Northern District of Texas
Press releases recorded for this federal judicial district.
Fraudster Who Ran Oil and Gas Investment Scheme Is Sentenced to 60 Months in Federal Prison on Money Laundering ConvictionRead the Press Release
FORT WORTH, Texas — A Lipan, Texas, man who pleaded guilty in May 2014 to one count of money laundering stemming from an oil and gas investment scheme he ran, was sentenced today, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
James M. McConathy, 62, was sentenced by U.S. District Judge John McBryde to 60 months in federal prison, and he was ordered to pay $112,746 in restitution. Judge McBryde ordered McConathy to surrender to the Bureau of Prisons on September 26, 2014. According to documents filed in the case, McConathy admitted that in October 2010, he wired $75,000 in funds he derived as a result of wire fraud from his account at First National Bank Lipan to Southlake Energy’s account at Bank of Texas.
In April 2010, McConathy purchased rights to an oil and gas lease known as the “T.W. Martin Lease,” which is located in Navarro County, for approximately $20,000. In late September 2010, McConathy placed a call from Lipan, Texas, to an individual, “S.H.” in Evanston, Wyoming, and told S.H. that he could purchase a 50% interest in the lease for $125,000. During that call, McConathy falsely represented to S.H. that the T.W. Martin Lease was producing an amount of oil significantly greater than it was actually producing. In early October 2010, McConathy traveled to Evanston and met with S.H. Agreeing to buy one-half stake in the lease, S.H. gave McConathy a check for $125,000.
Less than a week later, McConathy loaned $75,000 of that money to Southlake Energy, in Southlake, Texas. S.H. did not know McConathy loaned the money. As directed by McConathy, Southlake Energy repaid the $75,000 loan by sending a $75,000 wire transfer to a bank account held by McConathy’s wife, and by doing this, was able to conceal the funds’ origins.
In late December 2010, McConathy sent S.H. a check for approximately $4,500, purported to be S.H.’s portion of the proceeds of the sale of 146 barrels of oil produced in October 2010 at the T.W. Martin Lease to a third party. In fact, McConathy had not sold any oil to a third party, and the lease had not produced 146 barrels of oil in October.
In late January 2011, S.H., believing the T.W. Martin Lease was generating revenue as promised, sent McConathy an additional $7,500 for an oil rig. The following day, McConathy sent S.H. a check for $5,358, purported to be S.H.’s portion of the sale of 174.4 barrels produced in November 2010 at the T.W. Martin Lease to a third party.
Similar representations and transactions occurred in March and May 2011. After May 2011, McConathy stopped sending checks to S.H.
These periodic payments McConathy made to S.H. were designed to convince him that the T.W. Martin Lease was productive and profitable. In fact, the payments were funded with money unrelated to the T.W. Martin Lease oil sales.
The Internal Revenue Service Criminal Investigation and FBI investigated the case.
Taylor County Man Pleads Guilty in Video Voyeurism CaseRead the Press Release
ABILENE, Texas — A Trent, Texas, man appeared in federal court in Abilene, Texas, today and pleaded guilty, before U.S. Magistrate Judge E. Scott Frost, to a federal indictment charging one count of video voyeurism, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Jeremy Wayne Griffith, 28, of Trent, Texas, was arrested in November 2013 on the federal offense and was released on bond. He faces a statutory penalty of one year in federal prison and a $100,000 fine. A sentencing date was not set.
According to documents filed in the case, from November 2009 until November 2010, Griffith was employed by KBR, Inc., as an HVAC operator assigned to the U.S. Army installation C3 Camp Warhorse in Iraq. Griffith was responsible for the installation and repairing of heating and air conditioning units at Camp Warhorse.
The FBI received information that Griffith had installed a hidden camera in the female barracks at Camp Warhorse and had videos of nude female soldiers and/or contractors stationed at the military installation. On June 13, 2013, the FBI executed a federal search warrant at Griffith’s residence in Trent, and agents located and seized an external hard drive. A forensic review of that hard drive revealed videos of captured hidden camera footage of multiple female soldiers and/or contractors undressing in the female locker room at Camp Warhorse.
The female locker room was a place where female soldiers and/or contractors had a reasonable expectation of privacy.
The case is being prosecuted by Assistant U.S. Attorney Justin Cunningham of the U.S. Attorney’s Office in Lubbock, Texas.
Grand Prairie, Texas, Man Sentenced to 108 Months in Federal Prison for Pandering Child PornographyRead the Press Release
DALLAS — A man who came to the attention of law enforcement in Toronto, Canada, during an undercover investigation into the distribution of child pornography, was sentenced today in federal court in Dallas, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Christopher Briseno, 45, was sentenced by U.S. District Judge Jorge A. Solis to 108 months in federal prison and a 10-year term of supervised release, following his guilty plea in May 2014 to an Information charging one count of pandering of child pornography.
According to documents filed in the case, in January 2014, an individual, later identified as Briseno, contacted an undercover officer with the Toronto Police Service who was acting in a covert capacity online to identify individuals engaged in distributing child pornography. Briseno indicated he was sexually abusing his two minor daughters, age 11 and 16, and he sent the undercover officer two images of his “daughters,” depicting the sexual abuse.
When it was learned that Briseno lived in Grand Prairie, Texas, the investigative lead was sent to U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Dallas. On February 4, 2014, Special Agents with HSI executed a search warrant at his residence.
Briseno admitted that he does not have children of his own and that he had created an online persona and used children he knew to be minors as the victims of sexual abuse. The children whom he said were his daughters were actually the children of acquaintances. He also admitted stealing pictures posted on social media websites of three different minor children and using them during chats about incest. He admitted searching the Internet for sexually explicit images of young females and sending those photos, in conjunction with the clothed photos of the minor females he claimed were his daughters, as proof of his involvement in the sexual abuse of minors.
Briseno admitted chatting with an individual in Canada, (the undercover officer) who was the mother of two minor children, and instructing her to sexually abuse her two-year-old daughter. He further admitted sending photos to this individual of the two minor girls, as well as a sexually explicit photo of a young girl, telling this person that it was his 11-year-old daughter.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
Assistant U.S. Attorney Camille Sparks was in charge of the prosecution.
Grand Prairie Man Sentenced to 210 Months in Federal Prison on Child Pornography ConvictionRead the Press Release
DALLAS — A Grand Prairie, Texas, resident was sentenced by U.S. District Judge Barbara M. G. Lynn following his guilty plea in April 2013 to a felony child pornography offense, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Kevin Arthur Miles, 44, was sentenced on Friday to 210 months in federal prison to be followed by a 10-year term of supervised release. He pleaded guilty in April 2013 to one count of transportation of child pornography; he has been in custody since his arrest the previous month.
According to the factual resume and testimony from Miles’ detention hearing, from at least August 2012 through November 27, 2012, Miles transported child pornography using Frostwire peer-to-peer file sharing network on his computer.
The investigation began in August 2012 when a special agent with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) identified more than 28 files with names indicative of child pornography available to share from Miles’ computer. Law enforcement executed a federal search warrant at Miles’ residence on November 29, 2012, and seized a computer and external hard drive. A forensic examination of his computer revealed 422 images and 33 videos of child pornography. In addition, several chats between Miles and others with like interests in the exploitation of children were located. In one chat, Miles and another discuss their interest in molesting small children.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
ICE HSI investigated. Assistant U.S. Attorney Camille Sparks prosecuted.
Defendants Sentenced in Mail Theft CaseRead the Press Release
DALLAS — Three individuals who were involved in burglaries at two post offices in Dallas have been sentenced to lengthy federal prison sentences, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Today, Gabriel Granado, 33, of Dallas, was sentenced by U.S. District Judge Jorge A. Solis to 96 months (eight years) in federal prison and ordered to pay $2,820 in restitution. He pleaded guilty in April 2014 to one count of burglary of a U.S. Post Office and two counts of possessing stolen mail.
Two co-defendants, Corina Denise Alfaro, 28, also of Dallas, and Esteban Segovia, 39, of San Antonio, Texas, were sentenced earlier this summer for their roles. Alfaro, who pleaded guilty to one count of burglary of a U.S. Post Office and one count of possessing stolen mail, was sentenced to 52 months in federal prison and ordered to pay $2,820 in restitution. Segovia, who pleaded guilty to one count of burglary of a U.S. Post Office, was sentenced to 26 months in federal prison.
According to plea documents filed in the case, on June 16, 2013, Granado, Alfaro and Segovia forcibly broke into a U.S. Post Office located at 2736 Royal Lane in Dallas, with the intent to commit larceny. Each further admitted they possessed checks they knew had been stolen from post offices.
According to the complaint filed in the case, on the evening of June 16, 2013, U.S. Postal Inspectors were continuing surveillance on U.S. Postal Service blue collection boxes at the Oak Lawn Station, 2825 Oak Lawn Avenue in Dallas, after several reports of break-ins at those collection boxes. The investigation of those break-ins led to the identification of Granado and Alfaro as possible suspects.
The investigation revealed, however, that late the same evening, Alfaro’s vehicle was at the Brookhollow Station, and then later, it arrived at a motel in Dallas where she and Granado were staying. Law enforcement observed them, along with Segovia, who was carrying what appeared to be two large shopping bags, exit the vehicle and enter a room at the motel.
Later that evening, while inspecting the Brookhollow Station, a U.S. Postal Inspector and a Postal Police Officer noticed that the dutch door of the lobby had been forcibly opened. In addition, an alarm had been activated from that location at the approximate time Granado and Alfaro were believed to have been at that location.
The U.S. Postal Inspection Service investigated. Special Assistant U.S. Attorney Nicole Dana prosecuted.
Phoenix Man Pleads Guilty to Federal Child Pornography OffensesRead the Press Release
LUBBOCK, Texas — A former resident of Phoenix, Arizona, pleaded guilty today before U.S. District Judge Sam R. Cummings to federal child pornography offenses, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Gregory James Flohr, 54, pleaded guilty to one count of transportation of child pornography and one count of possession of child pornography. He faces a statutory penalty of from five years to 30 years in federal prison, and a $500,000 fine. Judge Cummings ordered a presentence investigation report with a sentencing date to be set following the completion of that report. Flohr has been in custody since his arrest early last month on a related federal criminal complaint.
According to the factual resume filed in the case, when Flohr traveled from Arizona to Texas, he intentionally transported videos depicting a prepubescent female minor engaged in sexually explicit conduct. In addition, on the evening of July 2, 2014, Flohr knowingly possessed a Samsung cell phone that contained a child pornography video that had been transported from Arizona.
According to the complaint filed in the case, the investigation began on July 2, 2014, after Flohr entered a T-Mobile store in Lubbock, accompanied by “Jane Doe,” a female minor under age 12. Flohr purchased two cell phones, one for himself and one for Jane Doe. Flohr requested that the T-Mobile staff transfer data from his existing cell phone onto the newly purchased cell phone. This process involved Flohr telling the T-Mobile employee his Google Gmail account and password to facilitate the data transfer. During the data transfer, the employee noticed several images and videos of Flohr engaged in sexual contact with Jane Doe. After Flohr left the store, T-Mobile contacted the Lubbock Police Department to report the incident.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Lubbock Police Department, the Hockley County Sheriff’s Office, and the FBI were involved in the investigation of the case. Assistant U.S. Attorney Steven M. Sucsy is prosecuting.
Phoenix Man Pleads Guilty to Federal Child Pornography OffensesRead the Press Release
LUBBOCK, Texas — A former resident of Phoenix, Arizona, pleaded guilty today before U.S. District Judge Sam R. Cummings to federal child pornography offenses, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Gregory James Flohr, 54, pleaded guilty to one count of transportation of child pornography and one count of possession of child pornography. He faces a statutory penalty of from five years to 30 years in federal prison, and a $500,000 fine. Judge Cummings ordered a presentence investigation report with a sentencing date to be set following the completion of that report. Flohr has been in custody since his arrest early last month on a related federal criminal complaint.
According to the factual resume filed in the case, when Flohr traveled from Arizona to Texas, he intentionally transported videos depicting a prepubescent female minor engaged in sexually explicit conduct. In addition, on the evening of July 2, 2014, Flohr knowingly possessed a Samsung cell phone that contained a child pornography video that had been transported from Arizona.
According to the complaint filed in the case, the investigation began on July 2, 2014, after Flohr entered a T-Mobile store in Lubbock, accompanied by “Jane Doe,” a female minor under age 12. Flohr purchased two cell phones, one for himself and one for Jane Doe. Flohr requested that the T-Mobile staff transfer data from his existing cell phone onto the newly purchased cell phone. This process involved Flohr telling the T-Mobile employee his Google Gmail account and password to facilitate the data transfer. During the data transfer, the employee noticed several images and videos of Flohr engaged in sexual contact with Jane Doe. After Flohr left the store, T-Mobile contacted the Lubbock Police Department to report the incident.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Lubbock Police Department, the Hockley County Sheriff’s Office, and the FBI were involved in the investigation of the case. Assistant U.S. Attorney Steven M. Sucsy is prosecuting.
Lubbock Man Pleads Guilty to Child Pornography OffenseRead the Press Release
LUBBOCK, Texas — Scott Brandon Hutcheson, 37, of Lubbock, Texas, pleaded guilty today before U.S. District Judge Sam R. Cummings to one count of transportation of child pornography, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Hutcheson faces a statutory penalty of not less than five years or more than 20 years in federal prison, up to a $250,000 fine, and up to a lifetime of supervised release. Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report. Hutcheson remains on bond.
