateral and loan interest rates. He made unauthorized fund transfers from fictitious borrowers to existing LSAC customers, all to the detriment of LSAC. Shelley’s criminal conduct involved nearly $9 million in LSAC loans and funds.
At sentencing, counsel for the victim, LSAC, explained the expansive financial harm Shelley’s fraud caused to both LSAC and its borrower-members. Due to Shelley’s position of authority within the bank, LSAC had to expend significant resources to unwind and uncover the full breadth and impact of his fraud. According to LSAC, the impact of Shelley’s fraud will be felt for years to come.
“Employee theft affects many businesses, and it can be devastating to a company,” said U.S. Attorney Joe Brown. “Unfortunately, this man had access to a whole lot of money, and he took advantage of that, and took advantage of the bank. It doesn’t matter whether it’s stolen with a gun or computer, it hurts just as bad to the victim.”
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Christopher A. Eason, with the assistance of Assistant U.S. Attorney Robert Austin Wells.
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27 Indicted in Multi-State ATM Robbery ConspiracyRead the Press Release
PLANO, Texas – U.S. Attorney Joseph D. Brown announced today that 27 Houston residents have been indicted and arrested as the result of an investigation into ATM robberies in the Eastern District of Texas.
From August 2017 through January 2019, the defendants are alleged to have conspired with each other, and others, to participate in and commit at least 47 strong-arm robberies of ATM (Automated Teller Machine) technicians as they attempted to service the machines. In addition to multiple robberies in the Eastern District of Texas, including robberies in Plano, Allen, McKinney, and Texarkana, the suspects are accused of robberies in multiple other cities throughout Texas, and in Georgia, North Carolina, Missouri, Arkansas, Florida, Illinois, and Tennessee. Estimated losses to financial institutions are believed to be approximately $2,779,000. The suspects are linked to a criminal gang based in the 5th Ward area of Houston known as the Market Street Money Gang, or MSMG. A federal grand jury indicted seven individuals in August 2018 charging them with conspiracy to commit robbery interfering with interstate commerce and robbery interfering with interstate commerce. Since that time, superseding indictments have been returned by the grand jury and the number of defendants charged has increased to 27.
Twenty-three of the indicted defendants have been arrested. A remaining four suspects are at large. The arrested individuals named in the indictment of Feb. 6, 2019, are as follows:
- PAUL ROOSEVELT BANK, III, 24;
- JOHN FELTON BOUTTE, JR. 29;
- DAVID BENFORD DORSEY, 38;
- KEITH DEWAYNE DORSEY, 30;
- KEVIN DEWAYNE HARRIS, 32;
- JESSE BANKS MOTTON, JR., 33;
- CHARLES JERMAINE RANDLE, 33;
- GEORGE SHERMAN BECKS, 25;
- MARQUETT CAINS DORSEY, 34;
- PATRICK RENOID SMITH, 32;
- BRANDON JAMAL PINSON, 32;
- TRACY ONEAL BLUNT, JR., 25;
- CYRUS RAY MCQUARN, 32;
- DEANDRE MARKER ADAMS, 43;
- LESLIE JAMES ADAMS, 26;
- TYRONE CHRISTOPHER GOREE, 36;
- LORIE ANITA MONTGOMERY, 26;
- MAJEL D. MAPP, 24;
- LATRELL RAYSHOD PHILLIPS, 23;
- DARIUS MARQUISE CELESTINE, 29;
- ALLEN JOSEPH LANCELIN, 26;
- OLIVER MAVRICK ARRINGTON, 30; and
- MARSHALL LEE WARE, JR., 39, all of Houston.
If convicted, the defendants could each face up to 20 years in federal prison.
“This was a large criminal enterprise,” said U.S. States Attorney Joseph Brown. “The criminal activity spanned a good part of the country. They hurt people, scared people, and a lot of money was stolen. The FBI and our state and local partners worked hard to put these cases together, and with the breadth of this conspiracy, that was a difficult task. We intend to make sure these people go to prison.”
This case is being investigated by the Federal Bureau of Investigation, Texas Department of Public Safety, Dallas Police Department, Houston Police Department, Plano Police Department, McKinney Police Department, Allen, Police Department, Texarkana Police Department, and Nashville, Arkansas Police Department. This case is being prosecuted by Assistant U.S. Attorneys in the Plano office.
An indictment or arrest is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Colombian National Sentenced to Federal Prison for East Texas Drug TraffickingRead the Press Release
BEAUMONT, Texas – A 35-year-old Colombian national has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown today.
Esmir Colorado-Cuero pleaded guilty on Oct. 22, 2018, to conspiracy to distribute heroin, conspiracy to money launder, and illegal reentry by a previously removed alien. Colorado-Cuero was sentenced to 121 months in federal prison today by U.S. District Judge Marcia Crone.
According to information presented in court, in January 2016, law enforcement officers seized a kilogram of heroin moving through Beaumont, Texas for delivery in Louisiana. Around the same time, two bulk cash seizures of over $100,000 each, were made in the Houston area. An investigation by law enforcement agents into these events identified Colorado-Cuero’s connection to a large scale heroin trafficking and money laundering conspiracy moving drugs and cash from Houston through the Eastern District of Texas. Further investigation revealed Colorado-Cuero was a Colombian national and had been apprehended and deported from the United States on at least two prior occasions.
This case is the result of an extensive joint investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. Six other defendants have been convicted and sentenced for their roles in the conspiracies.
This case was investigated by the DEA Houston Field Division; DEA Miami Field Division; Houston Police Department; Beaumont Police Department; Department of Homeland Security-Enforcement Removal Operations-Beaumont; Homeland Security Investigations-Houston; and Texas Department of Public Safety Crime Lab Tyler and Austin. This case was prosecuted by Assistant U.S. Attorneys Randall L. Fluke and John Craft and Special Assistant U.S. Attorney Tommy Coleman.
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Red River Army Depot Contractor Sentenced for Assaulting Police OfficerRead the Press Release
TEXARKANA, Texas – A 32-year-old Red River Army Depot contractor has been sentenced to federal prison for assaulting a Red River Army Depot Police Officer in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Dontrell McChester, of Hooks, Texas, pleaded guilty on Nov. 5, 2018, to assault on a federal officer and was sentenced to 13 months in federal prison by U.S. District Judge Robert W. Schroeder, III, on Jan. 30m 2019. During sentencing, Judge Schroeder found that McChester had recklessly created a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer. McChester was also ordered to pay restitution in the amount of $592.36.
According to information presented in court, on Sep. 11, 2018, McChester attempted to enter the Red River Army Depot in his vehicle when Red River Army Depot Police Officers at the main gate smelled the odor of marijuana coming from his vehicle. Officers directed McChester to exit the vehicle for further inspection. While officers were conducting that inspection, McChester ran from officers, re-entered the vehicle, and attempted to drive away. McChester began kicking an officer, who was struggling with him to stop the vehicle. While attempting to flee, McChester drove the vehicle in a manner that could have easily killed or seriously injured the officers at the scene. Officers were finally able to restrain McChester by using pepper spray. The assaulted officer received injuries and was also pepper sprayed during the altercation.
This case was investigated by the Red River Army Depot Police Department and was prosecuted by Assistant U.S. Attorneys Jonathan R. Hornok and Allen Hurst and Special Assistant U.S. Attorney Ivor Jorgensen.
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Federal Inmates Indicted for Escaping from PrisonRead the Press Release
BEAUMONT, Texas – Three federal prison inmates have been indicted for escaping from prison announced U.S. Attorney Joseph D. Brown today.
The three federal inmates were charged with escape in three separate indictments returned by a federal grand jury today.
According to the indictments on Jan. 12, 2019, the Jefferson County Sheriff’s Office received a call from a citizen near the Bureau of Prison Camp Facility in west Jefferson County reporting they had witnessed inmates crossing a pasture and getting picked by a vehicle on Hillebrandt Road. A Jefferson County Sheriff’s Deputy pulled over the vehicle shortly afterwards and found two of the escapees inside. The inmates were transported back to the prison facility by law enforcement officers. A third inmate returned to the facility on foot several hours later. Charged in the indictments are:
- Juan Carlos Acuna, 37, of Marietta, Georgia. Acuna was sentenced to 22 years in federal prison in 2006 for possession with intent to distribute over 150 kilos of cocaine.
- Clemente Valdez, Jr., 36, of Dallas. Valdez was sentenced to over 17 years in federal prison in 2012 for conspiracy to commit money laundering and conspiracy to distribute cocaine. Valdez was also convicted of marijuana trafficking in 2003 and served state prison time in North Carolina for that offense.
- Arnold Troy Crayton, 37, of Fort Worth. Crayton was sentenced to 5 years in federal prison in 2014 for possession with intent to distribute marijuana. He has prior felony convictions for conspiracy to distribute cocaine and has been in a federal prison facility since 2002.
If convicted, the defendants each face up to five years in federal prison.
This case is being investigated by the U.S. Bureau of Prisons and Jefferson County Sheriff’s Office and prosecuted by Executive Assistant U.S. Attorney Brit Featherston.
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.
Upshur County Methamphetamine Trafficking Operation BustedRead the Press Release
TYLER, Texas – U.S. Attorney Joseph D. Brown announced today that seven individuals have been arrested and indicted as the result of a lengthy investigation into drug trafficking activities in the Eastern District of Texas.
Beginning in 2017, a combined task force of federal, state and local law enforcement began a multi-agency investigation into the trafficking of methamphetamine in and around Upshur County, Texas. During the course of the investigation, law enforcement agencies conducted numerous audio- and video-recorded controlled purchases of methamphetamine from suspects. Furthermore, law enforcement officers and agents executed search and arrest warrants, seizing additional quantities of methamphetamine and firearms.
This operation resulted in the arrests of Roger Dale Hall, 53; Denise Michelle Taylor, 35; Christopher Dewayne Bunn, 43; Shaun Dale Weeks, 43; Jessie Darwin Ezell, 37; Darrell Lynn Gage, Jr., 41; and Kenny Okeith Harris, 32, all of Gilmer, Texas.
