Western District of Virginia
Press releases recorded for this federal judicial district.
Bristol, Virginia Man Sentenced on Child Pornography ChargesRead the Press Release
ABINGDON, VIRGINIA – Jonathan Neal Sexton, a Bristol, Virginia man, who corresponded with and sent lewd pictures to an FBI employee he believed to be a 14-year-old girl, was sentenced yesterday in federal court to 144 months in federal prison after previously pleading guilty to a series of charges related to the distribution and possession of child pornography. United States Attorney Thomas T. Cullen and David W. Archey, Special Agent in Charge of the FBI’s Richmond Division made the announcement.
Sexton, 33, pleaded guilty in June 2020 to two counts of distributing child pornography and one count of possessing child pornography.
According to court documents, between February 2020 and May 2020, Sexton used the chat application KIK to correspond with who he believed to be a 14-year-old female. The 14-year-old was actually an undercover employee of an FBI Human Trafficking & Child Exploitation Task Force. During these chats, despite the “teen” being in the “clean area” of the KIK app, Sexton engaged the “teen” in conversations about masturbation, sex toys, sexual intercourse, and other topics. He also sent pictures of sex toys and videos of himself masturbating. He routinely asked the “teen” to send him nude pictures and referenced the time when they could see each other and engage in sexual conduct. On multiple occasions, Sexton sent the “teen” pictures of prepubescent females nude and engaging with prepubescent males in sexual conduct.
The investigation of this case was conducted by the Federal Bureau of Investigation, Virginia State Police, United States Marshal’s Service, and the Bristol, Virginia Police Department. Assistant United States Attorneys Zachary T. Lee and Lena Busscher prosecuted the case for the United States.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child 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 exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
First Assistant United States Attorney Daniel P. Bubar Named Acting United States Attorney for the Western District of VirginiaRead the Press Release
ROANOKE, Va. – First Assistant United States Attorney Daniel P. Bubar will serve as the Acting United States Attorney for the Western District of Virginia, effective September 15, 2020 at 12:00 p.m. He is assuming the office under the Federal Vacancies Reform Act, 5 U.S.C. § 3345.
Mr. Bubar will replace outgoing United States Attorney Thomas T. Cullen, who resigned earlier this week after being confirmed by the United States Senate as a District Court Judge.
“Dan Bubar is a career federal prosecutor and an outstanding choice to serve as the chief federal law enforcement officer in western Virginia,” U.S. Attorney Cullen stated today. “As my first assistant, Dan has effectively managed the day-to-day operations of the office, and he has the full support of the dedicated civil servants who work here.”
“It is an honor to serve as acting U.S. Attorney, and we will continue the good work carried out by the office under the steady leadership of Thomas Cullen these last two and a half years,” Mr. Bubar said today. “While we are sad to see Thomas leave, we wish him the very best in his new role as district judge. Reducing gun violence and fighting the opioid epidemic with our federal, state and local law enforcement partners will remain our top priorities.”
Mr. Bubar has served the Department of Justice since 2010, working in both the Western District of Virginia and Eastern District of North Carolina. During his tenure, Mr. Bubar has served in both the criminal and civil divisions and handled some of the Western District of Virginia’s most complex matters, including health care fraud, narcotics, firearms, and national security prosecutions.
Prior to his federal employment, Mr. Bubar began his career in the Chicago office of McGuireWoods LLP from 2004-2010, representing clients in business and health care litigation across the country.
He earned his J.D. from the Notre Dame Law School and a Bachelor of Arts degree from Taylor University in Upland, Indiana.
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U.S. Attorney Thomas T. Cullen Announces DepartureRead the Press Release
ROANOKE, VIRGINIA. – U.S. Attorney Thomas T. Cullen announced today that he is resigning from the Department of Justice, effective Tuesday, September 15, at 12:00 p.m. Cullen, 43, who has served as U.S. Attorney for the Western District of Virginia since March 30, 2018, made this announcement following his Senate confirmation to become a U.S. District Judge in the Western District of Virginia.
“U.S. Attorney Thomas Cullen has served the Department of Justice and the citizens of the Western District of Virginia with honor and distinction,” U.S. Attorney General William P. Barr said today. “During his tenure, the office made meaningful strides towards reducing violent crime, mitigating the opioid epidemic, and increasing cooperation among federal, state, and local law-enforcement agencies. As he moves into his new role as a federal district judge, I am confident that he will remain steadfast in his commitment to equal justice and the rule of law.”
“Serving as U.S. Attorney has been the highlight of my career,” Cullen stated today. “I am enormously proud of the dedicated public servants in this office and the work that they—along with our many brave law-enforcement partners—do to protect the public.”
Under Cullen’s leadership, the U.S. Attorney’s Office focused on implementing the Attorney General’s priorities of combatting violent crime and the opioid epidemic. He also personally directed the federal civil rights prosecutions stemming from the August 2017 “Unite the Right” rally in Charlottesville.
As part of the national Project Safe Neighborhoods (PSN) program, Cullen and the prosecutors in his office have worked closely with federal, state, and local law enforcement in the Roanoke Valley, the Danville-Pittsylvania County region, and the greater Lynchburg area to identify individuals and groups responsible for committing violent, firearms, gang-related, and serious drug offenses and prosecute them in federal court. These coordinated efforts led to a significant increase in the number of defendants prosecuted by the U.S. Attorney’s Office, from 267 in fiscal year 2018, to 410 in 2019 (a 54 percent increase overall), and contributed to a substantial decrease in the rate of violent crime in Danville over a similar time period.
U.S. Attorney Cullen also directed a multifaceted federal response to the opioid epidemic that has ravaged the region over the past several years. His prosecutors have obtained convictions of over a dozen physicians and other health-care providers for the unlawful distribution of controlled substances and related criminal conduct. The office also has secured convictions and civil settlements against numerous corporate entities engaged in the unlawful distribution of controlled substances. In recognition of this hard work and the office’s long track record of success in prosecuting corrupt medical providers, Attorney General William P. Barr, in April 2019, announced that he would expand DOJ’s Appalachian Regional Prescription Opioid Strike Force (ARPO) to the Western District of Virginia. The ARPO Strike Force is composed of prosecutors and data analysts from DOJ’s Health Care Fraud Unit who deploy to participating districts to support the prosecution of individuals and organizations engaged in the unlawful distribution of opioids. With these additional investigative resources, the U.S. Attorney’s Office has been able to increase the number of prosecutions in this critical area.
In addition to its enforcement efforts, the U.S. Attorney’s Office, under Cullen’s leadership, has productively collaborated with local community groups and treatment advocates on effective opioid prevention and recovery initiatives. In late 2018, U.S. Attorney Cullen convened a meeting with leaders from Carilion Clinic in Roanoke and public-health officials from Buffalo, NY, to discuss “Buffalo Matters,” a community-based program designed to aid patients with opioid-use disorder through rapid referrals from emergency rooms to community-based clinics upon discharge. As a result of this meeting and Carilion’s commitment to implementing the Buffalo Matters model, Roanoke Memorial Hospital has made significant progress in directing opioid-use disorder patients to treatment programs and, in turn, significantly reducing the number of ER visits. The office also recently announced the formation of a Heroin Education Action Team (HEAT), a partnership between the U.S. Attorney’s office and families who have lost love ones to opioid overdose. Once in-person classroom instruction resumes, the HEAT team will deploy to school districts around the region and speak to students and their families about the dangers and tragedies associated with opioid use. Cullen was also proud to partner with Chief U.S. District Judge Michael F. Urbanski and the federal public defender to launch a federal drug-treatment court, one of only a handful of federal drug courts nationwide.
Cullen also devoted a significant amount of his time to the “Unite the Right” prosecutions. In July 2019, his prosecution team obtained a life sentence for James Fields Jr., who perpetrated an act of domestic terrorism in Charlottesville that killed 32-year-old Heather Heyer and seriously injured over 30 peaceful protestors. They also successfully prosecuted several members of the militant white-supremacist group the Rise Above Movement (RAM), who traveled from California and committed numerous acts of violence. He and his team also convicted an avowed white supremacist on civil rights and cyberstalking charges for threatening a prospective candidate for the Charlottesville City Council and the minor autistic daughter of a community activist. Cullen, who served on DOJ’s Domestic Terrorism Executive Committee while U.S. Attorney, was particularly outspoken about the alarming rise of violence by white supremacists in the United States.
In addition to these successful prosecutions, the office’s civil division has significantly increased its efforts in the areas of civil fraud enforcement and federal debt collection. In April 2020, the division announced a landmark $5 million settlement with a group of 24 coal companies owned and operated by the family of West Virginia Governor Jim Justice for unpaid violations of the Federal Mine Safety and Health Act. The division’s newly reconstituted affirmative civil enforcement (ACE) group has also successfully assessed monetary penalties against medical professionals, hospitals, and pharmacies for violations of the Controlled Substances Act and health-care fraud.
As U.S. Attorney, Cullen widely traveled the district to meet with his federal, state, and local law-enforcement counterparts. He visited over 50 local commonwealth’s attorneys’ offices during his tenure and met with scores of local sheriffs, police chiefs, and other community officials. Several of his key law-enforcement partners reacted to today’s announcement:
“Over the last several years, Thomas Cullen and the office he runs have provided the type of law enforcement leadership that has made Americans in general, and Virginians in particular, safer,” said David W. Archey, Special Agent in Charge of the FBI’s Richmond Division. “Mr. Cullen is a true partner to the FBI and a professional. He is aggressive though not a zealot, he seeks just outcomes, and he executes his authority with humility. Each of these qualities will continue to serve our country and our Commonwealth well from the Bench.”
“I congratulate U.S. Attorney Cullen on his appointment to the Federal bench and thank him for his steadfast support to both myself and the ATF Washington Field Division,” said Ashan M. Benedict, Special Agent in Charge of ATF’s Washington Field Division. “Working together, we successfully coordinated the investigation and prosecution of an ever-increasing number of criminal cases within the Western District of Virginia – a testament to our mutual commitment to public safety and the rule of law. I wish Thomas all the best as he continues his distinguished career in public service.”
“In 2016 and 2017, the City of Danville, Virginia, was experiencing an extreme surge in violent crime, specifically gang related violent crime. Homicides and shootings were becoming a regular occurrence, and our community was suffering. In 2018, working with the Office of the United States Attorney for the Western District of Virginia, under the leadership of Thomas Cullen, we were able to effectively prosecute several high-ranking gang members for these violent crimes, as a result, our community is now a much safer place,” said Danville Police Chief Scott C. Booth. “In 2019, our community experienced a 31 percent reduction in homicides, a 42 percent reduction in aggravated assaults, and a 63 percent reduction in robberies. Danville is a much safer place now because of Thomas Cullen and his leadership. Danville Police Department’s efforts including the implementation of Project Safe Neighborhoods have resulted in drops in every violent crime category from 2018 to 2019.”
“I would like to offer my congratulations to Mr. Cullen on his confirmation as a federal judge. During his time as U.S. Attorney, Mr. Cullen has worked closely with local law enforcement to ensure that those people who victimize our citizens are brought to justice,” said Roanoke County Police Chief Howard B. Hall. “His contributions to our regional efforts have led to the successful conclusion of numerous significant investigations. He has been a great partner. While we will miss him locally, I am confident that he will make great contributions to our criminal justice system as a judge.”
“My staff and I have had the opportunity to work with Mr. Cullen in his capacity as the U.S. Attorney for the Western District of Virginia. Our region, like many other communities in the country, has been plagued by heroin trafficking and the devastation that it has on families,” said Shenandoah County Sheriff Timothy Carter. “As the U.S. Attorney, Mr. Cullen has been extremely sensitive to this devastation, and has worked hard to bring federal resources to bear, making a local impact in both enforcement for traffickers, and treatment for those addicted. Mr. Cullen is straight-forward, honest, and practical. He has a temperament and organizational skills to be a solid member of the federal judiciary. He makes sound and lawful decisions.”
“It has been a true pleasure working with U. S. Attorney Thomas Cullen these past 2 years. He was highly responsive and open to discuss partnerships that furthered community safety in Lynchburg,” said Bethany Harrison, Commonwealth’s Attorney for the City of Lynchburg. “It is no surprise to me that he was confirmed for a Federal Judgeship. We will miss him terribly and wish him the best in his new endeavor.”
Attorney General Barr will announce Cullen’s replacement in the coming days.
Florida Man Pleads Guilty to CyberstalkingRead the Press Release
CHARLOTTESVILLE, Va. – Agustin Alberto Lainez, a Florida man who harassed a Charlottesville-area woman and threatened to physically harm her and expose publicly her personal information, pleaded guilty yesterday in U.S. District Court here to federal cyberstalking. United States Attorney Thomas T. Cullen and David W. Archey, Special Agent in Charge of the FBI’s Richmond Division made the announcement today.
“This defendant used a keyboard to harass the victim in this case with remarkable cruelty, to the point of causing her panic attacks—all while trying to hide in the shadows of the internet,” First Assistant United States Attorney Daniel P. Bubar said today. “This abhorrent conduct of extortion and blackmail is just as wrong in cyberspace and will be punished accordingly. I am proud of the work of the FBI for bringing this defendant to justice and allowing the victim at least some semblance of peace.”
Lainez, 22, of Sanford, Fla., pleaded guilty yesterday to one count of cyberstalking. At sentencing, Lainez faces a maximum possible penalty of up to five years in prison and/or a fine of up to $250,000, as well as a period of supervised release.
According to court documents, in approximately September 2019, Lainez became friends with the Victim online, and the two started talking through Twitter Direct Messages (DMs). In January 2020, Lainez requested a nude photograph of the Victim. The Victim initially declined but later relented.
Over the next several weeks, Lainez asked if the Victim would have a sexual relationship with him and informed the Victim that he would only be able to “move on” and be friends with the Victim if they had sexual intercourse. When the Victim declined his advances, Lainez demanded a nude video, threatening to expose the Victim’s personal information if she did not send nude videos as he had demanded.
The Victim still declined.
When threats of exposure failed to work, Lainez threatened physical harm. On February 21, 2020, Lainez sent a Twitter DM to the Victim showing a screenshot in which Lainez is directing other Twitter users to “please beat [her] ass…” In another Twitter DM, Lainez threatened to rape the Victim.
In another screenshot, Lainez sent the Victim what appears to be a “Notes” page that included the Victim’s name, high school, city of residence, university, telephone number, and other sensitive information. Lainez added a message, “On my draft ready go go [sic] and I’m adding more.” Fearful that Lainez would follow through with his threats, the Victim gave in to Lainez’s demand for a nude video of herself. However, this did not stop Lainez’s abusive behavior, which continued on an almost daily basis for weeks.
In his Twitter DMs, Lainez repeatedly admitted that he was extorting the Victim. For example, in one DM, Lainez stated that he was going to “keep Blackmailing you and adding things for you to do whenever you lie or I think you’re lying to me.” In another DM, Lainez wrote, “Lowkey hate this and like it at the same time, I just wish I didn’t have to literally blackmail you for you to tell me the truth and not be a whore lol.”
As a result of his actions, the Victim lived in constant fear, was subject to emotional distress, and suffered panic attacks.
The investigation of the case was conducted the Federal Bureau of Investigation. Assistant United States Attorney Heather L. Carlton is prosecuting the case for the United States.