According to the factual resume filed in the case, in January 2014, Hutcheson used his computer to send an image of child pornography to the wife of a childhood classmate of his. The image depicted the recipient’s son, age four or five, eating an ice cream cone. The image, however, had been modified to make it appear the child was engaged in sexually explicit conduct. The child’s name was also displayed across the top of the image. Hutcheson sent the image, under the name of a third party, with the message:
A friend of mine asked me to send you this, and to inform you that it has been re-blogged onto NAMBLA (North American Boy Love Association) sponsored websites. He said that you would understand that filth is an aesthetic.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The case was investigated by the Lubbock Police Department and the FBI. Assistant U.S. Attorney Steven M. Sucsy is prosecuting.
Former Executive at First Command Financial Services Pleads GuiltyRead the Press Release
FORT WORTH, Texas — A former executive at First Command Financial Services, an investment advisor and financial planning firm located in Fort Worth, Texas, pleaded guilty this morning before U.S. District Judge Reed C. O’Connor to a felony offense stemming from a fraud scheme she ran while employed there, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Redonda Russell, 66, of Fort Worth, pleaded guilty to a felony Information charging one count of wire fraud. She faces a maximum statutory penalty of 20 years in federal prison, a $250,000 fine, and restitution. She will remain on bond pending sentencing, which is set for December 8, 2014.
Russell worked for First Command for 22 years, before leaving the company in the spring of 2013. She is a registered Investment Advisory Representative and Broker-Dealer Agent. She is able to buy and sell securities, and she is authorized to give investment advice to clients. She is a Chartered Financial Consultant (ChFC), a designation she earned by completing a comprehensive course of financial education, examinations, and practical experience. Through First Command’s client database, Russell had access to clients’ personal identifying information (PII), investment/insurance account numbers, and balances for the account holder and beneficiaries.
According to plea documents filed in the case, beginning on approximately April 3, 2012, and continuing through April 18, 2013, Russell obtained PII for at least 18 First Command clients, eight of whom were deceased. Russell admitted using that information to forge, or otherwise present claims as the account holder, beneficiary, or legal representative of the account holder/beneficiary, to First Command’s affiliated investment and insurance partners to liquidate the targeted accounts.
Russell admitted that part of her scheme was to steal funds from inactive clients’ accounts, thus making the fraud harder to detect. She also targeted accounts that were maintained by First Command’s business partners that were part of an industry-standard, paperless signature program that eliminated the need for the verifying entity to send additional substantiating paperwork to the receiver. After Russell altered ownership/control of the targeted customers’ accounts, Russell sent a policy cancellation/disbursement form and W-9 tax withholding form and instructed the affiliated partner to either liquidate or take a loan against the targeted accounts.
Funds were subsequently wired into one of Russell’s 12 bank accounts or, if checks were mailed, Russell would endorse and deposit them. Checks were endorsed by Russell, Russell signing as her husband, Russell signing as her daughter-in-law, or an amalgam of signatures she used to perpetuate the scheme usually having the surname “Russell.”
Russell’s scheme resulted in the liquidation of more than $316,000 from First Command’s clients’ accounts.
The FBI investigated the case; Assistant U.S. Attorney Nancy Larson is in charge of the prosecution.
Former Garland, Texas, Man Indicted for Aiming A Laser Pointer at an AircraftRead the Press Release
DALLAS —A federal grand jury has indicted Steven Alexander Chavez, Jr., 23, on one count of aiming a laser pointer at an aircraft, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Today, special agents with the FBI arrested Chavez in Lubbock, Texas, where he had recently relocated from Garland, Texas.
According to the indictment, returned earlier this week in Dallas, on or about August 24, 2013, in the Dallas Division of the Northern District of Texas, Chavez knowingly aimed the beam of a laser pointer at a Texas Department of Public Safety (DPS) helicopter.
A federal indictment is an accusation by a grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. If convicted, however, the maximum statutory penalty is five years in federal prison and a $250,000 fine.
The FBI, Texas DPS and Garland Police Department are investigating. Special Assistant U.S. Attorney Lara Burns is prosecuting.
Dallas Woman Sentenced in Sex Trafficking of Children ConspiracyRead the Press Release
DALLAS — A Dallas woman, who, along with her gang member boyfriend, pleaded guilty in a sex trafficking case earlier this year, was sentenced this morning, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Erin Patton, 24, was sentenced by U.S. District Judge David C. Godbey to 87 months in federal prison and she will be required to register as a sex offender. Patton pleaded guilty in May 2014 to a superseding information charging one count of conspiracy to commit sex trafficking of children. Her boyfriend, Keith Williams, aka “Chucky Blood,” a documented member of the 59 Bounty Hunter Blood criminal street gang, also 24, pleaded guilty in February 2014 to one count of sex trafficking of children. His sentencing is currently set for September 8, 2014; he faces a maximum statutory sentence of life in federal prison.
According to documents filed in the case, in September 2012, after she ran away from home, 14-year-old “Jane Doe” met Erin Patton. Patton let Jane Doe stay with her, and Patton facilitated Jane Doe’s engaging in commercial sex acts by driving her to locations where the acts occurred and providing her a cell phone so she could post her services on “Mocospace” and Backpage.com. Jane Doe gave Patton a portion of the money she earned from engaging in the sex acts.
Again, in November 2012, after she again ran away from home, Jane Doe contacted Patton. This time, both Patton and Williams picked up Jane Doe and posted her availability to engage in commercial sex acts on Backpage.com. While Williams went to serve a jail sentence shortly thereafter, Patton continued facilitating Jane Doe’s commercial sex acts. Jane Doe eventually left.
In April 2013, Jane Doe again contacted Patton and told her she was still in school, but wanted to leave and wanted Patton to pick her up. Patton and Williams agreed to let Jane Doe stay with them, but they told her she was going to have to engage in commercial sex acts, as she had done in the past, to pay for her expenses. Williams and/or Patton drove Jane Doe to meet with customers and Jane Doe gave all the money she earned to Williams and Patton.
On May 4, 2013, officers with the Dallas Police Department (DPD) encountered now 15-year-old Jane Doe, in a car parked in an area known for prostitution. Williams came by shortly thereafter. He admitted knowing she was 15, driving her to meet with customers, and collecting proceeds from her “dates.”
DPD led the investigation, with assistance from the FBI. Assistant U.S. Attorney Cara Foos Pierce prosecuted.
Captured Fugitive Is Sentenced to 10 Years in Federal Prison for Role in Scheme to Launder Mortgage Fraud ProceedsRead the Press Release
DALLAS — Hong Jae Kim, aka “Randy Kim,” 45, was sentenced today by U.S. District Judge Jane J. Boyle to 10 years in federal prison and ordered to pay $1,795,125 in restitution for his nearly two-year role in a scheme to launder mortgage fraud proceeds, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
A felony information was filed in February 2013 charging Kim with one count of conspiracy to engage in monetary transactions in property derived from specified unlawful activity. He agreed to plead guilty to the offense, but failed to appear at an arraignment set for the following month. The Court issued a bench warrant, and special agents with IRS Criminal Investigation arrested Kim a few months later in California. He returned to the Northern District of Texas, where he entered his guilty plea in July 2013.
According to documents filed in the case, Kim, along with others, including Arlington, Texas, resident, David Joe Cano, a mortgage loan officer, conspired to engage in monetary transactions in property derived from specified unlawful activity. Cano was a mortgage loan officer at 1st Capital Investment located in Richardson, Texas. He pleaded guilty to the same offense and was sentenced in November 2013 to 87 months in federal prison and ordered to pay nearly $1.8 million in restitution.
From January 2006 to November 2007, Kim, Cano, along with other coconspirators, operated a scheme to obtain fraudulent loans from Bank of America and IndyMac Bank, as well as GreenPoint Mortgage Funding, Inc. and WMC Mortgage Corporation, both located in California, and Everett Financial Inc. dba Supreme Lending and America Homekey, Inc., both in Dallas. Kim, Cano and their co-conspirators then laundered the money from those loans back to themselves using shell corporations such as Comex International Korea Corporation, Eagle’s Marc Enterprises, Inc. and Sunko Construction.
To defraud the banks and mortgage lenders, Kim, Cano and their co-conspirators selected newly constructed or distressed properties whose value could be inflated without raising lenders’ suspicions. Kim, Cano and others then recruited individuals with good credit scores to act as loan applicants for the purchase of the properties and paid them to apply for loans using applications that falsely inflated the applicant’s income and assets. The applicants were deceitfully promised that the properties would be leased until they were sold at a profit and that the applicants would receive regular payments from the rental income that would be sufficient to repay their loans until the properties sold. In reality, the applicants were left with unpaid loans that ruined their credit scores.
As charged in the Information, the scheme focused on seven properties located at: St. George Place in DeSoto, Texas; Golden Pond Drive in Cedar Hill, Texas; Summerfield Court in Fairview, Texas; Tangleglen Drive in Dallas; Roma Court in Allen, Texas; Avondale Drive in Murphy, Texas; and Stephenville Drive in Frisco, Texas.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
IRS Criminal Investigation investigated the case, with assistance from the U.S. Postal Inspection Service and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. Assistant U.S. Attorney Walt M. Junker prosecuted.
Man Sentenced to 28 Months in Federal Prison and Ordered to Pay More Than $350,000 in Restitution in EPA Fraud CaseRead the Press Release
DALLAS — Michael G. Johnson, 46, formerly of Fort Worth, Texas, was sentenced late yesterday, by U.S. District Judge Barbara M. G. Lynn, to 28 months in federal prison and ordered to pay $354,529 in restitution, following his guilty plea in January 2014 to felony offenses stemming from an investigation by the Environmental Protection Agency (EPA) into violations of the Clean Air Act. The announcement was made today by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Specifically, Johnson pleaded guilty to one count of wire fraud and one count of making false statements under the Clean Air Act. He has been in federal custody since his arrest in July 2013 in the Billings, Montana, area.
From 2007 through 2009, Johnson owned and operated System Launch Associates from an apartment in Fort Worth. After 2009, Johnson conducted business from Austin, Texas; Dallas, Texas; Sterling Heights, Michigan; and Miles City, Montana.
Pursuant to the Clean Air Act, manufacturers are prohibited from selling a vehicle or engine that is subject to emission standards unless the vehicle or engine is covered by an EPA-issued Certificate of Conformity. System Launch purported to arrange testing of new vehicles and new vehicle engines for U.S. distributors of foreign-made vehicles. System Launch itself, however, did not perform the testing. In fact, the testing was never done, and Johnson fabricated the testing data.
Johnson instructed his clients to have the vehicles delivered to him or to a test lab he chose, instructing them to pay half of the testing/application fee to him upfront and the remainder when the testing was completed. After Johnson submitted the completed Certificate of Conformity application to the EPA, he provided a copy of the fraudulent vehicle test data to his clients.
From August 2009 through June 2012, Johnson submitted multiple Certificates of Conformity applications containing fraudulent vehicle test data to the EPA and delivered that data to more than a dozen clients. The applications Johnson submitted were approved, and the EPA issued Certificates of Conformity based on fraudulent data he provided.
“False reports or incorrect data undercut EPA’s commitment to protect clean air for all Americans,” said Vernon Jackson, Acting Special Agent in Charge of EPA’s criminal enforcement program in Texas. “EPA and its law enforcement partners will actively pursue those who undermine the integrity of programs designed to protect public health and the environment. This sentence sends a clear message that violators whose actions place the public at risk will be prosecuted.”
“I commend the excellent investigative work of the EPA and the Texas Commission on Environmental Quality- Environmental Crimes Unit in unravelling Mr. Johnson’s scheme,” said U.S. Attorney Saldaña. “The enforcement of our nation’s environmental laws is a vital part of our work here.”
Assistant U.S. Attorney Errin Martin was in charge of the prosecution.
Defendants Sentenced in Mortgage Fraud SchemeRead the Press Release
DALLAS — Four Dallas-area individuals, along with a defendant from Georgia, who were convicted for their roles in a mortgage fraud scheme that caused more than $3 million in losses to lenders, have been sentenced, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
On Friday, August 15, Jarrod Jamiel Williams, 35, most recently of McKinney, Texas, was sentenced by U.S. District Judge Barbara M. G. Lynn to 87 months in federal prison and ordered to pay approximately $3.6 million in restitution. He pleaded guilty in January 2014 to one count of conspiracy to commit wire fraud affecting a financial institution.
Williams has been in custody since June 2012 on charges stemming from a foreclosure-rescue scheme that was prosecuted in the Eastern District of Texas and for which he was sentenced to 57 months imprisonment. Judge Lynn ordered that 27 months of Williams’s sentence in the Dallas case would run concurrently with the Eastern District of Texas sentence with the remaining 60 months to run consecutively. It total, between the two different fraud schemes, Williams will serve 117 months in federal custody and was ordered to pay more than $5 million in restitution.
Other defendants convicted and sentenced for their role in the scheme include Christopher Davis Allen, 42, and his ex-wife, Cheryl Renee Allen, 51, who were each sentenced in June 2014 to 42 months in federal prison and ordered to pay approximately $3.6 million in restitution. Arzonda Murchison, 43, was sentenced in March 2014 to 36 months in federal prison and ordered to pay approximately $2.8 million in restitution. Aaron Robert Martell, of Georgia, was sentenced in May 2014 to 21 months in federal prison and ordered to pay approximately $1.3 million in restitution. Each pleaded guilty to one count of conspiracy to commit wire fraud affecting a financial institution.
From March 2006 to at least February 2008, Williams, a real estate investor who owned Jade Capital Group, along with escrow officers/loan processors/notaries Christopher and Cheryl Allen, title company owner, Murchison, and recruiter, Martell, engaged in the fraud scheme by facilitating fraudulent property transactions to obtain mortgage loans for residential real estate properties.
Part of the defendants’ scheme involved submitting false and fraudulent statements on loan applications and other closing documents to obtain proceeds from the transactions and making more false statements and material omissions regarding the disbursement of monies.
