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4 December 2023
Med First Agrees to Pay $1,450,000 to Resolve Health Care Fraud Allegations in South Carolina ClinicRead the Press Release
GREENSBORO - Med First Immediate Care & Family Practice, P.A. (Med First) has agreed to pay the government $1,450,000 to resolve False Claims Act allegations that its clinic in Dillon, South Carolina had been operating as a pill mill and falsely filing claims to Medicare and Medicaid for medically unnecessary urine drug testing (UDT), as well as lengthy and complex office visits that were not performed, announced U.S. Attorney Sandra J. Hairston.
The United States and the State of North Carolina alleged that between January 1, 2015, and August 15, 2019, Med First, through its Dillon clinic, knowingly submitted or caused to be submitted claims to Medicare and Medicaid for presumptive and definitive UDT that were not medically reasonable or necessary. Presumptive UDT are tests that screen for the presence of drugs, and definitive UDT are tests that identify the concentration of those drugs in a patient’s system. The government contended that Med First performed both of these tests at nearly every patient office visit for patients on opioid therapy, and that the majority of patients at the Dillon clinic were receiving opioids during the relevant time period. Med First performed the repetitive testing without conducting individualized determinations of need or risk profile. In addition, the results of the UDT were often disregarded as the opioid prescription rarely altered despite unexpected UDT results.
The United States and the State of North Carolina further alleged that Med First billed for office visits, known as Evaluation and Management (E/M) services, at higher levels of complexity than actually provided to patients. There are five levels of E/M services, and the higher the level billed, the more complex and often lengthier the office visit must be. The government alleges that the Dillon clinic provider did not engage in complex office visits when spending little time with patients and simply refilling opioid prescriptions.
The United States initiated its investigation when a whistleblower filed a lawsuit under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The whistleblower will receive $261,000 as his share of the governments’ recovery in this matter. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can also be reported to the Department of Health and Human Services at 800 HHS TIPS (800-447-8477).
“This office is committed to fighting against the opioid epidemic using all available resources, including the False Claims Act,” said Sandra J. Hairston, United States Attorney for the Middle District of North Carolina. “The government must deter all providers, and particularly those who prey on vulnerable populations, from enriching themselves off the federal health care programs with the submission of services that are not provided for legitimate medical need.”
“We are continuing to confront a deadly opioid crisis, brought on in part by irresponsible health care providers who flooded their community with unnecessary opioids pills,” said Attorney General Josh Stein. “My office will continue working with our state and federal partners to hold accountable providers who defraud North Carolina taxpayers and harm our people.”
"Providers who put their own profits above their professional responsibilities to appropriately serve their patients and to honestly bill federal health programs put both patient well-being and taxpayer funding at risk,” said Tamala E. Miles, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General. "Our agency, working closely with our law enforcement partners, will continue to investigate alleged health care fraud schemes to protect these safety net programs and the enrollees relying on them."
This case was handled by the U.S. Attorney’s Office for the Middle District of North Carolina with assistance from the Office of Inspector General of the United States Department of Health and Human Services, as well as the North Carolina Attorney General’s Medicaid Investigations Unit. The United States was represented by Assistant United States Attorney Rebecca Mayer.
The lawsuit is captioned United States of America and the State of North Carolina ex rel. Piramzadian v. Med First Immediate Care and Family Practice, P.A., et al., No. 20-CV-352 (M.D.N.C.). The claims settled by this agreement are allegations only, and there has been no determination of liability. The Settlement Agreement is not an admission of liability or wrongdoing by Med First.
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Maryland man sentenced for fentanyl traffickingRead the Press Release
MARTINSBURG, WEST VIRGINIA – Warren Thomas Gray, also known as “Stix,” age 25, of Baltimore, Maryland, was sentenced to24 months for his role in an Eastern Panhandle fentanyl trafficking operation.
According to court documents and statements made in court, Gray was one of the ringleaders of the fentanyl trafficking operation, supplying fentanyl from Baltimore to Shanklin and others to distribute in Hampshire, Mineral, and Morgan Counties. During the investigation, officers seized several firearms, ammunition, and U.S. currency.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government.
The Potomac Highlands Drug Task Force, a HIDTA-funded initiative, led the investigation. The Task Force consists of members from the Federal Bureau of Investigation, the Drug Enforcement Administration, the West Virginia State Police, the Mineral County Sheriff’s Office, the Hampshire County Sheriff’s Office, the Hardy County Sheriff’s Office, the Grant County Sheriff’s Office, and the Keyser Police Department. The Hampshire County Prosecutor’s Office assisted.
U.S. District Judge Gina M. Groh presided.
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Maryland Man Sentenced to Five Years for Scheme that Bilked Benevolent Donors of Charitable ContributionsRead the Press Release
WASHINGTON – James Trankle, 55, previously of Churchton, Maryland, was sentenced to 60 months in prison for conspiracy to commit mail and bank fraud, and five additional counts of bank fraud. The charges all stemmed from a scheme in which Trankle created fake charities, solicited donations, and then stole the identities of the donors he tricked into giving funds. Many of the victims were older adults.
The sentence, in posted on December 1, 2023, was announced by U.S. Attorney Matthew M. Graves and Inspector-in-Charge Damon Wood of the U.S. Postal Inspection Service – Washington Division. In addition to the prison term, U.S. District Judge Trevor N. McFadden ordered five years of supervised release, restitution of $204,561, and forfeiture of $135,327.
Trankle was found guilty on May 15, 2023, following a jury trial in the U.S. District Court for the District of Columbia. According to evidence presented in court, from 2013 to 2018 Trankle and his co-defendant, Stephen Sibert, created fake charities, registered those entities with the D.C. Department of Consumer and Regulatory Affairs (DCRA), and then presented them as legitimate charities. Among the examples included the bogus “Disabled and Paralyzed Veterans Fund,” the “National Breast Cancer Awareness Fund,” and the “Children’s Leukemia of America Fund.”
Trankle used a post office box address in Washington, D.C., as the official mailing address for the fake charities. He opened numerous bank accounts in the names of the fraudulent charities. And he sent solicitations via U.S. mail to thousands of potential donors—his targeted victims—nationwide, asking the recipients to send personal checks as donations. Through the scheme, Trankle obtained over 1,600 personal checks from victims who thought they were making charitable gifts. Trankle then deposited those checks into bank accounts that he and Sibert controlled. The government’s analysis of those accounts showed that the conspirators obtained more than $45,000 from their victims who falsely believed that they were giving money to legitimate organizations.
In addition, using the bank account and routing information from the victims’ checks, the conspirators printed additional unauthorized counterfeit checks payable to their fraudulent charities that were then drawn against the victims’ personal checking accounts. The conspirators deposited those unauthorized counterfeit checks into the bank accounts they controlled, and then later withdrew the money and spent the funds on personal expenses. In total, Trankle and Sibert deposited more than 700 counterfeit checks with a total value of more than $150,000.
The fraudulent charities did not perform any of the charitable work described in their solicitations, nor did the fraudulent charities provide any significant funds to other charities that did so. Trankle concealed his scheme under the guise of operating a church from his office in Maryland.
This case was investigated by the U.S. Postal Inspection Service, Washington Division. It was prosecuted by Assistant U.S. Attorneys John Borchert and Brian Kelly, and Paralegal Specialist Gina Torres Trujillo.
Man Sentenced for Illegal Possession of a Firearm After Felony ConvictionRead the Press Release
NEW ORLEANS, LOUISIANA – CARLSEL ALEXANDER, age 27, a resident of Baton Rouge, Louisiana, was sentenced on November 30, 2023 by United States District Judge Susie Morgan, for possession of a firearm by a convicted felon, a violation of Title 18, United States Code, Section 922(g)(1), announced United States Attorney Duane A. Evans.
The indictment alleged that ALEXANDER was a convicted felon in possession of a FN Model 509, 9-millimeter semiautomatic handgun.
ALEXANDER was sentenced to thirty-three (33) months imprisonment followed by three (3) years of supervised release, and was ordered to pay a mandatory special assessment fee of $100.
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 United States Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Orleans Police Department. It was prosecuted by Assistant United States Attorney Troy Bell of the General Crimes Unit.
Man Admits Laundering Money for Drug Dealers in St. LouisRead the Press Release
ST. LOUIS – A man from Lake St. Louis, Missouri on Monday admitted laundering money for methamphetamine dealers operating in the St. Louis area.
Melvin Hayes, 66, pleaded guilty in U.S. District Court in St. Louis to misprision of a felony.
Hayes admitted working on behalf of Demond Bernard McDaniels Jr., Dawaune Lamont Rhodes Jr. and others who were distributing methamphetamine. He also admitted being caught on Oct. 8, 2020, in Kansas with 45 bundles of meth weighing about 100 pounds. Hayes had picked the meth up in Colorado and was bringing it to McDaniels. He told investigators that he would be paid for the trip but didn’t tell them he shared the profits from drug sales.
Hayes made three to four additional trips bringing cash from drug sales to Los Angeles and picking up meth, his plea says.
A subsequent investigation recovered a total of $115,755 in cash associated with Rhodes and McDaniels.
Hayes also admitted amassing assets worth about $2.6 million by using drug profits to buy real estate, vehicles and other assets and using his limousine business to hide the source of cash.
Hayes is scheduled to be sentenced March 26, 2024. The misprision charge is punishable by up to three years in prison and a $250,000 fine. Hayes has already agreed to forfeit $250,000, which represents the approximate value of properties he bought via his money laundering activities.
Rhodes, of St. Louis, and McDaniels, of St. Charles, were each sentenced this year to 10 years in prison.
The Drug Enforcement Administration and the U.S. Postal Inspection Service investigated the case. Assistant U.S. Attorney Paul D’Agrosa is prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Maine Man Convicted for Role in Methamphetamine ConspiracyRead the Press Release
BOSTON – A Maine man has been convicted by a federal jury in Boston in connection with his role in a methamphetamine trafficking conspiracy that operated in Massachusetts, New Hampshire and Northern California.
Jacob Parlin, 44, of Lebanon, Maine, was convicted on Nov. 30, 2023 of one count of conspiracy to distribute and to possess with intent to distribute 50 grams or more of methamphetamine and one count of distribution of and possession with intent to distribute 50 grams or more of methamphetamine. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for March 7, 2024.
Parlin was indicted along with nine others in December 2021. Evidence presented at trial established that, beginning in or about March of 2020 through May of 2021, Parlin conspired with others to distribute and possess with intent to distribute methamphetamine in an amount greater than 50 grams.
Parlin is the 10th and final defendant to be convicted in the case.
Each of the charges carry a mandatory minimum sentence of 10 years and up to life in prison, up to a lifetime of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement. Assistant U.S. Attorneys Nadine Pellegrini and Amanda Beck of the Criminal Division are prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Lyon County Man Pleads Guilty to Wire Fraud in Scheme to Defraud Midwest Livestock ProducersRead the Press Release
A Lyon County man who defrauded pork producers while working as the regional manager of an Iowa livestock dealer pled guilty on December 1, 2023, in federal court in Cedar Rapids. Robert Harry Bickerstaff, age 52, from Rock Rapids, Iowa, was convicted of one count of wire fraud.
At the plea hearing and in his plea agreement, Bickerstaff admitted that he had worked as a regional manager for an Iowa livestock dealer between 2018 and 2021. As regional manager, Bickerstaff oversaw livestock buying stations in Iowa, Minnesota, and South Dakota. From time to time, Bickerstaff also personally counted, classified, and weighed swine at these stations.
Bickerstaff admitted he participated in a scheme to defraud livestock producers personally and by directing others to (1) falsely and fraudulently lower the weights and reduce the numbers and classifications of swine that producers and sellers had delivered to the dealer at its buying stations; (2) manipulate the weights of swine either manually or using a crowbar, paddle, or other similar object, and thus defeat the electronic scales on which livestock producers’ swine was weighed at his buying stations; and (3) create fraudulent “sort sheets” and scale tickets containing false numbers, classifications, and weights of producers’ swine for transmission to the dealer’s headquarters in Waucoma, Iowa. Finally, concerned about a potential investigation into his conduct in early 2021, Bickerstaff instructed others to destroy anything with his name on it.
In addition to working for the livestock dealer, Bickerstaff was a pork producer himself. In February 2022, Bickerstaff won a “Hog Wild” award from a statewide pork producers’ association for his role in promoting pork in Lyon County, Iowa.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Bickerstaff remains free on bond previously set pending sentencing. Bickerstaff faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, and 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Timothy L. Vavricek and was investigated by the United States Department of Agriculture, Office of Inspector General, and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 23-CR-2026.
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Laredo man guilty of drug trafficking violations in the Eastern District of TexasRead the Press Release
PLANO, Texas – A Laredo man pleaded guilty to federal drug trafficking violations in the Eastern District of Texas on the day his jury trial was set to begin, announced U.S. Attorney Damien M. Diggs.
Jorge Elias Golarte, 54, of Laredo, Texas and Monterrey, Mexico, pleaded guilty to conspiracy to possess with the intent to distribute and distribution of methamphetamine, cocaine, heroin, and marijuana before U.S. District Judge Sean Jordan today.
According to information presented in court, Golarte, who is in the shipping business in Laredo, Texas and Monterrey, Mexico, admitted to his role in the conspiracy, distributing marijuana and cocaine from various sources which would then be provided to co-conspirators and distributed during the conspiracy in the Eastern District of Texas and elsewhere. Golarte will also forfeit ownership of one of his Margo Logistics tractor-trailers.
Golarte faces a minimum of 10 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case is investigation involves the Drug Enforcement Administration, Laredo and Dallas, the U.S. Border Patrol, the Dallas Police Department, and the Lewisville Police Department and is prosecuted by Assistant U.S. Attorneys Heather Rattan and Kevin McClendon.
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Justice Department Files Statement of Interest in Religious Land Use Case Involving Orthodox Jewish CongregationRead the Press Release
The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey filed a statement of interest today explaining that an Orthodox Jewish congregation’s claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA) are ready to be decided in federal court.
“RLUIPA is designed to ensure that religious groups of all faiths do not face unjust barriers when seeking to establish places to worship,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Local land use boards cannot unfairly or discriminatorily deny a religious group’s application to use land for religious purposes. When local officials use the guise of zoning restrictions to block or restrict religious groups, this not only contravenes our nation’s commitment to religious freedom, it also violates federal law.”
“The U.S. Attorney’s Office is committed to ensuring that all religious communities in our District have the ability to worship freely and without discrimination,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “We will continue our work to enforce RLUIPA, and to ensure that local boards apply the law fairly and correctly so that communities of faith may exercise their fundamental rights and that their land use applications are not unlawfully denied on the basis of their religion or in a manner that unlawfully burdens the free exercise of religion.”
The statement of interest was filed in Chai Center for Living Judaism v. Township of Millburn, as part of a lawsuit centering around an Orthodox Jewish congregation’s application to build a synagogue that was denied. The lawsuit alleges that denial of the application imposed a substantial burden on the congregation’s religious exercise, discriminated against the congregation based on its religion, unreasonably limited its religious assembly and treated it worse than comparable secular uses.
The lawsuit also alleges that certain parts of the township’s land-use regulations, including its requirement that houses of worship be located on lots at least three-acres in size, violate RLUIPA. The township filed a motion, arguing that the RLUIPA claims should be dismissed based on a state-law standard used by New Jersey state courts in reviewing zoning decisions. The motion also argues that the RLUIPA claims are not ready to be heard in federal court because the zoning denial was based on procedural grounds.
The statement of interest explains that the congregation’s claims must be evaluated based on the statutory elements laid out in RLUIPA, and that state-law standards of review do not apply to RLUIPA claims. The statement of interest also argues that the congregation’s RLUIPA claims are ready to be adjudicated by the federal court because the township reached a final decision on the zoning application, which, as plaintiffs alleged, inflicted an injury on plaintiffs by preventing them from using their land for their religious needs.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.