The defendants were indicted by a federal grand jury on Dec. 13, 2018, and charged with conspiracy to possess with intent to distribute methamphetamine. In addition, Weeks, Bunn, and Harris are charged with firearms offenses including felon in possession of a firearm and use, carrying, and possession of a firearm during and in furtherance of a drug trafficking crime. Hall, Taylor, Bunn, Weeks, Ezell, and Gage each have prior federal or state felony convictions relating to the possession and distribution of controlled substances. The defendants have appeared before U.S. Magistrate Judge Roy Payne. The indictment remained sealed by the court until Feb. 4, 2019, and after the final defendant, Roger Dale Hall, was arrested.
If convicted, the defendants could each face from five to 40 years in federal prison.
“These arrests have made a big impact on the supply of methamphetamine in this part of East Texas,” said U.S. Attorney Joe Brown. “The defendants were moving large amounts of drugs, and staying in the more rural areas to avoid detection. Credit really goes to the cooperation of several local, state, and federal agencies which worked together to take these people off the street.”
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the U.S. Drug Enforcement Administration, the Texas Department of Public Safety, the Upshur County Sheriff’s Office, the Gregg County Sheriff’s Office, the Upshur County District Attorney’s Office, the Gregg County Organized Drug Enforcement (CODE) Unit, and the Gilmer Police Department. This case is being prosecuted by Assistant U.S. Attorney Lucas Machicek.
An indictment or arrest is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Melissa, Texas Woman Sentenced for Income Tax Fraud SchemeRead the Press Release
SHERMAN, Texas – A 39-year-old Melissa, Texas woman has been sentenced to federal prison for violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Demetrice Hodges pleaded guilty on May 10, 2018, to conspiracy to commit wire fraud, wire fraud, and aggravated identity theft charges related to an income tax fraud scheme. Hodges was sentenced to 65 months in federal prison by U.S. District Judge Amos Mazzant on Jan. 24, 2019. Hodges was also ordered to pay restitution in the amount of $343,824.59 to the Internal Revenue Service and ordered to forfeit $8,000 as proceeds of the wire fraud conviction.
According to information presented in court, in 2016, Hodges was involved in a scheme to defraud individuals by conspiring with others to obtain money and property by false pretenses. As part of the scheme, Hodges coordinated with another individual in purchasing personal identifying information ("PII") that was used to electronically file income tax returns using the stolen identifiers. Hodges was indicted by a federal grand jury on Sep. 13, 2017.
"Income tax fraud and identity theft cause great financial harm to the U.S. Treasury and significant personal harm to individuals and their financial and credit status," said U.S. Attorney Joseph D. Brown. "The U.S. Attorney's Office, the Department of Justice, and the Internal Revenue Service are dedicated to investigating and vigorously prosecuting cases in which individuals steal the identity of innocent victims, including the identities of both adults and children, and commit fraud against the Internal Revenue Service and the United States Treasury."
This case was investigated by the Internal Revenue Service-Criminal Investigation and prosecuted by Assistant U.S. Attorney Tom Gibson.
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Jasper County Woman Sentenced for Production of Child PornographyRead the Press Release
BEAUMONT, Texas — A 33-year-old Jasper, Texas woman has been sentenced to 320 months in federal prison for child exploitation violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Janel Saphire Trahan pleaded guilty on Sep. 13, 2018 to production of child pornography and was sentenced to 320 months in federal prison by U.S. District Judge Thad Heartfield on Jan. 23, 2019.
According to information presented in court, on Jan. 13, 2018, Trahan took a photograph of herself performing oral sex on a 2-year-old female and sent it to her husband. On Jan. 14, 2018, she sent the photograph in a private group chat using a mobile instant messaging application. Trahan was indicted by a federal grand jury on Feb. 7, 2018.
This case was prosecuted 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 HSI-ICE, the Beaumont Police Department and the Orange County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Christopher T. Tortorice.
Beaumont Man Charged in Connection with Shooting of Girlfriend and ChildRead the Press Release
BEAUMONT, Texas – A 25-year-old Beaumont, Texas man appeared in federal court on firearms and drug trafficking charges in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown today.
James Anthony Madrid had an initial appearance today pursuant to a criminal complaint issued by the U.S. District Court charging him with possession with intent to distribute cocaine and using a firearm during a drug trafficking crime.
According to information presented in court, on Jan. 24, 2019, local and federal agents responded to the 8700 block of Newfield Lane in Beaumont, Texas, in connection with a shooting. Officers discovered Madrid’s one-year-old child and girlfriend had been shot. An investigation revealed Madrid had shot the girlfriend and child as individuals attempted to break into the house in connection with Madrid’s drug trafficking activities. A search of the home revealed approximately 1.5 kilograms of cocaine, evidence of drug distribution and several firearms.
If convicted, Madrid faces up to Life in federal prison.
This case is being investigated by the Beaumont Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant U.S. Attorney Russell James.
It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
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Beaumont Man Sentenced for Child Pornography ViolationsRead the Press Release
BEAUMONT, Texas – A 45-year-old Beaumont, Texas man has been sentenced for child pornography violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Willie Lampley was found guilty on Aug. 22, 2018, of receipt of child pornography and possession of child pornography. Today, Lampley was sentenced to 210 months in federal prison on count one and 120 months on count two by U.S. District Judge Marcia A. Crone. Judge Crone ordered the sentences to run concurrently and also ordered Lampley to pay restitution in the amount of $18,000.
According to information presented in court, beginning in July 2017, Lampley began searching for and downloading child pornography using Peer-to-Peer file sharing networks. Lampley stored more than 300 videos and 100 images of children being sexually abused on the hard-drive of his computer. Some of the material depicted children as young as infants and toddlers. Lampley was convicted by a jury following a two-day trial in August.
This case was brought as 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 Beaumont Police Department and Homeland Security Investigations and prosecuted by Assistant U.S. Attorneys Russell E. James and Christopher T. Tortorice.
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Panola County Man Indicted on Federal Drug Trafficking, Obstruction ChargesRead the Press Release
BEAUMONT, Texas – A 29-year-old Carthage, Texas man has been indicted for federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Winfred Earl Ware, Jr. was indicted by a federal grand jury on Nov. 14, 2018, and charged with conspiracy to possess with intent to distribute methamphetamine, obstruction of due administration of justice, and tampering with a witness by misleading conduct. Ware appeared before U.S. Magistrate Judge Keith Giblin today for an initial appearance.
The indictment alleges that from 2014 through 2017, Ware conspired with others to possess with the intent to distribute 50 grams or more of methamphetamine. The indictment further alleges that between May and July 2018, Ware obstructed or influenced information regarding the administration of justice in his prior federal criminal case and knowingly engaged in misleading conduct with the intent to prevent the testimony of a witness in that case.
If convicted, Ware faces a minimum of 10 years and up to Life in federal prison.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, and the Panola County Sheriff’s Office, and prosecuted by Assistant U.S. Attorneys Paul Hable and Lauren Gaston.
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.
Houston Man Convicted of Federal Drug Trafficking and Money Laundering ChargesRead the Press Release
BEAUMONT, Texas – A 40-year-old Houston man has been convicted of drug trafficking and money laundering violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
John D. Leontaritis, owner and operator of Vanderhall Exotics of Houston, and former owner operator of Global Motorcars of Houston, car dealerships that specialize in exotic, luxury automobiles, was found guilty by a jury today following a six-day trial before U.S. District Judge Marcia A. Crone.
According to information presented in court, Leontaritis was indicted by a federal grand jury on Apr. 4, 2018, and charged with conspiracy to possess with intent to distribute and distribution of methamphetamine, as well as, conspiracy to commit money laundering, which were committed from 2013 to 2017 in both the Houston and Beaumont areas. As a result of this investigation, seven other members of the conspiracy have already pleaded guilty and been sentenced.
This case is the result of an extensive joint investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. 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, the Houston Police Department and the Internal Revenue Service-CI and prosecuted by Assistant U.S. Attorneys Michelle S. Englade and Michael Anderson.
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Four Red River County Men Indicted for Conspiring to Distribute MethamphetamineRead the Press Release
TEXARKANA, Texas – Four Red River County men have been indicted for conspiring to distribute methamphetamine in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Brian Bradley Beers, 47, of Avery, Texas; Kevin Wayne Guess, 45, of Annona, Texas; James Wayne Johnson, 30, of Kemp, Texas; and Billy Carl Webb, Jr., 51, of Clarksville, Texas, were named in an indictment returned by a federal grand jury on Nov. 14, 2018. Beers, Guess, and Webb were arrested on Nov. 30, 2018, in Red River County. Johnson was taken into federal custody on Nov. 19, 2018.
According to the indictment, in June and July of 2018, Beers, Guess, Webb, and Johnson conspired to possess with intent to distribute 50 grams or more of methamphetamine. Additionally, the indictment alleges that during that time, Johnson possessed 50 grams or more of methamphetamine with intent to distribute and that Beers, Guess, and Webb used communication facilities in facilitating the conspiracy.
If convicted, Beers, Guess, Johnson, and Webb face a minimum of ten years and as much as life in federal prison.
This case is being investigated by the Texas Department of Public Safety, the Red River County Sheriff’s Office, and the Mt. Pleasant Police Department. The case is being prosecuted by Assistant U.S. Attorney Jonathan R. Hornok.
Carrollton Man Indicted on Child Sexual Exploitation ViolationsRead the Press Release
PLANO, Texas – A 49-year-old Carrollton, Texas man has been indicted for child exploitation charges in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Joseph Patrick Mosher was named in an indictment returned by a federal grand jury on Nov. 15, 2018 charging him with sexual exploitation of a child. Mosher appeared before U.S. Magistrate Judge Kimberly Priest Johnson on Nov. 19, 2018 and was ordered to be detained until trial.
According to the indictment, in September of 2018, a teenager known to Mosher reported to school officials that he believed he had been secretly filmed in a bathroom of Mosher’s home. Carrollton Police Department detectives executed a search warrant at the home and seized a number of hidden cameras and electronic devices. A forensic review of those devices revealed a number of videos of males captured in private spaces within the home. It appeared that the males did not know they were being recorded or that Mosher had obtained footage of them engaged in private or personal activities.