Williams recruited, or caused others to recruit, straw buyers to purchase the properties, knowing the purchasers buying the properties could not quality for the loans without making false statements on loan applications and other closing documents. Williams also knew that payments were made to straw buyers outside of closing.
As an example of the mortgage fraud scheme, Williams and Martel recruited an individual to purchase a residential property located on Dartmouth Avenue in Highland Park, Texas, knowing that the individual could not qualify for the necessary loans without making false statements concerning income, assets and intention to occupy the property. Williams referred the individual to Cheryl Allen who prepared the fraudulent loan applications. Chris Allen notarized the documents and assisted in the closing of the transaction, which occurred at Viewpoint Title, a company owned and operated by Murchison. Not only were the loan applications false, the closing documents falsely represented that the borrower made a $270,000 down payment when, in fact, that money was supplied by Williams. In addition, Williams, along with coconspirators, created a fraudulent check that purported to show the down payment coming directly from the borrower. At closing, Williams received more than $800,000 from Viewpoint Title as proceeds from the transaction, which were disbursed among the coconspirators. Because of the false statements on the documents, the lender approved two interstate wire transfers of approximately $2.1 million and $270,000 to fund the mortgage for the individual.
This prosecution is part of efforts underway by President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets and recover proceeds for victims of financial crimes. For more information about the task force visit: www.stopfraud.gov
The FBI investigated the case. The FBI and the U.S. Attorney’s Office received assistance from the Texas Appraiser Licensing and Certification Board in connection with the investigation. Assistant U.S. Attorney J. Nicholas Bunch prosecuted.
Dallas Man Sentenced to Serve 25 Years in Federal Prison on Drug Trafficking and Money Laundering ConvictionsRead the Press Release
DALLAS — A Dallas man who pleaded guilty to felony offenses stemming from his role as a major participant in a marijuana distribution conspiracy operating in north Texas was sentenced this morning in federal court in Dallas, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas
Andres Hernandez, Jr., a/k/a “Gordo,” 34, was sentenced by U.S. District Judge Sam A. Lindsay to serve a total of 300 months in federal prison. Hernandez pleaded guilty in September 2013 to one count of conspiracy to distribute 100 kilograms or more of marijuana and one count of money laundering. Judge Lindsay sentenced him to 25 years on the drug conspiracy conviction and 10 years on the money laundering conviction, to run concurrently.
Hernandez and others were arrested on November 1, 2012, following a law enforcement operation led by the Drug Enforcement Administration (DEA) and the North Texas High Intensity Drug Trafficking Area (HIDTA) task force, during which federal search warrants were executed at various locations, including Hernandez’s residence on W. Colorado Blvd. in Dallas. At his residence, law enforcement located approximately 20 pounds of marijuana, digital scales and a loaded firearm. Hernandez has remained in custody since his arrest.
According to documents filed in the case, Hernandez admitted that on multiple occasions between January 2011 and the date of his arrest, he received multi-pound quantities of marijuana from several supply sources, including co-defendants Serviano Contreras, a/k/a “Seven” and “Junior,” 27, and Virgilio Espinosa Delacruz, a/k/a “Chaparro,” 41. Hernandez admitted that he stored this marijuana both at his residence and at the residence of co-defendant Benicio Pena, Jr., a/k/a “Nene,” 63, on Lourdes Street in Dallas. Contreras, Delacruz and Pena pleaded guilty to their respective roles in the conspiracy and are serving federal prison sentences of 48 months, 44 months, and 42 months, respectively.
Hernandez admitted that he routinely distributed multi-pound quantities of marijuana to co-defendants Jarvis Holmes, 43; Claudia Castillo, 21; Jerry Cardenas, 32; Lamont Morgan, 35; Roberto Lopez Delacruz, 27; and Paul Santoy, 28. They each pleaded guilty to their roles in the conspiracy. Holmes was sentenced to 51 months; Cardenas, 48 months; Morgan, 46 months; Roberto Delacruz, 16 months; and Santoy, 15 months. Claudio Castillo is scheduled to be sentenced on November 17, 2014.
Hernandez further admitted that in March 2012, an individual purchased a parcel of land located in Barry, Texas, using $28,854 in cash provided by Andres Hernandez’s wife, Griselda Hernandez, 34. That same day, that individual deeded the property to Andres and Griselda Hernandez. Andres Hernandez admitted that the cash used to purchase the property included drug proceeds. Griselda Hernandez also pleaded guilty to her role in the conspiracy and was sentenced to 57 months in federal prison.
The DEA, North Texas HIDTA and Internal Revenue Service Criminal Investigation investigated. Assistant U.S. Attorney Phelesa Guy was in charge of the prosecution.
Confessed Heroin Dealers SentencedRead the Press Release
DALLAS — Two confessed heroin dealers were sentenced this morning in federal court in Dallas, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Misael Perla, a/k/a “Irving” and “Weasal,” 26, of Dallas, was sentenced by U.S. District Judge David C. Godbey to 300 months in federal prison. Perla pleaded guilty in January 2014 to two counts of possession of heroin with intent to distribute, the use of which caused the death of victims Alexandra Julia Moreno, 20, of Irving, Texas, in July 2012, and Cassidy Seward, 18, of Grapevine, Texas, in August 2012.
Hugo Sanchez, a/k/a “Juice,” 25, also of Dallas, was sentenced by Judge Godbey to an aggregate sentence of 360 months in federal prison. Sanchez pleaded guilty in April 2014 to seven counts of a superseding indictment including: one count of conspiracy to possess with intent to distribute a controlled substance; possession of heroin with intent to distribute and distribution to a person under age 21; possession of cocaine with intent to distribute; possession of heroin with intent to distribute; possession of methamphetamine with intent to distribute; possession of a firearm by a prohibited person and possession of a firearm in furtherance of a drug-trafficking offense. Although Sanchez did not admit his role in providing the narcotics that resulted in several overdose deaths, the Court heard evidence that Sanchez provided narcotics that were responsible for at least three known overdose deaths in 2011 and 2012.
“Often drug users are seen as victims of their own choices. Today, however, in federal court, two drug dealers who preyed upon those addictions, faced the families who have been forever harmed because of their actions,” said U.S. Attorney Saldaña. “While we cannot replace the young lives that were lost to heroin and other dangerous drugs, this office will continue to hold those accountable who make those poisons available in our communities.”
According to documents filed in the case, Perla admitted that on July 16, 2013, he knowingly distributed heroin to Ms. Moreno, a woman he had recently met at a club. Perla provided the heroin to Ms. Moreno while she was staying with him at his mother’s home and he watched as she used the heroin in his presence. Later that evening and into the next morning, Perla attempted to wake Ms. Moreno, and he became concerned that she may have overdosed. He put her into the bed of a truck, drove to Baylor Medical Center at Irving and left her body with medical personnel at the emergency room. Ms. Moreno was pronounced dead shortly after her arrival at the hospital, and a subsequent autopsy report concluded that she “died as the result of the toxic effects of heroin.”
Perla also admitted in the factual resume that he had a relationship with Cassidy Seward, to whom he knowingly supplied heroin. After returning home one morning in August 2012, Ms. Seward used heroin provided by Perla and methamphetamine from Sanchez. After her family found her unresponsive, paramedics arrived and transported Ms. Seward to the hospital, where she was soon pronounced dead. A subsequent autopsy report concluded that she died from the “mixed drug toxicity” of heroin and methamphetamine.
According to documents filed in the case, Hugo Sanchez admitted to possessing heroin, cocaine, and methamphetamine with the intent to further distribute, as well as possessing numerous firearms in furtherance of his drug-trafficking activities. Additional documents filed in the case tied Sanchez’s narcotics to the 2011 and 2012 overdose deaths of Robert Nugent II, Henry Wiley II, and Solina Marin, all residents of the DFW Metroplex.
The Irving Police Department and the Grapevine Police Department led the investigation, with assistance from U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
Assistant U.S. Attorney Jason Schall prosecuted.
Long-Time Friends Sentenced to Federal Prison for Embezzling from Tax Consulting BusinessRead the Press Release
DALLAS — Three women, who were involved in a scheme to embezzle money from one of their former employers in Dallas, have been sentenced, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Dallas residents Lamonica Phillips and Pamela Gail Willis, aka Pamela Gayle Knight, both 44, and Oklahoma City resident, Audrey Starr, 51, each pleaded guilty to one count of conspiracy to commit mail fraud
Today, Chief U.S. District Judge Sidney A. Fitzwater sentenced Phillips to 24 months in federal prison and ordered her to pay approximately $171,000 in restitution. She must surrender to the Bureau of Prisons on September 30, 2014.
In June, Willis was sentenced to 12 months and one day in federal prison and ordered to pay approximately $75,000 in restitution. Also in June, Starr was sentenced to a two-year term of probation and ordered to pay nearly $60,000 in restitution.
According to documents filed in the case, Phillips and Willis devised and carried out a scheme to embezzle money from Phillips’ employer, Industry Consulting Group (ICG). Starr allegedly became a conspirator in the scheme through knowingly receiving and using stolen funds.
ICG is a tax consulting business based in Dallas that focuses on tax valuation of properties and the maintenance of tax portfolios. As part of their business ICG, on behalf of their clients, pays taxes on home mortgages and provides valuations of properties in order to contest tax appraisals.
As part of her duties, Phillips had access to ICG’s financial software, could prepare checks on behalf of ICG and was responsible for cashing and mailing checks to ICG’s customers. Phillips began the scheme to defraud ICG in March 2012, following a conversation with her good friend, Willis.
The FBI investigated and Assistant U.S. Attorney P. J. Meitl prosecuted.
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Abilene, Texas, Man Admits Possessing Child PornographyRead the Press Release
LUBBOCK, Texas — Justin Turcheck, 29, of Abilene, Texas, pleaded guilty this morning before U.S. District Judge Sam R. Cummings to one count of possession of child pornography, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Turcheck, who is on bond, faces a maximum statutory penalty of 10 years in federal prison and a $250,000 fine. Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report.
Turcheck admitted that in mid-June 2012, he possessed an external hard drive that contained numerous images of child pornography.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
resources.” U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Abilene Police Department, and the Air Force Office of Special Investigations investigated the case. Assistant U.S. Attorney Steven M. Sucsy of the U.S. Attorney’s Office in Lubbock, Texas, is in charge of the prosecution.
Federal Grand Jury Indicts Former Denton High School Teacher for Producing Child PornographyRead the Press Release
FORT WORTH, Texas — A federal grand jury in Fort Worth, Texas, returned an indictment late today charging a former teacher with two counts of production of child pornography, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Gregory Bogomol, 38, of Fort Worth, was arrested in May 2014 on a related federal criminal complaint and has been in custody since that time. He was employed by the Denton Independent School District as a teacher at Denton High School. He resigned from that position the week prior to his arrest.
According to the criminal complaint filed, the investigation began when U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) was contacted by the parents of a 15-year-old male victim regarding an individual who solicited a nude photograph of the minor through a smartphone application.
Count one of the indictment alleges that on or about April 23, 2014, Bogomol used, persuaded, induced, enticed, and coerced a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of that conduct. Count two of the indictment alleges the same occurred on April 20, 2014, with another minor.
A federal indictment is an accusation by a grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. If convicted, however, the statutory penalty for each count of production is not less than 15 years or more than 30 years in federal prison and a $250,000 fine.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
Anyone who may have been victimized in this case is asked to contact HSI at its toll-free number: 1-866-347-2423.
Assistant U.S. Attorney A. Saleem is in charge of the prosecution.
Federal Grand Jury Indicts Eight in Methamphetamine Distribution ConspiracyRead the Press Release
LUBBOCK, Texas — A federal grand jury returned an eight-count indictment late today charging eight defendants with felony offenses stemming from their respective roles in a methamphetamine distribution conspiracy, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Each of the following defendants is charged with one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine:
Natividad Gumaro Lopez-Guzman, 47, of Arizona
Flor Angelica Bustillos, 27, of Arizona
Gregorio Hernandez-Perez, a/k/a “Francisco Hernandez” and “Primo,” 27
Jesus Adrian Murillo-Angulo, a/k/a “Chavalon,” 20
Michael Alvarado Garcia, 41, of Lubbock, Texas
Haylie Nicole Moreno, 25, of Lubbock
Edward Adam Rodriguez, 22, of Lubbock
Brianna Lee Mendoza, 22, of Lubbock
In addition, Hernandez-Perez is charged with one substantive count of possession with intent to distribute 500 grams or more of methamphetamine and two substantive counts of distribution and possession with intent to distribute methamphetamine. Hernandez-Perez is also charged with two firearms offenses: one count of possession of firearms in furtherance of a drug trafficking crime and one count of being an illegal alien in possession of a firearm.
Garcia and Moreno are also each charged with one substantive count of possession with intent to distribute 500 grams or more of methamphetamine.
Rodriguez and Mendoza are also each charged with one count of possession with intent to distribute methamphetamine and one count of possession of a stolen firearm.
During the investigation, law enforcement seized approximately 11 pounds of methamphetamine and three firearms. All of the defendants, with the exception of Bustillos, are in custody.
A federal indictment is an accusation by a grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. If convicted, each faces a maximum statutory penalty of life in federal prison and a $10 million fine.
The Bureau of Alcohol, Tobacco, Firearms and Explosives; Lubbock County Sheriff’s Office; Texas Department of Public Safety; Lubbock Police Department; Abilene Police Department; Department of Homeland Security, U.S. Border Patrol; Clovis, New Mexico Police Department; Curry County, New Mexico Sheriff’s Office; Albuquerque, New Mexico Police Department; New Mexico State Police, and the Maricopa County, Arizona HIDTA group are investigating.
Assistant U.S. Attorney Justin Cunningham is in charge of the prosecution.