As part of this initiative, the department has obtained relief under RLUIPA to combat antisemitism and other forms of religious hate, including in Airmont, New York, where the department recently secured a consent order requiring the Village of Airmont to stop discriminating against its Orthodox Jewish residents. Additionally, the department recently hosted an outreach forum with religious leaders at Seton Hall Law School in Newark, New Jersey, on combating religious discrimination under RLUIPA, and plans to hold additional outreach events in the coming months.
Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the U.S. Attorney’s Office Civil Rights Division at (855) 281-3339 or the Civil Rights Division’s Housing and Civil Enforcement Section at (833) 591-0291 or may submit a complaint through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, can be found at www.justice.gov/crt/about/hce/rluipaexplain.php.
millburn_statement_of_interest_filed.pdfJury Convicts Man of Sex Trafficking and Obstruction of a Sex Trafficking ProsecutionRead the Press Release
A federal jury in the District of Maine on Friday convicted Ricardo Middleton, aka Red, 32, of Boston, of sex trafficking and obstruction of a sex trafficking prosecution, after a four-day trial. Middleton was found guilty of sex trafficking a young woman through force, fraud and coercion, and, while detained pending trial, of instructing a co-defendant not to incriminate him.
The evidence presented at trial demonstrated that Middleton targeted a heroin-addicted 25-year-old woman living in South Portland, Maine. He compelled her to engage in commercial sex, using drugs, lies, intimidation, physical violence and rape as means to control her. Testimony provided details of the three days in November 2015, in which Middleton, along with co-defendants Sherry Jones of Dorchester, Massachusetts, and Mathew Thatcher of Scarborough, Maine, transported the victim to several locations in Maine and Massachusetts. Along the way, Middleton berated the victim, slapping her, punching her and throwing pennies at her when she said she was hungry and asked to buy food. The victim testified to painful details, including how the defendant raped her, and told her that he was “going to make a lot of money off” her.
“This defendant preyed on this vulnerable victim, and used cruel and brutal violence to coerce her into commercial sex acts for his own financial gain,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We thank this survivor for coming forward and courageously reporting her harrowing experience. The Justice Department will vigorously prosecute human trafficking crimes to hold offenders accountable, to seek justice for survivors and to affirm their rights and dignity.”
“The prosecution of human trafficking in Maine is a top priority for my office, and this verdict ensures that Middleton will be held accountable for this unconscionable crime,” said U.S. Attorney Darcie N. McElwee for the District of Maine. “Human trafficking takes advantage of our most vulnerable citizens and seeks to rob them of their basic human rights. Middleton perpetrated significant violence upon this victim, including sexual assault, all to coerce and exploit her into committing commercial sexual acts for Middleton’s own profit and gain.”
“Middleton and his collaborators treated their victims like property, exploiting their addiction and using horrific violence to ensure compliance. He further attempted to silence those who were prepared to testify against him, but after today’s guilty verdict Middleton is facing a significant sentence in federal prison, far away from those he’s victimized,” said Special Agent in Charge Michael J. Krol of Homeland Security Investigations (HSI) New England Field Office. “I want to extend my heartfelt thanks to the survivor who made her voice heard, reliving what were surely some of the most terrifying moments of her life. HSI will never cease in its mission to investigate human traffickers and help survivors find the support they deserve to begin a new life with dignity.”
Prior to the defendant’s trial, Jones pleaded guilty to conspiracy to commit sex trafficking, and Thatcher pleaded guilty to interstate travel in aid of racketeering. Neither testified at trial. All three defendants are scheduled to be sentenced on a future date. Middleton faces a mandatory minimum penalty of 15 years in prison and a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The HSI New England Field Office, Office of the Portland Resident Agent in Charge investigated the case, with assistance from the Biddeford Police Department, Portland Police Department, South Portland Police Department, Topsham Police Department and Saco Police Department.
Assistant U.S. Attorney David Joyce for the District of Maine and Trial Attorney Meghan Tokash and Deputy Director William Nolan of the Civil Rights Division’s Human Trafficking Prosecution Unit are prosecuting the case.
Anyone who has information about human trafficking should report that information to the National Human Trafficking Hotline toll-free at 1-888-373-7888, which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org. Information on the Justice Department’s efforts to combat human trafficking can be found at www.justice.gov/humantrafficking.
Jacksonville Business Owner Sentenced to Federal Prison for COVID Relief FraudRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard today sentenced Kenneth Steven Landers (57, Jacksonville) to one year and one day in federal prison for wire fraud and engaging in an illegal monetary transaction. As part of his sentence, the court also entered an order of forfeiture in the amount of $910,000, the proceeds of his wire fraud scheme, and also ordered him to pay full restitution to his victims. Landers had pleaded guilty on February 14, 2023.
According to court documents, during 2020 and 2021, Landers applied for federally backed Paycheck Protection Program (PPP) loans 10 times, requesting a total of $1.41 million. He submitted the applications on behalf of four different corporate entities that he controlled, specifically, the American Fallen Veterans Service Project Inc., Tire Empire LLC, Maypops LLC, and Florida United Inc. In support of each application, Landers electronically submitted false information and documents, including fictitious or altered Internal Revenue Service tax forms.
Notwithstanding Landers’s use of fraudulent documents, seven of his ten PPP loan applications were approved and funded in the total amount of $910,000, which was deposited into financial accounts that he controlled. Rather than use the loan proceeds exclusively to pay employees or for other allowable expenses under the PPP, Landers used the funds for his personal benefit. For example, he paid off the mortgages on his home and a business property, purchased an 18kt gold Rolex watch, and bought a vintage Jaguar XKE Roadster. He also wrote checks to himself, transferred funds electronically to personal accounts, paid down personal debt, and made approximately $113,000 in cash withdrawals of funds traceable to PPP loan proceeds.
“The ripple effects of the COVID pandemic are still being felt throughout society today. Kenneth Steven Landers saw this global crisis as an opportunity to line his own pockets. IRS-CI is committed to pursuing these bad actors and ensuring that those who falsely manipulate the system are prosecuted to the fullest extent,” said IRS-CI Acting Special Agent In Charge Tara K. Reed. “Today’s sentencing demonstrates that criminals will pay a heavy price when they steal funds intended to provide much needed relief to many Americans who were in financial despair.”
This case was investigated by Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Michael J. Coolican. The asset forfeiture was handled by Assistant United States Attorneys Mai Tran, Julie A. Simonsen, and Jennifer Harrington.
This case was prosecuted as part of the Department of Justice’s prosecution of fraud schemes that exploit the CARES Act relief programs. The CARES Act is a federal law enacted in March 2020, designed to provide emergency financial assistance to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. One of the two programs that were developed through CARES Act is the PPP. It provides funding to businesses through PPP loans for payroll costs, interest on mortgages, rent and utilities. PPP allows the interest and principal on loans to be forgiven if the business spends proceeds on certain expense items within a designated time and uses a certain percentage of the loan on payroll expenses. The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the crisis.
Houston Man Sentenced to Ten Years in Prison for Drug TraffickingRead the Press Release
NEW ORLEANS – On November 29, 2023, United States District Judge Jane Triche Milazzo sentenced JORGE ISAAC GONZALEZ-MEDINA, age 32, of Houston, to the mandatory minimum sentence of ten (10) years in federal prison, to be followed by 5 years of supervised release, for violating the Controlled Substances Act, announced U.S. Attorney Duane A. Evans.
GONZALEZ-MEDINA was also ordered to pay a mandatory special assessment fee of $100.
According to court records, GONZALEZ-MEDINA admitted to possessing with the intent to distribute over 400 grams of fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A). GONZALEZ-MEDINA further admitted to being stopped in a vehicle with three kilograms of fentanyl concealed in the rear axle.
This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney David Haller of the Violent Crime Unit is in charge of the prosecution.
Hospital Executive and Three Texas Physicians to Pay over $880,000 to Settle Kickback Allegations Involving Laboratory TestingRead the Press Release
Former hospital executive Peggy Borgfeld, of Lexington, Texas, and physicians Linh Nguyen, M.D. and Thuy Nguyen, M.D., of Dallas, and Heriberto Salinas, M.D., of Cleburne, Texas, have agreed to pay a total of $880,199 to resolve False Claims Act allegations involving illegal remuneration in violation of the Anti-Kickback Statute. The parties also have agreed to cooperate with the Justice Department’s investigations of, and litigation against, other participants in the alleged schemes.
“The False Claims Act protects taxpayer-funded programs against those who seek to misuse them for their personal gain,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will continue to enforce the law to protect the integrity of federal healthcare programs, including by pursing arrangements that involve the payment of kickbacks.”
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 healthcare programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlements announced today resolve allegations that Drs. Linh Nguyen, Thuy Nguyen and Heriberto Salinas received kickbacks in violation of the Anti-Kickback Statute in return for their laboratory testing referrals.
- Linh Nguyen and Thuy Nguyen. Drs. Linh Nguyen and Thuy Nguyen have agreed to pay $404,813 to resolve two allegations from October 2015 to February 2018. First, the physicians allegedly received thousands of dollars in payments from a purported management service organization (MSO) named Ascend MSO of TX LLC (Ascend) in return for ordering laboratory tests from Little River Healthcare (Little River), a critical access hospital in Rockdale, Texas, and Boston Heart Diagnostics Corporation (Boston Heart), a clinical laboratory in Framingham, Massachusetts. Second, the physicians allegedly received thousands of dollars in payments from an MSO named Geminorium MG LLC in return for ordering laboratory tests from True Health Diagnostics LLC, a clinical laboratory in Frisco, Texas.
- Heriberto Salinas. Dr. Salinas agreed to pay $150,386 to resolve two allegations from December 2015 to May 2017. First, Dr. Salinas allegedly received thousands of dollars in MSO payments from Ascend in return for ordering laboratory tests from Little River. Second, Dr. Salinas allegedly received thousands of dollars in payments from a purported MSO named Herculis MG LLC in return for ordering laboratory tests from Boston Heart.
In addition, the United States announced that Peggy Borgfeld, the former controller, chief financial officer and chief operating officer of Little River, agreed to pay $325,000 plus additional contingent payments to resolve allegations that she caused the submission of false claims to Medicare, Medicaid and TRICARE. Borgfeld allegedly knew that Little River paid commissions to recruiters who used MSOs to pay kickbacks to doctors to induce their laboratory testing referrals to Little River. The settlement resolves allegations that Borgfeld knowingly caused Little River to submit claims to federal healthcare providers for the laboratory tests that the kickback recipients referred to Little River. The settlement also resolves allegations that, despite her knowledge of the MSO kickbacks, Borgfeld signed false certifications in Medicare cost reports regarding Little River’s compliance with the Anti-Kickback Statute. Under the terms of the settlement agreement, Borgfeld agreed to be excluded from participation in federal healthcare programs for five years.
“These settlements demonstrate our firm commitment to holding individuals accountable for their part in this healthcare kickback scheme,” said U.S. Attorney Damien M. Diggs for the Eastern District of Texas. “We will continue to pursue those who cover up improper payment arrangements with pass-through entities, sham marketing contracts and faux investment opportunities to enrich themselves at the expense of the taxpayers, in violation of the Anti-Kickback Statute.”
“Illegal kickback payments not only corrupt the medical decision-making process but also cause harm and financial loss to Medicare and other federally funded healthcare programs,” said Special Agent in Charge Jason E. Meadows of the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG works closely with our law enforcement partners to root out and hold accountable those who put profit and personal gain ahead of legitimate medical services.”
“Today’s outcome is a testament to the dedication and determination of the Department of Defense Office of Inspector General (DoD OIG), Defense Criminal Investigative Service (DCIS) and our law enforcement partners to protect our military’s healthcare system, known as TRICARE,” said Special Agent in Charge Michael C. Mentavlos of the DCIS Southwest Field Office. “DCIS will continue to work closely with the Justice Department to hold accountable those that attempt to defraud the TRICARE program, pilfering taxpayer resources and undermining military readiness.”
The settlements were the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the Eastern District of Texas, with assistance from HHS-OIG and DCIS. The settlements announced today were handled by Trial Attorneys Christopher Terranova and Gavin Thole in the Civil Division’s Commercial Litigation Branch (Fraud Section) and Assistant U.S. Attorneys James Gillingham and Betty Young for the Eastern District of Texas. The United States has recovered over $36 million relating to conduct involving MSO kickbacks to healthcare providers, which includes recoveries from 43 physicians.
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare 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 HHS, at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlements are allegations only, and there has been no determination of liability.
Honduran national gets 50 years for kidnapping and raping 15-year-oldRead the Press Release
HOUSTON – A 33-year-old man who illegally resided in Houston has been ordered to federal prison for interstate travel with intent to engage in a sex act with a minor, announced U.S. Attorney Alamdar S. Hamdani.
Wilmer Rivera-Hernandez pleaded guilty Aug. 24.
U.S. District Judge George C. Hanks Jr. has now sentenced Rivera-Hernandez to 600 months in federal prison. At the hearing, the court heard additional information including a statement from the victim describing her transformation from a young, innocent girl into someone who feels anger, pain, guilt, numbness, depression and humiliation. In handing down the prison terms, the court noted how what Rivera-Hernandez did was reprehensible, and he could not be allowed to walk among civilized people. He was further ordered to serve the rest of his life 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. Rivera-Hernandez will also be ordered to register as a sex offender.
“Words cannot describe the damage Rivera-Hernandez did after he kidnapped and raped a 15-year-old child,” said Hamdani. “His loathsome and abhorrent actions deserve the stiffest punishment. As the father of a 15-year-old girl myself, I am thankful every day for local, state and federal law enforcement. And in this case for the coordinated efforts of the brave men and women of Montgomery County, Texas, and Knox County, Tennessee, who were able to save a child from a monster’s grasp.”
In June 2020, Rivera-Hernandez took a 15-year-old girl on what was supposed to be a date, but it quickly turned into a nightmare. After she realized he was just driving around, she asked him to take her home. He refused. Instead, he grabbed this young girl by the head, strangled her, threatened both her and her family’s safety, seized her phone and then forced her to drink alcohol and take medicine to make her drowsy and unable to resist him. He then drove her from Houston to Little Rock, Arkansas, where he took her to a motel and raped her. The next day, he began driving her through Arkansas and into Tennessee.
However, the victim was able to get access to a phone and contact her family members, telling them he could kill her and to call the police. They contacted law enforcement who, using geolocation on the phone, was eventually able to locate Rivera-Hernandez and the victim parked at a truck stop in Knoxville, Tennessee.
After his indictment and arrest, Rivera-Hernandez also engaged in a scheme to obstruct justice from prison. He arranged the creation and delivery of fabricated WhatsApp messages purporting to be from the minor victim. In these manufactured messages, Rivera-Hernandez made it appear as if the minor had recanted her claims of kidnapping and rape and that she was always in love with him. By having these messages delivered to the prosecution, Rivera-Hernandez hoped it would lead to the dismissal of his charges. A thorough investigation, however, quickly revealed the messages were fake and that Rivera-Hernandez attempted to obstruct justice.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the future.
Department of State’s Diplomatic Security Service conducted the investigation with assistance from Homeland Security Investigations. Sheriff’s Offices in Montgomery County, Texas, and Knox County, Tennessee, assisted with the victim’s rescue. Assistant U.S. Attorneys Sharad Khandelwal and Stephanie Bauman prosecuted the case.
Gulf Shores Attorney Sentenced to Four Months in Prison for Smuggling Spice to a Federal Inmate at the Monroe County Detention CenterRead the Press Release
MOBILE, AL – A Gulf Shores man was sentenced to four months in prison for illegally smuggling paper soaked in “spice,” a synthetic cannabinoid, to a federal inmate at the Monroe County Detention Center.