City of Lynchburg Awarded $632,496 from Department of Justice’s Office of Violence Against WomenRead the Press Release
LYNCHBURG, Va. – The Department of Justice’s Office of Violence Against Women (OVW) announced the awarding of a $632,496 continuation grant to the City of Lynchburg to fund a program aimed at improving criminal justice responses to domestic violence, dating violence, sexual assault, and stalking.
The program aims to enhance victim safety and offender accountability in cases of domestic violence, dating violence, sexual assault, and stalking by encouraging jurisdictions to work collaboratively with community partners to identify problems and share ideas that will result in effective responses to these crimes. An integral component of this program is the creation and enhancement of a coordinated community response that brings together criminal justice agencies, victim service providers, and community organizations that respond to domestic violence, dating violence, sexual assault, and stalking.
“Ending domestic violence requires a multi-faceted approach. Federal prosecution is often not available in these horrific cases, but this grant will go a long way in Central Virginia to aid those on the front lines who are fighting against the scourge of domestic violence,” First Assistant United States Attorney Daniel P. Bubar said today.
The City of Lynchburg, in collaboration with its non-profit, non-governmental victim service provider partner the YWCA of Central Virginia, will use this continuation award to educate stakeholders concerning the challenges and unique dynamics of intimate partner violence, evaluate the overall coordinated response from the standpoint of victim safety, and implement early intervention strategies to address intimate partner violence.
For more information about this grant, contact the Office on Violence Against Women at 202/307-6026 and ask for the Outreach and Communications Division.
Fraud Alert: Scammers Claiming to be with DOJ, Preying on ElderlyRead the Press Release
ROANOKE, Va. – The Office of Justice Programs’ Office for Victims of Crime (OVC) has received multiple reports that individuals claiming to represent the Department of Justice are calling members of the public as part of an imposter scam. The Department strongly encourages the public to remain vigilant and not provide personal information during these calls, which appear to be targeting the elderly.
Reports to the National Elder Fraud Hotline indicate these scammers falsely represent themselves as Department of Justice investigators or employees and attempt to obtain personal information from the call recipient, or they leave a voicemail with a return phone number. The return phone number directs users to a recorded menu that matches the recorded menu for the Department’s main phone number. Eventually, the user reaches an “operator” who steers the user to someone claiming to be an investigator. That “investigator” then attempts to gain the user’s personal information.
“It is unconscionable that anyone would seek to prey upon elderly victims. We will continue to work closely with our federal, state and local partners to make sure we prevent and limit the damage done by this fraud scheme, and hold anyone who has participated accountable,” First Assistant United States Attorney Daniel P. Bubar said today. “Please watch out for this scam, and do not be fooled by scammers seeking your personal information – whether they are calling while posing as a DOJ employee or otherwise.”
Those who receive these calls are encouraged not to provide personal information and to report these scams to the FTC via their website or by calling 877–FTC–HELP (877-382-4357). Fraud can also be reported to the FBI for law enforcement action at https://www.justice.gov/criminal-fraud/report-fraud.
The National Elder Fraud Hotline is a resource created by OVC for people to report fraud against anyone age 60 or older. Reporting certain financial losses due to fraud as soon as possible, and within the first 2–3 days, can increase the likelihood of recovering losses. The hotline is open seven days a week. For more information about the hotline, please visit https://stopelderfraud.ovc.ojp.gov/.
For local information from the United States Attorney’s Office for the Western District of Virginia, please visit: https://www.justice.gov/usao-wdva
USP Lee Inmate Sentenced for Possessing with Intent to Distribute Heroin, Amphetamine and Methamphetamine and for Possessing Prohibited Objects in PrisonRead the Press Release
ABINGDON, Va. – Robert Barnes, an inmate at United States Penitentiary Lee in Jonesville, Virginia was sentenced last week for possessing with the intent to distribute heroin, amphetamine, and methamphetamine within the prison and for possessing prohibited objects in prison, United States Attorney Thomas T. Cullen announced today.
Barnes, 45, was sentenced in the United States District Court for the Western District of Virginia in Abingdon to a total term of 180 months imprisonment and a 3-year term of supervised release.
The investigation of the case was conducted by the Federal Bureau of Prisons. Special Assistant United States Attorney Debbie Stevens prosecuted the case for the United States.
Opioid Manufacturer Indivior’s Former Global Medical Director Pleads Guilty in Connection with Drug Safety ClaimsRead the Press Release
ABINGDON, VIRGINIA – Timothy Baxter, the former global medical director of Indivior, pleaded guilty today in U.S. District Court in Abingdon to a one-count misdemeanor information charging him with causing the introduction into interstate commerce of the opioid drug Suboxone Film, which was misbranded in violation of the Federal Food, Drug, and Cosmetic Act. Indivior’s former chief executive officer, Shaun Thaxter, recently pleaded guilty to a similar charge.
Baxter was the top medical executive of Indivior (formerly known as Reckitt Benckiser Pharmaceuticals) from 2000 until he left the company in May 2016. Indivior and one of its subsidiaries have agreed to pay $600 million to resolve their criminal and civil liability, with the subsidiary pleading guilty to making false statements relating to health care matters. Indivior’s former parent company, Reckitt Benckiser Group, previously paid $1.4 billion to resolve its liability.
Suboxone Film is a drug approved for use by recovering opioid addicts to avoid or reduce withdrawal symptoms while they undergo drug-addiction treatment. Suboxone and its active ingredient, buprenorphine, are powerful and addictive opioids.
According to court documents, Baxter admitted that an Indivior employee he supervised sent inaccurate drug-safety information to the Massachusetts Medicaid agency, MassHealth, in 2012. More specifically:
- Baxter was familiar with the issue of unintended pediatric exposure – meaning children taking drugs by accident – and worked on it over several years.
- In 2012, Indivior had a contractor collect data on unintended pediatric exposure to buprenorphine drugs, with Baxter approving the project.
- In October 2012, an Indivior medical affairs manager who Baxter supervised met with MassHealth, and urged it to expand its coverage of Suboxone Film. In connection with the meeting, the medical affairs manager asked Indivior’s contractor for data on unintended pediatric exposure for data on Massachusetts. The contractor sent the data to the medical affairs manager. The data showed that other buprenorphine drugs – not Suboxone Film – had the lowest rate of unintended pediatric exposure in Massachusetts. But the medical affairs manager changed the data to make it appear that Suboxone Film had the lowest rate of unintended pediatric exposure in Massachusetts, and emailed the altered, inaccurate data to MassHealth. The medical affairs manager forwarded the email to Baxter, stating, “I hope this helps us get some movement” on expanding MassHealth coverage of Suboxone Film.
- Then in November 2012, the medical affairs manager emailed MassHealth an incomplete graph that intentionally omitted more data on unintended pediatric exposure that was arguably unfavorable to Suboxone Film. Baxter did not receive the email; but in another context, Baxter approved of using a similarly incomplete graph.
- Then, the following quarter, the medical affairs manager received still more data showing that other buprenorphine drugs had lower rates of unintended pediatric exposure than Suboxone Film in Massachusetts. The medical affairs manager withheld the data from MassHealth, and later stated in a speech at an Indivior corporate conference that her rationale was “don’t ask, don’t tell.”
- In December 2012, MassHealth announced that it would expand coverage of Suboxone Film for patients with children under the age of six.
- With Baxter’s approval, Indivior sent a correction letter to MassHealth in December 2015. By that time, the company had come under government investigation.
“Pharmaceutical company executives have a responsibility to ensure that their products are truthfully marketed, especially when those products are addictive opioids,” said Deputy Assistant Attorney General Daniel J. Feith of the Civil Division’s Consumer Protection Branch. “The Department of Justice will vigilantly protect public health by investigating and pursuing conduct associated with false and misleading drug claims.”
“Health care providers and insurers rely on pharmaceutical manufacturers for honesty and accuracy when they provide information, which is particularly crucial when a company markets a powerful opioid,” First Assistant Daniel Bubar said today. “Timothy Baxter failed to ensure Indivior provided accurate information to a major insurance provider. This is especially troubling, given Baxter’s long-time role as global medical director for the company. I am again proud of the extensive efforts of the investigative team, which shows we will not tolerate companies or executives who break the law by placing profits over honesty.”
“The opioid crisis has devastated families and communities across Virginia and around the country,” said Virginia Attorney General Mark Herring. “Opioid manufacturers and their executive leadership capitalized off of the opioid epidemic to sell more product, putting profits over safety. I am proud of the work my Medicaid Fraud Control Unit has done on these important cases and I want to thank our local, state and federal partners for their continued partnership.”
“Opioid addiction and abuse is a serious public health crisis and addressing it is one the FDA’s highest priorities. Providing misleading information about drugs used to treat opioid addiction could ultimately exacerbate the problem by making these treatments more difficult to obtain,” said Catherine Hermsen, Assistant Commissioner of the FDA’s Office of Criminal Investigations. “We will continue to work with the Department of Justice to investigate and hold accountable those who devise and participate in fraud schemes to the detriment of the public health.”
“The multiple Indivior prosecutions illustrate the hard work and dedication of investigators who focused on the case,” said Elton Malone, Assistant Inspector General for Investigations with the Office of Inspector General of the U.S. Department of Health and Human Services. “This resolution is emblematic of law enforcement’s continued focus on this opioid epidemic, and serves as a warning to those who would flout the law.”
“The Postal Service spends billions of dollars per year on health care related costs for its employees. It is the responsibility of special agents with the USPS OIG to ensure those dollars are paid to providers that follow the rules and regulations, and don’t try to cheat the government,” said U.S. Postal Service Office of Inspector General (USPS OIG) Special Agent in Charge Kenneth Cleevely, Eastern Area Field Office. “When we discover someone is trying to obtain money they are not entitled to, we will aggressively pursue them in coordination with our law enforcement partners, and seek their criminal prosecution when appropriate. This case should serve notice to other pharmaceutical providers that we are watching you, and we will find you if you try to cheat.”
The case against Baxter is being prosecuted by attorneys from the U.S. Attorney’s Office for the Western District of Virginia, Virginia Attorney General’s Office, and the Department of Justice Civil Division’s Commercial Litigation Branch and Consumer Protection Branch, including Albert P. Mayer, Randy Ramseyer, Kristin L. Gray, Joseph S. Hall, Janine M. Myatt, Garth W. Huston, Carol Wallack, Jill P. Furman, Charles J. Biro, and Matthew J. Lash. The investigation of Baxter was handled by the FDA’s Office of Criminal Investigations; the Virginia Medicaid Fraud Control Unit; the United States Postal Service- Office of Inspector General; and the U.S. Department of Health and Human Services - Office of Inspector General. Assistance was provided by representatives of the FDA’s Office of Chief Counsel.
- Baxter was familiar with the issue of unintended pediatric exposure – meaning children taking drugs by accident – and worked on it over several years.
Florida Man Sentenced for Racially-Motivated Interference with Election in Charlottesville, Virginia and for Cyberstalking in FloridaRead the Press Release
CHARLOTTESVILLE, VIRGINIA – Daniel McMahon, 32, was sentenced today in federal court in the Western District of Virginia to 41 months of imprisonment for threatening an African-American Charlottesville City Council candidate because of his race and because he was running for office, and for cyberstalking a separate victim through Facebook messenger, the Justice Department announced today. Following his term of incarceration, McMahon will be placed on three years of supervised release, during which time he will be prohibited from using internet-capable devices without prior court approval.
“Americans have the right to run for office in this country without facing racially-bigoted threats of violence,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Furthermore, no American should have to live with hateful threats of sexual violence for opposing white nationalism. The Justice Department will continue vigorously to prosecute anyone who attempts to infringe on these civil rights and thereby undermine our democracy.”
“The hallmark of our Nation’s democracy is the right to peacefully protest and engage in an effective exchange of ideas via the political process,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “When either of these rights are infringed, and individuals are targeted, intimidated, or threatened because of their race/ethnicity or beliefs, the cornerstone of our system is put at risk. Today’s sentence demonstrates our intent to work together to preserve our Nation’s founding principles and ensure that all citizens are protected under the law.”
“This defendant weaponized social media to threaten and intimidate his perceived political enemies and propagate a violent white-supremacist ideology,” said U.S. Attorney Thomas T. Cullen of the Western District of Virginia. “Because his online activity crossed the boundary between protected First Amendment expression and unlawful threats and harassment, he will spend considerable time in federal prison.”
“The FBI applauds the sentencing in this case and remains steadfast in its commitment to protecting the civil rights of all Americans,” said Special Agent in Charge David W. Archey of the FBI’s Richmond Division. “We also commend the courage of the victims who come forward to report these threats. We are grateful for our partners with the Department of Justice, the FBI Tampa Division and the U.S. Attorney's Offices in Virginia and Florida for their support during this investigation.”
On April 30, 2020, the defendant pled guilty to one count of racially-motivated threats to interfere with an election, and one count of cyberstalking. At the plea hearing, the defendant admitted that he uses the online pseudonyms “Jack Corbin,” “Pale Horse,” “Restore Silent Sam,” and “Dakota Stone,” to promote white supremacy and white nationalist ideology, and to express support for racially-motivated violence. The defendant admitted that in January 2019, upon learning that D.G., an African-American resident of Charlottesville, Virginia, planned to announce his candidacy for city council, the defendant used his Jack Corbin account on the social media platform Gab to threaten violence against D.G. because of D.G.’s race and because D.G. was running for office. The defendant admitted that his posts used racial slurs and invoked long-standing racial stereotypes, and that he intended for D.G. to understand his posts as threats to his safety.
In addition, the defendant admitted to using his “Restore Silent Sam” Facebook account to cyberstalk a person identified in court documents as Victim 2. In connection with this charge, the defendant admitted that he used Facebook to send Victim 2 numerous intimidating and threatening messages that placed Victim 2 in reasonable fear of harm to Victim 2’s minor child. The defendant acknowledged that Victim 2 has been active in countering white nationalist rallies in her community. The defendant admitted that, because of Victim 2’s activism, he began an online campaign to intimidate her and to extort information from her about her fellow activists. This included sending Victim 2 numerous messages over the course of twelve days in which he threatened to sexually assault Victim 2’s minor daughter, who has autism. The defendant admitted that, at around the same time that he sent these messages, he also used the internet to conduct searches relating to sexual contact with girls who have autism. The defendant admitted that his messages reasonably caused Victim 2 serious emotional distress and fear for Victim 2’s child’s safety.
This case was investigated by the FBI and was prosecuted by U.S. Attorney Thomas T. Cullen of the Western District of Virginia; Assistant U.S. Attorney Christopher Kavanaugh of the Western District of Virginia; Assistant U.S. Attorney Daniel George of the Middle District of Florida; and Trial Attorney Risa Berkower of the U.S. Department of Justice’s Civil Rights Division.
University of Virginia Researcher Charged with Theft of Trade Secrets and Computer IntrusionRead the Press Release
CHARLOTTESVILLE, Va. – Haizhou Hu, a Chinese national conducting research at the University of Virginia, was arrested today and charged via criminal complaint with a pair of federal crimes just days after he attempted to board a flight to China. United States Attorney Thomas T. Cullen and David W. Archey, Special Agent in Charge of the FBI’s Richmond Division announced the arrest.
Hu, 34, is charged with accessing a computer without authorization, or exceeding authorization to obtain information from a protected computer and theft of trade secrets.