Former Directors of Alameda Heights Community Outreach Center Plead Guilty Following Investigation into Theft of Federal Grant FundsRead the Press Release
DALLAS — The former directors of a community outreach center in Dallas, whose trial was to begin yesterday, pleaded guilty this morning to federal felony charges stemming from a joint investigation by the Department of Justice - Office of the Inspector General (DOJ-OIG) and the Department of Labor - Office of the Inspector General (DOL-OIG) into theft of federal grant funds. The announcement was made today by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Elazada Mays, 69, of Oak Leaf, Texas, pleaded guilty to one count of federal program theft. She faces a maximum statutory penalty of 10 years in federal prison and a $250,000 fine. Artis Lee Dean, 77, of Red Oak, Texas, pleaded guilty to one count of misprision of a felony. He faces a maximum statutory sentence of three years in federal prison and a $250,000 fine. In addition, restitution may also be ordered. Both defendants are on bond; a sentencing date was not set.
Dean was the Executive Director of the Alameda Heights Community Outreach Center (AHCOC), located on Lyola Street in Dallas. Mays was the Program Director.
In 2009, DOJ’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) released funding for a three-year, $8.8 million grant for one-on-one mentoring services for 16 to 18 year-old at-risk youth. YouthBuild USA administered the grants. As the grantee, YouthBuild USA qualified and selected community-based organizations to perform one-on-one mentoring services for mentees within local communities. AHCOC was selected, and in June 2010, Dean signed a contract for a $45,000 grant, agreeing to match and mentor 25 mentees, stipulating that at least 15 of the mentees would complete the program within a 15-month cycle.
For various reasons, however, including the unwillingness of mentees to participate, some of the mentoring relationships ended shortly after the program began. In November 2010, AHCOC officials realized that mentee participation had fallen below the required number and that the remaining mentor/mentee meetings were not being documented and tracked in accordance with the grant’s requirements.
To receive reimbursements, AHCOC was required to generate and submit payroll records to YouthBuild USA. Even though AHCOC employees and staff no longer worked on the mentoring program, fraudulent time sheets were created, transmitted and certified by Dean or Mays that certified work was being done in the program throughout the entire 15-month period.
In August 2011, Dean submitted an application for another 15-month cycle funding to YouthBuild USA, knowing that AHCOC did not comply with the requirements of the grant’s first cycle. YouthBuild USA relied on Dean’s false statements in awarding AHCOC with a second grant for $75,000, with AHCOC committing to recruit and match 40 mentees. This second cycle of grant funding ran from December 1, 2011, to March 28, 2013, but by August 2012, AHCOC had expended all of its funds — a full six months before the end of the term.
Dean and Mays admitted that the invoices and timesheets submitted by AHCOC to YouthBuild USA were false because they did not accurately reflect the hours worked on the mentorship program by officials, staff and employees. Mays also admitted that during both cycles, AHCOC falsified records to indicate that the required number of students participated in and completed the mentorship program, when in fact, the required number of students neither participated in nor completed either of the cycles.
Assistant U.S. Attorney Aaron Wiley and Special Assistant U.S. Attorney Vivian Lee are prosecuting.
Three Face Lengthy Federal Prison Sentences After Pleading Guilty to Drug or Firearms OffensesRead the Press Release
LUBBOCK, Texas — Three defendants who were indicted by a federal grand jury in Lubbock, Texas, earlier this summer have pleaded guilty to felony drug or firearms offenses, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Yesterday, Adam Rico, 27, and Amber Lee Bengoa, 26, of Lubbock, pleaded guilty before U.S. District Judge Sam R. Cummings. Rico pleaded guilty to one count of possession with intent to distribute methamphetamine and aiding and abetting. He faces a maximum statutory penalty of 20 years in federal prison and a $1 million fine. Bengoa pleaded guilty to one count of possessing a firearm in furtherance of a drug trafficking crime and aiding and abetting. She faces a statutory penalty of not less than five years and up to life in federal prison and a $250,000 fine.
On July 24, 2014, co-defendant Alexis Starr Frausto, 23, also of Lubbock, pleaded guilty to one count of being a convicted felon in possession of a firearm. She faces a maximum statutory penalty of 10 years in federal prison and a $250,000 fine.
Judge Cummings ordered presentence investigation reports on all defendants with sentencing dates to be set after the completion of those reports.
According to documents filed in the case, in March 2014, the South Plains Auto Theft Task Force received information from OnStar that a stolen vehicle they were attempting to find was located in the area of Lubbock’s North Frankford Storage Zone. Just as OnStar was to activate the vehicle’s horn to assist the Task Force, officers saw Rico coming out of one of the storage units. In response to their inquiry, Rico confirmed that the Camaro was inside the storage unit. After officers observed a semiautomatic rifle leaning against the wall of the storage unit, they entered the unit to perform a protective sweep for additional weapons or individuals. Rico and co-defendant Frausto were the only individuals in the unit, but officers observed methamphetamine in plain view.
Officers obtained a search warrant to search the storage unit and located methamphetamine, cocaine, marijuana, $4,452 in cash, two stolen vehicles, drug packaging and scales. Frausto admitted that she and Rico knowingly possessed the semiautomatic rifle, and she further admitted that she was a convicted felon.
Approximately two weeks later, the Lubbock County Sheriff’s Office, which had been investigating Bengoa for narcotics and counterfeiting, observed her driving a vehicle without a license. During the ensuing traffic stop, it was determined that the two adult passengers in the vehicle were wanted on warrants and were arrested. With Bengoa’s consent, officers searched the vehicle and located, in the front seat, a 9mm semiautomatic handgun, methamphetamine, cocaine, and drug trafficking materials, such as packaging material and scales, all within arms’ reach of Bengoa. She admitted that she and the adult passengers in the vehicle knowingly possessed the firearm in furtherance of intending to distribute the methamphetamine in the vehicle.
The Lubbock County Sheriff’s Office led the investigation, with the assistance of the Lubbock Police Department, South Plains Auto Theft Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Justin Cunningham is in charge of the prosecution.
Pair Face up to 30 Years Each in Federal Prison for Committing Armed Robberies of Dallas-Area BusinessesRead the Press Release
DALLAS — Two Dallas men, who admitted committing the armed robberies of several businesses in the Dallas area in 2012-2013, have pleaded guilty to federal charges, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Today, Christopher Washington, 48, pleaded guilty, before U.S. Magistrate Judge Irma C. Ramirez to two counts of interference with commerce by robbery and one count of carrying and brandishing a firearm during and in relation to a crime of violence. In May, Darren Lewis, 45, pleaded guilty to three counts of interference with commerce by robbery and one count of brandishing a firearm during and in relation to a crime of violence.
If the Court accepts the defendants’ plea agreements, the parties agree that a total range of 300 to 360 months’ imprisonment is appropriate for each defendant. Both are scheduled to be sentenced by U.S. District Judge Jane J. Boyle on September 25, 2014.
According to documents filed in the case, on October 30, 2012, Lewis entered a Hampton Inn and Suites in Desoto, Texas, inquired about room rates, looked around the lobby, and then left the hotel. Immediately afterwards, Washington entered the lobby and requested a room. He then pulled out a firearm, pointed it at the desk clerk, and demanded cash. Fearing for her life, the clerk complied. Washington then left the hotel and got into a waiting Ford expedition, driven by Lewis.
On November 6, 2012, Washington entered a La Quinta Inn in Cedar Hill, Texas, approached a desk clerk, displayed a shotgun, and while pointing it at the clerk, demanded money. The clerk complied and Washington left and got into a dark colored car, parked outside of the hotel lobby, driven by Lewis.
On November 6, 2012, Washington entered a La Quinta Inn in Cedar Hill, Texas, approached a desk clerk, displayed a shotgun, and while pointing it at the clerk, demanded money. The clerk complied and Washington left and got into a dark colored car, parked outside of the hotel lobby, driven by Lewis.
On January 28, 2013, Lewis entered a 7-Eleven store in Dallas, grabbed a candy bar from a shelf and then pulled out a silver handgun, pointed it at the clerk, and demanded money from the cash register. In fear for his life, the clerk complied. Lewis then fled the store and drove away in a maroon Ford Expedition.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Dallas, Duncanville, Desoto and Cedar Hill Police Departments investigated. Assistant U.S. Attorney Taly Haffar is in charge of the prosecution.
Dallas Registered Sex Offender Faces Life in Federal Prison on A Multitude of Child Pornography Convictions That Involved A Four-Year-Old ChildRead the Press Release
DALLAS — Timothy Rinehart, 35, of Dallas, pleaded guilty today before U.S. Magistrate Judge David L. Horan to a superseding indictment charging a multitude of child pornography offenses, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Specifically, according to the factual resume filed in the case, (there is no plea agreement), Rinehart pleaded guilty to one count of production of child pornography, which carries a statutory penalty of not less than 25 years or more than 50 years in federal prison; one count of attempted transportation of child pornography, which carries a statutory penalty of not less than 15 years or more than 40 years in federal prison; one count of transportation of child pornography, which carries a statutory penalty of not less than 15 years or more than 40 years in federal prison; two counts of possession of child pornography, which carry a statutory penalty of not less than 10 years or more than 20 years in federal prison, per count; and one count of a registered sex offender committing a felony offense involving a minor, which carries a mandatory, statutory, consecutive10-year penalty.
According to the Elements of the Offenses filed in the case, Rinehart faces a statutory penalty of at least 35 years of mandatory minimum imprisonment and up to 180 years in federal prison. The projected guideline sentence range, even with the acceptance of responsibility, will most likely be life imprisonment. A sentencing date, before U.S. District Judge Jane J. Boyle, has not been set.
According to court documents and the Stipulated Facts filed in this case, on August 15, 2006, in the Eastern District of Texas, Rinehart was sentenced to 51 months in federal prison after pleading guilty to one count of possession of child pornography.
In April 2012, Rinehart used John Doe, a four-year-old male minor, to engage in sexually explicit conduct and then used his cell phone to take photos of that conduct. In late May 2012, Rinehart used his computer, the Internet and peer-to-peer file sharing to share images of minor boys engaged in sexually explicit conduct. In early May 2013, Rinehart again used peer-to-peer file sharing to share images of minors engaging in sexually explicit conduct. On October 5, 2012, Rinehart possessed a cell phone and an external hard drive that each contained images of minors involved in sexually explicit conduct.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The FBI is investigating. Assistant U.S. Attorney Camille Sparks is in charge of the prosecution.
Man Faces Five Years in Federal Prison in “Swatting” CaseRead the Press Release
DALLAS — Jason Allen Neff, 33, pleaded guilty today to federal charges in a “swatting” case, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas. Swatting refers to falsely reporting an emergency to a police department to cause a Special Weapons and Tactics (SWAT) response to a physical address, or making a false report to elicit an emergency response by other first responders to a specific physical address.
Neff, also known as “Crazy J,” is from Omaha, Nebraska, although he was living in Jackson, Missouri when he was arrested. Neff pleaded guilty to one count of aiding and abetting the conspiracy to use access devices to modify telecommunications instruments and to make unauthorized access to protected telecommunications computers and one count of obstruction by retaliating against a witness, victim or informant. If the Court accepts the terms of the plea agreement, the parties have agreed that a specific sentence of 60 months in federal prison is the appropriate sentence for the obstruction conviction, and it should run concurrently to any sentence imposed for the other count of conviction. Neff, who remains in custody, is scheduled to be sentenced on December 1, 2014, by U.S. District Judge Sam A. Lindsay.
According to documents filed in the case, Neff, along with previously charged and convicted co-conspirators Guadalupe Martinez, Stuart Rosoff, Jason Trowbridge, Chad Ward, Matthew Weigman, Angela Roberson and others,* were members of, and participated in, telephone chat/party lines in which they made, or facilitated the making of, swatting 911 calls. They concealed the true caller ID and made false reports of violent crimes to elicit a police SWAT response to the targeted members of the telephone chat/party line, their family members, and associated persons.
Neff participated in multiple telephone party line chat groups (party lines) that conspirators and thousands of other callers frequented. Participants in these party lines generally used pseudonyms or nicknames to protect their identities, and they would often be rude and obnoxious to antagonize other party line participants, other conspirators and their families.
Neff, along with Martinez, Rosoff and Weigman, according to the indictment, were “phone phreakers,” using social engineering or subterfuge to acquire sensitive information from telephone service providers. That sensitive information enabled them to exploit telephone network computer service by obtaining subscriber information; altering billing information and service plans; redirecting, changing service charges, and discontinuing telephone service; monitoring or taping telephone lines; and obtaining telephone company security policies and procedures.
In May 2006, Neff obtained publicly available voter information about another party line member and provided it to co-conspirator Roberson so she could repeat the information in the party line. Neff knew the information could be used for harassment.
A few days later, Neff obtained identifying information about another party line member with whom co-conspirator Roberson was upset. Neff listened in on a three-way phone call made from a private room on the party line where co-conspirator Rosoff used information that Roberson provided in order to social engineer an SBC employee and obtain the caller’s current phone number and address. That information was verified and used to prompt a neighbor of the caller to respond to a false request for assistance.
In January 2007, Neff confronted a party line member, “SP,” about her providing misleading and inaccurate information to the FBI regarding his ownership of a party-line related website, which he did not own, and his being a member of the group that had previously swatted her. Neff threatened her on the party line, stating, “snitches get stitches.” Neff made the threats to intimidate SP and to retaliate against her for providing information about him to the FBI.
The FBI investigated the case. Assistant U.S. Attorney C.S. Heath is in charge of the prosecution.
*Martinez sentenced in March 2008 to 30 months; Rosoff sentenced in May 2008 to 60 months; Trowbridge sentenced in May 2008 to 60 months; Ward sentenced in May 2008 to 60 months; Weigman sentenced in June 2009 to 135 months; and Roberson sentenced in July 2008 to 30 months.
