Eastern District of Wisconsin
Press releases recorded for this federal judicial district.
Milwaukee Man Charged with Federal Offenses for Throwing Molotov Cocktail into Boost Mobile StoreRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that on June 4, 2020, his office filed a federal criminal complaint against Tyshaun T. Smith (age: 26) of Milwaukee. The complaint charges Smith with attempted arson of a Boost Mobile store at 949 North 27th Street in Milwaukee, in violation of Title 18, United States Code, Section 844(i), and possession of destructive device, namely a Molotov cocktail, in violation of Title 26, United States Code, Sections 5861(c), 5845(a), and 5845(f).
If convicted of the attempted arson, Smith would face a mandatory minimum of five years and a maximum of 20 years in prison. If convicted of possession of the destructive device, he would face up to ten years in prison. He also would face a fine of up to $250,000 for each count of conviction.
According to the criminal complaint, on May 31, 2020, at approximately 11:03 p.m., Milwaukee Police Department (MPD) officers responded to a 911 call regarding an entry into the Boost Mobile store. When officers arrived, Tyshaun Smith and two other individuals were standing outside of the store next to a broken window. Smith was holding what appeared to be a burning Molotov cocktail. An officer observed Smith throw the Molotov cocktail into the store. Smith and the others then ran from the scene. However, Smith fell and was arrested. When arrested, Smith’s sweatshirt and gloves were coated in gasoline, and he was in possession of a loaded 9 mm firearm. Police were able to extinguish the burning Molotov cocktail in the store and recover the device.
“As alleged in the complaint, Smith engaged in senseless violence, attempting to destroy an innocent business that serves Milwaukee residents,” said U.S. Attorney Krueger. “I commend the excellent work of the Milwaukee Police Department to prevent more damage to the store. The Justice Department, including the ATF and my office, is committed to working with state and local authorities to ensure public safety in Milwaukee.”
“ATF will continue to work in partnership with the Milwaukee Police Department to protect the community and property from these violent acts,” remarked Special Agent in Charge Kristen deTineo of the Bureau of Alcohol, Tobacco, Firearms and Explosives of the Chicago Field Division. “We appreciate the United States Attorney’s Office for their diligence in charging this case.”
Milwaukee Police Chief Alfonso Morales remarked “The Milwaukee Police Department continues to support the individuals that are exercising their right to peacefully protest. MPD is thankful of our Federal partners that are assisting in prosecuting the subjects that are participating in criminal behavior during these difficult times”.
The Bureau of Alcohol, Tobacco Firearms and Explosives (ATF) and the Milwaukee Police Department investigated the case, which will be prosecuted by Assistant United States Attorney Philip Kovoor.
A criminal complaint is merely a formal method of charging an individual and does not constitute inference of his or her guilt. An individual is presumed innocent until such time, if ever, that the government establishes his or her guilt beyond a reasonable doubt.
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Department of Justice Awards Nearly $400 Million for Law Enforcement Hiring to Advance Community PolicingRead the Press Release
Along with the Justice Department, United States Attorneys Matthew D. Krueger (Eastern District of Wisconsin) announced today nearly $400 million in grant funding through the Department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The Attorney General announced funding awards to 596 law enforcement agencies across the nation, which allows those agencies to hire 2,732 additional full-time law enforcement professionals. The awards announced today are inclusive of the $51 million announced in May as part of Operation Relentless Pursuit.
“The Department of Justice is committed to providing the police chiefs and sheriffs of our great nation with needed resources, tools, and support. The funding announced today will bolster their ranks and contribute to expanding community policing efforts nationwide,” said Attorney General William P. Barr. “A law enforcement agency’s most valuable assets are the men and women who put their lives on the line every day in the name of protecting and serving their communities.”
The COPS Hiring Program is a competitive award program intended to reduce crime and advance public safety through community policing by providing direct funding for the hiring of career law enforcement officers. In addition to providing financial support for hiring, CHP provides funding to state, local, and tribal law enforcement to enhance local community policing strategies and tactics. In a changing economic climate, CHP funding helps law enforcement agencies maintain sufficient sworn personnel levels to promote safe communities. Funding through this program had been on hold since the spring of 2018 due to a nationwide injunction that was lifted earlier this year.
CHP applicants were required to identify a specific crime and disorder problem focus area and explain how the funding will be used to implement community policing approaches to that problem focus area. 43 percent of the awards announced today will focus on violent crime, while the remainder of the awards will focus on a variety of issues including school-based policing to fund school resource officer positions, building trust and respect, and opioid education, prevention, and intervention. The COPS Office received nearly 1,100 applications requesting more than 4,000 law enforcement positions.
The complete list of awards can be found here here . To learn more about CHP, please visit https://cops.usdoj.gov/chp. For additional information about the COPS Office, please visit www.cops.usdoj.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.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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Statement of United States Attorney Krueger Regarding Protests in MilwaukeeRead the Press Release
The Justice Department and the FBI are making the investigation of George Floyd’s tragic death a top priority. . https://minnesota.cbslocal.com/video/4569255-u-s-attorney-erica-macdonald-dept-is-making-george-floyd-investigation-a-top-priority/
As the Major Cities Chiefs Association said, George Floyd’s death is “deeply disturbing and should be of concern to all Americans.” https://www.majorcitieschiefs.com
Yesterday, the vast majority of protestors in Milwaukee expressed their concerns peaceably. But late last night, some protestors set fires in several stores, causing damage to innocent owners. In addition, a Milwaukee Police Department officer suffered a minor gunshot injury from a currently unknown source. Such violence and property damage accomplish nothing and instead only create more victims.
Although we respect the rights of all to express their concerns peaceably, federal law enforcement is joined with state and local authorities to address further violence. Federal law imposes stiff penalties for commercial arson and other crimes. I encourage everyone to act in peace so that our nation can promote healing rather than suffer new wounds.
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Keshena Man Charged with Domestic Violence on the Menominee Indian ReservationRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that on May 12, 2020, his office filed a one-count federal criminal complaint against a man allegedly involved in domestic violence against a woman on the Menominee Indian Reservation. The complaint named Justin M. Moore (age: 34) of Keshena.
The complaint charged Moore with Domestic Assault by Strangulation in violation of 18 U.S.C. § 113(a)(8). If convicted of this offense, Moore faces a maximum of ten years in prison, up to a $250,000 fine, and up to three years of supervised release.
According to the complaint filed in United States District Court in Green Bay, on or about December 1, 2019, Moore strangled a woman with whom he had a dating relationship on the Menominee Indian Reservation. The offense allegedly occurred inside the woman’s house, and was witnessed by the woman’s child.
The Menominee Tribal Police Department and Federal Bureau of Investigation investigated the case, which will be prosecuted by Assistant United States Attorney Andrew J. Maier.
A criminal complaint is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove his guilt beyond a reasonable doubt.
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For additional information contact:
Public Information Officer Kenneth Gales at 414 297-1700
Milwaukee, Wauwatosa, and Cudahy Receive $10.2 Million in Awards to Support Efforts to Combat Violent CrimeRead the Press Release
Along with the Justice Department, Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced that the Office of Community Oriented Policing Services (COPS Office) and the Office of Justice Programs’ Bureau of Justice Assistance have awarded more than $61 million in grant funding to support the Attorney General’s Operation Relentless Pursuit (ORP) initiative.
Of that $61 million, the COPS Office awarded $9,712,096 to the Milwaukee Police Department (“MPD”); $226,061 to the Wauwatosa Police Department; and $301,412 to the Cudahy Police Department. Those awards will fund a total of 32 police officers: 30 for MPD and one each for Wauwatosa and Cudahy, respectively.
Launched on Dec. 18, 2019, ORP aims to intensify federal law enforcement resources into seven American cities with violent crime levels several times the national average: Albuquerque, Baltimore, Cleveland, Detroit, Kansas City, Memphis, and Milwaukee.
“While violent crime is down across the country as a whole, some communities remain caught in the grips of violent actors,” said Attorney General William P. Barr. “That’s why I launched Operation Relentless Pursuit last December – an initiative to combat violent crime in seven cities where it remains stubbornly high. Today’s grant awards are critical to our mission. We cannot succeed in eradicating crime without resources – the most vital of which are the brave men and women who serve and protect our communities each day. These funds will boost the forces that need them most.”
“These awards represent an unprecedented commitment of federal resources to fight violent crime in the Milwaukee area,” said United States Attorney Krueger. “These resources could not be more needed: Milwaukee continues to experience unacceptable rates of homicides and gun violence, often linked to drug trafficking and illegal firearm possession. Through Operation Relentless Pursuit, law enforcement partners are united and focused on apprehending the most violent criminals in Milwaukee.”
The COPS Office, through its COPS Hiring Program (CHP), awarded a total of $51 million to be used to hire 214 sworn law enforcement officers for state and local law enforcement task forces. The recipients of the funding will deploy existing veteran officers to task force duties and use the CHP funding to hire new recruits to backfill those positions, as practical. Officers deployed to Operation Relentless Pursuit task forces as a result of CHP funding must be sworn, career law enforcement officers of the awarded agency, and their work on the task force must benefit their jurisdiction. In addition, they are required to work with their respective U.S. Attorney’s Office (USAO) and relevant federal agencies to investigate and prosecute suspects involved in gangs, drug trafficking, and other violent crime-related issues.
“Successful strategies to target and reduce violent crime are extremely resource intensive,” said COPS Office Director Phil Keith. “There is no greater resource than additional men and women on the front lines of relentless fight against gangs, drug traffickers and those that mean harm to our nation’s communities. The funding announced today is greatly needed for the Operation Relentless Pursuit jurisdictions and the COPS Office is honored to dedicate resources for this effort.”
For a breakdown of the awards, please click here. For more information on the COPS Hiring Program ORP grants, please visit: https://cops.usdoj.gov/pdf/2020AwardDocs/chp/FY20_Relentless_Pursuit_Fact_Sheet.pdf
The Office of Justice Programs’ Bureau of Justice Assistance (BJA) is making $10 million available to support Operation Relentless Pursuit. BJA funds will support efforts such as the hiring of additional prosecutors, overtime expenses for task force members, multi-agency investigations, mobile data terminals and modern technological platforms, and development of strategic plans to address gaps in combating violent crime. Of the $10 million, BJA will award over $1.4 million to further support efforts combatting violent crime in the City of Milwaukee.
“The responsibility for fighting crime and violence belongs to agencies at every level of government, and winning that fight turns on our ability to deploy our collective resources wisely and effectively,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are eager to make these funds available so that our federal, state and local partners can continue the vital and noble work of protecting America’s most dangerous communities.”
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.
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Wisconsin’s Two U.s. Attorneys Acknowledge Police WeekRead the Press Release
In honor of National Police Week, United States Attorneys Matthew D. Krueger (Eastern District of Wisconsin) and Scott C. Blader (Western District of Wisconsin) recognize the service and sacrifice of federal, state, local, and tribal law enforcement. The week will be observed Sunday, May 10 through Saturday, May 16, 2020.
“There is no more noble profession than serving as a police officer,” said Attorney General William P. Barr. “The men and women who protect our communities each day have not just devoted their lives to public service, they’ve taken an oath to give their lives in order to ensure our safety. And they do so not only in the face of hostility from those who reject our nation’s commitment to the rule of law, but also in the face of evolving adversity – such as an unprecedented global health pandemic. This week, I ask all Americans to join me in saying ‘thank you’ to our nation’s federal, state, local, and tribal law enforcement officers. Their devotion and sacrifice to our peace and security will not be taken for granted.”
"Our country’s safety and prosperity depend on the rule of law, which requires law enforcement,” said U.S. Attorney Krueger. “The men and women who serve as police officers deserve our deepest thanks, especially now as they report to work daily at greater risk to themselves. Our police officers epitomize the highest value of sacrifice for the good of others. We especially remember Officer Rittner and Officer Hetland who made the ultimate sacrifice last year.”
“I am inspired every day by the unwavering commitment of America’s law enforcement officers to protect us as they face challenges and threats such as violence, terrorism, and now a pandemic,” said U.S. Attorney Blader. “They are dedicated to making our communities safer and our country more secure, and the heroes who have given their lives in service to us will not be forgotten.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe. This year the COVID-19 pandemic has underscored law enforcement officers’ courage and unwavering devotion to the communities they swore to serve.
Based on data collected and analyzed by the FBI’s Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 89 law enforcement officers died nationwide in the line of duty in 2019, including Milwaukee Police Officer Matthew Rittner on February 16 and Racine Police Officer John Hetland on June 17.
Comprehensive data tables about these incidents and brief narratives describing most of the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2019.
In addition, the Milwaukee Police Department lost Officer Kou Her, who was killed on June 18 when a driver ran a red light and struck Her’s vehicle as he was driving home after his shift. The other driver has been charged with homicide by intoxicated use of a vehicle.
The names of the fallen officers who have been added in 2020 to the wall at the National Law Enforcement Memorial will be read on Wednesday, May 13, 2020, during a Virtual Annual Candlelight Vigil. Because public events have been suspended as a result of COVID-19, the vigil will be livestreamed to the public at 8:00 pm (EDT). To register to view this free online event, please www.LawMemorial.org/.
To learn more about National Police Week and the virtual candlelight vigil, please visit https://www.youtube.com/user/TheNLEOMF.
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Milwaukee Pain Management Clinic and Physician Agree to Pay at Least $1.35 Million to Resolve Allegations They Violated the False Claims Act and Anti-Kickback StatuteRead the Press Release
United States Attorney Matthew D. Krueger announced today that Center for Pain Management, S.C. (“CPM”), and its owner, Dr. Nosheen Hasan, agreed to pay at least $1.35 million to resolve allegations that they received kickbacks from a urine drug testing laboratory in exchange for ordering medically unnecessary tests for Medicare and Medicaid patients. CPM and Dr. Hasan also agreed to future contingent payments for the next five years, with the amount of the payments based on specified financial criteria. CPM and Dr. Hasan separately entered into an Integrity Agreement with the Office of Inspector General, Department of Health and Human Services (“HHS-OIG”), to monitor ongoing compliance with applicable Medicare and Medicaid rules.
CPM operates pain management clinics in the Milwaukee metropolitan area. Dr. Hasan is the sole owner of CPM and provided pain management services through CPM. As alleged in the Complaint-in-Intervention filed by the United States in the case, CPM and Dr. Hasan received illegal remuneration from Midwest Laboratory Sales & Consulting, LLC (“Midwest”), and its owner, Matthew Samuelson, in exchange for ordering urine drug tests performed by Midwest, in violation of the Anti-Kickback Statute and the False Claims Act.