According to court documents, investigators first became aware of Hu, who is in the United States conducting research studying bio-mimics and fluid dynamics at the University of Virginia, on August 25, 2020 when he attempted to board a flight to China at Chicago’s O’Hare International Airport. A routine screening conducted by authorities revealed that Hu was alleged to be in possession of bio-inspired research simulation software code that he was not authorized to possess, and which represented the result of years of research and resources in its development by members of the University of Virginia academic community.
The investigation of the case is being conducted by the Federal Bureau of Investigation. First Assistant United States Attorney Daniel P. Bubar and Assistant United States Attorney Christopher Kavanaugh are prosecuting the case for the United States.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Bluefield Doctor Pleads Guilty to MisbrandingRead the Press Release
ABINGDON, Va. – Phillip Peterson, a family medicine physician in Bluefield Virginia, pleaded guilty this week in U.S. District Court in Abingdon to misbranding for a two-year pattern of prescribing Schedule II controlled substances to patients to what his office staff called “back door patients.” United States Attorney Thomas T. Cullen announced the guilty plea.
Peterson, 64, pleaded guilty earlier this week to a misdemeanor charge of misbranding. A drug is deemed misbranded if it is caused to be dispensed without a valid prescription. A prescription issued outside the usual course of professional practice is not valid. As part of his plea agreement, Peterson will serve one to three months in prison.
According to court documents, between December 2014 and January 2016, Peterson was a family medicine physician at Bluefield Family Medicine in Bluefield, Va. During this time, Peterson saw patients who did not check in with the receptionist and rather entered through the side door. Office staff called these patients “back door patients.” These patients came through the side door to pick-up Schedule II controlled substances prescriptions, which they had received from Peterson for years. These “back door patients” were not actually examined by Dr. Peterson each time they picked up prescriptions and did not pay for office visits.
Evidence showed that each of the prescriptions listed for the “back door patients” was issued outside the usual course of professional practice.
Dr. Peterson also had at least one patient who brought lists of prescriptions to the front desk of Bluefield Family Medicine for the receptionist to give to Dr. Peterson or his nurse. Dr. Peterson authorized those prescriptions, including prescriptions for Schedule II controlled substances, on occasion without the patient actually being seen or evaluated by Dr. Peterson. Evidence showed that these prescriptions were issued outside the usual course of professional practice.
The investigation of the case was conducted by Drug Enforcement Administration’s Tactical Diversion Squad. Assistant United States Attorneys Lena Busscher, Whit D. Pierce and Randy Ramseyer are prosecuting the case for the United States.
Roanoke Woman Pleads Guilty to Theft of Public MoneyRead the Press Release
ROANOKE, Va. – A Roanoke woman, who conspired with others to enrich themselves by obtaining federal income tax refunds from the IRS to which they were not entitled, pleaded guilty yesterday in U.S. District Court in Roanoke, United States Attorney Thomas T. Cullen announced.
Michelle Coppola, 59, a resident of Roanoke, Va., pleaded guilty yesterday to one count of conspiring to knowingly and willfully commit the offense of theft of public money. Coppola will be sentenced November 13, 2020.
Coppola admitted today to conspiring with Osazuwa Peter Okunoghae, and others, from August 2012 through April 2014 in the Western District of Virginia and Eastern District of Texas to steal IRS tax refunds that were not their own.
According to court documents, Coppola knew the IRS tax refunds she was receiving were not her own and that it was therefore illegal for her to receive them. Throughout the course of the scheme, Coppola received approximately $53,470 is fraudulent IRS tax refunds to which she was not entitled.
The investigation of the case was conducted by the Internal Revenue Service. The prosecution of Coppola and her co-conspirators is being handled by Assistant United States Attorney Charlene R. Day for the Western District of Virginia and Assistant United States Attorney Nathaniel C. Kummerfeld for the Eastern District of Texas.
Former Inmate Sentenced for Introducing Heroin and Buprenorphine into USP LeeRead the Press Release
ABINGDON, VIRGINIA – A former inmate of the United States Penitentiary (USP) Lee in Jonesville, Virginia, was sentenced yesterday for his role in introducing heroin and buprenorphine into the prison, United States Attorney Thomas T. Cullen announced today.
Tylan Lucas, 38, was sentenced yesterday in the United States District Court for the Western District of Virginia in Abingdon to a total term of 96 months imprisonment for conspiracy and possession with intent to distribute heroin and buprenorphine, as well as other related charges.
Co-defendant Shauntae Crummer was sentenced on June 30, 2020, to 36 months imprisonment for her role in the offense.
The investigation of the case was conducted by the Federal Bureau of Prisons. Special Assistant United States Attorney Debbie Stevens prosecuted the case for the United States.
Big Stone Gap Man Sentenced for Role in Methamphetamine ConspiracyRead the Press Release
ABINGDON, Va. – Jeremy Mallory, a Big Stone Gap man who was one of 21 defendants charged with conspiring to distribute 500 grams or more of methamphetamine, was sentenced yesterday in U.S. District Court in Abingdon to 168 months in federal prison, United States Attorney Thomas T. Cullen announced.
Mallory, 42, pleaded guilty in 2019 to conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine.
According to court documents, Mallory was one of the 21 defendants who conspired to distribute methamphetamine in Lee and Wise counties, and elsewhere, between July 1, 2016 and May 1, 2019. To date, all 21 defendants have been convicted via plea agreement or jury trial.
A complete list of the defendants and charges can be found here.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Southwest Virginia Drug Task Force, which is comprised of the Scott County Sheriff’s Office, Lee County Sheriff’s Office, Wise County Sheriff’s Office, Dickenson County Sheriff’s Office, Norton Police Department, Big Stone Gap Police Department, and the Virginia State Police. Assistant United States Attorneys Lena Busscher, Anthony P. Giorno, and Jonathan Jones prosecuted the case for the United States.
West Virginia Man Sentenced to Life in Prison for Sex Trafficking, Distributing Fatal Doses of FentanylRead the Press Release
HARRISONBURG, VIRGINIA – Kendall Demarko Wysinger, a Martinsburg, West Virginia, man who used heroin as a means to control numerous women he trafficked as part of a commercial prostitution ring that operated in the Western District of Virginia and elsewhere, was sentenced today to life in prison. United States Attorney Thomas T. Cullen, David W. Archey, Special Agent in Charge of the FBI’s Richmond Division, and Jesse Fong, Special Agent in Charge of the DEA’s Washington Field Office made the announcement today following Wysinger’s sentencing hearing.
“Sex traffickers enslave and traumatize their victims for financial gain. This is why the Department of Justice has made these cases a top priority.” First Assistant United States Attorney Daniel P. Bubar said today. “Today’s sentence shows our office’s commitment to investigating and prosecuting anyone who commits these awful crimes. I am grateful to the FBI, DEA, and the numerous state and local agencies involved with the I-81 Human Trafficking Task Force who worked tirelessly to bring justice to the victims in this case.”
“We are very thankful for our DEA Washington Division DEA agents and intel analysts who worked this case, and for the teamwork of our federal and local partners in keeping our community safer from horrific human sex trafficking and violent drug crime, such as this,” Special Agent in Charge Fong said today. “This case is a great example of how we work, every day, alongside our law enforcement and community partners to bring such egregious criminals to justice.”
“The investigation of human trafficking is a high priority for the FBI. Through the FBI's I-81 Human Trafficking Task Force, law enforcement in the tristate area leverages resources, identifies perpetrators and assists victims with recovery and the rebuilding of their lives,” SAC Archey said today. “The sentencing today of Mr. Wysinger is the culmination of the work and dedication of the task force and the Department. We encourage anyone who is a victim of trafficking or suspects someone is being trafficked to contact law enforcement and seek assistance through victim services immediately.”
According to evidence presented at Wysinger’s January 2019 jury trial, the defendant operated a prostitution ring with at least six victims in Virginia, West Virginia, and Maryland. Through the course of the conspiracy, Wysinger used heroin to coerce his victims into engaging in commercial sex and employed threats and intimidation to ensure he maintained power and control over those victims. Wysinger routinely advertised these victims for commercial sex using online classified ads in Winchester, Virginia, Shenandoah County, Virginia, and cities in West Virginia and Maryland, and used social media accounts to target and recruit women into his sex-trafficking operation. The defendant demanded his victims provide him nearly all of the money they received from commercial sex in order to pay their drug debts, his charges for posting ads online, and transporting them to prostitution dates.
On one occasion, the heroin Wysinger distributed resulted in two overdoses. Wysinger gave what he said was heroin to one victim of his sex trafficking ring and her friend. The substance was actually fentanyl, a far more powerful synthetic opioid, and both victims overdosed after ingesting it. One victim died as a result of fentanyl poisoning. Wysinger was with both victims when they overdosed and left the victims unconscious in a Winchester motel room.
The investigation of the case was conducted by the Drug Enforcement Administration, the Federal Bureau of Investigation’s I-81 Human Trafficking Task Force (I-81 HTTF), the Luray Police Department, and the Northwest Virginia Regional Drug and Gang Task Force (NWRDGTF). Assistant United States Rachel Swartz prosecuted the case for the United States.
The I-81 HTTF is a collaborative effort of law enforcement and community partners focused on identifying instances of human trafficking along the I-81 corridor in the northern Shenandoah Valley of Virginia, West Virginia, and Maryland; prosecuting those responsible; and, providing assistance to the victims impacted by these crimes. The I-81 HTTF includes law enforcement from the counties of Frederick, Clarke, and Shenandoah as well as the cities and towns of Front Royal, Hagerstown, and Frederick, Maryland and Lord Fairfax Community College.
The NWRDGTF uses the combined efforts of local, state, and federal agencies to actively pursue those groups or individuals who manufacture, distribute, or sell illegal narcotics. The NWRDGTF is comprised of the Virginia State Police, the Winchester Police Department, the Front Royal Police Department, the Strasburg Police Department, the Frederick County Sheriff’s Office, the Page County Sheriff’s Office, the Warren County Sheriff’s Office, the Shenandoah County Sheriff’s Office, and the Clarke County Sheriff’s Office.
Convicted Felon Sentenced to 96 Months for Illegal Possession of a FirearmRead the Press Release
ABINGDON, Va. – A convicted felon from North Carolina, who was pulled over for driving erratically in Carroll County, Virginia and found to be illegally in possession of a firearm, was sentenced yesterday in U.S. District Court in Abingdon to 96 months in federal prison. United States Attorney Thomas T. Cullen made the announcement.
Luis Castano, 43, of Jamestown, N.C., pleaded guilty in 2019 to illegal possession of a firearm by a previously convicted felon. He was sentenced yesterday to 72 months for his conviction plus an additional 24 months for violation of his terms of supervised release from a previous federal conviction for being a felon in possession of a firearm. Castano will serve an additional 36 months of supervised release when released from prison.
According to court documents, on the night of December 30, 2018, Castano was found to be in possession of a Bushman, AR-style riffle. The riffle had a loaded, large capacity magazine containing 61 rounds of ammunition, with one in the chamber.
The case was investigated by the Bureau of Alcohol Tobacco Firearms and Explosives and the Carroll County Sheriff's Office. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Charlotte Couple Pleads Guilty to Conspiracy to Distribute Prescription OpioidsRead the Press Release
ABINGDON, Virginia – A Charlotte, North Carolina-based doctor and his wife pleaded guilty today in U.S. District Court in Abingdon to charges that they conspired to illegally distribute prescription opioids in the Western District of Virginia and then made a false statement about the conduct, United States Attorney Thomas T. Cullen announced today.
David Francis Lelio, 57, and Nadja Siiri Kujanson-Lelio, 50, both of Charlotte, N.C., each pleaded guilty to one count of conspiracy to distribute prescription opioids, specifically oxycodone. David Lelio also pleaded guilty to an additional count of making a false statement. Both will be sentenced on December 10, 2020.
The pair admitted that between 2016 and 2019, Dr. David Lelio wrote more than 60 prescriptions for oxycodone to patients, some of who resided in Wythe County, Virginia, without a legitimate medical purpose. As part of the conspiracy, Dr. Lelio wrote opioid prescriptions in his patients’ names with the understanding that some or all of the prescriptions would be shared with his wife, Nadja Kujanson-Lelio. Dr. Lelio and his wife then reimbursed the patients for the cost of filling the prescriptions. When asked by law enforcement about the conspiracy, David Lelio falsely stated there was no agreement with any of his patients to return or share the prescription opioids with his wife.
The investigation of the case was conducted by the Wythe County Sheriff’s Office, the Virginia State Police, and the Drug Enforcement Administration. Assistant United States Attorneys Lena Busscher and Randy Ramseyer are prosecuting the case for the United States.
Danville Pharmacy Technician Sentenced for Federal Drug ChargeRead the Press Release
DANVILLE, Virginia – Paulette G Toller, a former pharmacy technician working in Danville, was sentenced in U.S. District Court in Danville to 13 months in federal prison for illegal distribution of a controlled substance. United States Attorney Thomas T. Cullen and Jesse Fong, Special Agent in Charge of the Drug Enforcement Administration’s Washington Field Division made the announcement.
Toller, 60, pleaded guilty in February 2020 to possessing with the intent to distribute and distributing a controlled substance, acquiring, and obtaining possession of a controlled substance by misrepresentation, fraud, forgery or deception.
According to court documents, Toller, who worked as a pharmacy technician at Sovah Health Danville since 2001, admitted to finding a “loophole” in the hospital’s automated dispensing system that allowed her to withdraw controlled substances under codes that were no longer valid. Toller admitted to obtaining the substances, which included hydrocodone, oxycodone, and other controlled substances, for her own personal use.
The investigation of the case was conducted by the Drug Enforcement Administration, the Virginia State Police, and the Danville Police Department. Assistant United States Attorneys Michael Baudinet and Randy Ramseyer prosecuted the case for the United States.
Mine Owner and Foreman Sentenced to Prison for Dust-Sampling FraudRead the Press Release
ABINGDON, VIRGINA – A Grundy, Va., coal company, its owner, and one of its foremen, were sentenced yesterday in the United States District Court in Abingdon for conspiring to defraud the United States by committing dust-sampling fraud to avoid the Mine Safety and Health Administration’s health standards designed to protect miners from black lung. United States Attorney Thomas T. Cullen and Assistant Secretary of Labor for the Mine Safety and Health Administration (MSHA) David G. Zatezalo announced the sentencings.
Daniel Tucker, 57, of Russell County, Va., the owner of D&H Mining, was sentenced yesterday to three months in federal prison. As part of his guilty plea, Tucker previously paid an $80,000 fine. Also yesterday, D&H Mining was placed on probation for a term of 1-year.
Gerald Ball, 39, of Russell County, a foreman at D&H Mining, was sentenced yesterday for his role in the conspiracy to three years’ probation.
Tucker and Ball both previously pleaded guilty to conspiracy to commit dust-sampling fraud. D&H Mining pleaded guilty to one felony count of conspiracy to defraud the United States for the dust-sampling fraud and a misdemeanor violation of the Mine Act for willfully allowing miners to conduct roof-bolting in return air in violation of the mine’s MSHA-approved ventilation plan.
“As this case illustrates, the Department of Justice is committed to protecting our nation’s coal miners,” U.S. Attorney Cullen stated today. “We will continue to investigate and prosecute unscrupulous owners and operators who jeopardize miners’ wellbeing by cutting corners and putting profits ahead of safety.”
“Enforcing the mandatory dust standards is a top priority for the Mine Safety and Health Administration,” said MSHA Assistant Secretary David G. Zatezalo. “These standards are important in reducing black lung disease in this country and they provide an effective framework to hold operators accountable when they are violated. The Department of Justice has done great work in enforcing these crucial standards and protecting miners.”
