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3 April 2024
Fleeing felon sent to prison for firearm and methRead the Press Release
CORPUS CHRISTI, Texas – A 41-year-old Corpus Christi man has been ordered to federal prison following his convictions of possessing narcotics with the intent to distribute, being a felon in possession of a firearm and possessing firearms in furtherance of a drug trafficking crime, announced U.S. Attorney Alamdar S. Hamdani.
A federal jury sitting in Corpus Christi convicted Jason Ramirez May 10, 2022, following a two-day trial.
U.S. District Nelva Gonzales Ramos has now ordered Ramirez to serve 120 months in federal prison for being a felon in possession of a firearm and drug trafficking. He received an additional six-month sentence for possessing a firearm in furtherance of drug trafficking. The prison terms will run consecutively for a total 126-month sentence of imprisonment. The sentence will be immediately followed by five years of supervised release.
At trial, the jury heard that on Feb. 29, 2020, law enforcement pursued Ramirez after he failed to yield at a stop sign. He soon crashed into a concrete fountain at a local park and fled on foot. Shortly after, they discovered Ramirez in a nearby neighborhood and arrested him.
At the time of arrest, authorities discovered a pistol and meth in Ramirez’s vehicle. Upon searching his phone, law enforcement discovered messages related to the selling of drugs and pictures of Ramirez posing with the firearm.
The defense attempted to convince the jury that the gun and meth found in the car did not belong to Ramirez. However, the jury saw video evidence of Ramirez fleeing from the vehicle and footage showing the discovery of the weapon and narcotics. The jury did not believe those claims and found him guilty as charged.
Ramirez has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of the Drug Enforcement Administration and the Corpus Christi Police Department. Assistant U.S. Attorney John R. Lamont prosecuted the case.
Firearm smugglers sent to prison for illegally purchasing and transporting 21 pistols into MexicoRead the Press Release
LAREDO, Texas – Two Mexican nationals have been sentenced following their convictions of firearm smuggling, announced U.S. Attorney Alamdar S. Hamdani.
Sadir Arvizu Velazquez, 40, and his son, Sadir Arvizu Barcenas, 19, both Mexican citizens residing in Querétaro, Mexico, pleaded guilty Oct. 11, 2023.
U.S. District Judge John A. Kazen has now imposed a 52-month-term of imprisonment for Velazquez, while Barcenas received 37 months. Not U.S. citizens, they are expected to face removal proceedings following their sentences. In imposing the prison terms, Judge Kazen stated that some degree of planning was evident since the men traveled from Mexico to the United States for the specific purpose of violating federal laws.
On Nov. 5, 2022, the father and son duo flew to Dallas from Mexico City, Mexico, to enlist the assistance of James Mwangangi Kiilu, 22, Denton, to buy 21 semi-automatic pistols between Nov. 6, 2022, and Nov. 9, 2022. Kiilu agreed to purchase pistols in his name and falsely certify on federal forms that the pistols were only for him.
After purchasing the weapons, Kiilu delivered them to Velazquez and Barcenas.
On Nov. 9, 2022, authorities observed Kiilu, Velazquez and Barcenas loading the pistols into a secret compartment of a small compact car, a Chevrolet Spark, modified with a secret compartment to conceal the pistols. The men then disposed of the pistol boxes, bags and receipts. Law enforcement subsequently conducted traffic stops on Kiilu, who drove a rented SUV, and Velazquez who drove the Chevrolet Spark. Authorities found the pistols in the hidden compartment within the compact car.
Law enforcement seized the firearms which have since been forfeited to the United States.
On Feb. 1, U.S. District Judge Micaela Alvarez ordered Kiilu to serve 52 months in prison to be followed by three years of supervised release.
Velazquez and Barcenas will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future while Kiilu will remain on bond until ordered to self-surrender.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with assistance from the Laredo Police Department. Assistant U.S. Attorney Homero Ramirez prosecuted the case.
This case as part of the joint federal, state and local Project Safe Neighborhoods (PSN) Program. In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old, evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.
Essex County Man Convicted of Murder and Other Crimes for His Role as Leader of Sprawling Drug Trafficking OrganizationRead the Press Release
NEWARK, N.J. – An Essex County man was convicted today for ordering and committing three murders and for his role in a large-scale narcotics enterprise, U.S. Attorney Philip R. Sellinger announced.
Michael Healy, 43, of Montclair, New Jersey, was convicted by a federal jury of racketeering conspiracy, conspiracy to distribute narcotics, conspiring to murder a federal witness, three counts of murder in aid of racketeering, and related firearms offenses following a four-week trial before U.S. District Judge Michael E. Farbiarz in Newark federal court.
U.S. Attorney Philip R. Sellinger“Michael Healy ruthlessly ordered murders so that he could protect his narcotics operation and continue to sell large quantities of dangerous narcotics. He recruited men to kill someone he thought was an informant, and even when they killed the wrong person – a bystander – he ordered them to kill his target. He personally pulled the trigger on another victim. Healy’s brazen violence resulted in the senseless killing of three men and caused incredible danger to the community. He now faces multiple mandatory life sentences for his crimes, and the District of New Jersey is safer as a result. As this case demonstrates, my office will use every tool available to prosecute violent crime and ensure that those who endanger the community will face lengthy jail sentences.”
“Three families were forced to bury their loved ones because one man decided his warped kingdom of illicit drugs and dirty money meant more than their lives,” FBI – Newark Special Agent in Charge James E. Dennehy said. “Healy mercilessly ordered and hunted down those he believed could harm his criminal enterprise and lucrative relationship with the gangs and cartels, going so far as to pull the trigger himself on one of the victims. Justice has been served with this verdict, and Healy now faces a grim life in federal prison without any chance of parole.”
According to court documents and evidence presented at trial:
In February 2018, Healy found out that one of his conspirators in the drug trafficking enterprise (DTE) was cooperating with law enforcement by providing information about the drug enterprise. Healy ordered members of the Bloods in East Orange to kill the informant, referenced in the Indictment as “A.S.” On Feb. 3, 2018, outside the informant’s residence in Bloomfield, New Jersey, Healy’s conspirators shot and killed a bystander, referenced in the indictment as “Victim-1,” believing the bystander was the informant. Realizing they killed the wrong person, Healy ordered the Bloods to finish the job, and on March 12, 2018, in Bloomfield, the conspirators killed the informant while walking his dog in the area of his residence. On April 6, 2018, believing that another member of the enterprise – identified in the indictment as “J.C.” – might also pose a risk to the enterprise, Healy himself shot and killed “J.C.” in Newark.
Healy’s DTE operated in and around Newark beginning in approximately 2012. Between 2003 and 2012, Healy became a member of the Tree Top PIRU set of the Bloods street gang in Maryland. In and around 2012, Healy formed and led the Healy DTE, a large and sophisticated drug distribution organization that obtained, transported and distributed large amounts of cocaine, heroin, fentanyl and marijuana. Healy used his leadership status in the Tree Top PIRU Bloods to assist him with obtaining suppliers, recruiting and controlling enterprise members, and otherwise conducting the Healy DTE’s operations.
The Healy DTE transported multi-kilogram quantities of controlled substances from California to New Jersey by various means, including private aircraft, vehicles with hidden secret compartments, and the U.S. Postal Service. The Healy DTE then processed and repackaged the controlled substances at various “stash houses” in New Jersey. The Healy DTE distributed some of the controlled substances in New Jersey, including through Bloods gang members in East Orange.
Thomas Zimmerman, Tyquan Daniels, and Ali Hill – all members of the Brick City Brims subset of the Bloods street gang in East Orange – previously pleaded guilty to racketeering conspiracy for their respective roles in the murders of Victim-1 and A.S. Zimmerman was sentenced to a 37-year term of imprisonment; Daniels was sentenced to a 35-year term of imprisonment; and Hill was sentenced to a 25-year term of imprisonment. In addition, on Feb. 22, 2024, Leevander Wade pleaded guilty to racketeering conspiracy for his roles in all three murders. His sentencing is scheduled for June 25, 2024.
The counts of racketeering conspiracy, murder in aid of racketeering, discharge of a firearm resulting in death, and conspiracy to murder a federal witness are all punishable by a maximum of life in prison and a $250,000 fine. The counts of use of a firearm in furtherance of violent crime are punishable by a mandatory minimum of 10 years in prison, a maximum of life in prison, and a $250,000 fine. The count of conspiracy to distribute controlled substances is punishable by a mandatory 10 years in prison, a maximum of life in prison and a $10 million fine. Sentencing is scheduled for Oct. 1, 2024.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of special agent in charge James E. Dennehy in Newark; the Newark Police Department, under the direction of Public Safety Director Fritz G. Fragé; the Essex County Prosecutors Office; the Union County Prosecutor’s Office, the East Orange Police Department; the Montclair Police Department, the Maryland Department of Public Safety and Correctional Services, Intelligence and Investigative Division, under the direction of Secretary Robert Green; the Ohio State Highway Patrol, under the direction of Colonel Charles A. Jones.
The government is represented by Senior Trial Counsel Robert L. Frazer and Assistant U.S. Attorney Samantha C. Fasanello.
El Salvadoran National Sentenced to 2 Years in Prison for Illegally Reentering the U.S.Read the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that SALVADOR HERRERA MORALES, 30, a citizen of El Salvador last residing in East Hartford, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 24 months of imprisonment for illegally reentering the United States after being deported.
According to court documents and statements made in court, in March 2014, Herrera Morales stabbed a victim in East Hartford. In August 2015, he was convicted in state court of assault in the first degree and sentenced to seven years of incarceration. After serving his sentence, Herrera Morales was removed to El Salvador in April 2021. In 2022, he illegally reentered the U.S.
In April 2022, Herrera Morales was arrested by East Hartford Police following an incident at a bar where he was intoxicated, punched a security guard, and kicked and shattered a glass door. In June 2022 he was sentenced in state court of criminal mischief and received a sentence of 364 days of imprisonment, execution suspended, and one year of probation.
In April 2023, East Hartford Police arrested Herrera Morales for disorderly conduct, assault in the third degree, risk of injury to a child, and threatening in the second degree. These state charges are pending.
Herrera Morales has been detained since his federal arrest on April 26, 2023. On January 9, 2024, he pleaded guilty to illegal reentry.
This matter was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement. The case was prosecuted by Assistant U.S. Attorney Robert S. Dearington.
Eighteen Members and Associates of Clarksville Mongols Motorcycle Gang SentencedRead the Press Release
NASHVILLE – James Hines, 47, one of eighteen members and associates of the Clarksville chapter of the Mongols Motorcycle Club who were federally prosecuted for RICO conspiracy, murder, kidnapping, large-scale drug trafficking, money laundering, and other crimes, was sentenced to 10 years and 10 months in federal prison today, announced Henry C. Leventis, United States Attorney for the Middle District of Tennessee. All of the defendants’ crimes stemmed from their involvement with the Clarksville Mongols. Hines was the last remaining defendant to be sentenced.
“Today’s sentence concludes a multi-year, coordinated effort by federal, state, and local law enforcement, our office, and the Justice Department’s Criminal Division to address some of the worst organized criminal activity we have seen in Middle Tennessee,” said Henry C. Leventis, United States Attorney for the Middle District of Tennessee. “As a result of that outstanding work, our communities are safer and multiple violent criminals are being held to account for their actions. I am grateful for the efforts of everyone involved in this remarkable investigation and prosecution.”
According to court documents and evidence presented at trial, the Clarksville Mongols were a violent motorcycle gang affiliated with the Mongols Motorcycle Club, an international organization that identifies as an "outlaw" motorcycle gang, meaning its members define themselves as within the "1%" of motorcycle clubs who do not adhere to the law or the rights of others. Sayings like, "Respect Few, Fear None" and "Live Mongol Die Mongol" represent their cut-throat attitude and they identify themselves with vests, patches, tattoos, and insignia identifying their connection to the Mongols.
In early 2015, some of the defendants sought to transition from another motorcycle club and establish the Clarksville Mongols because, at the time, the Mongols did not occupy or claim any territory in Tennessee. As a show of loyalty and to gain favor with the Mongols, those individuals committed a drive-by shooting and burned down the Sin City Motorcycle Club's clubhouses in Clarksville and Nashville, Tennessee. These initial violent acts were designed to curry favor with the Mongols and paved the way for the Clarksville Mongols to obtain a firm foothold in Tennessee.
One of the earliest and most violent acts committed by the Clarksville Mongols occurred on May 22, 2015, with the kidnapping and murder of Victim 1, a young mother. The Clarksville Mongols believed Victim 1 had stolen narcotics, money, and firearms, had knowledge about the theft of such items, and had been speaking negatively to others about the Clarksville Mongols. On the day of her murder, the Clarksville Mongols kidnapped Victim 1 at gunpoint then drove her to an area behind a secluded cemetery where they shot her numerous times and killed her. Victim 1’s body was recovered almost 15 months after she was murdered.
These acts marked the beginning of the Clarksville Mongols -- an enterprise that engaged in a pattern of racketeering activity from 2015 through 2018. During that time, in order to enrich the Mongols and to maintain control of the Mongols' new territory in Tennessee, the Clarksville Mongols engaged in a pattern of violent criminal activity, including murder, attempted murder, kidnapping, assaults, narcotics trafficking, robbery, extortion, money laundering, witness tampering, and various firearms offenses. In an effort to establish themselves as the area’s dominant motorcycle club, members and associates of the Clarksville Mongols also participated in large-scale drug-trafficking and money-laundering activities with the help of Mongols members from California who supplied the Clarksville Mongols with more than 50 pounds of almost 100% pure methamphetamine worth approximately $1 million for distribution in and around Tennessee and Kentucky.
The Clarksville Mongols' violent conduct culminated in the kidnapping and murder of Victim 2, a former Clarksville Mongol. During the early morning hours of November 19, 2017, they kidnapped Victim 2 and took him to another member's house where they held Victim 2 hostage, used zip ties to restrain him, and viciously beat, tortured, and interrogated him for hours, causing him to suffer 3 fractured vertebrae in his neck, five fractured ribs, blunt force trauma to his head, and a broken eye socket. One member told another that they beat Victim 2 so bad that his flesh was falling off his face. They ultimately murdered Victim 2 by driving a 10-inch tent stake through his head. They buried Victim 2's body in a secluded field behind an abandoned residence. Victim 2's body was recovered almost a year later.