Rowlett, Texas, Man Arrested for Sending Hundreds of Hoax White Powder LettersRead the Press Release
DALLAS — A Rowlett, Texas, man was arrested this morning by special agents with the FBI and inspectors with the U.S. Postal Inspection Service on a criminal complaint charging an offense stemming from hundreds of white powder hoax letters he allegedly mailed from North Texas, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Hong Minh Truong, 66, is charged in the complaint with false information and hoaxes. Truong made his initial appearance this afternoon before U.S. Magistrate Judge Irma C. Ramirez, who ordered that he remain in federal custody.
“For almost six years, letters containing white powder - and believed to have been mailed by the same individual - have elicited law enforcement and public safety responses from numerous local, state and federal agencies. While it was determined that the mailings did not contain toxins or poisons, each incident required a field screening of the letter’s contents, which cost taxpayer dollars and diverted first responder resources,” explained Special Agent in Charge Diego Rodriguez of FBI Dallas. “We believe Hong Minh Truong is responsible for the hundreds of letters sent to locations worldwide, including U.S. government offices, aerospace companies, schools, daycares, and recently, hotels in the vicinity of Super Bowl XLVIII. The ongoing investigative work of the FBI and U.S. Postal Inspection Service is to be commended.”
According to the complaint, since December 2008, more than 500 hoax letters were mailed from the North Texas area to cities across the U.S. and to U.S. Embassies abroad. The initial letters, sent out on December 4, 2008, had a “Dallas, Texas” postmark and contained a white-powder substance. Law enforcement has identified more than 15 batches of similar letters sent from the Dallas area from December 2008 to the present. The language used in the letters as well as the method of sending the letters, indicate that one person, Truong, is responsible for sending all of the hoax letters. In all but two of the batches of letters, a white-powder substance was included in the envelope.
On May 7, 2012, the hoax letters mailed from the Dallas area contained a white-powder substance and the following statement:
Al Qaeda back! Special thing for you
What the hell where are you Scooby Doo, Counter Intelligence, CIA, you do not know how to catch the triple dealer spy in your law enforcement. What the hell where are you Scooby Doo, Internal Affairs, FBI, you don't know how to arrest the bad cop in your law enforcement.
You all flaming idiot, ignorant and arrogant, know nothing! How to protect this country! U.S.A
We are Al Qaeda, U.B.L FBI, Al Qaeda, SS Nazi FBI, working in your agency. We claim everything.
These letters were sent to pre-schools and elementary schools across the country as well as to Lockheed Martin in Grand Prairie, Texas. HAZMAT responded to the location of many hoax letter recipients, including Mi Escuelita Preschool Crossover in Dallas.
In June 2013, 28 public schools in Boston received letters that resulted in HAZMAT responses. That investigation resulted in the identification of an IP address in Rowlett associated with Truong.
“Today's joint operation should send a warning to those who seek to terrorize the American public through powder letters, real or hoax,” said Fort Worth Division Inspector in Charge R.L. Faulkerson. “Postal Inspectors and FBI agents have worked tirelessly during this six-year investigation to locate the person responsible for sending hundreds of letters containing hoax white powders. The U.S. Postal Inspection Service remains committed to our mission of protecting the nation’s postal system and ensuring our customers’ trust that mail they receive will be free from threats or dangerous substances.”
“Mr. Truong’s alleged criminal actions caused emergency responders and hazardous response teams immense unnecessary labor and expense, diverted personnel from actual emergencies and caused untold emotional distress to those who received the letters,” said U.S. Attorney Saldaña. “I commend the excellent investigative work of the FBI and the U.S. Postal Inspection Service that led to today’s arrest.”
A federal complaint is a written statement of the essential facts of the offenses charged and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. The government has 30 days to present the matter to a federal grand jury for indictment. The maximum statutory penalty for the offense as charged is five years in federal prison and a $250,000 fine.
Assistant U.S. Attorney Errin Martin is in charge of the prosecution.
Convenience Store Owner and Manager Sentenced for Running Massive Food Stamp Fraud SchemeRead the Press Release
Scheme Caused Nearly $2 Million in Losses to SNAP Program
DALLAS — Two North Texas men have been sentenced for their roles in a massive food stamp fraud scheme that caused nearly $2 million in losses to the Supplemental Nutrition Assistance Program (SNAP), announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Kamardeen Ogunleye, 52, of Arlington, Texas, was sentenced by Chief U.S. District Judge Sidney A. Fitzwater on Friday to 60 months in federal prison. On Thursday, July 24, 2014, Robert Gordon, 31, of Balch Springs, Texas, was sentenced by Judge Fitzwater to 27 months in federal prison. Each was also ordered to pay approximately $1.9 million in restitution, jointly and severally, to the U.S. Department of Agriculture (USDA), Food and Nutrition Service. Both must surrender to the Bureau of Prisons on September 9, 2014.
In April 2014, both Ogunleye and Gordon pleaded guilty to one count of conspiracy to commit food stamp fraud. Ogunleye also pleaded guilty to one count of wire fraud.
Ogunleye owned and operated KSO Dollar Mart, located in a strip mall at 1918 Martin Luther King Jr. Boulevard in Dallas. Gordon managed the business for Ogunleye. Ogunleye’s and Gordon’s scheme was funneled through this storefront, which offered very few food and beverage items to its customers.
According to plea documents filed in the case, from March 2010 to September 2013, Ogunleye and Gordon devised and executed a scheme to defraud the USDA by using, acquiring, transferring and possessing SNAP benefits. Ogunleye and Gordon conspired to purchase food stamp benefits from actual recipients in exchange for cash and at an approximately 50 percent exchange rate, meaning Ogunleye and Gordon would pay recipients approximately one dollar in exchange for every two dollars’ worth of benefits. Recipients were then free to spend the exchanged-for-cash without the restrictions imposed on SNAP benefits. Both Ogunleye and Gordon knew it was illegal to transfer SNAP benefits in exchange for cash, or for any consideration other than eligible food items.
The full amount of SNAP benefits redeemed in exchange for discounted cash were deposited into Ogunleye’s Omni American Bank and Bank of America accounts held in Arlington, Texas. Between April 9, 2010, and June 17, 2013, SNAP redemptions totaling $2,109,859 were deposited into those two accounts.
Ogunleye, who provided all cash funds that were distributed to customers in exchange for benefits, also collected and retained the bulk of the proceeds obtained from SNAP because of this scheme. For his part as a store clerk, Gordon, who was instructed by Gordon to purchase food stamp benefits in exchange for cash, received a weekly salary from Ogunleye ranging from $300 - $600 throughout the course of his participation in the conspiracy.
The USDA Office of Inspector General investigated the case. Assistant U.S. Attorney P. J. Meitl prosecuted.
Federal Grand Jury Indicts A Dallas County Commissioner, His Chief of Staff and Lobbyists in Multi-Faceted Conspiracy Involving BribesRead the Press Release
DALLAS — A federal grand jury has returned a 13-count indictment charging a long-time Dallas County elected official and three of his associates with various alleged felony offenses stemming from their involvement in conspiracies involving bribes, announced Sarah R. Saldaña, U.S. Attorney for the Northern District of Texas; Diego Rodriguez, Special Agent in Charge, FBI Dallas; and Kelly Carpenter, Assistant Special Agent in Charge, Dallas IRS Criminal Investigation.
The indictment, returned on Wednesday of this week and unsealed this morning, charges John Wiley Price, 64, Kathy Louise Nealy, 61, Dapheny Elaine Fain, 52, and Christian Lloyd Campbell, 44, with various felony counts of conspiracy, tax violations and false statements.
“The indictment unsealed today alleges that for more than a decade, in a shocking betrayal of public trust, Commissioner Price sold his office on the Dallas County Commissioners Court in exchange for a steady stream of bribes. While the vast majority of public officials are honest and maintain high ethical standards, it is unfortunate that some, as alleged in this indictment, choose to serve themselves,” said U.S. Attorney Saldaña. “I thank the hardworking men and women of the FBI and IRS Criminal Investigation who have spent countless hours, indeed years, investigating this case, dissecting his and others’ alleged schemes. Abuse of the public trust cannot and will not be tolerated.”
“The FBI’s top criminal program priority is investigating allegations of public corruption,” said Special Agent in Charge Rodriguez. “The defendants’ alleged actions were designed for personal financial gain at the expense of their constituents and the federal government. These types of actions constitute a breach of the public’s trust, erode confidence in government, and cost taxpayers money and resources.”
“Today’s indictment is a reminder that public officials and private industry who scheme to defraud the U.S. Government and violate the public’s trust will be brought to justice,” said Assistant Special Agent in Charge Carpenter. “Bribery, mail fraud and tax fraud will not be tolerated. IRS Criminal Investigation will continue to work with the U.S. Attorney’s Office and FBI to investigate corrupt behavior wherever we find it.”
According to the indictment, from January 2001 through June 27, 2011, Commissioner Price allegedly accepted more than $950,000 in cash, cars and land from Kathy Nealy, a Dallas lobbyist, in exchange for using his influence and position on the Commissioners Court to act favorably on behalf of Ms. Nealy’s clients and those of Christian Campbell, another consultant in Dallas. These financial benefits, averaging between $5,000 and $10,000 per month, were never disclosed on the Commissioner’s tax returns or on state-mandated Financial Disclosure Statements that he signed under oath and filed with the County Clerk for public inspection.
Not only did Commissioner Price hide these bribery benefits from the public and the IRS, but he also earned income from other businesses that he kept secret, including a business, Man Male Sales (MMS), operated by Dapheny Fain, his chief of staff. All told, Commissioner Price allegedly took in more than $1.1 million that he did not report, filing false and fraudulent income tax returns for 2007, 2008 and 2009. While Ms. Nealy was paying bribes to Commissioner Price, she actively evaded paying more than $600,000 in income taxes that she admitted owing. The indictment also alleges that Ms. Fain made false statements to special agents with the FBI regarding Commissioner Price’s involvement in MMS.
According to the indictment, Ms. Nealy’s business clients were vendors seeking contracts with Dallas County and businesses pursuing matters on which Commissioner Price voted in Commissioners Court. It alleges that Ms. Nealy arranged meetings, dinners, etc. with Commissioner Price for her corporate clients who had business in front of the Commissioners Court, and many of those meetings occurred during periods when contact with elected officials and other county employees was prohibited because the selection process for bids on county contracts was in progress. Commissioner Price sponsored and advocated Ms. Nealy’s clients’ interests, and he voted on these matters in a matter that benefitted them. In return, the indictment alleges, Ms. Nealy provided Commissioner Price with a stream of benefits, in the form of money, cars, and land, totaling approximately $950,000.
Specifically, Price and Nealy are each charged with one count of conspiracy to commit bribery concerning a local government receiving federal benefits; one count of conspiracy to defraud the IRS, and six counts of deprivation of honest services by mail fraud. In addition, Price is charged with three counts of subscribing to a false and fraudulent U.S. Individual Income Tax Return. Nealy is also charged with one count of attempting to evade or defeat payment of tax. Fain is charged with one count of conspiracy to defraud the IRS and one count of making a false statement. Campbell is charged with one count of conspiracy to commit bribery concerning a local government receiving federal benefits.
An indictment is merely an accusation and a defendant is presumed innocent unless proven guilty in a court of law. However, the penalties upon conviction are: 20 years in federal prison and a $250,000 fine for each count of deprivation of honest services by mail fraud and aiding and abetting; five years in federal prison and a $250,000 fine for each count of conspiracy to commit bribery concerning a local government receiving federal benefits, conspiracy to defraud the IRS, attempting to evade or defeat payment of tax, and making a false statement; and three years in federal prison and a $250,000 fine for subscribing to a false and fraudulent U.S. individual income tax return.
The FBI and IRS-Criminal Investigation are conducting this ongoing investigation. Assistant U.S. Attorneys Walt Junker, Katherine Miller, Jay Dewald and Chad Meacham are prosecuting.
Defendants Enter Guilty Pleas in Child Pornography CasesRead the Press Release
LUBBOCK, Texas — Three defendants charged in unrelated cases appeared yesterday before U.S. District Judge Sam R. Cummings and pleaded guilty to various felony child pornography offenses. In each case, Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report. U.S. Attorney Sarah R. Saldaña of the Northern District of Texas made the announcement today.
Rocky Joe Williams, 37, of Littlefield, pleaded guilty to one count of transportation of child pornography. He faces a statutory penalty of not less than five years or more than 20 years in federal prison, a $250,000 fine and a lifetime of supervised release. Williams, who is on bond, admitted that he used his cell phone and the Google Picasa Web photo-sharing site on the Internet to transport numerous images of child pornography.
Parker James Chapman, 23, of Lubbock, pleaded guilty to an Information charging one count of attempted possession of child pornography and aiding and abetting. He faces a maximum statutory penalty of 10 years in federal prison, a $250,000 fine and a lifetime of supervised release. Chapman, who is on bond, admitted that he used his cell phone to communicate with a person he believed to be a minor, under age 18, after responding to an online personal add. That person, however, was an undercover police officer posing as a 15-year-old female. Chapman requested a photograph of the minor, but after he received a non-sexual image of a minor, Chapman requested something “more interesting.” Chapman admitted that in making this request, it was his intent to receive an image of child pornography.
Christopher Anthony Lovato, 30, of Lubbock, pleaded guilty to an Information charging one count of possession of child pornography and aiding and abetting. He faces a maximum statutory penalty of 10 years in federal prison, a $250,000 fine and a lifetime of supervised release. Lovato, who is on bond, admitted that he used his cell phone to possess numerous images of child pornography that had been received from the Internet.
The cases were brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Lubbock Police Department Internet Crimes Against Children Task Force and the FBI investigated the cases, and the Littlefield Police Department and the Texas Department of Public Safety also assisted in the investigation of the Williams case. Assistant U.S. Attorney Steven M. Sucsy is prosecuting.