If convicted, Mosher faces a minimum of 15 years and up to 30 years in federal prison.
Any minors who may have had contact with Joseph Patrick Mosher or visited his home are urged to contact the U.S. Attorney’s Office at 1-800-804-3547. The U.S. Attorney’s Office will take the necessary steps to protect all minors’ identities and confidential information.
This case is being prosecuted 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 is being investigated by Homeland Security Investigations and the Carrollton Police Department and is being prosecuted by Assistant U.S. Attorney Marisa J. Miller.
It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
Two Greek Shipping Companies Plead Guilty to Illegally Discharging Oil into Texas Port WatersRead the Press Release
Two Greek shipping companies, Avin International LTD, and Nicos I.V. Special Maritime Enterprises, pleaded guilty yesterday in federal court in Beaumont, Texas, to charges stemming from several discharges of oil into the waters of Texas ports by the oil tanker M/T Nicos I.V., announced Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division and United States Attorney Joseph D. Brown for the Eastern District of Texas.
Avin International was the operator and Nicos I.V. Special Maritime Enterprises was the owner of the Nicos I.V., which is a Greek-flagged vessel. The Master of the Nicos I.V., Rafail-Thomas Tsoumakos, and the vessel’s Chief Officer, Alexios Thomopoulos, also pleaded guilty to making material false statements to members of the United States Coast Guard during the investigation into the discharges.
Both companies pleaded guilty to one count of obstruction of an agency proceeding, as well as one count of failure to report discharge of oil under the Clean Water Act, and three counts of negligent discharge of oil under the Clean Water Act. Under the plea agreement, the companies will pay a $4 million criminal fine and serve a four-year term of probation, during which vessels operated by the companies will be required to implement an environmental compliance plan, including inspections by an independent auditor. Mr. Tsoumakos and Mr. Thomopoulos each pleaded guilty to one count of making a material false statement and face up to five years in prison when sentenced. A sentencing date has not been set.
“The international ports of Houston and Port Arthur are no one’s dumping ground,” said Assistant Attorney General Clark. “Vessel operators coming to the United States must not foul American waterways. Those who knowingly discharge their waste and lie to the Coast Guard to dodge their legal responsibilities under federal law are on notice that our investigators and prosecutors stand ready to hold them accountable.”
“We take the violation of our environmental protection laws seriously,” said U.S. Attorney Joseph D. Brown. “We expect shipping and oil companies to do the same. They can do terrible damage to our coastlines and wildlife, and we all have to make sure that does not happen.”
“The Coast Guard Investigative Service will continue to vigorously investigate and hold accountable individuals and corporations who illegally discharge pollutants into the marine environment,” said Brian Jeanfreau, Special Agent-In-Charge of the U.S. Coast Guard Investigative Service, Gulf Region.
According to documents filed in court, the Nicos I.V. was equipped with a segregated ballast system, a connected series of tanks used to control the trim and list of the vessel by taking on or discharging water, the latter involving an operation called deballasting. At some point prior to July 6, 2017, the ballast system of the Nicos I.V. became contaminated with oil and that oil was discharged twice from the vessel into the Port of Houston on July 6 and July 7, 2017, during deballasting operations. Both Tsoumakos and Thomopoulos were informed of the discharges of oil in the Port of Houston. Tsoumakos failed to report the discharges as required under the Clean Water Act. Neither discharge was recorded in the vessel’s oil record book, as required under MARPOL and the Act to Prevent Pollution from Ships.
After leaving the Port of Houston, en route to Port Arthur, Texas, the deck crew was instructed to open the ballast tanks, and oil was observed in several of the tanks. After arriving in Port Arthur, additional oil began bubbling up next to the vessel, causing a report to the U.S. Coast Guard. During the ensuing investigation, both Tsoumakos and Thomopoulos lied to the Coast Guard, stating, among other things, that they had not been aware of the oil in the ballast system until after the discharge in Port Arthur, and that they believed that the oil in the ballast tanks had entered them when the vessel took on ballast water in Port Arthur.
The case was investigated by the U.S. Coast Guard Investigative Service with assistance from the U.S. Coast Guard Sector MSU Port Arthur, which conducted the inspection of the ship. The prosecution was handled by Trial Attorney Lauren Steele of the Environmental Crimes Section of the U.S. Department of Justice and Assistant United States Attorney Joseph Batte of the Eastern District of Texas.
Two Greek Shipping Companies Plead Guilty to Illegally Discharging Oil into Texas Port WatersRead the Press Release
WASHINGTON – Two Greek shipping companies, Avin International LTD, and Nicos I.V. Special Maritime Enterprises, pleaded guilty yesterday in federal court in Beaumont, Texas, to charges stemming from several discharges of oil into the waters of Texas ports by the oil tanker M/T Nicos I.V., announced Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division and United States Attorney Joseph D. Brown for the Eastern District of Texas.
Avin International was the operator and Nicos I.V. Special Maritime Enterprises was the owner of the Nicos I.V., which is a Greek-flagged vessel. The Master of the Nicos I.V., Rafail-Thomas Tsoumakos, and the vessel’s Chief Officer, Alexios Thomopoulos, also pleaded guilty to making material false statements to members of the United States Coast Guard during the investigation into the discharges.
Both companies pleaded guilty to one count of obstruction of an agency proceeding, as well as one count of failure to report discharge of oil under the Clean Water Act, and three counts of negligent discharge of oil under the Clean Water Act. Under the plea agreement, the companies will pay a $4 million criminal fine and serve a four-year term of probation, during which vessels operated by the companies will be required to implement an environmental compliance plan, including inspections by an independent auditor. Mr. Tsoumakos and Mr. Thomopoulos each pleaded guilty to one count of making a material false statement and face up to five years in prison when sentenced. A sentencing date has not been set.
“The international ports of Houston and Port Arthur are no one’s dumping ground,” said Assistant Attorney General Clark. “Vessel operators coming to the United States must not foul American waterways. Those who knowingly discharge their waste and lie to the Coast Guard to dodge their legal responsibilities under federal law are on notice that our investigators and prosecutors stand ready to hold them accountable.”
“We take the violation of our environmental protection laws seriously,” said U.S. Attorney Joseph D. Brown. “We expect shipping and oil companies to do the same. They can do terrible damage to our coastlines and wildlife, and we all have to make sure that does not happen.”
“The Coast Guard Investigative Service will continue to vigorously investigate and hold accountable individuals and corporations who illegally discharge pollutants into the marine environment,” said Brian Jeanfreau, Special Agent-In-Charge of the U.S. Coast Guard Investigative Service, Gulf Region.
According to documents filed in court, the Nicos I.V. was equipped with a segregated ballast system, a connected series of tanks used to control the trim and list of the vessel by taking on or discharging water, the latter involving an operation called deballasting. At some point prior to July 6, 2017, the ballast system of the Nicos I.V. became contaminated with oil and that oil was discharged twice from the vessel into the Port of Houston on July 6 and July 7, 2017, during deballasting operations. Both Tsoumakos and Thomopoulos were informed of the discharges of oil in the Port of Houston. Tsoumakos failed to report the discharges as required under the Clean Water Act. Neither discharge was recorded in the vessel’s oil record book, as required under MARPOL and the Act to Prevent Pollution from Ships.
After leaving the Port of Houston, en route to Port Arthur, Texas, the deck crew was instructed to open the ballast tanks, and oil was observed in several of the tanks. After arriving in Port Arthur, additional oil began bubbling up next to the vessel, causing a report to the U.S. Coast Guard. During the ensuing investigation, both Tsoumakos and Thomopoulos lied to the Coast Guard, stating, among other things, that they had not been aware of the oil in the ballast system until after the discharge in Port Arthur, and that they believed that the oil in the ballast tanks had entered them when the vessel took on ballast water in Port Arthur.
The case was investigated by the U.S. Coast Guard Investigative Service with assistance from the U.S. Coast Guard Sector MSU Port Arthur, which conducted the inspection of the ship. The prosecution was handled by Trial Attorney Lauren Steele of the Environmental Crimes Section of the U.S. Department of Justice and Assistant United States Attorney Joseph Batte of the Eastern District of Texas.
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Fort Worth Man Guilty of Possessing Eastern Screech Owl in Eastern District of TexasRead the Press Release
TYLER, Texas – A 46-year-old Ft. Worth man has pleaded guilty to federal wildlife violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Jorge Fernando Mercado pleaded guilty to an Information charging him with unlawful possession of migratory birds today before U.S. Magistrate Judge John D. Love.
According to information presented in court, on Sep. 30, 2017 in Van Zandt County, Texas, Mercado, knowingly possessed, and then sold, a live Eastern Screech-Owl (Megascops asio) to another individual for $200.00. The Eastern Screech-Owl is a “migratory bird” which is protected by federal statute and international conventions. Mercado admitted that he knowingly possessed and sold the owl without a valid permit or authorization.
Under federal statutes, Mercado faces up to six months 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.
The owl was recovered and rehabilitated by U.S. Fish & Wildlife and has since been released back into the wild.
This case was investigated by Texas Parks and Wildlife and U.S. Fish and Wildlife Service and prosecuted by Assistant U.S. Attorney Jim Noble.
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Wood County Woman Sentenced for embezzling $1.8 million from California CompaniesRead the Press Release
TYLER, Texas – A 49-year-old, Hawkins, Texas, woman has been sentenced to federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Lina Su, also known as Lina Perkins, pleaded guilty on June 7, 2018, to two counts of wire fraud and one count of money laundering and was sentenced to 80 months in federal prison today by U.S. District Judge Thad Heartfield. Su was also ordered to pay restitution in the amount of $1,815,765.96.
Su, a naturalized citizen from Taiwan, was a financial controller splitting time between living in Hawkins, Texas and Los Angeles. According to information presented in court, in March of 2017, Su made several unauthorized wire transfers from VIG Furniture bank accounts into an account she controlled at City National Bank in Sulphur Springs, Texas. In 2015 and 2016, she also made unauthorized transfers from Airport Van Rental and ACE Medical Transport bank accounts into her personal checking account. In addition, Su used funds from those companies’ accounts to make personal credit card payments, purchase land for herself, and pay contractors constructing her home in Wood County, Texas. Altogether, Su embezzled and transferred over $1.8 million dollars from the California companies she was working for during the time period. Su was indicted by a federal grand jury on Dec. 13, 2017.