As part of its investigation, MSHA inspectors discovered irregularities in the record keeping of mandated dust sampling. Upon further investigation, MSHA determined that Tucker and Ball had conducted an organized effort to avoid accurate dust sampling in an attempt to avoid MSHA health violations and avoid requirements to reduce the respirable coal dust levels. As part of MSHA’s mandatory respirable dust standards, mine operators are mandated to conduct dust-sampling for 15 consecutive shifts every quarter. During the sampling, designated miners are required to wear continuous personal dust monitors for the entire time they are underground. Yet Tucker intentionally programmed the dust monitors to shut off after 9 hours despite the miners working 10-hour shifts underground.
Ball, as the underground foreman, checked dust monitors and when one approached the limits of authorized exposure to respirable dust, he would take the monitor off the miner and hang the monitor in fresh air in an attempt to prevent the sampling device from recording the actual levels of dust underground.
The investigation of the case was conducted by the Norton Office of the Mine Safety and Health Administration. Special Assistant United States Attorney Jason Grover from the Department of Labor and Assistant United States Attorneys Lena Busscher and Randy Ramseyer prosecuted the case for the United States.
Saltville Man Who Lied About His Own Death Sentenced on Series of Federal Charges including Bankruptcy Fraud, Wire FraudRead the Press Release
ABINGDON, VIRGINIA – A Saltville, Virginia man, who lied about his own death in order to hide assets from the federal bankruptcy court and later fraudulently assumed the identity of an attorney from Florida to further the scheme, was sentenced yesterday in U.S. District Court in Abingdon to 108 months in federal prison, United States Attorney Thomas T. Cullen announced.
Russell Geyer, 50, pleaded guilty in May 2020 to one count of contempt of court, one count of bankruptcy fraud, one count of wire fraud, and one count of aggravated identity fraud.
According to court documents, Geyer admitted to participating in a scheme to defraud the United States Bankruptcy Court through a series of deceptive statements designed to hide assets and maintain control of collateral. These actions included, but were not limited to, repeatedly lying about fake medical conditions, including prostate cancer, bone cancer, cardiac issues, a brain aneurysm, and pneumonia.
On August 30, 2019, the attorney working for Geyer informed the court that he had received an email purportedly from Russell Geyer’s wife, stating that Russell Geyer was dead. In fact, Russell Geyer had sent the email posing as his wife.
At a September 5, 2019 hearing, Mrs. Geyer testified that her husband was alive and that neither she, nor Russell Geyer, had been out of town and in the hospital for the serious medical conditions claimed by the defendant throughout the case.
During the September 5, 2019 hearing, Russell Geyer’s attorney read into the record an email he received from an attorney in Florida indicating that the Florida attorney had sold some of the assets involved in the bankruptcy proceedings without the Geyers’ knowledge. The email further stated that he had complete control of Russell and told him to kill himself. The attorney concluded the email with “I am on a plane out of the country.”
The investigation determined that the Florida attorney whose name was used in the email actually exists but had nothing to do with this case. Instead, Russell Geyer used the Florida attorney’s name and a bogus email account to send these emails without the Florida attorney’s knowledge.
Further investigation revealed that Geyer had assumed the Florida attorney’s identity to fraudulently obtain $70,000 from his own wife. Geyer told his wife that he was going to receive more than $1 million in a settlement from a case that the Florida attorney was handling for him. Geyer said he needed money to pay the attorney’s fees before the money would be released. Geyer then used a bogus email address and an app that disguised his voice to pose as the Florida attorney and to confirm that a settlement was imminent. It was all untrue.
This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.
Roanoke Woman Sentenced on Federal Firearms ChargeRead the Press Release
ROANOKE, VIRGINIA – Diamond Topaz Brown, a Roanoke woman who was prohibited from possessing firearms due to her status as a previously convicted felon, was sentenced today in U.S. District Court in Roanoke to 120 months in federal prison, United States Attorney Thomas T. Cullen announced.
According to court documents, Brown, 29, is a seven-time convicted felon who was prohibited from possessing a firearm. In the late hours of September 19 and the early morning hours of September 20, 2018, members of the Roanoke Police Department, the U.S. Marshals Capital Area Regional Fugitive Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives observed Brown outside of a business on Williamson Road in Roanoke. They were looking for Brown in an attempt to arrest her on three outstanding felony extortion warrants based upon violent threats she was alleged to have made in the days prior. Officers observed Brown remove a handgun from a vehicle associated with Brown, place it under her shirt, and move it to another vehicle in the parking lot. Brown hid the firearm under the driver’s seat of the second car. A subsequent search of the second vehicle revealed a Taurus, 9mm, semi-automatic pistol. The gun was loaded with an extended magazine holding 29 rounds of ammunition. Surveillance video from the business confirmed that Brown had, in fact, transferred the pistol from one of the vehicles to another.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The investigation of the case was conducted by the Bureau of Alcohol Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the Federal Bureau of Investigation, the Roanoke City Police Department, and the United States Marshal’s Service. Assistant United States Attorneys Daniel P. Bubar and Coleman Adams prosecuted the case for the United States.
Virginia Man Pleads Guilty to Enticement, Child Pornography ChargesRead the Press Release
A Virginia man who used an online chat website to engage in sexually explicit conversations with a 12-year-old minor female and later induced the victim to engage in sexually explicit behavior over video chat, pleaded guilty today in U.S. District Court in the Western District of Virginia to a pair of federal charges, announced Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia.
Roger Allen Bellini, 30, pleaded guilty today to one count of coercion and enticement and one count of possession of child pornography. He will be sentenced on Jan. 4, 2021.
According to court documents, Bellini admitted to using an online chat website to communicate with minor females. The defendant admitted the communications were sexual in nature. Specifically, Bellini admitted to communicating with a minor via video chat, beginning when she was 12 years old. He used screen capture software to record his computer screen while he engaged in video chats with the minor. In these video chats, Bellini induced the minor to expose herself and perform sexually explicit acts.
The investigation of the case was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. Trial Attorney Leslie Fisher of the Criminal Division’s Child and Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Rachel Swartz prosecuted the case for the United States.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Roanoke Man Pleads Guilty to Enticement, Child Pornography ChargesRead the Press Release
ROANOKE, VIRGINIA – A Roanoke man who used an online chat website to engage in sexually explicit conversations with a 12-year-old minor female and later induced the victim to engage in sexually explicit behavior over video chat, pleaded guilty today in U.S. District Court in the Western District of Virginia to a pair of federal charges, announced Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia.
Roger Allen Bellini, 30, pleaded guilty today to one count of coercion and enticement and one count of possession of child pornography. He will be sentenced on Jan. 4, 2021.
According to court documents, Bellini admitted to using an online chat website to communicate with minor females. The defendant admitted the communications were sexual in nature. Specifically, Bellini admitted to communicating with a minor via video chat, beginning when she was 12 years old. He used screen capture software to record his computer screen while he engaged in video chats with the minor. In these video chats, Bellini induced the minor to expose herself and perform sexually explicit acts.
The investigation of the case was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. Trial Attorney Leslie Fisher of the Criminal Division’s Child and Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Rachel Swartz prosecuted the case for the United States.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Roanoke Man Faces Life Sentence After Pleading Guilty to Gang-related ChargesRead the Press Release
ROANOKE, VIRGINIA – Trayvone Kasey, a member of the Rollin’ 30s Crips in Roanoke, who conspired with others to commit murder and other gang-related violent crimes, pleaded guilty today in federal court to a plethora of federal crimes as part of the Western District of Virginia’s ongoing Project Safe Neighborhoods effort to reduce gun and violent crime in the Roanoke Valley. United States Attorney Thomas T. Cullen, David W. Archey, Special Agent in Charge of the FBI’s Richmond Division and Samuel Roman Jr., Roanoke Chief of Police made the announcement today following the guilty plea.
Kasey, 21, of Roanoke, was federally indicted in October 2018 on federal racketeering charges, conspiracy to commit murder, and several firearms charges. He pleaded guilty today to federal racketeering, murder in aid of racketeering, conspiracy to committee murder in aid of racketeering, possession of a firearm in furtherance of a crime of violence resulting in death, interference with commerce by robbery, and discharging a firearm and possessing a firearm in furtherance of a crime of violence resulting in death. At sentencing, Kasey faces up to life in prison. A sentencing hearing for Kasey will be scheduled after the trial of the remaining defendants, Sean Denzel Guerrant and DeMonte Rashod Mack.
Kasey and his alleged co-conspirators, Sean Guerrant, Demonte Mack, and Chauncey Levesy, were members and associates of the Rollin’ 30s Crips, which also called itself the “Dirt Gang.” The Rollin’ 30s Crips are a national street gang founded in the greater Los Angeles, California area with smaller sets in other cities throughout the United States. The Roanoke set of the Rollin’ 30s operated primarily in northwest Roanoke, centered in and around the Lansdowne neighborhood.
As part of today’s guilty plea, Kasey admitted that beginning no later than April 22, 2017, he, Guerrant, Mack, and Levesy conspired to conduct a pattern of racketeering activity including multiple threats and acts involving violent crime.
Specifically, between on or about June 14, 2017, and June 15, 2017, Guerrant, Mack, Kasey, and Levesy conspired to murder “Victim D.F.” Court documents further allege that Mack and Kasey murdered “Victim N.L.” at the direction of Guerrant.
Levesy has also pleaded guilty to racketeering and conspiracy to commit murder in aid of racketeering. Levesy will also be sentenced after the trial of Guerrant and Mack.
The investigation of the case was conducted by the City of Roanoke Police Department and the Federal Bureau of Investigation’s Violent Crimes Task Force. The investigation was a coordinated effort that also involved law enforcement assets from the Virginia State Police, Roanoke County Police Department, the Federal Bureau of Alcohol, Tobacco, and Firearms, and the Federal Drug Enforcement Agency.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Defendants Who Orchestrated Straw Purchases of Firearms Sentenced to Prison TimeRead the Press Release
LYNCHBURG, VIRGINIA – Robert Joseph, a.k.a. Ruben Oakes, a convicted felon who conspired with, and directed, straw purchasers to obtain firearms that he would then deliver to a co-conspirator, Harold Gaines, in Maryland, was sentenced today in U.S. District Court here to 27 months in federal prison. United States Attorney Thomas T. Cullen and Ashan M. Benedict, Special Agent in Charge of ATF’s Washington Field Division made the announcement today.
Joseph, 51, previously pleaded guilty to conspiracy to illegally possess firearms and illegal possession of a firearm by a previously convicted felon. Harold Gaines, also previously pleaded guilty to one count of conspiracy to illegally possess firearms and was sentenced to 48 months in prison.
“Eradicating gun violence remains a top priority of this office and we will seek to prosecute all individuals who break federal gun laws, putting guns in the hands of felons,” said First Assistant United States Attorney Daniel P. Bubar. “This prosecution is a product of Project Guardian, and I am proud of the good work of our federal and state team.”
“This case epitomizes the danger of straw purchasing firearms, specifically, providing weapons to felons who clearly intend to use them in the commission of crimes,” said Ashan M. Benedict, Special Agent in Charge of ATF’s Washington Field Division. “The sentences handed out to both the purchaser and receiver of these illicit firearms is a clear indication that the criminal straw purchasing of weapons will have consequences. We are grateful to U.S. Attorney Cullen and our law enforcement partners for this successful outcome.”
According to court documents, Gaines paid Joseph to supply him with particular firearms and Joseph, in turn recruited, and directed, straw purchasers to obtain firearms from gun stores in the Western District of Virginia. Joseph then delivered the weapons to Gaines in Northern Virginia, Washington D.C., and Maryland. Gaines subsequently sold those weapons to others. Joseph obtained approximately 40 firearms for Gaines during the course of the conspiracy. Both Joseph and Gaines are convicted felons and are prohibited from legally possessing firearms.
The straw purchasers Joseph utilized, individuals whose lack of criminal history enabled them to purchase and possess firearms, were able to obtain the weapons on his behalf by falsely claiming on ATF Firearm Transaction Form that they were the actual transferee/buyer of the firearm(s) when in fact they were not. For their role in this offense, Jazzmine Irvin, Janika Barksdale, and Ashley Gunter each were convicted of conspiracy to make false statements on a firearms form. Irvin and Barksdale were sentenced to 45 days in prison and a period of home confinement thereafter. Gunter received a sentence of 45 days home confinement. All defendants in this conspiracy were also sentenced to a term of supervised release.
The investigation of the case was conducted by the Bureau of Alcohol Tobacco, Firearms, and Explosives, the Danville Police Department, and the Lynchburg Police Department. Assistant United States Attorney Coleman Adams prosecuted the case for the United States.
This case was brought as part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
California Man Charged with Making Interstate Threat to Bomb Charlottesville Public School BuildingsRead the Press Release
CHARLOTTESVILLE, VIRGINIA – Lucas Isaiah Newton-Grant, a California man who previously lived in the City of Charlottesville, was arrested yesterday in California and charged with threatening to bomb Charlottesville City School buildings. United States Attorney Thomas T. Cullen and David W. Archey, Special Agent in Charge of the FBI’s Richmond Division made the announcement.
Newton-Grant, 27, of Rancho Mirage, Calif., was arrested yesterday morning and charged via a federal criminal complaint with one count of communicating interstate threats. Newton-Grant appeared before a magistrate judge in California late yesterday evening. He will now be transported to the Western District of Virginia for additional court proceedings.
According to court documents, on July 7, 2020, as Charlottesville City Schools were discussing re-opening plans for the fall, Newton-Grant, using the Facebook screenname, “Lucas Newton-Grant” threatened to become the next “serialbomber” and wanting to “blow those building up.”
After being warned by someone online about making threatening comments, Newton-Grant responded, “I want them to come after me. They’ll be in for a pleasant surprise.” He further posted that “people will (expletive) die.”
The investigation of the case is being conducted by the Federal Bureau of Investigations. Assistant United States Attorney Ronald M. Huber is prosecuting the case for the United States.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Norton Doctor Sentenced for Illegally Prescribing, Health Care FraudRead the Press Release
ABINGDON, VIRGINIA – United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced today that Dr. Raymond Michael Moore, who had a medical practice in Norton, Va., was sentenced today to 108 months in federal prison for a litany of federal crimes, including illegally prescribing more than 25,000 oxycodone pills, 17,000 hydrocodone pills, and 10,000 benzodiazepine pills without a legitimate medical purpose.
Moore, 62, of Wise, Va. pleaded guilty in December 2019 to fourteen federal charges, including illegally prescribing pain pills, obtaining drugs by fraud, health care fraud, making a false statement to law enforcement; and failing to maintain required records.
According to evidence presented at the sentencing hearing and in court records, Moore issued prescriptions for opioids and benzodiazepines without a legitimate medical purpose and beyond the bounds of medical practice, totaling more than 50,000 dose units of those illegally prescribed controlled substances.
During the execution of a search warrant at his medical practice, law enforcement discovered filled prescriptions for controlled substances that Moore had written to patients. When questioned about the controlled substances, Moore initially told law enforcement that patients surrendered the prescriptions to him for destruction. After additional controlled substances issued in patients’ names were recovered from his home, Moore later admitted that he took the prescriptions back from patients for his personal use. Moore failed to maintain required records concerning the controlled substances found in his home and residence.