According to court documents, Michael Leonides Santos, 36, was arrested on February 18, 2022, after corrections officers seized papers from a federal inmate that were soaked with spice. The inmate had just met with Santos, a practicing attorney, in a visiting room at the jail. As reflected on surveillance video, Santos handed the soaked papers to the inmate, who then leaned down and placed them in his socks. Following the incident, federal agents arrived at the jail and searched Santos’s vehicle, finding prepackaged baggies containing tobacco, phones, charging cables, and other items consistent with contraband smuggling.
Agents also seized a contraband cell phone from the inmate. On the phone, agents recovered numerous text messages linking Santos to contraband smuggling.
Between November 2021 and February 2022, the inmate also exchanged several monitored “Chirp” text messages with Santos and others. In those messages, the inmate discussed smuggling spice into the jail, how to package the contraband and give it to Santos, and how much profit the inmate could make by distributing spice inside the jail. In a December 2021 message, the inmate asked Santos to visit the jail and offered assurances that “they don’t look into that.”In addition to the four-month prison sentence, United States District Judge Kristi K. DuBose ordered Santos to serve a one-year term of supervised release upon his release from prison, during which time he will receive substance abuse testing and treatment. The court imposed a $200 fine and ordered Santos to pay $25 in special assessments.
As part of his plea agreement in this case, Santos is barred from any further representation of criminal defendants in any United States jurisdiction, including but not limited to any federal, state, local, or municipal courts.
U.S. Attorney Sean P. Costello of the Southern District of Alabama made the announcement.
The Federal Bureau of Investigation, the Drug Enforcement Administration, and the Monroe County Sheriff’s Office investigated the case.
Assistant U.S. Attorney Justin Roller prosecuted the case on behalf of the United States.
Green Bay Pastor Sentenced to 15 Years in Federal Prison for Online Sex Crimes Targeting Children OverseasRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on December 4, 2023, Cory J. Herthel (age: 40) of Green Bay, Wisconsin, was sentenced to 180 months’ imprisonment (15 years) for the online enticement of children located in Venezuela, Cuba, and Spain.
In May 2023, the Federal Bureau of Investigation (FBI) was contacted by the church where Herthel was employed as a pastor regarding information it had obtained indicating that Herthel had possibly been involved in an inappropriate sexual relationship with a minor living in Venezuela. An ensuing investigation revealed that Herthel sent the child videos of himself masturbating, and at Herthel’s request, the minor sent similar videos and images in return.
According to court documents, Herthel acknowledged knowing the minor from a mission trip he had taken to Ecuador, where he met the child begging on the streets. The child and his mother returned to his native Venezuela, and Herthel kept in touch with the child. Herthel was confronted by law enforcement with images of him masturbating and acknowledged sending the videos to the child whom he knew to be a minor. Herthel also acknowledged asking the child to send him sexually explicit images and masturbation videos and admitted sending the child monetary payments via various online applications.
According to court records, further investigation by the FBI revealed that Herthel was also exchanging sexually explicit images and videos with a minor child located in Cuba. Herthel assisted the child’s move to Spain with the ultimate goal of bringing him to the United States. Herthel visited the minor on several occasions in Spain and acknowledged engaging in a sexual relationship with the child.
Finally, court records indicate that Herthel also solicited sexually explicit images and videos from a second child in Cuba, to whom Herthel also sent monetary payments.
At the sentencing hearing, Senior United States District Judge William C. Griesbach described Herthel’s crime as “terrible” and “an abuse of spiritual authority.” Judge Griesbach also referenced the strong need to deter Herthel and others who may attempt to engage in similar conduct. Judge Griesbach further noted the serious psychological and emotional scars that Herthel imposed on his victims.
Following his 15-year prison sentence, Herthel will spend 20 years on supervised release and will be required to register as a sexual offender for the remainder of his life.
This case was investigated by the Green Bay and Milwaukee offices of the FBI, with the assistance of the Green Bay Police Department. It was prosecuted by Assistant United States Attorney Daniel R. Humble.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006, by the U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Grand jury indicts former state public utilities chairman for federal bribery, embezzlement crimesRead the Press Release
CINCINNATI – A federal grand jury has charged the former chairman of the Public Utilities Commission of Ohio (PUCO) with crimes related to bribery and embezzlement.
Samuel Randazzo, 74, of Columbus, self-surrendered at U.S. District Court in Cincinnati this morning. Randazzo is charged in an 11-count indictment that was returned on Nov. 29 and he will be scheduled for an initial appearance later today.
“Public officials – whether elected or appointed – are tasked with upholding the highest level of integrity in their duties and responsibilities. Such service to the public must be selfless, not selfish,” said U.S. Attorney Kenneth L. Parker. “Through the indictment unsealed today, we seek to hold Randazzo accountable for his alleged illegal activities."
"Today's indictment outlines an alleged scheme in which a public regulatory official ignored the Ohio consumers he was responsible for protecting, instead taking a bribe from an energy company seeking favors," stated FBI Cincinnati Special Agent in Charge J. William Rivers. “The FBI will remain vigilant in investigating allegations of corruption at all levels of government and hold those who violate the law accountable for their actions.”
Randazzo faces one count of conspiring to commit travel act bribery and honest services wire fraud, two counts of travel act bribery, two counts of honest services wire fraud, one count of wire fraud and five counts of making illegal monetary transactions.
Randazzo was the PUCO chairman from April 2019 until November 2020, when he resigned. According to the indictment, Randazzo allegedly received more than $4.3 million from an energy company and its affiliates to provide favorable official actions for the company through PUCO proceedings.
For example, it is alleged that in November 2019, Randazzo included language in a PUCO Opinion and Order that would address an issue for the energy company that was slated to happen in 2024. “Stock is gonna get hit with Ohio 2024. Need Sam to get rid of the ‘Ohio 2024 hole,’” an energy executive text message read. Another executive messaged, in part: “I spoke with Sam today. Told me 2024 issue will be handled next Thursday.” The next Thursday, the PUCO decision included language alleviating the 2024 issue.
A March 2020 text message from an executive mentions that Randazzo “will get it done for us but cannot just jettison all process.” The message references specific official actions before continuing: “…a lot of talk going on in the halls of PUCO about does he work there or for us? He’ll move it as fast as he can.”
It is alleged that Randazzo received the bribe money from the energy company through his consulting business, Sustainability Funding Alliance of Ohio, Inc. (SFA), which was registered in Ohio in March 2010. SFA filings name Randazzo as the president and sole representative of the business and lists Randazzo’s home address as the business address.
The charging document alleges that Randazzo also used his consulting business, SFA, to carry out an embezzlement scheme, funneling to himself at least a million dollars meant for an association of large, industrial energy users in Ohio.
Randazzo was the general counsel of the industry group for multiple years, including from 2010 until his PUCO appointment, and at times served as the industry group's executive director. Randazzo controlled the industry group's bank accounts.
It is alleged Randazzo entered into settlements with companies on behalf of the industry group and kept portions of the settlement payments for himself. As one method to conceal his alleged embezzling, Randazzo allegedly created a fictitious member of the industry group that received payments along with legitimate members.
For example, in March 2019, it is alleged Randazzo attempted to conceal his embezzling by wiring approximately $1.1 million between bank accounts under his control.
If convicted as charged, the defendant could face up to 20 years in prison.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio, and J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the charges and acknowledged assistance provided by the Ohio Ethics Commission. Deputy Criminal Chief Emily N. Glatfelter and Assistant United States Attorney Matthew C. Singer are representing the United States in this case.
An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.
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Four-Time Deported Mexican National Sentenced to Federal Prison for Trafficking CocaineRead the Press Release
Tampa, Florida – U.S. District Judge Richard A. Lazzara has sentenced Americo Bautista-Villarreal (59, Mexico) to seven years and eight months in federal prison months in federal prison for conspiracy to distribute five kilograms or more of cocaine. Bautista-Villarreal had pleaded guilty on November 20, 2021.
According to court documents, Bautista-Villarreal was deported from the United States on four previous occasions, including in 1998, 2008, 2015, and 2017. In February 2020, Bautista-Villarreal participated in coordinating and planning shipments of cocaine from Mexico and Texas for delivery in the Middle District of Florida.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Diego F. Novaes.
Four Indicted for Drug Trafficking and Firearms Offenses in Bennington CountyRead the Press Release
Burlington, Vermont – The U.S. Attorney’s Office for the District of Vermont announced that Javon Calderon (also known as “Juju,”) of Holyoke, Massachusetts, Christopher Morgan (also known as “Mula,”) of Chicopee, Massachusetts, Shavonne Doucette of Bennington, Vermont, and Kyle Winnie also of Bennington, were indicted in the District of Vermont on November 29, 2023. The three-count indictment alleges that, between August and November of 2022, Calderon, Morgan, Doucette, and Winnie conspired to distribute fentanyl and cocaine; Calderon and Morgan brandished a firearm in connection with that drug trafficking conspiracy; and Doucette and Winnie made their residence in Bennington available for drug trafficking. Doucette and Winnie appeared in court this afternoon for their arraignments before Chief United States District Judge Geoffrey Crawford. Both Doucette and Winnie pleaded not guilty and were detained pending further proceedings. Calderon and Morgan will appear for arraignment later this month.
The charges against these defendants are accusations only, and they are each presumed innocent until and unless proven guilty. If convicted, each defendant would face a maximum possible penalty of 20 years in prison and a fine of up to $1,000,000. For brandishing a firearm in connection with the alleged drug trafficking conspiracy, Calderon and Morgan face a mandatory minimum penalty of 7 years in prison. The sentences, however, would be determined by the court with guidance from the advisory United States Sentencing Guidelines and the governing sentencing statutes.
United States Attorney Nikolas P. Kerest commended the collaborative investigative efforts of Homeland Security Investigations (HSI), the HSI Special Response Team, the Vermont State Police, the Bennington Police Department, the Bennington County Sheriff’s Department, the Rutland City Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The United States is represented in this matter by Assistant U.S. Attorneys Corinne Smith and Jon Ophardt. Javon Calderon is represented by Federal Public Defender Michael L. Desautels. Christopher Morgan is represented by Peter F. Langrock, Esq. Shavonne Doucette is represented by Brooks G. McArthur, Esq. Kyle Winnie is represented by Jordana M. Levine, Esq.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Fort Myers Man Sentenced for Possessing Firearm and Ammunition as A Convicted FelonRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell today sentenced Deshon G. Walker (27, Fort Myers) to three years and one month in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Walker to forfeit the firearm and ammunition traceable to the offense. Walker had pleaded guilty on August 21, 2023.
According to court documents, on September 21, 2023, officers from the Fort Myers Police Department conducted a traffic stop on a vehicle with Walker was the front seat passenger. Officers located a loaded Glock pistol under Walker’s seat. DNA analysis later linked Walker to the pistol. Walker had previously been convicted of a felony and is therefore prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Fort Myers Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Mark R. 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.
Former U.S. Ambassador and National Security Council Official Charged with Secretly Acting as an Agent of the Cuban GovernmentRead the Press Release
Federal prosecutors have charged Victor Manuel Rocha, 73, of Miami, Florida, a former U.S. Department of State employee who served on the National Security Council from 1994 to 1995 and ultimately as U.S. Ambassador to Bolivia from 2000 to 2002, with committing multiple federal crimes by secretly acting for decades as an agent of the government of the Republic of Cuba.
“This action exposes one of the highest-reaching and longest-lasting infiltrations of the United States government by a foreign agent,” said Attorney General Merrick B. Garland. “We allege that for over 40 years, Victor Manuel Rocha served as an agent of the Cuban government and sought out and obtained positions within the United States government that would provide him with access to non-public information and the ability to affect U.S. foreign policy. Those who have the privilege of serving in the government of the United States are given an enormous amount of trust by the public we serve. To betray that trust by falsely pledging loyalty to the United States while serving a foreign power is a crime that will be met with the full force of the Justice Department.”
“Like all federal officials, U.S. diplomats swear an oath to support and defend the Constitution of the United States. Acting as an agent for Cuba – a hostile foreign power – is a blatant violation of that oath and betrays the trust of the American people,” said FBI Director Christopher Wray. “The FBI will continue to rigorously defend against foreign governments targeting America, and we will find and hold accountable anyone who violates their oath to the United States, no matter how long it takes.”
“For decades, Rocha allegedly worked as a covert agent for Cuba and abused his position of trust in the U.S. government to advance the interests of a foreign power,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “However long it might take, we will deliver justice to those who betray their solemn oaths to the American people.”
“The Southern District and our law enforcement partners stand ready to protect the United States from individuals who act unlawfully as agents of foreign governments,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “Individuals who violate federal law by engaging in clandestine activity for hostile foreign states, and by providing false information about those activities to the U.S. government, endanger American democracy. That is especially so for past or present employees of the United States who took an oath to uphold the U.S. Constitution, and for U.S. citizens who benefit from the freedoms and opportunities of this country. The U.S. Attorney’s Office and our law enforcement partners in South Florida, and elsewhere, will continue to vigorously enforce all federal laws.”
According to the complaint, beginning no later than approximately 1981, and continuing to the present, Rocha, a naturalized U.S. citizen originally from Colombia, secretly supported the Republic of Cuba and its clandestine intelligence-gathering mission against the United States by serving as a covert agent of Cuba’s General Directorate of Intelligence.
To further that role, according to the complaint, Rocha obtained employment in the U.S. Department of State between 1981 and 2002, in positions that provided him access to nonpublic information, including classified information, and the ability to affect U.S. foreign policy. After his State Department employment ended, Rocha engaged in other acts intended to support Cuba’s intelligence services. From in or around 2006 until in or around 2012, Rocha was an advisor to the Commander of the U.S. Southern Command, a joint command of the United States military whose area of responsibility includes Cuba.
The complaint alleges that Rocha kept his status as a Cuban agent secret in order to protect himself and others and to allow himself the opportunity to engage in additional clandestine activity. Rocha provided false and misleading information to the United States to maintain his secret mission; traveled outside the United States to meet with Cuban intelligence operatives; and made false and misleading statements to obtain travel documents.
According to the complaint, Rocha began his State Department career in 1981, rising through the ranks to serve in a variety of roles, including (1) from in or around February 1989 until in or around November 1991, as the First Secretary at the U.S. Embassy in Mexico City, Mexico; (2) from in or around November 1991 until in or around July 1994, as the Deputy Chief of Mission at the U.S. Embassy in Santo Domingo, Dominican Republic; (3) from in or around July 1994 until in or around July 1995, as a Department of State employee, as the Director of Inter-American Affairs on the U.S. National Security Council, with special responsibility for, among other things, Cuba; (4) from in or around July 1995 until in or around July 1997, as Deputy Principal Officer at the U.S. Interests Section in Havana, Cuba; (5) from in or around July 1997 until in or around November 1999, as Deputy Chief of Mission at the U.S. Embassy in Buenos Aires, Argentina; and (6) from in or around November 1999 until in or around August 2002, as Ambassador to Bolivia at the U.S. Embassy in La Paz, Bolivia.
The complaint alleges that, in a series of meetings during 2022 and 2023, with an undercover agent from the FBI posing as a covert Cuban General Directorate of Intelligence representative, Rocha made repeated statements admitting his “decades” of work for Cuba, spanning “40 years.” When the undercover told Rocha he was “a covert representative here in Miami” whose mission was “to contact you, introduce myself as your new contact, and establish a new communication plan,” Rocha answered “Yes,” and proceeded to engage in a lengthy conversation during which he described and celebrated his activity as a Cuban intelligence agent. Throughout the meetings, Rocha behaved as a Cuban agent, consistently referring to the United States as “the enemy,” and using the term “we” to describe himself and Cuba. Rocha additionally praised Fidel Castro as the “Comandante,” and referred to his contacts in Cuban intelligence as his “Compañeros” (comrades) and to the Cuban intelligence services as the “Dirección.” Rocha described his work as a Cuban agent as “a grand slam.”