The government further alleged that CPM and Dr. Hasan ordered these tests despite knowing that they were not medically necessary. Over the course of the more than five-year-long arrangement, CPM and Dr. Hasan ordered thousands of unnecessary tests that were paid for by Medicare and Medicaid and received over $1 million in illegal kickbacks from Midwest for ordering the tests. The government previously resolved its claims against Midwest and Mr. Samuelson, who admitted that they violated the False Claims Act and Anti-Kickback Statute.
“Medicare and Medicaid only pay for tests that are needed by patients, not tests ordered by physicians to line their own pockets,” said United States Attorney Krueger. “As pain management specialists prescribing controlled substances, CPM and Dr. Hasan took advantage of their patients and the government to order thousands of unnecessary drug tests in return for illegal payments from a laboratory. This settlement imposes a significant penalty on CPM and Dr. Hasan and will help make the federal government whole for their wrongdoing.”
“Our watchdog agency will hold accountable medical providers who try to boost their profits by taking kickbacks to bill federal health care programs for medically unnecessary tests,” said Special Agent in Charge Lamont Pugh III, HHS-OIG, Chicago Region. “To help ensure legitimate billing moving forward, we will closely monitor CPM and Dr. Hasan under the terms of an Integrity Agreement.”
Robert Hughes, Special Agent in Charge, Federal Bureau of Investigation, Milwaukee Field Office said: “The FBI prioritizes efforts to stop healthcare fraud and will continue to hold accountable physicians who misuse Medicare and Medicaid dollars. By requiring CPM and Dr. Hasan to repay over $1 million, this settlement underscores that healthcare providers cannot put their interests ahead of their patients or the taxpayers.”
The government’s lawsuit resulted from a whistleblower complaint filed under the qui tam provisions of the False Claims Act. Accordingly, the whistleblower will receive a share of the settlement. The lawsuit is captioned United States ex rel. Fering v. Center for Pain Management, et al., 17-cv-1796, and is pending in the District Court for the Eastern District of Wisconsin.
Assistant United States Attorneys Michael Carter and Lisa Yun represented the government in this matter. The HHS-OIG, FBI, and Drug Enforcement Administration assisted in the investigation. The settlement agreement states allegations only; CPM and Dr. Hasan do not admit liability for the allegations.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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DOJ Increases Efforts to Combat Sexual Harassment in Housing During the COVID-19 PandemicRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, is asking anyone who has witnessed or experienced sexual harassment by a landlord, property manager, maintenance worker, or anyone with control over housing to report that conduct to the U.S. Department of Justice.
The COVID-19 Pandemic has impacted the ability of many people to pay rent on time and has increased housing insecurity. The Department of Justice has heard reports of housing providers trying to exploit the crisis to sexually harass tenants. Sexual harassment in housing is illegal, and the Department of Justice stands ready to investigate such allegations and pursue enforcement action where appropriate.
United States Attorney Krueger said, “Sexual harassment is a terrible violation of a person’s right to fair housing, and the COVID-19 Pandemic presents a new context for unscrupulous housing providers to commit such violations. Our office will continue to work closely with federal, state, and local partners to increase reporting of these violations, and bring federal resources to bear on landlords and others who violate the rights of some our most vulnerable residents.”
The Justice Department’s Sexual Harassment in Housing Initiative is an effort to combat sexual harassment in housing led by the Civil Rights Division, in coordination with the U.S. Attorney’s Offices across the country. The goal of the Initiative is to address sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing.
Launched in 2017, the Initiative has filed law suits across the country alleging a pattern and practice of sexual harassment in housing and recovered millions of dollars in damages for harassment victims.
The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years. Many individuals do not know that being sexually harassed by a housing provider can violate federal law or that the Department of Justice may be able to help.
The Department of Justice, through the Civil Rights Division and the U.S. Attorney’s Offices, enforces the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act.
The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the Civil Rights Division by calling (844) 380-6178 or emailing [email protected].
Individuals who believe they may have been victims of discrimination may also contact the U.S. Attorney’s Office for the Eastern District of Wisconsin at (414) 297-1700.
Individuals may also file a complaint alleging harassment or discrimination in housing with the Department of Housing and Urban Development through HUD’s website or by calling (800) 669-9777.
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Department of Justice Commemorates National Crime Victims’ Rights WeekRead the Press Release
United States Attorney Matthew D. Krueger joins the Department of Justice and communities nationwide in observing National Crime Victims’ Rights Week, celebrating victims’ rights, protections and services throughout the week. This year’s observance takes place April 19-25 and features the theme, “Seek Justice| Ensure Victims' Rights | Inspire Hope.”
“Every year, millions of Americans suffer the shock and trauma of criminal victimization, affecting their well-being and sense of security and dignity,” said Attorney General William P. Barr. “To these victims, we affirm our unwavering commitment to supporting them in their hour of need. We also commend the thousands of victim advocates and public safety professionals who labor tirelessly to secure victims’ rights and support survivors.”
“Pursuing justice requires not just prosecuting crime but also supporting its victims,” said United States Attorney Krueger. “National Crime Victims’ Rights Week gives us an opportunity to consider anew how best to help crime victims. It is also a time to say thanks to the victim advocates and public safety professionals who dedicate their careers to meeting people at their most vulnerable, needy moment.”
“While we have made tremendous progress driving down crime and violence across the country, far too many Americans continue to suffer the pain and loss of criminal victimization,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs. “This week, we stand by these survivors and their families, and we pledge our ongoing support to the countless men and women who serve them with such extraordinary skill and compassion.”
Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs, and concerns in a prominent spot on the American agenda. He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims. President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.
Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey. The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.
During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services. This year, many communities are organizing virtual gatherings and online public awareness campaigns.
This year’s commemoration began yesterday, 25 years to the day when a truck bomb exploded in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, taking the lives of 168 people, including 19 children, as well as injuring hundreds of others. The mass murder remains the worst act of domestic terrorism in our nation’s history and led to the establishment of the Antiterrorism Emergency Reserve, which is administered by OVC, and has been used to provide direct services to hundreds of victims of mass violence and terrorism.
“Crime victims deserve to know that they have the encouragement and support of the American people,” said OVC Director Jessica E. Hart. “I hope that citizens throughout the nation will take the opportunity this week to remember all victims of crime and their heroic stories of survival. I encourage everyone to also find meaningful ways to express their appreciation to the many committed and compassionate service providers across the country who work tirelessly supporting these survivors.”
This year, the annual National Crime Victims’ Service Awards Ceremony will be postponed until a time when we can honor this year’s award recipients in person. During the ceremony, OVC will present awards recognizing individuals and organizations from across the nation for their outstanding service on behalf of crime victims. The awardees will be selected from public nominations in 11 categories, including federal service, special courage, public policy, and victim services. Visit www.ovc.gov/gallery to learn more about past recipients.
For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: https://ovc.ncjrs.gov/ncvrw2020/overview.html.
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Wisconsin Physician Agrees to Pay Financial Penalties to Resolve Allegations That He Prescribed Opioids Illegally and Violated False Claims ActRead the Press Release
United States Attorney Matthew D. Krueger announced today that Dr. Mehran Heydarpour of Brookfield, Wisconsin, agreed to pay $175,000 to resolve allegations that he prescribed opioid pain medications in violation of the Controlled Substances Act and that he billed Medicare for patient visits that did not occur in violation of the False Claims Act. Dr. Heydarpour also agreed that he would never again seek to register with the Drug Enforcement Administration for authorization to prescribe controlled substances.
Until 2016, Dr. Heydarpour provided pain management services at his clinic in Brookfield, Wisconsin. Based on investigation by the Drug Enforcement Administration (DEA) and the Office of Inspector General, Department of Health and Human Services (OIG), the government alleges that Dr. Heydarpour prescribed controlled substances, including opioid pain medications such as oxycodone, without legitimate medical purpose. Dr. Heydarpour routinely prescribed multiple opioid medications at extremely high doses to patients, often for years and without any documented evaluation of the patients or improvement in the patients’ pain or condition. In addition, the government alleges that Dr. Heydarpour billed Medicare for patient visits that never occurred, as he claimed.
“For many, the road to addiction began with opioids prescribed by their physician,” said United States Attorney Krueger. “Precisely because opioids and other controlled substances are so dangerous, physicians may only prescribe them to legitimately treat medical issues. Dr. Heydarpour abused that privilege and prescribed excessive amounts of opioids to patients without a legitimate medical purpose. This settlement imposes a significant penalty on Dr. Heydarpour and also ensures that he will never prescribe controlled substances in the future.”
“DEA will continue to pursue civil actions against any registrant that violates the Controlled Substances Act by practicing outside of professional medical practice and issuing illegitimate controlled substance prescriptions. The overprescribing of opioids has played a large role in the national opioid addiction crisis that our country currently faces on a daily basis,” said DEA Milwaukee District Office Assistant Special Agent in Charge Paul E. Maxwell, Jr.
Assistant United States Attorney Michael Carter represented the government in this matter. The DEA and OIG assisted in the investigation. The settlement agreement states allegations only; Dr. Heydarpour does not admit liability for the allegations. .
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For Additional Information Contact:
Public Information Officer Kenneth B. Gales 414-297-1700
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Criminal Complaint Charges Two Women with Distribution of Controlled Substances Resulting in a Death, and an Overdose with Serious Bodily Harm, on the Menominee Indian ReservationRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced today that Jacquelyn M. Grignon (age: 47) and Lottie A. Tucker (age: 37), both of Keshena, which is on the Menominee Indian Reservation have been charged in federal court by criminal complaint with distribution of controlled substances resulting in a death, and serious bodily injury. Both individuals face mandatory minimum 20-year prison sentences. Tucker also faces a charge of possession with intent to distribute controlled substances, which has a maximum sentence of 20 years in prison.
According to the criminal complaint, between March 20, 2020, and March 21, 2020, Tucker and Grignon distributed heroin to two males on the Menominee Indian Reservation. One male died as the result of his use of the drugs and the other, a minor, was revived from an overdose by responding emergency medical professionals. A subsequent search of Tucker’s residence revealed additional quantities of suspected heroin, methamphetamine, and cocaine in amounts consistent with distribution.
“The opioid crisis has stolen too many lives,” said United States Attorney Krueger. “That is why dealing lethal drugs results in serious penalties. We are committed to working with law enforcement at all levels, including our tribal partners, to stop the flow of these poisons.”
The Menominee Tribal Police Department, Wisconsin Department of Justice – Division of Criminal Investigation Native American Drug and Gang Initiative, and Federal Bureau of Investigation investigated the case. Assistant United States Attorney Andrew J. Maier is prosecuting the case.
The public is cautioned that a criminal complaint sets forth allegations of criminal conduct and is not evidence of guilt. The defendants are presumed innocent, and are entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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U.S. Attorney urges the public to report suspected COVID-19 fraudRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin today urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or to the NCDF e-mail address [email protected].
In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes. The NCDF Hotline can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes.
In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities. The Eastern District of Wisconsin Coronavirus Fraud Coordinator is Assistant United States Attorney Kelly Watzka.
“Anyone trying to exploit this national emergency for private gain should know that they will be pursued. The U.S. Attorney’s Office is open and focused on keeping our communities safe from fraudsters. Watch out for websites selling fake COVID-19 products, using fake emails, text messages, or social media posts as a ruse to get your money or your personal information,” said United States Attorney Krueger.
Some examples of these schemes include:- Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
- Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
- Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
- Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
- Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.
The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes. The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.
To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.
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Nearly $60 Million in Grants Available to Support Prisoners’ Successful Reentry into Their CommunitiesRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin today announced nearly $60 million in Department of Justice grants is available to help communities address public safety by supporting successful reentry of adult and juvenile offenders into their communities.
“Our nation is facing difficult public safety challenges that demand strong and immediate action. The high rate of recidivism poses a dire threat to community safety and is being met with a robust response by this Administration,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice is front and center in the fight to meet this persistent challenge. OJP is making historic amounts of grant funding available to ensure that our communities have access to innovative and diverse solutions.”
The funding is available through OJP, the federal government’s leading source of public safety funding and crime victim assistance in state, local and tribal jurisdictions. OJP’s programs support a wide array of activities and services, including adult and juvenile reentry initiatives and research projects designed to improve our knowledge of what works in reentry programming.
A number of funding opportunities are currently open, with several more opening in the near future.
Correctional Adult Reentry Education, Employment, and Recidivism Reduction Strategies Program https://bja.ojp.gov/funding/opportunities/bja-2020-17104
Deadline 4/27/2020
Improving Community Supervision Outcomes Through Swift, Certain, and Fair Responses https://bja.ojp.gov/funding/opportunities/bja-2020-17096
Deadline 4/28/2020
Improving Reentry for People with Substance Use Disorders Program
https://bja.ojp.gov/SCASUD20
Deadline 4/27/2020
Innovations in Reentry Initiative: Building System Capacity & Testing Strategies to Reduce Recidivism
https://bja.ojp.gov/funding/opportunities/bja-2020-17281
Deadline 5/4/2020
Research and Evaluation on Promising Reentry Initiatives https://nij.ojp.gov/funding/opportunities/nij-2020-17295
Deadline 5/5/2020
Review and Validation of the First Step Act Risk Assessment Tool https://nij.ojp.gov/funding/opportunities/nij-2020-fsa
Deadline 4/10/2020
Second Chance Act Community-Based Reentry Program
https://bja.ojp.gov/funding/opportunities/bja-2020-17110
Deadline 5/4/2020
Second Chance Act Evaluation Participation Support
https://bja.ojp.gov/funding/opportunities/bja-2020-17680
Deadline 4/28/2020
Second Chance Act Youth Offender Reentry Program
https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/media/document/ojjdp-2020-17350.pdf
Deadline 4/28/2020
For more information regarding all OJP funding opportunities, visit https://www.ojp.gov/funding/explore/current-funding-opportunities
For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
More Than $83 Million Available to Support School SafetyRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin today announced that more than $83 million in Department of Justice grants is available to help communities improve school security and protect students, teachers and faculty from threats of violence.
“School violence is no longer an abstract threat but has become a tragic reality in too many of America’s communities. Moving to meet this challenge is among the Administration’s top domestic priorities,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice is front and center in the fight to meet this challenge. OJP is making historic amounts of grant funding available to ensure that our communities have access to innovative and diverse solutions.”
The funding is available through OJP, the federal government’s leading source of public safety funding and crime victim assistance in state, local and tribal jurisdictions. OJP’s programs support a wide array of activities and services, including programs designed to tighten school security and improve the reporting of threats.