Pursuant to his plea agreement, Moore paid more than $50,000 in restitution to Virginia Medicaid and forfeited more than $100,000. In addition, Moore agreed to never again be a medical provider. He permanently surrendered his medical license in October 2019.
“When the defendant chose greed and his own desire for controlled substances over caring for his patients’ needs he violated the public trust and fueled the cycle of addiction and despair,” First Assistant United States Attorney Daniel P. Bubar stated today. “Our office has no higher priority than investigating and prosecuting drug-dealing doctors and other corrupt health-care workers who violate the law and put our communities at risk.”
“Doctors who write prescriptions for dangerous controlled substances without due regard for patient health and safety directly contribute to the opioid epidemic in the Commonwealth,” said Attorney General Herring. “My office will aggressively prosecute those who violate their oaths to ‘first do no harm’ and endanger our communities by flooding them with these addictive substances.”
Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, prosecuted the case for the United States. The case was investigated by the Drug Enforcement Administration’s Tactical Diversion Squad, Virginia Medicaid Fraud Control Unit, Virginia State Police, Southwest Virginia Drug Task Force, Buena Vista Police Department, and Martinsville Police Department. Assistance with the search warrants was provided by the Norton Police Department, Big Stone Gap Police Department, Wise County Sheriff’s Office, the Office of the Wise County Commonwealth’s Attorney, Bristol Police Department, Wise Police Department, and the United States Department of Justice’s Appalachian Regional Prescription Opioid (ARPO) Strike Force.
Indivior Solutions Pleads Guilty to Felony Charge and Indivior Entities Agree to Pay $600 Million to Resolve Criminal and Civil Investigations as Part of DOJ's Largest Opioid ResolutionRead the Press Release
indivior_resolution_documents.pdfABINGDON, VIRGINIA – Indivior Solutions today pleaded guilty to a one-count felony information and, together with its parent companies Indivior Inc. and Indivior plc, agreed to pay a total of $600 million to resolve criminal and civil liability associated with the marketing of the opioid-addiction-treatment drug Suboxone. Together with a $1.4 billion resolution with Indivior’s former parent, Reckitt Benckiser Group PLC (RB Group), announced in 2019, and a plea agreement with Indivior plc’s former CEO, Shaun Thaxter, announced last month, the total resolution relating to the marketing of Suboxone is more than $2 billion
—the largest-ever resolution in a case brought by the Department of Justice involving an opioid drug.Suboxone is a drug product approved for use by recovering opioid addicts to avoid or reduce withdrawal symptoms while they undergo treatment for opioid-use disorder. Suboxone contains buprenorphine, a powerful opioid.
“Combatting the opioid crisis is a Department of Justice priority,” said Principal Deputy Associate Attorney General Claire M. Murray. “Today’s announced resolution and related actions hold accountable entities and individuals that unlawfully marketed opioid-addiction products.”
“The opioid crisis is a public health emergency. Prevention and access to effective treatments for opioid addiction are critical to fighting this epidemic,” said Deputy Assistant Attorney General Michael D. Granston for the Department's Civil Division. “When a drug manufacturer claims to be part of a solution for opioid addicts, we expect honesty and candor to government officials, as well as to the physicians and patients making important treatment decisions based on those representations.”
Resolution of the Criminal Investigation
Indivior Solutions pleaded guilty today to a one-count felony criminal information charging false statements relating to health care matters. In connection with its guilty plea, Indivior Solutions admitted making false statements to promote the film version of Suboxone (Suboxone Film) to the Massachusetts Medicaid program (MassHealth) relating to the safety of Suboxone Film around children. The resolution includes a criminal fine, forfeiture, and restitution totaling $289 million. On June 30, 2020, Indivior plc’s former CEO Shaun Thaxter pleaded guilty to a one-count misdemeanor information related to Indivior’s false and misleading representations to MassHealth.
In 2002, Indivior Inc. received approval to market Suboxone tablets for use in the treatment of opioid addiction and dependence. At that time, Indivior Inc. was an RB Group subsidiary known as Reckitt Benckiser Pharmaceuticals Inc. In December 2014, RB Group spun off Indivior Inc., and the two companies are no longer affiliated. Thereafter, Indivior Inc. became a subsidiary of Indivior plc. On April 9, 2019, a federal grand jury sitting in Abingdon, Virginia, indicted Indivior Inc. and Indivior plc for allegedly engaging in an illicit nationwide scheme to increase prescriptions of Suboxone.
In its guilty plea today, Indivior Solutions, which employed marketing and sales personnel for the Indivior group of companies, admitted to an aspect of the scheme alleged in the indictment. Specifically, Indivior Solutions admitted that, in October 2012, it sought to convince MassHealth to expand Medicaid coverage of Suboxone Film in Massachusetts and sent MassHealth false data indicating that Suboxone Film had the lowest rate of accidental pediatric exposure (i.e., children taking medication by accident) of all buprenorphine drugs in Massachusetts, when in fact, it did not. Indivior Solutions further admitted that sending the false and misleading information occurred in the context of marketing and promotional efforts directed at MassHealth, which were overseen by top executives. MassHealth announced it would provide access to Suboxone Film for patients with children under the age of six shortly after Indivior provided the false and misleading information to agency officials.
“During the nationwide opioid epidemic, Indivior Solutions made false statements about Suboxone’s safety to increase its sales. In doing so, Indivior Solutions misled government health care officials and is being held accountable today for its felonious conduct,” said First Assistant United States Attorney Daniel P. Bubar of the Western District of Virginia said today. “This resolution is the culmination of years of work by prosecutors and agents and demonstrates that we will continue to work tirelessly to hold pharmaceutical manufacturers responsible for illegal conduct.”
In addition to its financial aspects, the agreement with Indivior Inc. includes novel provisions that:
- Require Indivior Inc. to disband its Suboxone sales force and not reinstate it;
- Require Indivior Inc.’s CEO to personally certify, under penalty of perjury, on an annual basis that during the prior year (a) Indivior was in compliance with the Food Drug and Cosmetic Act and did not commit health care fraud or (b) list all non-compliant activity and the steps taken by Indivior to remedy these acts;
- Prohibit Indivior Inc. from using data obtained from surveys of health care providers for marketing, sales, and promotional purposes;
- Require Indivior Inc. to remove health care providers from their promotional programs who are at a high risk of inappropriate prescribing; and
- Make Indivior subject to contempt sanctions by the Court and reinstatement of the dismissed charges if it violates the agreement.
“The opioid crisis has devastated families and communities across the Commonwealth and drug manufacturers must be held accountable for their role in creating and prolonging this crisis,” said Virginia Attorney General Mark R. Herring. “I want to thank my Medicaid Fraud Control Unit for their work on this important case, as well as our local, state and federal partners for their continued collaboration. My team and I will continue to do everything in our power to hold pharmaceutical companies accountable for their role in the opioid crisis and help to ensure justice for those families who have been effected by the opioid crisis.”
“Parties that contract with the government will be held to the letter of the contract,” said Kenneth Cleevely, Special Agent in Charge of the Eastern Field Office for the U.S. Postal Service Office of Inspector General. “The U.S. Postal Service spends billions of dollars per year in workers compensation-related costs, most of which are legitimate. However, when medical providers or companies choose to flout the rules and profit illegally, special agents with the USPS OIG will work with our law enforcement partners to hold them responsible. To report fraud or other criminal activity involving the Postal Service, contact USPS OIG special agents at www.uspsoig.gov or 888-USPS-OIG.”
United States District Judge James P. Jones accepted the guilty plea but deferred acceptance of the plea agreement until after the preparation of a presentence report. He scheduled sentencing for Oct. 20, 2020 at the United States Courthouse in Abingdon, Virginia.
The Civil Settlement
Under the civil settlement, Indivior Inc. and Indivior plc have agreed to pay a total of $300 million to resolve claims that the marketing of Suboxone caused false claims to be submitted to government health care programs. The $300 million settlement amount includes approximately $209.3 million to the federal government and $90.7 million to states that opt to participate in the agreement.
The civil settlement resolves allegations by the United States that, from 2010 through 2015, Indivior companies knowingly (a) promoted the sale and use of Suboxone to physicians who were writing prescriptions that were not for a medically accepted indication and that lacked a legitimate medical purpose, were issued without any counseling or psychosocial support, were for uses that were unsafe, ineffective, and medically unnecessary, and were often diverted; (b) promoted the sale or use of Suboxone Film to physicians and state Medicaid agencies using false and misleading claims that Suboxone Film was less susceptible to diversion and abuse than other buprenorphine products and that Suboxone Film was less susceptible to accidental pediatric exposure than tablets; and (c) submitted a petition to the Food and Drug Administration on Sept. 25, 2012, claiming that Suboxone Tablet had been discontinued “due to safety concerns” about the tablet formulation of the drug and took other steps to delay the entry of generic competition for Suboxone to improperly control pricing of Suboxone, including pricing to federal healthcare programs.
“Prescription opioids are both addictive and dangerous when diverted for improper use or prescribed without accurate information about the risks that they pose,” said U.S. Attorney Craig Carpenito for the district of New Jersey. “This resolution holds Indivior to account for placing profit above patient and community safety.”
The civil settlement resolves claims against Indivior in six lawsuits pending in federal court in the Western District of Virginia and the District of New Jersey under the qui tam, or whistleblower, provisions of the False Claims Act, which allow private citizens to bring civil actions on behalf of the United States and share in any recovery. The False Claims Act also permits the government to intervene in such actions, as the government previously did in the three lawsuits pending in the Western District of Virginia. The whistleblower share to be awarded in this case has not yet been determined.
“Opioid addiction and abuse is an immense public health crisis and taking steps to address it is one of the FDA’s highest priorities,” said FDA Commissioner Stephen M. Hahn, M.D. “Medication-assisted treatments incorporating drugs like Indivior’s Suboxone, in combination with counseling and behavioral therapy, are an important tool in combating opioid use disorder but can quickly become part of the problem if not used responsibly. When companies encourage the use of powerful drugs where not medically necessary and provide misleading information about relative product benefits, they can ultimately risk more misuse, abuse, diversion, and accidental exposure to opioid drugs as well as make treatment more difficult to obtain for those suffering from this crisis. We will continue to work with the Department of Justice to investigate and hold accountable those who devise and participate in schemes to the detriment of the public health.”
Non-monetary Provisions of the Corporate Integrity Agreement
In addition to the criminal and civil resolutions, Indivior executed a five-year Corporate Integrity Agreement (CIA) with the Department of Health and Human Services Office of Inspector General (HHS-OIG). The CIA requires that Indivior implement numerous accountability and auditing provisions. On an annual basis, top executives and the Board of Directors must certify about compliance, Indivior must conduct annual risk assessments and other monitoring, and an independent review organization will conduct multi-faceted audits.
“Addressing the opioid crisis is a top priority for OIG, and we will continue to work closely with the Department of Justice to hold corporations and individuals accountable when they use illegal tactics to promote and sell opioids,” said Gregory E. Demske, Chief Counsel to the Inspector General, HHS-OIG. “Among other things, our CIA with Indivior imposes accountability on the Board and top executives, subjects the company to internal and external auditing, and ensures that the company will separate itself from its prior top leadership.”
“The opioid epidemic has ravaged this nation,” said Elton Malone, Assistant Inspector General for Investigations with the Office of Inspector General of the U.S. Department of Health and Human Services. “This resolution, along with our law enforcement partners’ work, should serve as a warning that large companies will face prosecution if they break the law.”
FTC Resolution
Under a separate agreement with the Federal Trade Commission (FTC), Indivior has agreed to pay $10 million to resolve claims that it engaged in unfair methods of competition in violation of the Federal Trade Commission Act, 15 U.S.C. § 53(b). The FTC filed a complaint in the United States District Court for the Western District of Virginia alleging anticompetitive activities by Indivior designed to impede competition from generic equivalents of Suboxone. As part of a consent decree, Indivior agreed that it would notify the FTC if it filed a Citizen Petition with the FDA in connection with a drug product, it would simultaneously disclose to both the FDA and the FTC all studies and data relevant to that Citizen Petition. Indivior further agreed not to withdraw a drug from the market or otherwise disadvantage a drug after obtaining approval to market another drug containing the same active ingredient.
“As alleged in the FTC’s complaint, in the midst of the nation’s opioid crisis, a critical opioid-addiction treatment was about to become more affordable,” said Gail Levine, a Deputy Director of the FTC’s Bureau of Competition. “But Indivior prevented that. It kept its drug prices high by unlawfully impeding generic manufacturers from competing effectively.”
A Multilateral Effort
The criminal case against Indivior was prosecuted by Randy Ramseyer of the U.S. Attorney’s Office for the Western District of Virginia, Albert P. Mayer and Carol Wallack of the Department of Justice Civil Division’s Commercial Litigation Branch, Charles J. Biro and Matthew J. Lash of the Department of Justice Civil Division’s Consumer Protection Branch, Kristin L. Gray, Joseph S. Hall and Janine M. Myatt of the Virginia Medicaid Fraud Control Unit of the Office of the Virginia Attorney General, and Garth W. Huston of the Federal Trade Commission. This matter was investigated by the Virginia Attorney General’s Medicaid Fraud Control Unit; FDA - Office of Criminal Investigation; United States Postal Service – Office of Inspector General; and Department of Health and Human Services - Office of Inspector General.
The civil settlement was handled by Edward Crooke of the Civil Division’s Commercial Litigation Branch, Sara Bugbee Winn of the U.S. Attorney’s Office for the Western District of Virginia, and Andrew A. Caffrey III of the U.S. Attorney’s Office for the District of New Jersey. Assistance was provided by representatives of the HHS Office of Counsel to the Inspector General; the HHS Office of the General Counsel, CMS Division; FDA’s Office of Chief Counsel; the U.S. Attorney’s Office for the Eastern District of Virginia; the U.S. Department of Agriculture Office of the General Counsel; the National Association of Medicaid Fraud Control Units; the Defense Criminal Investigative Service; the Office of Personnel Management - Office of Inspector General; the Department of Veterans’ Affairs Office of Inspector General; the Department of Labor - Office of Inspector General; and TRICARE Program Integrity.
The joint effort advances the goals of the Department’s Prescription Interdiction & Litigation (PIL) Task Force to deploy all available criminal, civil, and regulatory tools to hold opioid manufacturers accountable for unlawful practices and to ensure that prescription opioid products are marketed truthfully.
Except to the extent admitted as part of the criminal resolution, the claims resolved by the civil settlement are allegations only. There has been no determination of liability in the civil case.
For more information about the U.S. Attorney’s Office for the Western District of Virginia, visit its website at https://www.justice.gov/usao-wdva. Additional information about the Consumer Protection Branch and the Civil Fraud Section and their enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch and http://www. justice.gov/civil/fraud-section. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Tennessee Woman Sentenced on Health Care Fraud ChargeRead the Press Release
ABINGDON, VIRGINIA. – A Strawberry Plains, Tennessee woman, who billed Virginia Medicaid for services that were not completed, was sentenced today in U.S. District Court in Abingdon to three years of probation, including three months of house arrest, and 200 hundred hours of community service, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced.
Kathy Marie Patrick, 62, previously pleaded guilty to health care fraud. Patrick was also ordered to pay restitution to the Virginia Medicaid program in the amount of $30,968.
According to court documents, Patrick worked as a services facilitator for Virginia Medicaid from August 2012 through September 2019. Services facilitators are responsible for assisting individuals, who have chosen to receive care at home as an alternative to a nursing facility, by providing home visits, training, assessments, and other services on a regular basis.