Rocha is charged with conspiring to act as an agent of a foreign government without prior notification to the Attorney General; acting as an agent of a foreign government without prior notification to the Attorney General; and with using a passport obtained by false statement. He is expected to make an initial appearance before a U.S. Magistrate Judge in Miami today, Dec. 4.
The FBI Miami Field Office is investigating the case, with valuable contributions by the Department of State’s Diplomatic Security Service and the FBI’s Washington Field Office.
Assistant U.S. Attorneys Jonathan D. Stratton and John C. Shipley of the Southern District of Florida, along with Trial Attorneys Heather M. Schmidt and Christine A. Bonomo of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Rocha complaintFormer U.S. Ambassador and National Security Council Official Charged with Secretly Acting as an Agent of the Cuban GovernmentRead the Press Release
MIAMI – Federal prosecutors have charged Victor Manuel Rocha, 73, of Miami, Florida, a former U.S. Department of State employee who served on the National Security Council from 1994 to 1995 and ultimately as U.S. Ambassador to Bolivia from 2000 to 2002, with committing multiple federal crimes by secretly acting for decades as an agent of the government of the Republic of Cuba.
“This action exposes one of the highest-reaching and longest-lasting infiltrations of the United States government by a foreign agent,” said Attorney General Merrick B. Garland. “We allege that for over 40 years, Victor Manuel Rocha served as an agent of the Cuban government and sought out and obtained positions within the United States government that would provide him with access to non-public information and the ability to affect U.S. foreign policy. Those who have the privilege of serving in the government of the United States are given an enormous amount of trust by the public we serve. To betray that trust by falsely pledging loyalty to the United States while serving a foreign power is a crime that will be met with the full force of the Justice Department.”
“The Southern District and our law enforcement partners stand ready to protect the United States from individuals who act unlawfully as agents of foreign governments,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “Individuals who violate federal law by engaging in clandestine activity for hostile foreign states, and by providing false information about those activities to the U.S. government, endanger American democracy. That is especially so for past or present employees of the United States who took an oath to uphold the U.S. Constitution, and for U.S. citizens who benefit from the freedoms and opportunities of this country. The U.S. Attorney’s Office and our law enforcement partners in South Florida, and elsewhere, will continue to vigorously enforce all federal laws.”
“Like all federal officials, U.S. diplomats swear an oath to support and defend the Constitution of the United States. Acting as an agent for Cuba – a hostile foreign power – is a blatant violation of that oath and betrays the trust of the American people,” said FBI Director Christopher Wray. “The FBI will continue to rigorously defend against foreign governments targeting America, and we will find and hold accountable anyone who violates their oath to the United States, no matter how long it takes.”
“For decades, Rocha allegedly worked as a covert agent for Cuba and abused his position of trust in the U.S. government to advance the interests of a foreign power,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “However long it might take, we will deliver justice to those who betray their solemn oaths to the American people.”
According to the complaint, beginning no later than approximately 1981, and continuing to the present, Rocha, a naturalized U.S. citizen originally from Colombia, secretly supported the Republic of Cuba and its clandestine intelligence-gathering mission against the United States by serving as a covert agent of Cuba’s General Directorate of Intelligence.
To further that role, according to the complaint, Rocha obtained employment in the U.S. Department of State between 1981 and 2002, in positions that provided him access to nonpublic information, including classified information, and the ability to affect U.S. foreign policy. After his State Department employment ended, Rocha engaged in other acts intended to support Cuba’s intelligence services. From in or around 2006 until in or around 2012, Rocha was an advisor to the Commander of the U.S. Southern Command, a joint command of the United States military whose area of responsibility includes Cuba.
The complaint alleges that Rocha kept his status as a Cuban agent secret in order to protect himself and others and to allow himself the opportunity to engage in additional clandestine activity. Rocha provided false and misleading information to the United States to maintain his secret mission; traveled outside the United States to meet with Cuban intelligence operatives; and made false and misleading statements to obtain travel documents.
According to the complaint, Rocha began his State Department career in 1981, rising through the ranks to serve in a variety of roles, including (1) from in or around February 1989 until in or around November 1991, as the First Secretary at the U.S. Embassy in Mexico City, Mexico; (2) from in or around November 1991 until in or around July 1994, as the Deputy Chief of Mission at the U.S. Embassy in Santo Domingo, Dominican Republic; (3) from in or around July 1994 until in or around July 1995, as a Department of State employee, as the Director of Inter-American Affairs on the U.S. National Security Council, with special responsibility for, among other things, Cuba; (4) from in or around July 1995 until in or around July 1997, as Deputy Principal Officer at the U.S. Interests Section in Havana, Cuba; (5) from in or around July 1997 until in or around November 1999, as Deputy Chief of Mission at the U.S. Embassy in Buenos Aires, Argentina; and (6) from in or around November 1999 until in or around August 2002, as Ambassador to Bolivia at the U.S. Embassy in La Paz, Bolivia.
The complaint alleges that, in a series of meetings during 2022 and 2023, with an undercover agent from the FBI posing as a covert Cuban General Directorate of Intelligence representative, Rocha made repeated statements admitting his “decades” of work for Cuba, spanning “40 years.” When the undercover told Rocha he was “a covert representative here in Miami” whose mission was “to contact you, introduce myself as your new contact, and establish a new communication plan,” Rocha answered “Yes,” and proceeded to engage in a lengthy conversation during which he described and celebrated his activity as a Cuban intelligence agent. Throughout the meetings, Rocha behaved as a Cuban agent, consistently referring to the United States as “the enemy,” and using the term “we” to describe himself and Cuba. Rocha additionally praised Fidel Castro as the “Comandante,” and referred to his contacts in Cuban intelligence as his “Compañeros” (comrades) and to the Cuban intelligence services as the “Dirección.” Rocha described his work as a Cuban agent as “a grand slam.”
Rocha is charged with conspiring to act as an agent of a foreign government without prior notification to the Attorney General; acting as an agent of a foreign government without prior notification to the Attorney General; and with using a passport obtained by false statement. He is expected to make an initial appearance before a U.S. Magistrate Judge in Miami today, Dec. 4.
The FBI Miami Field Office is investigating the case, with valuable contributions by the Department of State’s Diplomatic Security Service and the FBI’s Washington Field Office.
Assistant U.S. Attorneys Jonathan D. Stratton and John C. Shipley of the Southern District of Florida, along with Trial Attorneys Heather M. Schmidt and Christine A. Bonomo of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-mj-04368.
23-MJ-4368-TORRES###
Former Shreveport, Louisiana Medical Practitioner Sentenced to 36 MonthsRead the Press Release
SHREVEPORT, LA – Larry Clyde Daniels, 65, of Keithville, Louisiana, was sentenced on November 29, 2023, for distribution of controlled substances outside the bounds of professional medical practice to 36 months followed by three years of supervised release and a $20,000.00 fine by United States District Judge Elizabeth E. Foote announced United States Attorney Brandon B. Brown.
On December 16, 2020, Larry Clyde Daniels, 65, of Keithville, Louisiana, was charged in an 82-count Indictment for violations of Distribution of Controlled Substances—buprenorphine, a Schedule III controlled substance, Klonopin, a Schedule IV controlled substance, and Adderall, a Schedule I controlled substance—outside the bounds of professional medical practices.
Daniels pled guilty to Count 44 and on November 29, 2023, Daniels was sentenced by Judge Elizabeth E. Foote to 36 months in federal prison, three years supervised release, and a $20,000.00 fine for distribution of controlled substances outside the bounds of professional medical practice.
“It is no secret that many Americans suffer from opioid addiction and the effects can be fatal,” said U.S. Attorney Brandon B. Brown. Physicians, by way of their oath, undertake a great responsibility to exhaust all efforts to ensure that those who are prescribed opioids actually need them. This defendant admittedly failed to do so by over prescribing these powerful drugs. We hope this sentence sends a powerful message to physicians who consider engaging in such conduct.”
From 2016 through 2017, Daniels was a medical practitioner practicing within the Western District of Louisiana. Daniels received a Drug Addiction Treatment Act waiver in 2007 and was authorized to treat patients with opioid addictions. Daniels worked one night a week from 6:00pm to 8:00pm at the Warren Medical Multi-Care Clinic. On September 12, 2017, an undercover DEA agent acting as a patient, paid $325.00 in cash for the first visit with Daniels and was requested to come back the following evening to see Daniels.
The next day the undercover agent met with Daniels for approximately eight minutes. After this meeting, Daniels prescribed the undercover agent buprenorphine with a starting dose in excess of what is required without documenting a rationale for such starting dosage in the undercover’s patient file. Also, Daniels noted that the undercover relayed a history of recreational drug abuse but failed to discuss with the undercover the negative results of his drug test and failed to perform a physical examination. As a result, Daniels’ actions violated acceptable medical practices and acceptable medical practices within the State of Louisiana.
The Drug Enforcement Administration conducted the investigation and Assistant U.S. Attorneys Tennille M. Gilreath and Allison Duncan prosecuted the case.
Former Private Prisoner Transport Officer Pleads Guilty to Federal Civil Rights Offense for Sexually Assaulting Female Pretrial DetaineeRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Marquet Johnson, a former private prisoner transport officer, pleaded guilty to violating a female pretrial detainee’s civil rights by sexually assaulting her during a prisoner transport. Johnson, 44, of West Memphis, Arkansas, additionally admitted to previously violating multiple other female pretrial detainees’ civil rights by sexually assaulting them during prisoner transports.
According to the plea agreement, at the time of the offense, Johnson worked as a prisoner transport officer for Inmate Services Corporation (ISC). As a prisoner transport officer, Johnson performed the government function of picking up individuals who were arrested on out-of-state warrants and transporting those individuals back to the jurisdictions that issued the warrants. On Nov. 4, 2019, Johnson and his transport partner picked up the victim, a female pretrial detainee, from a jail in Santa Fe, New Mexico, to transport her to Delta County, Colorado.
That same day, while still in New Mexico, Johnson’s transport partner stopped the transport van at a gas station. As soon as Johnson’s transport partner walked away from the van, Johnson ordered the victim to move to the bench row in the back of the transport van, climbed into the back of the van, removed the victim’s ankle restraints and loosened her handcuffs. The victim told Johnson that she was unsure what was going on but said that she did not want “to do this.” In response, Johnson pulled out a dangerous weapon, and, resting the weapon on his lap, told the victim that he wanted her to cooperate with him, “otherwise, it was going to get ugly.”
Johnson then ordered the victim to partially remove her clothing and lay down on her back. The victim did so but again told Johnson she did not want to do this. In response, Johnson held the weapon against the victim’s cheek while raping her. Johnson admitted that the victim did not consent to any of the sexual conduct, and his conduct included the use of a dangerous weapon and aggravated sexual abuse.
Johnson further admitted that this was not the first female pretrial detainee who he sexually assaulted during an ISC prisoner transport. Johnson admitted that in July 2019, he transported another female pretrial detainee from Spencer, Indiana to San Marcos, Texas. While en route to Texas, during a stop at ISC headquarters in West Memphis, Arkansas, Johnson forced the detainee to perform oral sex on him. Johnson admitted that this victim also did not consent to any of the sexual conduct and that his misconduct included aggravated sexual abuse.
Finally, Johnson admitted that in August 2019, he transported yet another female pretrial detainee from Baker County, Oregon to Warrensburg, Missouri. While in Missouri, Johnson stopped the transport van at a hotel, where he proceeded to push her to rape her. A short time later Johnson brought the female detainee back outside to the transport van and, after resuming the transport, forced the female detainee to perform oral sex on him. Johnson admitted that this victim also did not consent to any of the sexual conduct and that his misconduct included aggravated sexual abuse and kidnapping.
“Sexual assaults carried out by law enforcement officials at any stage of the criminal justice process, including in the transport of detainees held in custody, have no place in our society,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This egregious conduct violates federal law, and the Justice Department will continue to resolutely seek justice for the survivors of these heinous crimes.
“Every person has a basic right to dignity and respect,” said U.S. Attorney Uballez. “And nobody, no matter the crime of which they are being accused, deserves to be raped. When jailers fail their duty to those in their charge, they will join them in custody.”
“Law enforcement officers and other officials receive certain powers from the government so they can defend the rights of the people and prevent wrongdoing.” said SAC Raul Bujanda. “When individuals working in an official capacity violate the trust of their communities by abusing that power, they undermine the hard work of all officials. The despicable actions perpetuated by Johnson, against those he was entrusted to protect, have no place in society. When you break the trust you’re given as a member of law enforcement and ultimately break the law, there are consequences. Today’s conviction of Johnson is a resounding reminder that the FBI is committed to restoring trust in law enforcement by holding those who abuse their privileges and abandon their responsibilities accountable. I commend the hard work of our Agents, our law enforcement partners with the Bernalillo County Sheriff's Office, and the New Mexico US Attorney’s Office with helping to bring justice to the victims in this case and holding Johnson to account for his crimes.”
Pursuant to the plea agreement, Johnson faces a maximum penalty of 30 years in prison, to be followed by up to five years of supervised release. In addition, Johnson must pay restitution to the victim and register as a sex offender.
The FBI Albuquerque Field Office investigated the case, with assistance from the Bernalillo County Sherriff’s Office. Trial Attorney Laura Gilson of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Kimberly Brawley for the District of New Mexico are prosecuting the case, with assistance from the U.S. Attorneys’ Offices for the Eastern District of Arkansas and Western District of Missouri.
View Indictment View Plea Agreement###
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Former Private Prisoner Transport Officer Pleads Guilty to Federal Civil Rights Offense and Admits to Sexually Assaulting Multiple Female Pretrial DetaineesRead the Press Release
A former private prisoner transport officer, Marquet Johnson, 44, pleaded guilty today to violating the civil rights of multiple female pretrial detainees by sexually assaulting them during prisoner transports.
“Sexual assaults carried out by law enforcement officials at any stage of the criminal justice process, including in the transport of detainees held in custody, have no place in our society,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This egregious conduct violates federal civil rights law, and the Justice Department will continue to resolutely seek justice for the survivors of these heinous crimes.”
“Every person has a basic right to dignity and respect,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “And nobody, no matter the crime of which they are being accused, deserves to be raped. When jailers fail their duty to those in their charge, they will join them in custody.”
“Law enforcement officers and other officials receive certain powers from the government so they can defend the rights of the people and prevent wrongdoing,” said Special Agent in Charge Raul Bujanda of the FBI Albuquerque Field Office. “When individuals working in an official capacity violate the trust of their communities by abusing that power, they undermine the hard work of all officials. The despicable actions perpetuated by Johnson, against those he was entrusted to protect, have no place in society. When you break the trust, you’re given as a member of law enforcement and ultimately break the law, there are consequences. Today’s plea is a resounding reminder that the FBI is committed to restoring trust in law enforcement by holding those who abuse their privileges and abandon their responsibilities accountable. I commend the hard work of our agents, our law enforcement partners with the Bernalillo County Sheriff's Office and the U.S Attorney’s Office for the District of New Mexico with helping to bring justice to the victims in this case and holding Johnson to account for his crimes.”
According to the plea agreement, at the time of the offense, Johnson worked as a prisoner transport officer for Inmate Services Corporation (ISC). As a prisoner transport officer, Johnson performed the government function of picking up individuals who were arrested on out-of-state warrants and transporting those individuals back to the jurisdictions that issued the warrants. On Nov. 4, 2019, Johnson and his transport partner picked up the victim, a female pretrial detainee, from a jail in Santa Fe, New Mexico, to transport her to Delta County, Colorado.
That same day, while still in New Mexico, Johnson’s transport partner stopped the transport van at a gas station. As soon as Johnson’s transport partner walked away from the van, Johnson ordered the victim to move to the bench row in the back of the transport van, climbed into the back of the van, removed the victim’s ankle restraints and loosened her handcuffs. The victim told Johnson that she was unsure what was going on but said that she did not want “to do this.” In response, Johnson pulled out a dangerous weapon, and, resting the weapon on his lap, told the victim that he wanted her to cooperate with him, “otherwise, it was going to get ugly.”