Su ultimately cooperated with investigators and entered into an Asset Preservation Agreement with the United States Attorney’s Office which required her to begin paying restitution to her victims by liquidating her assets and turning over those proceeds for restitution for the victims. As part of her plea agreement, Su agreed to forfeit all of her right, title and interest to real property and vehicles.
This case was investigated by the Internal Revenue Service-Criminal Investigation Division and prosecuted by Assistant U.S. Attorney Jim Noble with the assistance of Assistant U.S. Attorney Robert Wells.
Smith County Man Guilty of Multiple Firearms ViolationsRead the Press Release
TYLER, Texas – A 25-year-old Tyler, Texas man has been found guilty of federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Heon Jong Yoo, a/k/a “Hank Yoo,” was found guilty today of seven counts of false statements made in connection with firearms transactions and one count of unlawful possession by a prohibited person. The three-day jury trial occurred before U.S. District Judge Robert W. Schroeder, III.
According to information presented in court, Yoo was an undergraduate student at the University of Texas-Tyler. A lawful permanent resident from South Korea, Yoo falsely represented that he was a United States citizen with respect to seven different firearms transactions, some of which involved semiautomatic weapons. He did so after having been involuntarily committed to a mental institution in the state of New Jersey in 2013 and again in 2015. At the time of his arrest, Yoo was in possession of multiple firearms, ammunition, and firearms accessories. Yoo was indicted by a federal grand jury on Apr. 18, 2018.
“This case was a great example of federal, state, and local law enforcement working together to stop a threat that really could have had tragic results,” said U.S. Attorney Joseph D. Brown. “Yoo was becoming increasingly aggressive in his behavior, and there were multiple schools where people were extremely concerned about what he was going to do. In addition, he had weapons and a history of mental health problems. These situations often end badly, and it was good that law enforcement worked together to get him off the streets as soon as they did.”
Under federal statutes, Yoo faces a maximum of 5 years in federal prison for each false statement charge and up to 10 years on the unlawful possession count 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Federal Bureau of Investigation; the Texas Department of Public Safety-Texas Rangers Division; the Smith County Sheriff’s Office; the Tyler Police Department; and the University of Texas-Tyler Police Department. Assistance was also provided by the Department of Homeland Security, the Dallas Police Department, the Plano Police Department, the Prosper Police Department, the Collin College Police Department, the Dallas County Community College District Police Department, the Rutgers University Police Department, and the University of Connecticut Police Department. The case was prosecuted by Assistant U.S. Attorneys Frank Coan, Lucas Machicek, and Ryan Locker.
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Mexican Prosecutors visit Federal Prosecutors in Eastern District of TexasRead the Press Release
PLANO, Texas - U.S. Attorney Joseph D. Brown announced today that 20 Mexican prosecutors will be in the Eastern District of Texas this week observing and learning about the United States federal judicial system while visiting the U.S. Attorney’s Office and the federal courthouse in Plano. The visit is in coordination with the Department of Justice’s Office of Overseas Prosecutorial Development Assistance and Training (OPDAT) and reflects U.S. Attorney Brown’s commitment to help fight organized crime at its source.
“The fight against crime requires that prosecutors and law-enforcement on both sides of the border be able to reach across international lines,” said U.S. Attorney Joseph D. Brown. “We hope to improve relationships, share intelligence, and make sure we are firing on all cylinders as we work to keep the public safe.”
Established in 1991, OPDAT builds strong foreign partnerships that can work with the United States to enhance cooperation in transnational cases and to fight crime before it reaches our shores. OPDAT provides expert assistance to foreign counterparts to help develop justice systems that can effectively combat transnational crime, corruption, and terrorism in furtherance of United States national security. Drawing primarily upon federal prosecutors from the Department of Justice and United States Attorney’s Offices, as of April 2017, OPDAT had 58 Resident Legal Advisors and Intermittent Legal Advisors posted in 47 countries. In helping to keep Americans safe from violent crime, OPDAT works closely with components throughout the Department of Justice, and partners globally with the International Criminal Investigative Training Assistance Program and with federal law enforcement agencies, including ATF, DEA, FBI, and United States Marshals.
The United States and Mexico have identified key criminal activities that are linked to organized crime, such as narcotics trafficking, money laundering, public corruption, and human trafficking. These criminal activities endanger the security and prosperity of the United States and Mexico. Accordingly, the United States and Mexico are working to strengthen their cooperation to effectively combat these international criminal organizations.
In this regard, the United States and Mexico plan to develop and share strategies to effectively combat and dismantle organized criminal structures.. This includes:
- Streamlining the exchange of information in real time among investigative bodies by utilizing law enforcement channels of communication whenever possible;
- Prioritizing and collaborating in the interdiction of shipments of narcotics and its illicit proceeds;
- Engaging in investigative strategies, where possible, to more effectively dismantle transnational criminal organizations;
- Increasing the exchange of best practices to more effectively investigative and prosecute transnational criminal organizations; and
- Developing joint capacity building and training programs for public sector actors responsible for criminal investigations and prosecutions, with a particular focus on organized crime, narcotics trafficking, money laundering, asset forfeiture, and public corruption.
The Eastern District of Texas looks forward to welcoming these visiting prosecutors on Nov. 14-15, 2018 knowing that the visit will advance the goals of this collaborative effort between the United States and Mexico.
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- Streamlining the exchange of information in real time among investigative bodies by utilizing law enforcement channels of communication whenever possible;
East Texans Sentenced for Methamphetamine TraffickingRead the Press Release
TYLER, Texas – Two East Texas men have been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Keyonta Monquan Johnson, 24, of Reklaw, Texas, pleaded guilty on Mar. 22, 2018, to distribution of methamphetamine near a playground and was sentenced to 100 months in federal prison on Oct. 4, 2018, by U.S. District Judge Ron Clark.
Devante Lee Johnson, 26, of Jacksonville, Texas, pleaded guilty on May 22, 2018, to possession with intent to distribute methamphetamine on premises where children are present and was sentenced to 180 months in federal prison today by U.S. District Judge Thad Heartfield.
Both defendants were indicted by a federal grand jury on Oct. 18, 2017.
This case was prosecuted by Assistant U.S. Attorney Mary Ann Cozby and investigated by the Federal Bureau of Investigation, Cherokee County Sheriff's Office, Texas Department of Public Safety, and Jacksonville Police Department.
Red River Army Depot Contractor Guilty of Assaulting Police OfficerRead the Press Release
TEXARKANA, Texas – A 32-year-old Red River Army Depot contractor has pleaded guilty to assaulting a Red River Army Depot Police Officer in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Dontrell McChester, of Hooks, Texas, pleaded guilty to assault on a federal officer today before U.S. Magistrate Judge Caroline M. Craven.
According to information presented in court, on Sep. 11, 2018, McChester attempted to enter the Red River Army Depot in his vehicle when Red River Army Depot Police Officers at the main gate smelled the odor of marijuana coming from his vehicle. Officers directed McChester to exit the vehicle for further inspection. While officers were conducting that inspection, McChester ran from officers, re-entered the vehicle, and attempted to drive away. McChester began kicking an officer, who was struggling with him to stop the vehicle. While attempting to flee, McChester drove the vehicle in a manner that could have easily killed or seriously injured the officers at the scene. Officers were finally able to restrain McChester by using pepper spray. The assaulted officer received injuries and was also pepper sprayed during the altercation.
Under federal statutes, McChester 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.
This case was investigated by the Red River Army Depot Police Department and was prosecuted by Assistant U.S. Attorneys Jonathan R. Hornok and Allen Hurst and Special Assistant U.S. Attorney Ivor Jorgensen.
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Four Alleged Members of the Aryan Circle Gang Charged with Aggravated Assault in Aid of RacketeeringRead the Press Release
Four alleged members or associates of the Aryan Circle (AC) have been indicted and three arrested for their alleged roles in a Nov. 9, 2013 aggravated assault in Jefferson County, Missouri.
The indictments were announced by Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Jeffrey B. Jensen of the Eastern District of Missouri.
Thomas B. Wilson, 43, of Villa Ridge, Missouri; Daniel B. Jerome, 31, of Wentzville, Missouri; Thomas Tisher, 34, of St Louis, Missouri; and Dustin M. Haney, 28, of Hermann, Missouri are charged in an indictment, returned by a federal grand jury on Oct. 31, and unsealed today, with aggravated assault in aid of racketeering. Daniel B. Jerome remains at large.
“These four defendants are alleged to have brutally assaulted their victim in order to establish or maintain their own status in the Aryan Circle gang,” said Assistant Attorney General Benczkowski. “Gangs like the Aryan Circle threaten the safety and security of all Americans, and the Criminal Division will target and aggressively prosecute any individual who commits acts of violence on behalf of a gang.”
According to the indictment, the AC is a powerful race-based, multi-state organization that operates inside and outside of state and federal prisons throughout the United States, and particularly in Missouri, Texas, Oklahoma and Louisiana. The AC was established in the mid-1980s within the Texas prison system (TDCJ). Recently, the AC’s structure and influence expanded to rural and suburban areas throughout Missouri, Texas, and Louisiana. The AC emerged as an independent organization during a period of turmoil within the Aryan Brotherhood of Texas (ABT). The AC was relatively small in comparison to other prison-based gangs, but grew in stature and influence within TDCJ in the 1990s, largely through violent conflict with other gangs, white and non-white alike.
The indictment further alleges that the AC enforces its rules and promotes discipline among its members, prospects and associates through murder, attempted murder, assault, robbery and threats against those who violate the rules or pose a threat to the organization. Members, and often, associates, are required to follow the orders of higher-ranking members without question.