Patrick admitted at her guilty plea hearing that on multiple occasions, she billed for training and home visits with Medicaid recipients that had not actually been completed. Some of these visits were alleged to have occurred while Patrick was working her other jobs at the Cumberland Mountain Community Services Board and, later, Dollywood.
The investigation of the case was conducted by the Office of the Attorney General’s Medicaid Fraud Control Unit. Special Assistant United States Attorney and Assistant Attorney General Janine Myatt is prosecuting the case for the United States.
Florida Man Sentenced for Shipping Synthetic Drugs to Southwest VirginiaRead the Press Release
ABINGDON, VIRGINIA. – Michael John Harrigan, a Florida man who was convicted of conspiring to distribute Schedule I controlled substances in the form of synthetic cannabinoids, was sentenced today in U.S. District Court here to 36 months in federal prison, United States Attorney Thomas T. Cullen announced.
Harrigan, 60, and a co-defendant, Jared Andrea Roa, 30, of Tampa, Fla., pleaded guilty in November 2019 to conspiring to distribute Schedule I controlled substances in the form of synthetic cannabinoids. Additionally, Harrigan agreed to forfeit $500,000 in criminal proceeds to the United States.
According to court documents, Harrigan and Roa admitted to packaging and shipping large quantities of AB-FUBINACA, a Schedule I synthetic cannabinoid, throughout the United States via the United States Postal Service, and other shipping services. Quantities of these drugs were sent to the Western District of Virginia from Florida, including packages that were intercepted before delivery in Coeburn, Va. in October 2014. Additionally, in September 2017, a search of a storage unit belonging to Roa in Tampa, Fla. yielded quantities of AB-FUBINACA, packaging materials, and address labels listing Harrigan’s name and address. Harrigan’s illegal profits from this drug activity were found to have been at least $500,000.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Postal Inspection Service, Drug Enforcement Administration, the Wise County Sheriff’s Office, and the Southwest Virginia Drug Task Force. Assistant United States Attorneys Lena Busscher and Zachary T. Lee prosecuted the case for the United States.
Convicted Felon Sentenced for Selling Stolen Firearms in WythevilleRead the Press Release
ABINGDON, VIRGINIA – John Benjamin Webb was sentenced today in U.S. District Court in Abingdon to 42 months in federal prison on charges he illegally possessed and later sold stolen firearms. United States Attorney Thomas T. Cullen made the announcement today following Webb’s sentencing hearing.
Webb, 44, of Pipestem, West Virginia, previously pleaded guilty to possession of stolen firearms, the illegal transfer of stolen firearms, and the illegal possession of a firearm by a previously convicted felon.
According to court documents, Webb admitted to breaking into the home of a neighbor and stealing two shotguns, two rifles, and cash. Webb then took the stolen guns to Wytheville, Virginia where he sold them at a pawnshop. At the time Webb sold the firearms, he previously had been convicted of several felony offenses.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, West Virginia State Police, Mercer County West Virginia Sheriff’s Office, and Virginia State Police. Assistant United States Lena Busscher prosecuted the case for the United States.
Pair Plead Guilty to Conspiring to Transport More than $97,000 in Stolen CashRead the Press Release
ABINGDON, VIRGINIA – A pair of New York men, who were stopped for speeding by a Wythe County Sheriff’s Deputy who later discovered more than $97,000 in stolen cash in the vehicle, pleaded guilty last week in U.S. District Court in Abingdon to conspiring to transport the stolen money in interstate commerce, United States Attorney Thomas T. Cullen announced.
Zeidan Hamad Saado, 20, and Ali Salim Mberwa, 21, both of Buffalo, New York, each pleaded guilty last week to conspiring to transport in interstate commerce money with a value of $5,000 or more, knowing it had been stolen. At sentencing, each defendant faces a maximum statutory penalty of up to five years in prison and or a fine of up to $250,000.
According to court documents, on January 28, 2020, at approximately 3:00 a.m., a Wythe County Sheriff’s deputy stopped a Toyota Prius driven by Saado for going 89 m.p.h. in a 65 m.p.h. zone. At the time, Mberwa was a passenger in the car and a minor passenger, “D.P.” was also present. The deputy smelled marijuana and observed marijuana on the floorboard of the vehicle. In addition, the deputy determined the vehicle’s license plate was registered to a Mitsubishi rather than a Toyota Prius.
Saado told the deputy there was more marijuana in the car. When the deputy opened the rear door, he observed a pile of cash under the front seat. The bills were in $100 denominations and were bundled almost exclusively in “Loomis” bank bands. Altogether, there was at least $97,340 of stolen cash in the car.
Investigators learned that D.P. had been living with D.P’s mother and D.P.’s mother’s boyfriend in Florida. D.P. knew the mother’s boyfriend had a large amount of cash stored in a safe, and asked Saado and Mberwa to travel from New York to Florida to steal the money from the safe. D.P. agreed to pay a portion of the money to Saado for driving and a portion to Mberwa for his role in the scheme.
The trio traveled from New York to Florida, went to the door of D.P.’s mother’s home and engaged her in conversation to distract her while D.P. went inside and took cash from the boyfriend’s safe. After D.P. took the money, the trio began their journey back to New York before they were stopped in Virginia.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Wythe County Sheriff’s Office. Assistant United States Attorneys Zachary T. Lee and Whit D. Pierce are prosecuting the case for the United States.
Inmate Visitor Sentenced for Introducing Heroin and Buprenorphine to USP LeeRead the Press Release
ABINGDON, VIRGINIA – Shauntae Crummer, a visitor at United States Penitentiary [USP] Lee in Jonesville, Virginia was sentenced yesterday in U.S. District Court for introducing heroin and buprenorphine into the penitentiary. United States Attorney Thomas T. Cullen announced the sentence today.
Crummer, 29, of Lakeland, Florida, was sentenced to 36 months in prison. Crummer previously pleaded guilty to providing narcotics to an inmate at USP Lee and conspiracy to possess and possess with the intent to distribute heroin.
Co-defendant Tylan Lucas is scheduled to be sentenced July 15, 2020, for his role in the conspiracy.
The investigation of the case was conducted by the Federal Bureau of Prisons. Special Assistant United States Attorney Debbie Stevens prosecuted the case for the United States.
Opioid Manufacturer Indivior's Chief Executive Officer Pleads Guilty in Connection with Drug Safety ClaimsRead the Press Release
ABINGDON, VIRGINIA – The chief executive officer of Indivior PLC, Shaun Thaxter, pleaded guilty today in federal court in Abingdon, Virginia to a one-count information charging him with causing the introduction into interstate commerce of the opioid drug Suboxone Film, which was misbranded in violation of the Federal Food, Drug, and Cosmetic Act.
Thaxter served as Indivior’s top executive since 2009 (including the time period prior to December 2014 when Indivior was known as Reckitt Benckiser Pharmaceuticals). Indivior announced yesterday that Thaxter is stepping down as chief executive officer. When Indivior was known as Reckitt Benckiser Pharmaceuticals it was a subsidiary of British conglomerate Reckitt Benckiser Group (RB Group). RB Group paid $1.4 billion in 2019 to resolve its liability to the United States and various states related to the marketing of Suboxone.
Suboxone Film is a drug product approved for use by recovering opioid addicts to avoid or reduce withdrawal symptoms while they undergo treatment. Suboxone and its active ingredient, buprenorphine, are powerful and addictive opioids. Thaxter was charged in connection with Indivior’s misrepresentations to a state Medicaid program regarding the safety of Suboxone Film.
“Our nation is confronting the deadliest drug crisis in American history. Opioid withdrawal is dangerous, difficult, and painful, and the people struggling to overcome addiction face challenges that can often seem insurmountable,” said Deputy Assistant Attorney General Michael D. Granston of the Department of Justice’s Civil Division. “Opioid manufacturers, and the individuals charged with managing them, are obligated to ensure the opioid drugs they sell are marketed and distributed honestly, responsibly, and in compliance with the law.”
“The public must be able to trust pharmaceutical manufacturers and their executives—particularly when they are marketing powerful opioids,” said First Assistant U.S. Attorney Daniel P. Bubar of the Western District of Virginia. “While he was the top executive of Indivior, Shaun Thaxter violated that trust, and must be held accountable. I am very proud of the continued partnership between our office and the Virginia Medicaid Fraud Control Unit, FDA, HHS, and the U.S. Postal Service.”
According to the criminal information filed in court today, Thaxter had authority over Indivior’s marketing and sales of Suboxone Film which, along with other Suboxone products, generated substantially all of the company’s revenue. In 2012, Thaxter oversaw and encouraged Indivior’s efforts to secure formulary coverage for Suboxone Film from the Massachusetts Medicaid agency called MassHealth. Thaxter asked Indivior employees under his direction to devise a strategy to win preferred drug status for Suboxone Film and counteract a non-opioid competitor MassHealth was considering for opioid-addiction treatment. Certain Indivior employees subsequently shared false and misleading safety information with MassHealth officials about Suboxone Film’s risk of accidental pediatric exposure. Two months after receiving that false and misleading information, MassHealth announced it would provide access to Suboxone Film for Medicaid patients with children under the age of six.
Thaxter pleaded guilty to a misdemeanor count of violating the Federal Food, Drug, and Cosmetic Act by causing the distribution of misbranded Suboxone Film in interstate commerce. Under the terms of the plea agreement filed today, Thaxter has agreed to pay $600,000 in fines and forfeiture and faces up to one year in prison. Thaxter will be sentenced on Sept. 29, 2020, by U.S. District Court Judge James P. Jones in Abingdon, Virginia.
“Opioid addiction and abuse is an immense public health crisis and taking steps to address it is one of the FDA’s highest priorities,” said FDA Commissioner Stephen M. Hahn, M.D. “Providing misleading information about relative product benefits could undermine efforts to provide affordable treatment to those suffering from this crisis. We will continue to work with the Department of Justice to investigate and hold accountable those who devise and participate in schemes to the detriment of the public health.”
“The U.S. Postal Service spends billions of dollars per year in workers compensation-related costs, most of which are legitimate,” said Kenneth Cleevely, Special Agent in Charge of the Eastern Field Office for the U.S. Postal Service Office of Inspector General. “However, when medical providers or companies choose to flout the rules and profit illegally, special agents with the USPS OIG will work with our law enforcement partners to hold them responsible. To report fraud or other criminal activity involving the Postal Service, contact our special agents at www.uspsoig.gov or 888-USPS-OIG.”
“By valuing profits over patients, Thaxter’s directions endangered numerous Medicaid beneficiaries and their families, especially young children, with accidental opioid exposure. When treatment medications are used, it is essential they be prescribed carefully, legally, and based on accurate information, to protect the health and safety of patients in federal healthcare programs,” said Elton Malone, Assistant Inspector General for Investigations with the Office of Inspector General of the U.S. Department of Health and Human Services. “Protecting the health and safety of those served by Federal Healthcare Programs is of the utmost importance to OIG. Along with our federal and state law enforcement partners we will continue working to protect beneficiaries from harm as a top priority.”
“We are still in the middle of a deadly opioid crisis that has taken the lives of thousands of Virginians,” said Virginia Attorney General Mark Herring. “We cannot allow opioid manufacturers and their executive leadership to take advantage of this opioid epidemic and put profits over human lives just to sell more product. I want to thank my Medicaid Fraud Control Unit as well as our local, state, and federal partners for their continued partnership on these important cases.”
On April 9, 2019, a federal grand jury sitting in Abingdon, Virginia, indicted Indivior for allegedly engaging in an illicit nationwide scheme to increase prescriptions of Suboxone. The United States’ criminal trial against Indivior is scheduled to begin on September 28, 2020, in the U.S. District Court in Abingdon, Virginia. Indivior is presumed innocent until proven guilty.
The criminal cases against Thaxter and Indivior are being prosecuted by attorneys from the U.S. Attorney’s Office for the Western District of Virginia and the Department of Justice’s Civil Division, including Albert P. Mayer, Randy Ramseyer, Kristin L. Gray, Joseph S. Hall, Janine M. Myatt, Garth W. Huston, Carol Wallack, Charles J. Biro, and Matthew J. Lash. The criminal investigation of Thaxter was handled by the FDA’s Office of Criminal Investigations; the Virginia Medicaid Fraud Control Unit; the United States Postal Service
- Office of Inspector General; and the U.S. Department of Health and Human Services - Office of Inspector General. Assistance was provided by representatives of the FDA’s Office of Chief Counsel.Roanoke Man Pleads Guilty to Distributing HeroinRead the Press Release
ROANOKE, VIRGINIA – James Robert Banks, a Roanoke man responsible for distributing between one and three kilograms of heroin throughout the Roanoke area in 2019, pleaded guilty today in U.S. District Court to federal drug distribution charges. United States Attorney Thomas T. Cullen announced the guilty plea this afternoon.
Criminal charges against Banks arose from his sale of heroin on specific dates in August and November 2019. According to court documents, law enforcement agents arranged for the controlled purchase of approximately $6,000 worth of heroin from Banks on two occasions. In both instances, Banks sold the heroin from a commercial auto repair facility on Centre Avenue in Roanoke, owned by his father. In connection with his guilty plea to distribution charges, Banks has acknowledged distributing between one and three kilograms of heroin in the Roanoke area in 2019.
Investigation of this case was conducted by the Drug Enforcement Administration and member agencies of the High Intensity Drug Trafficking Area Task Force (HIDTA), including the City of Roanoke Police Department, Virginia State Police, Roanoke County Police Department, and Salem Police Department. Additional support was provided by the Federal Bureau of Investigation. Assistant United States Attorneys Kari Munro and Dan Bubar prosecuted the case for the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), a centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of law enforcement groups use evidence-based techniques to identify and address violent and related crime in local communities with the aim of focusing law enforcement efforts on the most violent offenders. As part of this strategy, the PSN initiative involves partnerships with locally-based prevention and reentry programs for lasting reductions in crime.
Virginia Beach Man Arrested on Charge of Transmitting in Interstate Commerce a Threat to Injure or Kill U.S. SenatorRead the Press Release
ABINGDON, Va. – A Virginia man, who allegedly transmitted a threat via interstate commerce to kill a United States Senator, was arrested yesterday in Virginia Beach on a federal criminal complaint. United States Attorney Thomas T. Cullen and U.S. Capitol Police Chief Steven A. Sund made the announcement today following the defendant’s initial court appearance this afternoon.
Dylan Stephen Jayne, 37, of Virginia Beach, Va., was arrested yesterday on a federal criminal complaint and charged with one count of transmitting a threat via interstate commerce by leaving a voicemail message and threatening to kill a United States Senator.
According to court documents, on the morning of September 2, 2019, Jayne called the Abingdon office of United States Senator Mark Warner and threatened to kill the Senator regarding Jayne’s perceived lack of receiving Social Security payments.
The investigation of this matter is being conducted by the United States Capitol Police, and the Burlington, Vermont Police Department. The Virginia Beach Police Department and U.S. Marshals Service assisted in the apprehension of the suspect. Assistant United States Attorney Jennifer R. Bockhorst is prosecuting the case for the United States.
A criminal complaint is only a charge and not evidence of guilt. All defendants are considered innocent until proven guilty.