Johnson then ordered the victim to partially remove her clothing and lay down on her back. The victim did so but again told Johnson she did not want to do this. In response, Johnson held the weapon against the victim’s cheek while raping her. Johnson admitted that the victim did not consent to any of the sexual conduct, and his conduct included the use of a dangerous weapon and aggravated sexual abuse.
Johnson further admitted that this was not the first female pretrial detainee he sexually assaulted during an ISC prisoner transport. Johnson admitted that in July 2019, he transported another female pretrial detainee from Spencer, Indiana to San Marcos, Texas. While en route to Texas, during a stop at ISC headquarters in West Memphis, Arkansas, Johnson forced the detainee to perform oral sex on him. Johnson admitted that this victim also did not consent to any of the sexual conduct and that his misconduct included aggravated sexual abuse.
Finally, Johnson admitted that in August 2019, he transported yet another female pretrial detainee from Baker County, Oregon to Warrensburg, Missouri. While in Missouri, Johnson stopped the transport van at a hotel, where he raped her. A short time later Johnson brought the female detainee back outside to the transport van and, after resuming the transport, forced the female detainee to perform oral sex on him. Johnson admitted that this victim also did not consent to any of the sexual conduct and that his misconduct included aggravated sexual abuse and kidnapping.
A sentencing hearing will be set on a later date. Pursuant to the plea agreement, Johnson faces a maximum penalty of 30 years in prison, to be followed by up to five years of supervised release. In addition, Johnson must pay restitution and, upon release, adhere to state and federal sex offender registration requirements.
The FBI Albuquerque Field Office investigated the case, with assistance from the Bernalillo County Sherriff’s Office.
Trial Attorney Laura Gilson of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Kimberly Brawley for the District of New Mexico are prosecuting the case, with assistance from the U.S. Attorneys’ Offices for the Eastern District of Arkansas and Western District of Missouri.
Former Milford Teacher Pleads Guilty to Possession of Child PornographyRead the Press Release
BOSTON – A former Milford second grade teacher pleaded guilty today in federal court in Worcester to possessing child pornography.
Vincent Kiejzo, 36, pleaded guilty today to one count of possession of child pornography. U.S. Senior District Court Judge Timothy S. Hillman scheduled sentencing for April 4, 2024. Kiejzo was arrested and charged by criminal complaint in September 2020 and subsequently indicted by a federal grand jury in October 2020. He remains in custody.
During a search of Kiejzo’s Milford home in September 2020, a USB drive plugged into a television in Kiejzo’s bedroom was located and found to contain links to websites dedicated to the sexual exploitation of minors. The USB drive also contained well as over 6,000 images of child pornography including images that involved infants.
The charging statute provides for a sentence of up to 20 years in prison, five years and up to lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Michael J. Krol, Special Agent in Charge of the Homeland Security Investigations in New England made the announcement. The Milford Police Department assisted with the investigation. Assistant U.S. Attorney Kristen Noto of the Worcester Office is prosecuting 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.
Former Federal Correctional Officer Pleads Guilty to Fourteen Counts of Wire FraudRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces that Katrina Denise McCoy (41, Minneola) has pleaded guilty to 14 counts of wire fraud. For each count, McCoy faces a maximum of 20 years in federal prison and a $250,000 fine. McCoy has also agreed to forfeit $39,570 – representing the proceeds of the offense. McCoy was indicted on July 11, 2023. Her sentencing hearing has not yet been set.
According to court records, McCoy is a former correctional officer with the Federal Bureau of Prisons (BOP). Between March 27, 2019, and February 23, 2021, McCoy submitted false disability claims with fictitious supporting documentation. McCoy created the supporting documentation on BOP letterhead and affixed the names of her supervisor and a medical professional without their knowledge or permission. As a result of her fraudulent scheme, McCoy caused 14 wire transfers to be deposited into her bank account totaling $39,570.
This case was investigated by the Florida Department of Financial Services’ Division of Investigative and Forensic Services - Bureau of Insurance Fraud and the Department of Justice – Office of the Inspector General. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.
Former FBI Agent Trainee Pleads Guilty to Insider Trading SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today the guilty plea of SETH MARKIN in connection with his participation in a scheme to trade in stock of Pandion Therapeutics (“Pandion”) based on inside information that he misappropriated from his then-girlfriend, who was an attorney at a major law firm assigned to work on the acquisition of Pandion by Merck & Co. (“Merck”). MARKIN was arrested in July 2022 and pled guilty to securities fraud based on insider trading before U.S. District Judge Edgardo Ramos.
U.S. Attorney Damian Williams said: “Seth Markin, who had been accepted into the Federal Bureau of Investigation as a new agent trainee, chose to act as if the law did not apply to him when he misappropriated confidential information, traded based on that information, and tipped several friends and family members, resulting in millions of dollars of illegally obtained trading profits. Markin knew his actions were wrong, deleted evidence of his crimes, and lied to try to cover up his scheme. No one is above the law, and this Office’s commitment to protecting the integrity of the financial markets remains a priority.”
As alleged in the Indictment, other public court documents, and statements made during court proceedings:
In early 2021, SETH MARKIN and BRANDON WONG together made more than $1.4 million in illegal profits by trading in stock based on inside information that MARKIN stole from his then-girlfriend, who was at the time an attorney at a major law firm in Washington D.C. (the “Law Firm Associate”). At the time, MARKIN had been accepted into the Federal Bureau of Investigation (“FBI”) as a new agent trainee, and WONG was a systems analyst at an education company. In February 2021, MARKIN secretly looked through the Law Firm Associate’s confidential work documents, without her permission, and learned that, in a matter of weeks, Merck, a publicly traded pharmaceutical company, was going to acquire Pandion, a publicly traded biotechnology company, for approximately three times the value of Pandion’s share price. MARKIN immediately purchased Pandion stock on the basis of this material non-public information and also told several family members and friends to purchase Pandion’s stock, causing WONG, another friend, and several family members to do so, including Family Member-1, Family Member-2, Family Member-3, Family Member-4, and Friend-1. In text messages, MARKIN assured WONG that he was “not uncertain” that when the “news drop[ped]” about Pandion, the price would “EXPLODE” and they would earn “triple gains.”
WONG purchased hundreds of thousands of dollars’ worth of Pandion shares based on the material non-public information he received from MARKIN. In addition to his purchases of Pandion stock, WONG told at least seven other people to purchase Pandion shares, causing some of the people he tipped to purchase tens or hundreds of thousands of dollars’ worth of Pandion stock, including Family Member-5, Friend-2, Friend-3, Friend-4, Friend-5, Friend-6, and Friend-7.
In total, MARKIN and WONG together caused at least 20 people to trade in Pandion stock based on the material non-public information that MARKIN misappropriated from his girlfriend, resulting in millions of dollars of illegally obtained trading profits. To conceal their illegal insider trading scheme, MARKIN and WONG used an encrypted messaging application and deleted many of their text messages with each other. They also agreed on a cover story that they could provide to law enforcement, namely, that if they were asked how they anticipated Pandion’s stock price increase, they could say they “read it on Stocktwit,” in reference to a social media platform for sharing stock ideas, and falsely say that the news was “publicly being announced there.”
After Merck’s acquisition of Pandion was announced publicly, and the Pandion stockholdings of MARKIN and WONG, and those whom they tipped, significantly increased in value, the defendants sold their shares of Pandion for significant profits. With their illegal profits, the defendants and their tippees purchased luxury items and bought gifts for each other. For example, WONG purchased for MARKIN a Rolex watch valued at approximately $40,000, a trip to Hawaii, and a meal at a three-Michelin-starred restaurant in New York that cost more than $1,000. WONG also purchased a home in Florida.
Thereafter, MARKIN lied in order to hide his illegal insider trading. In or about June 2021, after MARKIN and the Law Firm Associate had ended their relationship, and as MARKIN was preparing to begin training as a new agent at the FBI Academy in Quantico, Virginia, the Law Firm Associate called MARKIN to ask why MARKIN’s name had come up in an inquiry by the Financial Industry Regulatory Authority into trading in Pandion stock. In response, MARKIN lied to the Law Firm Associate and falsely claimed that he did not trade in Pandion stock.
MARKIN subsequently took steps to further conceal his criminal activity. On November 18, 2021, Markin lied to FBI agents when he was interviewed about his Pandion trading. That day, Special Agents from the FBI interviewed MARKIN in connection with an investigation they told him was being conducted by law enforcement in the Southern District of New York relating to insider trading in Pandion stock. During the interview, MARKIN adhered to the fake cover story he and WONG had concocted and falsely told the agents (i) that he learned about Pandion on StockTwits, (ii) that he purchased the stock because of a recent earnings report and a new board member addition, and (iii) that he did not know that his former girlfriend worked on the Pandion transaction.
* * *
MARKIN, 32, of Washington Crossing, Pennsylvania, pled guilty to one count of securities fraud, which carries a maximum term of 20 years in prison.
WONG, 40, of New York, New York, pled guilty on April 10, 2023, to one count of securities fraud, which carries a maximum term of 20 years in prison.
BRIAN WONG, 45, of Secaucus, New Jersey, pled guilty on November 10, 2022, to being an accessory after the fact to conspiracy to commit securities fraud and tender offer fraud, which carries a maximum term of two and a half years in prison, and was sentenced on April 12, 2023, to three years’ probation with three months’ home confinement and forfeiture in the amount of $403,375.75.
JONATHAN BECKER, 34, of Weehawken, New Jersey, pled guilty on September 20, 2023, to one count of securities fraud, which carries a maximum term of 20 years in prison.
The 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 a judge. MARKIN will be sentenced by Judge Ramos on March 13, 2024; WONG will be sentenced by Judge Ramos on January 26, 2024; and BECKER will be sentenced by Judge Ramos on December 19, 2023.
Mr. Williams praised the outstanding investigative work of the FBI and the Department of Justice’s Office of the Inspector General. Mr. Williams also thanked the U.S. Securities and Exchange Commission, which has filed parallel civil actions.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Kiersten A. Fletcher, Nicolas Roos, and Negar Tekeei are in charge of the prosecution.
Former Enfield Resident Sentenced to 28 Months in Prison for Trafficking CocaineRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that OCTAVIO RAZON-MEJIA, also known as “Pachas,” 37, a citizen of Mexico last residing in Enfield, was sentenced today by U.S. District Judge Kari A. Dooley in Bridgeport to 28 months of imprisonment for trafficking cocaine.
According to court documents and statements made in court, in October 2021, the Drug Enforcement Administration’s Hartford Task Force began investigating a drug trafficking organization, with ties to a Mexican drug cartel, operating in the area of Enfield, Connecticut, and Springfield, Massachusetts. The investigation, which included court-authorized wiretaps and controlled purchases and seizures of narcotics, revealed that Sergio Horta-Molina, of Suffield, arranged the shipment of cocaine and other narcotics to Connecticut, and then distributed the drugs to others, including Razon-Mejia who, in turn, sold the drugs to street-level traffickers and drug customers.
Razon-Mejia has been detained since his arrest on May 5, 2022. On August 8, 2023, he pleaded guilty to conspiracy to distribute and to possess with intent to distribute cocaine.
Razon-Mejia faces immigration proceedings when he completes his prison term.
Horta-Molina pleaded guilty and, on June 6, 2023, he was sentenced to 94 months of imprisonment for both the offense and for violating the conditions of his supervised release from a prior federal narcotics trafficking conviction.
This investigation has been conducted by the DEA’s Hartford Task Force and the Enfield Police Department. The Task Force includes personnel from the DEA Hartford Resident Office, the Connecticut State Police, and the Bristol, Hartford, East Hartford, Enfield, Manchester, New Britain, Rocky Hill, Wethersfield, and Windsor Locks Police Departments.
This case is being prosecuted by Assistant U.S. Attorney A. Reed Durham through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF identifies, disrupts, and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state, and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Former Employee of Beaver County Health Care Facility Pleads Guilty to Federal Hate Crime Charges Related to Assaults Against Disabled ResidentsRead the Press Release
PITTSBURGH, PA – A resident of Beaver County, Pennsylvania, pleaded guilty in federal court to federal hate crime charges, United States Attorney Eric G. Olshan announced today.
Tyler Smith, 32, of New Brighton, Pennsylvania, pleaded guilty to one count of conspiracy, and one count of violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, before United States District Judge J. Nicholas Ranjan.
According to admissions made during Smith’s plea hearing, he and co-defendant Zachary Dinell were employees of an in-patient health care facility located in New Brighton, Pennsylvania. Residents of the facility suffered from a range of severe physical, intellectual, and emotional disabilities, and required assistance with all activities of daily life, including bathing, using the bathroom, oral hygiene, feeding, and dressing. As members of the facility’s Direct Care Staff, Smith admitted that he and Dinell were responsible for providing this daily assistance to residents.
From approximately June 2016 to September 2017, Smith further admitted that he and Dinell engaged in a conspiracy to commit hate crimes against residents of the facility because of the residents’ actual or perceived disabilities. Smith and Dinell carried out assaults in a variety of ways, including by punching and kicking residents, rubbing liquid irritants in their eyes, spraying liquid irritants in their eyes and mouths, and in one instance removing a resident’s compression stocking in a manner intended to inflict pain. Several of these assaults were recorded on Dinell’s cell phone. In one instance, Smith admitted jumping on top of a 13-year-old minor, while the child was lying prone on his bed, and while Dinell filmed the incident on his cellular phone. Smith further acknowledged that immediately after recording the video, Dinell texted the video to him.
As part of the conspiracy, Smith also acknowledged that he and Dinell exchanged text messages in which they expressed their animus toward the disabled residents, shared photographs and videos of residents, described their assaults, and encouraged each other’s continued abuse of residents.
Smith further admitted that he and Dinell were able to avoid detection by, among other things, exploiting their one-on-one access to residents of the facility and the fact that the victims were non-verbal and could not report the defendants’ abuse. Due to their physical disabilities, the residents also were not able to defend themselves against the assaults.
The maximum penalty for the conspiracy charge is a term of imprisonment of five years and a $250,000 fine. The maximum penalty for the hate crime charge is a term of imprisonment of ten years and a $250,000 fine.
As part of his plea agreement, and subject to the approval of Judge Ranjan, Smith has agreed to a term of imprisonment of not less than 60 months and not more than 120 months. Zachary Dinell previously pleaded guilty to all charges and was sentenced on January 26, 2023, to 17 years’ imprisonment, followed by three years’ supervised release.
Assistant United States Attorneys Carolyn J. Bloch and Brendan J. McKenna are prosecuting this case on behalf of the government. The Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.
Former Correctional Officer Sentenced to More Than Five Years in Prison for Sexual Abuse of Two Female InmatesRead the Press Release
OAKLAND - Former federal correctional officer John Bellhouse was sentenced today to 63 months in prison, followed by five years of supervised release and ordered to pay $25,500 for his sexually abusive conduct against two female victims who were serving prison sentences at Federal Correctional Institution (FCI) Dublin. The sentence was handed down by U.S. District Judge Yvonne Gonzalez Rogers.
Bellhouse, 40, formerly of Pleasanton, Calif., was initially charged with sexual abuse of an inmate on Feb. 17, 2022. A federal grand jury issued a superseding indictment on Sept. 29, 2022, charging Bellhouse with two counts of sexual abuse of a ward and three counts of abusive sexual contact that occurred between December 2019 and December 2020. A jury convicted Bellhouse of all counts.
“John Bellhouse exploited his position of trust at the Federal Bureau of Prisons by sexually abusing multiple women in his custody – and today he has been held to account,” said Deputy Attorney General Lisa O. Monaco. “The sentence of imprisonment imposed today is the latest example of the Justice Department’s continuing work to address the egregious misconduct that took place at FCI Dublin and prioritize the eradication of sexual assault from our prison system.”