A number of funding opportunities for school safety are currently open, with another opening in the near future:
Research and Evaluation on School Safety
https://nij.ojp.gov/funding/opportunities/nij-2020-17308
Deadline 4/13/2020
STOP Act School Violence Program (FY20)
https://nij.ojp.gov/funding/opportunities/nij-2020-17308
Deadline 4/13/2020
Strategies to Support Children Exposed to Violence
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17926
Deadline 4/27/2020
For more information regarding all OJP funding opportunities, visit https://www.ojp.gov/funding/explore/current-funding-opportunities.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
More Than $65 Million Available to Fight Human Trafficking and Help Trafficking VictimsRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin today announced that more than $65 million in Department of Justice grants is available to help communities combat human trafficking and serve adults and children who are victimized in trafficking operations.
“Our nation is facing difficult challenges, none more pressing than the scourge of human trafficking. Human traffickers pose a dire threat to public safety and countering this threat remains one of the Administration’s top domestic priorities,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice is front and center in the fight against this insidious crime. OJP is making historic amounts of grant funding available to ensure that our communities have access to innovative and diverse solutions.”
The funding is available through OJP, the federal government’s leading source of public safety funding and crime victim assistance in state, local and tribal jurisdictions. OJP’s programs support a wide array of activities and services, including programs that support human trafficking task forces and services for human trafficking survivors.
A number of funding opportunities are currently open, with several more opening in the near future.
Missing and Exploited Children Training and Technical Assistance Program
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17351
Deadline 4/6/2020 (Extended)
Multidisciplinary Task Force Program to Combat Human Trafficking
Opened 3/16/2020
Preventing Trafficking of Girls
Opened 3/16/2020
Research and Evaluation on Trafficking in Persons https://nij.ojp.gov/funding/opportunities/nij-2020-17324
Deadline 4/20/2020
Services for Victims of Human Trafficking
Opened 3/16/2020
Specialized Training and Technical Assistance on Housing for Victims of Human Trafficking Opened 3/16/2020
Human Trafficking Training and Technical Assistance Program
Opened 3/16/2020
Improving Outcomes for Child and Youth Victims of Human Trafficking
Opened 3/16/2020
Integrated Services for Minor Victims of Labor Trafficking
Opened 3/16/2020
For more information regarding all OJP funding opportunities, visit https://www.ojp.gov/funding/explore/current-funding-opportunities
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
Addiction CrisisRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that more than $163 million in Department of Justice grants is available to help communities address America’s addiction crisis.
“Our nation is facing the difficult challenge of curbing substance addiction, which threatens public safety and is among the Administration’s top domestic priorities,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice is front and center in the fight to meet this challenge. OJP is making historic amounts of grant funding available to ensure that our communities have access to innovative and diverse solutions.”
The funding is available through OJP, the federal government’s leading source of public safety funding and crime victim assistance in state, local and tribal jurisdictions. OJP’s programs support a wide array of activities and services, including programs designed to prevent overdose deaths and break the cycle of addiction and crime.
A number of funding opportunities that address the addiction crisis are currently open:
Adult Drug Court and Veterans Treatment Court Discretionary Grant Program
https://bja.ojp.gov/funding/opportunities/bja-2020-17098
Deadline 5/14/2020
Comprehensive Opioid, Stimulant, and Substance Abuse Site-based Program
https://bja.ojp.gov/COSSAP20
Deadline 5/21/2020
Enhancing Community Responses to America's Addiction Crisis: Serving Our Youngest Crime Victims
https://www.ovc.gov/grants/pdftxt/fy-2020-enhancing-community-responses-to-drug-crisis.pdf Deadline: 5/4/2020
Family Drug Court Program
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17090
Deadline 4/8/2020 (Extended)
Harold Rogers Prescription Drug Monitoring Program
https://bja.ojp.gov/funding/opportunities/bja-2020-17754
Deadline 5/5/2020
Juvenile Drug Treatment Court Program
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17051
Deadline 4/13/2020 (Extended)
Mentoring Opportunities for Youth Initiative
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-16930
Deadline 4/13/2020
Opioid Affected Youth Initiative
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17352
Deadline 4/20/2020
Research and Evaluation on Drugs and Crime https://nij.ojp.gov/funding/opportunities/nij-2020-17275
Deadline 4/20/2020
Residential Substance Abuse Treatment for State Prisoners
https://bja.ojp.gov/RSAT20
Deadline 4/6/2020
For more information regarding all OJP funding opportunities, visit https://www.ojp.gov/funding/explore/current-funding-opportunities
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
Appleton Man Sentenced on Methamphetamine and Ammunition ChargesRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on March 16, 2020, Kou Lee (age: 30) of Appleton, Wisconsin was sentenced to 15 years in federal prison by Senior U.S. District Judge William C. Griesbach. Kou Lee pled guilty to possessing in excess of 50 grams of methamphetamine with the intent to distribute the controlled substance and also possessed ammunition as a convicted felon, contrary to Title 21, United States Code, Sections 841(a), (b)(1)(A) and Title 18 United States Code, Section 922(g).
Judge Griesbach noted Lee’s previous criminal convictions involving methamphetamine at both the state and federal level, as well as Lee’s role “distributing poison” in the Fox Valley area in order to make “easy money.” Following his prison sentence, Lee will spend ten years on supervised release.
This case was prosecuted under the Project Safe Neighborhoods initiative. Project Safe Neighborhoods is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The Project Safe Neighborhoods’ strategy brings together all levels of law enforcement and community resources to reduce violent crime and improve the quality of life in all our neighborhoods.
This case was investigated by the Lake Winnebago Area MEG Unit and the United States Probation Office for the Eastern District of Wisconsin. It was prosecuted by Assistant United States Attorney Daniel R. Humble.
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A Female Charged with Illegal Purchase and Transfer of FirearmsRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced, a federal grand jury returned an indictment against Hanna N. DeCicco (age 22) of Milwaukee with Making a False Statement to a Federal Firearms Dealer, in violation of Title 18, United States Code, Section 922(a)(6) and 924(a)(2) on July 10, 2019.
DeCicco is charged with one count of being a straw purchaser of firearm. She knowningly made a false and fictitious that she was the actual buyer of the firearm, when in fact, she was acquiring the firearm for someone else. DeCicco faces a maximum of ten years of imprisonment, three years of supervised released, and a $250,000 fine.
This case is being prosecuted as part of the Project Safe Neighborhoods initiative. Project Safe Neighborhoods is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods’ strategy brings together all levels of law enforcement and community resources to reduce violent crime and improve the quality of life in all our neighborhoods.
This case is also 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.
This case was investigated by the Milwaukee Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This case is being prosecuted by Assistant United States Attorney Benjamin A. Wesson.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which time the government must prove guilt beyond a reasonable doubt.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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Green Bay Man Convicted of Two Counts of Arson Following Jury TrialRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that March 10, 2020, a jury seated in the federal district court in Green Bay, found William A. Julius (age: 57) of Green Bay and Menominee, Wisconsin, guilty of two counts of arson.
The evidence presented at trial proved that Julius set fire to a porch at 332 South Madison Street in downtown Green Bay just before 1:00 a.m. on August 20, 2017. Residents of the apartments located in the upper portion of the building were accounted for and an investigation by the fire department began. While the fire marshal continued his investigation into the first fire, Julius returned and lit another blaze in front of the main entrance, causing significant fire and smoke damage to the businesses located on the first floor. Julius was arrested shortly thereafter hiding under a vehicle a few blocks away.
Julius faces a mandatory five year prison term and could be imprisoned for up to 20 years. He also faces a fine of up to $250,000. He will be sentenced before Senior U.S. District Judge William C. Griesbach on June 11, 2020.
This case was investigated by the Green Bay Fire Department, the Green Bay Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It was prosecuted by United States Attorney Krueger and Assistant United States Attorney Daniel R. Humble.
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Two Women Sentenced to over 20 Years in Prison for Armed Robberies of Taxi Cab Drivers and Gas Station Employees in MilwaukeeRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced that two women and one man were sentenced to prison for their involvement in several armed robberies of taxi cab drivers and two gas stations in Milwaukee in August 2018.
On March 5, 2020, United State District Court Judge J.P. Stadtmueller sentenced Nickie Foster to 25 years in prison to be followed by five years of supervised release. Foster was convicted of committing four armed robberies of taxi cab drivers and an armed robbery at the Petro Mart gas station on Chase Avenue in Milwaukee, during which Foster shot the gas station employee in the head, causing life-threatening injury.
On October 31, 2019, Judge Stadtmueller sentenced Marquel Johnson to 28 years in prison to be followed by five years of supervised release. Johnson was convicted of committing five armed robberies of taxi cab drivers, the armed robbery of the Petro Mart, and an armed robbery of a BP gas station in downtown Milwaukee.
On December 19, 2019, Judge Stadtmeuller sentenced Martell Ford to 114 months (9 years, 6 months) in prison to be followed by three years of supervised release. Ford was convicted of committing one armed robbery of a taxi cab driver and aiding and abetting the BP gas station robbery.
With respect to the taxi cab robberies, on August 22 and August 23, 2018, Foster was the passenger in several taxi cabs when she brandished a firearm and demanded money and other items from the drivers. During the course of these robberies, Foster pointed a silver handgun at the taxi cab drivers, and, on one occasion, discharged the firearm after leaving the taxi cab. During the Petro Mart gas station robbery on August 23, 2018, Foster entered the Petro Mart with Marquel Johnson.
Foster brandished a silver handgun and proceeded to shoot the gas station employee in the head. Foster then emptied the cash from the register while Johnson took possession of the firearm and pointed it toward the gas station employee, who was on the ground. On August 25, 2018, Johnson and Martell Ford entered the BP gas station. Johnson pointed a silver handgun at the clerk and demanded money. The clerk locked the doors to the store, trapping Johnson in the store. Eventually, Johnson was able to exit the store. Later that day, after engaging in a vehicle pursuit with law enforcement, Johnson was arrested. Police officers recovered a silver handgun from Johnson when she was arrested.
This case was investigated by the FBI’s Milwaukee Area Violent Crimes Task Force and the Milwaukee Police Department. This case was prosecuted by Assistant United States Attorney Margaret B. Honrath.
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Man That Travelled from Indiana to Wisconsin to Engage in Sexual Activity with 14 Year-old Pleads GuiltyRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that Tommy Lee Jenkins (age: 32) formerly a resident of Oshkosh, Wisconsin, entered a guilty plea to a charge of attempted child enticement before Senior District Judge William C. Griesbach.
According to court documents, starting on October 1, 2019, Jenkins, who in September of 2019 moved from Oshkosh to Whitestown, Indiana, began exchanging instant messages with “Kylee” whom he believed to be a 14 year-old girl living in Neenah, Wisconsin. Jenkins began demanding sexually explicit photographs from “Kylee” and making plans to engage in sexual activity with the minor. When his numerous requests for “Kylee” to join him in Indiana were rebuffed, Jenkins walked and hitchhiked the 351-mile trek from Whitestown, Indiana to Neenah, Wisconsin. Along the way, Jenkins continued to engage “Kylee” in sexually explicit conversations and updated her as to his current location.
“Kylee” was, in fact, a Winnebago County Sheriff’s Deputy assigned to the Internet Crimes Against Children (“ICAC”) Task Force. Upon his arrival in Winnebago County, sheriff’s deputies and a Special Agent with the Federal Bureau of Investigation placed Jenkins under arrest.
Jenkins faces a mandatory minimum sentence of ten years and up to a lifetime of imprisonment when he is sentenced on May 27, 2020.
This case was investigated by the Winnebago County Sheriff’s Office with the assistance of the Green Bay office of the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Julie F. Stewart and Daniel R. Humble.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006, by the U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood, marshals, federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Hobart Resident Sentenced to 50 Months in Federal Prison for Selling Drugs via the “Dark Web;” Forfeits $1.5 millionRead the Press Release
United States Attorney Matthew D. Krueger for the Eastern District of Wisconsin, announced that on today’s date, Christopher D. Bania, (age: 27) of Hobart, Wisconsin, was sentenced to 50 months in federal prison for possession with the intent to distribute controlled substances.
According to the plea agreement, Bania sold narcotics including MDMA (“Ecstasy”), cocaine, DMT, ketamine, LSD, MDA, methaqualone, marijuana, and a variety of other controlled substances. To make his sales Bania utilized dark web marketplaces, including Dream Market, Zion, Wall Street, Hansa, Trade Route, and Alpha Bay. Alpha Bay and Hansa were shut down by law enforcement in July of 2017.
The dark web is a part of the internet that is unreachable by traditional search engines and web browsers. Websites on the dark web have complex web addresses generated by a computer algorithm and must be accessed using special software that is capable of connecting to “The Onion Router” network, or “TOR” for short. The TOR network is encrypted and routes internet traffic dynamically through a series of computers around the world, concealing the true Internet Protocol (IP) addresses of the computers accessing the network and thereby making internet use virtually anonymous. This perceived anonymity has led to a proliferation of criminal activity on dark web marketplaces, where users can find vendors, like Bania, offering illegal goods and services for sale.
In handing down his sentence, Senior U.S. District Judge William C. Griesbach noted that despite Bania’s lack of a prior criminal record, his involvement in the community, and the outpouring of support from friends and family who packed the courtroom, his was a “crime of significant magnitude” that required a substantial prison sentence. Judge Griesbach also noted while Bania was himself a user of controlled substances, his activities on the dark web functioned primarily as a “money making enterprise.”
“This four-plus year sentence for a first-time offender sends a clear warning about the seriousness of drug trafficking on the dark web,” said United States Attorney Krueger. “Just because one deals narcotics from home does not mean one can escape the law. I commend the outstanding work of the multiple federal, state, and local law enforcement agencies that investigated this case and brought it to conclusion.”
In addition to the prison sentence, Bania was ordered to forfeit cash and cryptocurrency valued at approximately $1.5 million. Following his prison sentence, he will spend 3 years on supervised release.
This case was a joint investigation of the U.S. Customs and Border Patrol, U.S. Postal Inspection Service, U.S. Drug Enforcement Administration, Wisconsin Department of Justice – Division of Criminal Investigation, the Brown County Drug Task Force, the Hobart/Lawrence Police Department, and the Oneida Police Department. It was prosecuted by Assistant United States Attorneys Scott J. Campbell, Benjamin W. Proctor, and Daniel R. Humble.
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Pleasant Prairie Man Sentenced for Mail Fraud and Filing a False Tax ReturnRead the Press Release
Matthew D. Krueger, the United States Attorney for the Eastern District of Wisconsin, announced that Philip D. Kuehnl (age 42) of Pleasant Prairie, Wisconsin, was sentenced in federal court for mail fraud and filing false tax returns.