Local Man Arrested for Lying About Marion Cross Burning, Interfering with Fair Housing Based on RaceRead the Press Release
ABINGDON, VIRGINIA – James Brown, of Marion, Virginia, was arrested this afternoon and charged with lying to federal agents about his involvement in the burning of a cross on the front lawn of an African-American woman’s home and criminal interference with fair housing based upon the victim’s race. United States Attorney Thomas T. Cullen and Neil L. Mathison, Acting Special Agent in Charge of the FBI’s Richmond Division made the announcement.
“The frightening act at the center of today’s complaint—a racially motivated cross burning—interfered with the victim’s federally protected right to fair housing,” U.S. Attorney Cullen stated today. “Acts of violence, threats, and other forms of intimidation prompted by racial animus are serious federal crimes, and we will continue to work closely with the FBI to hold offenders accountable.”
“The FBI is committed to protecting all citizens, and will aggressively investigate acts of intimidation or violence against anyone based on race or ethnicity,” Acting Special Agent in Charge Mathison said today. “We thank the Marion County Police Department, the Smyth County Sheriff's Office and the United States Attorney's Office's Western District of Virginia for their swift and direct attention to this incident.”
Brown, 40, was arrested today on a federal criminal complaint charging him with lying to federal agents and criminal interference with fair housing based upon the victim’s race.
According to court documents, on June 14, 2020, at approximately 12:55 a.m., the Marion Police Department received a report of a burning cross in the front yard of an African-American family, one of whom had organized a civil rights protest the day before. In the following days, working with the FBI, investigators learned of the involvement of Brown. When questioned by investigators if he had anything to do with the cross-burning incident, Brown allegedly lied. Witnesses interviewed during the investigation stated that Brown admitted to the cross burning and used racial epithets when referring to the African American family.
The investigation of the case was conducted by the Federal Bureau of Investigation, the Marion Police Department, and the Smyth County Sheriff’s Office. Assistant United States Attorney Zachary T. Lee is prosecuting the case for the United States.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Owner and Operator of Tennessee Drug Screening Lab Plead Guilty to Health Care FraudRead the Press Release
ABINGDON, VIRGINIA – Michael Norman Dube, 59, who operated American Toxicology Labs, pleaded guilty today in the Western District of Virginia to health care fraud charges. Dube’s wife, Regan Gran Dube, 40, also pleaded guilty. United States Attorney Thomas T. Cullen of the Western District of Virginia, United States Attorney Robert M. Duncan, Jr. of the Eastern District of Kentucky, and Virginia Attorney General Mark G. Herring made the announcement.
The Dubes, of Johnson City, Tennessee, pleaded guilty today in U.S. District Court in Abingdon. Michael Dube pleaded guilty to two counts of health care fraud (one filed in the Western District of Virginia and one filed in the Eastern District of Kentucky). Regan Dube pleaded guilty to one count of health care fraud in the Western District of Virginia. At sentencing, each defendant faces a maximum statutory term of imprisonment of up to 10 years. Regan Dube will be sentenced September 15, 2020 at 2:30 p.m. Michael Dube will be sentenced September 17, 2020 at 2:30 p.m.
“The Dubes preyed upon a healthcare system that is supposed to help those in need. This is particularly egregious, given Michael Dube’s prior exclusion from federal health care programs,” First Assistant United States Attorney Daniel P. Bubar said today. “I am proud of the collaboration between our federal and state partners in Virginia, Kentucky, and Tennessee, which produced this just result.”
“Michael Dube defrauded Medicaid programs in two states, taking public money that he was not entitled to receive and furthering his own interests,” stated Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “Today’s guilty pleas are the product of close cooperation between two United States Attorney’s Offices and several law enforcement agencies and show our resolve in preventing fraud, waste, and abuse of the essential resources of government programs.”
“Healthcare fraud not only wastes hundreds of thousands of taxpayer dollars, but it also undermines an important system that provides thousands of Virginians with critical medical services,” said Attorney General Mark Herring. “I am incredibly proud of the work my nationally-renowned Medicaid Fraud Control Unit has done and we will continue to work with our federal partners to pursue these egregious cases of fraud and abuse.”
“Opioid addiction continues to be a public health emergency and it is important that treatment providers act with honesty and integrity in combatting the crisis. In cooperation with our federal and state law enforcement partners, we will continue to investigate and bring to justice those who defraud federal programs of resources to fight this epidemic,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations, Metro Washington Field Office.
“The Medicare and Medicaid programs require providers to be truthful on all documents and claims submitted,” said Maureen R. Dixon, Special Agent in Charge of the Office of the Inspector General for the U.S. Department of Health and Human Services. “HHS-OIG will continue to work with our Federal and State partners to hold providers accountable for fraudulent actions and safeguard the Medicare and Medicaid programs from fraud, waste and abuse.”
According to court documents, in March 2011, Michael Dube pleaded guilty in the Eastern District of Tennessee to one count of intentionally omitting information from reports as required under the Controlled Substances Act. As a result of his conviction, the Department of Health and Human Services [HHS] informed Dube in a letter dated June 29, 2012, that he was excluded from participating in any federal health care program.
Nonetheless, in May 2013, Michael and Regan Dube established American Toxicology Labs [ATL] in Johnson City, Tennessee, with Regan Dube serving as the company’s registered agent, and using the couple’s home address as the principal office and mailing address. ATL then applied to participate in Medicare and Medicaid. On the applications, Regan Dube was listed as the owner of ATL, and Michael Dube’s name and participation in ATL was omitted.
ATL conducted urine screens for various entities who represented themselves to be opioid treatment facilities. Between May 1, 2014, and January 31, 2020, Medicare, Virginia Medicaid, Kentucky Medicaid and TennCare made payments to ATL that totaled approximately $8.5 million. During this time, Michael Dube made employment decisions, negotiated business arrangements with providers, and otherwise participated in the management of ATL.
In addition, Michael Dube also received kickback payments from third-parties for referring individuals to those third-parties for services for which payment was made (in whole or in part) by federal health care programs. These payments were deposited in Michael and Regan Dube’s personal checking account in a total amount of $441,646.
As a result of their guilty pleas, Michael and Regan Dube will pay a total of $9,015,046, plus interest, to be divided between special assessments, fines, restitution, and forfeiture. They will have to repay all of the money they received from Medicare and Medicaid programs.
The investigation of the case was conducted by the Food and Drug Administration Office of Criminal Investigations, Virginia Medicaid Fraud Control Unit of the Office of the Attorney General, the Department of Health and Human Services Office of the Inspector General, the Drug Enforcement Administration, the Virginia State Police, and Internal Revenue Service – Criminal Investigations, and the Tennessee Bureau of Investigation. The prosecution of the case was conducted by the United States Attorneys’ Offices for the Western District of Virginia (by Special Assistant United States Attorney and Assistant Attorney General Janine Myatt, Assistant United States Attorneys Whit Pierce, Krista Frith, and Randy Ramseyer) and the Eastern District of Kentucky (by Andrew Smith and Gregory Rosenberg). The United States Attorney’s Office for the Eastern District of Tennessee provided valuable assistance.
Bristol, Virginia Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ABINGDON, VIRGINIA – A Bristol, Virginia man, who corresponded with and sent lewd pictures to an FBI employee he believed to be a 14-year-old female, pleaded guilty today in federal court to a series of charges related to the distribution and possession of child pornography. United States Attorney Thomas T. Cullen and David W. Archey, Special Agent in Charge of the FBI’s Richmond Division made the announcement.
Jonathan Neal Sexton, 33, pleaded guilty today in U.S. District Court in Abingdon to two counts of distributing child pornography and one count of possessing child pornography. At sentencing, Sexton will be sentenced to an agreed upon term of imprisonment between 120-180 months. He will be sentenced on September 14, 2020.
According to court documents, between February 2020 and May 2020, Sexton used the chat application KIK to correspond with who he believed to be a 14-year-old female. The 14-year-old was actually an undercover employee of an FBI Human Trafficking & Child Exploitation Task Force. During these chats, despite the “teen” being in the “clean area” of the KIK app, Sexton engaged the “teen” in conversations about masturbation, sex toys, sexual intercourse, and other topics. He also sent pictures of sex toys and videos of himself masturbating. He routinely asked the “teen” to send him nude pictures, and referenced the time when they could see each other and engage in sexual conduct. On multiple occasions, Sexton sent the “teen” pictures of prepubescent females nude and engaging with prepubescent males in sexual conduct.
The investigation of this case was conducted by the Federal Bureau of Investigation, Virginia State Police, United States Marshal’s Service, and the Bristol, Virginia Police Department. Assistant United States Attorneys Zachary T. Lee and Lena Busscher are prosecuting the case for the United States.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child 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 exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Virginia Resident Indicted for Employment Tax Evasion and Obstructing the IRSRead the Press Release
A federal grand jury in Roanoke, Virginia, returned an indictment today, charging a Virginia resident with evading payment of employment taxes and attempting to obstruct the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia.
According to the indictment, Jeffrey Tharpe was the owner and operator of Shearin Construction Inc. (Shearin Construction), an excavating and heavy construction business located in Charlotte County. From 2002 through 2013, Tharpe allegedly caused payroll taxes to be withheld from Shearin Construction’s employees’ wages, but failed to fully pay them over to the IRS. In an attempt to make it appear that Tharpe had no ownership interest in the company or its funds, Tharpe allegedly placed the company and its assets in his wife’s name. When the IRS attempted to collect the outstanding payroll taxes from Tharpe’s wife, Tharpe allegedly caused his wife to transfer her interest in real property to him and then encumbered the property with fake debts to place it beyond the IRS’s reach. The indictment alleges that Tharpe owes more than $940,000 in employment taxes, interest, and penalties.
If convicted, Tharpe faces a maximum sentence of five years in prison for tax evasion, and three years in prison for obstructing the IRS. He also faces a period of supervised release, restitution, and monetary penalties.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Cullen commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Alexander Effendi and William Montague of the Tax Division, who are prosecuting this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Department of Justice Announces Launch of Civil Rights Reporting PortalRead the Press Release
WASHINGTON – The Department of Justice today announced the launch of the Civil Rights Reporting Portal. This new online tool will make it easier for the public to report a civil rights violation.
“The department is committed to upholding the civil and constitutional rights of all people in the United States,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Civil Rights Reporting Portal will make it easier for the public to connect with us, which in turn makes us more effective at upholding these important rights. I encourage the public to use this portal to report civil rights violations.”
The new Civil Rights Reporting Portal – located at civilrights.justice.gov – will consolidate over 30 unique reporting pathways. The portal will dramatically ease the burden on victims of civil rights violations to identify the proper reporting channel. The form is fully accessible to people with disabilities. It is also available in both English and Spanish, with more languages to be added over the next year.
Individuals who believe that they may have been victims of civil rights violations should contact the department by visiting civilrights.justice.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Files Civil Forfeiture Complaint in COVID-19 Fraud CaseRead the Press Release
ROANOKE, Va. – The United States filed a civil complaint here today to recover more than $543,000 from individuals based in China who purported to sell face masks and N-95 respirators at inflated prices but never shipped the products.
According to court documents, a number of fraudulent websites were established to purportedly sell N-95 respirators and other protective facemasks in February and March of 2020, just as the number of COVID-19 cases were rising in the United States and the demand for this type of equipment was increasing. The websites were a fraud.
“It is unconscionable that anyone would exploit the increased demand for personal protective equipment brought on by the COVID-19 international pandemic,” First Assistant United States Attorney Daniel P. Bubar said today. “Today’s complaint demonstrates our Office’s commitment to aggressively pursue those who attempt to defraud individuals and entities during this public health crisis. I am proud of Coronavirus Fraud Task Force and the way we have worked together across Virginia to hold fraudsters accountable.”
Payments for the masks were made through four separate PayPal accounts, all associated with telephones numbers and internet protocol addresses based in China. Law enforcement in the United States became aware of these websites when customers began to notice irregularities with their orders. Some customers simply never received the masks they ordered. Other customers, instead of receiving masks or respirators, received toys or rhinestone necklaces. Victims of the fraud include individuals in the Western District of Virginia, a Florida municipality, and a Wisconsin sheriff’s office.
“The Virginia Coronavirus Fraud Task Force is committed to identifying and pursuing fraudsters seeking to exploit this pandemic,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “As today’s action shows, we will continue to use all available tools to disrupt overseas criminals who defraud our citizens as they try to protect themselves and their families.”
Today’s filing will forfeit $205,242 from one account, $128,868 from another, $194,982 from a third, and $13,923 from a fourth account. All of these PayPal accounts were associated with the fraudulent websites.
“Criminals have taken advantage of the COVID crisis for months to steal money from unsuspecting victims,” said David W. Archey, Special Agent in Charge of the FBI’s Richmond Division. “Investigation by the Virginia Coronavirus Fraud Task Force (VCFTF) identified several fraudulent websites that marketed protective equipment at high mark-up but then never shipped the goods to customers. The forfeiture complaint filed today by the U.S. Attorney will prevent these fraudsters from profiting from the pandemic, as well as provide restitution to their victims. The FBI encourages anyone who suspects fraud or has been victimized to report those events to the FBI’s Internet Crime Complaint Center (www.IC3.gov).”
“The fraud perpetuated by these entities is unacceptable and put countless lives at stake during the height of the COVID-19 pandemic,” said Virginia Secretary of Public Safety and Homeland Security Brian Moran. “I am proud of the fact that our state and federal public safety partners had the foresight to recognize the potential for foreign and domestic entities to prey on Virginians during a worldwide crisis. Due to the quick and effective actions by law enforcement and the U.S. Attorney’s Office, these fraudulent entities will be now held responsible for their harmful, deceptive practices.”
Mr. Bubar thanked the Department of Justice’s COVID-19 Hoarding and Price Gouging Task Force. Attorney General William P. Barr created the COVID-19 Hoarding and Price Gouging Task Force, led by Craig Carpenito, United States Attorney for District of New Jersey, who is coordinating efforts with the Antitrust Division and U.S. Attorneys across the country wherever illegal activity involving protective personal equipment occurs.
The investigation of the case was conducted by the FBI’s Richmond Division. Assistant U.S. Attorneys Krista Consiglio Frith and Michael Baudinet are litigating the case.
The Virginia Coronavirus Fraud Task Force:
https://www.justice.gov/usao-wdva/covid-19-fraud
Western Virginia Coronavirus Fraud Coordinator, Assistant U.S. Attorney Michael Baudinet, [email protected] or 540-278-1494.
Eastern Virginia Coronavirus Fraud Coordinator, Assistant U.S. Attorney Kaitlin G. Cooke, [email protected] or 804-819-5416.
To report a COVID-19 fraud scheme or suspicious activity, contact the National Center for Disaster Fraud (NCDF) at http://justice.gov/disastercomplaintform.
FBI at: https://www.ic3.gov or 804-261-1044.
To report fraudulent activity to the Virginia State Police, Virginians can contact the Virginia Fusion Center (VFC) at [email protected].
For continuing information on the COVID-19 virus and the federal response, check https://www.cdc.gov/coronavirus/2019-ncov/index.html
FiledCivilComplaintU.S. Attorney’s Office Launches Project Safe Neighborhoods Grant ProgramRead the Press Release
ROANOKE, Va. – United States Attorney Thomas T. Cullen announced today his office’s plan to make available $178,759 in grant funds to help improve offender intervention and rehabilitation efforts in three areas of the Western District of Virginia. The grant money is part of the Department of Justice’s Project Safe Neighborhoods [PSN] a nationwide program designed to create and foster safer neighborhoods through a sustained reduction in violent crime by, among other means, addressing criminal gangs and the illegal use of firearms. More information regarding the U.S. Attorney’s Office PSN program, the available grant funds, and the grant-application process can be found at www.vachiefs.org/psn-wdva.