Fort Worth Man Admits Running Oil and Gas Ponzi SchemeRead the Press Release
Approximately 45 Investors Invested Approximately $5.8 Million in Fraud Scheme
FORT WORTH, Texas — A Fort Worth man who was arrested in Oregon, where he fled when a fraudulent oil and gas Ponzi scheme he was running began to unravel, pleaded guilty today to one count of wire fraud, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Jeffrey Watts, aka “Jeff Watts,” 41, appeared before U.S. Magistrate Judge Jeffrey L. Cureton this morning and pleaded guilty to a felony information, filed on July 8, 2014, charging one count of wire fraud. He faces a maximum statutory penalty of 20 years in federal prison, a $250,000 fine and restitution. Watts has been in custody since his arrest in Eugene, Oregon, in early May 2014 on charges outlined in a related federal criminal complaint filed in March 2014. Sentencing is set for December 9, 2014.
According to documents filed in the case, beginning in fall 2011 and continuing to December 2013, Watts engaged in a scheme to defraud involving oil and gas investments. He presented himself as the founder and principal of Blue Alpha Energy, falsely representing to investors that the company had invested in oil and gas well in Texas and was owned and/or operated by Arrowhead Productions, a legitimate, but unrelated company based in Fort Worth.
Watts established Blue Alpha Energy and a group of related sham entities to perpetrate his fraud scheme by leading investors to believe they were investing in oil and gas wells owned and/or operated by Arrowhead Productions. For example, Watts represented to investors that Arrowhead LG, LLC was an assumed name or “d/b/a” of Arrowhead Productions, and he possessed documents that bore the purported signature of the actual president of Arrowhead Productions, as the President of Arrowhead LG, LLC.
Watts falsely portrayed these sham entities as legitimate, third party lenders or investors in his alleged oil and gas interests, and he transferred investor funds between these accounts and the accounts of Blue Alpha Energy.
Watts falsely represented to investors that they would receive monthly distributions according to their ownership percentage in oil and gas wells owned and/or operated by Arrowhead Productions. He also duped his business partners and employees into believing his fraudulent representations, causing them to disseminate printed investment information that conveyed his misrepresentations. To further the scheme, Watts made monthly payments to investors in Blue Alpha Energy, using investor funds transferred between bank account of the sham entities he controlled.
Between 2011 and 2013, approximately $5.8 million in investments was raised from approximately 45 investors. However, in December 2013, several investors in Blue Alpha Energy learned Watts never had investment agreements with Arrowhead Productions and, in fact, funneled the investor funds into the sham business entities he controlled.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Since the inception of the FFETF, the Justice Department has filed more than 12,841 financial fraud cases against nearly 18,737 defendants including nearly 3,500 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
The FBI investigated the case; Assistant U.S. Attorney Nancy Larson is in charge of the prosecution.
Federal Jury Convicts Tax PreparersRead the Press Release
Action E-File Services Had Several Locations in North Texas
DALLAS — Following a nearly two-week-long trial, two local tax preparers were convicted this morning by a federal jury in Dallas, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas
Carolyn Joy Clark, the owner of Action E-File service, a tax preparation business with three locations in Irving and Grand Prairie, Texas, was convicted on one count of assisting in the preparation of a false tax return. Mickey Joe Perez, a manager and tax preparer, was convicted on seven counts of the same. Eight former employees have pleaded guilty and are awaiting sentencing: Frances Rodriguez Pineda, Maritza Munoz Villanueva, Clara Elizabeth Carcamo, Hugo Molino, Ivette Ramirez, Jose Paleo, Leslie Cisnero, and Veronica Torres.
The government presented evidence that during the years 2008 through 2010, Action E-File Services electronically filed 54,760 income tax returns for customers. According to testimony from six of the former employees who pleaded guilty, approximately 75 to 90 percent of the returns they prepared contained false deductions or credits.
Further evidence at trial revealed that during this same period, Clark, 72, received $5.5 million in fees from the bank that processed Refund Anticipation Loans for her many customers.
Each count of conviction for Clark and Perez carries a maximum statutory sentence of three years in federal prison and a $250,000 fine. Sentencing is set for November 7, 2014.
Internal Revenue Service Criminal Investigation investigated. Assistant U.S. Attorneys Christopher Stokes and J. Nicholas Bunch prosecuted.
Dallas Man Sentenced to 64 Months in Federal Prison for Robbing A Credit UnionRead the Press Release
DALLAS — Anthony Galloway, 38, of Dallas, was sentenced this morning by U.S. District Judge Sam A. Lindsay to 64 months in federal prison after pleading guilty in February 2014 to one count of bank robbery, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
According to the complaint filed in the case, at approximately 4:00 p.m. on November 15, 2013, a man, later identified as Galloway, entered the Go Federal Credit Union located at 4040 North Central Expressway in Dallas and presented a note to a teller that stated, “I have a gun, give me the money or I’ll shoot you!” Realizing it was a robbery and seeing the robber act as though he were reaching for a gun, the teller, in fear of her life, gave the robber cash from her drawer.
Galloway was arrested a short time later at an apartment on Holmes Street in Dallas.
The FBI, the Dallas Police Department and the Mesquite Police Department investigated. Assistant U.S. Attorney Keith Robinson prosecuted.
Dallas Woman Sentenced to 12 Months in Federal Prison for Committing Perjury Related to Bankruptcy FilingsRead the Press Release
DALLAS — A Dallas woman, Estela Martinez, 54, was sentenced today to 12 months and one day in federal prison following her guilty plea in August 2013 to one count of making a false statement, under penalty of perjury, related to bankruptcy filings. U.S. Attorney Sarah R. Saldaña of the Northern District of Texas, whose office has been placing increased emphasis on investigating and prosecuting bankruptcy fraud, made the announcement today.
Martinez, who had been on pretrial release, failed to appear for her July 9, 2014 sentencing hearing. Following the issuance of an arrest warrant that same day, Martinez was arrested at her home on July 10, 2014. After a hearing on July 11, 2014, the Court revoked her pretrial release and she was remanded into custody pending her sentencing hearing.
According to the original indictment filed in the case, Martinez filed six voluntary bankruptcy petitions: in April 2009, July 2009, January 2011, March 2011, November 2011 and in November 2012. Separate counsel represented her in each of the 2009 filings; she represented herself in each of the 2011 and 2012 filings.
In each of the four 2011 and 2012 filings, according to that indictment, Martinez falsely and fraudulently omitted information concerning previous bankruptcy filings that she was obligated to disclose, under the penalty of perjury. Martinez fraudulently omitted listing her assigned social security number in several of the filed bankruptcy petitions.
Martinez was sentenced today for making a false statement under penalty of perjury in her November 7, 2011 bankruptcy petition, in which she fraudulently concealed that she filed four other bankruptcy cases during the period 2009 through 2011.
This case is one of several felony prosecutions of bankruptcy-related crimes generated by the recent Bankruptcy Fraud Initiative within the Northern District of Texas. Since February 2013, seven debtors have been charged with various felony offenses. Four defendants have entered guilty pleas (two have been sentenced), one defendant is set for trial and two defendants remain in fugitive status with outstanding arrest warrants.
The Social Security Administration, Office of Inspector General, investigated the case. Assistant U.S. Attorney David Jarvis prosecuted.
Former Caseworker for the Dallas Project Reconnect Is SentencedRead the Press Release
Defendant Pleaded Guilty to Witness Tampering, Making a False Statement to HUD and Deprivation Under Color of Law
DALLAS — Lawrence Hart, 37, was sentenced on Monday by U.S District Judge David C. Godbey to serve 15 months in federal prison and ordered to pay $8,619 in restitution following his guilty plea in April 2014 to felony and misdemeanor offenses stemming from his role as a caseworker for an outreach program managed by the City of Dallas’s Housing Department. Hart must surrender to the Bureau of Prisons in mid-October 2014. U.S. Attorney Sarah R. Saldaña of the Northern District of Texas made today’s announcement.
Hart pleaded guilty to one count of witness tampering, one count of making a false statement to the U.S. Department of Housing and Urban Development (HUD) and one count of deprivation of rights under color of law.
According to documents filed in the case, in 2012 and 2013, Hart was a caseworker for Project Reconnect, a HUD-funded outreach program managed by the City of Dallas’s Housing Department. Project Reconnect provides reentry case management and community referrals to help non-violent offenders on parole settle back into the Dallas community. One of the main components of Project Reconnect is to provide housing to eligible individuals. As the program was being applied at the time, to be eligible for Project Reconnect, an individual must reside in Dallas, have felony conviction, be 18 years or older, be currently on parole or probation and meet HUD low to moderate income guidelines.
Hart admitted that in July 2012, he arranged for “Person A” to sign a lease for an apartment in Carrollton, under the Project Reconnect program, even though Person A did not qualify for the program at that time. The apartment’s rent was $980.00 per month, and Project Reconnect was responsible for $975 of that amount and Person A was responsible for $5.00 per month. Hart admitted that while he worked for the City of Dallas’s Housing Authority, he was in fact the sole occupant of that apartment and Person A never resided there. Hart further admitted that he submitted documentation to HUD reflecting that Person A was the sole occupant.
When HUD, the Dallas Police Department (DPD) and the FBI began investigating fraudulent activity related to Project Reconnect, they interviewed Hart about his involvement in Project Reconnect and his potential criminal activity. After that interview, Hart contacted Person A and instructed Person A to lie to a DPD detective and FBI special agent by telling them that Person A lived in the Carrollton apartment.
In late 2012, according to the factual resume filed in the case, Hart met “Person B” and fast-tracked Person B through the Project Reconnect program. While Person B was qualified for the program, Hart propositioned her for sex and expedited her placement in an apartment because she agreed to have sex with him. In January 2013, Person B ended her intimate relationship with Hart. Acting under color of law, Hart removed her from the HUD-subsidized apartment, wilfully depriving her of the right, to be free from discrimination in the terms, condition and privileges of rental of a dwelling because of her sex.
The DPD, HUD and FBI investigated the case. Assistant U.S. Attorney Errin Martin prosecuted.
Licensed Pharmacist Convicted in “Pill Mill” Operation Is Sentenced to 60 Months in Federal PrisonRead the Press Release
DALLAS — A licensed pharmacist, who along with four co-defendants was convicted at trial earlier this year for their roles in a “pill mill” operation in Dallas, was sentenced this afternoon, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Lisa L. Hollier, 44, of Sunnyvale, Texas, was sentenced by U.S. District Judge Barbara M. G Lynn to 60 months in federal prison. She has been in custody since her conviction in February 2014.
Hollier owned and operated Urban Independent Pharmacy (UIP), located at 6300 Samuell Blvd., in Dallas. The jury convicted Hollier on one count of conspiracy to distribute, unlawfully, a controlled substance.
The four co-defendants who were convicted at trial on the same offense, Dallas residents Joesephis Austin, 60, Patricia A. Bryant, 59, and Walter R. Hudspeth, 62, along with Flower Mound, Texas, resident, Jose L. Martinez, 54, are scheduled to be sentenced on September 17, 2014. Each faces a maximum statutory penalty of 10 years in federal prison and a $500,000 fine.
Twelve other defendants charged in the case have pleaded guilty to their respective roles, and they have received sentences ranging from probation to 72 months in federal prison. Fourteen “dealers” were indicted and convicted in the case.
Defendants Austin, Bryant and Hudspeth operated as dealers who recruited “patients,” often from homeless shelters, and drove them in groups to Padron Wellness Clinic (PWC), located at 1000 Emerald Isle Drive in Dallas. Co-conspirators physician Nicolas Alfonso Padron, 54, of Garland, Texas, and Martinez opened PWC in the fall of 2010. PWC operated not as a legitimate medical facility, but as a place to unlawfully obtain controlled substances, such as hydrocodone.
Dr. Padron and Martinez, the PWC’s business manager, charged cash only for office visits in which Dr. Padron would do little to no physical examination and prescribe a “cocktail” of controlled substances, including hydrocodone, a Schedule II controlled substance and alprazolam, a Schedule IV controlled substance. Generally, they charged $250 for a new patient office visit and $185 for an established patient visit.
Typically, the dealers set appointments on PWC’s schedule and brought in multiple patients at a time. The dealers escorted the patients into the clinic, coordinated with Martinez and paid cash for the patients they brought. Dr. Padron would sometimes see two or more patients at a time in one exam room. Patient visits were short in duration and patients normally left with a 30-day prescription of 120 pills of hydrocodone and 30-90 units of alprazolam. Most of the patients were diagnosed by Dr. Padron with lower back pain and anxiety, without regard of their true condition; thus these prescriptions were medically unnecessary and outside the scope of professional practice.
Dr. Padron, who pleaded guilty in September 2013 to his role in this conspiracy and testified at trial, is also scheduled to be sentenced on September 17, 2014. He, too, faces a maximum statutory penalty of 10 years in federal prison and a $500,000 fine on this conviction.
Hollier and Dr. Padron coordinated a procedure for PWC’s staff to fax prescriptions for the controlled substances to UIP. Once Dr. Padron issued the prescriptions, these dealers would drive the patients to UIP to get the prescription filled. Typically, they did this in groups and Hollier had large amounts of hydrocodone and alprazolam in pre-filled bottles ready each day to handle the large groups of dealers and their patients. These dealers furnished the money to pay for the narcotics. Sometimes they paid Hollier directly for the prescriptions. After Hollier filled the prescriptions, the patients would give the dealers the pills that they would sell on the street for a profit.