The sentences are as follows:
James Wesley Frazier, age 36, was sentenced to Life plus 30 years in federal prison;
Aelix Santiago, age 35, was sentenced to 40 years in federal prison;
Kyle Heade, age 37, was sentenced to 9 years in federal prison;
Joel Aldridge, age 43, was sentenced to 25 years in federal prison;
James Hines, age 47, was sentenced to 10 years and 10 months in federal prison;
Michael Forrester, Jr., age 35, was sentenced to 17 ½ years in federal prison;
Jamie Hern, age 44, was sentenced to 30 years in federal prison;
Robert Humiston, age 31, was sentenced to 8 years and 4 months in federal prison;
Michael Myers, age 40, was sentenced to 7 years in federal prison;
Michael Levi West, age 41, was sentenced to 9 years in federal prison;
Adrianna Miles, age 28, was sentenced to 7 years in federal prison;
Derek Leighton Stanley, age 49, was sentenced to 18 ½ years in federal prison;
William Boylston, age 33, was sentenced to Life plus 7 years in federal prison;
Jason Meyerholz, age 49, was sentenced to Life plus 7 years in federal prison;
Christopher Michael Wilson, age 41, was sentenced to 15 years in federal prison;
Jessie Marie Decker, age 38, was sentenced to time served;
Janie Lee, age 28, was sentenced to 6 years and 8 months in federal prison; and
Christian Dykes, age 35, was sentenced to time served.
The Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Clarksville Police Department, the Tennessee Bureau of Investigation, and the Kentucky State Police investigated the case.
Assistant U.S. Attorneys Kathryn Risinger and Chris Suedekum for the Middle District of Tennessee and Trial Attorney Matthew Mattis with the Justice Department’s Violent Crime and Racketeering Section prosecuted the case.
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Eight Bronx Men Charged for Participation in Beer Theft EnterpriseRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York; James E. Dennehy, Special Agent in Charge of the Newark Field Office of the Federal Bureau of Investigation (“FBI”); Edward T. Cetnar, Superintendent of Police and Director of Public Safety of the Port Authority of New York and New Jersey (“PANYNJ”); and Sean Douris, the Chief of Police, Public Safety, and Infrastructure Protection at CSX, announced today the unsealing of a seven-count Indictment charging JOSE CESARI, a/k/a “Cry,” MIGUEL CINTRON, LUIS IZQUIERDO, a/k/a “Luis Zapata,” WAKIEM JOHNSON, a/k/a “Waka,” KEMAR BONITTO, DEYLIN MARTINEZ-GUERRERO, ANTONIO GONZALEZ, and JUSTIN BRUNO with crimes arising from their participation in a multi-year scheme to steal beer — primarily Corona and Modelo shipped from Mexico — from railroad cars and beverage distribution facilities located throughout the Northeast, including in Connecticut, Massachusetts, New Jersey, and New York (the “Beer Theft Enterprise”). Six defendants were arrested today and will be presented this afternoon before U.S. Magistrate Judge Robyn F. Tarnofsky. CESARI remains at large, and BONITTO is in state custody in Connecticut. The case is assigned to U.S. District Judge Edgardo Ramos.
U.S. Attorney Damian Williams said: “For years, the Beer Theft Enterprise has operated brazenly, allegedly breaking into railyards and beverage distribution facilities throughout the Northeast and filling U-Haul box trucks to the brim with cases of beer. That dangerous and disruptive conduct — sometimes allegedly accompanied by the threat of violence — has left several beverage distribution and railroad companies ailing. Today’s arrests reinforce that the Beer Theft Enterprise’s staggering thefts will not be tolerated in the Southern District of New York.”
FBI Special Agent in Charge James E. Dennehy said: “Train heists harken back to the days of the Wild West and gunslingers riding horses, stealing loot from rail cars. The romanticized image has nothing to do with the modern-day criminals we allege took part in a theft ring in New Jersey, New York, and beyond that targeted railyards and beverage distribution centers. They used the cover of night to cut through fencing, off-load pallets of beer, and sold off the stolen goods, costing the victims’ companies hundreds of thousands of dollars. The alleged ringleader Cesari often used a weapon during the robberies. Our team of agents and investigators working on this case has done an outstanding job bringing these alleged thieves' crime spree to the end of the line.”
PANYNJ Superintendent of Police and Director of Public Safety Edward T. Cetnar said: “These brazen thefts result in millions of dollars of lost revenue every year, directly affecting the regional economy and everyone’s safety. The cooperative efforts of law enforcement in this case show our focus on securing our facilities and bringing perpetrators to justice.”
CSX Chief of Police, Public Safety, and Infrastructure Protection Sean Douris said: “CSX is committed to protecting the safety of its property and that of its customers. We take criminal activity very seriously. Railyards are privately owned property and unauthorized activity is considered criminal trespassing and violators will be prosecuted. CSX appreciates the valuable partnerships we have with federal and local law enforcement agencies in New York, and across our network, who are crucial when it comes to investigating incidents and prosecuting individuals responsible for theft.”
According to the allegations in the Indictment:[1]
Between in or about July 2022 and in or about March 2024, the Beer Theft Enterprise carried out dozens of beer thefts throughout the Northeast, which cumulatively resulted in losses to certain beverage distribution companies of at least hundreds of thousands of dollars.
In a typical theft, the Beer Theft Enterprise operated under cover of night. At least some of the members of the Enterprise working that night assembled in the Bronx before travelling to that night’s target railyard or beverage distribution facility. Typically, one or more members working that night drove a vehicle — often a U-Haul box truck — to the target location to be filled with cases of stolen beer. After arriving at the railyard or beverage distribution facility, members of the Enterprise commonly gained unauthorized access by cutting a hole in the fencing surrounding the location. When stealing from a railyard, members frequently cut the lock to railroad cars containing sealed pallets of cases of beer — usually Corona or Modelo — then unsealed the pallets and transported the cases of beer to their waiting vehicles. Generally, they transported the stolen beer to the Bronx, where it was inspected and made available for sale. The participating members of the Beer Theft Enterprise were usually paid hundreds of dollars for the night’s work after assisting in a beer theft.
As a leader of the Beer Theft Enterprise, CESARI was often present during these robberies. Sometimes, during a particular beer theft, CESARI used a police scanner to monitor potential police activity. In addition to participating in many of the Enterprise’s raids over the course of the conspiracy, CESARI sometimes sought to recruit new members to the conspiracy with promises of monetary gain.
CINTRON, IZQUIERDO, JOHNSON, BONITTO, MARTINEZ-GUERRERO, GONZALEZ, and BRUNO were members of the Beer Theft Enterprise. These defendants participated in certain thefts perpetrated by the organization by, for example, renting or driving vehicles that were used in particular thefts, helping plan or execute particular thefts by communicating with CESARI, and otherwise assisting in particular thefts.
* * *
A chart containing the names, ages, charges, and minimum and maximum penalties for the defendants is set forth below.
The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the FBI, the PANYNJ, and the CSX Police Department.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Joseph H. Rosenberg is in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Count
Charge
Defendants
Min. and Max. Penalties
1
Conspiracy to steal from interstate or foreign shipments by carrier, and to break and enter carrier facilities with intent to commit larceny therein
CESARI, 27; CINTRON, 32;
IZQUIERDO, 40; JOHNSON, 31;
BONITTO, 38; MARTINEZ-GUERRERO, 28;
GONZALEZ, 33; and
BRUNO, 23
Maximum sentence of five years in prison
2
Theft from interstate or foreign shipments
CESARI, CINTRON,
IZQUIERDO, and
JOHNSON
Maximum sentence of 10 years in prison
3
Theft from interstate or foreign shipments
CESARI, BONITTO,
and GONZALEZ
Maximum sentence of 10 years in prison
4
Theft from interstate or foreign shipments
CESARI and
BRUNO
Maximum sentence of 10 years in prison
5
Conspiracy to commit Hobbs Act robbery
CESARI
Maximum sentence of 20 years in prison
6
Hobbs Act robbery
CESARI
Maximum sentence of 20 years in prison
7
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence
CESARI
Mandatory minimum consecutive sentence of seven years in prison
Maximum sentence
of
life in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Durant Resident Sentenced for Federal Firearms CrimeRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Bobby William Wells, Jr., age 33, of Durant, Oklahoma, was sentenced to 70 months in prison for being a Felon in Possession of Ammunition.
The charges arose from an investigation by the Durant Police Department, the Southeastern Oklahoma State University Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation.
On June 8, 2023, Wells pleaded guilty to one count of Felon in Possession of Ammunition. According to court documents, Wells admitted to having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and to possessing ammunition despite knowing he was prohibited from doing so.
The Honorable Ronald A. White, Chief Judge in the United States District Court for the Eastern District of Oklahoma presided over the hearing. Wells will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Richard J. Lorenz represented the United States.
District Man Arrested in Armed Carjacking from January 2024Read the Press Release
WASHINGTON – Marquis Derby, 19, of Washington, D.C., was arrested yesterday and charged by complaint with armed carjacking and possession of a firearm during the commission of a crime of violence, announced U.S. Attorney Matthew M. Graves and Chief Pamela A. Smith, of the Metropolitan Police Department (MPD). On April 2, 2024, Magistrate Judge Eric Glover found probable cause for these offenses and ordered that Derby remain held pending a preliminary hearing on April 5, 2024.
According to the arrest warrant, on January 12, 2024, Derby and an unidentified individual carjacked a construction worker at gunpoint when the victim, who was working on a job site in Northeast Washington, D.C., went to retrieve equipment from his truck. As the victim reached into his truck, Derby pressed a firearm into the victim’s back and took the victim’s phone out of his pocket. Derby then demanded that the victim unlock his phone. As he was doing so, a second, unidentified accomplice punched the victim several times in the face and took the victim’s keys. Derby took the victim’s phone and got into an SUV as the unidentified accomplice got into the victim’s truck. When the accomplice was unable to start the victim’s truck, he got into the SUV with Derby, and the two men drove off together.
This case is being investigated by the Metropolitan Police Department’s Carjacking Taskforce. It is being prosecuted by Assistant U.S. Attorney Will Lawrence.
A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
District Man Arraigned on Armed Carjacking IndictmentRead the Press Release
WASHINGTON – Elijah Montgomery, 19, of Washington, D.C., was arraigned today on an indictment charging him with armed carjacking and other charges arising out of an October 12, 2023 incident near the corner of Galloway Street and Sargent Road NE, announced U.S. Attorney Matthew M. Graves and Chief Pamela A. Smith of the Metropolitan Police Department (MPD).
A Superior Court grand jury returned the eight-count indictment charging Montgomery with armed carjacking, armed robbery, two counts of possession of a firearm during a crime of violence, unauthorized use of a motor vehicle during a crime of violence, fleeing, destruction of property, and first-degree theft. The Honorable Judge Di Toro denied the government’s request that Montgomery be held pending trial, and ordered him released to home confinement pending trial.
According to court documents, on October 12, 2023, Montgomery was driving a stolen Kia Rio with a punched ignition when he pulled up next to and blocked in the victim, who was seated in the driver’s seat of his parked vehicle. Two passengers exited the Kia Rio, one of whom pointed a handgun at the victim, and demanded the victim’s cell phone and car keys. The unarmed assailant returned to the Kia Rio and the gunman entered the victim’s car, before fleeing together in the same direction. The vehicles were quickly identified 15 minutes later by the MPD’s Violent Crime Robbery Suppression Unit’s police cruisers and overhead helicopter. Montgomery, who was driving the stolen Kia Rio, fled from police, crashing it in the 2500 block of Benning Road NE. He was apprehended after a brief foot chase. The carjacked vehicle was stopped in Maryland shortly thereafter. At the time the vehicle was stopped, it was being operated by a 13-year-old juvenile.
This case is being investigated by the Metropolitan Police Department. It is being prosecuted by Assistant U.S. Attorney Gregory Gimenez.
Denver Man Sentenced to more than 19 Years’ Imprisonment for Narcotics ChargeRead the Press Release
United States Attorney Susan Lehr announced on April 3, 2024, Jesus Villanueva, 26, of Denver, Colorado, was sentenced in federal court in Omaha, Nebraska, after having pled guilty to possession with intent to distribute methamphetamine and fentanyl. United States District Court Judge Brian C. Buescher sentenced Villanueva to 235 months’ imprisonment. After completing his term of imprisonment, Villanueva will be required to serve a 5-year term of supervised release. There is no parole in the federal system.
On March 4, 2023, a Seward County Deputy Sheriff conducted a traffic stop on a white 2021 Chevrolet Tahoe traveling eastbound, near mile marker 382 on Interstate-80. The driver of the Tahoe was identified as codefendant Fausto Antonio Castro-Mendoza. Jesus Villanueva was identified as the front seat passenger. During the course of the traffic stop, the Deputy observed a marijuana product and subsequently searched the Tahoe discovering 43 packages of meth weighing approximately 44 pounds, and 1 package of fentanyl pills weighing approximately 2 pounds.
During a post arrest interviews both Castro-Mendoza and Villanueva admitted transporting the meth and fentanyl pills from Denver, Colorado, to Omaha, Nebraska, and that each was being paid to do so.
Castro-Mendoza has pled guilty to the same narcotics charge and is scheduled to be sentenced on April 17, 2024.
This case was investigated by the Seward County Sheriff’s Office and the Drug Enforcement Administration.
Dauphin County Man Charged with Stealing 13 Firearms from Licensed Firearms DealerRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Edwin Rojas Cordova, age 20, of Harrisburg, Pennsylvania, was indicted by a federal grand jury on a charge of stealing firearms from a licensed dealer.
According to United States Attorney Gerard M. Karam, the indictment alleges that on December 27, 2022, Cordova stole 13 firearms from a licensed firearm dealer located in Mechanicsburg, Pennsylvania.
The case was investigated by the ATF. Assistant U.S. Attorney Joseph J. Terz is prosecuting the case.
The maximum penalty under federal law for this offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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D.C. Woman Arrested on Carjacking ChargeRead the Press Release
WASHINGTON – Auzsa Beatty, 28, of Washington, D.C., was arrested and charged with a carjacking that occurred on the evening of March 11, 2024, in Northeast D.C., announced U.S. Attorney Matthew M. Graves.