“This defendant’s conduct was a disturbing deviation from the expectations and requirements of all federal correctional officers,” said U.S. Attorney Ismail J. Ramsey for the Northern District of California. “Bellhouse violated his oath and abused the power given to him, all to victimize the people he was supposed to protect. This sentence makes clear that the sexual abuse of inmates by guards will not be tolerated.”
“While today’s sentencing cannot undo the horrific abuse that Bellhouse’s victims endured, it sends a clear message that BOP employees who abuse inmates in their custody and care will be brought to justice. Our investigation of sexual abuse at FCI Dublin remains ongoing, and we will continue to aggressively pursue justice for victims of sexual abuse at the hands of BOP employees,” said Department of Justice Inspector General Michael E. Horowitz.
“The horrendous sexual abuse committed by convicted offender John Bellhouse is cruel and despicable,” said FBI Deputy Director Paul Abbate. “As a federal corrections officer, Bellhouse sexually abused inmates under his care and attempted to cover-up his crimes. These violations are inexcusable breaches of the trust and authority granted to government officials. This sentencing is a reminder that the FBI and our partners will relentlessly pursue those who physically harm others and hold them accountable.”
“John Bellhouse has been held accountable for his abhorrent actions, preying upon vulnerable individuals in his custody,” said FBI Special Agent in Charge Robert K. Tripp of the San Francisco Division. “Our investigation continues. We will find justice for victims of these heinous crimes.”
Bellhouse was employed as a correctional officer at the FCI Dublin, California, an all-female low security federal correctional institution. Trial evidence showed that beginning December 2019 through October 2020 Bellhouse sexually abused and committed abusive sexual contact against a victim incarcerated and serving a prison sentence at FCI Dublin under Bellhouse’s custodial, supervisory, and disciplinary authority. Bellhouse engaged in oral sex with the victim in the prison Safety Warehouse and Safety Office and touched the victim’s vagina and breasts in the prison Safety Office, according to the trial evidence.
Evidence presented at trial also demonstrated Bellhouse committed abusive sexual contact against a second victim between October and December of 2020. Trial evidence showed that the acts occurred in the Safety Office at the FCI Dublin Camp.
The trial evidence further showed that Bellhouse sexually abused another inmate in 2020 and 2021 when he reached through a window in her cell and grabbed her breast, and on another occasion put his finger in her vagina without her consent while she was in her cell after showering.
In a memorandum filed in connection with Bellhouse’s sentencing, the government provided additional information regarding Bellhouse’s criminal conduct while he was a correctional officer. In the memorandum, the government argued that in addition to the three women who testified at trial about Bellhouse’s sexual abuse of them, Bellhouse also abused other women. Further, the government’s memorandum describes how Bellhouse used his ability to access everyday items such as Starbucks coffee, yarn, jewelry, and cleaning supplies, to get his victims both to acquiesce in the abuse and to keep them quiet about his conduct. For example, according to the memorandum, Bellhouse would provide items to coax compliance with his demands. Because these items were considered contraband at FCI Dublin, mere possession of them exposed inmates to potential punishments such as solitary confinement and loss of good time credits.
Bellhouse was convicted of two counts of sexual abuse of a ward, and three counts of abusive sexual conduct.
Judge Gonzalez Rogers ordered Bellhouse to surrender on or before Feb. 2, 2024, to begin serving his sentence. In addition, Judge Gonzalez Rogers scheduled a hearing for Feb. 1, 2024, to determine issues regarding restitution.
The Department of Justice’s Office of Inspector General and the FBI investigated the case.
Assistant U.S. Attorneys Molly Priedeman and Andrew Paulson prosecuted the case with the assistance of Madeline Wachs, Sara Slattery, Leeya Kekona, and Kay Konopaske.
Federal Prisoner Charged with Escape Pleads Not Guilty at ArraignmentRead the Press Release
MACON, Ga. – A recently convicted felon charged with escaping the Bibb County Jail on Oct. 16 pleaded not guilty before U.S. Magistrate Judge Charles Weigle today during a brief arraignment at the U.S. Courthouse in Macon.
Johnifer Dernard Barnwell aka “Whoop” aka “Malixe,” 37, of Macon, is charged by indictment with one count of escape from custody. Co-defendant Janecia Green, 30, of Macon, is charged by indictment with one count of aiding and abetting Barnwell’s escape from custody and one count of assisting escape of a person committed to custody. Each charge carries a maximum sentence of five years in prison. Barnwell remains in federal custody as ordered by the Court.
According to the indictment, Barnwell was being held in the Bibb County Jail on behalf of the U.S. Marshals Service (USMS) after he was convicted by a federal jury on Oct. 2 of conspiracy to possess with intent to distribute fentanyl, methamphetamine and heroin; and possession with intent to distribute fentanyl, methamphetamine, heroin, cocaine and cocaine base for which Barnwell faces a maximum sentence of life in prison and a $10,000,000 fine. A sentencing date has not been scheduled by the Court. In the indictment, Barnwell is alleged to have escaped the custody of the Bibb County Sheriff’s Office with the assistance of Green.
Green had her initial appearance in Macon on Nov. 15 before U.S. Magistrate Judge Charles Weigle of the U.S. Court for the Middle District of Georgia. On Nov. 21, Green had a detention hearing where she was ordered to remain in federal custody pending trial.
The case is being investigated by the FBI, the U.S. Marshals Service and the Bibb County Sheriff’s Office. Assistant U.S. Attorney Joy Odom is prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Federal Grand Jury Indicts New Albany Felon for Illegally Possessing a FirearmRead the Press Release
Louisville, KY – A federal grand jury in Louisville returned an indictment on November 21, 2023, charging a New Albany, Indiana man with possession of a firearm by a convicted felon.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge R. Shawn Morrow of the ATF Louisville Field Division, and Chief Jacquelyn Gwinn-Villaroel of the Louisville Metro Police Department made the announcement.
According to the indictment, Demetrus Forrest II, also known as Demetrius Forrest, 22, was charged with possession of a firearm by a convicted felon. On November 15, 2023, Forrest possessed a Glock, model 17c, 9-millimeter handgun. Forrest was prohibited from possessing a firearm because he had previously been convicted of the following felony offenses. On December 9, 2022, in Jefferson Circuit Court, Forrest was convicted of fraudulent use of a credit card under $10,000, receiving stolen property under $10,000, theft by unlawful taking from a vehicle $500 or more but under $10,000 (2 counts), theft by unlawful taking – firearm, and receiving stolen property (firearm).
The defendant made his initial court appearance last week, before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Kentucky. The defendant remains detained pending trial. If convicted, Forrest faces a maximum sentence of 15 years in prison. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors.
There is no parole in the federal system.
This case is being investigated by the ATF and the LMPD.
Assistant U.S. Attorney Frank Dahl is prosecuting 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.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Federal Grand Jury Indicts Louisville Felon for Federal Firearms OffensesRead the Press Release
Louisville, KY – A federal grand jury in Louisville returned an indictment on October 18, 2023, charging a local man with possession of a firearm by a convicted felon and possession of a firearm in furtherance of drug trafficking.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge R. Shawn Morrow of the ATF Louisville Field Division, and Chief Jacquelyn Gwinn-Villaroel of the Louisville Metro Police Department made the announcement.
According to the indictment, Dashawn Billingslea, 18, was charged with one count of possession of a firearm by a prohibited person and one count of possession of a firearm in furtherance of drug trafficking. On June 21, 2023, Billingslea possessed a Karri’s Guns, Model KG 15, multi-caliber rifle and a Glock, Model 22, .40 caliber handgun. Billingslea was prohibited from possessing a firearm because he had previously been convicted of the following felony offense. On June 12, 2023, in Jefferson Circuit Court, Billingslea was convicted of trafficking in a controlled substance in the first degree.
The defendant made his initial court appearance last week, before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Kentucky. The defendant remains detained pending trial. If convicted, Billingslea faces a minimum sentence of 5 years and a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors.
There is no parole in the federal system.
This case is being investigated by the ATF and the LMPD.
Assistant U.S. Attorney Frank Dahl is prosecuting 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.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Federal Court Shuts Down South Florida Tax PreparersRead the Press Release
A federal court in the Southern District of Florida on Dec. 1 permanently enjoined a Miami tax return preparer and his businesses from preparing federal income tax returns, training others how to prepare tax returns or operating any tax return preparation business in the future.
The court also ordered Javier Campos and the tax preparation businesses he operates to pay $500,000 in ill-gotten gains to the United States. Campos consented to the permanent injunction and disgorgement order. Five employees of the tax preparer’s businesses consented to an injunction from preparing tax returns for two years.
The civil complaint alleges that Campos owns or controls JBC Tax Services LLC, WK Tax Services Inc., Cutler Bay Tax Services Inc., N.L.T.S. Inc. (doing business as Naranja Lakes Tax Services Inc.) and Tax Services Group Corp. According to the complaint, Campos and the other defendants prepared returns for customers that claimed various false or fabricated deductions and credits, including fabricated residential energy credits, fictitious deductions and credits for education expenses, false COVID-19 sick and family leave credits and bogus deductions for personal property rentals, attorney’s fees for unlawful discrimination claims and reforestation amortization and expenses. The complaint also alleges that Campos acted as a “ghost” preparer, meaning that he did not sign the returns he prepared as required by law, and trained outside clients and tax preparers how to fraudulently inflate customers’ tax refunds through Tax Services Group.
Today’s permanent injunction against Campos and his businesses – to which Campos, JBC Tax Services, WK Tax Services, Cutler Bay Tax Services, Naranja Lakes Tax Services and Tax Services Group consented – forever bars them from any involvement in the preparation of federal tax returns. They must immediately close and cease all operations at any office location, including the Miami offices located at 19485-B S. Dixie Highway and 13630 SW 120th St., Suite 228, and the Homestead office located at 27393 S. Dixie Highway.
The injunction against the five employee defendants – David DePablo, Krystallee Gonzalez, Alvaro Jauregui, Katya Rojas and Patricia Vanegas – bars them from any involvement in the preparation of federal tax returns for two years. The injunction also requires that they successfully complete the IRS’s Annual Filing Season Program training course and provide proof of completion before they may prepare returns for others.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Attorneys from the Justice Department’s Tax Division prosecuted the case.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.
In the past decade, the Justice Department’s Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
ecf_no._37_campos.pdf ecf_no._38_campos.pdfExembajador de Estados Unidos y exfuncionario del Consejo de Seguridad Nacional acusado de actuar en secreto como agente del gobierno cubanoRead the Press Release
Fiscales federales acusaron a Víctor Manuel Rocha, de 73 años de edad, de Miami (Florida), antiguo empleado del Departamento de Estado de Estados Unidos que participó en el Consejo de Seguridad Nacional de 1994 a 1995 y, posteriormente fungió como embajador de Estados Unidos en Bolivia de 2000 a 2002, de haber cometido múltiples delitos federales actuando clandestinamente durante décadas como agente del Gobierno de la República de Cuba.
“Esta medida expone una de las infiltraciones de mayor nivel y duración en el Gobierno de Estados Unidos por parte de un agente extranjero”, indicó el fiscal general Merrick B. Garland. “Alegamos que, durante más de 40 años, Víctor Manuel Rocha actuó como agente del gobierno cubano y buscó y obtuvo puestos dentro del Gobierno de Estados Unidos que le proporcionaban acceso a información no pública y la posibilidad de afectar la política exterior estadounidense. Quienes tienen el privilegio de prestar servicio en el Gobierno de Estados Unidos son depositarios de una inmensa confianza por parte del público a cuyo servicio se encuentran. Traicionar esa confianza prometiendo falsamente lealtad a Estados Unidos mientras se atienden los intereses de una potencia extranjera constituye un delito al que el Departamento de Justicia responderá de manera implacable”.
“Como todos los funcionarios federales, los diplomáticos estadounidenses prestan juramento de apoyar y defender la Constitución de Estados Unidos. Actuar como agente para Cuba, una potencia extranjera hostil, constituye una violación flagrante de dicho juramento y traiciona la confianza del pueblo estadounidense”, manifestó el director del FBI, Christopher Wray. “El FBI seguirá actuando en firme defensa ante gobiernos extranjeros que dirijan sus acciones contra Estados Unidos, e identificaremos y nos aseguraremos de que rindan cuentas todos aquellos que violen su juramento a Estados Unidos, sin importar cuánto tiempo tome”.
“Durante décadas, Rocha presuntamente trabajó como agente encubierto para Cuba y abusó de su posición de confianza en el Gobierno de Estados Unidos para promover los intereses de una potencia extranjera”, explicó el fiscal general adjunto Matthew G. Olsen de la División de Seguridad Nacional del Departamento de Justicia. “Por más tiempo que tome, impartiremos justicia contra quienes traicionen sus juramentos solemnes al pueblo estadounidense”.
“El Distrito Sur y nuestros socios de aplicación de la ley estamos preparados para proteger a Estados Unidos de personas que actúen ilegalmente como agentes de gobiernos extranjeros”, manifestó el fiscal federal Markenzy Lapointe para el Distrito Sur de Florida. “Las personas que violan la ley federal al participar en actividades clandestinas para Estados extranjeros hostiles, y proporcionan información falsa sobre esas actividades al Gobierno de Estados Unidos, ponen en peligro la democracia estadounidense. Eso se aplica particularmente a empleados anteriores o actuales de Estados Unidos que juraron defender la Constitución de Estados Unidos y a los ciudadanos estadounidenses que se benefician de las libertades y oportunidades de este país. La Oficina del Fiscal Federal de Estados Unidos y sus socios de aplicación de la ley en el sur de la Florida, así como en otros lugares, continuarán aplicando enérgicamente todas las leyes federales”.
Según la acusación, a partir de aproximadamente el año 1981, y hasta el presente, Rocha, ciudadano estadounidense naturalizado originario de Colombia, apoyó en forma secreta a la República de Cuba y su misión clandestina de reunir inteligencia contra Estados Unidos actuando como agente encubierto de la Dirección General de Inteligencia de Cuba.
Para llevar a cabo ese papel, según se indica en la demanda, Rocha obtuvo empleo en el Departamento de Estado de Estados Unidos entre 1981 y 2002, en puestos que le proporcionaron acceso a información no pública, incluida información clasificada, y la posibilidad de afectar la política exterior de Estados Unidos. Después de concluir su empleo en el Departamento de Estado, Rocha cometió otros actos destinados a prestar apoyo a los servicios de inteligencia de Cuba. Desde alrededor del año 2006 hasta alrededor de 2012, Rocha fue asesor del comandante del Comando Sur de Estados Unidos, un comando conjunto de las fuerzas militares de Estados Unidos cuya área de responsabilidad incluye a Cuba.
La acusación sostiene que Rocha mantuvo en secreto su condición de agente cubano para protegerse a sí mismo y a otros y poder participar en otras actividades clandestinas. Rocha proporcionó información falsa y engañosa a Estados Unidos para mantener secreta su misión; viajó fuera de Estados Unidos para reunirse con agentes de inteligencia cubanos; y efectuó declaraciones falsas y engañosas para obtener documentos de viaje.
Según se indica en la acusación, Rocha comenzó su carrera en el Departamento de Estado en 1981, y fue ascendiendo de rango desempeñando una variedad de funciones, que incluyeron (1) desde alrededor de febrero de 1989 hasta alrededor de noviembre de 1991, fue primer secretario de la embajada de Estados Unidos en la Ciudad de México en México; (2) desde alrededor de noviembre de 1991 hasta alrededor de julio de 1994, como ministro consejero en la embajada de Estados Unidos en Santo Domingo, República Dominicana; (3) desde alrededor de julio de 1994 hasta alrededor de julio de 1995, como empleado del Departamento de Estado, en la función de Director para Asuntos Interamericanos en el Consejo de Seguridad Nacional de Estados Unidos, con responsabilidad especial respecto a Cuba, entre otras cosas; (4) desde alrededor de julio de 1995 hasta alrededor de julio de 1997, como funcionario viceprincipal de la Sección de Intereses de Estados Unidos en La Habana, Cuba; (5) desde alrededor de julio de 1997 hasta alrededor de noviembre de 1999, como ministro consejero de la embajada de Estados Unidos en Buenos Aires, Argentina; y (6) desde alrededor de noviembre de 1999 hasta alrededor de agosto de 2002, como embajador de Estados Unidos ante Bolivia en la embajada de Estados Unidos en La Paz, Bolivia.