U.S. District Judge Lynn Adelman sentenced Kuehnl to 14 months in prison and ordered him to pay more than $289,000 in restitution.
During the period from approximately 2005 through April 2011, Kuehnl, who has also used the names Mike Hilton, Phil Kay, and Michael Helton, devised and carried out a scheme to defraud and to obtain money by means of material false and fraudulent pretenses and representations. Using various business names, including Premium Discount Pharmaceutical Services, Scrip Saver, Script Saver, Medico, Medico Alliance, and Medione, Kuehnl illegally marketed and sold medical devices, including devices purporting to be Synvisc, Orthovisc, and Hyalagan, to physicians, medical clinics, and other related businesses in the United States.
Kuehnl falsely represented to his customers that he was associated with the manufacturers and legitimate distributions of these devices. In fact, Kuehnl acquired the devices from unknown sources in Europe and smuggled them into the United States, where he re-packaged and re-labeled the devices to appear to come from domestic sources. During his scheme, Kuehnl sold more than 100,000 devices for more than $5.6 million. At the same time, Kuehnl reported virtually none of this income and paid little or no taxes.
In December 2010, federal agents searched Kuehnl’s home in Pleasant Prairie and later interviewed Kuehnl. During that interview, Kuehnl lied repeatedly about his business and concealed the fact that he had a bank account in Hong Kong. Shortly after being interviewed, Kuehnl fled the United States and remained a fugitive until he was arrested in Thailand in 2018. He has been in custody since that time.
“Kuehnl’s greed led him to sell counterfeit medical devices, cheat on his taxes, and then flee from authorities,” said United States Attorney Krueger. “IRS-Criminal Investigation, the FDA, and the prosecutor in this case showed outstanding persistence to ensure Kuehnl faces the consequences of his corruption.”
Chicago Field Office Special Agent in Charge Kathy Enstrom stated, “Kuehnl’s sentencing demonstrates that IRS – Criminal Investigation is committed to working with our law enforcement partners in investigating and prosecuting those who line their pockets using fraudulent business practices and then victimize all taxpayers by continuing their schemes and not paying taxes on their profits.”
This matter was investigated by the Office of Criminal Investigations of the Food and Drug Administration and Criminal investigation Division of the Internal Revenue and was prosecuted by Assistant United States Attorney Matthew L. Jacobs.
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Waukesha Bar Owner Found Guilty of Arson of Commercial Building and Related ChargesRead the Press Release
United States Attorney Matthew D. Krueger announced that on February 27, 2020, a jury found Brian Whitton of Waukesha, Wisconsin, guilty of arson of a commercial business, mail fraud, use of fire to commit another felony offense, and making a false statement to federal law enforcement agent. After a four-day trial before the Honorable William C. Griesbach, Whitton was found guilty of intentionally setting fire to his business, a bar called “The Stage Off Main,” on March 25, 2017. The bar was located at 854 Martin Street in Waukesha, Wisconsin.
At the time of the fire, the building housed both Whitton’s bar and an occupied rental unit. Whitton was also convicted of executing a mail fraud scheme premised upon his submission of a fraudulent, sworn proof of loss claim to his insurance carrier, United States Liability Insurance Company, LLC, in which falsely claimed that the fire was the result of an accident. Finally, the jury found Whitton guilty of lying to an agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) during the course of the investigation.
The United States Attorney commented, “Arson is an extremely dangerous crime that puts the lives of the public and first responders in danger. This conviction is a testament to the strong partnership between ATF, the Waukesha Police and Fire Departments, and the United States Attorney’s Office. Together with our law enforcement partners, the United States Attorney’s Office is committed to utilizing all available resources to bring dangerous arsonists like Brian Whitton to justice.”
Whitton is scheduled to be sentenced on May 8, 2020. He faces a mandatory minimum sentence of 5 years’ imprisonment for the arson conviction, to be followed by a consecutive, mandatory minimum sentence of 10 years’ imprisonment for the use of fire to commit another felony conviction. The maximum penalty for the mail fraud conviction is 20 years in prison, a $250,000 fine, and a term of supervised release. Whitton also faces up to 5 years’ imprisonment, a $250,000 fine, and a term of supervised release for the false statement conviction.
The successful prosecution of Whitton was the direct result of a lengthy investigation conducted by ATF, the Waukesha Police Department and the Waukesha Fire Department. The case was prosecuted by Assistant United States Attorneys Kelly B. Watzka and Timothy W. Funnell.
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Twenty-Four People in Milwaukee Charged with Heroin and Cocaine Trafficking and Firearms OffensesRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced today federal charges against 24 defendants associated with a violent drug trafficking organization in Milwaukee known as the Buffum Meinecke Boys.
The defendants charged in this law enforcement action all reside in Milwaukee and are:
Name
Age
Ramone LOCKE
33
Jesus PUENTES
33
Michael SMITH
37
Victor GONZALEZ
34
Garrell HUGHES
33
Lamar JOHNSON
32
Rico SMITH
29
Michael WILSON
34
Amir LOCKE
34
Joey VAZQUEZ
34
Coury AGEE
33
Louis BATES
31
Tyrone BRYANT
28
Dennis KING
35
Derrell TAYLOR
31
Luis LORENZO
34
Nicholas WELDON
29
Deon BUTTS
38
Maureno BRIGGS
29
Dawan TURNER
18
Jasmaine LINTON
38
Alfonso GREER
20
Juiquin PINKARD
35
Charles MCCOLLUM
32
A federal grand jury returned an indictment charging fifteen of the defendants with conspiring to distribute 1 kilogram or more of heroin, at least five kilograms or more of powder cocaine, at least 280 grams or more of “crack” cocaine, and greater than 50 kilograms of marijuana. If convicted of this conspiracy charge, those 15 defendants face a mandatory minimum term of 10 years in prison. One of the co-conspirators, Victor Gonzalez, was also charged with unlawful possession of 37 firearms. Nine other defendants were charged with distribution of heroin or cocaine or illegally possessing firearms.
On February 25, 2020, federal, state, and local law enforcement officers arrested 17 of these defendants in a coordinated enforcement operation. Throughout the course of the investigation, officers recovered over 900 grams of heroin, over 150 grams of a mixture containing fentanyl, 1.5 kilograms of cocaine, 20 kilograms of marijuana, almost $300,000 in U.S. currency, and 53 firearms.
“Every Milwaukee resident deserves to live in a secure neighborhood, free from groups who wield guns and pedal dangerous drugs,” said United States Attorney Krueger. “This joint law enforcement action is another example of our unwavering commitment to fight gun violence and drug trafficking. I commend the excellent law enforcement cooperation, led by the FBI, to build this case.”
FBI Special Agent in Charge Robert E. Hughes stated “The FBI, with its partners, stand committed to reducing the negative impact of gangs responsible for gun violence, illegal drugs and homicides. Working together, we are dedicated to making Milwaukee a safe place to live, work, and enjoy all our city has to offer.”
“The Milwaukee law enforcement agencies continue to show our resolve by working together to investigate and prosecute violent drug organizations like the Buffum Meinecke Boys. The residents of Milwaukee deserve to live in neighborhoods free of drug related violence, and this investigation is another step to provide that freedom,” said DEA Milwaukee District Office Assistant Special Agent in Charge Paul E. Maxwell, Jr.
The defendants were charged based on joint investigation by law enforcement officers from the Federal Bureau of Investigation’s Southeastern Wisconsin Gang Task Force, the Milwaukee Police Department (MPD), the Milwaukee County Sheriff’s Office, the IRS-Criminal Investigations, and the Drug Enforcement Administration. This case is being prosecuted by Assistant United States Attorneys Laura S. Kwaterski and Kevin C. Knight.
Multiple law enforcement agencies participated in the arrests and execution of search warrants yesterday, including Federal Bureau of Investigation, FBI’s Southeastern Wisconsin Regional Gang Task Force, Milwaukee Police Department, Milwaukee County Sheriff’s Office, Racine Police Department, Racine County Sheriff’s Office, Mt. Pleasant Police Department, FBI’s Central Wisconsin Narcotics Task Force, Marathon County Sheriff’s Office, Lincoln County Sheriff’s Office, Wausau Police Department, Wisconsin Division of Criminal Investigation, FBI’s South Central Wisconsin Regional Gang Task Force, Madison Police Department, Dane County Sheriff’s Office, FBI Chicago Field Office, FBI Minneapolis Field Office, FBI’s Critical Incident Response Group – HRT
Drug Enforcement Administration, Internal Revenue Service, United States Marshal’s Service, St. Francis Police Department, Cudahy Police Department, West Allis Police Department, Wisconsin Division of Criminal Investigation, Bureau of Alcohol Tobacco, Firearms, and Explosives, Department of Homeland Security, North Central HIDTA
This case is being prosecuted as part of the Project Safe Neighborhoods initiative. Project Safe Neighborhoods is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods’ strategy brings together all levels of law enforcement and community resources to reduce violent crime and improve the quality of life in all our neighborhoods.
The public is cautioned that an indictment or criminal complaint is merely a charge and the defendant is presumed innocent until and unless proven guilty.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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Illegal Immigrant Sentenced to Ten Years for Conspiracy to Distribute Heroin and FentanylRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced today the conclusion of the prosecution of Ivan Alexis Nunez and his co-conspirators. Ivan Alexis Nunez (age: 45) of Milwaukee, WI was sentenced by the Honorable J.P. Stadtmueller to 120 months in federal prison for leading a conspiracy to distribute heroin and fentanyl. Nunez previously pleaded guilty to conspiracy to distribute at least 1 kilogram of heroin and at least 400 grams of fentanyl. Nunez’s co-conspirators Ananda Mujica (age: 37), and Jovonte Winston (age: 30), of Milwaukee, Wisconsin, also have pleaded guilty.
Nunez and Mujica were previously convicted in 2006 of conspiracy to distribute one kilogram or more of heroin, in the Eastern District of Wisconsin in Case Number 05-CR-295. Nunez is an illegal immigrant with citizenship in the Dominican Republic who previously was removed from the United States after serving the federal prison sentence for his 2006 conviction.
“The fentanyl, heroin, and other opioids that destroy lives are being trafficked by serious criminals like Nunez and his co-conspirators,” said United States Attorney Krueger. “Despite an earlier stint in federal prison, and despite being removed from the U.S., Nunez reentered illegally and went right back to selling dangerous drugs. Now he faces years in federal prison.”
The investigation of this case was conducted by the Drug Enforcement Administration, a High Intensity Drug Trafficking Area (HIDTA) task force, which includes task force officers from the Waukesha County Sherriff’s Department and the Milwaukee Police Department, and the U.S. Department of Homeland Security. This case was prosecuted by Assistant United States Attorney Adam Ptashkin.
For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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Melrose Park, IL man Sentenced to 15 Years in Federal Prison for Federal Kidnapping and transporting his victim from Wisconsin to IllinoisRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced that on February 21, 2020, Wayne Grills (age 57), Melrose Park, IL was sentenced to 15 years in federal prison followed by five years of supervised release. The Court further imposed a restitution order for $8,515.80 and a special assessment of $100.00.
The sentence imposed by United States District Judge J.P. Stadtmueller, was the result of a guilty plea entered by the defendant on November 16, 2019. Grills pled guilty to unlawfully and willfully seizing, kidnapping, abducting, and carrying away the victim from Wisconsin to Illinois, and holding her for purposes of retaliation, in violation of Title 18, United States Code, Section 1201(a)(1).
Despite a history of Domestic Violence which caused the victim to end their relationship in September, 2017, Grills tried repeatedly to contact the victim but she blocked his calls, and filed a complaint with the Greenfield Police Department for which Grills was ticketed for harassing behavior. After not having contact with Grills for ten months, on June 9, 2018, the victim awoke in the middle night to find Grills at the foot of her bed after he broke into the home she shared with her three children. He forced her into his van and took her, by gun point, from Milwaukee to Chicago. Along the way, he stopped her from escaping and raped her. Through the heroic efforts of the Greenfield Police Department, the victim was found, held against her will, in the defendant’s garage in Melrose Park, IL.
In sentencing the defendant, Judge Stadtmueller stated “Mr. Grills learned very little when it comes to respect of the law, to respecting family and to respecting the community.” He also said, “There is no excuse at all for what the defendant did.” He commented that he had a very lengthy record compromised of 16 criminal convictions that counted under the guidelines and many that did not and also had 32 arrests.
This case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Milwaukee County District Attorney’s Office, and the Greenfield Police Department. It was prosecuted by United States Assistant United States Attorneys Megan J. Paulson and Benjamin A. Wesson.
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Menominee Man Indicted for Possession of Child Pornography on Menominee Indian ReservationRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced that on February 19, 2020, a federal grand jury returned a one-count indictment against Kelly L. Turney (age: 23), of Zoar, on the Menominee Indian Reservation. The indictment charged Turney with Possession of Child Pornography in Indian Country, in violation of Title 18, United States Code, Section 2252A.
If convicted, Turney faces up to ten years in prison and a fine up to $250,000. He also faces at least five years and up to a lifetime on supervised release, and a mandatory special assessment of $100.
The Menominee Tribal Police Department, Wisconsin Department of Justice – Division of Criminal Investigation’s Internet Crimes Against Children Task Force, and the Federal Bureau of Investigation investigated the case. Assistant United States Attorney Andrew J. Maier will prosecute the case.
An indictment is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006, by the U.S. Department of Justice.
Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood, marshals, federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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For Additional Information Contact: Public Information Officer Kenneth Gales 414-297-1700
Serial Bank Robber SentencedRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that on February 18, 2020, Jason G. Burgett (age: 43) of, Wisconsin, appeared in federal court in Green Bay and was sentenced to 164 months in federal prison, was ordered to pay full restitution, and serve three years on supervised release following the completion of his federal sentence, for Bank Robbery, in violation of Title 18, United States Code, Section 2113(a).
As a condition of the plea agreement, Burgett acknowledged that he was responsible for the following bank robberies throughout Wisconsin: the Farmers State Bank in the Town of Fremont on June 3, 2019, the Stephenson National Bank and Trust in the Town of Pembine on July 8, 2019, and the Citizens Community Federal Bank in the Village of Lake Hallie on July 15, 2019. Burget also acknowledged attempting to rob the Northern United Federal Credit Union in Escanaba, Michigan, on July 5, 2019.
While handing down his sentence, Senior U.S. District Judge William C. Griesbach noted Burgett’s lengthy criminal history, including two prior bank robbery convictions from the late 1990s. Judge Griesbach called the robberies “frightening offenses” and highlighted the “terror” the defendant’s actions inflicted on the bank employees. Judge Griesbach determined that protection of the public was an important concern.