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 an Organized Crime Drug Enforcement Task Force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; Federal Bureau of Prisons; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; FBI; Texas Department of Public Safety; Houston Police Department-Gang Division; Texas Department of Criminal Justice; New Jersey Department of Corrections-Special Investigations Division; Arnold (MO) Police Department; Jefferson County (MO) Sheriff’s Department; St. Louis Metropolitan Police Department; St. Louis County (MO) Police Department; Montgomery County (TX) Precinct 1 Constable’s Office; Louisiana State Police; Indiana State Police; Indiana Department of Corrections; Carrollton (TX) Police Department; Waller (TX) Police Department; Montgomery County (TX) Sheriff’s Office; Travis County (TX) Sheriff’s Office and the Tarrant County (TX) Sheriff’s Office.
The case is being prosecuted by Trial Attorney David Karpel of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Angie Danis of the Eastern District of Missouri, in cooperation with the U.S. Attorney’s Office of the Western District of Louisiana and the U.S. Attorney’s Office of the Eastern District of Texas.
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Justice Department Protects Eastern District of Texas Election ProcessRead the Press Release
BEAUMONT, Texas – United States Attorney Joseph D. Brown announced today that Assistant United States Attorneys (AUSAs) have been appointed to lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election. AUSA Michelle Englade has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Texas, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Brown said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Brown said that in addition to AUSA/DEO Englade, AUSAs Allen Hurst and M. Andrew Stover will be on duty in the Eastern District of Texas while the polls are open. AUSA Englade can be reached by the public in Beaumont at 409-839-2538, AUSA Hurst can be reached in Tyler, Texas, at 903-590-1400, and AUSA Stover can be reached in Plano, Texas, at 972-509-1201.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The FBI can be reached by the public in the Eastern District of Texas at the following telephone numbers:
Beaumont – 409-832-8571
Frisco – 214-705-7000
Lufkin – 936-637-3834
Sherman – 903-892-8754
Texarkana – 870-773-3382
Tyler – 903-592-4301Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Brown said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
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Shelby County Man Arrested on Child Exploitation ChargesRead the Press Release
BEAUMONT, Texas — A 21-year-old Joaquin, Texas man has been arrested on child exploitation charges in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Alexander Nathan Barter was arrested on Friday, Oct. 19, 2018, in Joaquin, and appeared today in Beaumont before U.S. Magistrate Judge Keith Giblin for an initial appearance.
Barter has been charged in a federal complaint with attempted coercion and enticement and will return to court on Tuesday, Oct. 30, 2018 for detention and preliminary hearings.
This case is being prosecuted 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.
If convicted, Barter faces up to 20 years in federal prison.
This case is being investigated by Homeland Security Investigations in Lufkin, Beaumont, and Houston, Texas; Homeland Security Investigations Cocoa Beach, Florida, Child Exploitation Task Force; Brevard County Sheriff’s Office (Florida); Nacogdoches Police Department; Texas Department of Public Safety; Customs and Border Protection Air Units; and Shelby County Sheriff’s Office. This case is being prosecuted by Assistant U.S. Attorney Marisa Miller.
It is important to note that an arrest, indictment, or complaint should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
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Plano Man Sentenced to 7 Years for Firearms ViolationRead the Press Release
PLANO, Texas – A 70-year-old Plano, Texas man has been sentenced to federal prison for a firearms violation in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown.
Alfred Pick pleaded guilty on May 22, 2018, to a charge of possession of a firearm while an unlawful user of a controlled substance and was sentenced, pursuant to an agreement by all parties, to 87 months in federal prison on Oct. 17, 2018 by U.S. District Judge Marcia Crone.
According to information presented to the court, Plano police were called to an area hospital on Oct. 2, 2017, regarding a belligerent individual. Officers encountered Pick, who was upset about the treatment of a relative in the hospital, and had told medical staff and others, that he intended to return to the hospital with a firearm and “would shoot [hospital staff] in their kneecaps and elbows first and let them bleed.” Pick was taken into custody and delivered to mental health authorities for an evaluation.
As a result of the incident at the hospital, agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) opened an investigation that eventually received information that Pick possessed weapons and narcotics at his home. Agents obtained a search warrant and found over 2 grams of cocaine and over 10 grams of marijuana in Pick’s residence. Agents also discover 14 firearms at Pick’s residence, including a fully automatic machine gun with an obliterated serial number that witnesses later told investigators that Pick had admitted he stole while he served in the military.
The sentencing court also received information that Pick had repeatedly been cited for criminal trespass at various area hospitals for his aggressive behavior, involving both verbal and physical abuse of medical staff and impeding staff. The court also heard that police had been called on two prior occasions in 2014 to restaurant parking lots where patrons reported that Pick had been threatening and brandished handguns in encounters with him.
Additional information presented at sentencing revealed Pick’s daughter reported to investigators that Pick had sexually abused her from the time she was 4-years-old until the age of 17, taking nude photographs of her to, as he put it, “chart her growth” and sexually assaulting her.
Finally, the sentencing court received evidence that Pick threatened the Federal Magistrate Judge who detained him indicating he would fly his plane with explosives to kill the Judge and ATF agents who investigated his case. Pick also stated that he would “have taught the Las Vegas shooter a thing or two,” referring to the Oct. 1, 2017 mass shooting.
“Obviously, there was a lot more to the sentence that was received – a sentence that Mr. Pick and his lawyer agreed to – than a single gun with a missing serial number,” said U.S. Attorney Joseph D. Brown. “Although Mr. Pick was a decorated veteran, he would use that status routinely to try to excuse his repeated criminal behavior. This was also not a mental health issue. It became a public safety issue.”
“The people concerned for Mr. Pick’s safety when he honorably served our nation were the same people most-concerned for his and the public’s safety throughout our investigation,” stated ATF Special Agent in Charge Jeffrey C. Boshek II. “I applaud those that recognized and reported Mr. Pick’s abuse of controlled substances, amplified threats and intensified displays of physical and psychological aggression as well as the decisive action of the ATF Agents.”
In addition to the charge for which he was convicted, Pick was originally charged with two other violations – possession of an unregistered firearm and possession of a firearm with an obliterated serial number. As part of Pick’s agreement to plead guilty and agreement as to the term of his sentence, these charges were dismissed.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant U.S. Attorney Tracey Batson.
Prison Employee Guilty of Federal ViolationsRead the Press Release
BEAUMONT, Texas – A 39-year-old Beaumont, Texas woman has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Charleas Artesha Wilkerson pleaded guilty to charges of public official accepting a bribe today before U.S. Magistrate Judge Keith F. Giblin.
According to information presented in court, in April 2018, while serving in her official capacity as an employee of the Bureau of Prisons, Wilkerson agreed to accept $1,000 in exchange for smuggling suboxone and cell phones to a federal inmate housed at the U.S. Penitentiary in Beaumont, Texas. Federal agents observed Wilkerson retrieve money associated with the smuggling of contraband items. Wilkerson was later arrested as she retrieved a box that she believed to have contained the contraband items. Wilkerson was indicted by a federal grand jury on July 12, 2018.
Under federal statutes, Wilkerson faces up to 15 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 being investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Russell E. James.
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Collin County Man Sentenced for Mortgage Fraud SchemeRead the Press Release
PLANO, Texas – A 50-year-old Plano, Texas man has been sentenced to federal prison for violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
James Gerard Temme pleaded guilty on Oct. 11, 2017, to wire fraud and was sentenced to 78 months in federal prison on Oct. 16, 2018 by U.S. District Judge Marcia A. Crone. Temme was also ordered to pay restitution in the amount of $2,933,667.48.
According to information presented in court, in 2011, Temme engaged in wire fraud by inducing individuals to invest in a package of mortgages, misrepresenting that he had the ability to sell the package to the investors. Temme provided a forged signature to induce the investment, eventually receiving over $3 million from the investors, when in fact he never actually sold the package of mortgages to the investors. Temme was indicted by a federal grand jury on Sep. 21, 2016 and charged with federal violations.
“White collar theft often hurts victims just as much as thefts that happen with a gun,” said U.S. Attorney Joseph D. Brown. “This was a lot of money. I am proud of the FBI investigators for pursuing it aggressively, and a prison sentence was wholly justified in this case.”
“Mr. Temme, knowingly acted in an unscrupulous and reckless manner to entice many innocent people into making investments that were unsound,” said Eric K. Jackson, FBI Special Agent in Charge of the Dallas Division. “Economic fraud is becoming common place, but we will continue to target the offenders and bring the appropriate charges, while protecting the citizens’ rights to fair and trustworthy services.”
This case was investigated by the Federal Bureau of Investigation and prosecuted by the U.S. Attorney’s Office for the Eastern District of Texas.
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Beaumont Residents Guilty in Violent Crime SpreeRead the Press Release
BEAUMONT, Texas – The final defendant in a Jefferson County violent crime spree has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Darrion Tyrell Kimble, 19, pleaded guilty to Hobbs Act robbery, attempted Hobbs Act robbery and brandishing a firearm in relation to a crime of violence. Kimble appeared before U.S. Magistrate Judge Keith Giblin today for his plea hearing.
Tavori Terrell Jackson, 19, pleaded guilty on Oct. 16, 2018, to two counts of Hobbs Act robbery, attempted Hobbs Act robbery, and discharging a firearm during a crime of violence.
Damien Earl Kimble, 35, pleaded guilty on Aug. 21, 2018, to Hobbs Act conspiracy.
Kamren Terezz Lewis, 19, pleaded guilty on Oct. 10, 2018, to attempted Hobbs Act robbery and Hobbs Act robbery.