Beatty made her initial appearance before Superior Court Magistrate Judge Renee Raymond, on March 21, 2024, where Judge Raymond found probable cause that Beatty committed the offense of carjacking and ordered that Beatty be held without bond pending trial. The United States is still investigating Beatty’s armed accomplice.
According to court documents, Beatty was a passenger in a car driven by her male accomplice. After her accomplice ran a stop sign and struck the victim’s vehicle, Beatty got out of the car. When the victim got out of his car, Beatty’s accomplice displayed a firearm, causing the victim to retreat from his door. Beatty then got in the driver’s seat of the victim’s vehicle and drove off. Police later recovered the car parked near Beatty’s home.
This case is being investigated by the Metropolitan Police Department and prosecuted by the U.S. Attorney’s Office for the District of Columbia.
Charges are merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Convicted elderly sex offender heads to prison for next decadeRead the Press Release
HOUSTON – A 74-year-old Kingwood resident has been sentenced for possessing and watching sexually explicit material involving minors over a web video meeting, announced U.S. Attorney Alamdar S. Hamdani.
Stephen Philip Keller pleaded guilty Nov. 27, 2023, to one count of accessing with intent to view child pornography and one count of possession of child pornography. At the time of the plea, the court heard that Keller is a repeat offender against minors. He was convicted in 2001 for criminal solicitation of a minor.
U.S. District Judge Andrew S. Hanen has now ordered Keller to serve two 120- month prison terms concurrently for the accessing with intent to view and possession of child pornography convictions. Keller was further ordered to serve 15 years on supervised release following completion of his prison term. During that time, he will have to comply with numerous requirements designed to restrict his access to children and the internet. Keller is also a registered sex offender and will continue to be so following his sentence.
In March 2021, Keller logged into in a web video meeting which included more than 20 minutes of child pornography videos. The investigation identified Keller as one of several participants in the meeting.
In February 2022, law enforcement executed a search warrant at Keller’s residence. At that time, he admitted to participating in more than five web video meetings which involved the streaming of child pornography. Keller also admitted to receiving child pornography through encrypted messaging apps on his cellphone.
Authorities also conducted a forensic investigation and discovered several illicit images of minors on Keller’s phone.
Keller will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
FBI conducted the investigation with the assistance of Harris County Precinct 4 Constable’s Office.
Assistant U.S. Attorney Stephanie Bauman prosecuted the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.
Convicted Felon Sentenced to Five Years for Ammunition OffenseRead the Press Release
BOSTON – A previously convicted felon was sentenced on March 29, 2024, for illegally possessing ammunition in connection with a January shooting in a residential neighborhood of Everett.
Luis Rivera, 26, of Medford, was sentenced by U.S. District Court Judge Indira Talwani to five years in prison and three years of supervised release. In January 2024, Rivera pleaded guilty one count of being a felon in possession of ammunition.
On the afternoon of Jan. 2, 2022, three individuals fired over 20 shots in an Everett neighborhood, during which multiple houses were struck by stray bullets. Rivera was identified as one of the shooters. Rivera is prohibited from possessing firearms and ammunition due to prior convictions.
Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Feld Division; Everett Police Chief Steven A. Mazzie; and Chelsea Police Chief Keith Houghton made the announcement. Assistant U.S. Attorney Sarah Hoefle of the Organized Crime & Gang Unit prosecuted the case.
Convicted Felon Pleads Guilty to Trafficking FentanylRead the Press Release
MACON, Ga. – A convicted felon with two prior federal drug distribution convictions pleaded guilty to fentanyl trafficking and faces up to 40 years in prison for his crime.
Antonio Whitehead, 36, of Macon, Georgia, pleaded guilty to possession with intent to distribute fentanyl before Chief U.S. District Judge Marc Treadwell on April 3. Whitehead faces a maximum sentence of 40 years in prison and a $5,000,000 fine. The sentencing and revocation hearing is June 5. The defendant is not eligible for parole.
“Fentanyl kills, pure and simple. Those who choose to traffic this deadly drug into our communities will be held accountable,” said U.S. Attorney Peter D. Leary. “Our office will do everything we can to support our law enforcement partners’ efforts to rid our communities of fentanyl and make them safer for everyone.”
“Despite previous convictions, Whitehead continued to plague our communities with fentanyl, fueling the deadliest drug epidemic our country has ever seen,” said Robert Gibbs, Senior Supervisor Resident Agent of FBI Atlanta’s Macon office. “This conviction demonstrates the FBI’s commitment to work diligently along with our local and federal partners to investigate and remove the leaders of these drug trafficking operations from our streets.”
According to court documents, Whitehead was under supervised release for two prior federal drug distribution convictions in the Southern District of West Virginia when the car he was traveling in was stopped for multiple violations on Georgia Highway 401 by a Monroe County Sheriff’s Office deputy conducting traffic enforcement on Feb. 20, 2023. The officer smelled drugs and the driver had a suspended license. In addition, both the driver and Whitehead, who was a passenger, made inconsistent statements. As backup arrived, and a probable search was being conducted on the vehicle, Whitehead ran to the driver’s seat and attempted to drive away. An officer shot out the rear tires of the vehicle to prevent a high-speed chase and the defendant was arrested. Inside the vehicle, officers located a suitcase which contained plastic bags filled with 207 grams of fentanyl, 554 grams of methamphetamine and 101 grams of cocaine. Whitehead also had several bags of marijuana and a bag of fentanyl on him. Whitehead told officers the driver had nothing to do with the found drugs.
The case was investigated by the Monroe County Sherriff’s Office and the FBI.
Deputy Criminal Chief Will Keyes is prosecuting the case for the Government with support from Assistant U.S. Attorney Monica Daniels.
Concord Resident Charged with Assaulting A DEA Officer with A Deadly Weapon and Other CrimesRead the Press Release
OAKLAND – A federal grand jury has charged two defendants with various crimes, including one defendant with extortion and assaulting a federal officer with a deadly weapon, announced United States Attorney Ismail J. Ramsey; Drug Enforcement Administration (DEA), San Francisco Field Division, Special Agent in Charge Brian M. Clark; Federal Bureau of Investigation (FBI) Special Agent in Charge Robert K. Tripp; IRS Criminal Investigation (CI) Acting Special Agent in Charge Michael Mosley of the Oakland Field Office; and San Francisco Division Postal Inspector in Charge Rafael Nuñez.
The superseding indictment—which was returned by a federal grand jury on March 26, 2024, but unsealed today—charges Joel Dowen, 44, of Concord, California, with one count each of mailing threatening communications with intent to extort, in violation of 18 U.S.C. § 876(b), and assaulting a federal officer with a deadly weapon, in violation of 18 U.S.C. § 111(b). The indictment also charges Micah-Luc Almeida, 45, of San Francisco, California, with one count of possession with intent to distribute 3,4-Methylenedioxyamphetamine, commonly known as MDA, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). And it charges Dowen and Almeida together with one count of conspiracy to manufacture, distribute, or possess with intent to distribute MDA, in violation of 21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(C). Dowen had originally been indicted on one count of mailing threatening communications with intent to extort, in violation of 18 U.S.C. § 876(b), on January 9, 2024.
“We will protect our federal law enforcement partners when someone harms or threatens them merely for doing their jobs,” said United States Attorney Ismail J. Ramsey. “The defendants here are charged with serious crimes, and I am proud of the work being done by this Office to bring them to justice and safeguard everyone in the Northern District of California, including those sworn to protect us all.”
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Dowen faces a maximum statutory sentence of 20 years in prison on each of the three charges against him. Almeida faces the same statutory maximum sentence of 20 years in prison on each of the two charges on which he has been indicted. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Dowen’s next court appearance is scheduled for May 3, 2024, before the Honorable Jon S. Tigar, United States District Judge for the Northern District of California. Dowen has been in federal custody since his arrest on January 17, 2024, and has been ordered detained pending trial. Almeida’s initial court appearance is scheduled for April 4, 2024, before the Honorable Kandis A. Westmore, United States Magistrate Judge for the Northern District of California.
This prosecution is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Assistant United States Attorney Dan Karmel is prosecuting these cases with the assistance of Sara Slattery and Andy Ding. These prosecutions are the result of an investigation by the DEA, FBI, CI, and United States Postal Inspection Service, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives; San Francisco Homeland Security Investigations; and United States Customs and Border Protection.
Columbia Man Pleads Guilty to Drug ChargesRead the Press Release
COLUMBIA, S.C. —Lontre Jason Wise, 51, of Columbia, has pleaded guilty to possession with the intent to distribute both crack cocaine and marijuana.
Evidence obtained in the investigation revealed that the Columbia Police Department Organized Crime and Narcotics Unit received an anonymous complaint in reference to the sale of illegal narcotics at a residence located on House Street. The complainant stated there was constant foot and vehicle traffic at the residence, which people were only observed being at the residence for minutes at a time. Based on the information provided from the complainant, a confidential informant was sent to the residence on two different occasions to purchase marijuana. During both occasions, the confidential informant purchased the marijuana from Wise. Based on the complaint and controlled purchases, a search warrant was obtained for the residence.
Columbia Police Department officers executed the search warrant for the residence. During the search, the police located Wise and four others within the residence. Wise was immediately taken into custody on arrest warrants for the distribution of marijuana. Wise was searched and the police found a clear container containing crack cocaine on him.
During the search of the residence, a black book bag was located on the couch. The book bag was searched and contained a large clear plastic bag of marijuana. The police also found a 9mm handgun and a .38 caliber revolver in the book bag.
The police also located a safe underneath the couch with a black pouch inside of it. The pouch contained pieces of crack cocaine, Wise’s South Carolina driver’s license, social security card, debit card, and $3,430 in cash. Wise told the officers that the safe was his. There were multiple hand-rolled cigars containing marijuana found throughout the living room of the residence and a plate on the couch in the living room that also contained marijuana.
Wise faces a maximum penalty of 20 years in federal prison. He also faces a fine of up to $1,000,000 and three years of supervision to follow the term of imprisonment. United States District Judge Joseph F. Anderson, Jr. accepted the guilty plea and will sentence Wise after receiving and reviewing a sentencing report prepared by the U.S. Probation Office.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Columbia Police Department’s Organized Crime and Narcotics Unit. Assistant U.S. Attorney William K. Witherspoon is prosecuting the case.
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Clay County Man Charged with ‘Stolen Valor’ and Benefits FraudRead the Press Release
BEMIDJI, Minn. – A Dilworth, Minnesota man has been charged in a scheme to defraud the United States Department of Veterans Affairs by falsely claiming to have been a decorated veteran, announced U.S. Attorney Andrew M. Luger.
According to court documents, from 2015 through 2020, Mikhail Robin Wicker, 37, carried out a scheme to obtain benefits provided by the United States Department of Veterans Affairs (“VA”) by fraudulently claiming himself to be a decorated veteran of the United States Marine Corps, and falsely claiming that he suffered from combat-related injuries that qualified him for disability and other financial benefits.
According to court documents, as part of the scheme, Wicker falsely claimed that he had served in the United States Marine Corps and that he had been a prisoner of war during deployment in Iraq in 2005. Wicker also claimed that he suffered from Post Traumatic Stress Disorder and other injuries from an improvised explosive device attack while he served in Iraq. Wicker submitted forged and falsified documents in support of his benefits application to the VA including a fraudulent DD214 Certificate of Discharge, and a false document purporting to be a Purple Heart certificate. As a result, Wicker received more than $100,000 in veterans’ benefits which he was not entitled to because he had never served in the military.
Wicker is charged with one count of wire fraud, one count of false military discharge certificate, one count of fraudulent use of military medals, and one count of theft of government funds. Wicker made his initial appearance today in U.S. District Court before Magistrate Judge Jon T. Huseby.
This case is the result of an investigation conducted by the Department of Veterans Affairs, Office of Inspector General, the Department of Defense, Office of Inspector General, and the Social Security Administration, Office of the Inspector General, with assistance from Homeland Security Investigations and the Dilworth Police Department.
Assistant U.S. Attorneys Lindsey E. Middlecamp and Hillary A. Taylor are prosecuting the case.
An indictment is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
wicker_indictment.pdfCity of Jackson to Receive Additional Assistance from the U.S. Department of Justice to Improve Investigations of Violent Crimes Committed with FirearmsRead the Press Release
Jackson, Miss. – The City of Jackson, Mississippi will receive additional federal assistance to investigate violent crimes committed with firearms.
Specifically, this month the DOJ’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) New Orleans Field will be deploying a National Integrated Ballistic Information Network (NIBIN) mobile unit to Jackson that will assist law enforcement agencies in Jackson and throughout the Southern District of Mississippi with investigating crimes committed with firearms. Members of the media were invited to observe a demonstration of the mobile unit in Jackson today.
Additionally, DOJ’s Bureau of Justice Assistance awarded a $675,000 grant to Jackson in 2022 as part of ATF’s Crime Gun Intelligence Center Integration Initiative. This grant, which will be spent over several years, is being used to improve Jackson’s access to NIBIN to investigate the use of firearms in multiple shootings and provide other tools to improve investigations of violent crimes committed with firearms.
NIBIN is a database of bullet casings recovered from crime scenes across the United States. Used casings have distinctive markings from the gun they were fired from, similar to a fingerprint. Investigators can check the database to see if the casings recovered from a crime scene were fired from a gun that may have been used in another crime. Through the database, one weapon could theoretically be linked to crimes across several cities and states. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. ATF maintains and operates NIBIN’s infrastructure at no charge to law enforcement partners.
More information about ATF’s Crime Gun Intelligence Centers can be found here: https://www.atf.gov/resource-center/fact-sheet/fact-sheet-crime-gun-intelligence-centers-cgic.
U.S. Attorney Todd W. Gee, Special Agent in Charge Joshua E. Jackson of the ATF, Chief Joseph Wade of the Jackson Police Department, and Chief Bo Luckey of the Capitol Police made the announcement.
Charleston Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Willie Charles Sanders, also known as “Disco,” 51, of Charleston, pleaded guilty yesterday, April 2, 2024, to distribution of methamphetamine.
According to court documents and statements made in court, on August 23, 2022, Sanders sold a quantity of methamphetamine to a confidential informant at Sanders’ Charleston residence.