The case was investigated by the Waupaca County Sheriff’s Office, the Marinette County Sheriff’s Office, the Chippewa County Sheriff’s Office, the Escanaba Public Safety Department, and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Daniel R. Humble.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
Glendale Couple Indicted for Illegal Firearms Possession and Drug Trafficking OffenseRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced that on February 11, 2020, a federal grand jury returned a three-count indictment against a couple allegedly involved in drug trafficking and firearms offenses in the Eastern District of Wisconsin. The indictment charged Marquis Townsend (age: 39), and Silena Washington (age 29) each of Glendale, WI. The indictment charged the defendants as follows:
DEFENDENTS
COUNT
CHARGE
PENALTIES
Marquis Townsend
One
Possession with Intent to Distribute Marijuana, 21 USC § 841(a)(1) & (b)(1)(c)
Up to 20 years in prison.
Two
Possession of a Firearm in Furtherance of a Drug Trafficking Crime, 18 USC § 924(c)
Mandatory minimum 5 consecutive years in prison, up to life in prison.
Three
Felon in Possession of a Firearm, 18 USC §§ 922(g)(1) and 924(a)(2)
Up to 10 years in prison.
Silena Washington
One
Possession with Intent to Distribute Marijuana, 21 USC § 841(a)(1) & (b)(1)(c)
Up to 20 years in prison.
Two
Possession of a Firearm in Furtherance of a Drug Trafficking Crime, 18 USC § 924(c)
Mandatory minimum 5 consecutive years in prison, up to life in prison.
If convicted, Townsend and Washington face the imposition of fines and terms of supervised release in addition to the imprisonment listed above.
According to the indictment, on January 28, 2020, Townsend and Washington possessed marijuana with the intent to distribute the substance. Townsend and Washington also possessed a Kimber Ultra Carry II .45 caliber pistol; a Glock 22. 40 caliber pistol; a Glock 27 .40 caliber pistol; and a Smith and Wesson .380 caliber pistol in furtherance of drug trafficking. Townsend did so despite knowing he could not legally possess firearms.
This case is being prosecuted as part of the Project Safe Neighborhoods initiative. Project Safe Neighborhoods is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods’ strategy brings together all levels of law enforcement and community resources to reduce violent crime and improve the quality of life in all our neighborhoods.
This case is also 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. For more information about Project Guardian, please see https://go.usa.gov/xpBrs
This case was investigated by the Glendale Police Department. Assistant United States Bridget J. Domaszek will prosecute the case.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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Burglary and Firearm Theft Leads to Prison Sentences for Three Members of Menominee Indian Tribe of WisconsinRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that three members of the Menominee Indian Tribe of Wisconsin received sentences for their roles in the theft of a firearm from a residence on the Menominee Indian Reservation. The sentences, imposed by Senior United States District Judge William C. Griesbach, were the result of guilty pleas to the following charges:
Defendant
Charge of Conviction
Sentencing date
Months of Prison
Months of Supervised Release
Brett L. O’Kimosh (age: 42), of Keshena, WI
Possession of a Firearm by a Felon
02/13/2020
36
36
Anthony Boyd (age: 23), formerly of Green Bay, WI
Aiding or Abetting a Burglary
08/26/2019
18
36
Mary Ann Dodge (age: 33), of Shawano, WI
Aiding or Abetting a Burglary
08/26/2019
18
36
According to court filings, the defendants agreed to burglarize the Keshena residence of a relative. The three then drove to the residence. Once there, Boyd assisted O’Kimosh, who stole a rifle from inside the house. A resident inside the home chased the three away before they could steal more property, and Dodge drove the other two away. The three traveled to a home in Neopit, where they traded the rifle for drugs.
When imposing sentence, Judge Griesbach noted the serious nature of the conduct, the abuse of trust involved in taking advantage of a family member, and the need to deter others who would consider similar conduct.
The case was investigated by the Menominee Tribal Police Department and Federal Bureau of Investigation. Assistant United States Attorney Andrew J. Maier prosecuted the case.
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Milwaukee Business Owner Sentenced for $5.4 Million Tax Fraud ConspiracyRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin announced that on February 10, 2020, the Honorable Lynn Adelman sentenced Tedmund Blankschein (age: 51) to 15 months imprisonment followed by three years of supervised release for conspiracy to commit tax fraud. Blankschein was also ordered to pay $5.4 million in restitution to the IRS, joint and several with his co-conspirator, Albert Golant, aka “Alex Golant.”
Blankschein previously plead guilty to conspiring to defraud the United States by impeding the Internal Revenue Service in connection with his and Albert Golant’s luxury vehicle brokerage businesses, WI Automotive T.R.U.S.T.; Lease, Registration, and Consulting LLC; and DOT Automotive of WI LLC, from at least May 2013 to May 2017. Blankschein and Golant were in the business of purchasing luxury vehicles in the United States and selling them at a substantial profit to overseas buyers, typically in China.
Both Blankschein and Golant had control over multiple business and personal bank accounts they used to divert corporate receipts which were supposed to be used to purchase specific luxury vehicles. Blankschein and Golant used the diverted funds to gamble and to purchase personal items such as expensive jewelry, which they concealed from their accountant. Instead, Golant falsely told the accountant that the funds were used to purchase luxury vehicles and should be deducted as expenses on their tax returns. As a result, the tax returns prepared by their accountant substantially overstated business expenses and underreported income by more than $12 million, generating a tax loss to the United States of more than $5.4 million.
This matter was investigated by the Internal Revenue Service-Criminal Investigations and the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Laura S. Kwaterski.
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U.s. Attorney’s Office Hosts Roundtable on Sexual Harassment in HousingRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin and the Justice Department’s Civil Rights Division hosted a roundtable Friday February 7th 2020 for community organizations to discuss the problem of sexual harassment in housing.
The event included legal aid offices, fair housing organizations, government agencies, shelters, and transitional housing providers. Those organizations were invited because they often work with vulnerable populations who are most likely to become victims of sexual harassment in housing.
“Sexual harassment in housing is often underreported, but it is an egregious violation of a person’s right to fair housing,” U.S. Attorney Krueger said. “Landlords, superintendents, and anyone else who uses their power over tenants to extort sexual acts, or even commit assaults, is intolerable. Our office is dedicated to uncovering such violations and vigorously enforcing the law.”
The Department of Justice, through the U.S. Attorneys’ Offices and the Civil Rights Division, enforces the federal Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act.
The Justice Department’s Civil Rights Division launched the Sexual Harassment in Housing Initiative, an effort to combat sexual harassment in housing, in October 2017 and expanded it nationwide in April 2018. The Justice Department’s initiative seeks to identify barriers to reporting sexual harassment in housing, increase awareness of the Justice Department’s enforcement efforts among people who have experienced sexual harassment in housing and those they may report to, and collaborate with federal, state, and local partners to increase reporting and help people who have experienced sexual harassment quickly and easily connect with federal resources.
Our office is working closely with the Civil Rights Division to spread the word here in the Eastern District of Wisconsin about options to help people experiencing sexual harassment or who experienced sexual harassment in housing in the past. Roundtable discussions like the one that U.S. Attorney Krueger hosted today are one way to increase awareness and build strong partnerships in the community to combat this problem together.
Our community organizations, such as local law enforcement, legal aid offices, fair housing organizations, shelters, and transitional housing providers can identify the misconduct and recommend that victims report sexual harassment to the Civil Rights Division. Not only should people who experience sexual harassment in housing be aware of the Justice Department’s enforcement efforts, but people or organizations they may tell about the sexual harassment should also be aware where to refer them to report the misconduct. Local police departments or legal aid offices may be able to help victims, if the behavior is a crime or if there is an imminent eviction. In addition, organizations should recommend that the victim report the harassment to the Civil Rights Division and the U.S. Attorney’s Office.
While most people are familiar with the problem of sexual harassment in the workplace, harassment also occurs in housing, and the Fair Housing Act prohibits it. The Justice Department brings cases each year involving egregious conduct, including allegations that defendants have exposed themselves sexually to current or prospective tenants, requested sexual acts in exchange for reduced rents or making necessary repairs, made unrelenting and unwanted sexual advances to tenants, and evicted tenants who resisted their sexual overtures.
Many instances of sexual harassment in housing continue to go unreported. The Justice Department’s investigations frequently uncover sexual harassment that has been occurring for years or decades and identify numerous victims who never reported the conduct to federal authorities.
The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the Division by calling (844) 380-6178 or emailing [email protected]. Individuals who believe they may have been victims of discrimination may also file a complaint with the U.S. Attorney’s Office at 414-297-1700.
Individuals or organizations who want more information about how to raise awareness of sexual harassment or discrimination should likewise contact the U.S. Attorney’s Office.
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Manitowoc County Man—Who Absconded from Extended Supervision on Vehicular Homicide Charges—is Sentenced to 20 years’ Imprisonment for Transporting a Minor Across State Lines to Engage in Criminal Sexual Activity and Possessing Child PornographyRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on February 4, 2020, U.S. District Judge William C. Griesbach sentenced Zachary S. Gauthier (age: 26) to a total sentence of 20 years’ imprisonment and 20 years’ supervised release after Gauthier pled guilty to Transporting a Minor Across State Lines to Engage in Criminal Sexual Activity and Possessing Child Pornography, in violation of Title 18, United States Code, Sections 2423(a) and 2252A(a)(5)(B). The offense of transporting a minor began in Manitowoc County, Wisconsin, and was therefore filed in the Eastern District of Wisconsin.
The child pornography offense was committed in the Northern District of Alabama, and through the cooperative efforts of the respective United States Attorneys for each district, was consolidated for a guilty plea and sentencing in the Eastern District of Wisconsin.
On August 6, 2018, a Manitowoc County resident reported to law enforcement that her 15-year-old granddaughter ran away from home. The Manitowoc County Sheriff’s Department immediately investigated and, with subsequent assistance from the Manitowoc County District Attorney’s Office, Federal Bureau of Investigation, and United States Marshals Service, determined that Zachary S. Gauthier had met the granddaughter online and took her on a multi-state and weeks’ long trip ending in Parrish, Alabama. Gauthier had introduced himself to the grandmother using a fake name, representing that he wanted the granddaughter to babysit his young daughter. Then, throughout the cross-country trip and at a rented trailer in Alabama, Gauthier repeatedly sexually assaulted the granddaughter. He also knowingly searched for, downloaded, and possessed child pornography on his mobile phone in Alabama. Gauthier was arrested in Alabama by Deputy U.S. Marshals in early November 2018, after the granddaughter discovered child pornography on Gauthier’s phone.
Meanwhile, on August 10, 2018, the State of Wisconsin issued a warrant for Gauthier’s arrest because he absconded from extended supervision, which he was serving after being released from prison on two counts of negligent homicide by operation of a motor vehicle. Following his arrest in November 2018, Gauthier was extradited from Alabama to Wisconsin, his supervision was revoked, and he was ordered to serve another six years in state prison on the negligent homicide charges.
“Gauthier’s horrific crimes underscore the epidemic of child exploitation in our country,” said U.S. Attorney Krueger. “I commend the excellent work of the Manitowoc Sheriff’s Office, the Manitowoc District Attorney’s Office, and our federal and state partners, from across the country, whose collaboration brought Gauthier to justice. Predators like Gauthier should take note that decades in federal prison await them.”
“These crimes are detestable and our investigators and prosecutors will remain ever vigilant in protecting victims,” said U.S. Attorney Jay E. Town, Northern District of Alabama. “He will now spend the next 20 years in bed space reserved for him in a federal prison.”
FBI Special Agent in Charge Robert E. Hughes stated: “I commend the work of our FBI Child Exploitation Task Force. This case is a clear example that those who prey on children will get law enforcement’s full attention – federal, state and local. “Child sex predators have no boundaries when targeting their victims and transporting them interstate. However, collectively law enforcement has a very long reach and will pursue them wherever they run to ensure they are caught and brought to justice.”
“We would like to thank our numerous federal, state, and local law enforcement partners who assisted with the investigation and apprehension of Zachery Gauthier. Detective Bret Oswald was instrumental in his efforts to see this case through to a successful completion.” said Manitowoc County Sheriff Dan Hartwig
The case was prosecuted by Assistant United States Attorney Tim Funnell. This case was investigated by the Manitowoc County Sheriff’s Department, the Manitowoc County District Attorney’s Office, the Federal Bureau of Investigation, and the United States Marshals Service.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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Green Bay Man Charged with Production of Child PornographyRead the Press Release
United States Attorney Mathew D. Krueger of the Eastern District of Wisconsin, announced that on February 3, 2020, Todd J. Naze (age: 54) of Green Bay, Wisconsin, was charged by criminal complaint with six counts of production of child pornography in violation of 18 U.S.C. Section 2251. If convicted of any charge, Naze faces a mandatory minimum term of 15 years and up to 30 years in prison, $250,000 fine, and five years to life of supervised release.
The affidavit in support of the criminal complaint alleges that on December 31, 2019, Adult Female 1 met with Brown County Sheriff Deputies and advised them that Todd Naze possessed a hard drive containing image and movie files of females using the toilet in a staff bathroom at Southwest High School in Green Bay, Wisconsin. In the process of doing so, the females exposed their pubic and genital area, which was recorded on the videos. Adult Female 1 copied the hard drive and provided a copy to law enforcement. Upon examining the videos, law enforcement advised that they appeared to be created from a camera hidden in the bathroom and contain video images of multiple females. Law enforcement searched Naze’s residence and school office recovering numerous computers and storage devices that continue to be examined. Law enforcement have identified thousands of movie and image files containing images of more than 30 females. Seventeen of them are either current or former students. In general, the videos of the minor females depict the minor from the waist down and only in camera view when directly in front of the toilet.
On February 5, 2020, Naze appeared before the Honorable James Sickel, Magistrate Court Judge, and was ordered to be held in jail. A preliminary hearing in the matter is scheduled for February 20, 2020 3:00 PM in Courtroom 201, 125 S. Jefferson St., Green Bay, WI 54301 before Magistrate Judge James R Sickel.
This case was investigated by the Green Bay Police Department, Brown County Sheriff’s Department and Brown County District Attorney’s office. The case is being prosecuted by Assistant United States Attorney William Roach.