According to information presented in court, on July 29, 2017, Jackson, and Darrion Kimble robbed Fertitta's Finer Foods, in Beaumont. Both Jackson and Kimble brandished firearms, with Jackson jumping over the clerk’s counter and demanding money. Later that day, Jackson and Kimble attempted to rob a game room located in Beaumont, but were deterred and fled when a security guard fired three rounds at them. Both Kimble and Jackson brandished firearms during the course of those robberies. In early March 2018, Jackson and Kimble resurfaced, and with the assistance of Lewis and Damien Kimble, attempted to rob a game room in Port Arthur, Texas. During the robbery, Jackson and Lewis, entered the game room and demanded money. In an effort to intimidate patrons and employees of the game room, Jackson fired two rounds into the floor of the game room as Lewis stood as a lookout. Darrion Kimble served as the group’s get-away driver. Later that same day Jackson, Darrion Kimble, Damien Kimble, and Lewis robbed a Dollar General store in Beaumont, Texas. During this robbery, Jackson and Lewis entered the store, with Lewis standing near the door as lookout. Jackson jumped over the counter, brandished a firearm, and demanded money. After his demands were met, Jackson and Lewis fled in different vehicles driven by Damien Kimble and Darrion Kimble. During the investigation it was discovered that on July 26, 2017, Jackson robbed the Sunshine Grocery located in Port Arthur. Jackson brandished a firearm during that robbery.
The Hobbs Act prohibits actual or attempted robbery that has a substantial effect on interstate and foreign commerce by reason of their repetition and aggregate effect on the economy. Under federal statutes, the defendants each face up to 20 years for each robbery violation and a minimum of seven additional years for each firearms violation. 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. Sentencing hearings 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, the Beaumont Police Department, and the Port Arthur Police Department. This case is being prosecuted by Assistant U.S. Attorneys Russell E. James and John B. Ross.
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Federal Prison Employee Sentenced for Defrauding Inmate FamiliesRead the Press Release
BEAUMONT, Texas – A 43-year-old Beaumont, Texas woman has been sentenced for her part in a conspiracy targeting federal inmates and their families in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Tanya L. Richard pleaded guilty on June 14, 2018, to conspiracy to commit wire fraud today and was sentenced to 24 months in federal prison today by U.S. District Judge Marcia Crone. Richard was also ordered to pay restitution in the amount of $166,250.
According to information presented in court, while employed as an administrative employee of the Federal Correctional Complex in Beaumont, Richard was involved in a wide-spread fraud scheme targeting the families of federal inmates. Six persons, some of whom were former federal inmates, pleaded guilty to a similar charge last year in the same scheme and are currently serving federal prison sentences for their involvement. The nationwide, six-year scheme defrauded the relatives of federal inmates by falsely representing that they could obtain reductions in their relatives’ sentences in exchange for the payment of cash and wire transfers of funds. The payments were falsely represented to be for the payment for a network of confidential informants who would make undercover drug transactions under the direction of the courts and prosecutors which would allow the incarcerated inmates to ask the court for reductions of sentences for providing substantial assistance to the government under the Federal Rules of Criminal Procedure. In reality, the money was spent for the personal benefit of the defendants and there was never any network of informants or undercover transactions. Federal inmates do not have to pay for substantial assistance motions for reductions of sentences which normally only require information to be provided by such inmates against co-defendants as well as trial testimony.
Richard’s role in the scheme included obtaining confidential information from federal court presentence reports of inmates and drafting false cooperation agreements for inmate families that appeared to be from federal prosecutors and U.S. Attorneys. Richard is a former common-law spouse of Alvin James Warrick who pleaded guilty to a similar charge in the scheme last year. The scheme resulted in losses to inmate families from across the nation of over $4 million dollars. Richard was placed on administrative leave from her position at the federal prison after her indictment in April 2018.
“This kind of fraud threatens the public’s trust in the justice system,” said U.S. Attorney Joseph D. Brown. “The defendant targeted individuals and families who were vulnerable, and violated the trust that had been placed in her as a public servant. It was important that there be a real consequence for that.”
“Defendant misled federal inmates and their family members about the sentencing reduction process, and defrauded these victims of millions of dollars. Our office is committed to protecting the integrity of the criminal justice system and will work tirelessly to investigate these types of schemes,” said Monte A. Cason, Special Agent in Charge of the U.S. Department of Justice Office of the Inspector General’s Dallas Field Division.
“Ms. Richard used her position at the U.S. Bureau of Prisons for personal monetary gain, and is now being held accountable for her actions. The FBI's mission is to protect the civil rights of all individuals. Included under that protection are individuals who have been incarcerated and their families. After a thorough and deliberate investigation, the FBI Beaumont Resident Agency partnered with the U.S. Attorney's Office of the Eastern District of Texas to ensure a sobering punishment was delivered," said Senior Supervisory Resident Agent Minique Crump of the Beaumont FBI Resident Agency.
This case was investigated by the Federal Bureau of Investigation; Department of Justice, Office of the Inspector General; U.S. Marshals Service; Houston Police Department-Major Offenders Division; U.S. Attorney’s Offices in the Eastern District of Texas and Southern District of Florida. This case was prosecuted by Assistant U.S. Attorney Robert L. Rawls.
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Collin County Physician and Registered Nurse Convicted in Pill Mill SchemeRead the Press Release
PLANO, Texas – A 64-year-old former physician and 60-year-old registered nurse have been convicted of drug trafficking charges in the Eastern District of Texas, announced U.S. Attorney Joe Brown today.
Tad W. Taylor and his wife, Chia Jean Lee, also known as Chia Jean Lee-Taylor, of Plano, were found guilty by a jury on Oct. 10, 2018, of conspiracy to distribute and dispense Oxycodone, Amphetamine Salts (Adderall), Hydrocodone, Alprazolam (Xanax) and Promethazine with Codeine. The jury reached a guilty verdict following a seven-day trial before U.S. District Judge Marcia Crone.
According information presented at trial, during 2010 through 2012, Taylor and Lee owned and operated Taylor Texas Medicine, a medical clinic in Richardson, Texas. The defendants were convicted of conspiring to distribute large quantities of the above five drugs at their clinic to people that had no legitimate medical need. Taylor and Lee were indicted by a federal grand jury on Jan. 18, 2017 and charged with conspiracy to distribute, dispense, and possess with intent to distribute and dispense controlled substances.
“Doctors have a legal obligation to prescribe medication only for legitimate medical purposes,” said U.S. Attorney Joseph D. Brown. “Too often, doctors prescribe to serve their own financial interests. When those prescriptions involve opioid medication, that is dangerous and has contributed to the addiction problems that have plagued our country. Doctors need to realize that their prescriptions are being watched.”
As a result of their conviction, Taylor and Lee will forfeit $450,000.00 and all right, title and interest to any medical or nursing license or certifications. Under federal statutes, Taylor and Lee each face a maximum of 20 years in federal prison for each charge 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 U.S. Drug Enforcement Administration and prosecuted by Assistant U.S. Attorneys Stevan Buys and Jonathan R. Hornok in the Eastern District of Texas.
Grayson County Physician Guilty of Federal Drug ChargesRead the Press Release
SHERMAN, Texas – A 57-year-old Sherman, Texas doctor has pleaded guilty to federal drug distribution and fraud violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Howard Gregg Diamond pleaded guilty to conspiracy to possess with intent to distribute controlled substances and health care fraud and aiding and abetting today before U.S. Magistrate Judge Christine Nowak.
According to information presented in court, beginning in 2010, Diamond wrote prescriptions for substances such as hydrocodone, oxymorphine, methadone, fentanyl, morphine, oxycodone, alprazolam, and zolpidem, without a legitimate medical purpose. Specifically, on July 15, 2014, Diamond distributed or dispensed morphine, oxycodone, alprazolam and zolpidem to an individual that resulted in that individual’s death on July 25, 2014. Additionally, Diamond had a claim for reimbursement for services submitted to Medicare claiming he treated a Medicare patient on Sep. 29, 2015, although he was in another state at that time. Diamond was indicted by a federal grand jury on July 6, 2017.
"Physicians like Dr. Diamond have been fueling the opioid crisis in this country," said U.S. Attorney Joseph D. Brown. "The number of pills that he was putting out on the street was shocking. And in this case, death was linked to those pills. Undoubtedly, others' addictions were worsened, and families suffered as a result. To reduce the impact of opioids, doctors have to take their obligations seriously, and if they don't, there will be more prosecutions like this."
This case is being prosecuted under the Organized Crime Drug Enforcement Task Force (OCDETF) as a joint investigation. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, weapons trafficking offenders, money laundering organizations, and those individuals responsible for the nation’s illegal drug supply.
At the plea hearing, Diamond agreed to a sentence of 20 years in federal prison, waived his right to appeal and forfeited his DEA registration number. 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, Department of Health and Human Services, Internal Revenue Service, the Federal Bureau of Investigation, the Sherman Police Department, the Ellis County Sheriff’s Office, and the Texas Office of the Attorney General. This case is being prosecuted by Assistant U.S. Attorneys Heather Rattan and Maureen Smith.
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Texas Pilot Sentenced for Wire Fraud and Arson ConspiraciesRead the Press Release
TYLER, Texas – A 33-year-old pilot, formerly of Kemah, Texas, has been sentenced to federal prison for violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Theodore Robert Wright, III, pleaded guilty on Dec. 7, 2017, to conspiracy to commit wire fraud and conspiracy to commit arson and was sentenced to 65 months in federal prison today by U.S. District Judge Ron Clark. Wright was also ordered to pay restitution in the amount of $988,544.83.
According to information presented in court, Wright led a multi-jurisdictional fraud and arson scheme that spanned from Hawaii to the Gulf of Mexico and involved the destruction of various luxury goods, including vehicles, aircraft, and vessels. Wright and his co-conspirators, Shane Gordon, 46, and Raymond Fosdick, 42, both of Houston, and Edward Delima, 42, of Honolulu, Hawaii, acquired luxury goods and obtained insurance coverage for those goods in amounts exceeding their purchase prices. Wright and his co-conspirators then devised and carried out schemes to destroy those goods and defraud insurance companies.
The various assets destroyed in the scheme included a 1966 Beechcraft Baron, a 2008 Lamborghini Gallardo, a 1971 Cessna 500, and a 1998 Hunter Passage. The Beechcraft Baron made an emergency landing in the Gulf of Mexico, sank in deep water, and was not recovered. The Lamborghini Gallardo crashed into a ditch full of water, causing the vehicle to flood. The Cessna 500 was completely destroyed when Fosdick set it on fire at Wright’s direction at an airport in Athens, Texas. The Hunter Passage sank in a marina in Hawaii. Fraudulent insurance claims were filed in relation to each of these incidents. Wright and his co-defendants also filed a fraudulent $1 million personal injury lawsuit related to the crash in the Gulf of Mexico. The suit was settled for $100,000.