Sanders is scheduled to be sentenced on July 10, 2024, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), and the Charleston Police Department.
Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Troy D. Adams is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-164.
Carjacker Sent to Prison for 10 YearsRead the Press Release
WASHINGTON – Basil Thomas, 21, of Washington, D.C., was sentenced to 10 years in prison for a carjacking and robbery that he committed in Northeast Washington D.C. last year, announced U.S. Attorney Matthew M. Graves and Chief Pamela A. Smith, of the Metropolitan Police Department.
On September 6, 2023, Thomas pleaded guilty in Superior Court to carjacking, robbery, possession of a firearm during a crime of violence, and unlawful possession of a firearm. On March 25, 2024, Superior Court Judge Erik Christian sentenced the defendant to 84 months in prison for carjacking, consecutive to 36 months in prison for robbery; with concurrent sentences of 60 months in prison for possession of a firearm during a crime of violence, and 36 months in prison for unlawful possession of a firearm, pursuant to the parties’ plea agreement
According to the government’s evidence, with which the defendant agreed at his plea hearing, on March 3, 2023, at approximately 5:35 p.m., the defendant approached his first victim, put a gun to his neck, and demanded his car keys. The victim reluctantly handed Thomas the keys to his Lexus SUV. Thomas drove that Lexus a short distance away before parking it so he could attempt a second armed carjacking. At approximately, 5:45 p.m., Thomas approached a Toyota SUV that was parked and running in a parking lot near where Thomas parked the Lexus. The second victim was sitting in the passenger seat of his Toyota when Thomas pointed a gun at him through the driver’s side window. Thomas then got in the Toyota, put the gun against the second victim’s head and demanded he get out. When the victim refused, a struggle ensued over the gun and Thomas was shot in the leg.
Thomas fled after being shot, but police were able to identify him and link him to both offenses after he went to a nearby hospital for treatment for his wound. Although the first victim could not identify his assailant, the second victim was able to positively identify him. Police also located the first victim’s Lexus near the second carjacking location. And after the second victim reported the attempted carjacking, police recovered Thomas’s gun and surveillance footage that showed his attempt to carjack the second victim.
This case was investigated by the Metropolitan Police Department. It was prosecuted by Assistant U.S. Attorneys Emily Kubo and Alec Levy.
California Man Pleads Guilty to Conspiracy to Possess with Intent to Distribute MethamphetamineRead the Press Release
Gulfport, MS – A Compton, California man pleaded guilty to conspiracy to possess with intent to distribute a controlled substance.
According to court documents, Booker Washington, 52, was identified as being a member of a drug-trafficking organization in California that was sending packages of narcotics to Mississippi dating back to 2019. The investigation yielded 5,766 grams of pure methamphetamine, 236 grams of fentanyl, 84.2 grams of cocaine, and 7.8 kilograms of marijuana that were shipped to the Gulf Coast.
According to the U.S. Drug Enforcement Administration, fentanyl is approximately 100 times more potent than morphine and 50 times more potent than heroin. The DEA reports that two milligrams of fentanyl can be lethal, and one kilogram of fentanyl has the potential to kill 500,000 people. More facts on fentanyl can be found at https://www.dea.gov/resources/facts-about-fentanyl and https://www.dea.gov/resources/facts-about-fentanyl.
Washington pleaded guilty to conspiracy to possess with intent to distribute a controlled substance. He is scheduled to be sentenced on August 15, 2024, and faces a mandatory minimum of 10 years and a maximum of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Todd W. Gee of the Southern District of Mississippi and Special Agent in Charge Steven L. Hofer of the Drug Enforcement Administration made the announcement.
The case was investigated by the Drug Enforcement Administration.
Assistant U.S. Attorney Erica Rose is prosecuting the case.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor- led, intelligence driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Bronx Man Sentenced to 24 Years in Prison for Sexually Exploiting MinorRead the Press Release
BOSTON – A Bronx, N.Y. man was sentenced today in federal court in Boston for coercing a minor to engage in sexually explicit conduct for the purpose of producing child pornography, as well as traveling with the intent to engage in illicit conduct with the minor victim.
Markell Greene, 27, was sentenced by U.S. District Court Judge Patti B. Saris to 24 years in prison and five years of supervised release. In October 2023, Greene pleaded guilty to one count of sexual exploitation of a minor and one count of travel with intent to engage in illicit conduct.
“It is hard to find the words to capture how horrific and reprehensible Mr. Greene’s conduct was here. Through social media he targeted a 12-year-old girl and then he proceeded to entice her to send him sexually explicit photos and videos. And as if that was not bad enough, he then travelled from New York to rape this child while he was recording his deviant behavior on Snapchat. It does not get much more despicable and depraved than that. Thanks to the bravery of this victim, Mr. Greene will be behind bars for many years and not able to terrorize other young girls,” said Acting United States Attorney Joshua S. Levy.
“Markell Greene is a monster, and no sentence will ever wipe away the untold heartache, pain, anxiety, and fear that he inflicted upon this young child and her family,” said Jodi Cohen, Special Agent in Charge of the FBI Boston Division. “That said, today’s sentence does remove a dangerous predator from our community for a significant amount of time, and highlights the FBI’s ongoing commitment to ensure that sexual predators are held accountable for their crimes. Our Child Exploitation – Human Trafficking Task Force will continue to do what it can to prevent children from being sexually abused and exploited.”
Greene persuaded, enticed and coerced a minor to engage in sexually explicit conduct for the purpose of producing child pornography. Additionally, on or about Feb. 14, 2022, Greene traveled in interstate commerce with a motivating purpose of engaging in illicit sexual conduct with the minor victim.
In late 2021, Greene sent an unsolicited Snapchat message to the then-12-year-old minor victim, who believed Greene to be approximately 16 years old. Over the course of several months, Greene manipulated the minor victim into sending sexually explicit photos and videos of herself at his request. Greene also directed the minor victim to brag about her age during the sexually explicit videos.
In February 2022, Greene persuaded the minor victim to meet him in-person at a parking lot in Arlington. On Feb. 14, 2022, Greene arrived to the agreed upon meet up in an SUV, picked up the minor victim and parked the car in an adjacent parking lot. There, Greene raped the minor victim and forced her to engage in oral, vaginal and anal sex, which he recorded on Snapchat.
Acting U.S. Attorney Levy and FBI SAC Cohen made the announcement today. Valuable assistance was provided by the Arlington, Mass. and New York City Police Departments; the Middlesex County District Attorney’s Office; and the Federal Bureau of Investigation, New York Field Office. Assistant U.S. Attorney Luke A. Goldworm of the Major Crimes Unit prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Billings man sentenced to more than 16 years in prison for armed meth, fentanyl trafficking in Billings communityRead the Press Release
BILLINGS — A Billings man who admitted to drug trafficking and firearms crimes after law enforcement more than a pound of methamphetamine, fentanyl pills and a loaded gun in his motel room was sentenced today to 16 years and three months in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said.
Robert Earl Biggs, 49, of Billings, pleaded guilty in November 2023 to possession with intent to distribute controlled substances and to possession of a firearm in furtherance of a drug trafficking crime.
U.S. District Judge Susan P. Watters presided.
The government alleged in court documents that in 2022, the Billings Police Department Street Crimes Unit learned through an investigation that Biggs was staying in a local motel and using others to distribute drugs for him. One of his distributors told officers that she had seen four to five pounds of meth and approximately 4,000 fentanyl pills in Biggs’ room a few days prior. The investigation ultimately led to officers detaining Biggs and searching his motel room. Law enforcement located fentanyl pills, more than a pound of meth, a black bag containing $5,860 and a loaded firearm in the room. Co-defendant Brandi Davitt was sentenced in January to four years in prison for her conviction in the case, while co-defendant Leota Beartusk-Martinez pleaded guilty to a trafficking crime and is awaiting sentencing.
Assistant U.S. Attorney Colin M. Rubich prosecuted the case. The Billings Police Department, Drug Enforcement Administration, and the Eastern Montana High Intensity Drug Trafficking Area Task Force conducted the investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Bergen County Tax Preparer Charged in COVID-19 Employment Tax Credit SchemeRead the Press Release
NEWARK N.J. – A federal grand jury returned an indictment today charging a Bergen County, New Jersey, tax preparer with fraudulently seeking more than $150 million from the IRS by filing more than 1,600 false tax returns for himself and his clients that claimed COVID-19-related employment tax credits, U.S. Attorney Phillip R. Sellinger for the District of New Jersey and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division announced.
Leon Haynes of Teaneck, New Jersey, is charged with 55 counts of aiding and assisting in the preparation of false tax returns, five counts of mail fraud, one count of aggravated identity theft, and two counts of tax evasion. Haynes was previously charged by complaint in relation to the same scheme.
U.S. Attorney Philip R. Sellinger“As alleged in the indictment, Haynes filed over 1,600 phony tax forms seeking more than $150 million dollars in refunds to which he and his clients were not entitled. He allegedly took advantage of programs earmarked for struggling small businesses who needed financial relief during the COVID 19 pandemic and used them to generate illicit profits for himself. Combatting pandemic fraud in all of its forms is a top priority for this office and our law enforcement partners.”
“This is precisely the type of conduct IRS Criminal Investigation and our law enforcement partners are committed to deterring,” Jenifer L. Piovesan, Acting Special Agent in Charge of IRS – Criminal Investigation, Newark Field Office, said. “The defendant’s alleged abuse of a program designed for those in need is appalling. Today’s indictment sends a clear message that we are committed to protecting the integrity of our tax system and relief programs.”
In response to the COVID-19 pandemic and its economic impact, Congress authorized an employee retention tax credit that an eligible small business could use to reduce the employment tax it owed to the IRS, also known as the “employee retention credit” or ERC.
Congress also authorized a credit that a business could take against employment taxes to reimburse businesses for the wages paid to employees who were on sick or family leave and could not work because of COVID-19. This “paid sick and family leave credit” was equal to the wages the business paid the employees during their leave.
As charged in the indictment, from November 2020 to May 2023, Haynes repeatedly exploited these programs that were intended to help small businesses impacted by the COVID-19 pandemic. Acting as a tax preparer, Haynes allegedly filed more than 1,600 false employment tax returns with the IRS claiming COVID-related tax credits on behalf of himself and his clients.
Haynes allegedly falsely told his clients that the government was giving out COVID-relief money for businesses and that they were eligible for it simply because they had a business. Haynes allegedly submitted forms to the IRS on behalf of his client’s businesses, often without consulting his clients, that grossly overstated the number of employees and the amount of wages paid to fraudulently claim these COVID-related tax credits. Haynes allegedly submitted similarly false forms for four of his own companies.
According to the indictment, based on these and other misrepresentations, Haynes fraudulently sought more than $150 million in tax refunds on behalf of his companies and numerous other businesses in his clients’ names.
The IRS allegedly disbursed at least $40 million in tax refunds to Haynes’ clients based on the false tax forms that Haynes filed. Haynes allegedly collected a percentage of the tax refunds the client received from the IRS as a fee. At Haynes’ request, many clients allegedly paid him those fees in cash. Haynes allegedly did not report on his or his businesses’ tax returns some of the income he received from clients as his share of the fraudulent obtained tax refunds. The IRS also allegedly directly mailed Haynes multiple tax refund checks totaling approximately $1.43 million based on false claims he submitted relating to his businesses.
Each count of aiding and assisting in the preparation of false returns carries a maximum penalty of three years in prison and a $250,000 fine; each mail fraud count carries a maximum penalty of 20 years in prison and a $250,000 fine; both tax evasion counts carry a maximum penalty of five years in prison and a $250,000 fine; and the count of aggravated identity theft carries a mandatory two year term of imprisonment to run consecutively to any other sentence imposed by the court.
U.S. Attorney Sellinger credited special agents of IRS – Criminal Investigation, under the direction of Acting Special Agent in Charge Jenifer L. Piovesan; special agents of the Social Security Administration, Office of the Inspector General, under the direction of Special Agent in Charge Sharon MacDermott, and postal inspectors from the U.S. Postal Service, under the direction of Inspector in Charge Christopher Nielsen, Philadelphia Division, with the investigation.
The government is represented by Assistant U.S. Attorney Fatime Meka Cano of the Economic Crimes Unit in Newark and Trial Attorney Samuel Bean of the U.S. Justice Department’s Tax Division.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
The District of New Jersey COVID-19 Fraud Enforcement Strike Force is one of five strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud. The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
haynes.indictment.pdfBellingham, Washington man sentenced to eight years in prison for dealing fentanyl while carrying firearmsRead the Press Release
Seattle – A 42-year-old Bellingham, Washington, man was sentenced today in U.S. District Court in Seattle to eight years in prison for drug distribution and illegal firearms possession announced U.S. Attorney Tessa M. Gorman. Adam Wisniewski is the fifth and final defendant to be sentenced in a case involving fentanyl distribution in Whatcom and Skagit Counties. Wisniewski pleaded guilty in February 2024 to conspiracy to distribute controlled substances, possession of fentanyl with intent to distribute, and two counts of illegally possessing firearms.
At today’s sentencing hearing Judge Lauren King noted Wisniewski’s criminal history saying, his life “had been somewhat of a revolving door of offenses and imprisonment.” Judge King recommended the Bureau of Prisons residential drug treatment program for Wisniewski to treat his addiction.
In April 2022, investigators initially saw drug ring leader Enoc Martinez Lopez, aka “Victor,” 28, of Marysville, Washington, meeting with Wisniewski, at the Silver Reef Casino in Whatcom County. Wisniewski was later arrested with more than 1,000 fentanyl pills, fentanyl powder and a firearm. Wisniewski was arrested a second time in June 2022 with two firearms and more fentanyl pills.
In the course of the investigation law enforcement seized: 11.5 kilos of fentanyl pills, 2.8 kilos of fentanyl powder, 5.7 kilos of cocaine, 1.6 kilos of heroin and 8.7 kilos of crystal meth, more than $186,000 in cash and nine firearms.
In asking for an eight-year prison sentence, Assistant United States Attorney Stephen Hobbs wrote to the court, “Of particular concern is Wisniewski’s possession of firearms. After being caught by law enforcement with a gun, Wisniewski rearmed himself and – two months later – was in possession of two more firearms. As the Probation Officer notes, the combination of drugs and guns is especially deadly and Wisniewski’s persistence in possessing firearms is extremely concerning.”