A criminal complaint is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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U.s. Attorneys Mark Opioid Warning Letter Anniversary: Substantial Drop in Opiate Prescriptions Follows Cooperation Between Law Enforcement and Medical CommunityRead the Press Release
Scott C. Blader and Matthew D. Krueger, United States Attorneys for the Western and Eastern Districts of Wisconsin, respectively, announced today that their offices have observed a substantial decrease in opioid prescribing among medical providers who received warning letters as part of last year’s opioid initiative.
Last February, the United States Attorneys’ Offices sent letters to more than 180 Wisconsin physicians, physician assistants, and nurse practitioners advising that a review of their prescribing practices showed that they were prescribing opioids at relatively high levels compared to evidence-based prescribing guidelines. The letters warned that these prescribing practices could be contributing to the flow of prescription opioids into illegal markets and could lead to civil and criminal enforcement actions.
Thanks partly to this initiative and the consistent efforts by the Wisconsin medical community to stem over-prescribing, Wisconsin has seen substantial progress in the fight against opioid abuse. Last year’s opioid initiative has also led to meaningful discussions and collaboration amongst members of the law enforcement and medical communities. In April, the United States Attorneys’ Offices coordinated a roundtable discussion in Madison, where representatives from federal and state law enforcement and the Wisconsin medical community discussed collaborative methods for stemming opioid overprescribing among the state’s prescribers.
In October, the United States Attorneys’ Offices met with the medical community and other treatment, prevention, harm reduction, and enforcement partners to hold an opioid and methamphetamine summit with the theme of “Making Progress Through Collaboration.” More than 500 people attended the two-day conference, which featured updates on trends from the United States Drug Enforcement Administration as well as the Wisconsin Society of Addiction Medicine.
The United States Attorneys have also sent representatives to speak at hospital meetings and medical society gatherings about the dangers of opioid diversion. Through these efforts, the United States Attorneys seek to establish a dialogue with the medical community about safe and legal prescribing practices, and how best to address the state’s opioid epidemic.
In addition to the letters and outreach, the United States Attorneys and their federal and state law enforcement partners have continued to pursue cases in the past year against medical providers who knowingly prescribe narcotics beyond medical necessity. Recently, in the Western District of Wisconsin, Thomas Strick, a Wausau physician, was sentenced to three months in federal prison and one year of supervised release for diverting prescription fentanyl for personal use.
In Strick’s case, the government’s investigation revealed that between 2011 and 2018, he had prescribed fentanyl patches to at least six patients without medical need and instructed those patients to return the filled prescriptions to him for personal use. In total, Strick had written 193 fraudulent fentanyl prescriptions and acquired 3,156 patches as part of the scheme.
After Strick’s guilty plea, United States Attorney Blader reaffirmed his office’s commitment to holding accountable “medical practitioners who violate their oaths.” According to Blader, “our goal is to work with law enforcement and medical partners to stop addictions before they start by stemming the diversion of prescription opioids to unlawful channels.”
Likewise, in the Eastern District of Wisconsin, Steven Kotsonis, a Menomonee Falls medical doctor, and his office manager, were convicted of unlawfully distributing Oxycodone. Both face up to twenty years in prison at sentencing.
After Kotsonis and his office manager pled guilty on December 17, 2019, United States Attorney Krueger said, “this case underscores the Justice Department’s commitment to combatting the opioid crisis.” He emphasized that “far too many Wisconsinites have seen loved ones suffer from an opioid addiction or, worse, an overdose. Because the path to addiction often begins with prescription opioids, we are committed to investigating and prosecuting prescribers like Kotsonis who deal drugs behind the façade of medical practice.”
The active participation of Wisconsin medical systems, medical societies, and medical regulators has been essential to reducing opioid over-prescribing in Wisconsin. Many medical systems have undertaken internal reviews of employee prescribing practices, while medical societies have reinvigorated programs aimed at training providers about safe and lawful opioid prescribing. The Wisconsin medical community is also engaged in renewed information sharing efforts designed to identify and stem pill-seeking behavior before prescriptions are written.
Due to sustained efforts of all partners, total opioid prescriptions in Wisconsin have declined by 30 percent between 2016 and 2019, according to data from the Wisconsin Prescription Drug Monitoring Program. The letters sent by the United States Attorneys appear to have amplified this downward trend. Looking at Medicare prescription data, the total amount of opioids that letter recipients prescribed from July 2017 to June 2019, decreased by about 20 percent in the Western District and about 29 percent in the Eastern District compared the total amount opioids that recipients prescribed from July 2016 to June 2018, before the letters were sent.
In the coming year, the United States Attorneys’ Offices will continue to work with the Wisconsin medical community in support of their efforts to educate providers and monitor opioid prescribing. This will include redoubling efforts to ensure that providers have access to the best information available before prescribing opioids by ensuring that law enforcement is submitting timely and accurate overdose and arrest data to the Wisconsin Prescription Drug Monitoring Program.
The United States Attorneys’ Offices will also continue to monitor opioid prescribing data and take further action, as necessary, against prescribers whose practices substantially exceed evidence-based prescribing guidelines.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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Prison Sentences for California-Based Drug Trafficking Ring That Shipped Methamphetamine to Northeastern WisconsinRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that five individuals received sentences after convictions for drug trafficking in the Fox Valley Region of Northeastern Wisconsin. The sentences, imposed by Senior United States District Judge William C. Griesbach, were the result of guilty pleas by the five individuals between August 30, 2019, and October 18, 2019:
Defendant
Charge of Conviction
Sentencing date
Months of Prison
Months of Supervised Release
Tou Lee Xiong, (Age: 45), formerly of Represa, CA
Conspiracy to Distribute Methamphetamine
11/25/2019
240
60
Blia Lor, (Age: 38) formerly of Appleton, WI
Conspiracy to Distribute Methamphetamine
11/26/2019
115
60
Meng Xiong, (Age: 43) formerly of Merced, CA
Possession with Intent to Deliver Methamphetamine
10/10/2019
120
60
Cher Yang, (Age: 31) formerly of Milwaukee, WI
Conspiracy to Distribute Methamphetamine
12/5/2019
60
120
Gwen Biersteker, (Age: 41) formerly of Seymour, WI
Conspiracy to Distribute Methamphetamine
3/3/2020
60
60
The investigation revealed that between October 2016 and November 2018, the defendants conspired amongst themselves and with others, and distributed a large quantity of methamphetamine in the Fox Valley region of Northeastern Wisconsin. The defendants and others arranged for shipments of methamphetamine to arrive by car couriers and postal shipments from northern California to Northeastern Wisconsin.
Tou Lee Xiong, who was a prisoner in the California prison system, used contraband phones to orchestrate shipments from sources in California. Blia Lor and Gwen Biersteker, along with others indicted and sentenced in previous cases, served as points of contact for local distribution in the Fox Valley and Green Bay areas. Yang provided funding for the endeavor, and transported methamphetamine from Milwaukee to the Appleton area. Xiong traveled from California in order to assume responsibility for local distribution networks and was caught by law enforcement with multiple pounds of methamphetamine and two handguns.
Evidence collected throughout the case suggests the amount of methamphetamine attributable to the group for the period it was active exceeded 100 pounds.
Senior Judge Griesbach pointed out the serious natures of the offenses, and noted the damage to the community caused by the defendants. The sale and distribution of a “poison” required stiff sentences as a deterrent to those who would consider engaging in this sort of activity. Senior Judge Griesbach also pointed out the defendants’ direct and indirect support of violent international drug cartels who perpetrated horrific violence against innocent citizens throughout the United States and elsewhere.
The case was investigated by the U.S. Drug Enforcement Administration, with assistance from the United States Postal Inspection Service, Brown County Drug Task Force, Wisconsin Department of Justice – Division of Criminal Investigation, and Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Andrew J. Maier.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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Two Rivers Resident Sentenced to 15 Years of Imprisonment for Methamphetamine DistributionRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that on January 30, 2020, Clint J. Blaha (age: 37), of Two Rivers, Wisconsin, was sentenced to 15 years’ incarceration to be followed by ten years of supervised release for possessing with the intent to distribute over 50 grams of actual methamphetamine, in violation of Title 21, United States Code, Section 841(a) and (b)(1)(A),.
According to court documents, in May 2019, the Manitowoc County MEG Unit began investigating Blaha for suspected distribution of methamphetamine. They monitored interstate wire transfers and surveilled Blaha’s travel to known drug distribution areas. In July 2019, they initiated a traffic stop for the purpose of arresting Blaha. During that traffic stop they recovered 77.5 grams of methamphetamine. They obtained a search warrant for Blaha’s residence where they recovered an additional 1.25 pounds of actual (“crystal”) methamphetamine packaged for distribution.
In pronouncing sentence, Senior District Judge William C. Griesbach noted the serious nature of Blaha’s offense and the need to send a strong message of deterrence to Blaha and anyone else who might attempt to distribute drugs in Northeast Wisconsin.
The case was investigated by the Manitowoc County Metropolitan Enforcement Group with the assistance of the Manitowoc County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Daniel R. Humble.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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Wausau Man Indicted for Illegal Firearm Possession and Drug Trafficking OffenseRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced that on January 28, 2020, a federal grand jury returned a three-count indictment against Matthew J. Hornung (age: 36), formerly of Wausau . The indictment charges Hornung as follows:
COUNT
CHARGE
PENALTY
One
Possession with Intent to Distribute Methamphetamine, 21 USC § 841(a)(1)
Mandatory minimum 5 years in prison, up to 40 years in prison.
Two
Possession of a Firearm in Furtherance of a Drug Trafficking Crime, 18 USC § 924(c)
Mandatory minimum 5 consecutive years in prison, up to life in prison.
Three
Felon in Possession of a Firearm, 18 USC §§ 922(g)(1) and 924(a)(2)
Up to 10 years in prison.
If convicted, Hornung faces the imposition of fines and a term of supervised release in addition to the imprisonment listed above.
According to the indictment, on or about October 16, 2019, Hornung possessed more than 5 grams of methamphetamine with the intent to distribute the substance. Hornung also possessed a 9mm semiautomatic handgun in furtherance of drug trafficking, despite knowing he could not legally possess firearms.
This case is being prosecuted as part of the Project Safe Neighborhoods initiative. Project Safe Neighborhoods is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods’ strategy brings together all levels of law enforcement and community resources to reduce violent crime and improve the quality of life in all our neighborhoods.
This case is also 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. For more information about Project Guardian, please see https://go.usa.gov/xpBrs
The Central Wisconsin Narcotics Task Force and Federal Bureau of Investigation investigated the case, with assistance from the Drug Enforcement Administration and Shawano County Sheriff’s Office. Assistant United States Attorney Andrew J. Maier will prosecute the case.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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Wisconsin Accountant Found Guilty of Conspiracy to Obtain over $260 Million in Small Business ContractsRead the Press Release
Mark F. Spindler, a certified public accountant, was found guilty of conspiring with Brian L. Ganos in a scheme to use front companies to obtain set-aside contracts intended for small businesses led by service-disabled veterans and disadvantaged individuals.
United States Attorney Matthew D. Krueger announced that on January 24, 2020, a jury found Mark F. Spindler of Menomonee Falls, Wisconsin, guilty of conspiracy to commit wire and mail fraud. Spindler is a certified public accountant (“CPA”) in the firm Komisar & Spindler, s.c. From the late 1990s to 2017, Spindler provided accounting services to Brian L. Ganos and Milwaukee-based construction companies Ganos controlled, including Sonag Company, Inc.; Sonag Ready Mix LLC; Nuvo Construction Company, Inc.; and C3T, Inc.
After a four-day trial before the Honorable Pamela Pepper, Spindler was found guilty of conspiring with Ganos and others in scheme to use front companies to obtain set-aside contracts intended for small businesses owned by service-disabled veterans and disadvantaged individuals. The scheme involved operating three construction companies with straw owners who qualified as a disadvantaged individual or as a service-disabled veteran, but who did not actually control the companies. Ganos then fraudulently obtained small business program certifications to win government-funded contracts to which the companies were not entitled. Specifically,
- Nuvo Construction Company, Inc. (“Nuvo”) was misrepresented to be majority-owned and controlled by Jorge Lopez in order to obtain certifications as a Small Disadvantaged Business from the U.S. Small Business Administration (“SBA”) and as a Disadvantaged Business Enterprise from Milwaukee County. In reality, Jorge Lopez worked full-time for a different entity in Minnesota and did not actually control Nuvo.
- C3T, Inc. was misrepresented to be majority owned and controlled by Telemachos Agoudemos to obtain verification as a Service-Disabled Veteran-Owned Small Business. In reality, for long stretches, Telemachos Agoudemos had virtually no involvement in C3T.
- Pagasa Construction Company, Inc. was misrepresented to be majority owned and controlled by Odessa Millan in order to obtain certification as a Small Disadvantaged Business from the SBA. In reality, Odessa Millan relied on the assistance of Ganos-controlled companies to form Pagasa.
The scheme continued from 2004 to mid-2016 during which period, Ganos and others used those certifications to obtain over $260 million in federal, state, and local contract payments. These included federal construction contracts that were set aside for small businesses controlled by service-disabled veterans or disadvantaged individuals.
At trial, the government introduced evidence that Spindler participated in the conspiracy in several ways, including:
- Spindler wrote multiple letters to certifying agencies that contained false information and enabled the front companies to retain their certifications. For example, Spindler wrote a letter for the Department of Veterans Administration (“VA”) that claimed T.A. was the highest-compensated employee of C3T, when in fact, multiple C3T employees were earning more than Telemachos Agoudemos, the purported President of C3T.
- Spindler provided accounting advice to help Ganos and others conceal the profits they were moving out of the front companies. For example, Spindler provided accounting entries that charged “services” from Ganos’s Sonag Company to the front companies, even though no services had been rendered, in order to justify millions of dollars that Ganos was taking from the front companies.
- Spindler lied to criminal investigators from the FBI and VA during an interview in June 2012. Spindler falsely stated that Ganos had no influence over C3T and that the front companies had no affiliation with each other or Ganos’s Sonag Company. Partly as a result of Spindler’s false statements, the criminal investigation was closed and the scheme continued for four more years. Only after new information came to light several years later was a new investigation started, which eventually ended the scheme.
Spindler is scheduled to be sentenced on May 6, 2020. The maximum penalties for the wire and mail fraud conspiracy conviction are 20 years in prison, a $250,000 fine, and a term of supervised release. In December 2019, Spindler’s co-conspirator, Ganos, was sentenced to 78 months in prison. Ganos had earlier pleaded guilty to one count of wire fraud and one count of mail fraud. Four other individuals and one corporation have also pleaded guilty to a felony charge in connection with the conspiracy.