“Community-focused prevention, outreach, and rehabilitation efforts play an important role in reducing violent crime and gang-related activity,” U.S. Attorney Cullen stated today. “I am excited that my friend and former U.S. Attorney Tim Heaphy has agreed to oversee our grant-selection process and am confident that he will deploy these resources wisely.”
The PSN Grant Program is eligible to nonprofits, community organizations and services providers, faith-based groups, and units of local or state governments that operate or have the ability to serve one of the three PSN target enforcement areas for the Western District of Virginia- the City of Danville, the City of Lynchburg, and the Roanoke County/Roanoke City region.
In recent years, violent crime has risen in Roanoke, Danville, and Lynchburg. For example, in 2016 the homicide rate in Danville spiked from an average of four murders per year to 16 total. Per capita, this homicide rate exceeded that of major Virginia urban areas like Richmond and Hampton Roads. Intelligence and evidence attributes this violence to increased street gang activity, which is consistent with statewide crime trends.
In response, the United States Attorney’s Office for the Western District of Virginia implemented PSN. Called Project Community Justice, the backbone of PSN is the collaboration of community organizations as well as federal, state, and local law-enforcement agencies to build evidence-based and intelligence-led approaches to identifying the most violent gangs and offenders in each community and deploying their combined resources not only to prevent violent crimes but also, through offender intervention and rehabilitation efforts, to help break the cycle of violence by addressing its underlying causes. The Grants Program is just one component of multiple concerted efforts the U.S. Attorney’s Office has implemented in Danville, Roanoke, and Lynchburg.
The United States Attorney’s Office recognizes that local government leaders, social service providers, neighborhood leaders, and members of the faith community are an essential part of a successful PSN program, especially those focused on at-risk youth and gang intervention efforts, and hopes that the available grant funds will enable local entities and nonprofits to further their missions of crime prevention and offender intervention and rehabilitation.
Under the program, $178,759 is available to eligible entities in the Western District of Virginia. Those funds will be divided between Danville, Roanoke, and Lynchburg.
In order to administer its PSN grant funds, the United States Attorney’s Office has selected community members to serve as members of an independent Grants Committee. The Committee is chaired by Timothy J. Heaphy, a former United States Attorney for the Western District of Virginia and the current General Counsel for the University of Virginia, and is composed of community-outreach experts, grant experts, community leaders, and former law-enforcement personnel. None of the members are current federal employees, and no member will be eligible to apply for or receive PSN funding. This Grants Committee has selected the Virginia Association of Chiefs of Police and Foundation, Inc. (VACP) to serve as its Fiscal Agent for these funds.
Complete applications should be submitted to [email protected] by 5:00 p.m., on July 17, 2020.
Inmate at USP Lee Pleads Guilty to Unlawfully Possessing WeaponRead the Press Release
ABINGDON, Va. – An inmate at the USP Lee in Jonesville, Virginia, pleaded guilty today in U.S. District Court to unlawfully possessing a weapon inside the prison, United States Attorney Thomas T. Cullen announced.
Antwan Johnson, 28, of Jonesville, pleaded guilty today to one count of possessing contraband in a prison, that contraband being a weapon. Johnson, who faces up to an additional five years in prison for his most recent offense, will be sentenced on September 3, 2020.
According to information presented at his guilty plea hearing, on January 6, 2020, Johnson was subjected to a search by Bureau of Prisons Officers before being escorted into the shower area. At that time, officers were alerted to a metal object in the defendant’s right shoe. The object discovered was approximately 7.5 inches long, made of metal, sharpened to a point at one end with a handle made of fabric on the other end.
The investigation of the case was conducted by the Federal Bureau of Prisons. Special Assistant United States Attorney Steven J. Luckie prosecuted the case for the United States.
Richlands Man Faces Federal Charge of Lying to Federal Agents About Cause of Injuries, Possession of ExplosivesRead the Press Release
ABINGDON, Va. – In a federal criminal complaint issued yesterday, a Richlands, Va. man, who appeared at a health clinic with severe injuries to his hands and fingers, is charged with lying to federal investigators about how he was injured and whether or not he possessed explosives. United States Attorney Thomas T. Cullen, David W. Archey, Special Agent in Charge of the FBI’s Richmond Division, Special Agent in Charge Ashan M. Benedict of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Washington Field Division, and Colonel Gary T. Settle, Superintendent of the Virginia State Police made the announcement today.
Cole Carini, 23, was arrested yesterday and is charged with one count of lying to federal agents. He will make his initial appearance in later today in U.S. District Court.
According to court documents, on June 3, 2020, Carini went to a health clinic in Richlands suffering from an amputated hand, amputated fingers on the opposite hand, and shrapnel wounds to the neck and throat. After being interviewed at the hospital by officers, Carini reported that his injuries were caused by a lawn mower accident at his home.
During a search of Carini’s home, agents found the lawn was overgrown and found no other evidence indicating a lawn mower had recently been used. They did, however, find evidence of an explosion, more consistent with the types of injuries Carini had suffered. Agents also discovered significant quantities of what is believed to be Triacetone Triperoxide, an explosive substance used in the creation of improvised explosive devices.
When questioned again, Carini insisted that he was injured when the lawn mower flipped over while he was mowing the grass. Carini also stated he had no explosives in his residence.
The investigation of the case is ongoing and is being conducted by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Virginia State Police, the Richlands Police Department and the Tazewell County Sheriff’s Office. Assistant United States Attorneys Zachary T. Lee and Whit Pierce are prosecuting the case for the United States.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Front Royal Man Sentenced for Role in Baltimore-Front Royal Heroin Pipeline Distribution ConspiracyRead the Press Release
ROANOKE, Va. – Nikolai Hall-Andujar, of Front Royal, Virginia, was sentenced yesterday to 46 months in prison for his role in a heroin distribution conspiracy that brought hundreds of grams of the drug from Baltimore to Front Royal between 2015 and 2018. United States Attorney Thomas T. Cullen and Jesse R. Fong, Special Agent in Charge of the Drug Enforcement Administration’s Washington Field Division made the announcement today.
“The scourge of heroin and other illicit drugs entering the Northern Shenandoah County community has caused pain, addiction, and death for years,” First Assistant United States Attorney Daniel P. Bubar said today. “Eradicating these potentially lethal substances remains a top priority for law enforcement and I am grateful to the Drug Enforcement Administration and all the agencies involved in the Northwest Virginia Regional Drug and Gang Task Force for continuing to embrace the challenge.”
“The effect that heroin has had on our communities and families across the DMV has been devastating. The sentencing in this case, along with the help of local and federal agencies across the DMV, is to be commended for the impact it’s had on communities across Maryland, DC, and Virginia,” Special Agent in Charge Fong said today. “The DEA Washington Division is dedicated to continuing combatting this deadly problem for our area by taking dangerous criminals and organizations like this off our streets and combatting drug trafficking across our area.”
According to court documents, Hall-Andujar, who previously pleaded guilty to one count of conspiracy to distribute heroin, was part of the “Chris” heroin distribution organization based out of Baltimore. Between summer 2015 and spring 2018, Hall-Andujar was responsible for distributing no less than 400 grams of heroin to individuals in Front Royal and Winchester.
Hall-Andujar obtained quantities of heroin ranging from 4 to 5 grams at a time, every other day, and sometimes up to 10 grams, from the “Chris” pipeline in Baltimore. Once the purchase was complete, Hall-Andujar returned to Front Royal and Winchester to use and redistribute the heroin he obtained.
The investigation of the case was conducted by the Drug Enforcement Administration’s Winchester Office, the Front Royal Office of the Virginia State Police Northwest Regional Drug and Gang Task Force, the Baltimore City Police Department, the Baltimore County Police Department, the Frederick, Maryland Sheriff’s Office, the Loudoun County, Virginia, Sheriff’s Office and the Howard County, Maryland, Sheriff’s Office. Assistant United States Attorney Ronald M. Huber prosecuted the case for the United States.
Virginia Pharmacist Pleads Guilty to a Pair of Federal Drug ChargesRead the Press Release
ABINGDON, Va. – A pharmacist who worked at Rite Aid in Saltville, Virginia who was filling prescriptions in the names of at least five different dogs connected to his girlfriend’s veterinary clinic, pleaded guilty yesterday in U.S. District Court in Abingdon. United States Attorney Thomas T. Cullen and Jesse R. Fong, Special Agent in Charge of the Drug Enforcement Administration [DEA], Washington Field Division, made the announcement today.
Ryan Lowry Patrick, 34, of Gray, Tennessee, pleaded guilty yesterday in federal court to one count of obtaining drugs by fraud and one count of using the registration number of another in the course of acquiring a controlled substance. Patrick will be sentenced on August 28, 2020. At sentencing, he faces up to four years in prison and/or a fine of up to $250,000.
“We place great trust in our pharmacists to ensure that controlled substances are carefully and properly dispensed. When they break this trust and divert pharmaceutical drugs for illegal purposes, the cycle of addiction continues, with all of its harms,” said First Assistant United States Attorney Daniel P. Bubar. “We will continue to tirelessly prosecute anyone who participates in the opioid crisis.”
“From the street corner to the clinic to our pharmacies, DEA Washington will continue the critical work of bringing to justice those who are taking advantage of the system for their own gain and fueling the opioid crisis in Virginia,” Special Agent in Charge Fong said today.
According to evidence provided at his guilty plea hearing by Assistant United States Attorney Whit Pierce, Patrick worked as a pharmacist at Rite Aid in Saltville, Virginia. Patrick’s girlfriend operated a veterinary clinic located in Bluff City, Tennessee.
The DEA’s investigation uncovered that Patrick was filling multiple prescriptions in the names of five dogs that belonged to Patrick and his girlfriend for his own use. The prescriptions were written by a veterinarian who worked at the veterinary clinic operated by Bailey’s girlfriend.
A review by the DEA of the Virginia Prescription Monitoring Program [PMP] confirmed that between January 7, 2019 and December 29, 2019 approximately 47 prescriptions were filled in the names of the five dogs. All of these prescriptions were allegedly issued or authorized by the veterinarian.
Agents with the DEA reviewed records at the Saltville Rite Aid and were unable to trace the origins of the prescriptions listed in the PMP. When questioned, the veterinarian confirmed that many of the prescriptions for controlled substances the DEA found at the Rite Aid had been altered, and many were simply photocopies of previously written prescriptions. She further stated that one dog had been euthanized in August 2019 and the seven prescriptions filled for him after that date were clearly unauthorized.
The investigation of this case was handled by the Drug Enforcement Administration. Assistant United States Attorney Whit D. Pierce is prosecuting the case for the United States.
Tennessee Woman Pleads Guilty to Federal Drug ChargeRead the Press Release
ABINGDON, Va. – A Tennessee woman pleaded guilty yesterday in U.S. District Court in Abingdon to a federal drug conspiracy charge related to the distribution of more than 500 grams of methamphetamine between 2017 and September 2019, United States Attorney Thomas T. Cullen announced today.
Kayla Quesenberry, 31, pleaded guilty yesterday to one count of conspiracy to possess with the intent to distribute 500 grams or more of methamphetamine. A sentencing hearing has been scheduled for August 28, 2020. At sentencing, Quesenberry faces a mandatory minimum sentence of 10 years in prison and a maximum sentence of lifetime incarceration.
According to court documents, from approximately October 2017 to September 2019 Quesenberry was a member of a drug distribution conspiracy that operated in Northeast Tennessee and Southwest Virginia. As part of the conspiracy, Quesenberry obtained and transported multiple kilograms of methamphetamine from or for various sources and provided it to other members of the conspiracy for re-distribution throughout Southwest Virginia.
The investigation was handled by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, and the Virginia State Police. Assistant United States Attorney Cagle Juhan prosecuted the case for the United States.
Middlebrook Man Sentenced on Drug Conspiracy ChargeRead the Press Release
HARRISONBURG, VIRGINIA – John William Hooser III, a Middlebrook, Va., man who conspired with others to distribute methamphetamine, was sentenced today in U.S. District Court in Harrisonburg to 60 months in federal prison. United States Attorney Thomas T. Cullen and Drug Enforcement Administration Special Agent in Charge Jesse Fong made the announcement today
In October 2019, Hooser, 33, pleaded guilty to one count of conspiracy to distribute 500 grams or more of methamphetamine, one count of possessing with the intent to distribute methamphetamine, and one count of being an unlawful user of a controlled substance illegally in possession of a firearm.
According to court documents, from May 2018 to August 2018, Hooser conspired with others to traffic methamphetamine from a source of supply in Oklahoma into the Western District of Virginia. Hooser has admitted to participating in transactions totaling approximately 658 grams of methamphetamine during the life of the drug distribution conspiracy.
The case was investigated by the Drug Enforcement Administration, Shenandoah County Sheriff’s Department, Augusta County Sheriff’s Department, and the Staunton Police Department. Assistant United States Attorney Jeb Terrien prosecuted the case for the United States.
Texas Man Pleads Guilty to Cyberstalking, Making Interstate ThreatsRead the Press Release
HARRISONBURG, VIRGINIA – An Odessa, Texas man, who had an online relationship with a juvenile female in the Western District of Virginia, pleaded guilty today in U.S. District Court in Harrisonburg to cyberstalking and making interstate threats to the girl’s family following her suicide. United State Attorney Thomas T. Cullen and David W. Archey, Special Agent in Charge of the FBI’s Richmond Division made the announcement today.
Adrian Raul O’Dell, 20, was charged in October of 2019 and arrested the following month at his home in Texas. He pleaded guilty today to two counts of cyberstalking and one count of making interstate threats.
“Today’s guilty plea demonstrates that online conduct can cause victims serious harm and cyberstalking will not be tolerated. With increasing amounts of our lives and business being conducted online, these kinds of cases remain a priority for this office,” First Assistant United States Attorney Daniel P. Bubar said today. “I am grateful for the hard work of the FBI and the Warren County Sheriff’s office in identifying this defendant and bringing him to Virginia to face justice.”
“The facts of this case speak for themselves and are saddening to us all. Although today’s plea will not make up for the loss to the victim’s family or the pain they endured, we hope it reassures them of the FBI's full commitment to investigate such matters to the fullest extent of the law,” Special Agent in Charge Archey said today. “We are grateful for the assistance of the United States Attorney's Office, the FBI's El Paso Field Office/Midland Resident Agency and the Warren County Sheriff’s Office for their diligence and assistance in this investigation.”
According to court documents, between September 2017 and around March 2018, O’Dell had an online relationship with a 16-year-old girl who lived in Linden, Virginia. In May 2018, following an investigation by the Warren County Sheriff’s Office, it was determined that the girl died by suicide in a wooded area near her home.
The indictment alleges that from June 2018 through June 2019, O’Dell, using a variety of false email and online personas, took credit for her suicide. The defendant then sent threatening and intimidating messages to her family members and friends that placed them in reasonable fear of death and serious bodily harm. In addition, these messages attempted to cause friends and family members substantial emotional distress. The defendant sent certain of these messages in violation of a protective order.
The investigation of the case was conducted by the Federal Bureau of Investigations and the Warren County Sherriff’s Office. Assistant United States Attorney Kate Rumsey is prosecuting the case for the United States.