On May 17, 2017, Wright, Gordon, Fosdick, and Delima were charged with various offenses related to their conduct in the scheme in the Eastern District of Texas. Wright’s co-conspirators have all pleaded guilty. Delima pleaded guilty to conspiring to commit wire fraud and was sentenced to a five-year term of probation. Fosdick pleaded guilty to conspiring to commit wire fraud and conspiring to commit arson and on Jan. 24, 2018, was sentenced to 39 months in federal prison. Gordon pleaded guilty to making false statements to a federal agent and was sentenced to 24 months in federal prison today and ordered to pay restitution in the amount of $440,000.
“This kind of fraud causes everyone to pay higher insurance rates,” said U.S. Attorney Joseph D. Brown. “Just having those nice things destroyed is a shame. And for someone to cheat and make money off of it is particularly troubling.”
“Fraud victimizes businesses and costs Americans billions of dollars every year,” said ATF Special Agent in Charge Jeffrey C. Boshek II. “The deception carried out by Mr. Wright is particularly alarming due to the callous use of arson and staged emergencies which have the potential to place the public and first responders in danger.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the FAA Law Enforcement Assistance Program, the Texas Department of Insurance, and the National Insurance Crime Bureau. It was prosecuted by Assistant U.S. Attorneys Nathaniel C. Kummerfeld and L. Frank Coan, Jr. with the assistance of Assistant U.S. Attorney Robert Wells.
Bowie County Felon Guilty of Firearms ViolationsRead the Press Release
TEXARKANA, Texas – A 79-year-old Hooks, Texas, man has pleaded guilty to federal firearms violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Robert D. Whittington, III, a retired Lt. Colonel with the U.S. Army, pleaded guilty to being a felon in possession of a firearm and felon in possession of ammunition today before U.S. Magistrate Judge Caroline Craven.
According to information presented in court, on Mar. 7, 2018, federal agents executed a search warrant at Whittington’s residence on Avenue D in Hooks, Texas. During the search, officers discovered 119 firearms and over 19,000 rounds of ammunition. Whittington was convicted of terrorizing on Jan. 3, 2011 in Bossier Parish, LA, and as a convicted felon is prohibited from owning or possessing firearms or ammunition. Whittington was indicted by a federal grand jury in the Eastern District of Texas on May 16, 2018.
Under federal statutes, Whittington 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 being 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 was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Bossier Parish Sheriff’s Office and prosecuted by Assistant U.S. Attorney Jim Noble.
Jefferson County Brothers Indicted in Connection with Convenience Store Clerk ShootingRead the Press Release
BEAUMONT, Texas – Two Beaumont brothers have been indicted on federal violations in connection with a shooting in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Brandon Oneal Dodd, 33, was indicted by a federal grand jury on Oct. 3, 2018, and charged with conspiracy to commit a Hobbs Act robbery, attempted Hobbs Act robbery, and aiding and abetting the discharge of a firearm during a crime of violence.
Darryl James Dodd, 36, was indicted and charged with being a felon in possession with a firearm.
According to information presented in court, on Aug. 25, 2018, Brandon Dodd and two co-conspirators approached the Valero Fuel Mart located at 1481 IH-10 East in Beaumont with intentions of robbing it. The men found an employee of the convenience store in the parking lot near his car and forced him back into the store at gunpoint. One of the men jumped on the counter, pointed a gun at the store clerk and demanded money. The clerk resisted and was shot in the chest as the three men fled the scene. Although it is not believed Darryl Dodd was present during the shooting, it was revealed during the investigation that Darryl Dodd, a convicted felon, had possessed the firearm that was used in the attempted robbery.
If convicted, Brandon Dodd faces up to 20 years in federal prison. Darryl Dodd faces up to 10 years in federal prison.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Beaumont Police Department, and the Jefferson County District Attorney’s Office and prosecuted by Assistant U.S. Attorney Russell E. James.
It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
Salvadoran National Guilty of making False Statement in Passport ApplicationRead the Press Release
BEAUMONT, Texas –A 57-year-old Salvadoran national has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Mario Obdulio Orellana, a resident of Shelby County, Texas, pleaded guilty on Sep. 19, 2018, to making a false statement in application for passport before U.S. Magistrate Judge Zack Hawthorn.
According to information presented in court, on Oct. 6, 2017, Orellana made a false statement in an application for a United States passport by claiming to be a United States citizen.
Under the federal statute, Orellana 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 being investigated by the U.S. Department of State, Bureau of Diplomatic Security and prosecuted by Assistant U.S. Attorney Lauren Gaston.
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Mexican National Sentenced for East Texas Drug TraffickingRead the Press Release
MARSHALL, Texas - A 20-year-old Mexican national has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Benigno Guzman Ortiz pleaded guilty on May 21, 2018, to possession with intent to distribute more than 500 grams of methamphetamine and was sentenced to 58 months in federal prison by U.S. District Judge Rodney Gilstrap.
According to information presented in court, on Sep. 29, 2017, Ortiz was stopped for a traffic violation in Cass County, Texas. During the stop, law enforcement officers requested consent to search the van Ortiz was driving. Ortiz gave consent and the search revealed 15 bundles of methamphetamine concealed within the rear hatch of the van. Ortiz was arrested and admitted that he had been recruited to drive the van containing methamphetamine from Houston to Texarkana, Arkansas. Ortiz was indicted by a federal grand jury on Oct. 18, 2017, and charged with drug trafficking violations.
This case was investigated by the Texas Department of Public Safety Highway Patrol and Criminal Investigations Division and prosecuted by Assistant U.S. Attorney Jim Noble.
Texas Parole Officer Guilty of Federal ViolationsRead the Press Release
BEAUMONT, Texas – A 33-year-old Beaumont, Texas woman has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Ashley Haley pleaded guilty to an Information charging her with conspiracy to commit extortion under color of official right today before U.S. Magistrate Judge Keith F. Giblin.
According to information presented in court, since April 12, 2010, Haley was employed as a parole officer with the Texas Department of Criminal Justice out of the Beaumont office. Haley’s job duties included supervising parolees who were released from prison. Mandatory conditions of parole for parolees include not using any illegal narcotics, not violating any laws, and submitting to random urinalyses. Haley had access to confidential lists of parolees who would be subject to random urinalyses and provided a parolee the confidential urinalyses lists. In conducting samples for the random urinalyses, Haley also allowed persons other than parolees to submit urine samples for testing. In exchange, Haley received monthly cash payments and other items, such as automobile tires, from parolees
“We place special trust in parole officers and it weakens the entire criminal justice system when one is corrupt,” said U.S. Attorney Joseph D. Brown. “We will prosecute any public official who abuses that trust placed in them.”
Under federal statutes, Haley 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.
This case is being investigated by the Texas Department of Criminal Justice-OIG, Beaumont Police Department, U.S. Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case is being prosecuted by Assistant U.S. Attorney Christopher T. Rapp.
Tarrant County Man Guilty in East Texas Armed Bank RobberiesRead the Press Release
PLANO, Texas – A 58-year-old Fort Worth, Texas man has been found guilty of federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Wayne Alan Watson was found guilty of three counts of armed bank robbery today by a jury following a three-day trial before U.S. District Judge Marcia A. Crone.
According to information presented in court, Watson robbed three credit unions in the Eastern District of Texas: the City Credit Union located in Gainesville, Texas, on Oct. 16, 2017; the Altra Federal Credit Union located in Tyler, Texas, on Dec. 1, 2017; and the Texoma Educators Federal Credit Union in Denison, Texas, on Dec. 19, 2017. In each of the robberies, Watson displayed a gun and by force, violence, and intimidation robbed employees of the credit unions of currency. Additional robberies linked to Watson in Austin, Texas, and Wichita Falls, Texas, which occurred in January of 2018, led to his identification as the serial robber. A search warrant was executed at Watson’s residence in Fort Worth on Feb. 13, 2018, where the vehicle used in two of the robberies, a 2015 red Volkswagen Jetta, was located, in addition to several articles of clothing Watson wore in each of the robberies. Watson was indicted by a federal grand jury on Mar. 14, 2018 and charged in the Eastern District of Texas with federal violations.
Under federal statutes, Watson faces a maximum of 20 years in federal prison for each charge 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, the Texas Department of Public Safety-Texas Rangers Division, Gainesville Police Department, Tyler Police Department, Denison Police Department, Austin Police Department, and the Wichita Falls Police Department. The case was prosecuted by Assistant U.S. Attorneys Lesley Davis Brooks and Maureen Smith.
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Collin County Man Sentenced for Treasury Check TheftRead the Press Release
SHERMAN, Texas – A 46-year-old Richardson, Texas, man has been sentenced to federal prison for violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Christopher Anekwe pleaded guilty on Dec. 11, 2017 to the sale of stolen treasury checks, theft of government property, and aggravated identity theft and was sentenced to 60 months in federal prison on Sep. 11, 2018 by U.S. District Judge Amos Mazzant. Anekwe was also ordered to pay restitution in the amount of $141,469.
According to information presented in court, Anekwe participated in a scheme using stolen personal identifying information to file false and fraudulent IRS tax returns, causing the government to issue refund checks based on the fraudulent information. On July 30, 2013, an associate of Anekwe sold three checks, which had been obtained from Anekwe. A federal grand jury returned an indictment on July 13, 2016, charging Anekwe with federal violations.
"The U.S. Attorney's Office and Internal Revenue Service-Criminal Investigation take seriously the crimes of theft of government funds, tax return fraud, and identity theft,” said U.S. Attorney Joseph D. Brown. “Each year millions of individuals are affected by this crime, and many millions of dollars are stolen from the federal treasury by criminals using the identifying information of innocent citizens, who are then affected by this crime as well. This office will continue to coordinate with law enforcement agencies including the IRS, in spearheading the investigation and prosecution of these crimes."