The leader of the drug ring, Enoc Martinez Lopez, was sentenced to eight years in prison; Casey Landis, 41, of Bellingham, a drug distributor, was sentenced to seven years in prison. Drug distributor Jesse Witteveen was sentenced to six years in prison; drug trafficking associate Anthony Gunderson was sentenced to 41 months in prison.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
The investigation was led by the Drug Enforcement Administration, Bellingham Resident Office (DEA), working with the Whatcom County Drug and Gang Task Force, the Whatcom County Sheriff’s Office, the Skagit County Interlocal Drug Enforcement Unit, Homeland Security Investigations (HSI), Bureau of Indian Affairs, Washington State Patrol, U.S. Customs and Border Protection (CBP), Snohomish Regional Drug Task Force, the CBP Air & Marine Operations, the Lummi Police Department, the Everson Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives.
The case is being prosecuted by Assistant United States Attorney Stephen Hobbs.
Attorney General Merrick B. Garland Announces Surge of Resources to Fight Violent Crime in Three Additional CitiesRead the Press Release
Today, Attorney General Merrick B. Garland announced that the Justice Department is adding three new cities to its Criminal Division’s Violent Crime Initiative (VCI), building on the successful model launched in Houston, Texas, in September 2022, and expanded to Memphis, Tennessee, in November 2023. The VCI surges law enforcement tools and resources to target gangs and other violent groups that are threatening the safety and security of communities in cities across the nation.
As the Attorney General noted in his remarks this morning in Chicago, today’s announcement comes as the Justice Department is working to replicate the successes that communities across the country have seen in driving down the violent crime that spiked during the pandemic. That includes cities like Detroit, where 2023 marked the fewest homicides in 57 years; Baltimore, where there was a 20% reduction in homicides in 2023 and a 7% reduction in non-fatal shootings; New Orleans, where 2023 marked a 25% decline in homicides; Philadelphia, where there was a 20% reduction in homicides in 2023; and Chicago, where homicides decreased by 13% in 2023.
“The Justice Department will not rest until every person, in every neighborhood, in every community is safe from violent crime,” said Attorney General Merrick B. Garland. “The FBI reports that last year we saw a significant decrease in overall violent crime across the country compared to the previous year—including an over 13% decline in homicides. That is the largest one-year decline in homicides in 50 years. The Justice Department is not easing up on our efforts to reduce violent crime. In fact, today, we are doubling down. In Houston and Memphis, we launched a Violent Crime Initiative that brought prosecutors from the Department’s Criminal Division to work closely with prosecutors already on the ground to target those responsible for the greatest violence. Today, we are launching the next phase of our Violent Crime Initiative in St. Louis, Missouri; Jackson, Mississippi; and Hartford, Connecticut.”
“No matter where violent crime occurs, it leaves a devastating impact on victims and communities,” said FBI Director Christopher Wray. “The FBI, as part of the Violent Crime Initiative, is renewing our focus on violent crime in three additional cities and surging tools and resources to make our streets safer. Every day, our field offices work to tear down violent criminals and gangs and this initiative will only serve to magnify their successes.”
“Violent crime demands our urgent attention,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Through our Violent Crime Initiative, the Criminal Division works in partnership with local U.S. Attorneys and federal and state law enforcement to use data to focus on the worst of the worst violent offenders, to engage with the communities in which we work, and to make our neighborhoods safer. As our work in Houston and Memphis has shown, together we can make a difference.”
To focus the Justice Department’s resources on communities most in need, the Criminal Division has identified St. Louis, Missouri; Jackson, Mississippi; and Hartford, Connecticut, as the next VCI cities. The VCI utilizes prosecutors from the Criminal Division’s Violent Crime and Racketeering Section—the nation’s foremost experts in racketeering prosecutions—to work alongside prosecutors from the U.S. Attorneys’ Offices, as well as dedicated investigative agents, analysts, and forensic experts from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), FBI, Drug Enforcement Administration (DEA), and other federal, state, and local law enforcement agencies. Through the VCI, the Criminal Division also works with community leaders in each city to best understand citizens’ concerns and to work to support them. Since the start of Houston VCI, Houston saw reductions of 9% in violent crime and 20% in homicides. In Memphis, when compared to 2023, official counts of murders, robberies, and aggravated assaults have decreased since the VCI has been operational.
“We have long had a focus in the Eastern District of Missouri on violent crime and complex criminal conspiracies, and the addition of two experienced prosecutors will allow us to expand that,” said U.S. Attorney Sayler A. Fleming for the Eastern District of Missouri. “We look forward to working with them to make the St. Louis region safer.”
“As a resident of Jackson, I know it is a great place to live and work, but it also suffers from violent crime that is largely driven by a small number of violent individuals and gangs,” said U.S. Attorney Todd Gee for the Southern District of Mississippi. “I am excited to have experts from the Justice Department join with federal, state, and local law enforcement here in Jackson to help us investigate and prosecute these sources of violent crime.”
“This office and our federal law enforcement partners have a long and successful history of working with the Hartford Police Department and our state counterparts to make our capital city safer,” said U.S. Attorney Vanessa Roberts Avery for the District of Connecticut. “We welcome these additional Justice Department resources, which supplement our efforts to focus on the groups and individuals in Hartford that are chiefly responsible for Hartford’s gun violence and prosecute offenders to the full extent of federal law.”
“With crime rates down in so many places in 2023, now is not the time to back off. Now is the time to double and triple down on strategies that have been shown to work,” said ATF Director Steven Dettelbach. “ATF’s expertise in Crime Gun Intelligence allows our agents—and our law enforcement partners—to follow the crime gun. This leads to more impactful arrests both of those who are actually doing the shooting and those unlawfully supplying the shooters with their guns. By combining this intelligence and data with traditional techniques, ATF produces evidence-driven cases on the most dangerous offenders. We are proud to work with all our partners on this important initiative in cities around the country.”
“Drug-related crimes and violence continue to have a significant impact on our communities and demand a new approach,” said DEA Administrator Anne Milgram. “Two years ago, DEA implemented Operation Overdrive, a data-driven, intelligence led approach to identifying and dismantling criminal drug networks doing the most harm in communities, including in St. Louis, Missouri; Hartford, Connecticut; and Jackson, Mississippi. This approach allows us to map the threats and shift our resources so that our drug enforcement efforts will have the greatest impact in our communities. Expanding the Violent Crime Initiative further extends our potential to successfully investigate and prosecute criminals by harnessing the full potential of state, local, and federal partnerships.”
Attorney General Merrick B. Garland Announces Surge of Resources to Fight Violent Crime in Three Additional CitiesRead the Press Release
WASHINGTON – Today, Attorney General Merrick B. Garland announced that the Justice Department is adding three new cities to its Criminal Division’s Violent Crime Initiative (VCI), building on the successful model launched in Houston, Texas, in September 2022, and expanded to Memphis, Tennessee, in November 2023. The VCI surges law enforcement tools and resources to target gangs and other violent groups that are threatening the safety and security of communities in cities across the nation.
As the Attorney General noted in his remarks this morning in Chicago, today’s announcement comes as the Justice Department is working to replicate the successes that communities across the country have seen in driving down the violent crime that spiked during the pandemic. That includes cities like Detroit, where 2023 marked the fewest homicides in 57 years; Baltimore, where there was a 20% reduction in homicides in 2023 and a 7% reduction in non-fatal shootings; New Orleans, where 2023 marked a 25% decline in homicides; Philadelphia, where there was a 20% reduction in homicides in 2023; and Chicago, where homicides decreased by 13% in 2023.
“The Justice Department will not rest until every person, in every neighborhood, in every community is safe from violent crime,” said Attorney General Merrick B. Garland. “The FBI reports that last year we saw a significant decrease in overall violent crime across the country compared to the previous year—including an over 13% decline in homicides. That is the largest one-year decline in homicides in 50 years. The Justice Department is not easing up on our efforts to reduce violent crime. In fact, today, we are doubling down. In Houston and Memphis, we launched a Violent Crime Initiative that brought prosecutors from the Department’s Criminal Division to work closely with prosecutors already on the ground to target those responsible for the greatest violence. Today, we are launching the next phase of our Violent Crime Initiative in St. Louis, Missouri; Jackson, Mississippi; and Hartford, Connecticut.”
“No matter where violent crime occurs, it leaves a devastating impact on victims and communities,” said FBI Director Christopher Wray. “The FBI, as part of the Violent Crime Initiative, is renewing our focus on violent crime in three additional cities and surging tools and resources to make our streets safer. Every day, our field offices work to tear down violent criminals and gangs and this initiative will only serve to magnify their successes.”
“Violent crime demands our urgent attention,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Through our Violent Crime Initiative, the Criminal Division works in partnership with local U.S. Attorneys and federal and state law enforcement to use data to focus on the worst of the worst violent offenders, to engage with the communities in which we work, and to make our neighborhoods safer. As our work in Houston and Memphis has shown, together we can make a difference.”
To focus the Justice Department’s resources on communities most in need, the Criminal Division has identified St. Louis, Missouri; Jackson, Mississippi; and Hartford, Connecticut, as the next VCI cities. The VCI utilizes prosecutors from the Criminal Division’s Violent Crime and Racketeering Section—the nation’s foremost experts in racketeering prosecutions—to work alongside prosecutors from the U.S. Attorneys’ Offices, as well as dedicated investigative agents, analysts, and forensic experts from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), FBI, Drug Enforcement Administration (DEA), and other federal, state, and local law enforcement agencies. Through the VCI, the Criminal Division also works with community leaders in each city to best understand citizens’ concerns and to work to support them. Since the start of Houston VCI, Houston saw reductions of 9% in violent crime and 20% in homicides. In Memphis, when compared to 2023, official counts of murders, robberies, and aggravated assaults have decreased since the VCI has been operational.
“We have long had a focus in the Eastern District of Missouri on violent crime and complex criminal conspiracies, and the addition of two experienced prosecutors will allow us to expand that,” said U.S. Attorney Sayler A. Fleming for the Eastern District of Missouri. “We look forward to working with them to make the St. Louis region safer.”
“As a resident of Jackson, I know it is a great place to live and work, but it also suffers from violent crime that is largely driven by a small number of violent individuals and gangs,” said U.S. Attorney Todd Gee for the Southern District of Mississippi. “I am excited to have experts from the Justice Department join with federal, state, and local law enforcement here in Jackson to help us investigate and prosecute these sources of violent crime.”
“This office and our federal law enforcement partners have a long and successful history of working with the Hartford Police Department and our state counterparts to make our capital city safer,” said U.S. Attorney Vanessa Roberts Avery for the District of Connecticut. “We welcome these additional Justice Department resources, which supplement our efforts to focus on the groups and individuals in Hartford that are chiefly responsible for Hartford’s gun violence and prosecute offenders to the full extent of federal law.”
“With crime rates down in so many places in 2023, now is not the time to back off. Now is the time to double and triple down on strategies that have been shown to work,” said ATF Director Steven Dettelbach. “ATF’s expertise in Crime Gun Intelligence allows our agents—and our law enforcement partners—to follow the crime gun. This leads to more impactful arrests both of those who are actually doing the shooting and those unlawfully supplying the shooters with their guns. By combining this intelligence and data with traditional techniques, ATF produces evidence-driven cases on the most dangerous offenders. We are proud to work with all our partners on this important initiative in cities around the country.”
“Drug-related crimes and violence continue to have a significant impact on our communities and demand a new approach,” said DEA Administrator Anne Milgram. “Two years ago, DEA implemented Operation Overdrive, a data-driven, intelligence led approach to identifying and dismantling criminal drug networks doing the most harm in communities, including in St. Louis, Missouri; Hartford, Connecticut; and Jackson, Mississippi. This approach allows us to map the threats and shift our resources so that our drug enforcement efforts will have the greatest impact in our communities. Expanding the Violent Crime Initiative further extends our potential to successfully investigate and prosecute criminals by harnessing the full potential of state, local, and federal partnerships.”
Arnold Man Pleads Guilty to Cocaine ChargesRead the Press Release
JOHNSTOWN, Pa. – On April 2, 2024, a resident of Arnold, Pennsylvania, pleaded guilty in federal court to charges of violating federal narcotics laws, United States Attorney Eric G. Olshan announced today.
Milton Paschal, 44, pleaded guilty to Counts One and Eight of the Superseding Indictment before United States Senior District Judge Kim R. Gibson.
In connection with the guilty plea, the Court was advised that, from in and around August 2018 to March 2023, in the Western District of Pennsylvania, Paschal conspired with others to distribute and possess with intent to distribute five kilograms or more of a mixture and substance containing a detectable amount of cocaine. Additionally, in and around December 2023, Paschal distributed and possessed with intent to distribute a quantity of cocaine. Paschal was intercepted on a federal wiretap obtaining cocaine that he distributed to others.
Judge Gibson scheduled sentencing for August 1, 2024. The law provides for a maximum total sentence of not less than 10 years and up to life in prison, a fine of up to $10 million, or both. Under the federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Arnold P. Bernard Jr. is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation’s Laurel Highlands Resident Agency and Homeland Security Investigations conducted the investigation that led to the prosecution of Paschal. Additional agencies participating in this investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives, Internal Revenue Service – Criminal Investigation, United States Postal Inspection Service, and other local law enforcement agencies.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Alabama Man Arrested on Federal Dog Fighting and Firearms Charges; Seventy-Eight Dogs Rescued and “Destructive Device” RecoveredRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury indicted an Alabama man on charges of illegally possessing dogs for fighting purposes and illegally possessing three firearms subsequent to a felony conviction.
The U.S. District Court for the Northern District of Alabama unsealed the indictment in conjunction with the arrest today of Carlton Lenard Adams, 51, of Bessemer and Adger. According to court documents filed in this case, Adams maintained a stock of 78 fighting dogs at three properties – two in Bessemer and one in Adger – and all were rescued by federal authorities.
Agents also recovered tools and supplies used in the training and keeping of dogs used for fighting. This included modified treadmills to hold dogs in place for dog fight conditioning, injectable veterinary steroids, suture materials and syringes, skin staplers, a homemade breeding stand used to immobilize female dogs who are too aggressive to mate naturally and a break stick device used to break the bite hold of a dog during specified intervals in a dog fight.