La acusación alega que, en una serie de reuniones sostenidas durante 2022 y 2023 con un agente encubierto del FBI que simulaba ser representante encubierto de la Dirección General de Inteligencia de Cuba, Rocha formuló reiteradas declaraciones admitiendo sus “décadas” de trabajo para Cuba, que abarcan “40 años”. Cuando el agente secreto le dijo a Rocha que era “un representante encubierto aquí en Miami” cuya misión consistía en “contactarle, presentarme como su nuevo contacto y establecer un nuevo plan de comunicación”, Rocha respondió “sí”, y procedió a entablar una larga conversación durante la cual describió y celebró su actividad como agente de inteligencia cubano. En los encuentros, Rocha se comportó como un agente cubano, refiriéndose constantemente a Estados Unidos como “el enemigo”, y utilizando el término “nosotros” para referirse a sí mismo y a Cuba. Rocha también elogió a Fidel Castro como “el Comandante”, y se refirió a sus contactos en los servicios de inteligencia cubana como sus “camaradas” y a los servicios de inteligencia cubanos como la “Dirección”. Rocha calificó a su labor como agente cubano como un “grand slam”.
Rocha está acusado de conspirar para actuar como agente de un gobierno extranjero sin notificación previa al fiscal general; de actuar como agente de un gobierno extranjero sin notificación previa al fiscal general; y de utilizar un pasaporte obtenido mediante declaración falsa. Se espera que tenga su primera vista ante un juez de instrucción federal en Miami en el día de hoy, 4 de diciembre.
La oficina local del FBI en Miami está investigando el caso, con valiosas contribuciones del Servicio de Seguridad Diplomática del Departamento de Estado y la oficina local del FBI en Washington.
Los fiscales adjuntos federales Jonathan D. Stratton y John C. Shipley del Distrito Sur de Florida, junto con los abogados litigantes Heather M. Schmidt y Christine A. Bonomo de la Sección de contrainteligencia y control de exportaciones de la División de Seguridad Nacional están encargados de la acción penal.
Toda persona que tenga información para transmitir al respecto puede llamar al 1-800-CALL-FBI (800-225-5324) o visitar tips.fbi.gov (en inglés).
Una denuncia penal implica solamente una alegación. Todos los acusados se presumen inocentes hasta tanto se demuestre su culpabilidad sin lugar a duda razonable en un tribunal de justicia.
Edmond Sex Offender Pleads Guilty to Distribution of Child PornographyRead the Press Release
OKLAHOMA CITY – Today, MATTHEW RYAN STROBL, 34, of Edmond, pleaded guilty to distribution of child pornography, announced U.S. Attorney Robert J. Troester.
On August 16, 2023, a federal grand jury returned a four-count Indictment against Strobl, charging him with attempted sexual exploitation of a child, attempted transfer of obscene material to a minor, commission of a felony sex offense by an individual required to register as a sex offender, and distribution of child pornography. According to court documents, beginning March 20, 2023, Strobl began communicating with a Homeland Security Investigations (HSI) undercover special agent (UCA), posing in an undercover capacity as a juvenile female. Court documents allege Strobl requested the UCA send him photos of a sexual nature on multiple occasions, despite knowing the UCA’s purported age of 14. Strobl also sent several child pornographic images and videos to the UCA.
As the conversation between the UCA and Strobl continued, the National Center for Missing and Exploited Children received numerous reports from Instagram of an account associated with Strobl transmitting digital files believed to depict child pornography. Court records further reflect that even after law enforcement seized Strobl’s cell phone on June 26, 2023, he continued messaging the UCA using another cell phone. The Indictment alleges these felony offenses took place, despite Strobl’s previous convictions for sexual battery and rape in the second degree in Oklahoma County District Court case numbers CF-2018-4518 and CF-2012-2113. These convictions required Strobl to register as a sex offender.
Today, Strobl pleaded guilty to distribution of child pornography. As part of his plea, Strobl admitted to using a cell phone to distribute images that depict child pornography.
At sentencing, Strobl faces up to 40 years, and no less than 15 years in federal prison, and a fine of up to $250,000. He also faces a term of supervised release of up to life and registration as a sex offender. Strobl has been in federal custody since August 18, 2023.
This case is the result of an investigation by the Tornado Alley Child Exploitation Task Force, led by HSI, and the Oklahoma Department of Corrections, Probation and Parole Division. Assistant U.S. Attorneys Jordan Ganz and Brandon Hale are prosecuting the case.
Reference is made to public filings for additional information.
East St. Louis Man Sentenced to 5 Years in Prison for Threatening to Endanger a ChildRead the Press Release
EAST ST. LOUIS, Ill. – A district judge sentenced an East St. Louis man to 5 years in federal prison after he admitted to threatening the mother of a 10-year-old child, who he forcibly took from home in Illinois and drove to St. Louis.
Marcus L. Weekfall, also known as “Conehead”, 39, pleaded guilty to one count of interstate extortion with a threat to injure.
“The defendant targeted a child to mentally and emotionally abuse both the victim and the victim’s mother,” said U.S. Attorney Rachelle Aud Crowe. “His actions were calculated and dangerous, thus warranted this prison sentence.”
According to court documents, the minor victim was asleep in bed when Weekfall broke into the victim’s mother’s house around 4:20 a.m. on May 28, 2022. Weekfall demanded the child to leave with him, and he took him to St. Louis. Weekfall and the victim’s mother were previously in a romantic relationship.
“Illinois State Police Officers assigned to the Public Safety Enforcement Group work tirelessly to protect the residents in the Metro East and we will continue to coordinate with the U.S. Attorney’s Office to make sure people like Weekfall are held accountable for their crimes,” said ISP Director Brendan F. Kelly.
The mother contacted police after seeing Weekfall on a surveillance camera inside the residence. Officers with the East St. Louis Police Department contacted Weekfall by phone and requested the child be returned safely, but Weekfall refused.
While in possession of the victim, Weekfall called the mother several times and threatened to harm the child if the mother declined to meet with him. After five hours, Weekfall had another individual return the child to the mother.
“Protecting those who cannot protect themselves is of paramount importance to the FBI and all of law enforcement,” said FBI Springfield Field Office Special Agent in Charge David Nanz. “Due to swift action and coordination with our law enforcement partners, the child was returned safely and Weekfall will spend five years behind bars—giving him ample time to consider the gravity of his actions.”
In addition to the prison sentence, Weekfall will serve three years of supervised release.
FBI Springfield Field Office, the Public Safety Enforcement Group (PSEG) of the Illinois State Police and the East St. Louis Police Department contributed to the investigation. Assistant U.S. Attorney Ali Burns prosecuted the case.
Eagle Point Woman Sentenced to 13 Years in Federal Prison for Taking Sexually Explicit Photos of a Child and Distributing Them OnlineRead the Press Release
MEDFORD, Ore.—An Eagle Point, Oregon woman was sentenced to 13 years in federal prison today for taking sexually explicit photos of an 8-year-old child and sending them to multiple individuals she met online.
Kayla Dee Lester, 31, was sentenced to 156 months in federal prison and 20 years’ supervised release.
According to court documents, in 2020, Lester took sexually explicit photos of an 8-year-old child and distributed them to multiple individuals online using Whisper, a social media application that allows users to post and share photo and video messages anonymously. When interviewed by police, Lester admitted to using Whisper and other social media applications to meet people and solicit child pornography. She further admitted to sending the images she took of the 8-year-old child to others in hopes they would send her child pornography in return.
On September 17, 2020, a federal grand jury in Medford returned a three-count indictment charging Lester with using a minor to produce visual depictions of sexually explicit conduct and distributing and possessing child pornography. On May 10, 2023, Lester pleaded guilty to distributing child pornography.
On July 6, 2023, while awaiting sentencing, Lester was arrested for possessing an internet-connected cell phone in violation of her release conditions. Her cell phone was found to contain nude images of herself and other adults who she was chatting with online as well as chats between Lester and others wherein she described sexually abusing her 8-year-old victim. A forensic search later conducted on her phone revealed 44 videos of child pornography. On July 10, 2023, Lester’s pretrial release was revoked.
This case was investigated by Homeland Security Investigations (HSI) with assistance from the Jackson County Sheriff’s Office and the Southern Oregon High-Tech Crimes Task Force. It was prosecuted by Judith R. Harper, Assistant U.S. Attorney for the District of Oregon.
Anyone who has information about the physical or online exploitation of children are encouraged to contact HSI at (866) 347-2423 or submit a tip online at report.cybertip.org.
Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor. It is important to remember child sexual abuse material depicts actual crimes being committed against children. Not only do these images and videos document the victims’ exploitation and abuse, but when shared across the internet, they re-victimize and re-traumatize the child victims each time their abuse is viewed. To learn more, please visit the National Center for Missing & Exploited Children at www.missingkids.org.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Created in January 2007, the Southern Oregon High-Tech Crimes Task Force provides cybercrime investigations and digital evidence forensic analysis for federal, state, and local law enforcement agencies in Southern Oregon. Member agencies include the Medford Police Department, Oregon State Police, the Jackson County Sheriff and District Attorney’s Offices, and HSI.
Doctor Charged in $14M Medicare and TRICARE Fraud SchemeRead the Press Release
Spokane, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that Thomas Andrew Webster, M.D., age 50, of Sylvania, Ohio, has been charged by Filing of Information on one count of Conspiracy to Violate the Anti-Kickback Statue in connection with a fraudulent medical supply scheme that targeted elderly Medicare and TRICARE beneficiaries throughout Washington and in other states.
The Medicare program provides health insurance coverage for elderly and disabled Americans. The United States Department of Defense’s TRICARE program provides health benefits to United States Armed Forces military personnel, military retirees, and their dependents. Medicare and TRICARE provide health insurance coverage for eligible health care services, including, under certain eligibility conditions, for Durable Medical Equipment (DME). For DME to qualify for reimbursement, DME was required to be ordered by a physician who is treating the beneficiary for a specific illness or injury. The DME was also required to contribute to the physician’s treatment of the illness or injury or to the improvement of the patient’s physical condition.
During the relevant time period, Dr. Webster lived in Olympia, Washington, and was a licensed physician in Washington. The Information charges that between May 2021 and September 2023, a company identified as “Company A” engaged in a telemarketing scheme to obtain beneficiary identifying and medical information by using telemarketers to contact Medicare and TRICARE beneficiaries in the Eastern District of Washington and elsewhere. According to the Information, Company A then used the information to create a fake medical record that reflected a doctor visit that never took place, and medical orders for DME. The Information charges that Dr. Webster then signed the fraudulent medical documentation and physician orders, and that the fraudulent orders were then sold to DME companies that used the orders to bill Medicare and TRICARE falsely and fraudulently.
The Information further alleges that between May of 2021 and September of 2023, Medicare and TRICARE paid more than $13.7 million for DME fraudulently ordered and referred by Dr. Webster. These beneficiaries, which included many residents of the Eastern District of Washington, included individuals who had no desire or medical need for the DME, individuals who had elected for hospice care and who therefore were not eligible to be treated for most types of illness or injury under Medicare, and individuals who lacked the limb for which Defendant placed the DME order because it had been previously amputated.
The Information also alleges that, as part of the scheme, Dr. Webster received $839,565 from Medicare and TRICARE for fraudulent telemedicine visits that never took place.
“Telemarketing schemes that target and exploit the elderly are especially pernicious because they prey on those who are often most in need of a doctor’s independent judgment that is not tainted or biased by the doctor’s own personal financial interest,” said U.S. Attorney Waldref. This is one reason that the U.S. Attorney’s Office, the Department of Justice, and our law enforcement partners, have made combatting elder fraud and abuse a top priority.”
The conspiracy offense carries a maximum sentence of up to five years in federal prison. The case is being investigated by HHS OIG and the Defense Criminal Investigative Service. Assistant United States Attorneys Dan Fruchter and Tyler H.L. Tornabene are prosecuting this case on behalf of the United States.
An indictment or information is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
District Man Sentenced to 90 Months in Prison for Shooting Two Men in Northeast D.C.Read the Press Release
WASHINGTON – Avon Burke, 52, of Washington D.C., was sentenced on December 1, 2023 to a 90 month prison term for shooting two men in Northeast Washington, D.C., announced U.S. Attorney Matthew M. Graves and Chief Pamela Smith of the Metropolitan Police Department (MPD).
Burke pleaded guilty in August 2023 to two counts of Assault with a Dangerous Weapon in the Superior Court of the District of Columbia. He was sentenced by the Honorable Lynn Leibovitz.
According to the Government’s evidence, Burke was present in the alleyway in the rear of 1355 New York Avenue NE, when a fight broke out between a group of men. Burke was not physically involved in this fight. While this group of men were fighting, Burke walked towards the group of men, raised both arms and extended them forward while holding a silver in color revolver, and fired two rounds in the direction of the two victims. One victim was struck in the chest and the other victim was struck in the leg. The Defendant then left the alleyway.
In announcing the sentence, U.S. Attorney Graves and Chief Smith commended the work of those who investigated the case from the Metropolitan Police Department.
This case was prosecuted by Assistant United States Attorney Benjamin Helfand of the Major Crimes Unit of the U.S. Attorney’s Office.
District Man Sentenced to 36-Month Prison Term for BurglaryRead the Press Release
WASHINGTON – Jonathan Robinson-Gripper, 31, of Washington, D.C., was sentenced today to a 36-month prison term for burglarizing a home near Observatory Circle, NW, announced U.S. Attorney Matthew M. Graves and Chief Pamela Smith of the Metropolitan Police Department (MPD).
Robinson-Gripper pleaded guilty in August 2023 to one count of second-degree burglary in the Superior Court of the District of Columbia and, today, the Honorable Jason Park sentenced Robinson-Gripper to 36 months in prison. Following his prison term, Robinson-Gripper will be placed on three years of supervised release.
According to the government’s evidence, on August 19, 2022, Robinson-Gripper was canvassing the Observatory Circle neighborhood on behalf of a non-profit organization. He broke into one of the homes he visited while the homeowner slept inside. Robinson-Gripper stole some money and left the house. His actions were recorded by the home’s surveillance system and the nonprofit organization cooperated with MPD’s investigation, providing evidence that led to Robinson-Gripper’s arrest.
In announcing the sentence, U.S. Attorney Graves and Chief Smith commended the work of those who investigated the case from the Metropolitan Police Department.
This case was prosecuted by Assistant U.S. Attorney Carlos A. Valdivia.
Convicted Felon Sentenced to More Than Seven Years in Prison for Illegally Possessing and Using a Firearm to Shoot His Domestic PartnerRead the Press Release
MOBILE, AL – A Bay Minette man was sentenced to 87 months in prison for illegally possessing a firearm that he used to shoot his domestic partner.
According to court documents, Quadarius Demetrous Russell, 25, was previously convicted of a felony offense in Florida in 2022 and a misdemeanor domestic-violence offense in Alabama in 2021. Those convictions each rendered Russell’s possession of firearms illegal under federal law. On the morning of May 17, 2023, however, Russell illegally possessed and used a .45 caliber pistol to shoot his domestic partner in the chest during a violent confrontation at an apartment complex in Bay Minette. Following the shooting, Russell transported the victim to a hospital, where the victim received life saving treatment.