In a separate and unrelated case, Dr. Padron pleaded guilty in September 2013 to one count of conspiracy to commit health care fraud stemming from his role as medical director of A Medical House Calls, a physician house-call company. Dr. Padron was sentenced in March 2014 to 57 months in federal prison, and he was ordered to pay nearly $9.5 million in restitution to the Centers for Medicare and Medicaid Services (CMS).
The Dallas Health Care Fraud Prevention and Enforcement Action Team (HEAT) Strike Force, which includes the U.S. Department of Health and Human Services - Office of Inspector General (HHS-OIG), the FBI and the Texas Attorney General’s Medicaid Fraud Control Unit, investigated. Assistant U.S. Attorneys Kate Pfeifle and J. Nicholas Bunch are prosecuting.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 1,900 defendants who have collectively billed the Medicare program for almost $6 billion. In addition, HHS’s CMS, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the HEAT Strike Force, see: www.stopmedicarefraud.gov
Prosecution of Methamphetamine DTO Results in Lengthy Federal Prison SentencesRead the Press Release
Large Quantities of Meth, Numerous Firearms and Several Vehicles,
Including a Bentley, Were SeizedDALLAS — The last defendant convicted in a Drug Trafficking Organization (DTO) conspiracy that distributed large quantities of methamphetamine in the North Texas area was sentenced today, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Dallas resident, Lashaun Lamont Warren, 40, was sentenced today by U.S. District Judge Reed C. O’Connor to 120 months in federal prison. Warren pleaded guilty in August 2013 to one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine. All told, defendants convicted in the case, all Dallas residents, received federal prison sentences ranging from 120 months to 292 months, as noted below:
Tony Hernandez, aka “T,” 31, 200 months
Johnny Angel Gamez, 22, 120 months
Sergio Picasso-Nieto, 35, 240 months
Miguel Quintero, aka “Chuckie,” 20, 262 months
Agne Vasquez, 29, 292 months
Andres Vasquez, 45, 151 months
Baltazar Vasquez, 25, 168 months
Roberto Vasquez, aka “Beto/Bubba,” 21, 240 months
Maria Reyna Vasquez, 46, 240 months
All defendants pleaded guilty to their respective roles in the conspiracy, with the exception of defendant Agne Vasquez, who was convicted at trial in September 2013. At the time of his arrest, agents seized multiple firearms, including assault weapons, some of which he posed with on Facebook.
The investigation dates back to 2007, when the Dallas Police Department and the FBI began investigating a large-scale methamphetamine and cocaine trafficking organization operating in the Dallas-Fort Worth metroplex. Tony Hernandez was the organization’s leader, having gained that role after members of the Los Zetas Cartel murdered his brother, Gonzalo Hernandez.
In 2011, the FBI began investigating the Tony Hernandez DTO and learned the organization illegally imported approximately 1,200 kilograms of methamphetamine and multiple kilograms of cocaine from Mexico on a monthly basis. Once the drugs were smuggled across the border, they were transported to various distribution locations in Dallas.
During the course of the investigation, law enforcement also learned that Hernandez acquired multiple kilograms of cocaine and methamphetamine in Houston, Texas, and used members of his DTO to transport it to Dallas for distribution.
The investigation involved numerous undercover purchases involving significant quantities of methamphetamine and large amounts of cash as well as several court-ordered wiretaps. Law enforcement executed federal search warrants at four Dallas residences on Seevers Avenue that were used to store large shipments of cocaine, methamphetamine and large sums of cash derived from the distribution of the illegal narcotics. Law enforcement also executed state search warrants on Alaska Drive in Dallas and at a local residential tower. The investigation resulted in significant seizures of methamphetamine, cocaine, firearms and vehicles, including a Bentley Continental.
The FBI and the Dallas Police Department were in charge of the investigation.
Garland Man in Federal Custody for Possessing Prepubescent Child PornographyRead the Press Release
DALLAS — A Garland, Texas, man, Jonathan Ramirez, 26, was arrested yesterday on a federal complaint charging possession of prepubescent child pornography, announced U.S. Attorney Sarah R. Saldana.
Ramirez, who is in the U.S. illegally, made his initial appearance in federal court this afternoon. He waived his preliminary and detention hearings, and a U.S Magistrate Judge ordered him detained.
Yesterday, special agents with FBI Dallas Child Exploitation Task Force and the Garland Police Department executed a federal search warrant at Ramirez’s home. Law enforcement located and forensically reviewed multiple files of child pornography, including three video files depicting prepubescent child pornography. Ramirez used a peer-to-peer file-sharing program on the Internet to obtain the child pornography.
A federal complaint is a written statement of the essential facts of the offenses charged and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. The maximum statutory penalty for the offense as charged is 20 years in federal prison, a $250,000 fine and a lifetime of supervised release.
The matter was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The FBI Dallas Child Exploitation Task Force and the Garland Police Department are conducting the investigation. Assistant U.S. Attorney Camille Sparks is in charge of the prosecution.
Dallas Man in Federal Custody for Possessing Prepubescent Child PornographyRead the Press Release
DALLAS — A Dallas man is in federal custody after law enforcement executed a search warrant at his residence and found him in possession of prepubescent child pornography, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Jose de Jesus Galicia-Fuentes, 58, was arrested yesterday on a federal criminal complaint charging possession of prepubescent child pornography. He made his initial appearance yesterday afternoon before a U.S. Magistrate Judge in Dallas who ordered him detained pending a hearing set for July 14, 2014.
According to the criminal complaint, an investigation into the sharing of child pornography files using peer-to-peer networks revealed that a user at a particular IP address, later determined to belong to Galicia-Fuentes, was sharing files indicative of child pornography. In April 2014, the user shared at least 27 unique files with keywords or names indicative of child pornography, hash values matching identified child victims, or files containing images previously identified as child pornography. As recently as July 2, 2014, the user was sharing 125 unique files of investigative interest.
Yesterday, special agents with the FBI’s Dallas Child Exploitation Task Force and officers with the Dallas Police Department executed a federal search warrant at Galicia-Fuentes’ apartment in North Dallas. Law enforcement located several videos on Galicia-Fuentes’ laptop depicting prepubescent child pornography.
A federal complaint is a written statement of the essential facts of the offenses charged and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. The maximum statutory penalty for the offense as charged is 20 years in federal prison, a $250,000 fine and a lifetime of supervised release.
The matter was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The FBI’s Dallas Child Exploitation Task Force and the Dallas Police Department are conducting the investigation. Assistant U.S. Attorney Camille Sparks is in charge of the prosecution.
Computer Repairman Sentenced to 15 Years in Federal Prison on Child Pornography ConvictionRead the Press Release
DALLAS — A computer repairman from Dallas was sentenced this morning following his guilty plea in January 2013 to a felony child pornography offense, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Andrew McMahon, 37, was sentenced by U.S. District Judge Reed C. O’Connor to 15 years in federal prison to be followed by a five-year term of supervised release. McMahon pleaded guilty to an information charging one count of transportation of child pornography; he has been in custody since he entered that plea.
According to documents filed in the case, during an undercover investigation to identify persons using peer-to-peer file-sharing networks to distribute child pornography, a special agent with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) identified a computer with more than 300 files available for sharing that had files names indicative of child pornography.
A search warrant was executed at McMahon’s residence in Dallas in October 2012, and ICE HSI special agents seized a significant amount of computer equipment and related storage media, including 45 hard drives. McMahon admitted he used the internet and peer-to-peer file-sharing networks to view, download and distribute child pornography. He also admitted that he had more than 600 images and videos available to share on his file-sharing program. He advised that he had been downloading child pornography since the 1990’s.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
ICE HSI investigated. Assistant U.S. Attorney Camille Sparks prosecuted.
Dallas Man Sentenced to Serve A Total of 24 Years in Federal Prison for Producing and Possessing Child Pornography Involving A Minor Less Than Two Years OldRead the Press Release
DALLAS — James Brian Rivers, 23, of Dallas, was sentenced this afternoon by U.S. District Judge Sam A. Lindsay to serve a total of 288 months (24 years) in federal prison and 15 years supervised release. He pleaded guilty in January 2014 to an indictment charging one count of production of child pornography and one count of possession of prepubescent child pornography. U.S. Attorney Sarah R. Saldaña of the Northern District of Texas made today’s announcement.
Rivers used the camera function on his cell phone to take sexually explicit photos and a video of a 22-month-old child. Rivers left his cell phone at a neighbor’s home in June 2013, and the neighbor looked through the cell phone and observed multiple images of child pornography and called 911. When officers with the Dallas Police Department arrived at the residence, they seized the cell phone and obtained a search warrant for it. A forensic review of the phone revealed multiple images and one video depicting child pornography involving a prepubescent child.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The investigation was conducted by the FBI and the Dallas Police Department. Assistant U.S. Attorney Camille Sparks prosecuted.
Dallas Lawyer Pleads Guilty to Criminal Copyright Infringement Related to Investor Fraud Case Involving Dynasty Spirits, Inc.Read the Press Release
DALLAS — Andrew Lee Siegel, a Dallas attorney, appeared this morning before U.S. Magistrate Judge Paul D. Stickney and pleaded guilty to an information charging one count of felony criminal infringement of a copyright, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
According to documents filed in the case, Siegel, 54, admitted committing the criminal infringement by unlawfully reproducing the writings, letterhead and logos of The Northern Trust Company and the Federal Reserve Bank in several fraudulent and fictitious communications with the intent to deceive the owners of Dynasty Spirits, Inc.
In fall 2010, Siegel established Dynasty Spirits, LLC, and later Dynasty Spirits, Inc. and Speak Easy Distillers, LLC, to facilitate the production and bottling of “Nue Vodka.” In February 2012, Siegel created a private placement memorandum for Dynasty Spirits, Inc. (Dynasty) authorizing the sale of up to $2,000,000 of common stock shares by Dynasty.
From September 2011 through July 2012, Siegel collected approximately $1,595,000 from 35 investors for the sale of Dynasty stock certificates. Siegel concealed from Dynasty owners that he unlawfully used up to $410,000 of that amount for his personal benefit, which he had collected from no more than six of the 35 investors.
For example, on April 11, 2012, Siegel unlawfully used $175,000 previously tendered to Dynasty in order to issue himself 700,000 shares of Dynasty stock on June 15, 2012. As part of a civil settlement in June 2013, Siegel agreed to release and surrender any claim to the 700,000 shares.
In November 2012, Dynasty owners suspected Siegel had unlawfully used investor funds, and when confronted, Siegel falsely stated that he had attempted to wire $185,000 in investor funds to Dynasty but the transfer was misrouted. The following month, Siegel created fraudulent and fictitious emails to Dynasty owners representing he attempted to wire transfer $185,000 from his bank account to the Dynasty owners’ bank account. Some of the fraudulent emails Siegel created contained copyrighted writings and the logo of The Northern Trust Company.
Later that month, Siegel created another fraudulent email to Dynasty owners that contained copyrighted writings, letterhead and logos of the Federal Reserve Bank Services. In fact, Siegel used several fraudulent and fictitious emails that falsely represented to Dynasty owners that he was in contact with The Northern Trust Company and the Federal Reserve Bank Services in connection with his “attempted” $185,000 wire transfer to the Dynasty owners. Siegel engaged in this fraudulent conduct to deceive the owners of Dynasty and convince them that he was making a good faith effort to transfer investor funds to the investors of Dynasty.
In June 2013, Siegel and Dynasty reached a civil settlement in connection with various civil claims and counterclaims arising from Siegel and Dynasty’s business relationship. That settlement was before the commencement of the federal investigation, but only after Dynasty discovered and confronted Siegel about his unlawful use of investor funds.
Siegel faces a maximum statutory penalty of five years in federal prison and a $250,000 fine. He will remain on bond pending sentencing set for October 29, 2014.
The FBI is investigating, and Assistant U.S. Attorney David L. Jarvis is in charge of the prosecution.
Final Guilty Plea Entered in Cocaine Distribution Conspiracy with Ties to Lubbock and Odessa, TexasRead the Press Release
LUBBOCK, Texas— The last of eight defendants charged with various offenses in a cocaine distribution conspiracy that operated in Mexico and in Lubbock, Borger and Odessa, Texas, pleaded guilty today, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Efren Fabela Lopez, 34, of Odessa, pleaded guilty today, before U.S. Magistrate Judge Nancy M. Koenig, to one count of possession of cocaine and aiding and abetting. He faces a maximum statutory penalty of one year in federal prison and a $1,000 fine.
This investigation, led by the Lubbock County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), resulted in the seizure of 30 pounds of cocaine in Lubbock and Odessa that had been brought in from Mexico, 10 firearms and nearly $200,000 in cash in Borger.
Each of the four below-listed defendants pleaded guilty last month to one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine. Each faces a statutory penalty of not less than 10 years and up to life in federal prison and a $10 million fine.
Martin Cardona Gutierrez, 46, of Odessa
Javier Lopez Lujan, 47, of Borger
Refugio Navarrete Gutierrez, 34, of Mexico
Manuel Carillo Ortiz, 38, of Mexico
Defendant, Israel Velasco, 35, of Odessa, pleaded guilty last month to one count of conspiracy to distribute and possess with intent to distribute cocaine. He faces a statutory maximum penalty of 20 years in federal prison and a $1 million fine.
Defendant, Jerardo Salcedo Garcia, 27, of Odessa, pleaded guilty last month to possession with intent to distribute cocaine. He, too, faces a statutory maximum penalty of 20 years in federal prison and a $1 million fine.
Defendant Ismael Velasco, 35, of Odessa, pleaded guilty last month to one count of unlawful use of a communication facility. He faces a statutory maximum penalty of four years in federal prison and a $250,000 fine.
The indictment was dismissed against Gisselle Lujan, 26.
Judge Cummings ordered presentence investigation reports on all the convicted defendants with sentencing dates to be set after the completion of those reports.