The defendant was further found to possess two pistols and a semi-automatic shotgun known colloquially as a “Street Sweeper.” The latter is considered as not just a firearm but a “destructive device” under federal law.
The dogs were rescued and cared for by a program administered by the U.S. Marshals Service. Following a separate, successful civil forfeiture action brought by the U.S. Attorney’s Office for the Northern District of Alabama, the dogs did not have to be returned to the defendant, but could instead be rehabilitated and evaluated for possible adoption.
If convicted, Adams faces penalties up to 15 years in prison and a $250,000 fine on each firearms charge and up to five years in prison and a $250,000 fine per count of animal fighting charges. Under federal law, it is illegal to fight animals and to possess, train, transport, deliver, receive, buy or sell animals intended for use in an animal fighting venture.
Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division (ENRD) and U.S. Attorney Prim Escalona of the Northern District of Alabama made the announcement.
The U.S. Department of Agriculture’s Office of Inspector General, FBI and Alabama Law Enforcement Agency are investigating the case.
Senior Trial Attorney Ethan Eddy of ENRD’s Environmental Crimes Section and Assistant U.S. Attorney Ryan Rummage for the Northern District of Alabama are prosecuting the case. Assistant U.S. Attorney Austin Shutt for the Northern District of Alabama handled the civil forfeiture case, which ensured that the dogs did not have to be returned to the defendant.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Alabama Man Arrested on Federal Dog Fighting and Firearms ChargesRead the Press Release
A federal grand jury indicted an Alabama man on charges of illegally possessing dogs for fighting purposes and illegally possessing three firearms subsequent to a felony conviction.
The U.S. District Court for the Northern District of Alabama unsealed the indictment in conjunction with the arrest today of Carlton Lenard Adams, 51, of Bessemer and Adger. According to court documents filed in this case, Adams maintained a stock of 78 fighting dogs at three properties – two in Bessemer and one in Adger – and all were rescued by federal authorities.
Agents also recovered tools and supplies used in the training and keeping of dogs used for fighting. This included modified treadmills to hold dogs in place for dog fight conditioning, injectable veterinary steroids, suture materials and syringes, skin staplers, a homemade breeding stand used to immobilize female dogs who are too aggressive to mate naturally and a break stick device used to break the bite hold of a dog during specified intervals in a dog fight.
The defendant was further found to possess two pistols and a semi-automatic shotgun known colloquially as a “Street Sweeper.” The latter is considered as not just a firearm but a “destructive device” under federal law.
The dogs were rescued and cared for by a program administered by the U.S. Marshals Service. Following a separate, successful civil forfeiture action brought by the U.S. Attorney’s Office for the Northern District of Alabama, the dogs did not have to be returned to the defendant, but could instead be rehabilitated and evaluated for possible adoption.
If convicted, Adams faces a maximum penalty of up to 15 years in prison and a $250,000 fine on each firearms charge. He also faces a maximum penalty of five years in prison and a $250,000 fine per count of animal fighting charges. Under federal law, it is illegal to fight animals and to possess, train, transport, deliver, receive, buy or sell animals intended for use in an animal fighting venture.
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD) and U.S. Attorney Prim Escalona for the Northern District of Alabama made the announcement.
The U.S. Department of Agriculture’s Office of Inspector General, FBI and Alabama Law Enforcement Agency are investigating the case.
Senior Trial Attorney Ethan Eddy of ENRD’s Environmental Crimes Section and Assistant U.S. Attorney Ryan Rummage for the Northern District of Alabama are prosecuting the case. Assistant U.S. Attorney Austin Shutt for the Northern District of Alabama handled the civil forfeiture case, which ensured that the dogs did not have to be returned to the defendant.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Ada Resident Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Amya Elise Walker, age 20, of Ada, Oklahoma, was sentenced to 33 months in prison for one count of Assault Resulting in Serious Bodily Injury in Indian Country.
The charge arose from investigations by the Chickasaw Nation Lighthorse Police and the Bureau of Indian Affairs.
On September 25, 2023, Walker pleaded guilty to the charge. According to investigators, on May 13, 2023, Walker violently attacked an elderly woman at an Ada residence, leaving the victim with multiple bruises and lacerations requiring medical care.
The crime occurred in Pontotoc County, within the boundaries of the Chickasaw Nation Reservation, in the Eastern District of Oklahoma.
The Honorable Ronald A. White, Chief Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing. Walker will remain in the custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Kevin Gross represented the United States.
2 April 2024
Woman Sentenced for Voter Fraud SchemeRead the Press Release
An Iowa woman was sentenced today to four months in prison, four months of home confinement, and two years of supervised release for a voter fraud scheme she perpetrated during the Iowa 2020 primary and general elections.
According to court documents and evidence presented at trial, Kim Phuong Taylor, age 50, of Sioux City perpetrated a scheme to generate votes in the June 2020 primary election and November 2020 general election. Taylor’s husband was an unsuccessful candidate for Iowa’s 4th U.S. Congressional District in the primary election, and subsequently a successful candidate for Woodbury County Supervisor in the 2020 general election. Taylor submitted or caused others to submit dozens of voter registrations, absentee ballot request forms, and absentee ballots containing false information. For example, although many of these documents required the signer to affirm that he or she was the person named in them, Taylor signed them for voters without their permission and told others that they could sign on behalf of relatives who were not present.
A federal jury convicted Taylor in November 2023 of 26 counts of providing false information in registering and voting, three counts of fraudulent registration, and 23 counts of fraudulent voting.
Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Timothy T. Duax for the Northern District of Iowa; Assistant Director Michael Nordwall of the FBI’s Criminal Investigative Division; Special Agent in Charge Eugene Kowel of the FBI Omaha Field Office; and Acting Inspector in Charge Brad Mahs of the U.S. Postal Inspection Service (USPIS) Denver Division made the announcement.
The FBI Omaha Field Office and USPIS Denver Division investigated the case.
Trial Attorney Richard B. Evans of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Ron Timmons for the Northern District of Iowa prosecuted the case.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 23-CR-4004.
Follow us on Twitter @USAO_NDIA.
Wheeling Grand Jury Returns Multiple Firearms IndictmentsRead the Press Release
WHEELING, WEST VIRGINIA – A federal grand jury has returned three indictments, charging West Virginia residents with federal firearms violations.
Robert Hypes, age 56, of Moundsville, West Virginia, was indicted for unlawful possession of a firearm. According to reports, officers were called to Hypes’ home on a domestic incident and found a revolver and two rifles during a search. Hypes was previously convicted of a felony in Nicolas County, West Virginia, prohibiting him from having firearms.
Timothy Nottingham, age 49, of Middlebourne, West Virginia, is charged with possession of a firearm by a felon. According to the indictment, Nottingham is prohibited from having firearms because of prior felony convictions of burglary and grand larceny in Tyler and Marshall Counties. He was arrested with a .38 caliber revolver in Tyler County.
Talon D. Feucht, age 29, of New Martinsville, West Virginia, is facing one count of unlawful possession of a firearm. According to the indictment, Feucht, prohibited from having firearms because of a prior felony conviction in Maine, had a .38 caliber revolver in Marshall County.
Assistant U.S. Attorney Clayton Reid is prosecuting the Hypes and Feucht cases. Assistant U.S. Attorney Jennifer Conklin is prosecuting the Nottingham case.
The cases were investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The Marshall County Sheriff’s Office assisted in the Hypes case. The Tyler County Sheriff’s Office assisted in the Nottingham investigation. The Moundsville Police Department assisted in the Feucht case.
An indictment is merely an allegation, and each defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Washington Man Sentenced to 20 Years in Federal Prison for Second-Degree Murder and Assault with a Dangerous WeaponRead the Press Release
Yakima, Washington - Vanessa R. Waldref, United States Attorney for the Eastern District of Washington, announced today that Silaz Elijah James, age 19, was sentenced after pleading guilty to one count of Second-Degree Murder and one count of Assault with a Dangerous Weapon. United States District Judge Mary K. Dimke imposed a sentence of 240 months imprisonment to be followed by 5 years of supervised release as well as $6,620 in restitution.
According to court documents and information presented at the sentencing hearing, on April 13, 2022, James, who is an enrolled member of the Yakama Nation, got into an argument with his victim about money. As James walked out of the house in Toppenish, where the argument took place, he turned and fired a single shot from a pistol. The shot stuck the victim in the chest, killing her. James then got into a vehicle with two other people. As the driver of the vehicle pulled away, James fired two additional shots at people standing outside the home. Neither of those shots stuck anyone.
On April 7, 2023, the Court granted the United States’s motion to transfer James’s case from juvenile to adult status. On January 9, 2024, James, who was 17 at the time of the offense, pleaded guilty.
“This case is tragic in every way. A young lady’s life was taken and Mr. James will spend the next several years in federal prison. Our hearts go out to everyone affected by this tragic and senseless crime. No sentence will ever erase the tragic loss of the life of the victim,” stated U.S. Attorney Waldref. “I am grateful to the FBI and the Yakama Nation Tribal Police as well as the Assistant United States Attorneys from my office who worked to see this case through and seek justice on behalf of the young life that was taken.”
“Mr. James’s decisions ended the life of one person and put other innocent bystanders in immediate danger.” said Richard A. Collodi, Special Agent in Charge of the FBI’s Seattle field office. “His actions demonstrated a disregard for the lives of people around him. Our hope is that the victim’s loved ones find some solace with today’s sentence.”
This case was investigated by the Federal Bureau of Investigation and the Yakama Nation Police Department. This case was prosecuted by Assistant United States Attorney Michael Murphy.
Three Mexican Nationals Plead Guilty to Federal Drug Charge in Scheme to Distribute More Than 1 Million Fentanyl PillsRead the Press Release
LOS ANGELES – Three Mexican men, who last year were arrested in El Monte with more than 1 million fentanyl pills, each pleaded guilty today to a federal narcotics charge.
At a hearing today before United States District Judge Stanley Blumenfeld Jr., the following three defendants – all from Sinaloa, Mexico – pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute fentanyl:
- Florencio Camacho Allan, 29;
- Gerardo Gaxiola Patiño, 30; and
- Alex Valdez Oroz, 26.
According to their plea agreements, from September 2022 to March 2023, the defendants conspired with each other and others to knowingly distribute fentanyl. Prior to March 7, 2023, a Mexico-based drug broker arranged a deal with a buyer to sell approximately 2 million fentanyl pills. The deal was to occur in the Los Angeles area and the buyer agreed to pay approximately 75 cents per pill. As part of the deal, the buyer also agreed to first purchase a sample “box” of approximately 10,000 fentanyl pills at the same price.
On March 7, 2023, the drug broker coordinated a meeting between Allan and the buyer to occur that day at a Denny’s restaurant in El Segundo to buy the sample fentanyl pills. Later that day, Allan, Patiño, and Oroz arrived in a white car at the Denny’s. While Oroz waited in the driver’s seat of the car, Allan and Patiño met the buyer and the buyer’s associate inside the restaurant, where they discussed the plan to sell approximately 1 million more fentanyl pills later that day, and the sale of another 1 million fentanyl pills the next day.
After the meeting, Allan, Patiño, the buyer and the associate went to the white car, where Patiño retrieved a black bag, containing approximately 10,082 fentanyl pills, weighing approximately 1.1 kilograms (2.5 pounds), out of the white car and handed it to the buyer in exchange for $7,500. The three defendants then drove away.
Later that day, Allan confirmed with one of the buyers that they had possession of the larger set of pills and – via a WhatsApp video call – showed one buyer the pills, which appeared to be in the car’s trunk. They agreed to do the 1-million fentanyl pill deal in a Holiday Inn parking lot.
At the Holiday Inn, law enforcement detained Allan and Oroz in the parking lot. Officers also found and detained Patiño, who was inside the Holiday Inn lobby bathroom.
Inside the white car, law enforcement found at least three duffle bags in the trunk and back seat, each containing bundles of fentanyl pills. In total, the defendants knowingly possessed with intent to distribute approximately 1,016,270 fentanyl pills, weighing approximately 109.3 kilograms (241 pounds).
Judge Blumenfeld scheduled an August 13 sentencing hearing, at which time each defendant will face a mandatory minimum sentence of 10 years in federal prison and a statutory maximum sentence of life imprisonment.
The Drug Enforcement Administration investigated this matter as part of the High Intensity Drug Trafficking Area (HIDTA) program with Homeland Security Investigations, the Hawthorne Police Department, the Fullerton Police Department, the El Monte Police Department, and the California National Guard providing assistance.
Assistant United States Attorney K. Afia Bondero of the Major Frauds Section is prosecuting this case.
St. Louis Man Caught with Gun and Drugs After Chase Sentenced to 10 Years in PrisonRead the Press Release
ST. LOUIS – U.S. District Judge Matthew T. Schelp on Tuesday sentenced a man who was caught after a police chase with a fully automatic Glock handgun and cocaine base to 10 years in prison.
Anthony Wooten, 41, of St. Louis, Missouri, pleaded guilty on Jan. 2, 2024, to one count of being a felon in possession of a firearm and admitted being caught with the gun and drugs.
On May 30, 2023, St. Louis Metropolitan Police Department officers initiated a traffic stop of a Hyundai Veloster near the intersection of Goodfellow Boulevard and Natural Bridge Avenue. Wooten initially stopped, but sped away when officers got out to approach him. He drove at high speeds through residential neighborhoods, and at one point drove up on a curb to avoid spike stripes, endangering both residents and officers. Next to the driver’s seat, Wooten had a .40-caliber Glock pistol that was equipped with a conversion device, commonly referred to as a Glock switch, that converted it into a fully automatic weapon. The Glock had an extended magazine loaded with 21 rounds of ammunition and Wooten had a second, drum-style magazine loaded with 41 rounds. He also had more than 20 grams of cocaine base.
The chase ended in the 5900 block of Hamilton Terrace. Wooten ran inside an apartment and refused to come out. He later fled to another unit inside the same building before surrendering.
In a sentencing memo, Assistant U.S. Attorney Matthew Martin pointed out Wooten’s extensive criminal history, including a 2001 conviction for first-degree assault and armed criminal action after he shot someone six times. He fled from police in 2010 and was caught with a firearm in 2012. In 2017, he escaped from a halfway house and was on supervised release in that case when he fled from police again.