Russell initially lied to police about the nature of the victim’s gunshot wound, claiming that the victim had been shot during a drive-by shooting in Atmore. Later, on May 19, 2023, Russell admitted that he had accidentally shot the victim during the confrontation. Russell further admitted that he knew he was “not supposed to be around guns” due to his prior convictions. He allowed officers to retrieve the pistol from his apartment. A forensic expert at the FBI Laboratory in Quantico, Virginia located blood on the pistol, as well as Russell’s DNA on its grip, trigger, remaining textured areas, and the base of the pistol’s magazine.
In addition to the 87-month prison sentence, Chief United States District Judge Jeffrey U. Beaverstock ordered Russell to serve a three-year term of supervised release upon his release from prison, during which time he will receive mental health evaluation and treatment. The court did not impose a fine, but Chief Judge Beaverstock ordered Russell to pay $100 in special assessments and $4,140.52 in victim restitution.
U.S. Attorney Sean P. Costello of the Southern District of Alabama made the announcement.
The Federal Bureau of Investigation and the Bay Minette Police Department investigated the case.
Assistant U.S. Attorney Justin Roller prosecuted the case on behalf of the United States.
Connecticut Man Arrested on Illegal Ammunition Possession Charge in Connection with Rutland, Vermont ShootingRead the Press Release
Burlington, Vermont – The United States Attorney for the District of Vermont stated that Bayohan Mangual, 38, of New Britain, Connecticut was arrested on Friday, November 17 in Connecticut pursuant to an arrest warrant issued in the District of Vermont. On October 18, 2023, a federal grand jury sitting in Rutland, Vermont returned an indictment charging Mangual with being a felon in possession of ammunition. Mangual made his initial appearance on November 17 in U.S. District Court in Hartford, Connecticut. U.S. Magistrate Judge Thomas O. Farrish ordered Mangual to be detained and transferred to the District of Vermont for further proceedings. His arraignment in the District of Vermont occurred this afternoon before Chief United States District Judge Geoffrey W. Crawford, at which Mangual pleaded not guilty. He remains in custody pending further proceedings.
According to court records, Mangual is charged with possession of ammunition on September 2, 2023. That day, Rutland City Police Department officers responded to an apartment on Cherry Street in Rutland City and found a deceased man and an injured man, both of whom appeared to have been shot. Mangual is charged with possessing the ammunition used in the shooting based on shell casings found at the scene. At the time he possessed the ammunition, Mangual had prior felony convictions that prohibited him from possessing ammunition under federal law.
If convicted of the current charge, Mangual faces a maximum sentence of 15 years imprisonment and a $250,000 fine. The actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The United States Attorney emphasizes that the charge in the indictment is merely an accusation, and that the defendant is presumed innocent unless and until he is proven guilty.
U.S. Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Rutland City Police Department and Homeland Security Investigations. He also thanked the Vermont State Police Bureau of Criminal Investigations and Crime Scene Search Team; the New Britain, Connecticut Police Department; the Hartford, Connecticut Police Department; and the Connecticut State Police for their vital assistance.
The prosecutors are Assistant United States Attorneys Nicole Cate and Jonathan Ophardt. Mangual is represented by the Office of the Federal Public Defender.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Chicopee Man Charged with Robbing and Assaulting a Confidential InformantRead the Press Release
BOSTON – A Chicopee man has been indicted by a federal grand jury in Springfield for allegedly robbing and assaulting a confidential informant using a firearm.
Hector Laureano, 38, was indicted on one count of assaulting with a dangerous weapon a person assisting an officer or employee of the United States in performance of official duties; one count of brandishing a firearm during and in relation to a crime of violence; and one count of robbery of money of the United States.
According to the indictment, on May 4, 2023, Laureano intentionally assaulted a confidential informant performing official duties. Laureano allegedly used of a Cobra Model .380 caliber pistol to rob a confidential informant of $1,400 belonging to the United States.
The charge of assaulting with a dangerous weapon a person assisting an officer or employee of the United States in performance of official duties provides for a sentence of up to 20 years in prison, three years of supervised release and a $250,000 fine. The charge of brandishing a firearm during and in relation to a crime of violence provides for a sentence of at least seven years in prison, five years of supervised release and a $250,000 fine. The charge of robbery of money of the United States provides for a sentence of up to 25 years in prison, three years of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Division made the announcement today. Assistant U.S. Attorney Catherine G. Curley of the Springfield Branch Office is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
California Man Sentenced for Methamphetamine ConspiracyRead the Press Release
Acting United States Attorney Susan Lehr announced that Oscar Villa, 37, from California, was sentenced today in federal court in Omaha for his involvement in a methamphetamine conspiracy. United States District Judge Brian C. Buescher sentenced Villa to 240 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a 5-year term of supervised release.
On August 17, 2022, in Wayne County, Nebraska, a call came in about two suspicious people attempting to get into a resident’s car. Nebraska State Patrol troopers responded and encountered Oscar Villa and Johana Madrid on the side of the road on Nebraska Highway 35 and 849 Road. Both claimed they were on their way to Iowa for drug treatment but couldn’t really explain how they wound up on the side of the road. Madrid admitted to having meth in her bookbag and a firearm was located on the ground nearby. They also found a large meth shard in the fitted sheet Madrid had originally draped over herself.
Villa and Madrid were taken into custody. While in custody, troopers searched Madrid’s phone which showed a map of a field near the intersection where the two were encountered which contained a location pin. Using that map and pin, troopers found a bookbag that was covered by soybean plants. Inside the bookbag was approximately 20 pounds of pure meth.
Madrid has pleaded guilty and is set for sentencing on January 3, 2024.
This case was investigated by the DEA, FBI, and the Omaha Police Department.
California Lawyer Sentenced to Four Years in Federal PrisonRead the Press Release
United States Attorney Gregory J. Haanstad of the Eastern District of Wisconsin announced that on November 30, 2023, Matthew Browndorf (age: 53) was sentenced to 48 months’ imprisonment, followed by 3 years of supervised release, for his willful failure to account for and pay over taxes owed to the Internal Revenue Service. Browndorf was also ordered to pay over $830,000 in restitution and a $100 special assessment.
Publicly filed documents reflect that Browndorf—a lawyer—owned and operated a holding company named Plutos Sama, LLC. Through Plutos Sama, Browndorf also owned subsidiary law firms across the United States, including BP Peterman, which was based in Brookfield, Wisconsin. As Plutos Sama’s CEO, Browndorf was responsible for ensuring that Plutos Sama and BP Peterman appropriately: collected and remitted payroll taxes; filed the appropriate payroll tax forms with the IRS; remitted funds associated with their employee pension benefit plan; and remitted funds associated with their health care benefit program.
Browndorf unlawfully failed to fulfill these obligations. All told, the total tax loss associated with Browndorf’s crimes exceeded $5,000,000. In addition, Browndorf’s conduct hurt his employees. Court filings indicate that some employees were forced to move in with relatives or borrow money from friends. Others underwent serious medical procedures, unaware that Browndorf had failed to appropriately remit their health insurance premiums, resulting in a lack of coverage and the need to pay out-of pocket for their treatment.
Court filings also documented that Browndorf enjoyed substantial income by virtue of his law practice and other ventures, and nevertheless chose to use the funds associated with his crimes to fund a lavish lifestyle, featuring sports cars, private flights, club memberships, and luxurious vacations. Court filings also revealed that Browndorf committed additional misconduct while on court supervision, including possessing over $30,000 in stolen goods.
When imposing sentence, Judge J.P. Stadtmueller noted that the extent of harm Browndorf caused his victims “jump[ed] off the page.” Judge Stadtmueller also observed that Browndorf, as a lawyer, “had the skill set” to “know better” but nevertheless chose to enrich himself at his employees’ expense. Browndorf is currently facing a separate federal prosecution for other federal crimes in the District of Maryland.
“Business owners who willfully flout our tax laws not only cause harm to every taxpayer but also put law-abiding businesses at a competitive disadvantage,” stated U.S. Attorney Haanstad. “This is especially galling when professionals abuse positions of trust and use their criminal proceeds to fund extravagant lifestyles on the backs of their employees and other hardworking Americans. I commend the excellent work and collaboration by all involved in bringing this individual to justice.”
“As a nation, we collectively rely on all citizens to meet their tax obligations,” said Justin Campbell, Special Agent in Charge, IRS Criminal Investigation Chicago Field Office. “Individuals who attempt to evade paying their taxes add an unfair financial burden to honest taxpayers. IRS Criminal Investigation remains steadfast in its commitment to investigate and bring to justice those who attempt to sidestep their tax obligations.”
Ruben R. Chapa, Chicago’s Regional Director of the U.S. Department of Labor, Employee Benefits Security Administration (“EBSA”) commented, “EBSA will continue to work aggressively with our criminal law enforcement partners to address the financial harm caused by these types of schemes.”
This matter was investigated by IRS-CI and EBSA. It was prosecuted by Assistant United States Attorney Kevin Knight.
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Boise Man Sentenced to 7.5 Years in Federal Prison for Attempting to Use Interstate Facilities to Transmit Information About a MinorRead the Press Release
BOISE – Japheth Shipp, 35, of Boise, was sentenced to 90 months in federal prison for attempted use of interstate facilities to transmit information about a minor, U.S. Attorney Josh Hurwit announced today.
According to court records, the investigation began in April 2023 when the Boise Police Department (BPD) received a report that Shipp had engaged in inappropriate communications with a 13-year-old. A BPD detective began communicating with Shipp posing as the child. During the electronic communications, Shipp sent explicit images and discussed engaging the child in sexual acts. Shipp was arrested when he traveled to meet the child.
U.S. District Judge Amanda K. Brailsford also sentenced Shipp to ten years of supervised release. Shipp will be required to register as a sex offender as a result of the conviction.
U.S. Attorney Hurwit commended the investigation by the Boise Police Department, which led to the charges. Assistant U.S. Attorney Kassandra McGrady prosecuted this 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 U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS) of the Department of Justice, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Arizona Man Sentenced to 45 Years is the Last Co-Conspirator Sentenced in a Multi-Defendant International Meth ConspiracyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Kingman, Arizona, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on November 27, 2023.
Rusty James Driscoll, 39, was sentenced to 45 years in federal prison, followed by five years of supervised release. He was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Driscoll was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in March of 2022. He was found guilty by a federal jury on August 4, 2023.
In 2022, Driscoll, and at least 17 other co-conspirators, who were all previously indicted and sentenced, were involved in a large-scale multiple pound methamphetamine conspiracy stretching from Mexico, Arizona, Louisiana, then finally making its way to South Dakota. Driscoll had a direct connection to import methamphetamine from a source in Mexico. He coordinated shipments of methamphetamine to co-conspirators in South Dakota and Louisiana, who then distributed it to others in those areas.
Agents identified the South Dakota cell leader of this organization as Christopher Daniels, who previously received a sentence of 30 years for his involvement in the conspiracy. Daniels obtained methamphetamine from Sean Gross, who lived in Arizona and sourced methamphetamine from Driscoll. Gross was sentenced to 26 years and eight months in prison for his involvement. In addition to Daniels in South Dakota, Gross and Driscoll also sent multiple pounds of methamphetamine to Jessica Johnson in Louisiana. Johnson received a sentence of 14 years for her involvement. Agents determined that Daniels was personally responsible for distributing at least 120 pounds of methamphetamine in South Dakota. Driscoll played a lead role in this conspiracy and was responsible for directing the quantities, prices, payments, and shipments of multiple multi-pound deliveries of methamphetamine to South Dakota and elsewhere.
This case was investigated by the Drug Enforcement Administration, U.S. Postal Inspection Service, IRS, SD Division of Criminal Investigation, SD Highway Patrol, and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Mark Hodges prosecuted the case.
Driscoll was immediately remanded to the custody of the U.S. Marshals Service.
1 December 2023
변호사 자격이 박탈된 퀸스 변호사, 고객 사기에 대해 유죄 인정Read the Press Release
오늘 오전 뉴욕 브루클린의 연방법원에서 마이클 리라고도 알려진 현 W. 리(Hyun W. Lee)는 자신의 부동산 고객과 그 거래 상대로부터 변호사 에스크로 계좌에 보관된 자금을 가로챈 사기 행각과 관련한 전신 금융사기 혐의에 대해 유죄를 인정했습니다. 오늘 재판은 파멜라 K. 첸(Pamela K. Chen) 미국 지방법원 판사 앞에서 진행되었습니다. 판결이 확정되면, 이 씨는 최대 20년의 징역형을 선고받게 됩니다. 또한 이 씨는 몰수 금으로 327만 달러를 지불하기로도 합의했습니다.
뉴욕 동부 지역의 브리온 피스 변호가 유죄 인정 사실을 발표했습니다.
"오늘 유죄를 인정함으로써 이 씨는 자신의 변호사 자격이 정지되고 박탈된 후에도 변호사 자격을 유지한 것처럼 한인 사회 구성원을 속이고 그들이 맡긴 수백만 달러를 훔쳤다는 사실을 인정했습니다"라고 미국 변호사 브리온 피스는 말했습니다. "신뢰를 기반으로 하는 지위를 이용해 타인을 속이는 사람들에게 책임을 묻는 동시에 지역사회를 보호하는 것은 이 사무실의 최우선 과제이며 앞으로도 계속될 것입니다."
피스 씨는 이번 수사에 도움을 준 퀸스 카운티 지역 변호사 사무실에 감사의 뜻을 표했습니다.
법원에 제출된 서류와 변론 과정에서 제시된 사실에 따르면, 이 씨는 자신의 에스크로 계좌에 예치된 자금을 풀어줄 것이라는 허위 진술로 고객과 거래 상대가 부동산 구매를 위해 자신에게 자금을 맡기도록 유도했습니다. 그러나 이 씨는 이 자금을 유용하여 카지노에서 도박하거나 자신이 일부 지분을 소유한 식당의 비용을 지불하는 등 자신의 이익을 위해 전용했습니다. 또한 이 씨는 자신이 부동산 매매와 관련하여 고객을 대리하고 부동산 거래와 관련하여 자금을 수령하여 에스크로 계좌에 보관할 수 있는 권한을 가진 변호사라고 허위 진술했습니다. 사실, 이 씨는 뉴욕주 변호사 자격이 정지되었고 이후 변호사 자격이 박탈되었습니다. 그 결과 이 씨는 고객과 제삼자로부터 자금을 받을 자격도 없었습니다.
이 사기를 진행하면서 이 씨는 에스크로 계좌에 보관된 자금 상태에 대해 고객이 그 자금이 안전하다고 믿도록 문서를 조작하여 고객을 오도했습니다. 이 씨가 고객들에게 보여준 서류에는 자신의 에스크로 계좌 잔액이 거의 300만 달러에 달한다고 되어 있었지만, 실제로는 약 2만 5천 달러까지로 고갈된 상태였습니다. 이 씨는 에스크로 계좌에서 자금을 인출해 달라는 고객과 거래 상대의 요청을 이행하지 않았으며, 이 씨가 이미 계좌의 자금을 거의 모두 사용한 상태에서도 남은 자금을 공평하게 분배하는 방법을 모색 중이라고 거짓으로 주장했습니다.
이 씨 또는 위법 행위에 연루된 다른 뉴욕 변호사들의 행위로 인해 손해를 입은 피해자는 변호사 고객 보호 기금에 청구서를 제출하거나 전화 (800) 442-3863 또는 이메일([email protected])로 연락하면 보상 자격이 있을 수 있습니다.
이 사건은 미국 법무부 기업 및 증권 사기 부서의 히랄 메타(Hiral D. Mehta) 부검사와 브라이언 모리스(Brian D. Morris) 검사가 특수 요원 마틴 설리번(Martin Sullivan)과 법률 보조 전문가 페이튼 제퍼슨(Peyton Jefferson)의 도움을 받아 기소 중입니다.
피고:
HYUN W. LEE, 일명 "마이클 리"
나이: 51
클로스터, 뉴저지주 클로스터 거주E.D.N.Y. 적요서 번호 23-CR-465(PKC)