“The defendant who perpetrated this scheme defrauded the government and the taxpaying public,” said Kevin Caramucci, IRS Assistant Special Agent in Charge of the Dallas Field Office. “Stealing identities is a serious crime that hurts innocent taxpayers. Today’s sentence should serve as a strong warning to those individuals who seek to willfully defraud the United States Treasury and blatantly disregard the victims of their schemes.”
This case was investigated by the Internal Revenue Service-Criminal Investigation and was prosecuted by Assistant U.S. Attorney Tom Gibson.
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Mexican National Brothers Guilty of Trafficking Firearms in Southeast TexasRead the Press Release
BEAUMONT, Texas – A pair of Mexican national brothers have pleaded guilty to firearms charges in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Julio Ceasar Martinez-Rivas, 43, pleaded guilty to conspiracy to traffic firearms today before U.S. Magistrate Judge Zack Hawthorn. His brother, 31-year-old Eric Martinez-Rivas, pleaded guilty to the same charge on Sep. 5, 2018.
According to information presented in court, between March 2014 and March 2015, the brothers operated a firearms trafficking organization from their apartment in Houston, using money from Mexico to smuggle firearms from the United States to Mexico. To acquire firearms, the Martinez-Rivas brothers recruited co-conspirators from the Houston-area and used electronic money transfers from co-conspirators in Irapuato, Guanajuato, Mexico, to fund the scheme. The brothers arranged for electronic money transfers to be sent directly to the co-conspirators in the Houston area, who in turn used the money to purchase high caliber firearms from licensed and unlicensed firearms dealers in the Eastern District of Texas and elsewhere in the United States.
On June 17, 2015, the Martinez-Rivas brothers and five others were indicted by a federal grand jury in the Eastern District of Texas and charged with conspiracy to traffic firearms. The five co-conspirators have previously pleaded guilty and are serving federal prison sentences.
Under federal statutes, the defendants each face up to five 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. Sentencing hearings will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Homeland Security–ICE, and the Houston Police Department. This case is being prosecuted by Assistant U.S. Attorneys John B. Ross and Randall L. Fluke.
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Mexican National Indicted in Southeast Texas KidnappingRead the Press Release
BEAUMONT, Texas – A 21-year-old Mexican national living in Liberty, Texas, has been indicted and charged with federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Juan Carlos Saucedo-Meza was indicted by a federal grand jury today and charged with kidnapping.
According to information presented in court, beginning on Aug. 24, to Aug. 25, 2018, Saucedo-Meza is alleged to have kidnapped a woman from Liberty, Texas and transported her to Lake Charles, LA, against her will. In connection with this incident, Saucedo-Meza is facing charges of aggravated sexual assault and aggravated kidnapping in Jefferson County, Texas; aggravated kidnapping in Liberty County, Texas; and 2nd degree kidnapping in Calcasieu Parish, Louisiana.
If convicted, Saucedo-Meza faces up to life in federal prison.
This case is being investigated by the Jefferson County Sheriff’s Office, the Liberty County Sheriff’s Office, the Lake Charles Police Department, and the Jefferson County District Attorney’s Office. This case is being prosecuted by Assistant U.S. Attorney Christopher T. Tortorice.
It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
Ambulance Company and its Municipal Clients Agree to Pay over $21 MillionRead the Press Release
PLANO, Texas – Seven ambulance industry defendants have agreed to pay the government a total of over $21 million to settle a False Claims Act lawsuit alleging that they knowingly submitted claims to the Medicare and Medicaid programs that violated the Anti‑Kickback Statute, announced Eastern District of Texas U.S. Attorney Joseph D. Brown today.
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 Anti-Kickback Statute is 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 brought in a whistleblower action filed under the False Claims Act in the U.S. District Court for the Eastern District of Texas by Stephen Dean. Dr. Dean alleged that East Texas Medical Center Regional Healthcare System, Inc. and East Texas Medical Center Regional Health Services, Inc. (together, “the ETMC Defendants”), and their affiliated ambulance company, Paramedics Plus, LLC (“Paramedics Plus”), offered kickbacks to several municipal entities to secure their lucrative ambulance business, including Emergency Medical Services Authority (“EMSA”), Alameda County, California, and Pinellas County Emergency Medical Services Authority in Florida (“Pinellas EMSA”). The False Claims Act authorizes private parties to file suit for false claims on behalf of the United States, and permits the United States to intervene in such suits, as it did here in part.
Prior to intervening in Dr. Dean’s lawsuit, the United States settled with Alameda County and Pinellas EMSA. Alameda County agreed to pay the government $50,000, and Pinellas EMSA agreed to pay the United States $66,000, plus an additional $5,200 to the State of Florida. After filing suit against the ETMC Defendants, Paramedics Plus, EMSA, and its former president and CEO, Herbert Stephen Williamson, the United States settled with the ETMC Defendants and Paramedics Plus for $20.649 million and EMSA for $300,000. Williamson agreed to pay the United States and the State of Oklahoma $80,000. The latter two settlements were based on the defendants’ ability to pay.
“The United States’ efforts in this case ended abusive practices in the ambulance industry,” said Acting Assistant Attorney General Chad A. Readler, for the Justice Department’s Civil Division. “These settlements demonstrate our commitment to ensuring that health care decisions are made based on patient needs, not a health care provider’s financial interests.”
“Paramedics Plus paid millions of dollars in illegal inducements over the course of a number of years,” said U.S. Attorney Joseph D. Brown. “Williamson allegedly received gifts and also directed Paramedics Plus to make political contributions to local Oklahoma politicians, which EMSA could not do on its own. Sophisticated health care companies do not simply give away millions of dollars to referral sources without expecting something in exchange. Quid pro quo arrangements for the referral of health care business are illegal.”
The matters alleged in Dr. Dean’s action were investigated by the U.S. Attorney’s Office for the Eastern District of Texas, the Civil Division of the U.S. Department of Justice, the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), and the states of California, Florida, Indiana, and Oklahoma. Assistant U.S. Attorneys James Gillingham and Joshua Russ as well as Department of Justice Trial Attorney Claire Norsetter primarily handled the matter for the United States.
The False Claims Act claims resolved by this settlement are allegations only and there has been no determination of liability. The case is captioned United States ex rel. Dean v. Paramedics Plus, LLC, et al., 4:14-CV-203. Dr. Dean will receive over $4.9 million as his share of the settlements.
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Ambulance Company and its Municipal Clients Agree to Pay over $21 Million to Settle Allegations of Unlawful Kickbacks and Improper Financial RelationshipsRead the Press Release
Seven ambulance industry defendants have agreed to pay the government a total of over $21 million to settle a False Claims Act lawsuit alleging that they knowingly submitted claims to the Medicare and Medicaid programs that violated the Anti‑Kickback Statute, the Justice Department announced today.
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 Anti-Kickback Statute is 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 brought in a whistleblower action filed under the False Claims Act in the U.S. District Court for the Eastern District of Texas by Stephen Dean. Dr. Dean alleged that East Texas Medical Center Regional Healthcare System, Inc. and East Texas Medical Center Regional Health Services, Inc. (together, “the ETMC Defendants”), and their affiliated ambulance company, Paramedics Plus, LLC (“Paramedics Plus”), offered kickbacks to several municipal entities to secure their lucrative ambulance business, including Emergency Medical Services Authority (“EMSA”), Alameda County, California, and Pinellas County Emergency Medical Services Authority in Florida (“Pinellas EMSA”). The False Claims Act authorizes private parties to file suit for false claims on behalf of the United States, and permits the United States to intervene in such suits, as it did here in part.
Prior to intervening in Dr. Dean’s lawsuit, the United States settled with Alameda County and Pinellas EMSA. Alameda County agreed to pay the government $50,000, and Pinellas EMSA agreed to pay the United States $66,000, plus an additional $5,200 to the State of Florida. After filing suit against the ETMC Defendants, Paramedics Plus, EMSA, and its former president and CEO, Herbert Stephen Williamson, the United States settled with the ETMC Defendants and Paramedics Plus for $20.649 million and EMSA for $300,000. Williamson agreed to pay the United States and the State of Oklahoma $80,000. The latter two settlements were based on the defendants’ ability to pay.
“The United States’ efforts in this case ended abusive practices in the ambulance industry,” said Acting Assistant Attorney General Chad A. Readler for the Justice Department’s Civil Division. “These settlements demonstrate our commitment to ensuring that health care decisions are made based on patient needs, not a health care provider’s financial interests.”
“Paramedics Plus paid millions of dollars in illegal inducements over the course of a number of years,” said U.S. Attorney Joseph D. Brown for the Eastern District of Texas. “Williamson allegedly received gifts and also directed Paramedics Plus to make political contributions to local Oklahoma politicians, which EMSA could not do on its own. Sophisticated health care companies do not simply give away millions of dollars to referral sources without expecting something in exchange. Quid pro quo arrangements for the referral of health care business are illegal.”
The matters alleged in Dr. Dean’s action were investigated by the U.S. Attorney’s Office for the Eastern District of Texas, the Civil Division of the U.S. Department of Justice, the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), and the states of California, Florida, Indiana, and Oklahoma.
The False Claims Act claims resolved by this settlement are allegations only and there has been no determination of liability. The case is captioned United States ex rel. Dean v. Paramedics Plus, LLC, et al., 4:14-CV-203. Dr. Dean will receive over $4.9 million as his share of the settlements.
Beaumont Man Guilty of Child Pornography ViolationsRead the Press Release
BEAUMONT, Texas – A 45-year-old Beaumont, Texas man has been found guilty of child pornography violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Willie Lampley was found guilty of receipt of child pornography and possession of child pornography today by a jury following a two-day trial before U.S. District Judge Marcia A. Crone.
According to information presented in court, beginning in July 2017, Lampley began searching for and downloading child pornography using Peer-to-Peer file sharing networks. Lampley stored more than 300 videos and 100 images of children being sexually abused on the hard-drive of his computer. Some of the material depicted children as young as infants and toddlers.
Under federal statutes, Lampley faces a minimum of five years up to 30 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 was brought as 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 Beaumont Police Department and Homeland Security Investigations and prosecuted by Assistant U.S. Attorneys Russell E. James and Christopher T. Tortorice.