The St. Louis Metropolitan Police Department investigated the case. Assistant U.S. Attorney Matthew Martin prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
St. Louis County Man Sentenced to 22 Years in Prison for Supplying the Fentanyl that Killed 19-Year-OldRead the Press Release
ST. LOUIS – U.S. District Judge Catherine D. Perry on Tuesday sentenced a man who supplied the fentanyl that killed a 19-year-old in Jefferson County, Missouri to 22 years in prison.
Judge Perry also ordered William Edward Martin, 23, to pay restitution to the victim’s family for her funeral expenses.On June 23, 2022, Martin met the 19-year-old victim in the parking lot of a Walgreens in Arnold, Missouri. She got into the black BMW he was driving, and Martin gave her fentanyl. A short time later, he took the incapacitated teen and concealed her upside down in the backseat of her locked car.
After the victim failed to come home, her father began searching for her. He found her dead in her car early the next morning.
Martin would later admit that he could have called 911 or brought the victim to the hospital. In text messages, he discussed the strength of the fentanyl he was selling and the overdose danger it posed. He also continued to sell fentanyl after the victim’s death.
Arnold police spotted the BMW during the death investigation. The driver, Tanisha Payne, said she’d dropped Martin off at a gas station. Officers found a safe inside the car that contained fentanyl, hallucinogens, prescription drugs and drug paraphernalia. They caught Martin behind a supermarket with a loaded pistol.
Martin pleaded guilty in November U.S. District Court in St. Louis to four felonies: conspiracy to distribute fentanyl, distribution of fentanyl with a resulting death, distribution of fentanyl and being a felon in possession of a firearm. He also admitted selling fentanyl to others.
"This investigation was particularly tough as nothing could be more tragic than a parent finding their child dead," said Assistant Special Agent in Charge Colin Dickey, head of Drug Enforcement Administration operations in Eastern Missouri. "Illicit fentanyl is the worst drug DEA has encountered. The damage it caused to this family cannot be repaired by sending this defendant to prison, but DEA hopes it sends a message to other fentanyl dealers that we will do everything we can to make sure they face the same penalties."
Steven “Lemon” Littler, 34, and Jacqueline Williamson, 34, admitted supplying fentanyl to Martin and Payne. Littler had been selling the drug to Martin for several months, Martin’s plea says. Littler also warned Martin of the potency of his fentanyl, calling it “deadly strong” and “dangerous.”
When Williamson was arrested, investigators found fentanyl, methamphetamine and drug paraphernalia in her St. Louis home. Payne, now 23, also had fentanyl and drug paraphernalia when she was arrested.
Littler pleaded guilty to conspiracy to distribute fentanyl and distribution of fentanyl and is serving a 210-month prison sentence. Williamson, who pleaded guilty to a fentanyl distribution charge, was sentenced to 72 months. Payne, who pleaded guilty to conspiracy to distribute fentanyl, was sentenced to time served.
The case was investigated by the Drug Enforcement Administration, the Arnold Police Department, the U.S. Marshals Service and the St. Louis County Police Department.
Sharon Resident Pleads Guilty to Cocaine, Heroin and Fentanyl Trafficking ViolationsRead the Press Release
PITTSBURGH, Pa. – A resident of Sharon, Pennsylvania, pleaded guilty in federal court to charges of trafficking cocaine, fentanyl, and heroin, United States Attorney Eric G. Olshan announced today.
Nicholas Ostheimer, 26, pleaded guilty before United States District Judge Cathy Bissoon to (1) conspiring to distribute 500 grams or more of cocaine, 40 grams or more of fentanyl, and 100 grams or more of heroin between June 2020 and June 2021; (2) distributing cocaine on November 18, 2020; and (3) possessing 500 grams or more of cocaine and a quantity of cocaine base on June 17, 2021.
Judge Bissoon scheduled sentencing for July 30, 2024. The law provides for a maximum total sentence of not less than five years and up to 40 years in prison, a fine of up to $5 million, or both. Under the federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Benjamin C. Dobkin and Craig W. Haller are prosecuting this case on behalf of the United States.
The Federal Bureau of Investigation, Drug Enforcement Administration, Pennsylvania Attorney General’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, Pennsylvania State Police, Lawrence County Drug Task Force, Mercer County Drug Task Force, New Castle Police Department, Sharon Police Department, Hermitage Police Department, and Farrell Police Department conducted the investigation that led to the prosecution of Ostheimer.
This prosecution is a result of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Rockland Man Sentenced to Six Years in Prison for Child Pornography OffensesRead the Press Release
BOSTON – A Rockland man was sentenced today in federal court in Boston for distributing and possessing child sexual abuse material (CSAM).
Donald J. Caruso, 42, was sentenced by U.S. District Court Judge Patti B. Saris to six years in prison followed by five years of supervised release. In November 2023, Caruso pleaded guilty to one count of distribution of child pornography and one count of possession of child pornography.
In early November 2022, Caruso used an online encrypted communication platform to send an undercover agent multiple links to videos depicting the sexual abuse of children. On Nov. 7, 2022, a laptop hard drive was seized from Caruso’s residence and his cell phone was seized from Caruso’s person. Between both devices, hundreds of images and over three thousand videos depicting CSAM were recovered. The minors depicted in those CSAM files ranged in age from approximately less than one year old to approximately 11 years old. Caruso admitted to using on-line applications to send, receive and download child pornography using his cell phone and laptop. Forensic analysis of the devices also revealed numerous chat conversations between Caruso and others, including a user who purported to be 15 years old, and the chats appeared to be primarily sexual in nature and discussed the exchange of CSAM files. In total, 217 series victims have been identified in this case.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Special Agent in Charge of the Homeland Security Investigation’s in New England; Rockland Chief of Police Nicholas Zeoli; and Plymouth County District Attorney Timothy J. Cruz made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of the Major Crimes Unit prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Recipient of Child Pornography Sentenced to Six Years in Prison, 10 Years of Supervised ReleaseRead the Press Release
WASHINGTON – Donte Mintz, 30, of Southeast Washington D.C., was sentenced today to 72 months in prison for receiving numerous images and videos of child pornography, some of which depicted the rape and torture of real children as young as toddlers.
The sentence, in U.S. District Court for the District of Columbia, was announced by U.S. Attorney Matthew M. Graves, FBI Special Agent in Charge David J. Scott of the Washington Field Office Criminal and Cyber Division, and Chief Pamela Smith of the Metropolitan Police Department (MPD).
Mintz pleaded guilty to attempted receipt of child pornography on June 14, 2023, before U.S. District Judge Jia M. Cobb. Judge Cobb accepted the guilty plea on April 2, 2024. In addition to the prison term, Judge Cobb ordered Mintz to serve 10 years of supervised release and register as a sex offender. Restitution to Mintz’s victims is to be determined at a later date.
According to court documents, Mintz possessed, received, and distributed child pornography. Specifically, in October 2020, an employee from Dropbox reported to the National Center for Missing and Exploited Children (NCMEC) that there was suspected child sex abuse material (CSAM) found uploaded to Dropbox servers from Mintz’s account. On November 11, 2020, an employee working for the messaging application, KIK, reported to NCMEC that suspected CSAM had been found on its servers as well. KIK reported the user of two KIK accounts – both utilized by Mintz – sent the CSAM to other users through the chat feature of the application at the end of 2020.
On Thursday, July 8, 2021, law enforcement executed a federal search warrant at Mintz’s apartment in Southeast Washington, D.C. During an interview on this same date, Mintz admitted to sharing, uploading, and viewing child sex abuse material. A review of Mintz’s cellular phones and laptop revealed thousands of files containing CSAM, including more than 230 known and identified victims. Mintz was a member of many online communities where he exchanged and discussed sexual abuse material. He then saved his child sexual abuse material to a Dropbox account and to electronic devices that he could access anywhere.
This case was investigated by detectives from the Metropolitan Police Department’s Youth and Family Services Division, Internet Crimes Against Children Unit, the Northern Virginia Internet Crimes Against Children Task Force, and the FBI’s Washington Field Office.
It was prosecuted by Assistant U.S. Attorneys Rachel Forman and Jocelyn Bond, as well as former Assistant U.S. Attorney Angela Buckner.
Providence Man Sentenced to Six Years in Federal Prison for Trafficking FentanylRead the Press Release
PROVIDENCE, RI – A Providence man who arranged for more than a half-dozen substantial-sized deliveries of fentanyl to another person has been sentenced to six years in federal prison, announced United States Attorney Zachary A. Cunha.
Hector Diaz, 30, pleaded guilty on November 28, 2023, to a charge of conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl and to a charge of distribution of fentanyl. He was sentenced today by U.S. District Court Chief Judge John J. McConnell, Jr., to 72 months of incarceration to be followed by four years of federal supervised release.
According to information presented to the court, on at least seven occasions beginning in late November 2021, Diaz either personally delivered fentanyl to an individual known to the FBI Rhode Island Safe Streets Task Force or arranged for another person to deliver fentanyl at his behest to that same person. Deliveries of fentanyl ranged from 25.03 grams to 99.08 grams. Each delivery of fentanyl was monitored by members of the FBI Rhode Island Safe Streets Task Force and the drugs were quickly seized by a member of law enforcement.
The case was prosecuted by Assistant U.S. Attorney Stacey A. Erickson.
The FBI Rhode Island Safe Streets Task Force is comprised of members of the FBI, Central Falls Police Department, Woonsocket Police Department, Pawtucket Police Department, West Warwick Police Department, Cranston Police Department, and the United States Marshals Service.
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Providence Man Sentenced to Federal Prison for Arranging the Sale of a Firearm and Methamphetamine While Incarcerated in Rhode Island State PrisonRead the Press Release
PROVIDENCE, RI – A Providence man who continued to direct and run his established drug trafficking business on the streets of Providence, and who attempted to arrange the illegal sale of a firearm he illegally possessed, all while incarcerated at the Adult Correctional Institutions (ACI) on unrelated charges, has been sentenced to more than six years in federal prison, announced United States Attorney Zachary A. Cunha.
Ronald M. Kramer, 39, pleaded guilty on August 16, 2023, to charges of conspiracy to possess with intent to distribute 50 grams or more of methamphetamine; possession with intent to distribute 50 grams or more of methamphetamine; and possession of a firearm by a prohibited person. He was sentenced today by U.S. District Court Judge William E. Smith to 78 months of incarceration to be followed by four years of federal supervised release.
At the time of his guilty plea, Kramer admitted to a federal judge that, while confined at the ACI in February 2021, he learned of an individual outside of the prison who might be interested in purchasing a firearm that Kramer illegally possessed and was trying to get rid of. Kramer provided the information to his then-girlfriend, who arranged to meet with the potential buyer to sell him the firearm. Subsequently, at Kramer’s direction, the woman also made two deliveries of methamphetamine pills, totaling more than 244 grams, to the buyer of the firearm.
The person who took possession of the firearm and the drugs was, in fact, a Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) undercover agent.
The case was prosecuted by Assistant United States Attorney Ronald R. Gendron.
The matter was investigated by ATF, with the assistance of the Providence Police Department.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
United States Attorney Cunha thanks the Rhode Island Department of Corrections, United States Postal Inspection Service, United States Marshals Service, Rhode Island State Police, and the Pawtucket, Providence, Cranston, and North Providence Police Departments for their assistance in the investigation of this case.
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Philadelphia Man Pleads Guilty to Murder in a Case Involving Two Carjackings of Food Delivery DriversRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that John Nusslein, 19, of Philadelphia, PA, pleaded guilty today to one count of conspiracy to commit carjacking, one count of carjacking resulting in death, and one count of carjacking resulting in serious bodily injury.
Nusslein was charged by indictment in June 2022 with these offenses, in connection with a series of carjackings of food delivery drivers in Northeast Philadelphia during November and December of 2021.
According to the indictment, the defendant and others committed two carjackings during the course of the conspiracy that took place between November 29, 2021, and December 29, 2021. The incidents detailed are as follows:
- On December 2, 2021, Nusslein and two others placed a food delivery order to an address on the 3000 block of Teesdale Street in Philadelphia, as a ruse to lure their intended victim to that location. At approximately 7:00 p.m., when C.C., a food delivery driver, arrived at that location, Nusslein, Person 1, and Person 2 approached C.C. and struck him repeatedly to facilitate the taking of C.C.’s vehicle, a 2004 Toyota Camry. Nusslein, Person 1, and Person 2 then fled the area in C.C.’s stolen Toyota Camry. C.C. was later taken to the hospital by first responders. On December 21, 2021, C.C. succumbed to his injuries and the Philadelphia Medical Examiner’s Office determined that the cause of death was the assault that C.C. sustained during the carjacking.
- On December 16, 2021, Nusslein and Person 1 placed a food delivery order to an address on the 9000 block of Hilspach Street in Philadelphia, as a ruse to lure their intended victim to that location. At approximately 9:10 p.m., when W.Z., a food delivery driver, arrived at that location, Nusslein and Person 1 approached W.Z., pointed a firearm at him, demanded his money, and struck him to facilitate the taking of W.Z.’s vehicle, a 2015 Infiniti QX5. Nusslein and Person 1 then fled the area in W.Z.’s stolen Infiniti QX5.
“The fact that these carjackers specifically lured two innocent people trying to make a living is despicable,” said U.S. Attorney Romero. “That Nusslein and the others so brutally beat one driver that his injuries proved fatal is horrific. We and our partners on the Philadelphia Carjacking Task Force simply won’t permit violent offenders like Nusslein to victimize people with impunity. They will be prosecuted, and they will go to prison for a very long time.”“Carjacking is a serious federal crime with lengthy prison sentences. This case also demonstrates that carjacking is a deadly dangerous crime,” said Eric J. DeGree, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Philadelphia Field Division. “ATF Philadelphia Field Division is working diligently with our partners in the Philadelphia Carjacking Task Force, sharing the ATF’s unique forensic and investigative tools to ensure justice for the victims and to make our communities safer through federal prosecution.”