The Ector County Sheriff’s Office and the Drug Enforcement Administration assisted the Lubbock County Sheriff’s Office and ATF in the investigation.
Assistant U.S. Attorney Justin Cunningham is prosecuting the case.
Lake Charles Mechanic Pleads Guilty in Obscenity CaseRead the Press Release
LUBBOCK, Texas — A former mechanic from Lake Charles, Louisiana, pleaded guilty in federal court in Lubbock, Texas, today to a federal obscenity charge, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Nicholas W. Schofield, 25, pleaded guilty before U.S. District Judge Sam R. Cummings to one count of attempted transfer of obscene material to a minor. He faces a maximum statutory penalty of 10 years in federal prison, a $250,000 fine and a lifetime of supervised release. Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report. Schofield was released on bond following his arrest in May 2014 in Lake Charles, and remains on bond pending his sentencing hearing.
According to documents filed in the case, in November 2013, a minor female, “Jane Doe,” from San Angelo, Texas, began texting with a person, whom she did not know, who purported to be an 18-year-old mechanic from Louisiana named “Nick.” Nick was in fact, defendant Schofield. They engaged in numerous texting communications until February 2014, when Jane Doe’s communications were assumed by an undercover special agent with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
In the course of his communications with the undercover agent, Schofield sent various sexually explicit images and videos, all the while believing he was communicating with 15-year-old Jane Doe. According to the factual resume filed, the video Schofield sent to the minor is obscene, in that it appeals to a prurient interest in sex, depicts a sexually explicit act and is patently offensive and, taken as a whole, lacks serious literary, artistic, political or scientific value.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
ICE HSI investigated. Assistant U.S. Attorney Steven M. Sucsy is prosecuting.
Federal Jury Convicts Tarrant County Man for Tax EvasionRead the Press Release
FORT WORTH, Texas — A federal jury in Fort Worth, Texas, has convicted Jeffery James on an indictment charging one count of tax evasion, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas. The trial began yesterday morning before U.S. District Judge John McBryde.
According to evidence presented during trial, James, between 2006-2009, embezzled over $250,000 from the Las Colinas Country Club in Irving, Texas, where he was employed as Director of Club Accounting. James evaded assessment and payment of taxes by failing to disclose his stolen money on his federal income tax return.
The government presented evidence at trial that during calendar year 2008, James, a married resident of Richland Hills, Texas, attempted to evade and defeat a large part of the federal income tax he and his spouse owed for calendar year 2007 by filing a fraudulent joint federal income tax return. That return stated, according to evidence presented, their joint taxable income for calendar year 2007 was $57,542, and tax due and owing was $5,639. In fact, as James well knew, their joint taxable income for that year was $153,959, of which tax due and owing was $32,059.
James, who is on bond, faces a maximum statutory penalty of five years in federal prison and a $250,000 fine. Sentencing is set for October 17, 2014.
Internal Revenue Service Criminal Investigation investigated the case. Assistant U.S. Attorneys Chris Wolfe and Doug Allen are prosecuting.
Waxahachie Man Sentenced to 41 Months in Federal Prison on Firearms ConvictionsRead the Press Release
Defendant Possessed Firearms, Large Amount of Chemicals, Supplies and Literature for Bomb Making Purposes
DALLAS — A Waxahachie, Texas, man, who was arrested a year ago after law enforcement discovered a firearm, bomb-making chemicals and related literature in his vehicle, was sentenced this morning in federal court in Dallas, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Clayton Todd Earthman, 25, was sentenced by Chief U.S. District Judge Sidney A. Fitzwater to 41 months in federal prison. He pleaded guilty in March 2014 to one count of possession of a firearm by a prohibited person and one count of possession of an unregistered firearm.
According to documents filed in the case, on the afternoon of June 18, 2013, officers with the Dallas Police Department (DPD) stopped Earthman for committing a traffic violation in the 6600 block of Lovett Avenue in Dallas. Upon removing Earthman from the car, officers located a loaded Glock model 32 .357 pistol from the driver’s side floorboard. Officers also observed several large pieces of PVC pipe, end caps and assorted unknown chemicals in the back seat of the car. Earthman was the sole occupant of the vehicle.
Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were contacted, and upon a search of the car, they discovered fuses, handwritten documents, as well as downloaded material and published documents on how to construct an array of destructive devices and improvised weapons, including grenades.
Earthman advised law enforcement that he was a heroin addict and admitted to using methamphetamine three days three days prior to his arrest. He advised law enforcement, according to the complaint filed in the case, that he is a “Doom’s day prepper,” and that he had more firearms and chemicals at his residence.
Agents searched his residence in Waxahachie and located a Ruger .223 rifle, a black bag with pipes, a jar of Pyrodex, a box of 12.5 pounds of potassium nitrate, two bags of Hexamine, six silver caps, a bag of aluminum powder, a container with carbon steel balls, a box of grenade parts, a box of sodium nitrate, a box with 100 feet of cord, sodium bisulfate, a bottle of Thermite Ignition, assorted rounds of ammunition, black iron oxide, a jar of smokeless powder, a coffee can with nails and small silver pipes, primers, white pellets, peroxide, iodine, match heads, pipe collars, bolts and washers, detonators, a scale and ammonium perchlorate.
On June 20, 2013, ATF agents executed a warrant at an additional residence leased by Earthman in Dallas. In the house, agents located a Taurus revolver, ammunition, fifteen marijuana plants, a package of hexamine, assorted wigs, bomb making supplies, unknown liquids and powder chemicals.
A search of the National Firearms Registration and Transfer Record revealed no firearms or destructive devices registered to Earthman. An ATF Explosive Enforcement Officer (EEO) examined all of the items seized in this investigation and determined that the materials Earthman possessed were consistent with an improvised explosive weapon/destructive device. Because of Earthman’s possession of specialized literature regarding mines, grenades and bobby traps, coupled with the necessary parts and components, the EEO believed Earthman could have readily assembled a functioning explosive device.
ATF and the DPD investigated the case. Assistant U.S. Attorney Taly Haffar prosecuted.
Slaton, Texas, Man Sentenced to 15 Years in Federal Prison for Producing Child PornographyRead the Press Release
LUBBOCK, Texas — Dale Wray Fulford, 77, of Slaton, Texas, was sentenced today by U.S District Judge Sam R. Cummings to 15 years in federal prison, following his guilty plea in March 2014 to one count of production of child pornography. The announcement was made today by U.S. Attorney Sarah R. Saldaña.
Fulford admitted that between February 2013 and early February 2014, he used, persuaded, induced and enticed a female minor, under age 18, to engage in sexually explicit conduct that he recorded on a digital camera.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Lubbock County Sheriff’s Office investigated. Assistant U.S. Attorney Steven M. Sucsy prosecuted.
Former Lubbock Resident Admits Possessing Child Pornography Involving Image of Prepubescent MaleRead the Press Release
LUBBOCK, Texas — A former resident of Lubbock, Texas, appeared today before U.S. District Judge Sam R. Cummings and pleaded guilty to a felony child pornography offense, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Jeremy Daniel Labrec, 23, pleaded guilty to one count of possession of child pornography. He faces a maximum statutory penalty of 10 years in federal prison, a lifetime of supervised release and a $250,000 fine. Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report.
Labrec, who is in custody, admitted that while he lived in Lubbock, he used his cell phone to take a sexually explicit photograph of a prepubescent minor. He further admitted sending that image, via Skype, to an acquaintance who shared his interest in child pornography depicting prepubescent minor males.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The FBI investigated and Assistant U.S. Attorney Steven M. Sucsy is prosecuting.
Dallas Man Sentenced to 336 Months in Federal Prison on Child Pornography ConvictionsRead the Press Release
Defendant Convicted at Trial on Four Child Pornography Offenses
DALLAS — A Dallas man who was convicted at trial in March 2014 on various child pornography offenses, was sentenced today, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Ted Lynn Snider, 44, of Dallas, was sentenced by U.S. District Judge Barbara M. G. Lynn to 336 months (28 years) in federal prison and a 10-year term of supervised release. After a two-day trial followed by less than one hour of deliberation, a federal jury convicted him on two counts of transporting and shipping child pornography, one count of receipt of child pornography and one count of possession of child pornography.
In May 2013, the FBI discovered that a particular individual, later identified as Snider, was online sharing images and videos of young children engaged in vile and graphic sexual acts. On May 29, 2013, the FBI executed a search warrant at Snider’s residence, and while at the residence agents spoke with Snider. He admitted he had been using a file sharing program to trade files depicting child pornography and that he maintained a categorized, child pornography collection on his computer and external hard drives. The FBI seized electronic evidence that contained hundreds of images and videos of child pornography.
During trial, a detective testified he located chat logs between Snider and others with a sexual interest in children who talked about their desire to sexually assault children. They also exchanged child pornography with each other, and in fact, chats between Snider and two individuals were part of the evidence elicited regarding counts two and three. In those chats, Snider and the two other individuals discussed how they wanted to molest the prepubescent children depicted in the photos.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The FBI investigated. Assistant U.S. Attorney Camille Sparks and Deputy Criminal Chief Assistant U.S. Attorney Gary Tromblay prosecuted.
Borger, Texas, Man Sentenced to Five Years in Federal Prison on Child Pornography ConvictionRead the Press Release
AMARILLO, Texas — Aaron Robert Wells, 23, of Borger, Texas, was sentenced today by U.S. District Judge Mary Lou Robinson to five years in federal prison, following his guilty plea in April 2014 to one count of transportation of child pornography. Judge Robinson remanded Wells, who had been on bond, to the custody of the U.S. Marshal. U.S. Attorney Sarah R. Saldaña of the Northern District of Texas made the announcement today.
According to documents filed in the case, in March 2012, Wells was contacted online by an undercover law enforcement officer through file sharing software. Wells had saved numerous images of child pornography on his computer and had made them available for online sharing. Among other images, the undercover officer downloaded two images of minor males engaged in sexually explicit conduct.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The FBI investigated the case, and Assistant U.S. Attorney Steven M. Sucsy of the U.S. Attorney’s Office in Lubbock, Texas, prosecuted.
Federal Jury Convicts A Metroplex Chiropractor and Former Union Representative on Health Care Fraud and Related ChargesRead the Press Release
FORT WORTH, Texas — Following a three-day trial before U.S. District Judge Reed C. O’Connor, a federal jury has convicted Dr. Abbas Zahedi of Carrolton, Texas, and Reginald Guy of Arlington, Texas, on all counts of a superseding indictment charging each with one count of conspiracy to commit health care fraud, five counts of health care fraud and four counts of aggravated identity theft. Following the verdicts, both defendants were remanded to the custody of the U.S. Marshal. U.S. Attorney Sarah R. Saldaña of the Northern District of Texas made the announcement today.
Zahedi, 49, a chiropractor, owned and operated DFW Rehab & Diagnostics (DFW) out of the office of Metroplex DFW Sports Rehab Center (Metroplex) in Arlington and later at a stand-alone location in Grand Prairie, Texas, until it closed in September 2012.
Guy, 44, worked at a factory in Arlington, and from approximately 2003 until 2009, he was a union representative. His employment was terminated in November 2009.
The government presented evidence at trial that from 2009 to 2012, Dr. Zahedi and Reginald Guy, along with four coconspirators, James Sterns, Tina Perkins, Donna Harris and Gregory Wattron, conspired to submit health insurance claims to Blue Cross Blue Shield of Texas (BCBS) and other insurers for services not rendered. Sterns, Perkins, Harris and Wattron have pleaded guilty to their respective roles in the conspiracy and are scheduled to be sentenced by Judge O’Connor on September 15, 2014.
Guy used as his role as a union representative at the factory to recruit and refer his co-workers to Metroplex, where, in exchange for monthly kickbacks, work excuse notes and a variety of prizes, they agreed to allow their insurance company to be billed for services they did not receive.
Sterns, 50, of DeSoto, Texas, owned and operated Metroplex. In early 2010, Sterns hired Guy, whose employment at had been terminated, to be the office manager of Metroplex. Guy served as Metroplex’s office manager from 2010 to mid-2011, shortly before the clinic closed. In March or April 2011, Dr. Zahedi hired Guy as a consultant for DFW at its Grand Prairie location. After Guy began working for Dr. Zahedi, Guy helped transfer patients and patient information from Metroplex to Dr. Zahedi at DFW, where the fraudulent referral and billing scheme continued.
Tina Perkins, 43, of Dallas, was responsible for submitting claims to insurance companies and also worked as the biller and office consultant for Dr. Zahedi at DFW. Perkins’ sister-in-law, Donna Harris, 43 of Haltom City, Texas, permitted Metroplex, in exchange for cash payments, to submit claims to BCBS for services purportedly performed by Dr. Zahedi and Wattron, when in fact she received no treatment. In early 2011, Dr. Zahedi hired Harris to be the office manager at DFW’s location in Grand Prairie. As such, she continued to allow Dr. Zahedi to submit claims under her name to BCBS for services that were not performed. Harris also permitted Dr. Zahedi to submit claims to BCBS for Harris’ immediate and extended family members for services they did not receive. Wattron, 56, of Grapevine, Texas, was an occupational therapist at Metroplex from approximately 2008 until July 2011 and at DFW from June 2010 through August 2011. Wattron agreed to allow Sterns and Dr. Zahedi bill insurance companies for occupational therapy that he did not perform.
Dr. Zahedi and Guy face a maximum statutory penalty of 10 years in federal prison and a $250,000 fine for the conspiracy count and each of the substantive health care fraud counts. Each count of aggravated identity theft carries a maximum statutory penalty of two years. They are scheduled to be sentenced on November 17, 2014.
The FBI and the Office of Personnel Management - Office of Inspector General investigated. Assistant U.S. Attorney Nancy Larson and Special Assistant U.S. Attorney Douglas Brasher are prosecuting the case.