“This verdict shows that CPAs and other professionals who use their expertise to facilitate fraud will be held accountable,” said United States Attorney Krueger. “CPAs hold a position of trust in our society because they are supposed to exercise objective, independent judgment as they review clients’ financial statements. Spindler exploited that trust and used the credibility of his CPA license to enable a massive fraud scheme. What’s worse, the scheme stole opportunities from disabled veterans and disadvantaged individuals who lost out on the contracts that Spindler helped Ganos steal. I commend the extraordinary efforts of the federal agencies that investigated this complex case and brought this sweeping fraud to light.”
The following agencies participated in the investigation: the Federal Bureau of Investigation; U.S. General Services Administration, Office of Inspector General; Department of Veterans Affairs, Office of Inspector General; Department of Defense, Office of the Inspector General, Defense Criminal Investigative Service; U.S. Department of Transportation, Office of Inspector General; U.S. Small Business Administration, Office of Inspector General, Investigations Division; Defense Contract Audit Agency; and U.S. Army Criminal Investigations Command Major Procurement Fraud Unit.
At trial, the government was represented by United States Attorney Matthew D. Krueger and Assistant United States Attorney Adam H. Ptashkin. The case and related forfeiture matters were also handled by Assistant United States Attorneys Scott J. Campbell and Michael A. Carter.
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- Nuvo Construction Company, Inc. (“Nuvo”) was misrepresented to be majority-owned and controlled by Jorge Lopez in order to obtain certifications as a Small Disadvantaged Business from the U.S. Small Business Administration (“SBA”) and as a Disadvantaged Business Enterprise from Milwaukee County. In reality, Jorge Lopez worked full-time for a different entity in Minnesota and did not actually control Nuvo.
Former Attorney Charged with Fraud for Falsely Representing to Client that Assistant United States Attorney had Agreed to Accept a Bribe in Exchange for Securing a Reduced Sentence for ClientRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin announced on January 23, 2020, that former attorney Mark A. Ruppelt (age: 50) was charged in a three-count information with devising and executing a scheme to defraud his client, in violation of the federal wire fraud statute.
The information alleges that Ruppelt’s scheme was to obtain money from his client by falsely claiming he had arranged to pay a bribe to an Assistant United States Attorney (“AUSA”) and other officials, in exchange for their assistance in obtaining a sentence reduction for the client. In fact, none of those officials were aware of Ruppelt’s representations to his client, and none had been offered or agreed to accept a bribe.
According to the information, Ruppelt asked for, and received, a total of $30,000 from his client. In a series of phone conversations, Ruppelt, among other things:
- falsely told his client that a specific AUSA was willing to accept a bribe;
- falsely told his client that the $30,000 would “100% secure” the AUSA’s assistance in obtaining a sentence reduction;
- falsely told his client that Ruppelt had already “taken care of” bribing a probation officer and only had to finish paying the AUSA;
- put the client off by falsely telling the client that the AUSA, while still on board with accepting the bribe, wanted to wait several weeks so that the political climate was more conducive to getting away with the bribe arrangement; and
- attempted to conceal his scheme by directing his client to avoid “putting anything in writing,” explaining that “there can’t be any trace of this.”
If convicted, Ruppelt faces a maximum term of imprisonment of 20 years, a maximum term of three years of supervised release, and a maximum fine of $250,000.
An information is a formal method of charging an individual with a criminal offense. The charges contained in the information are merely allegations and are not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.
The case was investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Gregory J. Haanstad.
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Sheboygan Man Sentenced on Methamphetamine and Firearm ChargesRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that on January 13, 2020, Ey Lao (age: 34) of Sheboygan, Wisconsin, was sentenced to 15 years in federal prison. Lao was found guilty following a jury trial last October of possession with the intent to distribute methamphetamine in violation of Title 21, United States Code, Sections 841(a) and 841(b)(1)(A) and of being a felon in possession of a firearm contrary to Title 18, United States Code, Section 922(g)(1).
The evidence at trial revealed that Lao and his girlfriend, Lola Yang a/k/a “Lola Chang,” slid off an Interstate 43 exit ramp where their vehicle became stuck during a March 1, 2019 blizzard. A Brown County Sheriff’s lieutenant made contact with the couple and became suspicious when his efforts to assist Lao and Yang out of their predicament were rebuffed. Further investigation revealed that the duo were in possession of 73.01 grams of actual (“crystal”) methamphetamine, a digital scale, and drug paraphernalia located inside a locked safe. Following the couple’s arrest, the vehicle was more closely searched and a loaded 9mm Kel-Tec firearm was located in the glove box.
Yang (age: 33), also of Sheboygan, pled guilty prior to trial and received a 10 year sentence on the methamphetamine charge.
Senior District Judge William C. Griesbach noted the serious nature of Lao’s crimes and his prior convictions for similar offenses in state court as support for the lengthy prison sentence. Lao will also be required to spend 10 years on supervised release following his prison sentence.
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Oak Creek Man Arrested for Conspiracy to Violate Citizens’ Rights in Connection with Racine Synagogue VandalismRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin announced on January 17, 2020, that Yousef O. Barasneh (age: 22) of Oak Creek, Wisconsin, was charged by criminal complaint with conspiring to violate citizens’ rights to use property free from threats and intimidation, in violation of 18 U.S.C. § 241.
The complaint alleges that Barasneh is a member of “The Base,” a neo-Nazi, racially motivated extremist group, and that between September 15, 2019, and September 23, 2019, he conspired with other Base members to vandalize minority-owned property, including property used by Jewish citizens. As part of this conspiracy, Barasneh vandalized the Beth Israeli Sinai Congregation in Racine, Wisconsin, by spray-painting swastikas, the symbol for The Base, and anti-Semitic words on the exterior of the synagogue. If convicted of the charge, Barasneh faces up to ten years in prison and up to $250,000 in fines.
“The United States is committed to vigorous enforcement of civil rights statutes against individuals motivated by extremist ideologies,” stated United States Attorney Krueger.
FBI Special Agent in Charge Robert E. Hughes stated: “This demonstrates the FBI’s vigilance in investigating individuals who attempt to dismiss and violate others’ Constitutional rights. Through the great coordination and investigation of multiple national JTTFs, FBI Milwaukee was able to participate and affect our portion of the investigation”
This case was investigated by the Milwaukee Federal Bureau of Investigation and Joint Terrorism Task Force (JTTF). The case is being prosecuted by Assistant United States Attorney Benjamin Proctor.
A criminal complaint is only a charging document and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.
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Twenty-Six People Charged with Trafficking at least Five Kilograms of Cocaine, Heroin and Fentanyl Between Puerto Rico and MilwaukeeRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced today that 26 defendants have been charged in federal court with trafficking at least five kilograms or more of cocaine as well as distributable quantities of heroin and fentanyl. The defendants were also charged with money laundering and conspiracy to commit money laundering. If convicted, each defendant faces a mandatory minimum of 10 years in prison and up to life in prison. According to the complaint, the defendants were part of a drug-trafficking organization that has been sending multi-kilogram quantities of cocaine through the U.S. Postal Service from Puerto Rico to Milwaukee, Wisconsin.
On January 15, 2020, federal, state, and local law enforcement officers arrested 22 of these defendants. The officers also executed search warrants in both Milwaukee and Puerto Rico resulting in the seizure of approximately 15 kilograms of cocaine, at least 50 grams of heroin, at least 80 grams of crack cocaine, 35 firearms (25 handguns, 8 rifles, 1 fully automatic handgun, and 1 sawed off shotgun), and approximately $267,000 in U.S. currency.
United States Attorney Krueger said in announcing this takedown: “Our communities continue to suffer from an unprecedented drug epidemic that has taken far too many lives. The drug trafficking organizations that fuel this epidemic for their own profit must be stopped and held accountable. These arrests demonstrate the extraordinary commitment and partnership among all levels of law enforcement to pursue traffickers, wherever they are operate.”
The defendants charged in this law enforcement action, called Operation Island Hopper, are:
Name
Age
Residence
Jose GONZALEZ-COLLADO
28
Milwaukee
Hector Yamil RODRIGUEZ-RODRIGUEZ
28
Milwaukee
Marcos APONTE-LEBRON
40
Milwaukee
Vladimir RODRIGUEZ-RODRIGUEZ
25
Milwaukee
Steven CORTES-IRIZARRY
38
Milwaukee
Kevin TORRES-BONILLA
29
Milwaukee
Andros MARTINEZ-PELLOT
30
Milwaukee
Eric ROSA
32
Milwaukee
Kadeja LEWIS
29
Milwaukee
Yadier ROSARIO
23
Milwaukee
Julio RIVERA-RAMIREZ
51
Milwaukee
Rafael RIVERA-QUINONES
34
Milwaukee
Ricardo BONILLA
48
Milwaukee
Jose BURGOS-RIVERA
42
Milwaukee
Jomar LABOY-SILVA
27
Milwaukee
Enid MARTINEZ
32
Milwaukee
Alexander MORALES-RIVERA
27
Milwaukee
Wilberto SANTIAGO-MARTINEZ
38
Milwaukee
Julio SEDA-MARTINEZ
39
Milwaukee
Jose M. AVILES-GONZALEZ
25
Milwaukee
David QUINONES-QUINONES
48
Puerto Rico
David Joel QUINONES-RIOS
29
Puerto Rico
Roberto ORENCH-FELICIANO
27
Puerto Rico
Carlos Omar CONCEPCION-RIVERA
31
Puerto Rico
Yashira Jehovalis CORTES-NIEVES
24
Puerto Rico
Keishla M. ORENCH-FELICIANO
27
Puerto Rico
“This case shows the impact that intensive investigations targeting large-scale drug trafficking can have,” said Wisconsin Attorney General Josh Kaul. “When local, state, and federal investigators work together, as they have in this case, we can disrupt the supply of narcotics to Wisconsin and help people avoid addiction. Thank you to the brave law enforcement professionals at DCI and other agencies who have worked on this case.”
“The DEA is committed working with its local, state and federal law enforcement partners to keep the citizens of Milwaukee safe from drug trafficking and the violence that is always associated with it. Today’s arrests shows the resolve of law enforcement to work together in order to identify, investigate, and prosecute individuals who profit from the national drug epidemic,” said DEA Milwaukee District Office Assistant Special Agent in Charge Paul E. Maxwell, Jr.
Chicago Division Postal Inspector in Charge Bill Hedrick said, “The incredible partnerships between law enforcement agencies are imperative to protect the American public from illegal drug activity and the violence that goes along with it. The criminal activity in this case was uncovered through the investigation of drug parcels by a well-trained Postal Inspector, and transformed into this multi-faceted investigation which led to the numerous arrests we have today. Postal Inspectors work not only to remove drugs from the mail, but to investigate and arrest individuals, and disrupt drug trafficking across the United States.”
“This investigation’s success is a direct result of the strong partnership between HSI and our local, state and federal law enforcement partners,” said Special Agent in Charge James M. Gibbons, HSI Chicago. “This close coordination between law enforcement agencies is essential to ensuring those allegedly involved in the illicit drug trade are brought to justice.”
ATF Special Agent in Charge Tim Jones said, “Protecting the American people from criminal organizations is a priority of the ATF. Operations such as this are a great example of how law enforcement partnerships working in concert can help protect the public from criminal organizations and reduce violent crime.”
The defendants were charged based on a multi-year investigation led by law enforcement agents and officers from the Drug Enforcement Administration (DEA), the North Central High Intensity Drug Trafficking Area (HIDTA), the Wisconsin Department of Justice, Division of Criminal Investigations, Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Postal Inspection Service, the Milwaukee Police Department, and the City of New Berlin Police Department. Assistant United States Attorney Robert J. Brady, Jr. and Assistant United States Attorney Gail Hoffman are prosecuting the case.
The public is cautioned that a criminal complaint is merely a charge and the defendant is presumed innocent until and unless proven guilty.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
Oshkosh Man Sentenced for Unlawfully Buying a Firearm for a Juvenile who featured it in an Instagram Post with the comment “Revealing New School Shooter Gun”Read the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on January 15, 2020, U.S. District Judge William C. Griesbach sentenced Hunter C. Nicholson (age: 19) to 30 days’ imprisonment and 3 years’ supervised release after Nicholson pled guilty to Making a False Statement to a Federal Firearms Dealer, in violation of Title 18, United States Code, Section 922(a)(6).
On June 17, 2019, the resource officer for the Oshkosh Area School District alerted the Winnebago County Sheriff’s Department that 16-year-old “Juvenile Male”—an Oshkosh North student—posted an Instagram video of someone shooting an assault-style rifle, accompanied by the following comment: “Revealing new school shooter gun.” As a result of the post, Winnebago County deputies questioned Juvenile Male and seized the firearm—an Anderson Manufacturing, Model AM-15, 5.56-millimeter rifle with a Magpul pistol grip. Deputies also recovered two ammunition magazines for the rifle and several rounds of ammunition.
Juvenile Male told deputies that he posted the video and made the comment, but said that he meant it as a joke. Juvenile Male admitted that Hunter C. Nicholson bought the rifle for him at a federally licensed firearms dealer in Oshkosh. During the transaction, Nicholson completed the federally required ATF Form 4473 and falsely answered that he was the actual purchaser of the firearm. Deputies and ATF agents subsequently interviewed Nicholson, who admitted making the unlawful purchase and false statements when he bought the firearm for Juvenile Male.
Making a false statement to a federal firearms dealer is a felony punishable by up to 10 years’ imprisonment, a $250,000 fine, and 3 years’ supervised release.
This case was prosecuted under the Project Safe Neighborhoods initiative. Project Safe Neighborhoods is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The Project Safe Neighborhoods’ strategy brings together all levels of law enforcement and community resources to reduce violent crime and improve the quality of life in all our neighborhoods.
This case is also 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. For more information about Project Guardian, please see https://go.usa.gov/xpBrs
This case was investigated by the Winnebago County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case was prosecuted by Assistant United States Attorneys Tim Funnell and Farris Martini.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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Milwaukee Woman Convicted of Unlawfully Possessing and Transferring a Firearm that was later recovered from a Convicted Felon and Shooting SuspectRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that after a court trial on January 14, 2020, U.S. District Judge JP Stadtmueller found Ayse E. Duncan (age: 32) guilty of Possessing a Firearm as an Unlawful User of Controlled Substances and Transferring a Firearm to an Unlawful User of Controlled Substances, in violation of Title 18, United States Code, Sections 922(d)(3) & (g)(3). Sentencing is scheduled for April 10, 2020. On each count, Duncan faces maximum penalties of ten years’ imprisonment, a $250,000 fine, and three years’ supervised release.