“This case is a tragic reminder that carjackings can have deadly consequences,” said Philadelphia Police Commissioner Kevin J. Bethel. “The senseless assault on these food delivery drivers is appalling and unacceptable. I commend the outstanding collaboration between the Philadelphia Police Department, the ATF, and the U.S. Attorney's Office for their work in bringing this case to justice. Our carjacking task force remains vigilant in investigating these crimes and will continue to work tirelessly to ensure the safety of Philadelphians.”
Nusslein is set to be sentenced on July 31, 2024, before United States District Court Judge John M. Younge, and faces a maximum possible sentence of life in prison.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Philadelphia Police Department and is being prosecuted by Assistant United States Attorney Lauren E. Stram and Assistant United States Attorney Robert E. Eckert.
Oncology Practice, Physicians, and Reference Laboratory to Pay over $4 Million to Settle False Claims Act AllegationsRead the Press Release
Oncology San Antonio, PA and its affiliated physicians have agreed to pay $1.3 million, and CorePath Laboratories, PA has agreed to pay $2,746,275.22 plus accrued interest, in civil settlements with the United States and the State of Texas to resolve alleged violations of the False Claims Act.
The United States alleged that Oncology San Antonio, a hematology and oncology practice, entered an unlawful kickback arrangement with CorePath Laboratories, a San Antonio-based diagnostic reference laboratory, in August 2016. CorePath Laboratories provided in-office bone marrow biopsy services at Oncology San Antonio practice locations and performed subsequent diagnostic testing on the biopsies. According to the United States, CorePath Laboratories agreed to pay $115 for each biopsy referred by Oncology San Antonio and its physicians. The payments for each referred biopsy were paid to the private practice entities of three Oncology San Antonio physicians.
The United States contended that the payments for referrals of biopsies constituted kickbacks within the meaning of the Anti-Kickback Statute and that the terms of the written agreement between Oncology San Antonio and CorePath Laboratories failed to meet any statutory safe harbor. The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by a federal health care program, such as Medicare, Medicaid, or TRICARE. Claims submitted in violation of the Anti-Kickback Statute may give rise to liability under the False Claims Act.
The civil settlement with Oncology San Antonio and its physicians also resolves allegations that Dr. Jayasree Rao, through Oncology San Antonio and her own oncology and hematology practice entity, provided medically unnecessary tests, services, and treatments to Medicare, TRICARE, and Texas Medicaid beneficiaries in the San Antonio Metro Area, and billed the federal healthcare programs for the medically unnecessary tests, services and treatments.
“Illegal financial incentives to physicians undermine the integrity of our healthcare system and impair the objective judgment of the community’s healthcare professionals,” said U.S. Attorney Jaime Esparza. “These settlements demonstrate my office’s commitment to protect federal healthcare programs against such violations, as well as other efforts to defraud these programs.”
Dr. Rao and her practice entity also entered a three-year Integrity Agreement with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG).
“Violations of the Anti-Kickback Statute involving oncology services can waste scarce federal health care program funds and corrupt the medical decision-making process,” said Special Agent in Charge Jason E. Meadows with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). "Individuals who participate in the federal health care system are required to obey laws meant to preserve both the integrity of program funds and the provision of appropriate, quality services to patients."
“The TRICARE Program is vital to the health and well-being of our warfighters, retirees, and their families,” said Acting Special Agent in Charge Greg Shilling of the Southwest Field Office of the Defense Criminal Investigative Service (DCIS), the law enforcement arm of the Department of Defense’s Office of Inspector General. “Today's settlement announcement highlights the steadfast commitment of DCIS and our investigative partners to holding accountable those who seek to enrich themselves by jeopardizing the healthcare of TRICARE beneficiaries and defrauding American taxpayers.”
The civil settlement with Oncology San Antonio and its physicians also resolves claims brought under the qui tam, or whistleblower, provisions of the False Claims Act by Dr. Slavisa Gasic, a physician formerly employed by Dr. Rao. The qui tam provisions of the False Claims Act permit private parties to file an action on behalf of the United States and receive a share of any recovery. The qui tam case is captioned Unites States and Texas. ex rel. Gasic v. Oncology San Antonio, P.A., and Jayasree N. Rao, M.D., No. SA-16-CV-001140-XR (W.D. Tex.).
This matter was investigated through the coordinated efforts of the U.S. Attorney’s Office for the Western District of Texas; the Office of Inspector General of the United States Department of Health and Human Services San Antonio Field Office; the Department of Defense’s Defense Criminal Investigative Service San Antonio Resident Agency; and the Office of the Attorney General of Texas Civil Medicaid Fraud Division.
Assistant U.S. Attorney Erin Van De Walle negotiated the settlements on behalf of the government.
The investigation and resolution of this matter illustrate the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Omaha Nonprofit Director Sentenced to 4 Months in Prison for Wire FraudRead the Press Release
United States Attorney Susan T. Lehr announced that on April 2, 2024, Brenda K. Banks, 61, of Omaha, Nebraska, was sentenced in federal court in Omaha for wire fraud. United States District Judge Robert F. Rossiter, Jr. sentenced Banks to 4 months’ imprisonment. There is no parole in the federal system. After her release from prison, Banks will be required to complete a 3-year term of supervised release, of which she is required to serve the first 8 months on home confinement. Banks was ordered to pay restitution in the amount of $83,087.01 and was fined an additional $5,000.00.
In 2018 and 2019, Banks, then-Executive Director of Angels on Wheels (AOW), submitted fraudulently altered documents to the Nebraska Environmental Trust (NET) to receive grant disbursements. These grants were awarded to AOW, a charitable nonprofit organization, to manage electronic collection and recycling events. Banks submitted applications and other documents to the NET to obtain the grant disbursements from the NET for two grants totaling $220,234. The NET required Banks to submit documentation, such as invoices or images of checks, prior to the distribution of any grant funds. In order to receive reimbursement for purported grant expenses, Banks repeatedly submitted false documents, to include altered check images and fictitious invoices, to the NET. For example, Banks fraudulently altered images of checks by whiting out the names of the individuals or companies that the checks had been paid to and writing names of other entities or organizations. Banks then presented the images of the altered checks to the NET. The NET relied upon Banks’s fraudulent submission of documents to award the grants, and to disburse funds in furtherance of the grants.
Similarly, during the same period, Banks submitted applications and other documents to the Nebraska Department of Environment and Energy (NDEE) to receive disbursements of funds from three additional grants for litter reduction & recycling totaling $184,141. As she did with the grants awarded by the NET, Banks submitted false documents, to include falsified check images, fictitious invoices, and unsupported payroll reports, to the NDEE. The NDEE relied upon Banks’s fraudulent submission of documents to award the grants, and to disburse funds in furtherance of the grants.
Both the NET and NDEE are funded through the Nebraska Lottery and grants are made available for the completion of projects for the public good. In their respective agreements with grantees, grantees must not provide false or misleading information regarding actual documented expenses incurred during the application process or quarterly reporting process. In the case of each of the five grants awarded, Banks sought reimbursement for the full amount of the grant funds at least in part through her submission of altered and fabricated evidence of expenses.
Additionally, on April 27, 2020, Banks applied to Great Western Bank for a Paycheck Protection Program (PPP) loan on behalf of Angels on Wheels. As part of Angels on Wheels application to receive the PPP loan, Banks submitted a Board Resolution that falsely represented that AOW’s Board met on April 22, 2020, and that all of AOW’s Board members were present at a meeting and voted for Banks to be appointed as the individual who was authorized to apply for the loan on behalf of AOW. In fact, AOW’s Board of Directors held no such meeting and was not aware that Banks had applied for a PPP loan for AOW. On May 11, 2020, $60,420 of PPP loan funds were disbursed and deposited into the Great Western Bank account that Banks had opened using the fraudulent Board minutes. The PPP loan was later forgiven by Great Western Bank, though no funds were repaid.
This case was investigated by the Federal Bureau of Investigation.
Omaha Man Sentenced for Unlawful Firearm PossessionRead the Press Release
United States Attorney Susan Lehr announced that Jimmie D. Windham, III, 28, of Omaha, Nebraska, was sentenced April 2, 2024, in federal court in Omaha for being a felon in possession of a firearm. Senior United States District Judge John M. Gerrard sentenced Windham to 48 months’ imprisonment. There is no parole in the federal system. After Windham’s release from prison, he will begin a 3-year term of supervised release.
On June 5, 2021, Omaha Police Department (OPD) gang unit officers conducted a traffic stop on a vehicle occupied by three males, one of whom had a warrant for his arrest. This led officers to seizing cell phones and ultimately searching them pursuant to a court authorized search warrant.A forensic investigation of one of the phones revealed several videos and photographs showing Windham possessing a Sig Sauer 9mm handgun. In videos, Windham is seen pointing the firearm at the camera and ejecting live ammunition from the gun. At one point, a partial serial number can be seen, which officers used to trace the firearm to its owner who revealed the firearm to have been stolen several months earlier. Investigators utilized metadata of the photographs and videos to find exact date and location where photographs were taken, revealing Windham to have been in Omaha, Nebraska during the time he possessed the firearm.
Windham has the following prior felony convictions: Terroristic Threats and Witness Tampering (January 9, 2017), both in the District Court of Douglas County, Nebraska and Unlawful User of a Controlled Substance in Possession of a Firearm (October 27, 2015), in the United States District Court for the District of Nebraska.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosive and the Omaha Police Department.
Olympia, Washington, resident pleads guilty to threatening federal worker and agrees to hate-crime enhancementRead the Press Release
Tacoma – A 42-year-old Thurston County resident pleaded guilty today in U.S. District Court in Tacoma to making a threat against a Black federal employee at the Social Security office in Olympia, Washington, announced U.S. Attorney Tessa M. Gorman. Steven L. Veres was initially charged in July 2023, and will be sentenced by U.S. District Judge Benjamin H. Settle on June 25, 2024.
According to records filed in the case, on February 16, 2023, Veres and a companion went to the Olympia Social Security Office seeking a replacement Social Security card. When a Black Social Security employee told Veres that Veres lacked the proper paperwork to obtain a new Social Security card, Veres became irate, threatening to assault and, per some witnesses, kill the worker. Veres also repeatedly yelled racial slurs at the employee.
Veres pleaded guilty to Influencing a Federal Official by Threat. He also agreed to the application of the United States Sentencing Guidelines’ hate-crimes enhancement, which increases his offense level by three levels because he targeted the victim because of the victim’s perceived race or color.
Under the terms of the plea agreement, both sides will ask for a sentence of 30 months in prison. If the court accepts the plea agreement at the sentencing hearing, the recommendation will bind the Court.
As part of the plea agreement, Grays Harbor County will dismiss an unrelated prosecution against Veres for attempting to elude a police officer.
The case is being investigated by the Federal Protective Service.
The case is being prosecuted by Assistant United States Attorneys Will Dreher, Jocelyn Cooney, and Elyne Vaught in coordination with the U.S. Department of Justice’s Civil Rights Division.
Oklahoma Chiropractic Clinic, Owner, and Referring Physicians Pay $465,000 to Settle Federal False Claims Act and Kickback AllegationsRead the Press Release
OKLAHOMA CITY – Croas 1 LLC d/b/a Chiropractic Associates (“Chiropractic Associates”) and Scott Kirkpatrick, D.C. (“Dr. Kirkpatrick”), paid $365,000 to resolve allegations that they wrongfully paid physicians to induce referrals of durable medical equipment (“DME”), resulting in the submission of false claims to the Medicare program, announced United States Attorney Robert J. Troester. In separate agreements Cash Biddle, D.O. (“Dr. Biddle”), and Chad Keeney, D.O. (“Dr. Keeney”), each paid $50,000 to resolve allegations they received remuneration from Chiropractic Associates and/or Dr. Kirkpatrick for the purpose of inducing referrals of Medicare DME orders.
Chiropractic Associates was an Oklahoma limited liability company that provided chiropractic, medical, and DME services in Ponca City, Oklahoma. Dr. Kirkpatrick is a chiropractic physician licensed to practice in the State of Oklahoma and was the sole member of Chiropractic Associates. Dr. Biddle and Dr. Keeney are osteopathic physicians licensed to practice in the State of Oklahoma.
The United States alleges that from October 2017 through July 2021, Chiropractic Associates and Dr. Kirkpatrick violated the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b (“AKS”) and/or the Physician Self-Referral Law (commonly referred to as the “Stark Law”) by paying remuneration to referring providers for the purpose of inducing referrals of Medicare DME orders. The United States also alleges that Dr. Biddle and Dr. Keeney received such remuneration at certain times.
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded programs. The Physician Self-Referral Law, commonly known as the Stark Law, prohibits a DME supplier from billing Medicare for certain services referred by physicians with whom the DME supplier has an improper financial arrangement, including the payment of compensation that exceeds the fair market value of the services actually provided by the physician. Both the Anti-Kickback Statute and the Stark Law are intended to ensure that physicians’ medical judgments are not compromised by improper financial incentives and instead are based on the best interests of their patients. Claims submitted under the Anti-Kickback Statute and the Stark Law violate the False Claims Act.
To resolve these allegations, Chiropractic Associates and Dr. Kirkpatrick paid $365,000 to the United States, and Dr. Biddle and Dr. Keeney each paid $50,000.
In reaching this settlement, Chiropractic Associates, Dr. Kirkpatrick, Dr. Biddle, and Dr. Keeney did not admit liability, and the government did not make any concessions about the legitimacy of the claims. The agreements allow the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
Assistant U.S. Attorneys Amanda R. Johnson and Ronald R. Gallegos prosecuted the case. Investigative assistance was provided by HHS-OIG and HHS-OIG Office of Audit Services.
North Port Man Pleads Guilty to Stealing Firearm from Firearms DealerRead the Press Release
Fort Myers, Florida – United States Attorney Roger B. Handberg announces that James Michael O’Brien (48, North Port) has pleaded guilty to theft of a firearm from a firearms dealer. O’Brien faces a maximum penalty of 10 years in federal prison. He has also agreed to forfeit the stolen firearm. A sentencing date has not yet been set.
According to the plea agreement, on January 17, 2024, O’Brien entered a federal firearms dealer in Charlotte County, concealed a pistol that was on display, and left the store without paying for it. When confronted by ATF personnel later that night about the firearm theft, O’Brien had the stolen pistol on his person.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Mark Morgan.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make out neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in first place, setting focused and strategic enforcement priorities, and measuring the results.