According to the trial evidence, Duncan bought a 9-mm pistol on December 9, 2018, from a federally licensed firearms dealer at a gun show in Waukesha, Wisconsin. At the time, Duncan was an unlawful user of crack cocaine, and was therefore prohibited under federal law from possessing a firearm. In completing the required ATF Form 4473 for the sale, Duncan falsely answered “no” when asked if she was an unlawful user of a controlled substance. Thereafter, in January 2019, Duncan transferred the pistol to her then-boyfriend, knowing that he was an unlawful user of crack cocaine and that he intended to give the pistol to the couple’s drug dealer to satisfy their drug debt. Duncan later learned from her boyfriend that he had, in fact, transferred the pistol to the drug dealer. Duncan’s boyfriend subsequently died from a drug overdose on August 7, 2019.
On August 14, 2019, Milwaukee police officers responded to a report of gunfire that was detected by the city’s automated ShotSpotter system. Upon arrival in the area, officers chased the suspected shooter as he ran away with a pistol in his hand. The suspect refused officers’ commands to drop the gun and turned toward them, raising the pistol. An officer reacted by firing at the suspect, who was struck and fell to the ground. The suspect was successfully treated for his injuries and is charged in Milwaukee County Circuit Court from the incident. The pistol recovered from the suspect was the same 9-mm pistol that Duncan had unlawfully purchased and transferred months earlier.
This case was prosecuted under the Project Safe Neighborhoods initiative. Project Safe Neighborhoods is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The Project Safe Neighborhoods’ strategy brings together all levels of law enforcement and community resources to reduce violent crime and improve the quality of life in all our neighborhoods.
This case is also 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. For more information about Project Guardian, please see https://go.usa.gov/xpBrs
This case was investigated by the Milwaukee Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case was prosecuted by Assistant United States Attorneys Tim Funnell and Farris Martini.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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Eleven People Charged in Federal Court with Heroin and Fentanyl Trafficking in the Milwaukee AreaRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced today that 11 defendants have been charged with conspiracy to distribute 100 grams or more of heroin and 40 grams or more of fentanyl in the Milwaukee area. Over one kilogram of fentanyl has been seized during the course of the investigation. If convicted of the heroin and fentanyl charges, each defendant faces a mandatory minimum term of 5 years in prison.
The defendants charged are:
Name
Age
ADOLFO REYES-FELICIANO.
26
JONATHAN ARANZAMENDI-MALDONADO
43
AZAHEL VELAZQUEZ-MELGOZA
22
BRIAN A. MELENDEZ-SANTIAGO
22
JOMUEL LOZANO-MARTINEZ
27
MALEK A. FARAKHNA
32
KENDELL R. NEWKIRK
24
ANGEL R. PADILLA-COLON
25
EDUARDO I. GUTIERREZ-ARMEDARIZ
36
EDUARDO DE JESUS ROBLES-CAMBRONERO
27
MARIO J. NAVARRO
21
On January 15, 2020, federal, state, and local law enforcement officers arrested ten of the defendants. Two of the arrested defendants were undocumented aliens from Mexico and subject to immediate removal. The officers also executed search warrants in Milwaukee resulting in the seizure of approximately 800 grams of black tar heroin, 200 grams of fentanyl, and one firearm.
“Fentanyl and heroin are extremely dangerous opioids that have led to numerous overdose deaths,” said United States Attorney Krueger in announcing the charges. “As these charges show, law enforcement is devoted to working collaboratively and aggressively to combat drug trafficking.”
“In 2019, fentanyl was the leading cause for overdose deaths in the City of Milwaukee. The DEA, along with our local, state, and federal partners have been and will continue to aggressively investigate and arrest those individuals who profit from the pain and suffering of others. Yesterday’s law enforcement operations are a shining example of this common goal to save lives and make our communities a safer place to live,” said DEA Milwaukee District Office Assistant Special Agent in Charge Paul E. Maxwell, Jr.
The defendants were charged based on a multi-year investigation led by law enforcement agents and officers from the Drug Enforcement Administration (DEA), the Internal Revenue Service-Criminal Investigations, the City of Kenosha Police Department, the City of Greenfield Police Department, and the City of West Allis Police Department. This case is being prosecuted by Assistant United States Attorney Mario Gonzales.
The public is cautioned that an indictment is merely a charge and the defendant is presumed innocent until and unless proven guilty.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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Tax Day 2020 Wednesday, April 15Read the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, issued a statement reminding all Wisconsin residents to file accurate tax returns as the deadline for filing federal income tax returns is Wednesday, April 15. Although the filing season is just beginning, the U.S. Attorney’s Office and the Internal Revenue Service’s Criminal Investigation Division work year round to protect the integrity of our nation’s tax system by investigating and prosecuting individuals who violate the tax laws.
“Each year, millions of honest Wisconsin residents dutifully pay a portion of their hard-earned income in taxes,” said United States Attorney Krueger. “They deserve to know that people who cheat on their taxes face serious consequences, including time in federal prison.”
“As we approach tax filing season, IRS Criminal Investigation wants to remind people to file accurate tax returns and to choose their tax preparers carefully,” said Kathy A. Enstrom, Special Agent in Charge of the Chicago Field Office. “IRS Criminal Investigation operates year round to protect the integrity of our system of taxation and investigates those who create elaborate schemes, such as identity fraud schemes to obtain fraudulent tax refunds or tax schemes that fail to report all forms of income on their tax returns. Taxpayers are encouraged to visit the IRS.gov website for tips on filing a tax return accurately and searching for a reputable return preparer.”
The following prosecutions over the second half of 2019 in the Eastern District of Wisconsin serve as a warning against filing a false or fraudulent tax return, and as a reminder to be wary of any schemes that would falsify income or deductions.
Richard J. Clark was sentenced on May 21, 2019 in federal court in Milwaukee to 14 months in prison, to be followed by three years of supervised release, and ordered to pay $213,000 in restitution to the IRS. Clark, who resided in Mukwonago, previously operated Foremost Realty, LLC, a real estate business that listed, maintained, and sold foreclosed property in southeastern Wisconsin. During the years 2008 – 2013, Clark, through his business, received approximately $1.6 million in commissions. Despite receiving these commissions, Clark filed tax returns that either listed $0 on all lines of the returns, reporting no income or tax obligations, or reported very minimal income and taxes. As a result, during the years 2008-2013, Clark evaded more than $400,000 in federal income taxes.
June 18, 2019 John Miller Ragland, who previously resided in Menomonee Falls, Wisconsin, appeared in federal court and pleaded guilty to attempting to evade his federal income taxes, in violation of 26 U.S.C. § 7201. Ragland operated a number of business ventures through which he acted as an independent sales representative in the United States and elsewhere, including Hong Kong, China. John Miller Ragland was sentenced in federal court to six months in prison, to be followed by one year of supervised released, and ordered Ragland to pay $1.4 million in restitution to the IRS.
Also in June Steven M. Rader of Muskego, Wisconsin, was sentenced to five months in federal prison for stealing more than $89,000 from the federal government via a tax evasion scheme that began in 2012. Rader was also ordered to pay more than $195,000 in restitution. Rader’s tax evasion scheme related to an entertainment business he owned and operated starting in 2012. Despite the fact that the business generated significant income, Rader failed to report any of that income on his federal tax returns for the years 2012 to 2014. In total, Rader understated his income by over $500,000 and underpaid his taxes by over $89,000. Radar also made significant efforts to conceal his tax evasion by filing false amended tax returns and lying to federal investigators about his sources of income.
On October 18, 2019 Lisa A. Radtke, of Appleton, Wisconsin, appeared in federal court in Green Bay and pleaded guilty to one count of wire fraud (18 U.S.C. §1343) and one count of tax evasion (26 U.S.C. § 7201). Based on her guilty pleas, Radtke faces up to 25 years in prison and fines of up to $500,000, or both. Radtke also agreed to make restitution to her former employer, which was the victim of her fraud, in the amount of $1.3 million, as well as to the Internal Revenue Service for the taxes she failed to pay, plus penalties and interest on these taxes, in the amount of $634,000. Radtke’s sentencing is scheduled for January 27, 2020, also in Green Bay.
Philip Kuehnl of Pleasant Prairie, WI, pleaded guilty in December 2019 to filing a false tax return and mail fraud. In 2015, Kuehnl was charged with 20 counts of Title 18, 1001 and 1341, and Title 26, 7206(1) filing a false tax return. He operated a medical device scheme from 2005 to April 2011 in which he fraudulent obtained more than $700,000 from customers who purchased medical devices falsely believing the devices were from legitimate medical supplier. He also substantially underreported and underpaid his federal income taxes for tax years 2007 through 2009. Kuehnl failed to report over $978,00 of income over a 3 year period and $290,000 in federal income taxes. Kuehnl was a fugitive. His sentencing is scheduled for January 26, 2020.
Ana Delia Dominguez Alvarez and Alberto Fernando Ramirez were indicted in 2017 on 23 charges of conspiracy, theft of government funds, and aggravated identity theft and both pleaded guilty in December 2019. They operated a tax fraud scheme from November 2010 to May 2017 in which they obtained ITIN numbers from individuals in Mexico and filed false federal tax returns using the ITIN numbers. They falsely claimed the additional tax child credit on tax returns. Ana Dominguez worked for a tax preparation business in which many of the fraudulent refund checks were sent to the business address. Alvarez and Ramirez received over $1,773 million worth of fraudulently obtained refund checks. Both are scheduled for sentencing May 1, 2020
Marcus Alvarez pleaded guilty in June 2019 to Title 18, USC 641- Public Money, property or records. Alvarez owned a check cashing establishment, El Punto, and aided and abetted others in cashing over $54 million of fraudulent tax refund checks. Alvarez admitted that he knew that the people bringing the tax refund checks into the check cashing business were running a fraudulent tax refund scheme in which they obtained documents from Mexico, fraudulent applied for ITIN numbers in the names of Mexican citizens, and then filed fraudulent tax returns using those ITIN numbers. His sentencing is scheduled for May 6, 2020.
Marina Andino is currently awaiting sentencing after pleading guilty to Title 18, USC 641. Public Money, property or records in December 2018. Andino started a tax preparation business in which she primarily prepared tax returns for non-resident aliens who claim dependents who do not live in the United States. Andino admitted that she stole $255,716 from the federal government by knowingly preparing fraudulent tax returns for others and cashing the fraudulent tax refunds for her own use. Sentencing is scheduled for May 19, 2020.
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TMJ & Orofacial Pain Treatment Centers of Wisconsin Agree to Pay $1 Million to Resolve False Claims Act AllegationsRead the Press Release
United States Attorney Matthew D. Krueger announced today that L.M.G., Inc., which does business as TMJ & Orofacial Pain Treatment Centers of Wisconsin, agreed to pay $1,000,000 to the United States to resolve allegations that TMJ & Orofacial Pain Treatment Centers of Wisconsin submitted false claims to Medicare and TRICARE for oral appliances used to treat temporomandibular joint disorder.
TMJ & Orofacial Pain Treatment Centers of Wisconsin operates four clinics in the Milwaukee area and specializes in the treatment of temporomandibular joint disorder. In their treatment of temporomandibular joint disorder, TMJ & Orofacial Pain Treatment Centers of Wisconsin and its dentists often prescribe oral appliances to stabilize or reposition the patient’s jaw. The United States alleges that TMJ & Orofacial Pain Treatment Centers of Wisconsin and its dentists did not fabricate the appliances, but rather purchased them from an outside laboratory that fabricated the appliances. The United States further alleges that TMJ & Orofacial Pain Treatment Centers of Wisconsin falsely billed Medicare and TRICARE for oral appliances under billing codes applicable to expensive prosthetic devices fabricated by surgeons, rather than other lower paying billing codes applicable to appliances fabricated by an outside laboratory.
“Medical providers cannot misrepresent the services they provide in order to increase their billings to government insurance programs,” stated United States Attorney Krueger. “This settlement makes the Medicare and TRICARE programs whole and sends a message to medical providers that false billings will not be tolerated.”
“When TMJ & Orofacial Pain Treatment Centers of Wisconsin submitted claims to Medicare, it promised that it actually provided the services it billed for. This settlement holds TMJ & Orofacial Pain Treatment Centers of Wisconsin to account for its promises,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General – Chicago Region. “The OIG will continue to work with our federal, state and local partners to protect vital taxpayer dollars.”
The government’s investigation resulted from a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act. Accordingly, the whistleblower will receive a share of the settlement amount. As part of the settlement, the government and the whistleblower will ask the district court to dismiss the whistleblower’s qui tam complaint.
Assistant United States Attorney Michael Carter represented the government in this matter, and the OIG and the Defense Criminal Investigative Service assisted in the investigation. The settlement agreement states allegations only; the defendants do not admit liability for the allegations.
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Two Indiana Men Sentenced to 10 years for Armed Robbery of Swan Serv-U PharmacyRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin announced on January 6, 2020, that Antonio Jamerson (age: 21) was sentenced to 124 months’ imprisonment and Elix Powell (age: 21) was sentenced to 120 months’ imprisonment for their involvement in the armed robbery of the Swan Serv-U Pharmacy.
The investigation revealed that Jamerson and Powell traveled from Indianapolis, Indiana, to Milwaukee, Wisconsin, arriving during the early morning hours of December 28, 2016. At approximately 9:15 a.m., the defendants, armed with a firearm, robbed the Swan Serv-U Pharmacy, in Wauwatosa, Wisconsin. At the sentencing, Judge J.P. Stadtmueller emphasized the extremely violent nature of the robbery, including the fact that the defendants physically restrained multiple victims.
“The United States Attorney’s Office will continue to prosecute and seek substantial prison sentences for anyone who uses a firearm to terrorize our communities,” said United States Attorney Krueger. “The lengthy sentences imposed here resulted from an outstanding collaborative law enforcement effort by the FBI’s Milwaukee Area Violent Crime Task Force, the Wauwatosa Police Department, and the Milwaukee County District Attorney’s Office.”
The Hobbs Act, passed by Congress in 1946, provides federal jurisdiction for cases involving violent criminals who commit armed robbery of businesses involved in interstate commerce. The U.S. Attorney’s Office and the District Attorney’s Office collaborate together to ensure that violent offenders are effectively prosecuted, making our communities safer for all.
This case was prosecuted under the Project Safe Neighborhoods initiative. Project Safe Neighborhoods is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The Project Safe Neighborhoods’ strategy brings together all levels of law enforcement and community resources to reduce violent crime and improve the quality of life in all our neighborhoods.
This case is also 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. For more information about Project Guardian, please see https://go.usa.gov/xpBrs
This case was prosecuted by Assistant United States Attorney Laura S. Kwaterski.
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